I. Introduction. Background

Transcription

1 St. Elmo Apartments 4931 and 4925 Fairmont Avenue, 4920, 4922, 4924, 4926, 4928 St. Elmo Avenue Sketch Plan Amendment No A Preliminary Plan Amendment No A Statement of Justification I. Introduction On behalf of 4931 Fairmont Avenue LLC (the "Applicant") we are submitting applications to amend the above-referenced Sketch and Preliminary Plans (the "Application") for consideration by the Montgomery County Planning Board, for the properties located at 4931 and 4925 Fairmont Avenue (Lots 644, P58 and P59) and 4920, 4922, 4924, 4926, 4928 St. Elmo Avenue (Lots P86, P85, P84, P83, P82) (collectively, the "Property"). 1 The Applicant proposes to consolidate the Property into one (1) lot to facilitate the redevelop the Property with a mixeduse, office, retail and residential development (the "Project"). II. Background As discussed in further detail below, the Planning Board previously approved Sketch, Preliminary and Site Plans for the redevelopment of the Property with a 16-story mixed-use building. The Property was subsequently rezoned CR 5.0, C-5.0, R-5.0, H-225' in connection with the May 2017 Approved and Adopted Bethesda Downtown Plan (the "Downtown Plan") and Sectional Map Amendment (No. H-122). Accordingly, the Applicant is seeking to amend the previously approved project to take advantage of the additional height (i.e. 225' as compared to the previously proposed 174' (with MPDU bonus height)) and density afforded to the Property. The proposed Project will be in substantial conformance with, the Downtown Plan and July 2017 Approved Bethesda Downtown Plan Design Guidelines (the "Design Guidelines"). III. Prior Approvals On February 19, 2015, the Planning Board approved Sketch Plan No for the redevelopment of the Property with a maximum of 263,956 square feet of residential and nonresidential use, including 15 percent Moderately Priced Dwelling Units ("MPDUs"). The Planning Board subsequently approved Preliminary Plan No on December 10, 2015 for the subdivision of the Property into one (1) lot and Site Plan No on May 18, 2017 for the redevelopment of the Property with a16-story, mixed-use building containing up to 1 The Application encompasses an assemblage of properties that are individually owned by various entities, including: 4931 Fairmont LLC, Lenkin Melvin Trustee, STE49268M LLC, STE49278E LLC, STE49268M LLC, STE49268E LLC (collectively, the "Property Owners"). As discussed in Section III.B.i of this Statement, the Applicant also will be incorporating property along Del Ray Avenue for purposes of FAR averaging under the CR zone. All Property Owners have authorized 4931 Fairmont, LLC and Edward J. Lenkin, in his individual capacity and as manager of 4931 Fairmont, LLC, to submit all land use, zoning and entitlement applications, as demonstrated by the owner authorization letters submitted with this Application.

2 263,956 square feet of total development, including up to 256,300 square feet of multi-family residential use (or up to 210 dwelling units) and up to 15,488 square feet of non-residential (including retail, restaurant, service and/or office) use on the Property (collectively, the "Prior Approvals"). IV. Property Information A. Site Location and Characteristics The Property is prominently located in the Woodmont Triangle area of the Bethesda Central Business District (the "CBD"), between Fairmont Avenue and St. Elmo Avenue, east of Old Georgetown Road and west of Norfolk Avenue. The Property is located within 1,500 feet of the Bethesda Metro Station and consists of an assemblage of properties in a subdivision known as "Woodmont" that includes the following Lots: 644, P58, P86, P85, P84, P83, and P82. The Property has a gross tract area of approximately 0.70 acres (or 30,625 square feet) and a net lot area of 0.59 acres (or 25,625 square feet). B. Density The Prior Approvals included several additional sites for the purposes of FAR averaging. The recently created Bethesda Overlay Zone ("BOZ"), while still allowing for FAR Averaging, created a mechanism by which property owners can acquire additional density from the BOZ through payment of a Park Impact Payment ("PIP"). Accordingly, in connection with this Amendment and the density provisions of the BOZ, the Applicant is proposing to remove several of the previously approved sending properties from the Sketch Plan. The Applicant intends to transfer density from one off-site location and to utilize the BOZ to achieve up to 330,000 square feet of development on the Property (which exceeds the Property's mapped zoning of 5.0 FAR). i. FAR Averaging and Tract This Sketch Plan Amendment includes Lots 263, 264, 265, 266 and 267 on Del Ray Avenue as a sending property (the "Sending Property"), which is depicted on Sheet SK-2. Specifically, the Applicant proposes to transfer 14,863 square feet of residential density from the Sending Property to the subject Property via the FAR averaging provisions of Sections B and C.5 of the Zoning Ordinance (the same overall amount as the Prior Approvals). The Property will use all gross floor area allowed by its mapped CR zoning on-site, before transferring or utilizing BOZ density. The Sending Property will retain sufficient commercial density to at least cover the existing development. The aggregate site area, including the Sending Property and the subject Property (hereinafter, the "Tract"), is approximately 1.06 acres. This Sketch Plan Amendment proposes a total maximum density of square feet on the Tract, including up to 314,000 square feet of residential density and commercial density of 48,012 square feet, with the combination of commercial and residential density on the Tract not to exceed 362,012 square feet. 2

3 As enumerated below, the Sketch Plan Amendment complies with the FAR averaging provisions under Section B. ii. Bethesda Overlay Zone Density As previously mentioned, the Project also utilizes density from the BOZ. The Project will make a PIP of approximately $1,310,950, for up to 131,095 square feet of bonus density (i.e. 330,000 square feet less 153,125 square feet of mapped density, 14,863 square feet transferred density, and 30,917 square feet devoted to MPDUs per Zoning Ordinance Section C.3.c.i), at the time of building permit the final amount of bonus density required, and corresponding PIP, will be determined at the time of Site Plan. This is fully consistent with the recommendations in the Downtown Plan, and the Overlay Zone. C. Zoning and Permitted Uses As mentioned, the Property was recently rezoned CR-5.0 C-5.0, R-5.0, H-225' in connection with SMA H-122 and in accordance with the Downtown Plan. The Property also falls within the Bethesda Overlay Zone. Pursuant to Section of the Montgomery County Zoning Ordinance (the "Zoning Ordinance"), multi-family residential dwellings, commercial, retail, and office are all permitted uses in the CR Zone. As discussed in this Statement, the Project satisfies the various requirements of the CR Zone and BOZ. D. Existing Conditions The Property currently is improved with one- and two-story buildings containing commercial uses and associated surface parking, with frontage on both Fairmont Avenue and St. Elmo Avenue. According to the Maryland State Department of Taxation and Assessment ("SDAT") records, the existing buildings were developed in the 1950's and 1960's and contain a total of approximately 25,630 square feet of floor area. As previously mentioned, the Project also incorporates one Sending Property for purposes of FAR Averaging The Sending Property is currently improved with a low-rise commercial office building and associated surface parking. E. Surrounding Zoning and Land Uses The Property is surrounded by a mix of commercial, office, retail and residential uses, consistent with what is being proposed by this Application. The remaining properties within the block bounded by Fairmont Avenue, St. Elmo Avenue, Norfolk Avenue and Old Georgetown Road, are zoned Commercial/Residential with a maximum density of up to 5.0 FAR and heights ranging from 145' to 250'. Directly to the east of the Property is the Bainbridge apartments a 17-story multi-family residential apartment building, approved for a maximum of 200 residential dwelling units and 7,700 square feet of non-residential use. V. Proposed Development The Property will be consolidated into one (1) lot to accommodate the redevelopment of the Property with a 21-story mixed use, transit-oriented development containing a maximum of 3

4 330,000 square feet of residential and non-residential uses on-site. Specifically, the Project will include up to 314,000 square feet of residential use (or up to 245 units), including a minimum of 15% MPDUs, and 16,000 square feet of non-residential use (including 10,000 square feet of office and 6,000 square feet of retail use). 2 The residential component of the Project will include a minimum of 15% MPDUs (up to 37 units); the MPDUs will comprise up to 30,917 square feet that, pursuant to Section D.6.c.iii, is exempted from the calculation of FAR (and thus, in calculating the proposed FAR, will be excluded from the 330,000 square feet of overall density proposed). The Project will be constructed in one phase. A. Architecture and Design The Property is located in the northern portion of the Bethesda CBD in the Woodmont Triangle area. The Project responds to the transit-oriented nature of its location and will significantly contribute to the strength of the Woodmont Triangle area as a vibrant, mixed-use, transit-oriented district. The Project will provide residential, retail and office uses, along with public use space and significant public benefits, all within walking distance of the Bethesda Metro Station and future Purple Line Station. The building will be 21 stories tall, and achieve a maximum height of 225 feet, as permitted by the Property's zone (CR 5.0, C-5.0, R-5.0, H 225'). The building architecture specifically responds to the intent of the Design Guidelines. Both Fairmont Avenue and St. Elmo Avenue are classified as Downtown Mixed-Use Streets in the Design Guidelines. As discussed in further detail below, and illustrated in the plans submitted concurrently with this Statement, the building's design complies with those guidelines. Given the urban context of the Property, the massing of the Project has been arranged to maximize both street frontages. The Project has articulated massing to modulate the overall height and mass of the structure. The building design utilizes building planes that project and recede from the street level building plane. These projections and recesses emphasize the building's verticality, increasing its street presence and architectural interest. Simultaneously, these plane changes offer opportunities for corner windows and balconies, which is an added amenity for residents. Balconies are utilized along all frontages to activate the development and emphasize the residential character of the building. These balconies, along with belt courses and articulations, weave horizontal accents into the overall verticality, to create an intricate and eloquent plaid. Architecturally, the building is organized around a central mass (21 stories or 225 feet in height) that runs from St. Elmo Avenue to Fairmont Avenue. The through-block connection, discussed in greater detail below, runs along the northeasterly side of this central mass. Two enclosed minor masses with flanking open balconies cantilever 6'-4" into the expanded Promenade beginning at Level 3. On the southwesterly side of the central mass, two wings will 2 Or another combination of non-residential uses which generate no more than the same number of vehicular trips and not to exceed 16,000 total square feet of non-residential uses. 4

5 project toward Old Georgetown Road. The wing closest to St. Elmo will rise to 21 stories in height, while the wing closest to Fairmont will rise to 20 stories. Both of these wings step back six times along their height, and the upper four levels are significantly sculpted. These wings result in the formation of a large courtyard on the 2nd level, providing a significant break in the building's mass facing Old Georgetown Road. The wings and the Promenade projections are each set back from the St. Elmo and Fairmont faces of the central mass (while still remaining close enough to those faces to create a strong street façade that holds the urban streetscape). These elements and the central mass, which will step back from its main face on both streets, will achieve setbacks and/or step-backs for the majority of each frontage. Uniform building materials of unit masonry with accents of natural stone or cast stone, glazing systems, ornamental metal accents, and projecting, wraparound balconies on every exterior mass will ensure the entire building has a unified architectural composition. The proposed building has a timeless appearance and will function as a true landmark in Downtown Bethesda. B. Parking and Loading The Project will provide a sufficient number of on-site, off-street parking, given the Property's location in close proximity to the Metro and within the Bethesda CBD Parking Lot District ("PLD"). Given the Property's location in the PLD, and within 125 feet of Public Parking Garage No. 40, no parking is required to be provided on-site. 3 The residential building, office and retail uses will all be served by one, four (4) level, below-grade parking garage. The BOZ 4 and Section of the Zoning Ordinance together require, a minimum of 141 parking spaces, taking advantage of the parking reductions in Section H, and allow for a maximum of 397 parking spaces. 5 The Project will provide between 220 and 230 parking spaces in the below grade parking garage. The parking is adequate to accommodate full build-out on the Property (up to 245 units and up to 16,000 square feet of nonresidential use). The entrance to the garage will be accessed off of St. Elmo Avenue. Section C of the Zoning Ordinance requires 0.5 bicycle spaces be provided per dwelling unit, up to a maximum of 100 spaces, for every multi-family residential building containing 20 or more dwelling units. Of the residential bicycle parking spaces required, 95% must be provided as long-term spaces. Accordingly, the residential component of the Project is required to incorporate 100 bicycle parking spaces, of which 95 spaces are required to be longterm spaces. For retail/ service establishments, Section C requires 1 bicycle parking space per every 10,000 square feet GFA, up to a maximum of 50 spaces (of which 15% must be provided as long-term spaces). For office use, the Zoning Ordinance requires 1 bicycle parking 3 Properties located within the PLD have an option to pay a parking lot district tax in lieu of providing the on-site parking otherwise required by the Zoning Ordinance. 4 The Bethesda Overlay District only requires 80% of the number of spaces required by Section to be provided on-site. 5 Parking is calculated based on 245 units and 10,000 square feet of office and 6,000 square feet of retail. Final parking counts will be determined at Site Plan, when the exact number of residential units is determined. 5

6 space be provided per 5,000 square feet of GFA, up to a maximum of 100 spaces (of which 85% must be long-term spaces). As such, the non-residential component of the Project is required to provide a total of 4 bicycle parking spaces, of which 3 spaces must be provided as long-term spaces. In accordance with the aforementioned requirements, the Project will provide 99 longterm spaces and 6 short-term spaces, for a total of 105 bicycle parking spaces. The Project will provide a shared loading dock for all users of the Project, which will be accessed via Fairmont Avenue. In response to comments expressed by a neighboring property owner, the loading dock entrance has been pulled away from the edge of the Property. The loading dock is fully enclosed and covered within the building and the loading dock opening is within the street level façade on Fairmont Avenue. The Project will include a solid overhead rolling door so that the loading area can be closed and screened when the dock is not in use. C. Vehicular and Pedestrian Circulation The Project will provide significant improvements to the pedestrian environment and pedestrian circulation in the Woodmont Triangle area. The Project will provide streetscape improvements along Fairmont Avenue and will preserve or replace the streetscape improvements recently implemented along the Property's frontage on St. Elmo Avenue, consistent with the current Bethesda Streetscape standards. These streetscape improvements will contribute to the creation of a cohesive pedestrian system throughout Bethesda. An important component of the Project continues to be the mid-block connection between St. Elmo Avenue and Fairmont Avenue, which is discussed in detail in Section IV.D below (the "Promenade"). The Promenade will provide a safe, active and efficient mid-block pedestrian connection between Fairmont Avenue and St. Elmo Avenue. Vehicular access to the existing surface parking lot on the Property currently is provided along St. Elmo Avenue. Vehicular access to the Property will continue to be provided from St. Elmo Avenue. Access to the shared loading area will be provided from Fairmont Avenue. The Project's location, proximate to the Bethesda Metro Station, multiple bus routes and future Bethesda Purple Line station, will provide a great opportunity to promote the use of multiple modes of transportation by focusing on increased utilization of public transportation. This focus on mixed-mode commuting is expected to substantially reduce the dependency on single occupant vehicles. The Applicant anticipates that residents and users of the Project will make use of nearby bus and rail facilities for both work and recreational trips. D. Public Open Space, Amenities and Public Art Under the Optional Method of Development in the CR Zone (given that the lot area for each the subject Property and Sending Property is under one acre and neither lot has frontage on more than two existing and planned right-of-way frontages), the Applicant is not required to provide any on-site public open space. Nonetheless, the Project will provide 5,150 square feet of 6

7 public open space (or approximately 20% of the net lot area for the Property), for the use and enjoyment by all that visit the Project or the public open space. The proposed mid-block connection between St. Elmo Avenue and Fairmont Avenue defines the public open space. This pedestrian passageway, approximately 180 feet in length, provides a significant amount of public open space and contributes to the creation of a vibrant urban development. The 1st floor façade of the proposed building has been setback 20 feet from the interior lot line, closest to the adjacent Bainbridge building, more than doubling the width of the mid-block pedestrian connection currently provided by the Bainbridge site. The Applicant has coordinated the design of the public open space with Bainbridge so that the two spaces function together as one unified passageway. The proposed design of the Promenade envisions a unified public space that works both for pedestrians passing through and as a destination in itself. The design uses curvilinear, meandering geometry to create a more dynamic experience of the narrow site. Two seating areas offer a place for café tables and chairs. A low planter and/or seat wall defines the edge of each seating area and allows cascading plants to soften the architectural forms. The Promenade will be illuminated with overhead, hanging catenary lights stretched across the passageway which will provide a ceiling to the outdoor space. Lighting, paving, seating and planting will be designed as part of an integrated experience. The Promenade will also feature public art the Applicant has selected a specific piece of artwork, entitled Overflow V by world class artist Jaume Plensa, for this space. 6 The Applicant is excited about this opportunity and believes that this particular sculpture is well suited for the Promenade and complements the overall vision of the Project. The sculpture will sit at the Fairmont Avenue end of the Promenade (i.e. the highest point of the space). The Plensa sculpture is proposed to be mounted on a pedestal base (height to be determined), which will elevate the approximately 7 foot tall sculpture and increase the verticality of the artwork. The scale of the sculpture will ensure that it is visible from the street, and the unique form made up of stainless steel letters that create a recognizable figure will create intrigue that will draw people into the space. The sculpture also allows light and air to pass through it, which will contribute to the feeling of openness in the Promenade. The perception of this piece will change as the light changes throughout the day and night. The artwork already has been evaluated by the Art Review Panel. The Applicant also is considering providing a handmade clock along the St. Elmo entrance. If provided at the Applicant's option, the artistic clock will become an identifiable icon in the Woodmont Triangle. Located along St. Elmo Avenue at the entrance to the Promenade, people will say, "Meet me at the clock." The clock will be designed and constructed by a master clock builder and likely will feature visible mechanical movements, cast iron or cast bronze 6 The public art on the Bainbridge site, designed by Dan Steinhilber, has been approved to be decommissioned in connection with the Prior Approvals and carried forward with these Amendments. 7

8 materials, an automatic and manual weight winding system and a beautiful, illuminated clockface. At this time, the Applicant is not seeking credit for the clock as public art. VI. Sector Plan Compliance The Project substantially complies with the goals and recommendations of the Downtown Plan. One of the primary objectives of the Downtown Plan is to create a truly sustainable downtown. The Project promotes this objective by redeveloping an underutilized site (currently developed with existing, aging commercial buildings) with a mixed use, predominately residential project, which provides diverse housing choices and additional restaurant/retail services in close proximity to transit and other existing residential and non-residential uses with the CBD. The Project also promotes the following goals: Promote infill development with higher densities and building heights nearest the central core of Downtown Bethesda to accommodate future growth. The Property is currently improved with low-density, aging commercial office buildings. Given its prominent location within walking distance of the Bethesda Metro Station and future Purple Line Station, the Applicant is proposing to redevelop the site with a 21 story mixed-use, transit oriented development. Take best advantage of existing and planned transit, including Metrorail, Purple Line light rail, bus rapid transit (BRT) and bus. As mentioned above, the Applicant is proposed to redevelop the existing low-density, aging commercial buildings with a mixed-use, predominantly residential building that is more appropriately suited for the Property, given its transit-oriented location. Create opportunities for public spaces to balance high intensity new development in the Woodmont Triangle District through design of through-block connections that include seating, public art, tree canopy and landscaping as places for respite. The Project will more than double the width of the mid-block connection created by the Bainbridge. The Applicant has worked closely with the owners of the adjacent Bainbridge apartments to create a truly dynamic and unified space that works for both pedestrians passing through and a destination in itself. Continue the Constrained Long-term Parking Policy and promote incentives to reduce parking. Given its proximity to transit, the Project will provide significantly fewer than the maximum number of parking spaces on-site. As discussed in Section V.B above, the Project proposes to provide a minimum of 220 and a maximum of 230 parking spaces on-site. This is well below the maximum number of parking spaces allowed by the Zoning Ordinance (i.e. 397 parking spaces). 8

9 Foster community enrichment by encouraging public and private gathering places. The proposed Promenade will provide an important public amenity for all residents and visitors of Bethesda. The Promenade has been designed to work both as a mid-block connection for pedestrians passing through but also to facilitate community interaction and engagement. The Promenade will incorporate movable seating (in the form of café tables and chairs), to promote communal gathering. Promote a diversified mix of housing options in Downtown through mixed-use and multiunit residential zoned development. The Project contains diverse housing opportunities by including a variety of market rate unit sizes (including one- and two-bedroom units, both with and without dens, and threebedroom units) and layouts to facilitate the availability of new housing, in a range of types and rents, within walking distance of the Metro. Additionally, because the Project includes a significant number of MPDUs (a minimum of 15% of the constructed units will be MPDUs), the Project also provides economic diversity at this prominent location. Incentivize expanded affordability for housing. The Project will provide a minimum of 15% MPDUs (or up to 37 units). As a result, the Project provides additional, desired affordable housing in close proximity to transit and other services. Provide opportunities for more diverse, mixed-income residential development. As discussed above, the Project will incorporate a minimum of 15% MPDUS to facilitate economic diversity at this prominent location. Incentivize development that adopts new green technologies to save energy and natural resources while creating an innovative and desirable community for the future. As discussed in detail below, the Project will result in significant improvements to the treatment of stormwater management on-site, as there are no known stormwater management facilities currently located on the Property. The Project also will incorporate other green building technologies and energy efficient design principles, in compliance with the requirements of the County's Green Building Law. Provide a sufficient supply of housing to serve Bethesda's existing and future job growth. The Project will provide a substantial amount of additional residential development, within close proximity to the future Marriott headquarters and other commercial and retail uses within the Woodmont Triangle, as well as the larger Downtown CBD. 9

10 VII. Bethesda Design Guidelines As discussed in detail below, the building design complies with the recommendations of the Bethesda Design Guidelines. Both Fairmont Avenue and St. Elmo Avenue are classified as Downtown Mixed-Use Streets in the Design Guidelines. The Project either meets the specific numerical requirements or utilizes permitted Alternative Treatments and exceptions for lots of limited width (given the narrowness of the Property), when strict adherence to those numerical values would be detrimental to the project's design quality, feasibility and/or function. A. Building Form i. Tower Step-Backs The Design Guidelines recommend a base height of 3-6 stories (or 35'-70'), with a tower step-back of approximately feet for Downtown Mixed-Use Streets. On St. Elmo, to the left of the central mass, the build steps back at Level 3 (to inflect to the Bainbridge's façade articulation). To the right of the central mass, on St. Elmo Avenue, the entire façade (from ground up) is setback 30' in total from the curb the equivalent distance of the required setback and step-back combined, which further articulates the project's verticality into separate masses and allows for on-site electrical transformers. The entire 33' high base will be clearly delineated through façade detailing and material changes. The central mass is less than 50% of the façade length, and thus, does not require the step-back. On Fairmont, the façade steps back on the left side of the central projection at Level 4 to align with the adjacent building. As with the St. Elmo façade, the central projection is less than 50% of the façade length, and thus, does not require the step-back. On the Promenade side, the building is setback 20' from the interior lot line (5' greater than required for the Public Benefit Points; the Design Guidelines do not specify a numerical recommendation for step-backs along through-block connections). Due to the narrow width of the site and to allow for the aforementioned increased 20' setback at grade, no addition stepbacks are provided. On the façade facing Old Georgetown Road, no specific step-backs are required (as this is along an interior lot line). See discussion of this façade in the tower separation section below. ii. Building Placement The building will be setback from both St. Elmo Avenue and Fairmont Avenue, consistent with the adjacent properties and the Design Guidelines. Buildings along Downtown Mixed-Use Streets are recommended to be located approximately feet from street curb. However, recognizing the importance of creating a continuous building line along the street, the Design Guidelines allow for deviations in the recommended building placement where existing buildings are set back more than the recommended build-to-line (within a 5 foot deviation of the recommended build-to-line). 10

11 On St. Elmo, the Project continues the building line established by the Bainbridge Bethesda. On St. Elmo, the center mass is setback from the curb 15'. To the left of the central mass the setback from curb is approximately 20'. To the right of the central mass, the setback from curb is increased to 30' to incorporate the require step-back and allow for transformer locations. Accordingly, the setback of the central mass of the proposed building is within a foot of the furthest projecting plane of the Bainbridge Bethesda (i.e. 15'-6"). On Fairmont Avenue, the Project continues the building line established by the adjacent four-story building to the left, approximately 14'-8" from the curb. Although less than the 15' minimum setback recommended for Downtown Mixed-Use Streets, this deviation is less than 1' and accordingly, is permitted by the Design Guidelines. Strict adherence to a 15' minimum setback would create an awkward connection at the sidewalk, frustrating the continuous building line desired by the Design Guidelines. iii. Tower Separation The Design Guidelines generally require that tower floors be separated at least 22.5 to 30 feet from the side and rear property lines. However, the Design Guidelines also provide that in instances such as the subject application, where the Property is of limited size/width/depth, the tower separation may be reduced. On the promenade side, at the ground plane, the tower separation is 20' from the interior lot line, plus the existing Bainbridge setback of approximately 15'-2" (to the columns), to allow for increased width of the existing promenade. While the Applicant is continuing to study the projections and balconies along the promenade, the proposed building currently includes two 6'- 4" projections at Levels Three 21 (the Bainbridge is setback from the interior lot line approximately 14'-6" at Levels Three 13). Given the limited site width, an additional 2.5' of tower separation above 70' in height would create practical difficulties in structural systems, unit layouts, corridor locations, and utility risers. Additionally, a 2.5' step-back would create a very awkward massing contrary to the building's design aesthetic. On the Old Georgetown Road side, the applicant controls three of the lots along St. Elmo Avenue and the building at Old Georgetown and Fairmont is already fully developed; therefore, a new tower between the subject building and Old Georgetown is highly unlikely. That condition, plus the narrow width of the site, has led to a design where the building code informs the step-backs from the interior lot line. The two projecting wings closest to the interior lot line are 57 wide, each, representing less than 56% of this 205' long property boundary. The remainder of this frontage - a central courtyard and setbacks or step-back at each street is at least 46' back from the lot line. At these two wings, step-backs start a 0' for the first two stories and increase six times over the facades height as the area of glazing increases. Two planes, representing less than 16% of the lot line, are setback 4' from Levels Three through 17. Other portions of these wings, representing another 17.5% of the frontage, are set back 10' from the lot line (excluding balconies per the guidelines) from Level Two through 18. Above the Level 18, setbacks continue to increase from 13' to 18', and ultimately 46' at the uppermost story. All units in these wings with window facing this lot line have additional windows facing the streets or courtyard, which provide more than code-compliant openings for light and air. 11

12 Accordingly, the Applicant believes the proposed building furthers the intent of the tower separations recommended in the Design Guidelines. However, strict adherence to the tower separation recommendations would create practical difficulties and create an unworkable typical floor plate width. iv. Through-Block Connections The Design Guidelines recognize that public through-block connections are important within long blocks to provide efficient pedestrian circulation. The ground floor façade is primarily glass, to help activate the space. Additionally, the building façade facing the Promenade incorporates upper floor balconies oriented to the through-block connection to provide additional activation of this space. The clear pedestrian path through the Promenade, at its widest point, is approximately 35' feet (well in excess of the 8-12 foot clear pathway recommended in the Design Guidelines). B. Green Cover The Design Guidelines recommend that a minimum of 35 percent green cover be provided through either: (1) intensive green roof on 35 percent of rooftop; (2) tree canopy on 35 percent of landscape; or (3) a combination of tree canopy and intensive green roof for a total green cover of 35 percent. The Property meets this requirement by providing an intensive green roof(s) that will have a depth of a minimum of 8", covering a minimum of 35 percent of the roof. The exact location and design of the green roof will be determined at the time of Site Plan. The location of the Promenade, which is dictated by the existing through-block connection provided by the Bainbridge and the recommendations in the Downtown Plan, does not lend itself to tree canopy growth. To provide the soil volume necessary for adequate tree canopy growth within the Promenade, which is located above structured parking, the Applicant would need to provide large above-grade planters, which would impair the design, circulation, and functionality of this great public space, which has been extensively reviewed by Park and Planning Staff and the Art Review Panel in connection with the Prior Approvals. C. Environmental Site Design The Design Guidelines Recognize that there are many types of Environmental Site Design ("ESD") tools that can be used to accomplish the Downtown Plan's stormwater management goals. The Project will provide ESD measures to address stormwater management on-site, where there currently is none, through vegetated roof(s). The proposed green roof(s) thickness will be approximately 8" to maximize ESD treatment. Given the underground parking below and lack of depth in the existing storm drain, no structural facilities are proposed on-site. Instead, the Applicant will provide a green roof, as referenced above, and pay a fee-in-lieu to satisfy the remainder of the stormwater management goals for the Project. 12

13 VIII. Zoning Ordinance Conformance As demonstrated herein, the Project conforms to the requirements of the CR Zone (as modified by the BOZ). A. Objectives Section of the Zoning Ordinance states that the CR zones "permit a mix of residential and nonresidential uses at varying densities and heights. The zones promote economically, environmentally and socially sustainable development patterns where people can live, work, recreate, and access services and amenities." The Project responds to the specific objectives of the CR Zone: The Project provides an opportunity to redevelop existing low-density commercial buildings and associated surface parking, located in close proximity to the Metro, with a transit-oriented mixed-use development. The Project's location, within 1,500 feet of the Metro station, and design will facilitate pedestrian activity within the Woodmont Triangle area. The residential component of the Project will provide a diverse range of unit types and sizes, and will provide ample recreational facilities for residents. The height and densities proposed by the Project are not only consistent with the goals of the Downtown Plan and the requirements of the Zoning Ordinance, but are compatible with the desired character of the Woodmont Triangle area. The Project provides a substantial amount of new residential development to support the existing retail and non-residential development in the Woodmont Triangle area. The proposed new ground-floor retail, as well as office uses on the ground level and 2 nd floor, will create a successful and active mixed-use development on the Property. B. Special Regulations for the Optional Method of Development and Development Standards Properties developed under the Optional Method of Development must comply with the general requirements and development standards of the CR Zone (as amended by the BOZ) and must provide public benefits under Sections A.2 and B.3.c to obtain greater density and height than allowed under the Standard Method of Development. The Project complies with the standards for Optional Method of Development projects in the CR Zone. i. Incentive Density The Project will provide substantial public benefits and address the Incentive Density Guidelines for the CR Zone. The Applicant is seeking incentive density above the Standard Method of Development. The Standard Method of Development allows for the greater of

14 FAR, or 10,000 square feet of gross floor area. The Project will have up to 283,770.5 square feet of incentive density, to achieve a total density of up to 330,000 square feet. As such, the Project will achieve well in excess of the 100 public benefit points required from four categories. Specifically, the Project will provide the following public benefits: Public Benefit Total Points Possible 7 Total Points Achieved Connectivity and Mobility Minimum Parking Through-Block Connection Diversity of Uses and Activities Small Business Opportunity Quality Building and Site Design Exceptional Design Public Art Public Open Space Structured Parking Protection and Enhancement of the Natural Environment BLT's Cool Roof Energy Conservation and Generation TOTAL POINTS TOTAL NUMBER OF 4 CATEGORIES 1. Connectivity and Mobility a. Minimum Parking Given the Property's proximity to transit, the Applicant is proposing to provide a maximum of 230 parking spaces on-site. As such, the Applicant is seeking 7 points for minimum parking. 7 The BOZ increases the total number of public benefit points possible for select categories. This chart reflects the maximum points available per the Section C.4.g of the Zoning Ordinance. 14

15 [(A-P)/(A-R)] *10 A (maximum allowed spaces) = 397 R (minimum required spaces) = 141 P (proposed spaces) = 230 [( )/( )] *10 = 6.5 points b. Through-Block Connection An important public benefit of the proposed Project is the through-block connection between St. Elmo and Fairmont Avenues. The Project will more than double the width of the through-block connection currently provided by the Bainbridge. The through-block connection will: be open-air, more than 15 feet wide, and open to the public between the hours of 8:00 AM and 9:00 PM. Accordingly, the Applicant is requesting 15 points from this category. 2. Diversity of Uses and Activities a. Small Business Opportunity The Project will promote small scale commercial businesses in the Woodmont Triangle The Project provides up to approximately 6,000 square feet of retail, in two separate retail bays. Accordingly, since all of the retain opportunities on-site will promote small business opportunities (i.e. each less than 5,000 square feet), the Applicant is requesting 10 points from this category. 3. Quality Building and Site Design a. Exceptional Design The St. Elmo Apartments Project seeks approval of 15 Public Benefit Points for Exceptional Design. The Project satisfies a minimum of four of the Exceptional Design criteria, as specified in the Zoning Ordinance and Commercial/Residential and Employment Zones Incentive Density Implementation Guidelines. These criteria are addressed in turn below: Providing innovative solutions in response to the immediate context The building will be setback from both St. Elmo Avenue and Fairmont Avenue, consistent with the adjacent properties and the Design Guidelines. On St. Elmo, the Project continues the building line established by the Bainbridge Bethesda. On Fairmont Avenue, the Project continues the building line established by the adjacent building. As a result, the Project creates a continuous building line along these frontages. Step-backs from the main building plane from Level 3 and above give the building a two-story base that relates to the smaller-scaled buildings on both frontages and to plane changes on the adjacent Bainbridge Bethesda building. This base element will be enhanced by a strong horizontal band, changes in materials, and additional architectural detailing to be further developed at Site Plan. 15

16 Creating a sense of place and serves as a landmark Per the building description above, the central mass of the building, along with its projections and wings linked to the central mass via projecting open balconies will create strong, timeless street facades. The St. Elmo façade will read as a story taller with additional architectural embellishment as compared to Fairmont, as is appropriate to its wider right-of-way and status as the front entrance of the building. These facades and the Promenade will create a strong sense of place within the immediate vicinity of the building. Moreover, the sculptural nature of the upper 5 levels, penthouse, and architectural embellishments will give the project an iconic top and landmark status when viewed from greater distances along Old Georgetown Road and other nearby roads. The Project's significant improvement of the Promenade will establish this location as a true place in Bethesda and serve as a landmark for the entire area. Furthermore, as discussed in detail above, the Promenade will feature world-class public art. The Plensa Sculpture will draw people into the space and serve as a landmark in the Woodmont Triangle. Enhancing the public realm in a distinct and original manner The building's design concept discussed in relation to the other three exceptional design criteria, also contribute to enhancing the public realm in a distinct and original manner. To our knowledge, the Project will be unlike any existing building or any other currently proposed design. The proposed building achieves compliance with the setback, step-back, and tower separation recommendations contained in the Design Guidelines in a manner that will not detract from a strong street presence on either St. Elmo Avenue or Fairmont Avenue. Downtown Bethesda, in general, and the Woodmont Triangle, more specifically, continues to densify and become increasingly urban in nature. Strong streetscapes, which maximize the advantages of the urban environment, become paramount to the public realm. The design utilizes the recommendations contained in the Design Guidelines to weave a coherent design statement along both street frontages and the equally important side façades. While the northeast and southwest elevations are functionally "sides" of the building, both play vital roles in the overall design. One side façade faces the Promenade and will be exposed to a large amount of pedestrian traffic. The other, facing Old Georgetown Road, likely will be the most prominent façade, perhaps seen by the greatest number of people on a daily basis. As such, it will exhibit the same level of complexity and visual interest as the street facades and end with strong beaconlike vertical massings and detailed elements. Introducing materials, forms or building methods unique to the immediate vicinity or applied in a unique way The architectural expression of St. Elmo Apartments will be an elegant and timeless design, unique within the Woodmont Triangle. Comprised mostly of unit masonry with stone or cast stone accents, and large areas of architectural glazing systems, further enhanced with 16

17 ornamental metal detailing, the facades will be neither a specific historic style nor merely a fashionable statement of today's trends. It will address current market demands for large windows, yet also adhere to time tested notions of proportions; an articulate base, shaft and top; appropriate ornamentation to create a human-scale; and a balance of solids and voids. The many building planes created by the setbacks, projections, wings, step-backs, and upper level sculpting are all linked by the wrap-around open balconies. These elements, along with strong horizontal elements at the various step-backs and cornices, will create a plaid-like balance of horizontals and verticals found in timeless designs over many stylistic periods, which will be distinctive amongst much of the nearby, current, architectural expressions. 4. Public Art The Applicant presented the public art concept to the Art Review Panel on March 21, 2017 and thereafter worked closely with Staff and the Planning Director in its placement and positioning. The proposed Plensa sculpture is a world-class piece of art that will complement the vision of the Project and serve as a landmark for the Woodmont Triangle. Accordingly, the Applicant is seeking 15 points from this category. 5. Public Open Space Under the Optional Method of Development in the CR Zone (given the lot area attributable to the Property and number of frontages), the Applicant is not required to provide onsite public use space. Nonetheless, the Project provides a significant amount of public open space in the form of the through-block connection. As discussed in detail above, the Applicant is proposing to more than double the width of the through-block connection created by the Bainbridge (between St. Elmo and Fairmont Avenues) and has worked with the owners of the Bainbridge to create a unified design of the space. The public open space will be: (1) directly accessible to the street; (2) open to the public between sunrise and sunset; and (3) designed to incorporate seating, landscaping and other amenities into an integrated experience. Additionally, the Promenade will be further activated by the proposed ground floor retail/restaurant uses, to create a true public amenity. Based on the amount of open space proposed, the Applicant is seeking approval of 20 points for this category. 6. Structured Parking All of the parking provided on-site will be located in a structured parking garage. As such, the Applicant is requesting 20 points from this category. [(A/T)*10] + [(B/T)]*20 A (above-grade spaces) = 0 B (below-grade spaces) = 220 T (total spaces) =

18 [(0/220) * 10] + [(220/220)] * 20 = 20 points 7. Protection and Enhancement of the Natural Environment a. BLT's The Applicant will purchase Building Lot Termination easements, or make an equivalent payment to the Agricultural Land Preservation Fund, in an amount equal to 7.5 percent of the incentive density floor area. Based on the density proposed by this Sketch Plan (up to 330,000 square feet; which includes approximately 30,917 square feet for MPDUs) the Applicant would be required to purchase BLTs, based on the following calculation: - 299,083 square feet total development proposed (excluding MPDUs) (15,312.5 square feet base density) = 283,770.5 square feet of incentive density - 283,770.5 square feet x = 21,282.78/31,500 = BLTs Since one BLT is equivalent to nine public benefit points, the Applicant is seeking approximately 6.08 points for this category. b. Cool Roof Any roof area that is not covered by a vegetated roof or mechanical equipment will be constructed with a minimum solar reflectance index of 75. Accordingly, 10 points are appropriate from this category. c. Energy Conservation and Generation The Applicant is seeking a minimum of 15 Energy Conservation and Generation points. The proposed building will exceed the applicable energy-efficiency standards, based on its building type, by 17.5%. ii. Development Standards The proposed Project will satisfy the development standards for Optional Method of Development in the CR Zone, as specified in Section of the Zoning Ordinance. A development table is included on sheet SP-1, which demonstrates the Project's compliance with these development standards. iii. FAR Averaging As permitted by Sections B and C.5, the Project takes advantage of the FAR Averaging Provisions contained in the Zoning Ordinance. The purpose of this portion of the Statement is to demonstrate that the Project satisfies the requirements contained in Sections B and C.5 of the Zoning Ordinance, regarding FAR averaging. Section B.3 of the Zoning Ordinance provides that density may be averaged over two or more non-contiguous properties in the CR Zone if: 18