ARLINGTON COUNTY, VIRGINIA

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1 ARLINGTON COUNTY, VIRGINIA County Board Agenda Item Meeting of April 16, 2005 DATE: April 13, 2005 SUBJECT: A. SP #76 SITE PLAN AMENDMENT to reduce units in existing hotel from 238 to approximately 187, modification of use regulations for coverage; premises known as 1200 N. Courthouse Rd. (RPC # ) Applicant: First Choice Properties Corp. By: Jonathan Kinney Bean, Kinney & Korman th Street N. Suite 100 Arlington, VA B. SP #75 SITE PLAN AMENDMENT to demolish existing structures and construct approximately 257 dwelling units, add additional parcels; premises known as 1190 N. Courthouse Rd. (RPC # , 075, ) C.M. RECOMMENDATION: A. Approve the site plan amendment request for SP #76 to reduce the number of hotel units to 187, with modification of use regulations for coverage, subject to the new conditions in the staff report. B. Approve the site plan amendment request for SP #75 for 252 units, subject to the new conditions in the staff report. ISSUES: None. SUMMARY: The applicant has proposed to amend an existing older site plan at the intersection of Arlington Boulevard and North Courthouse Road to demolish approximately 40% County Manager: County Attorney: Staff: Lisa Maher, Planning Division, DCPHD Betts Abel, Housing Division, DCPHD Tara Lake, Transportation Division, DES PLA-3960

2 of the existing hotel units on its property, which represents one of two adjacent site plans and to construct 252 new highrise, townhouse, and stacked residential units. The proposal would take advantage of a sloping site to place the greatest building bulk at the low end of the property, which is most distant from existing adjacent development, in order to minimize the visual impacts of the project from those locations. The project would be a major gateway presence at this entrance to the Courthouse Metro Station Area. The applicant has also agreed to give a nearly ½ acre parcel of land to the County in exchange for the vacation of an easement and a small unused portion of right of way adjacent to the site. The easement vacation, in particular, would enable the applicant to design the building closer to the planned Arlington Boulevard ramp from North Courthouse Road instead of providing a large, suburban-style open space between the building and the street. The County can use the triangular parcel in order to straighten North Fairfax Drive adjacent to the site, which would improve access to and from Arlington Boulevard to the site and to other nearby properties, including Woodbury Park. The applicant has also agreed to provide public access through the site, improve a dirt shortcut to North Wayne Street, and provide the equivalent of 5.5 percent of the proposed new residential units for affordable housing. For these and other reasons discussed below, staff recommends approval of the site plans amendments subject to the conditions in the staff report. BACKGROUND: In 1969, the County Board approved Site Plan #75 consisting of a previously existing motel with an addition, on a site of 244,911 s.f.. In 1977, the County Board approved a site plan amendment to remove the existing highrise building and 100,000 s.f. of site area (the northern portion of the site) from Site Plan #75 and to create a new site plan, #76 with the removed portion of the site and improvements. As part of these actions, 21,200 s.f. of the remaining site area in SP #75 was encumbered by the building in the new SP #76, because the 100,000 s.f of site area was not adequate to support the highrise building s density. At that time, SP #75 consisted of two low- to mid-rise buildings with 174 hotel units, and SP #76 included 202 units in the highrise building. After the 1977 actions, the entire site was zoned RA-H. A 1986 site plan amendment to SP #75 for a small addition was never implemented, although at that time, 10, s.f were added to the site area for a total of 115, s.f.. The most recent site plan amendment, in 1996, increased the approved hotel room count over both site plans to 391 and the approved parking count to 314 spaces, with a ratio of 0.8 parking spaces per room. The following provides additional information about the site and location: Site: The site is located on the north side of the intersection of North Courthouse Road and Fairfax Drive, with an additional triangular parcel across Fairfax Drive to the south. The following uses surround the site: To the north: To the west: To the east: The existing Quality Hotel and the Courtland Towers highrise apartment building. The approved Woodbury Park site plan (two nine-story residential buildings) Wakefield Manor garden apartments across North Courthouse Road Site Plan Amendments SP #76 and SP #75-2 -

3 To the south: Arlington Boulevard and the approved Woodbury Park site plan (two nine-story residential buildings) The following table sets forth the development potential for the site: Existing/Proposed Zoning RA-H SP#76 ( s.f., acres) SP #75 (155, s.f., acres, based on earlier survey) (151,681 s.f. existing plus 2,038 s.f. from Veitch St. ROW, yields 153,719 s.f., acres based on current survey) 1 RA8-18 (19,521 s.f., acres) Existing Conditions: Density Allowed Existing site plan: 237 rooms, includes 21,200 s.f. site area encumbered in SP #75 Existing site plan: 154 rooms plus 21,200 s.f. site area encumbering a portion of SP #76 s density By right: 16 units (36.3 units/acre) Proposal: Maximum Development By right: 56 residential units (24.2 units/acre) with no encumbrance By site plan: 187 residential or hotel units (72.6 units/acre) including 12,200 s.f. encumbered land from SP #75 By right: 85 units (24.2 units/acre) with no encumbrance By site plan: 236 res. units (72.6 units/acre) reduced for 12,200 s.f. site area encumbered by SP #76 By site plan: 9 units TH (22 u/a), or 16 units apt. (36.3 u/a) with certain site size and affordable housing requirements Site Plan Proposal The following table sets forth the current statistical information for the proposed development. Approved Proposed Site Area (SP #75 and SP #76) 255, s.f. (5.857 acres) 273,240 s.f. (6.273 acres) RA-H SP #75: 155, s.f. with 21,200 s.f. encumbered SP #75: 153,719 s.f. (3.529 acres) with 12,200 s.f. encumbered 1 The previous site plan approvals showed a site area of 155,114 s.f.. The current certified survey shows a site area of 151,681 s.f.. This reduction of 3,433 s.f. appears to be an artifact of the different surveys and not a physical reduction of the site. Site Plan Amendments SP #76 and SP #75-3 -

4 RA8-18 SP #76: 100,000 s.f. plus encumbrance of 21,200 s.f. SP #76: 100,000 s.f. (2.296 acres) plus encumbrance of 12,200 s.f. 19,521 s.f., acres General Land Use Plan Medium Residential Medium Residential Density Total units SP # hotel rooms 187 hotel rooms SP # hotel rooms 252 units 2 Low/Midrise hotel buildings 154 units 0 units RA-H Highrise residential 0 units 213 units Stacked townhouses 0 units 8 units Townhouse style residential 0 units 31 units Total units permitted units/rooms RA-H SP #76 SP # rooms 154 rooms 423 units/rooms 187 rooms 236 units RA TH or 16 apts. Units per acre proposed 69.5 u/a RA-H SP # u/a SP # u/a (6.8% add l density) RA Max. units per acre permitted RA-H RA8-18 Height Average site elevation Parcel 1 main site Parcel 2 triangular parcel Main roof elevation Building 1 highrise Building 2 stacked TH units adjacent to hotel Building 3 TH units along 72.6 u/a 36.3 u/a ft. ASL ft. ASL ft. ASL ft. ASL ft. ASL 2 Includes 6.8% additional density for dedication of the triangle parcel as a provision of community facilities. Site Plan Amendments SP #76 and SP #75-4 -

5 northern edge of property Building 4 TH units adjacent to highrise Building 5 TH units on triangular parcel Height in feet/stories to main roof Building 1 highrise Building 2 stacked TH units adjacent to hotel Building 3 TH units along northern edge of property Building 4 TH units adjacent to highrise Building 5 TH units on triangular parcel (Maximum height permitted in RA-H ) (Maximum height permitted in RA8-18 ) ft. ASL ft. ASL 79.7 ft./11 stories ft./4 stories ft./4 stories ft./4 stories ft./4 stories 12 stories or 125 feet 8 stories or 75 feet Parking Total parking spaces 314 spaces in SP #75 and SP # SP #76 hotel 150 SP #75 residential 391 Highrise (apartments) and 319 stacked units TH style units 61 Surface 11 (Min. by-right total residential requirement) (Min. by-right apartment requirement) (Min. by-right townhouse requirement) Parking Ratio Hotel spaces/room Highrise (apartments) 1.44 spaces/unit TH style units 1.97 spaces/unit 3 3 The applicant proposes to assign one surface space to a townhouse unit, and use the remaining 10 surface spaces for visitor parking, which exceeds the 2.2 spaces per unit standard requirement. Site Plan Amendments SP #76 and SP #75-5 -

6 (Approved hotel parking ratio) (By-right apartment parking ratio) (By-right townhouse parking ratio) 0.8 spaces/room sp./unit sp./unit Compact Ratio 0 (Maximum by-right compact 15% ratio) Coverage Overall RA-H (SP #75 and 48.1% SP #76) SP #75 RA-H 36.5% SP #76 RA-H 66.3% RA (Maximum permitted coverage 50% in RA-H ) (Maximum permitted coverage 56% in RA8-18 ) LEED Score 24 Density and Uses: Site and Design: The subject site is currently zoned RA-H for the existing site area, with an additional triangular parcel across Fairfax Drive to the south, which is zoned RA8-18. The site s General Land Use Plan designation is Medium Residential. The current site plan amendment proposal would maintain the existing GLUP and zoning for the site. The new site plan amendment proposal, which affects both Site Plans #75 and #76, would include removal of the two smaller existing hotel buildings. The applicant proposes to construct a total of 252 new residential units. Of these, 213 would be provided in an 11-story building located at the southernmost portion of the existing site, at the intersection of North Courthouse Road and Fairfax Drive. An additional 31 four-story townhouse-style condominium units and eight stacked townhouse condominium units would be located on the remainder of the site, along Fairfax Drive to the west of the proposed highrise, and along the northern edge of the site, adjacent to Courtland Towers and the Colin Place townhouses. Additionally, the applicant has acquired a triangle of land to the south of the existing site plan, on the south side of Fairfax Drive. This 19,521 s.f. parcel (0.448 acres) is zoned RA8-18 and is currently paved and used 4 1 1/8 spaces per unit for the first 200 units and 1 space per unit above 200 units. Site Plan Amendments SP #76 and SP #75-6 -

7 for parking. The by right development potential of the triangular parcel would be 16 units under RA8-18. The applicant proposes to dedicate the triangular parcel to the County. In exchange, the County would approve additional density of 6.8% on the RA-H portion of the site, or 16 units, equivalent to what could be built by right, therefore preserving the by right development potential on the triangle. The applicant also proposes a property vacation of a small, landlocked piece of North Veitch Street, as well as an easement vacation at the southern end of the site that are described below, and are the subject of a separate report. The proposed highrise building would be constructed with facades of precast, concrete masonry units, and brick. Windows would be separated by a combination of masonry and metal spandrels, and the building would also have glass curtainwall elements. The building would be generally 11 stories, but would rise to 12 stories facing Fairfax Drive due to the elevation change on the site. The building would taper down toward the west to approximately seven stories. The townhouse-style units would be mostly brick, with a lower level of a lighter color masonry. Elevations of some units, due to the grades, would not have this full lower level. A driveway (mews) would stretch across the property from North Courthouse Road on the east to Fairfax Drive on the west. Garage entrances for all buildings north of Fairfax Drive would be located off this driveway, which would also have eleven surface parking spaces. Vehicular access for the eleven units on the triangular parcel south of Fairfax Drive would be off Fairfax Drive. This arrangement would give all townhouse-style units facing public streets rear loaded parking. There is no rezoning request related to this site plan amendment. However, the applicant requests vacation of the majority of a 100 foot wide easement at the southern portion of the existing site plan. The applicant has worked with County staff, VDOT, and two utilities in order to eliminate conflicts between proposed improvements to the Courthouse Road intersection with Arlington Boulevard and the proposed site plan amendment and eliminate the need for the portion of the easement that overlaps the proposed highrise building. In early meetings between the applicants and staff, it was suggested that designing the southern end of the project closer to the street than would be possible with the easement in place would result in a more urban edge to the highrise condominium building. In addition, a small, unused L -shaped piece of the North Veitch Street right of way lies adjacent to the northern portion of the applicant s property, and the applicant has requested that it be vacated and added to the subject site. While tax maps show it to be part of the applicant s property, it seems never to have been vacated. While this small parcel is not required for the proposed site plan, the incorporation of this area into the site would enable the applicant to provide slightly better garage access to some of the townhouse-style units. Separately, the applicant proposes to make changes to the existing highrise hotel (SP #76) that would reduce the number of rooms from 237 existing units to 187 units. Since a portion of the site area of SP #75 is encumbered for approved density in SP #76, the reduction of hotel rooms in SP #76 is proposed to be used to reduce the encumbrance on SP #75 from 21,200 square feet Site Plan Amendments SP #76 and SP #75-7 -

8 to 12,200 square feet and make additional site area available for density in SP #75. LEED Scorecard: The applicant commits to achieving 24 LEED points in the proposed project, increased from 22 points previously proposed, on request of the Planning Commission. Condition #67 addresses the applicant s LEED scorecard and implementation of green building measures in the proposed project. Transportation: The Master Transportation Plan classifies North Courthouse Road as a principal arterial, Arlington Boulevard as a controlled access facility, and Fairfax Drive as a neighborhood-minor street. Trip Generation: A Traffic Impact Analysis (TIA) submitted by the applicant, prepared by Wells & Associates, dated January 14, 2005, assessed the impacts of the development on the adjacent street system. The proposed 252 unit development is estimated to generate 116 AM and 124 PM peak hour vehicle trips upon project completion. The site would generate 7 more AM peak hour trips and 27 fewer PM peak hour vehicle trips relative to the existing hotel use. Streets: The Virginia Department of Transportation (VDOT) is currently designing improvements to Arlington Boulevard in the area of this site plan. Those plans are not yet final, and could change. Currently, however, VDOT s plans consist of re-aligning the ramps to Arlington Boulevard, realigning and reconstructing the overpass to approximately 30 feet to the east, adding a collector-distributor (C-D) road, and other improvements. A traffic signal is planned at the Arlington Boulevard C-D road intersection with Fairfax Drive and the entrance ramp. VDOT s current time-line is to begin construction around the spring of The applicant and staff have been working with VDOT to coordinate this site plan with the Arlington Boulevard project. The proposed sidewalk adjacent to the entrance ramp for west-bound Arlington Boulevard will be 13 feet wide including a five-foot wide planting strip next to the proposed curb, with street trees and Carlyle lights. The proposed Arlington Boulevard Trail adjacent to the entrance ramp will be 15 feet wide including a five-foot wide planting strip next to the proposed curb, with street trees and Carlyle lights. These improvements will be made with the construction of this site plan. Improvements to the streetscape along North Courthouse Road, adjacent to the remaining hotel parking lot are intended to be made by VDOT with the interchange improvement. VDOT s current proposal is a 10-foot wide sidewalk, including a five-foot wide planting strip with street trees. The applicant has agreed to grant VDOT an easement allowing for a 13-foot wide sidewalk, which staff feels is a more appropriate streetscape width for this location and proposed density. Fairfax Drive currently measures 30 feet in width with on-street parking on both sides and one travel lane at 14 feet wide. It is proposed to retain its current width. It is one-way westbound until the eastern border of the park where it becomes two way. It is proposed to be realigned so that it intersects with the proposed Arlington Boulevard C-D Road at close to ninety degrees and Site Plan Amendments SP #76 and SP #75-8 -

9 be opened to two way traffic along the entire block, with on-street parking on one side and two travel lanes, feet in width. It will be right in/right out at the intersection with the C-D road. The sidewalk along Fairfax Drive adjacent to the proposed town houses is proposed to be 10 feet wide including a four-foot wide planting strip next to the curb, with street trees and Carlyle lights. The sidewalk along Fairfax Drive adjacent to the proposed high-rise is proposed to be 10-feet wide including a four-foot wide planting strip. The portion of the streetscape that is not part of the realignment will be built along with the construction of the site plan. The streetscape along the portion that will be realigned is proposed to be built by VDOT, with construction anticipated to start in spring Existing sidewalks will remain until the VDOT construction, with transitions as necessary. There will be an additional six-foot wide sidewalk adjacent to the high-rise proposed with this development. The internal road, which is proposed to be a private road with a public access easement, is proposed to be a width of 24 feet, including two 10 foot wide lanes plus curb and gutter. Onstreet parking is notched in some locations. The proposed handicap (HC) ramps will meet the current ADA standards, the existing ramps will be reconstructed to current ADA standards, and the HC ramps at the receiving ends of crosswalks at this site will be brought up to current ADA standards. Transportation Demand Management (TDM) Program: Consistent with site plan development and the County s adopted TDM Policy, staff recommends that the developer implement a TDM Plan to encourage reduced single occupancy vehicle (SOV) trips to and from the site of Site Plan #75. Staff recommends, and the applicant agrees, that the applicant implement the TDM strategies that are briefly summarized below and referenced in Condition #48 of the site plan conditions: Provide off-site contribution for bus stop improvement. Provide in the residential lobby a Transportation Kiosk. Maintain on-site business center for residents who wish to telecommute. Distribute transit information, including a new resident package to include site-specific transit-related information. Provide a parking management plan including a schematic drawing depicting an area parking plan for all block faces abutting the site. Provide free SmarTrip cards for all new residents and employees. Designate a member of the building management team as Property Transportation Coordinator with responsibilities for completing and coordinating TDM Plan obligations. Provide transit incentive program for building tenant employers. Conduct a transportation monitoring study of the site. Public Transit: The subject site is located approximately 1,500 feet from the Courthouse Metro Station. This station is located on the Orange Line. Public bus transportation is available near the site and along Arlington Boulevard adjacent to the site. Metro Bus Route 4B and 4E Site Plan Amendments SP #76 and SP #75-9 -

10 Pershing Drive Arlington Boulevard lines operate on Barton Street. This line goes to the Rosslyn Metrorail Station and to the Seven Corners Center in Fairfax. Bicycle Access: The Arlington Boulevard Trail (varies between an off-street bicycle trail and an on-street bicycle route) runs alongside the site frontage and connects to the W&OD Trail to the west and connects to other bicycle routes including Route 110 and the Mount Vernon Trails and bridge connections to the District of Columbia. Utilities: Construction of a new 8-inch water main from the 8-inch water main in Fairfax Drive, as proposed on the Woodbury Park site plan, through the site within the internal street to a termination at a proposed 8" x 8" tee in North Courthouse Road is needed to facilitate the new development. The developer agrees to design an 8-inch water main from the proposed tee in North Courthouse Road to the existing 12-inch water main in 13th Street North, which when constructed at a later date by others will augment the integrity of the water main system for this development. The developer agrees to coordinate with the proposed VDOT plans for the Arlington Boulevard, 10 th Street and Courthouse Road Interchange Improvement to ensure the design can be constructed without modification as a result of the construction of the VDOT project. The construction of an 8-inch water main connection from the aforementioned 8-inch water main in the site's internal street to the existing water main shown on the Courtland Towers site plan is needed to facilitate this development. The developer also agrees to restrain the existing joints or remove and replace the existing 12-inch water main from the point of connection up to the existing water meter for the site and up to 13th Street North. The developer agrees to the removal of the existing water meter and vault serving the site upon site demolition. The proposed highrise building would be located above a portion of the existing 20-inch sanitary sewer main located along the southern portion of the site. In order for the proposed development to be built, this portion of the 20-inch sanitary sewer must be abandoned and a new 15-inch or 20-inch sanitary sewer must be installed starting at or near Fairfax Drive and tying into the existing 20-inch sanitary sewer at or near North Courthouse Road. Consistent with site plan development and the Utility Undergrounding Plan, the developer agreed to contribute to the Utility Underground Fund in the amount of $166,383 ($50,000 x acres). The developer will be required to comply with the new Chesapeake Bay Preservation Ordinance and the Plan of Development requirements, including a Resource Protection Area Delineation (site is not located in an RPA), a Landscape Conservation Plan, a Storm Water Management Plan, and an Erosion and Sediment Control Plan. DISCUSSION: Zoning and General Land Use Plan: The proposed project is consistent with the existing zoning on the subject site, RA-H on the existing property and RA8-18 on the triangular parcel across N. Fairfax Drive, and the applicants are not requesting rezoning of any parcels. The proposed project s existing site, and the existing zoning, are compatible with the site s existing Medium Residential (37-72 units per acre) General Land Use Plan (GLUP) Site Plan Amendments SP #76 and SP #

11 designation. Adopted Plans and Policies: Neither the original Courthouse Sector Plan nor the Courthouse Sector Plan Addendum address this site in a substantive way. On illustrative maps, the existing development was shown as is, since it was not anticipated at the times during which the plans were being developed that the subject site would redevelop. Issues: Change in Use: During its history, the uses of the buildings have been some combination of hotel and/or residential, and both are permitted in the RA-H zoning district. Staff has reviewed estimates of revenue to the County for the existing hotel development and for the proposed new development including the portion of the existing hotel that will remain, and has found that County revenues will increase. In addition, reducing the hotel units as proposed would actually increase the average daily rate of Arlington's hotel stock because the hotel units being removed are less successful than the average for Arlington hotels as a whole. In addition, the County is working toward the construction of the hotel portion of the Courthouse Plaza site plan. That project would provide more variety in hotel types in the Courthouse area and would be closer to the Courthouse Metro station than the hotel proposed for elimination on the subject site. Removal of the existing hotel buildings could improve the market for the Courthouse Plaza hotel. Since the proposed use is permitted in the existing GLUP and zoning for the site and is compatible with surrounding uses, staff supports the proposed change in use. Site Area Reduction: Previous site plan and amendment approvals for this site were based on an originally surveyed site area, which, with additions over time, totaled 155, square feet for Site Plan #75. The applicant relied on this site area in calculating the proposed density to be developed. The certified survey performed for this site plan amendment request showed a site area of 151,681 square feet, which is 3,433 square feet less than anticipated, since the site did not physically change. This discrepancy appears to be an artifact of two different surveys performed in different ways. This reduces the originally expected maximum site plan density by five units, although the applicant has maintained the number of parking spaces originally planned for the higher unit count. The public review of this site plan amendment proposal included the five additional units, since the site area discrepancy was not revealed until several months into the project review. The required reduction in units has been accomplished by expanding unit sizes in the proposed highrise building, leaving the exterior envelope of the project unchanged. Urban Design: Adopted plans do not discuss the most desirable urban design for the site, since it was not anticipated to be a redevelopment site. However, with this proposal the applicant has worked to design the site to have the smallest adverse impact on surrounding uses. The majority of the mass of the project is proposed to be in a highrise building on the south edge of the site. This would put the greatest height at the lowest elevation and adjacent to Arlington Boulevard, to minimize visual obstructions to neighboring properties, while creating a significant feature to act as a gateway to the Courthouse area from the major access on Arlington Boulevard. The Site Plan Amendments SP #76 and SP #

12 highrise building would be buffered from nearby buildings by the new townhouse-style units and by the steep slope up at the northern end of the site. Even the new (not yet constructed) ninestory buildings of Woodbury Park across Fairfax Drive would sit directly across from townhouses and not the highrise. The proposed project is also designed with an east-west oriented driveway, designed as a street with sidewalks and curb parking, and accessing all the garage and loading entrances, as well as the loading entrance, through the site from Courthouse Road to Fairfax Drive. This drive would provide and improve circulation through and around the site, both for residents and for others in the area. The applicant has agreed to grant a public use access easement for this drive. Affordable Housing: The applicant s affordable housing program has two components: 1. On-Site Supported Affordable Housing Five studio apartments will be sold to the County or its designee at prices based on 60 percent of median family income (MFI) for a 1-person household times a factor of 2.75 at the time sales of units begin. At today s income levels those units would sell for $105,750 each. These units will be used by the County as supportive housing for rental to special needs populations. Allocation of funding to acquire the units (proposed to be a combination of Local Public Assistance Cost Allocation Plan, Affordable Housing Investment Fund, and/or other funds) will be submitted to the Board at a future date. 2. Additional Affordable Housing A. Affordable Housing Contribution In the event that the project is to be operated as a condominium, the applicant has agreed to value nine affordable units at sale prices of 60 percent of the median family income (MFI) for each household size times a factor of 2.75 at the time sales begin. At 2005 income levels the units would sell at the following sale prices: Site Plan Amendments SP #76 and SP # Bedroom Size No. of Units Proposed Sale Price 1-bedroom 2 $121,000 2-bedroom 4 $136,000 3-bedroom 1 $157,000 3-bedroom TH 2 $157,000 However, these units will be sold at market sale prices. The applicant and the County will develop a schedule to allocate the sales of units between the applicant and the County at the market sale prices. The County will then receive the difference between the affordable and market sale prices calculated at the time of sale as a cash contribution for use for other affordable housing efforts. Obtaining the subsidy value in this way leaves neither the County nor the applicant at risk of guessing what the market sale prices will be in the future. Based

13 on market sale prices of from $ /square foot and affordable prices at today s income levels, the amount received by the County would total $ million. Current market sale prices for condos range from $ /sf. In the event that the developer elects to operate the project as a rental, the applicant agrees to lease the 14 affordable units at 60% MFI for 30 years according to the terms outlined in condition #63.B of this site plan. B. Off-Site Affordable Housing In lieu of a housing contribution the applicant will provide an off-site affordable housing program in the Courthouse Metro Station area and/or adjoining areas such as Fort Myer Heights that is equivalent to providing nine affordable units on-site. The applicant has up to 12 months from the date of County Board approval of this site plan, with an option to extend the period for another 12 months if approved by the County Manager, to present an affordable housing program to the County Manager for approval. The applicant s total on-site affordable housing proposal, if implemented, would include 14 affordable units, which is 5.4 percent of the total number of units proposed. On a gross square footage basis, these affordable units make up 4.3 percent of the total. The type and number of units are as follows: 5 studios, 2 one-bedroom, 4 two-bedroom and 1 threebedroom apartments in the high-rise and 2 three-bedroom townhouses. After working with the applicant on the proposal for the five affordable studios for supportive housing purposes, staff reviewed several options for the remaining nine affordable units. Because projected condo fees are higher than previously estimated, the long-term feasibility of the larger units for affordable homeownership as well as for rental is limited. For example, the affordable sale price of a three-bedroom unit would have to be lower than that for a one-bedroom unit in order for a 4 to 5-person household at 60 percent MFI to pay less than 35 percent of its income for housing, when condo fees and mortgage payments are included. The value of retaining the units as rentals at 60 percent of the MFI for 30 years would also be less than optimum, again because of uncertainties about whether income levels as approved annually by HUD would increase at a similar rate as increases in condo fees. Consequently, the value of the rental units is less than the value of the units for ownership. Staff supports the developer s affordable housing program because it provides the County with 5 on-site affordable studio apartments for supportive housing purposes while also providing either off-site affordable units or substantial future funds for affordable housing at other locations in the County (see Condition #63). Housing Commission Recommendation: At its meeting on March 24, 2005, the Housing Commission voted 7-0 in support of the Abingdon Heights affordable housing proposal, feeling that it makes a strong contribution to the County s affordable housing program. It applauds the Site Plan Amendments SP #76 and SP #

14 provision of five on-site units for special needs populations and supports location of the remaining units off-site. The developer, who is willing to consult with the Commission chair on a property, indicated that the County would receive a greater number of units through that option. The Housing Commission also voted 7-0 to recommend that, if the County receives the triangle site, consideration be given to using it for the provision of affordable housing. Triangle Parcel/Land Swap: The applicant has requested the vacation of an easement at the southern portion of the site, which the applicant gave to the County but has been counted toward density since the site plan was first approved in 1969, as well as the vacation of a small, leftover, landlocked piece of N. Veitch Street. A separate report discusses these requests and recommends approval of the three items as a land swap, with the applicant giving the triangular parcel to the County in exchange for the two vacations. Staff recommends that the County Board approve additional density for the site plan amendment equal to the by right density available on the triangular parcel. This addition of 16 units has been incorporated into the highrise residential building. The manner in which this building relates to the subject site and to surrounding development is discussed in the Urban Design section above. Condition #76 addresses the conveyance of the triangle parcel to the County. Billy Goat Trail : At the western edge of the subject site, two paths run from Fairfax Drive to a staircase that goes up to a cul-de-sac of North Wayne Street. One, oriented east-west that runs along the northern property line and is paved with asphalt, is controlled by the County on a County easement. The other, a dirt path, is oriented more north-south, and runs from a point at Fairfax Drive that lies across the street from an internal path in the Woodbury Park project to the same staircase. In its approval of an amendment to the Woodbury Park site plan in July 2004, the County Board added a condition stating that it was the County s intention to acquire and improve this dirt path, dubbed the billy goat trail. The applicant has agreed to grant an easement to the County and to improve the trail with a paved path, incorporating steps as necessary, as well as a railing and lights. This agreement is contained in Condition #69. Modification of Use Regulations: As part of the site plan amendment request for Site plan #76, the applicant asks for a modification of use regulations for coverage of 66.3%, compared to a maximum of 50% permitted for the RA-H zoning district. This is due to the long history of Site Plans #75 and #76, which were originally a single site plan covering the area that is now the two site plans. While the buildings were divided into two site plans, the project statistics were never completely severed. For example, subsequent site plan amendments in the 1970s and 1980s mixed the density between the two as though they were still one site plan. With the current requests, the two site plans would be more completely separate, with only an encumbrance of some of the Site Plan #75 site area to support existing excess density within Site Plan #76. The coverage of Site Plan #76, with the building and site area as approved in 1977, is 66.3%. However, over the combined site plans, the coverage is being reduced from the approximately 50% originally approved to 48.1% while the proposed coverage on Site Plan #75 alone would be 36.5%, which is considerably below the maximum of 50%. Since the coverage Site Plan Amendments SP #76 and SP #

15 of Site Plan #76 is not proposed to increase above that of the original approval, staff supports the request for modification of use regulations. Additional Density: The applicant has proposed to dedicate a triangular parcel to the southwest of the main site, across Fairfax Drive, to the County in exhange for the property and easement vacations as described above, which together have significantly less value than the triangular parcel, as analyzed in a related report. Alternatively, the developer could retain the triangular parcel, which has by right development potential of 16 units. Section 36.H.5.d of the Zoning Ordinance provides for up to 10% additional density in site plans for the provision of community facilities. Owning the triangular parcel would enable the County to straighten Fairfax Drive, which would improve access from the immediate neighborhood to and from Arlington Boulevard. There has also been interest in other uses for the remainder of the parcel, which is adjacent to the Woodbury Park project. These uses could include bioretention or other environmental uses, recreational uses, or potentially affordable housing, all of which are goals of the County. Staff recommends that the County Board approve additional density of 6.8%, or 16 units, for this site plan in exchange for the dedication of the triangular parcel to the County. This would permit a total of 252 units for SP #75. Community Process: The applicant has met twice with the Clarendon Courthouse Civic Association (CCCA) and has held a walking tour for neighborhood residents. The Civic Association has voted to approve the project with certain conditions, including on-site affordable housing. In its letter dated April 2, 2005, the CCCA reported the outcome of its vote, but expressed concern regarding the changes in the proposed affordable housing program to allow for off-site units, and requested that the County initiate a public process to determine the uses of the triangle after the Fairfax Drive improvements are completed. In addition, the Site Plan Review Committee has held three meetings and a walking tour to review this project. Planning Commission Recommendation: On April 4, 2005, the Planning Commission voted 11 to 1 to recommend approval of the site plan amendments with two additional recommendations: Include of the proposed internal street in site plan conditions that address all frontages of the site. These include Condition #17 (curb and gutter), Condition #18 (streetscape), Condition #19 (structure free zone in streetscape), and Condition #27 (street lights). The applicant has agreed to all relevant changes. Staff should provide guidance on the affordable housing package for a variety of bedroom mixes if the units were to be provided on-site. Staff will have this information available at the County Board meeting. Finally, on request from Planning Commissioners, the applicant agreed to increase the proposed LEED score to 24, which is reflected in Condition #67. Transportation Commission Recommendation: On April 7, 2005, the Transportation voted unanimously except for one abstention to recommend approval of the site plan amendments. Additional recommendations and comments included: Keep the bicycle trail open during construction to the maximum extent possible. The Site Plan Amendments SP #76 and SP #

16 applicant has agreed to this provision in Condition #6. Reduce the internal street width to 20 feet, add this width to the sidewalks, and remove the proposed speed humps. The applicant has agreed to this recommendation, and language has been added to Condition #17. Discuss with staff the use of more permeable pavement for the internal street. Staff is researching use of such materials, and Condition #17 has been revised to provide for County approval of its use for the internal street. Include the use of excess hotel parking spaces for public parking in a parking management plan. The applicant has agreed to consider additional uses for any available parking spaces in Site Plan #76 upon completion of planned renovations to the hotel (Condition #5 of SP #76). Revise the duration of the easement for the billy goat trail in Condition #69 to be for the life of the site plan. The developer has agreed to this change. Extend the Fairfax Drive streetscape adjacent to the single family parcel immediately to the west of the site. The applicant has agreed to work with the County to provide this streetscape in Condition #18. Change the approval of the construction worker transportation and parking plan (Condition #29) from the Zoning Administrator to the County Manager. The suitability of this kind of change in a standard condition is appropriately determined in a wider context and not through an individual site plan. Staff does not support the proposed change at this time. In Condition #76 regarding conveyance of the triangular parcel to the County, revise Tintersection to intersection. Staff does not object and has made this change. CONCLUSION: The applicant has designed a project to minimize negative impacts on surrounding properties and also to provide a gateway to the Courthouse Metro Station Area from Arlington Boulevard at the station area s southern edge. The project is designed so that all visible sides, including from the interior drive, appear as building fronts, and all garage and loading entrances are accessed from this interior drive. In exchange for the vacation of a small remnant of N. Veitch Street and of an easement at the southern portion of the site, the applicant proposes to give a nearly one-half acre parcel to the County to be used to straighten Fairfax Drive at its intersection with Arlington Boulevard and for other purposes that could include affordable housing, environmental and/or recreational uses. The applicant has also proposed to contribute $65,000 toward the Arlington Boulevard public art project and an additional $10,000 toward improvements in Rocky Run Park, as well as improvements to the billy goat trail. The applicant has proposed an affordable housing program that includes five on-site supportive housing units and either off-site units equivalent in value to nine additional on-site units or a contribution based on the sales price of nine additional on-site units less the price of that unit as an affordable unit. This program represents the equivalent of 5.6 percent of the overall number of new units requested. For these reasons among others, the proposed site plan amendments would promote and protect the public health, safety, and welfare. Staff therefore recommends that the County Board approve the site plan amendments, with modification of use regulations for Site Plan #76 for coverage, subject to the following conditions for Site Plan #76 and the Site Plan Amendments SP #76 and SP #

17 following conditions for Site Plan #75. The following new conditions apply to Site Plan #76 and replace all previous conditions: 1. The developer agrees that the maximum number of hotel units approved as part of this site plan amendment is The developer agrees that the parking ratio shall not be less than 0.8 spaces per unit. 3. The developer agrees that the hotel shall make available to the hotel guests shuttle services to the Rosslyn and Courthouse Metro Stations, National Airport, and corporate and training sites. 4. The developer agrees that the final sidewalk pattern/design and final selection of materials and colors to be used shall be as determined by the County Manager or his designee on the final site development and landscape plan and final engineering plan, in accordance with the Rosslyn-Ballston Streetscape Standards or other applicable urban design standards approved by the County Board and in effect at the time of the final landscape plan approval. The Virginia Department of Transportation (VDOT) is planning to construct a portion of the improvements detailed below. The sidewalks along the street frontages of this development shall be paved with brick or an interlocking concrete paver, or other material and/or pattern as approved in the final site development and landscape plan, and shall be placed on a properly-engineered base approved as such by the Division of Transportation. The sidewalk treatments shall continue across all driveway aprons for loading and garage entrances along all frontages of the site plan, and there shall be no barriers to impede the flow of pedestrian traffic. The sidewalks shall contain street trees placed in either tree pits, tree grates or planting strips, consistent with the Standards for Planting and Preservation of Trees in Site Plan Projects, and as specified below. Placement, planting and root enhancement options shall be consistent with the Standards for Planting and Preservation of Trees in Site Plan Projects, and as specified below. Street trees shall not be placed within the vision obstruction area. All public walkways shall be constructed to County Standard. The developer agrees to maintain and replace the street trees and sidewalks for the life of the site plan. The sidewalk sections and street tree species shall be as follows: North Courthouse Road- The developer agrees to provide any easements so that a streetscape of 13 feet in width between the proposed internal street and the intersection of 13 th Street North can be built by VDOT. The developer will generate and submit plans showing a minimum 13-foot wide streetscape measured from the back of curb (existing and proposed) including an 8-foot wide clear sidewalk and a 5-foot wide planting strip planted with 4 to 4 ½ inch caliper Pin Oak street trees and such ground cover as liriope muscarii, hypericum, calycinum (Aarons Beard), or juniperius conferta (Shore Juniper), Site Plan Amendments SP #76 and SP #

18 placed approximately 30 feet apart on center with a design for the proposed VDOT improvements and a design compatible with the existing conditions. Upon approval of the final landscape plans, the developer will submit a bid generated from its contractor for the improvements shown on the plans for the above improvements made to the existing conditions (without VDOT improvements) for review and approval by the County Manager or his designee. Upon acceptance of the value of the improvements as described, the developer will post a letter of credit in that amount. The purpose of the letter of credit is for the County to have the ability to make the improvements to the streetscape in the event that the improvements are not made during the construction of the project. The letter of credit will be refunded upon completion of the work shown on the plans or if VDOT has begun construction of the Courthouse Road improvements within a six year period beginning on the date of site plan approval. The developer may also elect to construct the improvements to the existing conditions prior to the end of the construction of its project. The driveway ramp shall not extend beyond the tree pits into the clear sidewalk. 5. The developer agrees to submit to the Zoning Administrator, and obtain the Zoning Administrator s approval of, a parking management plan which outlines how employee, guest, and visitor parking for the hotel building will be provided, where the parking will be located, and how guests and visitors will be directed to the parking spaces. The developer further agrees to provide for public parking in parking spaces not required to meet the needs of the hotel. The plan will outline how the number of such spaces will be determined, where these spaces will be located, how the spaces will be managed, and how the public will be directed to the spaces. The developer agrees to obtain the Zoning Administrator s approval of the parking management plan as meeting the standards of this condition and this site plan approval, before issuance of a Certificate of Occupancy of the 252 nd unit in SP #75 or by April 19, 2010, whichever is earlier. The following conditions apply to Site Plan #75 and replace all previous conditions: The following Conditions of site plan approval (#1 through #12) are valid for the life of the site plan and must be met by the developer before issuance of the Clearing, Grading and Demolition Permit. 1. The developer (as used in these conditions, the term developer shall mean the owner, the applicant and all successors and assigns) agrees to comply with the standard conditions set forth below and as referenced in Administrative Regulation 4.1 and the revised plans dated March 28, 2005 and reviewed and approved by the County Board and made a part of the public record on April 16, 2005, including all renderings, drawings, and presentation boards presented during public hearings, together with any modifications proposed by the developer and accepted by the County Board or vice versa. Site Plan Amendments SP #76 and SP #

19 This site plan approval expires three (3) years after the date of County Board approval if a building permit has not been issued for the first building to be constructed pursuant to the approved plan or if the developer has not conveyed the land in fee necessary for the T-interchange improvements to Fairfax Drive as required in Condition #76. Extension of this approval shall be at the sole discretion of the County Board. The owner agrees that this discretion shall include a review of this site plan and its conditions for their compliance with then current County policies for land use, zoning and special exception uses. Extension of the site plan is subject to, among other things, inclusion of amended or additional site plan conditions necessary to bring the plan into compliance with then current County policies and standards together with any modifications proposed by the owner and accepted by the County Board or vice versa. 2. The developer agrees to conduct a pre-construction meeting, and to coordinate participation in the pre-construction meeting by relevant County staff, including staff from the Departments of Community Planning, Housing and Development (DCPHD) Planning, Zoning, Inspection Services; Transportation (DOT); Parks, Recreation and Community Resources (DPRCR); Environmental Services (DES) and others as necessary, prior to the issuance of any permits for the site plan. The purpose of the preconstruction meeting is to discuss the requirements of the site plan conditions. 3. Tree protection a. The developer agrees to complete a tree survey, which shows existing conditions of the site and locates and identifies all trees which are consistent with the Tree Replacement Guidelines. The survey shall include any tree on adjacent sites whose dripline extends onto the subject site. b. The developer agrees to file and implement a tree protection plan for any trees proposed to be saved by the developer or specified to be saved by the approved site plan and shown on any filing in connection with this case. This plan shall include any tree on adjacent sites whose dripline extends onto the subject site. The tree protection plan shall be developed by a certified arborist or other horticultural professional with a demonstrated expertise in tree protection techniques on urban sites and shall be submitted and approved, and found by the County Manager or his designee to meet the requirements of this site plan, before the issuance of the Clearing, Grading and Demolition Permit. At a minimum, this plan shall include: (1) A site grading plan at two (2) foot intervals, including the location of all proposed improvements and utilities. (2) Detailed specifications for any tree walls or wells proposed. Site Plan Amendments SP #76 and SP #

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