November 21, RECOMMENDATION: Deny the site plan request, and accept withdrawal of rezoning request.

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1 November 21, 2003 TO: FROM: APPLICANT: BY: The County Board of Arlington, Virginia Ron Carlee, County Manager Trammell Crow Residential Tim Sampson, Attorney/Agent Walsh, Colucci, Emrich, Lubeley & Terpak 2200 Clarendon Boulevard, 13 th Floor Arlington, VA SUBJECTS: A. Z REZONING from "C-2" Service Commercial- Community Business Districts to "C-O-2.5" Commercial Office Building, Hotel and Apartment Districts; premises known as 3901 N. Fairfax Dr. (RPC # , -013, -014) B. SP #374 SITE PLAN for approximately 140 dwelling units, community facility, public plaza, retention of existing commercial use, with modifications of use regulations for density, coverage, and exclusion of below grade space in existing funeral home from GFA; premises known as 3901 N. Fairfax Dr. (RPC # , -013, -014) RECOMMENDATION: Deny the site plan request, and accept withdrawal of rezoning request. ISSUES: SUMMARY: 1) Conformance with Virginia Square Sector Plan 2) Additional density This is a request for a rezoning and site plan for a residential highrise building, six stacked townhouse units, a black box theater, publicly accessible plazas, and a funeral home on the site of the existing Arlington Funeral Home in Virginia Square. Denial of the request is recommended since it is inconsistent with several STAFF: Lisa Maher, DCPHD, Planning Division Sara Benson, DPW, Planning Division Norma Kaplan, DPRCR Reviewed by the County Attorney's Office: County Board Meeting December 6, 2003

2 Rezoning #Z SP # important elements of the Virginia Square Sector Plan and other policies, including, but not limited to, the following: open space that is not consistent with the layouts and other goals recommended in the Sector Plan, insufficient transition from the proposed building to Central Library, insufficient attention to 10 th Street North, lack of special streetscape features, retention of the existing funeral home building on the site, lack of justification for the applicant s request for 25% additional residential density, insufficient residential parking. BACKGROUND: The subject site is a block, on the north side of Fairfax Drive, that is currently developed with a funeral home and surface parking. The site is surrounded by the Arlington Central Library parking lot and Quincy Park across 10 th Street North to the north, by a small commercial building and surface parking to the east across North Pollard Street, by small office buildings and a WMATA cooling tower (a residential site plan has been approved on the site) to the south across Fairfax Drive, and to the west across North Quincy Street by an office building. The County Board adopted a revised Virginia Square Sector Plan in December That plan included many recommendations both for the Virginia Square Metro Station Area in general and for the subject site specifically. Among the recommendations was an amendment to the site s General Land Use Plan (GLUP) designation from High- Medium Residential Mixed-Use to Medium Office-Apartment-Hotel. The County Board approved this GLUP amendment in April The following provides additional information about the site and location: Site: The block bounded by Fairfax Drive, North Quincy Street, 10 th Street North, and North Pollard Street. Zoning: C-2 Service Commercial Community Business Districts Land Use: Medium Office-Apartment-Hotel Existing Neighborhood: Ballston-Virginia Square Civic Association. The site is also within the area covered by the Ballston-Virginia Square Partnership.

3 Rezoning #Z SP # Proposed Rezoning: The applicant proposes to rezone the subject site from C-2 to C-O-2.5, which is consistent with the site s new GLUP designation. Existing Zoning: C-2 Proposed Zoning: C-O-2.5 Density Allowed By-Right Maximum Development 1.5 FAR office/retail; or 68,262 s.f. office/commercial; or 36 units/acre residential 1 37 residential units By-right: 0.6 FAR office/retail; or single family residential at 7.26 units/acre By site plan: 2.5 FAR office/retail; or 115 units/acre residential; or 180 hotel rooms/acre By site plan: 113,770 s.f. office/commercial; or 120 residential units; or 188 hotel rooms Proposed Development: The following table sets forth the statistical summary for the project. Site Area Allocated to Office Allocated to Retail Allocated to Residential 45,508 s.f. (1.04 acres) 3,637 s.f. 677 s.f. 41,194 s.f. (0.945 acres) Density Total Space Office (funeral home) GFA 10,000 s.f. 2 Retail GFA 1,863 s.f. Residential Units 136 Highrise 130 Stacked Townhouses 6 Cultural Facility GFA 10,904 s.f. ( C-O-2.5 Max. Permitted Office GFA) 9,092.5 s.f. (Max. Office GFA with.25 FAR bonus) 10,000 s.f. ( C-O-2.5 Max. Permitted Retail GFA) 1,692.5 s.f. (Max. Retail GFA with.25 FAR bonus) 1,863 s.f. ( C-O-2.5 Max. Permitted Resid. Units) 108 (Max. Resid. Units with 10% bonus) 119 (Max. Resid. Units with 25% bonus) FAR/Units per acre Office (funeral home) FAR 2.75 Retail The by right residential development potential is expected to be deleted from permitted uses upon approval of a pending zoning ordinance amendment. 2 Excludes 1,002 s.f. of basement space in funeral home requested by applicant.

4 Rezoning #Z SP # Residential units/acre (25.05% above site plan max.) Cultural Facility FAR Not Applicable ( C-O-2.5 Max. Permitted Office FAR) 2.5 (Max. Office GFA with 2.5 FAR bonus) 2.75 ( C-O-2.5 Max. Permitted Retail FAR) 2.5 (Max. Retail GFA with 2.5 FAR bonus) 2.75 ( C-O-2.5 Max. Perm. Resid. Units/Acre) 115 (Max. Resid. Units/Acre with 10% bonus) (Max. Resid. Units/Acre with 25% bonus) Height Average site elevation Main roof elevation Height in feet to main roof Height in Stories Office (funeral home) Residential Highrise Stacked Townhouses Cultural Facility (Maximum Height in feet per Sector Plan) ( C-O-2.5 Max. Permitted Office Height) ( C-O-2.5 Max. Permitted Resid. Height) feet feet feet 2 stories 12 stories plus mezzanine (with step down to 8) 4 stories Within building 125 feet 12 stories 16 stories (12 per Sector Plan) Parking Total parking spaces 237 Office (funeral home) 76 3 (67 direct access) Retail Provided in G1 level 4 Residential (153 direct access) Cultural Facility Min. 25 on G1 level 5 (Min. by-right total requirement) 316 (Min. by-right requirement for funeral home) 120 by-right 6 (Min. by-right requirement for retail) 4 (Min. by-right requirement for residential) 160 (Min. by-right requirement for cultural facility) 25 by-right for 75 seats Parking Ratio Office (funeral home) 1 sp./65 s.f. chapel or parlor area 3 Includes nine standard size tandem spaces. 4 Subject to first use by the funeral home, estimated at approximately 35 times per year. 5 Includes eight standard size tandem spaces. 6 The funeral home is currently subject to use permit approval that includes a requirement for 17 parking spaces.

5 Rezoning #Z SP # Retail Shared with other uses Residential 1.18 spaces/unit 7 (By-right funeral home parking ratio) (By-right retail parking ratio) (By-right residential parking ratio) direct access spaces/unit 1 sp./50 s.f. chapel or parlor area 1 sp./580 s.f spaces/unit overall spaces/unit for multifamily 2.2 spaces/stacked TH Compact Ratio Office (funeral home) 13.4% of direct access spaces; 11.8% of all spaces Residential 15.03% of direct access spaces; 14.3% of all spaces (Maximum by-right compact ratio) 15% Coverage 62% LEED Score 22 total potential 15 committed Density and Uses: The applicant proposes to construct a highrise residential building, currently anticipated to be condominium, incorporating a cultural facility, to house a black box theater and associated spaces, along with three stacked townhouses with six units on the approximately rectangular subject site. The project would have a total of 136 units. The existing funeral home, located on the southeast corner of the block, would remain. The L shaped highrise building would stretch north and east from a small plaza at the southwest corner of the site, at the intersection of Fairfax Drive and North Quincy Street. The cultural facility would be located within the Fairfax Drive frontage of the building, on the ground floor. Adjacent to the theater to the west would be a retail/gallery space of 1,863 square feet. A public plaza would be provided in the central portion of the site along 10 th Street North, across from the Arlington Central Library. Site and Design: The proposed residential building would be 12 stories, stepping down to eight stories at the eastern and northern ends of the building. The main residential and retail entrances would be located off of the corner plaza at the intersection of Fairfax Drive and North Quincy Street. A gallery-arcade space would connect the corner plaza to the larger public plaza at the center of the site. The diagonal axis created by this connection would terminate at the plaza. The facades would be two colors of brick with metal balcony railings. Three 7 Includes tandem spaces.

6 Rezoning #Z SP # stacked townhouses with six units would be located at the corner of 10 th Street North and North Pollard Street. 161 parking spaces for the residential tenants and visitors would be provided in the lower two levels of a three-level underground garage, below one level of commercial, theater, and public parking. The entrance to the residential portion of the garage would be from 10 th Street North, as would the loading entrance to the residential building. These two levels of parking would include 23 compact spaces and 130 standard size, direct access spaces. An additional eight standard size tandem spaces would be provided. The parking ratio, excluding the tandem spaces, which may not count toward required parking, would not meet the byright standard requirement of 1 1/8 spaces per unit for multifamily and 2.2 spaces per stacked townhouse unit. The compact ratio would be 15.03% among direct access spaces, approximately at the level of 15% permitted by-right in the Zoning Ordinance (but very slightly exceeding the permitted ratio). The existing surface parking for the funeral home would be moved into the first underground parking level which would include 76 spaces, including nine tandem and nine compact spaces. The entrance for the funeral home parking would be from North Pollard Street in the first floor of the cultural facility. Compact parking for the funeral home would be 13.4% of direct access spaces and 11.9% of all the spaces, within the 15% permitted by the Zoning Ordinance. The applicant would build the cultural facility to attempt to justify its request for additional density of 25.05% for the residential density and 2.75 FAR for the funeral home and retail density. The theater would consist of first floor space facing Fairfax Drive for ticket sales and a lobby, behind which would be a black box of 2,575 square feet. The applicant would build out the theater and make it available for public use. The applicant has met with Cultural Affairs staff to ensure that the theater design would be appropriate for the intended small theater groups that would use it. The applicant has met with representatives of George Mason University (GMU) and reports that GMU is interested, in concept, in running a black box theater. Staff recommends a public process to determine the future operators and occupants of the theater if the project is approved. LEED Scorecard: The applicant has committed to earning 15 LEED points and would endeavor to reach up to 22 points. Affordable Housing: The applicant has agreed to make the standard contribution to the Housing Reserve Fund based on the maximum density for site plans in the proposed C-O-2.5 zoning district. This amount is $113,000. The applicant has proposed to provide the black box theater as a major community amenity to justify the requested additional density.

7 Rezoning #Z SP # Transportation: The Master Transportation Plan classifies 10 th Street North and North Pollard Street as neighborhood minor streets and North Quincy Street and Fairfax Drive as minor arterials. Adjacent to the site, Fairfax Drive provides two lanes in each direction, while North Quincy Street, 10 th Street North, and North Pollard Street all provide one travel lane in each direction. On-street curb lane parking is allowed along both sides of 10 th Street North, along the south side of Fairfax Drive, on the east side of North Pollard Street, and is not allowed on North Quincy Street. Trip Generation: A Traffic Impact Analysis (TIA) was prepared by a transportation consultant for the applicant to assess the impacts of the development on the adjacent street system. Future intersection Levels of Service (LOS) were evaluated for the weekday morning and evening peak hours for several intersections near the site. The subject residential building was estimated to generate approximately 35 a.m. and 43 p.m. peak hour vehicle trips, based on Institute of Transportation Engineers (ITE) Trip Generation Manual (6 th Edition). The TIA found that all intersections would continue to provide an acceptable level of service in the future with the exception of the intersection of Fairfax Drive and North Quincy Street which is forecast to operate at LOS F. The intersection is currently operating at LOS F. Parking: Proposed residential parking and loading entrances are on 10th Street North, along with an additional parking entrance, to access the first level of parking only, for funeral home, theater, retail, and public use on North Pollard Street. All parking levels will be completely below grade. The applicant proposes to provide 237 parking spaces on-site, which would consist of 76 spaces on the first parking level and 161 spaces on the second and third parking levels for residential use. The top level of parking would be available, first, for funeral home use. A minimum of 25 spaces would be allocated to theater use during times of theater performances. The remainder would be available for public use. The applicant estimates that, based on past experience, the funeral home would need to use the entire top level of the garage approximately 35 times per year, precluding its availability for other uses. Streets: Fairfax Drive is currently constructed to a width of approximately 82 feet, to provide a four-lane street divided with a ten-foot wide median, with fivefoot wide on-street bicycle lanes and on-street parking in both directions. The proposed cross section would remain approximately 82 feet wide, with 10-foot wide travel lanes and the extension of the existing median, while maintaining onstreet parking and five-foot bicycle lanes in each direction. North Quincy Street is currently 51 feet in width and is constructed to provide one travel lane in each direction. This roadway is proposed to be narrowed by adding on-street parking in both directions. This includes the construction of

8 Rezoning #Z SP # Transportation Demand Management (TDM) Program: Under this proposal the applicant would implement the TDM strategies that are briefly summarized below and detailed in a letter from Wells and Associates dated November 13, 2003: standard nubs on both sides of the street at the intersection with Fairfax Drive, as well as on the east side of the street at the intersection with 10 th Street North. The current width of 10 th Street North is 36 feet, which provides one travel lane and on-street parking in each direction. The construction of nubs on the south side of the roadway is the only proposed change for 10 th Street North. North Pollard Street is currently 27 feet wide and provides one travel lane in each direction, with on-street parking on the east side of the street. There are no proposed changes to this roadway 1. Transportation Coordinator: Designate a member of the building management team as the Property Transportation Coordinator, to be a primary point of contact with responsibilities for completing and coordinating TDM obligations. In addition, provide an annual contribution to the County s Commuter Assistance Program (CAP) of $1,500 per year for a period of ten (10) years. 2. Transit Information Services: Distribute transit information by providing a new-resident package to include site-specific transit-related information, mention ways to access Metro in promotional materials and advertisements for the property, provide information as part of the recruiting and employment materials regarding commute options and assistance services available, implement a transit advertising program that will distribute information four times per year to tenants, employees and visitors, and provide opportunities to participate in Ozone Action Days or other regionally sponsored clean air and traffic mitigation promotions. 3. Parking Strategies: Implement parking management strategies such as providing a Coordinated Area Parking Plan for both garage and surrounding on-street parking. In addition, provide a Parking Management Plan which includes a description of visitor parking arrangements and management. In addition, un-bundle the cost of a parking space from the purchase price of a condominium unit. 4. Transit Subsidy: Provide or administer a sustainable commute benefit program for employees of the residential Property, (which program shall include, at a minimum, pre-tax employee contributions and/or at the developer s option, tax-free transit or vanpool contributions of at least $40

9 Rezoning #Z SP # Pedestrian Access: The plan would provide a 20-foot wide sidewalk on Fairfax Drive, a 16-foot wide sidewalk along North Quincy Street, a 13-foot wide sidewalk on 10 th Street North, and a 13-foot wide sidewalk along North Pollard Street. However, the streetscape adjacent to the existing funeral home, would be narrower due to the presence of the existing building. If the funeral home building were demolished, the developer would extend the streetscapes adjacent to the new construction to complete the block; which may not happen for many years. Streetscape improvements also include the proposed extension of the median along Fairfax Drive, with the median nose extending beyond the crosswalk, crosswalk nubs along Fairfax Drive, North Quincy Street including the west side, and along 10 th Street North. Crosswalks and subsequent curb ramps for all corners of the site are being installed by the applicant, with the exception of the crosswalks across Fairfax Drive, which are being installed by the Quincy Plaza site plan across the street. per month) for the duration of the project. No subsidy is proposed for residents. 5. Provide an opportunity for a car sharing service, such as Zip Car or FlexCar to have access to no more than one conveniently located parking space located on the 1st level of the parking garage at no cost for two years after issuance of the master certificate of occupancy for the residential building. Thereafter the rate would be at market or at the discretion of the developer. Public Transit: The site is located approximately 1,200 feet east of the Ballston Metrorail Station, part of the Metrorail Orange Line. Metrobus service is also available nearby. Route 38 provides service on Washington Boulevard between Ballston and Farragut Square in the District of Columbia. Route 24 provides service on Wilson Boulevard between the Pentagon and Seven Corners. Route 22 provides service on North Quincy Street between the East Falls Church Metrorail Station and Shirlington. Bicycle Access: An existing on-street bicycle route is located on 10 th Street North adjacent to the site. The trail connects to the Custis Memorial Parkway Trail (I-66) to the north and to Arlington Boulevard and other routes to the south. Existing on-street bicycle lanes are located on Fairfax Drive adjacent to the site. Utilities: Adequate water and sanitary sewer system capacity is available to serve the proposed residential development. To ensure adequate water pressure for fire protection and domestic use, staff recommends that the developer extend the water main off of the existing eight-inch water line in 10 th Street North. For fire hydrant coverage, the existing fire hydrant located on the northwest corner of the intersection of Fairfax Drive and North Pollard Street needs to be connected to an eight-inch water

10 Rezoning #Z SP # line. The applicant should abandon the existing six-inch water line located in North Pollard Street, from Fairfax Drive to 10 th Street North, and replace it with an eight-inch water line, along with all the subsequent appurtenances reconnected to the new line. The applicant has agreed to remove or place underground all existing aerial utilities within and along the periphery of the site. The applicant also would make a contribution of $52,236 ($50,000 x acres) to the Underground Utility Fund. DISCUSSION: Adopted Plans and Policies: General Land Use Plan and Zoning: The County Board approved a General Land Use Plan (GLUP) amendment for the site from High-Medium Residential Mixed- Use to Medium Office-Apartment-Hotel in April The proposed zoning district is consistent with the new GLUP designation. As discussed below, however, staff recommends denial of the site plan. Sector Plan: The subject site is covered by the goals and recommendations in the newly adopted Virginia Square Sector Plan. The Sector Plan makes numerous recommendations for the Virginia Square Metro Station Area in general and for the subject site in particular. Below is a listing of Sector Plan recommendations and whether the proposed project meets them. Overall site/uses: Recommended uses: Commercial or Cultural/Educational/ Recreation Residential use not prohibited by Sector Plan. Site Plan development to address entire site The proposal shows a sketch of possible replacement building for funeral home. Massing/design/architecture: Build-to line Provided. Building height max 12 stories and 125 feet Provided. Base, body, and top Provided. Special roofline/architectural embellishment Provided. Facades varied Provided. Transparent base Provided. No dark glass curtain walls Proposal meets this recommendation. Large windows and multiple entrances Provided. Primary building entrance on plaza/fairfax Dr. Provided. Retail uses on Fairfax Dr., corner locations Provided. High quality materials and finishes-- Brick with metal panel accents.

11 Rezoning #Z SP # All elevations seen from public spaces designed as fronts-- Yes, along street fronts, Not in larger plaza area. Prominent, significant architecture, special entrance into Virginia Sq.-- Attractive design oriented toward corner, but not overall significant architecture. Blank walls should be avoided facing streets and public areas Blank walls adjacent to theater and loading dock, facing the plaza across from Central Library. Blank walls to be treated through façade design, lighting, and/or landscaping. Building height taper to 10 th St. Very little. Facades on upper levels at least 50% transparent No. Open Spaces and Urban Plazas: Create connection from Fairfax Drive to Quincy Park Provided. Seating, lighting, trash, bike racks, landscaping Provided. Pathways for pedestrian circulation Provided. Open space to provide public access Provided. Plaza designed flexibly Fairly flexible design. Urban Plaza Provided, but not in form shown in Sector Plan. Plaza near corner of Fairfax and Quincy Small plaza provided, bulk of plaza area at mid-block along 10 th Street. Plazas to accommodate dining, concerts, theater, public art, uses Larger plaza not directly accessible to theater, not oriented to retail or planned for these uses. Open space to retain visibility of Central Library/Quincy Park Restricted vista to Quincy Park, no view of library. Streetscape Elements/Streets: Openings or breaks in building edge for public uses Provided. Continuous building edge apart from open space Provided. Sidewalk widths-not consistent adjacent to funeral home. Special streetscape elements Not provided. 10 th Street integrated into project design No. Parking/Loading: Parking access: Parking underground Provided. Entrances minimized Not more than two entrances per block face Provided. Street parking Provided Several existing curb cuts being eliminated. Adequate space for loading/unloading Provided. Permitted (recommended) on Pollard One curb cut proposed; Prohibited on Fairfax and Quincy-no curb cuts proposed; no recommendation on 10 th two curb cuts proposed.

12 Rezoning #Z SP # Loading/unloading should avoid major pedestrian routes and screened from Fairfax Dr., Quincy, and 10 th Recommendation met on Fairfax Drive and North Quincy Street, not met on 10 th Street North. Shared parking Use of funeral home parking for theater and public, but would conflict with funeral home needs approx. 35 times during the year for up to several hours; no sharing of residential parking. Meet Zoning Ordinance standards Residential parking does not meet standards, funeral home/retail/theater/public parking is shared and meets all uses except for funeral home, which is currently operating under use permit with permission for 17 spaces, far less than the Zoning Ordinance standard. Community Facility/Public Art: Community facility on site (cultural/performing arts) Provided as black box theater. Public art in gateway site Applicant has discussed a corner feature, but none is shown on plans; no specific contribution proposed. Gateways, Activity Nodes, and Views: Gateway element at Fairfax Drive and Quincy St. The applicant has considered this, but has not committed to a gateway element. None is shown on plans. Site Plan Issues: Site Layout and Building Design: The applicant has developed a project design, with its major architectural features oriented toward the gateway corner of Fairfax Drive and North Quincy Street, which is a western entrance to Virginia Square. While the project s uses, massing, and height are consistent with the proposed zoning district, which in turn is consistent with the site s GLUP designation, several elements of the proposed site plan are not consistent with the Virginia Square Sector Plan recommendations as detailed above. The major areas in which the proposed design varies from the Sector Plan are: The layout of the proposed building and open space. The Sector Plan envisions the open space to occupy a significantly-sized, north-south oriented portion of the site, either adjacent to North Quincy Street or mid-block, with substantial views from Fairfax Drive to Central Library/Quincy Park. The proposed design creates two smaller plazas connected by a passageway through the proposed building. The view toward Quincy Park, of the parking lot rather than Central Library, would be partially obstructed by the building. Tapering toward Central Library. Due to the proposed use as a residential building, the applicant has worked to minimize the portion of the building that is adjacent to the funeral home. Residential buildings widths are also restricted due to the need for windows. The particular combination of uses

13 Rezoning #Z SP # proposed for the site, further restricted by the Sector Plan s 125 foot height limit on this block, results in the massing of the building toward the west of the site. This results in a minimal taper down toward the library. Blank walls at the lower levels of the proposed tower surrounding the larger plaza adjacent to 10 th Street North. Parking and loading walls, and the rear wall of the proposed theater, turn blank faces toward the rear plaza. The location of parking and loading entrances. Due to the proposed retention of the funeral home, North Pollard Street cannot support all proposed driveway entrances to the building, and 10 th Street is proposed to accommodate a parking and a loading entrance. Two driveway entrances are proposed in order to minimize conflict between funeral home and residential circulation within the garage. While parking and loading entrances are not specifically prohibited for this block in the Sector Plan, the entrances on 10 th Street North have not been treated to minimize their impact, as recommended in the Sector Plan. Lack of incorporation of the adjacent block of 10 th Street North into the project design. The design of 10 th Street North has not been addressed in the proposed site plan, as recommended in the Sector Plan. The proposed retention of the funeral home, which was neither anticipated nor encouraged in the Sector Plan, has contributed to several of these inconsistencies with the site plan proposal. In addition, the continued existence of the funeral home, coupled with the proposed use of site plan density from the land occupied by the funeral home, constrains future development on the funeral home s site. The existing funeral home building could only be replaced with a small commercial building on the corner of Fairfax Drive and North Pollard Street when the funeral home use ends. Similarly, the existence of the funeral home has driven the design of the stacked townhouses proposed for the corner of North Pollard Street and 10 th Street North. This space is not large or prominent enough for other potential uses that the applicant should consider. The applicant s contention that the project s residents would not want to overlook the funeral home has also constrained the layout of the larger building, which in turn has resulted in an open space layout that does not conform to the options proposed in the Sector Plan (one continuous space, with north-south orientation, at the western edge or the center of the site.) Since the Sector Plan recommendations were recently developed with substantial community and staff thought and effort, any departure from the recommendations would need to be mitigated by a truly superior project proposal. The proposed building does not provide design or quality that would justify the proposed departures from the Sector Plan.

14 Rezoning #Z SP # Ground Level Design: The project is designed to provide a street wall, as well as varied and attractive facades at ground level. The proposed Fairfax Drive façade stretches from North Quincy Street to the existing funeral home. The proposed black box theater is located along much of the Fairfax Drive façade and would include storefront windows along Fairfax Drive through which the theater s lobby and box office would be visible. The remainder of this elevation would have retail space closer to North Quincy Street. These uses meet the intent of having publicly-oriented uses along Fairfax Drive. The North Quincy Street façade would include the residential lobby and duplex residential units with ground floor entrances. These uses also would enliven the street. Staff recommended that the applicant provide additional design detailing along the front of the theater to add visual interest when the theater would be dark, during most daytime hours. The addition of minimal architectural detailing, mostly through the addition of light sconces, does not sufficiently improve the design. The corner of Fairfax Drive and North Quincy Street would be enhanced with open space and the entrance to an arcade, a passageway through a building arch, connecting this open space to a larger plaza located in the center of the block. The corner open space would mirror open space planned for the southeast corner of this intersection, which would produce a very prominent gateway entrance to Virginia Square. While this larger space would be landscaped and would be publicly accessible, the overall open space arrangement does not meet the Sector Plan recommendation. In addition, the larger open space along 10 th Street North would be largely surrounded by blank walls at the pedestrian level, with a loading dock wall to the west, the solid rear theater wall to the south, and the rear of the entrance to the funeral home parking as a partial eastern boundary. While the applicant has proposed to mitigate this situation by means of landscaping, the plaza s attractiveness as a public place could be compromised. In addition, the Sector Plan specifically recommends against blank walls facing the plaza. Parking: The applicant proposes to provide 161 parking spaces for residential use, which includes eight tandem spaces and 153 direct access spaces. The Zoning Ordinance requires 160 spaces by-right, which must all be direct access. While the Zoning Ordinance permits the County Board to approve a parking ratio for apartments of 1 space per unit (the stacked townhouses are required to have 2.2 spaces per unit), staff has recommended that the Zoning Ordinance standard be maintained in most cases. Particularly since the proposed residential units are large, the applicant has not justified a reduction in parking below the byright standard, and staff does not support the proposed level of residential parking.

15 Rezoning #Z SP # Modification of Use Regulations: The applicant has requested modifications of use regulations for 1) additional density, 2) exclusion of the black box theater GFA from density calculations, and 3) exclusion of basement storage in the funeral home from density calculations. 1) Additional Density: The applicant has requested.25 FAR of additional density on the funeral home and retail space and approximately 25% additional residential density for provision of the black box theater as a community facility. Section 36.H.5.d of the Zoning Ordinance provides additional density not to exceed.25 floor area ratio (F.A.R.) in an office structure, or ten [10] percent in a motel or apartment structure, providing the county board judges that a contribution to required community facilities has been provided. The Sector Plan recommended a cultural/performing arts facility for this site. Staff and the applicant have worked to design a black box theater that would provide needed space for small theater groups within the County and supports the proposed black box theater as meeting the intent of this recommendation. However, the applicant has requested additional density far in excess of what the Zoning Ordinance anticipated for a community facility. Additional residential density is also permitted, up to 25%, for provision of affordable housing. The applicant has not proposed to provide affordable housing to justify additional density. Staff has outstanding questions regarding the balance between the value of the additional density requested and the value to the County of the proposed theater. Since Zoning Ordinance provisions for additional density have not been met, staff does not support this request for modification of use regulations. 2) Exclusion of black box theater GFA from density calculations: This space would be provided to meet the Sector Plan recommendation for a cultural facility at this location. This space is proposed for community use and not as an amenity for the project itself. Therefore, staff would support exclusion of the black box theater from density calculations. 3) Exclusion of approximately 1,000 square feet of below ground storage in the funeral home from density calculations: Staff generally supports exclusion of below ground storage since it does not generally contribute to the intensity of use of a site. Consistent with this practice, staff would support this requested exclusion. Community Amenities: The applicant has agreed to provide streetscape all around the block, various street improvements, including a nub across North Quincy Street, undergrounding of utilities, and the standard contribution toward the County s utility undergrounding fund, as described above. The applicant has also agreed to make the standard contribution toward affordable housing and construct and build out the black box theater, as previously described. In

16 Rezoning #Z SP # addition, the applicant has agreed to make the plazas and passageway under the proposed building publicly accessible. The applicant proposes to fold the $75,000 amount of a public art contribution into the costs of the black box theater, a concept not opposed by staff. However, the overall theater proposal may not be supportable due to continuing questions regarding the cost of the theater related to the value of the requested additional density, including the loss of a designated public art contribution. On earlier renderings of the project, the applicant showed a water feature at the corner of Fairfax Drive and North Quincy Street, and this feature was discussed during public review of the project. The water feature would be consistent with Sector Plan recommendations and would reflect a water feature approved across Fairfax Drive as part of the Quincy Plaza site plan. However, current plans do not show a water feature or any other public art at this corner, which is inconsistent with the Sector Plan. Staff does not support the lack of a significant corner feature at this location. Community Process: The applicant has met multiple times with the Ballston-Virginia Square Civic Association and has had four Site Plan Review Committee meetings. The Ballston-Virginia Square Civic Association voted unanimously at its September 30, 2003 meeting to support the rezoning and site plan proposals. The Civic Association raised the following issues related to the site plan: 1) insufficient residential and visitor parking, 2) no provision for affordable housing on-site, understanding that the theater is proposed as a benefit to justify additional density. The Virginia Square Sector Plan recommends on-site affordable housing generally, 3) concern regarding the request for 25% additional density, and 4) lack of full block consolidation. On November 6, 2003, the Board of Directors of the Ballston-Virginia Square Partnership voted six to one, with two abstentions, to support the rezoning and site plan proposals, despite the developer s inability to address all the Virginia Square Sector Plan requirements. Transportation Commission Recommendation: The Transportation Commission met on November 15, 2003 to hear the subject rezoning and site plan proposals. The Commission voted unanimously to approve the project. The Commission recognized that full block consolidation was desirable, because if this was achieved then the loading dock and garage entrances could be located on Pollard Street. If full block consolidation is determined by the County Board to be impossible, then the Commission recommended approval of the site plan with the following conditions: 1. Provide a subsidy to the users of the car-sharing service (i.e. Flexcar), and do not subsidize the car-sharing company.

17 Rezoning #Z SP # The Applicant agreed to provide one space for car sharing use, which is consistent with recent staff recommendations. 2. Unbundle the parking costs from the unit costs for the residents. The Applicant agreed to unbundle the parking costs. 3. Make available the top level of the garage for paid public parking when not in use by the funeral home. Housing Commission Recommendation: On October 16, 2003, the Housing Commission reviewed the proposed project. The members present, who did not constitute a quorum, voted unanimously for the following motion: The members present believe that affordable housing should be the number one priority in residential development projects and that there should be an affordable housing component in addition to or in lieu of the community theater in the Alexan Virginia Square project. The applicant has agreed to provide shared public parking in the top level of the garage. The decision of whether to charge for parking is up to the applicant. 4. Ensure that the following TDM element is implemented: Promote a sustainable fare incentive program for the building residents by providing the following: Upon first occupancy of the building, provide a transit benefit incentive of at least $65 per month for each resident who chooses to participate for a six (6) month period to encourage formation of transit-oriented community habits. The Applicant did not agree to this. 5. The Commission recognizes that the Virginia Square Sector Plan recommends locating the loading dock and parking garage entrances on Pollard Street, assuming that the block would be fully consolidated when it is redeveloped. The fact that the block has not been fully consolidated leads to the necessity of locating the loading dock and garage entrances on 10 th Street North. The Sector Plan does not specify on this particular block whether entrances should be located on 10 th Street North, but it does recommend screening of loading and parking entrances from 10 th Street North. If the block is consolidated, the Commission feels the loading dock and garage entrances should be on Pollard Street. If the block cannot be consolidated, however, then the loading dock and garage entrances are acceptable on 10 th Street. The current owner of the funeral home plans to retain the business in its existing building. Any redevelopment on the subject block at this time will be subject to retention of the existing building. CONCLUSION: The applicant has worked to design a residential building on the subject site that meets some of the goals and recommendations of the recently adopted Virginia Square Sector Plan; however, a number of project features are inconsistent

18 Rezoning #Z SP # with the Sector Plan, including open space that is not consistent with the layouts and other goals recommended in the Sector Plan, insufficient transition from the proposed building to Central Library, insufficient attention to 10 th Street North, lack of special streetscape features, retention of the existing funeral home building on the site, and other items discussed above. In addition, the proposal does not justify the applicant s request for 25% additional residential density. Several other aspects of the proposed site plan do not conform to the Sector Plan. Overall, the proposed site plan conditions and design do not sufficiently ameliorate the effects of the additional density that would be approved as part of the project, and the site plan would not promote and protect the public health, safety, and welfare. Staff therefore recommends that the County Board deny the proposed site plan request.

19 Rezoning #Z SP # PREVIOUS COUNTY BOARD ACTIONS: July 9, 1983 September 8, 1984 September 12, 1987 May 7, 1994 April 26, 2003 November 15, 2003 Approved use permit (U ) for a cremation unit within a funeral home with a review in one year. Continued use permit for a cremation unit within a funeral home with a review in three years. Continued use permit for a cremation unit within a funeral home with no further review. Approved use permit amendment for construction of a two-story garage and storage building, subject to all previous conditions, new conditions, and review in one year following issuance of a Certificate of Occupancy. Approved General Land Use Plan amendment from High-Medium Residential Mixed-Use to Medium Office-Apartment-Hotel. Deferred rezoning to C-O-2.5 and site plan for approximately 140 dwelling units, community facility, public plaza, and retention of existing commercial use.