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ARLINGTON COUNTY, VIRGINIA County Board Agenda Item Meeting of July 13, 2013 DATE: July 5, 2013 SUBJECTS: A. Z-2565-13-1 REZONING from "" Service Commercial-Community Business Districts to "" Commercial Office Building, Hotel, and Multiple Family District and related update to ACZO Map 34-1 to indicate the Zoning District and extend Line A around the property boundary when necessary; 3601 and Fairfax Drive (RPC # 14-032-001, -002, -003, and -004). B. SP #426 SITE PLAN to construct up to 265 apartment dwelling units, 3,115 square feet of retail, and 2,802 square feet of cultural/educational uses and modifications of zoning ordinance requirements for setbacks, parking ratio, bonus density for LEED Gold and LEED EBOM, Affordable Housing, density exclusions, and other modifications as necessary to achieve the proposed development plan; located at 3601 and Fairfax (RPC# 14-032- 001, -002, -003, and -004.) C. Encroachment of Portions of Above Grade Balconies within an Easement for Public Street and Utilities Purposes, along the N. Monroe Street Boundary of Lots 134, 207 and 208, Farlee, 3601 N. Fairfax Drive, Arlington, Virginia (RPC# 14-032-001). Applicant: Fifth Penrose Investing Company, LLC By: Walsh Colucci Lubely Emrich & Walsh PC 2200 Clarendon Blvd., Thirteenth Floor Arlington, Virginia 22201-3359 County Manager: ##### County Attorney: ***** Staff: Arlova Jackson Vonhm, CPHD Dennis Sellin, DES PLA-6549 2.

C.M. RECOMMENDATIONS: Defer consideration of the subject rezoning, site plan, and encroachment requests to the November 4, 2013, Planning Commission meeting and the November 16, 2013, County Board meeting. ISSUES: The applicant requests approval of a rezoning from to and a site plan for 265 dwelling units, approximately 3,115 square feet of retail uses, and 2,802 square feet of cultural/educational uses. An encroachment into an existing public street and utilities easement has also been requested to permit above grade balconies on the N. Monroe street side of the property. There has been considerable concern and discussion regarding the proposed use of the building as residential as opposed to office. The Virginia Square Sector Plan, which includes both area wide and site specific guidelines, calls for a mix of uses on the subject property, with specific references to office, cultural/educational uses, ground floor retail, shared parking, and a public plaza at the corner of Fairfax Drive and N. Monroe Street. The Site Plan Review Committee (SP) and neighborhood residents have raised concerns regarding the proposed residential use in relation to Virginia Square Sector Plan guidance as well as the transportation related impacts of the project on street parking and Metro crowding. The applicant is supportive of the deferral request. DISCUSSION: Throughout the public review process, the proposed residential land use was raised as an issue, in light of sector plan guidance that suggests office uses are preferred for the subject site. Staff is recommending a deferral to enable further study of key issues that have been defined through Site Plan Review Committee process and by the community, including the proposed use mix, transportation and Metro station capacity, parking availability, and conformance with the adopted 2002 Virginia Square Sector Plan. Staff will work with Planning Commission s Long Range Planning Committee to develop and facilitate a planning process that will address these and other important issues. At their July 2, 2013 meeting, the Planning Commission heard testimony from residents who expressed concern about the apparent conflict between the proposed land use and sector plan, Metro station capacity, neighborhood parking impacts, and lack of certainty about the cultural use. In addition, other speakers voiced support for the project design, public space, and affordable housing. The Planning Commission voted unanimously to support staff s deferral recommendation. In July, staff will work with the Planning Commission to craft an appropriate process and set criteria for the review, which will focus on the proposed departure from the sector plan. Staff will also examine associated site planning issues including the transportation impact of residential vs. office uses on this site, as well as an updated analysis of the land use mix and resulting land use guidance for the site, in light of existing conditions. Planning Commissioners expressed support for this approach and suggested that the outcome of this process may serve as a method for examining future requests that have significant conflicts with sector plan guidance. While the applicant, staff, and the Planning Commission will work together to complete this review in a timely fashion, a November meeting date is proposed to ensure there is sufficient time to complete the necessary analysis and report back to the relevant boards and commissions prior to consideration by the Planning Commission and County Board. SP#426 3601 and Fairfax Drive - 2 - Latitude Apartments PLA-6549

CONCLUSION: A key concern expressed throughout the review of this project has been the proposed residential use, given sector plan guidance for this site. Additional concerns raised by neighborhood residents include transportation related impacts of the project, on street parking and transit usage. At this time, these outstanding issues related to the project need further analysis and discussion. Staff will work with the Planning Commission to continue to review and analyze the requested residential project as it relates to the guidance found within the sector plan, General Land Use Plan (GLUP), and other County policies, in light of site specific characteristics and current conditions within Virginia Square. Therefore, staff recommends a deferral to the November 4, 2013 Planning Commission meeting and November 16, 2013 County Board meeting to allow additional time to resolve this issue and provide the other relevant commissions with an opportunity to comment on the project. SP#426 3601 and Fairfax Drive - 3 - Latitude Apartments PLA-6549

1019 1028 1030 1032 1026 1014 10181016 10221020 3503 3709 10TH ST N N MONROE ST 3601 N NELSON ST 3801 3701 FAIRFAX DR 3803 3600 Z-2565-13-1 3601 and Fairfax Dr. 912 I RPC# 14-032-001, -002, -003, and -004 Scale: Case Location(s) 1:1,200 Note: These maps are for property location assistance only. They may not represent the latest survey and other information. Department of Community Planning, Housing and Development County Use Only Date Placard Posted By Removed

13TH ST N Proposed Amendment to Zoning Ordinance Section 34 Map 34-1 associated with Z-2565-13 12TH RD N N KANSAS ST KIRKWOOD RD R15 WASHINGTON BLVD -1.5-2.5 6 11TH ST N Site subject to proposed rezoning Z-2565-13 14032001 14032003-1.5 N KENMORE ST N QUINCY ST 10TH ST N 14032002 14032004 N NELSON ST FAIRFAX DR MU-VS N KANSAS ST C -2.5 N MONROE ST Zoning Boundary County Line Legend Areas Referenced in subsection 34.7 N POLLARD ST N PIEDMONT ST 9TH ST N / Line A (facing residential zoning districts) subsection 34.7.A.7 ( f ) Line B (facing Federal Lands) subsection 34.11.B.1 Line A and Line B Commercial, MixedUse, and Industrial Zoning where signs may be placed above a height of 40ft. National Park Service Areas Reserve Area I 0.5 Mile Buffer from Reserve, Areas I and II, and Arlington Cemetery 0 300 Feet -1.0 N OAKLAND ST WILSON BLVD 7TH ST N 6TH RD N R2-7 8TH ST N Pursuant to Section 54.1-402 of the Code of Virginia, any determination of topography or contours, or any depiction of physical improvements, property lines or boundaries is for general information only and shall not be used for the design, modification, or construction of improvements to real property or for flood plain determination. Aerial Photography flown February 2011 Map prepared by Arlington County GIS Mapping Center Produced and June 2013 6TH ST N

1019 1028 1030 1032 1026 1014 10181016 10221020 3503 3709 10TH ST N N MONROE ST 3601 N NELSON ST 3801 3701 FAIRFAX DR 3803 3600 SP# 426 3601 and Fairfax Dr. 912 I RPC# 14-032-001, -002, -003, and -004 Scale: Case Location(s) 1:1,200 Note: These maps are for property location assistance only. They may not represent the latest survey and other information. Department of Community Planning, Housing and Development County Use Only Date Placard Posted By Removed