1 city of falls church title: (to21-08) official zoning

City of Falls Church 1

Meeting Date:

9-27-21

Title: (TO21-08) ORDINANCE TO AMEND THE

OFFICIAL ZONING DISTRICT MAP OF THE CITY

OF FALLS CHURCH, BY REZONING

APPROXIMATELY .98 ACRES OF LAND FROM T-1,

TRANSITIONAL to B-1, LIMITED BUSINESS

LOCATED AT 1001 & 1003 WEST BROAD STREET

(REAL PROPERTY CODE NUMBERS 52-102-065 &

52-102-060) ON APPLICATION BY MILLCREEK

RESIDENTIAL TRUST, LLC

(TR21-06) RESOLUTION TO GRANT A SPECIAL

EXCEPTION FOR RESIDENTIAL USES WITHIN A

MIXED USE DEVELOPMENT PROJECT AND TO

INCREASE THE BUILDING HEIGHT WITH A

BONUS OF THIRTY (30) FEET TO A MAXIMUM

HEIGHT OF EIGHTY-FIVE (85) FEET FOR A

MIXED-USE DEVELOPMENT PROJECT ON

APPROXIMATELY 2.07 ACRES OF LAND

LOCATED AT 1001 &1003 WEST BROAD STREET

REAL PROPERTY CODE NUMBERS 52-102-065 &

52-102-060) ON APPLICATION BY MILLCREEK

RESIDENTIAL TRUST, LLC

Agenda No.:

10(b)(3)(4)

Proposed Motion: Move to grant first reading for (TO21-08) and refer (TO21-08) and

(TR21-06) to the following boards, commissions, and community organizations: Planning

Commission, Architectural Advisory Board, Economic Development Authority, Housing

Commission, Environmental Sustainability Council, Urban Forestry Commission, Citizens’

Advisory Committee on Transportation, Recreation & Parks Advisory Board, Arts and

Humanities Council of Falls Church, Library Board of Trustees, Historical Commission,

Human Services Advisory Council, Village Preservation and Improvement Society, and

Greater Falls Church Chamber of Commerce, schedule public hearings and second reading

for March 28, 2022, and advertise the same according to law.

Originating Dept. Head:

Paul Stoddard, AICP,

Planning Director

PS 9-22-2022

Lead staff:

Jeff Hollern, Planner

JH 9-22-2022

Gary H. Fuller, AICP, Deputy

Planning Director

703-422-2046 GHF 9-22-21

Disposition by Council:

City Manager:

Wyatt Shields

703.248.5004

FWS 9-23-2021

City Attorney:

Carol McCoskrie

703.248.5010

CWM 9-23-2021

CFO:

Kiran Bawa

703.248.5092

KB 09-23-21

City Clerk:

Celeste Heath

703.248.5014

KB 09-23-21

REQUEST: 2

Council is requested to grant first reading of (TO21-08) and (TR21-06) for the proposed 3

Founders Row II mixed-use redevelopment project and refer the project out to boards and 4

commissions for review ahead of a vote tentatively scheduled for early 2022. 5

6

The proposed project includes the following applications that require legislative action by the 7

City Council after a mandatory recommendation by the Planning Commission: 8

(TR21-06) &(TO21-08)

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9

1. Official Zoning Map Amendment – Rezoning from T-1 to B-2; 10

2. Special Exception - Residential development within a Mixed-use development; and 11

3. Special Exception – Up to 30 feet of Height Bonus for a proposed 80 feet of building 12

height. 13

14

RECOMMENDATION: 15

After reviewing the latest application materials and evaluating them against the City’s adopted 16

policies, staff recommends that Council grant first reading and refer the project proposal to 17

boards and commissions. 18

19

Staff further recommends that as part of a future submission, and prior to Council considering 20

the application for final approval, the Applicant incorporate the following changes: 21

1. Significant Commercial Space – Provide greater commercial uses, and more specificity 22

of proposed commercial programming and how it will fill a significant community or 23

neighborhood need. 24

2. Environment -Strengthen the environmental design of the proposal, including amount of 25

open space and green space, use of green infrastructure, availability of electrical vehicle 26

charging stations, and reduction of heat island impacts. 27

3. Affordable Housing and Public Facility Impacts – Improve the proposed affordable 28

housing program, utility, and facility contributions. 29

4. Neighborhood – Continued coordination to address neighborhood concerns regarding 30

transportation access and safety. 31

5. Urban Design – Continued refinement and improvement of streetscape, architecture, and 32

building design. 33

Staff also recommends that if the project is referred to Boards and Commission, the developer’s 34

performance in meeting the commercial commitments of the nearby Founders Row project 35

should be assessed prior to final consideration of Founders Row II, and that possible 36

strengthening of those commitments for Founders Row should be considered. 37

38

BACKGROUND: 39

40

Updates Since Last Council Work Sessions 41

Council reviewed the amended 2nd submission of the Founders Row II Special Exception during 42

a work session on September 13, 2021 and a staff comparison of Voluntary Concessions from 43

recent and proposed redevelopments during a work session on September 20, 2021. General 44

items discussed included: 45

Need to see demonstrated commercial performance of Applicant’s Founders Row I 46

project, which is currently under construction to reassure the City that this project will be 47

successful 48

Need to strengthen commercial significance of project; 49

Need to address energy efficiency goals in Special Exception criteria and 50

recommendations for Electric Vehicle Chargers 51

Need to continue outreach with surrounding neighborhood and address concerns 52

Need to understand how proposed Voluntary Concession compare with recent projects; 53

(TR21-06) &(TO21-08)

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54

55

Proposed Development Project: 56

Applicant: Mill Creek Residential Trust 57

58

Site Properties: The following properties at the intersection of W. Broad St and S. West St are 59

included in the development proposal under the current application: 1001 & 1003 W. Broad St 60

(RPC 52-102-060 and RPC 51-102-065). The total site area is 91,270 Sq. Ft (2.095 acres). 61

62

Project: A mixed-use building with a maximum height of 76 feet comprised of the following 63

components: 64

Building Height - Building height varies from 75 feet along West Broad Street to 30 feet 65

along Ellison Street. 66

Multi-family Residential - Up to six (6) levels of residential multi-family rental apartments 67

(280 Total) and above ground floor retail 68

Retail - Ground floor retail of 15,026 Sq. Ft along the frontage of the project on West Broad 69

Street and South West Street. 70

Office - 5,800 Sq. Ft of Ground – and Second-floor office space, along with 5,000 Sq. Ft of 71

dedicated co-working space (not included in total Commercial Square Footage). 72

Parking - 433 spaces of underground parking garage. 73

74

Land Owners: 1001 W. Broad St (RPC 52-102-060) is owned by Broad Street Realty Trust, and 75

1003 W. Broad St (RPC 51-102-065) is owned by TP Fourteen, LLC. 76

77

Land Use & Zoning: The current uses on the site include a retail business at the corner and a 78

Rite Aid. The current zoning designation is B-1, Limited Business along W. Broad St and T-1, 79

Transitional along Ellison St. The Comprehensive Plan Future Land Use Map designation is 80

“Mixed-Use” for the whole proposed site area. 81

82

Land Use Action Requested: 83

The proposed project includes the following applications that require legislative action by 84

Council, following a recommendation by Planning Commission: 85

4. Rezoning – The area currently zoned T-1 has been requested for a rezoning to 86

B-1 to match with the rest of the site and be consistent with the Future Land 87

Use Map designation. 88

5. Special Exception (SE) – to allow residential development within a mixed use 89

development; 90

6. Special Exception – up to 21 Feet of height bonus for a proposed building 91

height of 76 Feet; 92

93

The City Council may approve a rezoning of the subject property to change and amend the Official 94

Zoning Map designation for the property as provided for in the City Code under Article II, Division 95

3, Amendments, Section 48-85 thru 89. This request is proposed by the applicant to be considered 96

in conjunction with the submission of subsequent Special Exception requests in support of the 97

overall proposed mixed-use project and application. 98

99

A zoning map change or “Rezoning” from the existing T-1, Transitional to B-1, Central Business 100

for one of the two parcels at S West and W Broad is proposed. The rezoning to change the 101

Transitional designated property to Business is needed to meet the Special Exception application 102

minimum requirements, in which all properties must be within Business zoning districts to qualify. 103

(TR21-06) &(TO21-08)

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Zoning map amendments are evaluated primarily on their conformance and compatibility with the 104

comprehensive plan goals and objectives. Additional factors for supporting a rezoning include 105

trends of growth or change; encouragement of the most appropriate use of land throughout the 106

locality; and a development application’s ability to adequately address explicitly identified impacts 107

from the project. 108

109

Pursuant to Section 48-90 of the Zoning Code, City Council may provide for the regulation and 110

restriction of the use of land, buildings and structures in the respective zoning districts of the 111

city. The City Council may also allow, subject to appropriate conditions, for special exceptions 112

to specific regulations and restrictions of the designated zoning districts of the city. In 113

accordance with Section 48-90, the applicant is seeking special exceptions to allow (1) 114

residential development in a mixed-use project and (2) a height bonus of 21 feet above the 115

maximum height permitted in the B-1 zoning district to a total of 76 feet in height. 116

117

Section 48-455 authorizes the City Council, by special exception, to modify the requirements of 118

the B-1 zoning district to allow residential development within mixed-use development projects, 119

and to allow a height bonus of up to 30 feet, if Council determines that the project is exemplary 120

in terms of conformance with the criteria in section 48-90(d)(1) and (2), and the bonus shall 121

significantly assist in conformance with section 48-90(d)(2) and (3). The height bonus may also 122

be granted by the City Council for certain preferred uses. These uses must be located on the 123

primary street frontage portion of structures. These uses may include, but are not limited to, 124

entertainment uses, health clubs open to the public, theaters, art galleries, antique stores, clothing 125

stores, and restaurants with outdoor dining facilities, and will be incorporated into the special 126

exception conditions. 127

128

As described in the purpose and intent section of the Special Exception code, “The intent of 129

this subsection is to allow for the consideration of all opportunities to revitalize the office, 130

retail, hotel, and other commercial areas of the city. Residential uses will be considered if they 131

contribute significant positive net revenue benefits to the city and create a vibrant, walkable, 132

environmentally sustainable and inclusive community. Review of proposals will be guided by 133

the needs of the city, market and economic conditions, special characteristics of the parcel 134

being considered, and recommendations for the area as provided in the city's adopted small 135

area plans. These special exception applications will be reviewed using the following primary 136

and secondary criteria to evaluate how the proposed project contributes. Compliance with all 137

of the primary criteria is essential to the character and well-being of the city, whereas the 138

secondary criteria are discretionary in nature.” 139

140

COUNCIL, BOARDS & COMMISSIONS, AND COMMUNITY GROUPS COMMENTS 141

The following questions and comments were raised during Council work sessions and/or during 142

the Planning Commission’s Preliminary Board and Commission Work Shop. They are organized 143

by topic according to the Primary and Secondary Criteria for Special Exceptions. 144

145

Criterion (1) a. The resulting development conforms to the city's adopted comprehensive

plan, small area plans, and design guidelines

Comments Responses

Council – request for staff to show

generalized rendering of Broad Street

showing recent developments

Staff prepared a graphic showing recent

projects in the city’s designated Revitalization

Districts that have been constructed, are under

construction, approved, or under

consideration.

(TR21-06) &(TO21-08)

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By the numbers, there are 303 acres in the

City’s revitalization districts, and 94 acres

have been redeveloped or proposed for

redevelopment since the early 2000s. This

includes major redevelopments as well as

smaller reinvestments and minor site plans.

146

Criterion (1) b. The resulting development provides for significant new or renovated

commercial space and allows for a mix of commercial and residential uses

Comments Responses

Council – Percentage of residential is too

high;

Council - Want to see significant commercial

component

Council – Additional office space would be

beneficial; Can co-working space of 5,000 sq

ft be turned into true co-working space?

Council – Project strips away notion that SE

is supposed to bring substantial commercial

space

In the 2nd Submission, Applicant increased

commercial square footage from 15,950 SF to

20,848 SF (including 5,822 SF office space)

and decreased residential square footage from

283,820 SF to 245,186 SF

Council – What might 15K Sq. Ft of retail

space consist of?

Council – Founders Row brings unique uses

to Falls Church, this does not at this stage

Council – One member stated frustration with

Council trying to dictate commercial uses that

may not be a good fit for the site

Council – Request for staff to prepare a table

comparing commercial components of recent

projects

VPIS – Should be an expansion/

reorganization of commercial square footage

to include an “anchor” space

Per the August 20th VCs line 66, Of the

15,000 square feet, a minimum of 5,000

square feet will be designated for restaurant

uses. The Owner anticipates a variety of retail

sales uses and restaurant types, including, but

not limited to restaurants (either fast casual

or full-service), bakery/cafés, and

neighborhood-serving retail tenants.

Council – Residential unit mix is smart and

much needed in the city

147

Criterion (1) c. The resulting development produces substantial positive net new

commercial and residential revenue to the city.

Comments Responses

(TR21-06) &(TO21-08)

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Council – Continue using City’s

methodology for fiscal impact and public

service costs

Council – Fiscal impact of $200K would be

less than in other similar projects in City;

noted that reducing building height from 1st to

2nd submission reduced fiscal impact

Council – Pupil ratio and fiscal impact will

be part of future discussion as project

develops

Staff is continuing to use the standard

methodology for fiscal impact analysis and

public service costs.

The expected per-acre positive net fiscal

impact of the project is approximately

$210,000 per acre annually. By comparison

the median annual per-acre net fiscal impact

of previous projects is approximately

$270,000 and the average is $240,000.

148

Urban Design

Criterion (2) a. The resulting development is compatible with surrounding land uses and

planned land uses in size, bulk, and scale

Criterion (2) d. The resulting development contributes to a vibrant, pedestrian-oriented

environment, both on site and in relation to adjoining properties, with walkable street

level activity throughout the day and evening

Criterion (2) e. The resulting development offers purposeful and creative use of

landscaping, open space and/or public parks, public plazas, and walkways connecting to

adjoining properties that incorporates sustainable landscaping and green infrastructure

best practices for stormwater mitigation, urban heat island management and wildlife

habitat support

Comments Responses

Council – Appreciate updates to façade, keep

changing to differentiate from Founders Row

Council – Ellison St needs (design) work,

more masonry; how does building meet

Ellison, explore opportunities to replace

lawns with other landscaping that doesn’t

require mowers. Discuss with B&Cs.

AAB – Would like to see more detail as to

how project relates to and fits in with

surrounding area

AAB – Facades are monolithic and plain

In 2nd Submission, Applicant included more

masonry and glass along facades, as well as

color changes to differentiate between the two

“building” facades

In 2nd Submission, Applicant made several

updates to the architecture of the building in

the most recent submission; They have added

more masonry and tapered townhouse height

along Ellison. Applicant has also improved

upon public greenspace elements along

Ellison.

Council, PC – Concerns with scale and

massing, given Founders Row across the

street

Council – Confirmed building height along

Ellison is 30’

Single Family Homes along Ellison Street are

a by-right height allowance of 35’ to the

midline of the roof, so the proposed building

height of 30’ could be shorter than single

family houses.

(TR21-06) &(TO21-08)

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The taller portion of the proposed building is

set back 95’ from the adjacent properties on

Ellison Street.

Council – Concern RE: too much hardscape

and heat island; Discuss with B&Cs how to

include more landscape

Urban Forestry Commission – Provide 10%

Minimum tree canopy requirement, 10-15%

landscape/open space requirement

VPIS – Inadequate public greenspace on site

this size

Applicant has included green roof on western

roof and a rework public greenspace

(Amended Submission 2)

Staff Note: The City’s West End Small Area

Plan (the POA adjacent to this site),

establishes a goal of 15% canopy cover on

development sites of at least 5 acres. The

City’s MUR Overlay Zoning District (which

is not applicable to this application) requires

15 percent landscaped areas, inclusive of

streetscape plantings.

Council – Entrances on Ellison should only

access the townhomes. Want to see lobby

moved off Ellison

PC – Continue working to emphasize street

activation and pedestrian activity

Applicant confirmed building entrances along

Ellison will be directly to those units facing

Ellison Street. Applicant relocated lobby

entrance from Ellison St to S West St.

Arts and Humanities – How will arts be

factored into development? Use us as

resource.

VPIS – Inclusion of future public art should

be thought about during early design phase

PC – Consider creative uses for roof/public

spaces

AAB – Elevators and rooftop equipment to be

set back so that they are not visible from

street level

149

(TR21-06) &(TO21-08)

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Community Facilities and Uses

Criterion (2) b. The resulting development enhances or expands the existing community

facilities, such as including the schools, multimodal transportation facilities, streetscape and

public parking, and water and sewer systems (sanitary and stormwater) and utilizes green

rather than grey infrastructure to the fullest extent possible to manage stormwater and to

create a healthy and attractive environment for the community

Criterion (2) c. The resulting development provides community benefits, such as affordable

and/or workforce housing, as it is described in article VII of this chapter;

Criterion (2) f. The resulting development provides a variety of commercial and community

services and products that are attractive to and meet the needs of all city residents for

entertainment, public art, historic, and cultural resources, recreation, dining, retail, and an

array of consumable goods;

Criterion (2) g. The resulting development encourages local and independent businesses

Comments Responses (if applicable)

Council - Include contributions for sidewalks,

parks, SAP concepts, and Housing; priority

no longer schools and library, now housing

and lower AMI

Council – Request for a staff valuation of

entire VC package

Applicant’s August 20th VCs propose the

following cash contributions to offset

community impacts:

1. School Capital Cost – $310K Contribution

(equivalent to $1,250 per market rate unit)

2. Sidewalks - $100K towards City’s

“Missing Links” program

3. Library and Parks – $50K Contribution

(equivalent to $200 per market rate unit)

4. Stormwater Fund – $20K Contribution

Other infrastructure and environmental VCs

proposed that do not include a specific dollar

amount include:

1. Affordable Housing with 6% of units

(approx. 17 units) at 60% AMI and 6% of

units (approx. 17 units) at 80% AMI

2. Commitment to LEED gold certification

3. Publicly accessible open space

4. Utility Undergrounding & Streetscape

Improvements, approximate value $5-$8M,

5. Storm-water runoff reductions exceeding

city’s 10-year storm requirement by 20%

6. Ellison St Community Gateway,

7. Provision of 15 electric vehicle charging

stations

7. Bus Stop with Shelter

Council – 12% ADU is a positive

Council – Increased ADUs should be

considered against decreases in other VCs

offered

(TR21-06) &(TO21-08)

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PC – 12% ADU goal is terrific

PC / HSAC – Thank you for emphasizing

affordable housing and ADA Access to site

Library Board – Affordable housing model

seems unsustainable long-term

Council – Will utilities be undergrounded?

Yes, approximately 400ft along S West and

800ft along Ellison St

AAB – Include green roof and introduction of

bio-swales for stormwater mitigation

Urban Forestry Commission / SW Task

Force / VPIS – Please explore opportunities

for Green Infrastructure throughout

development. Coordinate with City Staff.

Council – Discuss with B&Cs how to

increase storm-water retention

Council - Proposed green roof seems small in

comparison to rest of roof

Applicant has included green roof on western

side of building and reworked public

greenspace

Library Board – City should have baseline

proffer package for public service costs

VPIS – Consider contribution to the Public

Library

Applicant has agreed to provide a

contribution of $50,000 (approximately $200

per market rate rental unit) in support of

future upgrades to City libraries and parks,

per draft Voluntary Concessions

150

Transportation and Environmental Sustainability

Criterion (2) h. The resulting development provides for a reduction of single-use parking

requirements through the use of shared parking and transportation demand management

strategies such as bikeshare, car-sharing, and other techniques

Criterion (2) i. The resulting development encourages multi-modal transportation through

design and other techniques, to reduce the reliance on single-occupancy vehicles, and

provides sheltered stops for mass transit whenever feasible;

Criterion (2) j. The resulting development utilizes Leadership in Energy and Environmental

Design (LEED) criteria in the design of the project The resulting development utilizes

(Leadership in Energy and Environmental Design) LEED criteria (or other rating systems

such as the WELL Building Standard) in the design of the project. to achieve high

standards for environmental sustainability and climate resilience. Certified projects are

encouraged to achieve LEED Gold or greater ratings and deliver a minimum 20 percent

improvement in energy performance.

Comments Responses (if applicable)

(TR21-06) &(TO21-08)

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Council – Pleased with LEED Gold goal

PC / ESC – Encouraged by sustainable

development, emphasis on LEED Gold and

suggests renewable energy opportunities on

roof.

Council - Need to address energy

performance goals in SE code

PC / ESC – OK with parking ratio, Parking

Reduction, should be allowable

CACT / ESC – TDM should emphasize

walkability to Metro and W&OD Trail

By past City practice, TDM goals for parking

reduction and trip reduction are set at SE

approval and the final TDM is approved by

Planning Commission at site plan.

Council – Ingress / Egress from site on S

West; how will auto access and turning

movements work

CACT – Work with City on Traffic Calming

to ease strain on surrounding neighborhoods,

improve traffic signals with Broad/West

CACT / ESC – Use Chapter 5 of Comp Plan

and Bicycle Master Plan as a guide

S West Entrance will be for residents only to

reduce traffic in neighborhood. Lobby

entrance on Ellison has been moved to S West

Broad street signal timing will be monitored

to allow for safe pedestrian crossing and calm

traffic

CACT / ESC – Include electrical vehicle

charging stations

Council – Current Voluntary Concessions fall

short of ESC recommendation for 5% EV

charging spaces with conduit for 50%

In the latest VCs line 379, the Owner agrees

that a minimum of 15 charging stations for

electric vehicles will be provided in the

project parking garage. The Owner further

agrees to provide conduit for the future

installation of fifteen additional charging

stations for electrical vehicles.

PC – Keep sidewalks open through

construction phases

Sidewalks will remain open through

construction unless approved by City

Manager’s office, per VCs line 568

151

152

STAFF ANALYSIS: 153 154 Site Characteristics 155

The subject site consists of two parcels as shown in Table 2. The existing uses on the site include 156

a former Rite Aid drug store, now vacant, and a one-story retail carpet/rug store commercial 157

building. The site is bounded by West Broad Street to the north, South West Street to the east, 158

and Ellison Street to the south. 159

160

Surrounding uses include single-family residential properties on Ellison Street and South West 161

Street, and future mixed use development Founders Row across the street at the corner of West 162

(TR21-06) &(TO21-08)

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Broad Street and North West Street, that is under construction. The current zoning and future 163

land use designations for the surrounding parcels are provided in the official maps. 164

165

Table 2 – Site Profile* 166

Properties

Square

Feet Acres

Existing

Zoning

Proposed

Zoning

Existing

Future

Land Use

Proposed

Land Use

Current Land

Use

1001 W. Broad St 14,977 0.34 B-1 No Change Mixed Use Mixed Use Mixed Use

1003 W. Broad St 75,434 1.73 B-1/T-1 T-1 to B-1 Mixed Use Mixed Use Mixed Use

Total 2.07

*Data from City of Falls Church Real Estate Assessor 167 168

Comprehensive Plan Analysis 169

The subject property is designated “Mixed use” in the City’s adopted “Future Land Use Map” 170

(Comprehensive Plan, Chapter 4). The proposed project generally conforms to the future land 171

use envisioned as a proposed mix of commercial, residential, and other uses. The application 172

includes a Rezoning Amendment for a portion of the proposal area. The requested Rezoning 173

Amendment would allow a large portion of the proposal area to be redeveloped at a higher 174

intensity. This change would allow the site to be developed in a way that is consistent with the 175

goals of Comprehensive Plan in achieving the City’s visions for a vibrant Broad Street corridor. 176

The site is not designated as a “Potential Redevelopment Site” in Figure 4-12 (dated 2005), page 177

54 of Comprehensive Plan Chapter Four, Land Use and Economic Development. However, 178

some of the goals in that chapter under West Street/West Broad Street Area are consistent with 179

the Founders II proposal, such as: 180

Consolidate parcels to allow larger scale and mixed use development 181

Consolidate entrances 182

Develop retail uses or retail appearance on the first floor of buildings on West Broad 183

Street 184

185

These goals are well suited to the subject property, as it is located in one of the city’s designated 186

Planning Opportunity Areas (POAs), in which, “there are numerous instances of underutilized 187

properties that could be subject to either additional development or redevelopment.” (Chapter 4, 188

page 52). Specifically, this property is included in POA 3 – West Street / West Broad Street 189

Area. The Comprehensive Plan calls for redevelopment efforts to provide a mixture of 190

commercial uses, with retail frontages along Broad Street, parcel consolidation, and pedestrian-191

oriented design. 192

193

The proposed development includes many of the elements called for in the City’s 194

Comprehensive Plan, including strategies outlined in several of the following chapters: 195

196

Chapter 3 – Community Character, Appearance, and Design 197

o GOAL 2. Strengthen the appearance and accessibility of the City’s commercial 198

corridors. 199

o GOAL 3. Encourage new development or redevelopment that includes a mixture 200

of uses, public gathering spaces, adequate landscaping, and on-site parking. 201

o GOAL 4. Develop higher density, more urban commercial areas in the City 202

Center and in the Gordon Road area. 203

204

Chapter 4: Land Use and Economic Development 205

o GOAL 2. Encourage sustainable development within the City. 206

(TR21-06) &(TO21-08)

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o GOAL 6. Guide land use and development such that it will not harm water quality 207

and will not increase stormwater management concerns. 208

o GOAL 9. Provide the appropriate level of commercial uses within the City that 209

meets the needs of residents and supports the economic vitality of the City. 210

o GOAL 11. Provide for mixed-use development areas composed of retail, office, 211

and residential uses. 212

o GOAL 12. Ensure that parking solutions enhance the character and efficiency of 213

commercial areas. 214

o GOAL 14. Promote efficient use of land within the City’s commercial corridors. 215

216

Chapter 5: Environmental Sustainability, Resilience and Natural Resources: 217

"Environment for Everyone" 218

o Strategy: Continue to expand space for tree plantings and stormwater control in 219

public areas, through increased street tree planting areas, greenways, park space, 220

urban agriculture, publicly recognized historic landscapes and other green 221

infrastructure. 222

223

Small Area Plan Analysis - West Broad Street Small Area Plan 224

This plan depicts the project site on the Concept Map as an area for redevelopment potential. It is 225

within an “Activity Node,” which is an area designated for greater concentrations of commercial 226

activity and directs that these nodes should be further developed to provide focus within the POA 227

and help concentrate activity to create vibrant areas. Additional analysis is provided below under 228

relevant Special Exception criteria. 229

230

Special Exception, Primary Criteria Analysis 231

Staff analysis against the primary criteria is provided below. 232

233

Criterion (1) a. The resulting development conforms to the city's adopted comprehensive 234

plan, small area plans, and design guidelines; 235

236

Land Use and Zoning 237

The proposed development is requesting a rezoning of approximately 0.9 acres of land from T-1 238

to B-1 along the Ellison Street frontage. The rezoning request is consistent with guidance in the 239

West Broad Street Small Area Plan (page 4-3), which identifies the subject area for possible 240

rezoning. 241

242

Density and Height 243

The West Broad Street Small Area Plan depicts the project site on the Concept Map (page 3-9) 244

as an area for redevelopment potential. It is within an “Activity Node,” which is an area 245

designated for greater concentrations of commercial activity and will most likely require taller 246

building heights to make redevelopment feasible. The Plan also notes that buildings should “step 247

down” to neighboring residential areas. The current Founders II plans show this stepdown along 248

Ellison Street with a building height of 30 ft. along Ellison Street and a building design that 249

mimics townhouse style development in architecture and with separate entrances directly onto 250

the sidewalk. 251

252

The proposed Floor Area Ratio (FAR) of the project is 3.6. By state code, revitalization districts 253

allow for densities of at least 3.0 Floor Area Ratio (FAR). Density greater than 3.0 floor area 254

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ratio is already being constructed across the street at Founders Row, located at the corner of W. 255

Broad Street and N. West Street. 256

257

Urban Design 258

The proposed project demonstrates many of the principles in the Comprehensive Plan. The 259

proposed mix of uses including retail and residences would help to establish a sense of place at a 260

key intersection that includes improved streetscape, quality architectural design, buildings in 261

close proximity to the roadway, and a defined building wall. 262

263

The Design Guidelines classify specific areas of the City under various “Sub-Areas”, each of 264

which identifies a “Community Character” that follows a defined set of design principles. The 265

development site falls in the Broad Street and Washington Street Corridors Sub-Area as 266

identified in the Design Guidelines, which envisions denser and larger scale development 267

strongly oriented to the pedestrian. The proposed project remains consistent with the vision for a 268

mixed-use development with higher density uses and pedestrian facilities along an active retail 269

frontage. 270

271

Criterion (1) b. The resulting development provides for significant new or renovated 272

commercial space and allows for a mix of commercial and residential uses; 273

274

The existing uses on the site include a former Rite Aid (13,963 Sq. Ft), which has been vacant 275

since July 2019, and a one-story commercial building with a larger storage area and smaller retail 276

storefront (carpet/ rug retailer/warehouse use, 11,223 Sq. ft. total). These existing buildings 277

together total approximately 25,186 SQ FT of commercial space based on the City’s real-estate 278

database. The combined parcels are assessed at $4,984,300 (2021), a decline from previous 279

years. This equates to a total assessed value of approximately $2.38 Million per acre. 280

281

Under Virginia state code, “encourage[ment of] economic development activities that provide 282

desirable employment and enlarge the tax base” is an allowable zoning purpose. In considering 283

the tax base of the current improvements vs the proposed, the recently completed projects at 301 284

W Broad Street and Lincoln at Tinner Hill have total assessed values of $77.63 million and 285

$76.89 million, respectively. This equates to a total assessed value of approximately $36.61 286

Million per acre and $36.44 Million per acre, respectively. 287

288

The proposed mixed use development provides approximately 20,848 Sq. Ft of commercial 289

space. The proposed retail uses could potentially offer a higher quality retail experience at a key 290

intersection with notable improvements in streetscape and retail frontage along W. Broad Street 291

and South West Street. As proposed, the commercial square footage would include 15,026 Sq. Ft 292

of retail and 5,822 Sq. Ft of office space. Not included in the tally of commercial footage is an 293

additional 5,000 Sq. Ft of co-working space that would be available to building residents. The 294

proposed project provides for a mix of commercial and residential uses totaling approximately 295

330,403 Sq. Ft of gross floor area with a 6 percent / 94 percent commercial/residential ratio. 296

297

The proposed project includes 12 percent or 34 of the 280 multifamily units as affordable units. 298

Half of those affordable units will be provided at 60% AMI and half at 80% AMI. These are 299

proposed to be maintained as affordable for the life of the project. Staff has requested that the 300

applicant provide an approximate square footage of the affordable housing component of the 301

project. 302

303

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Criterion (1) c. The resulting development produces substantial positive net new 304

commercial and residential revenue to the city. 305

306

As per the City’s Assessor’s office, the two properties combined have shown a steady decrease 307

in annual tax revenue to the City since 2014 ($62,067/yr to $33,230 by 2019). Since the Rite 308

Aid’s closure in 2019, the properties have a provided a total of $1,323 in total revenue. By 309

comparison, the neighboring West End Plaza produces about $112K per year in tax revenue. 310

311

According to the City’s fiscal impact analysis, the expected net fiscal impact for Founders Row 312

II is $433,602 annually. This equates to an expected positive net fiscal impact of approximately 313

$210,000 per acre annually. If public service costs are higher than expected due to a higher than 314

usual pupil ratio, then the net fiscal impact could be $145,318. 315

316

By comparison, previously constructed mixed-used projects have provided annual per-acre net 317

fiscal impacts ranging from negative $86,000 to positive $452,000. The median annual per-acre 318

net fiscal impact of previous projects is approximately $270,000 and the average is $240,000. 319

320

Special Exception, Secondary Criteria Analysis 321

Staff analysis against the secondary criteria is provided below. Also included below are 322

questions and comments raised during the City Council’s March 15, 2021 work session and the 323

Planning Commission’s Preliminary Board & Commission Workshop held on April 7, 2021. 324

325

Urban Design 326

Criterion (2) a. The resulting development is compatible with surrounding land uses and 327

planned land uses in size, bulk, and scale 328

329

The proposed building height along West Broad Street is approximately 80 Feet. In comparison, 330

the Founders Row project now under construction across the street has an approved building 331

height along West Broad Street of 79 Feet. As noted above, the City’s West Broad Street Small 332

Area Plan calls for taller buildings at this intersection. The Plan encourages higher density 333

redevelopment to allow for viability of ground-floor retail in mixed use buildings and to create 334

walkable destinations. The Plan also calls for retail uses that support surrounding residential 335

areas. Also as noted above, the subject site is included in a City Designated Revitalization 336

District, which calls for project of a density of 3.0 FAR or higher. 337

338

The West Broad Street Small Area Plan also discusses the importance of providing adequate 339

separation and transition to residential properties in this area. The Ellison Street elevation 340

provides a tapering in building height to create a softer edge adjacent to residential properties. 341

The proposed building height along Ellison Street is 30 ft. In comparison, the allowable building 342

height for neighboring single family houses is also 35 feet to the midline of the roof. 343

344

Criterion (2) d. The resulting development contributes to a vibrant, pedestrian-oriented 345

environment, both on site and in relation to adjoining properties, with walkable street level 346

activity throughout the day and evening 347

348

Appropriately programed ground floor and second floor commercial spaces can contribute to a 349

vibrant environment. More clarity and specificity on the intended uses is needed. The proposed 350

streetscape and associated amenities along W. Broad Street, S. West Street, and Ellison Street 351

would enhance the pedestrian experience and improve connections to adjoining properties in the 352

area. 353

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354

The developer will underground all aerial utilities on the project frontage along S West Street 355

and Ellison Street. Note the utilities along the W Broad St frontage are already underground and 356

would remain so. 357

358

Criterion (2) e. The resulting development offers purposeful and creative use of 359

landscaping, open space and/or public parks, public plazas, and walkways connecting to 360

adjoining properties that incorporates sustainable landscaping and green infrastructure 361

best practices for stormwater mitigation, urban heat island management and wildlife 362

habitat support 363

364

The proposed streetscape along the perimeter of the site offers improved connections to 365

surrounding uses and enhanced pedestrian experience. The most recent submission includes park 366

space at the corner of West and Ellison and a paved/plaza area along S West Street, both of 367

which would be accessible to the public. 368

369

370

Community Facilities and Uses 371

Criterion (2) b. The resulting development enhances or expands the existing community 372

facilities, such as including the schools, multimodal transportation facilities, streetscape and 373

public parking, and water and sewer systems (sanitary and stormwater) and utilizes green 374

rather than grey infrastructure to the fullest extent possible to manage stormwater and to 375

create a healthy and attractive environment for the community 376

377

Schools 378

Applying the city’s usual methodology, the project number of pupils is 35. 379

Applicant has proposed a voluntary concession of $310,000 (equivalent to approximately 380

$1,250 per market rate rental apartment) to offset the school capital costs as a result of the 381

project. 382

383

Libraries, Parks and Recreation 384

Applicant has proposed a library and parks cash contribution of $50,000 (equivalent to 385

approximately $200 per market rate rental apartment). By comparison, Broad & Washington 386

offered $500 per residential unit (Broad & Washington) and Founders Row offered $500 per 387

residential unit (Founders Row) plus an additional Library contribution at $.0.70 per Sq. Ft of 388

gross residential space, less ADUs. 389

390

Multimodal Transportation 391

Analysis included next section. 392

393

Water, Sewer and Stormwater 394

Applicant has agreed to conduct a sewer capacity analysis and will work with the City at Site 395

Plan to determine the necessity of sanitary sewer improvements. 396

Applicant has offered in the Voluntary Concessions to exceed the minimum requirements for 397

storm water runoff by an additional 20%. 398

Voluntary Concessions also include a $20,000 contribution to the City’s Stormwater Fund. 399

400

Criterion (2) c. The resulting development provides community benefits, such as affordable 401

and/or workforce housing, as it is described in article VII of this chapter; 402

403

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The developer is proposing an on-site Affordable Dwelling Unit (ADU) contribution in excess of 404

the “typical” 6% of all units at 60% of AMI. The following ADU contribution is proposed: 6% 405

of total units at 60% AMI, and 6% of total units at 80% AMI, for a total contribution of 12%. 406

This translates to 34 affordable homes of the 280 total homes proposed. 407

408

Criterion (2) f. The resulting development provides a variety of commercial and community 409

services and products that are attractive to and meet the needs of all city residents for 410

entertainment, public art, historic, and cultural resources, recreation, dining, retail, and an 411

array of consumable goods; 412

413

The proposed project includes 20,848 SQ FT of commercial space, including 15,026 SQ FT of 414

retail, 5,822 SQ FT of office space. 415

416

A marketing plan should be prepared as part of future submission to tailor the spaces for 417

community needs. 418

419

Criterion (2) g. The resulting development encourages local and independent businesses 420

421

Applicant will need to provide more information on how local and independent business will be 422

encouraged. 423

424

Transportation and Environmental Sustainability 425

426

Criterion (2) h. The resulting development provides for a reduction of single-use parking 427

requirements through the use of shared parking and transportation demand management 428

strategies such as bikeshare, car-sharing, and other techniques 429

430

The developer is recommending shared parking and a 17% parking reduction from the Zoning 431

Ordinance. Staff expects that there will be cyclists using the W&OD Trail as well as those using 432

MetroBus or MetroRail. The conceptual design provides for bike parking. 433

434

The proposal includes a commitment to developing and implementing a TDM plan that would 435

reduce onsite parking demand by 17 percent from City Standards; and reduce the number of PM 436

peak hour vehicle trips for the multi-family uses by 25 percent from ITE Trip Generation Manual 437

10th Edition predictions.). The TDM will be prepared as part of the Site Plan review and approval 438

process, which is consistent with recent project approvals. 439

440

Criterion (2) i. The resulting development encourages multi-modal transportation through 441

design and other techniques, to reduce the reliance on single-occupancy vehicles, and provides 442

sheltered stops for mass transit whenever feasible; 443

444 The project design and the TDM committed to within the voluntary concessions includes the 445

following strategies to encourage multi-mode transportation: 446

1) Bike racks and storage provided for retail employees, retail patrons, residents and 447

visitors 448

2) Sidewalks improved along property frontage to include landscaping and street 449

furniture to match with the character of the area 450

3) The proposal includes a commitment to construct a bus shelter. 451

4) Applicant has proposed a contribution of $100,000 to the City’s Missing Links 452

sidewalk program to build sidewalks in the vicinity of the project 453

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5) Applicant has proposed to construct a neighborhood gateway and improved 454

pedestrian crossing at the intersection of S West St and Ellison St 455

456

Criterion (2) j. The resulting development utilizes Leadership in Energy and Environmental 457

Design (LEED) criteria in the design of the project The resulting development utilizes 458

(Leadership in Energy and Environmental Design) LEED criteria (or other rating systems 459

such as the WELL Building Standard) in the design of the project. to achieve high standards 460

for environmental sustainability and climate resilience. Certified projects are encouraged to 461

achieve LEED Gold or greater ratings and deliver a minimum 20 percent improvement in 462

energy performance. 463

464

Applicant has agreed within the voluntary concessions to reach LEED Gold v4 standards (as 465

determined by a LEED Accredited Professional) and will exercise green design elements when 466

applicable in both the residential and commercial components of the development. The lack of 467

surface parking lots reduces the level of storm water runoff and, by extension, negative impacts 468

to the surrounding neighborhood. 469

470

Voluntary Concessions, Community Benefits, Terms and Conditions (VCs) 471

The list of Voluntary Concessions was first submitted with the June 8, 2021 resubmission. The 472

developer has proposed items such as cash contributions to City stormwater mitigation efforts, as 473

well as City libraries and parks. Applicant has also volunteered $1,500 per market rate apartment 474

in order of offset the school capital costs as a result of the project, as well as Affordable 475

Dwelling Unit (ADU) contribution for a total contribution of 12%, to address the city’s 476

community objectives to increase affordable housing. 477

478

Below is a summary of key preliminary Planning staff comments related to VC’s. The draft VC’s 479

are subject to continued staff and future review and updates with input from the City Council and 480

the City Attorney as the project moves through the public review process. 481

482

In general, the Founders Row 2, voluntary concession capital contributions are 483

substantially below recent other special exception projects. Specifically, the school 484

capital costs, library and parks & recreation facilities, and other community support, 485

such as the arts. 486

487

Proposed Automobile Parking 488

The developer is proposing an underground parking garage with 429 parking spaces, with 51 489

spaces for retail parking, 13 spaces for office parking, and 365 spaces for residential parking. 490

491

For the mix of uses proposed, the zoning ordinance requires 512 spaces, so Applicant is 492

requesting an overall reduction in parking of 83 spaces or 17%. The table below breaks down 493

overall parking and proposed parking by use. The zoning ordinance allows for the reduction of 494

parking with an appropriate Transportation Demand Management (TDM) plan. For recent 495

projects, TDM goals and general parameters have been specified at time of SE consideration, and 496

the TDM specifics have been defined at time of Site Plan consideration. 497

498

Use Proposed

Amount

Parking

Required by

Code

Proposed

Parking

Requested

Reduction

Commercial 15,026 sq. ft. 64 64 N/A

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Residential 319 units 519 365 30%

Entire Site See above 512 429 17%

499

Residential Parking Ratio: The Applicant needs to submit a draft TDM plan. TDM measures are 500

referenced in the Letter of Justification and mentions including bicycle storage, transit 501

incentives, and extensive resources conducive to teleworking for the proposed project. As a 502

result, the proposed parking reduction request will need to be reviewed further by staff. The 503

application proposes 365 spaces for the 280 multi-family units, which is a ratio of approximately 504

1.3 space per unit. 505

506

The table below provides a summary of residential parking at recently approved projects with 507

rental apartments. The table shows the number of units, parking required by code, parking 508

provided under an approved TDM and/or parking management plan, and the number of vehicles 509

registered (which is a reasonable approximation of the number of spaces in use). Note that at all 510

three completed projects there are fewer vehicles registered than there are housing units, which 511

indicates that projects can meet parking demand with fewer spaces than strictly required by city 512

code. The requested parking ratio for the Founders Row II Project is consistent with vehicle 513

registrations at other projects in the city. 514

515

Table 3 – Residential Parking Comparison 516

Project**** Number of Residential

Units

Parking Required By Code

Parking Approved with

TDM Plan

Approved Parking Ratio

Number of Registered

Vehicles

Registered Vehicles per

Unit

301 W Broad* 288 467 346 1.20 266 0.92

Lincoln at Tinner Hill*

224 331 235

(+136 shared) 1.04** 183 0.82

Northgate* 105 158 158 shared N/A*** 98 0.93

Founders Row 394 658 516 1.31 N/A N/A

Broad & Washington

339 531 338 1.00 N/A N/A

Founders II (Proposed)

280 448

*All three projects are considered to have reached full occupancy. Note that the real estate industry accepts a limited amount of vacancy to accommodate resident turnover as part of normal leasing activity **The ratio is based on the 235 dedicated residential parking and does not include the shared parking numbers ***No dedicated residential spaces were indicated on the approved site plan, so a ratio here would not be direct comparison with other projects based on dedicated spaces **** For comparison, the unit mix for these projects is as follows: 301 W. Broad includes 30 studios, 158 one-beds, and 100 517 two-beds; Tinner Hill includes 155 one-beds and 69 two-beds; Northgate includes one studio, 50 one-beds, 44 two-beds, and 518 10 townhome units; Founders Row includes two studios, 258 one-beds, and 134 two-beds; and Broad and Washington 519 includes 48 studios, 198 one-beds, and 93 two-beds. Code requires 1.0 per studio unit, 1.5 per one-bed unit, and 2 per two-520 bed or larger unit. 521

522

Staff Review Comments (Submission #2) 523

The City staff has reviewed the second submission of the application package, received on June 524

8, 2021, for the proposed mixed-use development project at 1001 & 1003 West Broad Street. 525

Staff review comments were compiled and transmitted to Applicant in a letter, dated July 12, 526

2021. 527

528

The submission 2 materials include the following main documents: 529

1. Cover letter, application and disclosure forms, checklist, project narrative statement 530

2. Architectural packet with Conceptual Elevations 531

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3. Conceptual development plan 532

4. Traffic Impact Study 533

5. List of Voluntary Concessions (First Submission of VCs) 534

535

Following the July 19, 2021 work session, Applicant submitted revised plan sheets to address 536

comments received from Council and staff review of Submission 2. The materials resubmitted 537

include: 538

1. Revised sheets A1.0 – A1.4 & A1.6 539

2. Revised Voluntary Concessions (Dated August 20, 2021) 540

541

PUBLIC COMMENTS: 542

Members of the surrounding neighborhood have set up a “mailing list” in order for staff to more 543

efficiently communicate with them on future meetings and updates for the project. 544

545

No Public Comment has been received since the July 19, 2021 work session. 546

547

FISCAL IMPACT: 548

According to the City’s fiscal impact analysis, the expected net fiscal impact is $433,602 549

annually. If public service costs are higher than expected due to a higher than usual pupil ratio, 550

then the fiscal impact could be as low as $145,318. 551

552

Public service costs associated with development proposals are largely driven by expected 553

student pupil ratios. Under federal fair housing laws, family status is a protected class, and 554

Planning Staff does not recommend approval or denial of applications based on this information. 555

The pupil ratios used in these fiscal runs reflect pre-COVID pupil ratios from the 2019 – 2020 556

school year, per the types of units proposed and the number of actual pupils residing in those unit 557

types at Pearson Square, Northgate, the Read Building, 301 West Broad, and the Lincoln 558

projects. Based on these example projects, the expected number of pupils for this project is 35 559

pupils. As with previous fiscal impact evaluations, an inflation factor of 50% was applied as a 560

‘what if’ scenario. With that inflation factor, the number of pupils would be 53. 561

562

TIMING: 563

Below is a tentative schedule, which includes a proposed date for consideration of first reading. 564

565

Application Submission #1 November 17, 2020 566

Econ. Development Committee (EDC) Mtg. February 25, 2021 567

City Council Work Session March 15, 2021 568

Planning Commission Board and Commission Workshop April 7, 2021 569

Application Submission #2 June 8, 2021 570

City Council Work Session July 19, 2021 571

Neighborhood Walking Tour July 29, 2021 572

City Council Work Session September 13, 2021 573

City Council Work Session September 20, 2021 574

City Council 1st Reading and Referral September 27, 2021 575

Board and Commission Review Oct - Nov 2021 576

City Council Review of Board & Commission Comments November 15 2021 577

Resubmittal(s), Review, and Work Sessions Winter/Spring 2022 578

City Council Public Hearing and 2nd Reading Spring 2022 579

580

*All future dates are tentative 581

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582

ATTACHMENTS: 583

1. Founders Row II Revised Submission #2 SE Materials – Revised August 20, 2021 584

2. Founders Row II Markup Submission – Submitted August 25, 2021 585

3. Founders Row II Justification Letter – June 8, 2021 586

4. Founders Row II Revised Voluntary Concessions – Revised August 20, 2021 587

5. Staff Comment Letter Issued to Applicant – July 14, 2021 588

6. Staff Comments Memos, Submission #2– Vary July, 2021 589

7. Staff Comment Memos, Revised Submission #2 – September 1, 2021 590

8. Staff Markup Voluntary Concessions, Revised Submission #2 – September 1, 2021 591

9. Falls Church Revitalization District Map 592

10. Voluntary Concessions Comparison Chart – Revised September 22, 2021 593

594

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(TO21-08) 595

596

ORDINANCE TO AMEND THE OFFICIAL ZONING DISTRICT MAP OF THE CITY 597

OF FALLS CHURCH, BY REZONING APPROXIMATELY .98 ACRES OF LAND 598

FROM T-1, TRANSITIONAL TO B-1, LIMITED BUSINESS LOCATED AT 599

1001&1003 WEST BROAD STREET (REAL PROPERTY CODE NUMBERS 52-102-600

065 & 52-102-060) ON APPLICATION BY MILLCREEK RESIDENTIAL TRUST, 601

LLC 602

603

THE CITY OF FALLS CHURCH HEREBY ORDAINS THAT the Official Zoning 604

District Map of the City of Falls Church, Virginia, is amended upon application of Millcreek 605

Residential Trust, LLC by rezoning of the following described property from T-1, Transitional 606

District, to B-1, Limited Business District, to be developed only in accordance with the 607

associated Special Exception under TR21-06, approved by the City Council on [DATE], 608

609

Description of the property in the City of Falls Church to be rezoned from T-1 to B-1: 610

611

Written Metes & Bounds Description of the Property 612

613

“BEGINNING AT A POINT IN THE NORTH RIGHT-OF-WAY LINE OF 614

ELLISON STREET, SAID POINT BEING THE SOUTHEAST CORNER OF 615

LOT 21, FOWLER’S ADDITION TO WEST FALLS CHURCH AS 616

RECORDED IN DEED BOOK P-12 AT PAGE 49; THENCE WITH LOT 21, N 617

38° 36’ 20” E, 150.00 FEET TO A POINT IN THE SOUTH LINE OF LOT 30; 618

THENCE WITH THE SOUTH LINE OF LOTS 30, THE SAME COURSE 619

CONTINUED THROUGH LOT 22, FOWLER’S ADDITION TO FALLS 620

CHURCH AS RECORDED IN DEED BOOK 3138 AT PAGE 629, S 51° 23’ 621

40” E, 210.42 FEET TO A POINT; THENCE CONTINUING THROUGH LOT 622

22, THE SAME COURSE CONTINUED WITH THE SOUTH LINE OF LOT 623

26, FOWLER’S ADDITION TO WEST FALLS CHURCH AS RECORDED IN 624

DEED BOOK P-12 AT PAGE 49, S 32° 25’ 40” E, 104.94 FEET TO A POINT 625

IN THE WEST RIGHT-OF-WAY LINE OF SOUTH WEST STREET; THENCE 626

WITH THE WEST RIGHT-OF-WAY LINE OF SOUTH WEST STREET, S 57° 627

29’ 30” W, 128.00 FEET TO A POINT; THENCE N 62° 19’ 53” W, 29.38 FEET 628

TO A POINT IN THE SOUTH RIGHT-OF-WAY LINE OF ELLISON STREET; 629

THENCE WITH THE SOUTH RIGHT-OF-WAY LINE OF ELLISON STREET, 630

90.26 FEET WITH THE ARC OF A CURVE BEARING TO THE LEFT AND 631

HAVING A RADIUS OF 375.41 FEET, (TANGENT LENGTH 45.35 FEET, 632

CHORD LENGTH 90.04 FEET, CHORD BEARING N 44° 30' 24" W) TO A 633

POINT; THENCE N 51° 23' 40" W 150.00 FEET TO THE POINT OF 634

BEGINNING AND CONTAINING AN AREA OF 43,015 SQUARE FEET OR 635

0.9875 ACRES.” 636

637

The combined properties would be zoned B-1, Limited Business District, and total 2.075 acres in 638

land area. 639

640

1st Reading: 641

2nd Reading: 642

(TO21-08) 643

644

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(TR21-06) 645

646

RESOLUTION TO GRANT A SPECIAL EXCEPTION FOR RESIDENTIAL 647

USES WITHIN A MIXED USE DEVELOPMENT PROJECT AND TO 648

INCREASE THE BUILDING HEIGHT WITH A BONUS OF THIRTY (30) 649

FEET TO A MAXIMUM HEIGHT OF EIGHTY-FIVE (85) FEET FOR A 650

MIXED-USE DEVELOPMENT PROJECT ON APPROXIMATELY 2.07 651

ACRES OF LAND LOCATED AT 1001&1003 WEST BROAD STREET REAL 652

PROPERTY CODE NUMBERS 52-102-065 & 52-102-060) ON APPLICATION 653

BY MILLCREEK RESIDENTIAL TRUST, LLC 654

655

WHEREAS, on May 12, 2003, City Council adopted Ordinance 1734, which amended Chapter 656

38, “Zoning”, of the Code of the City of Falls Church to amend the special 657

exception process within the business districts to allow for appropriate mixed-uses 658

and additional height bonuses by special exception; and 659

660

WHEREAS, an application for a Special Exception to allow residential uses within a business 661

district in a mixed-use development project and a Special Exception for a height 662

bonus have been submitted by Millcreek Residential Trust, LLC (“the Applicant”) 663

pursuant to Section 48-488 (2) in conformance with the procedure set forth in 664

Section 48-90 of the City Code; and 665

666

WHEREAS, a concurrent application for an Official Zoning Map change (Rezoning) to amend 667

the map from T-1, Transitional to B-1, Limited Business district has been 668

submitted by the Applicant pursuant to Section 48-85 in conformance with the 669

procedure set forth in Section 48-86 of the City Code and City Council approval 670

is required, as a prerequisite for the Special Exception; and 671

672

WHEREAS, the application proposes a development comprising a total building/floor area of 673

approximately 330,403 gross square feet on approximately .2.076 acres of land 674

and an increase in building height by up to thirty feet (30) to six (6) stories or 675

maximum of 85 feet [instead of the B-1, Limited Business district fifty-five (55) 676

foot height maximum]. The mixed-use development is proposing a maximum of 677

280 multifamily residential rental apartment units with total residential at 678

approximately 309,555 gross square feet, approximately 5,822 gross square feet 679

of office, and approximately 15,026 gross square feet of commercial 680

retail/service/restaurant space facing externally along West Broad Street and S 681

West Street, totaling approximately 20,848 gross square feet of commercial; and 682

683

WHEREAS, in order to achieve the development as proposed, the application requests a 684

Special Exception for a height bonus and to allow residential uses within a mixed-685

use development project in a business district as shown in the Special Exception 686

applications, including the Conceptual Development Plan, dated August 20, 2021 687

and 688

689

WHEREAS, the applications for the Special Exceptions and Official Zoning Map changes have 690

also been referred to various citizen boards and commissions for public review 691

and comment; and 692

693

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WHEREAS, the applications for the Special Exceptions and associated Official Zoning Map 694

change, have been referred to the Planning Commission, which conducted a 695

public hearing and recommended to the City Council, and this recommendation 696

has been received and considered; and 697

698

WHEREAS, City Council has duly advertised and conducted a public hearing to receive public 699

comments on the application for these Special Exceptions with a public hearing 700

held on [DATE]; and 701

702

WHEREAS, City Council has considered the application, the requirements of Section 48-90 703

and Section 48-488 (2) of the City Code, the recommendation of the Planning 704

Commission, comments from boards and commissions, and public comments; and 705

706

WHEREAS, City Council considered the subject properties’ unique characteristics and the 707

community benefits derived as a result of the proposed development, and 708

determined that this particular project is acceptable for these parcels at this time, 709

with the understanding that a similar project might not be appropriate on other 710

parcels; and 711

712

WHEREAS, State law provides that Special Exceptions may be granted by the local governing 713

body subject to conditions pursuant to Code of Virginia Sec. 15.2-2286(A)(3) that 714

allow their issuance "under suitable regulations and safeguards" and that each 715

special exception case shall rest on its own merits and the uniqueness of each 716

piece of land; and in particular, that the ratio of commercial and residential uses 717

approved herein are unique to this site; and 718

719

WHEREAS, City Council also considered the public interest in improving the subject property 720

as part of overall economic development efforts to stimulate commercial 721

redevelopment and enhance the commercial tax base to support City services; and 722

723

WHEREAS, the Developer has submitted the “Voluntary Concessions, Community Benefits, 724

Terms and Conditions for Founders Row II” dated August 20, 2021 to the City in 725

order to further ensure consistency with the City of Falls Church’s adopted 726

Comprehensive Plan, the adopted West Broad Small Area Plan, and other relevant 727

policies and in support of the Special Exception; and 728

729

WHEREAS, City Council finds that the proposed project has met the primary criteria as listed 730

in Section 48-90, (d), (1) a, b and c of the Falls Church City Code as follows: 1) 731

the resulting development conforms with the City’s adopted Comprehensive Plan, 732

Small Area Plan, and Design Guidelines; 2) The resulting development provides 733

for significant new or renovated commercial space and allows for a mix of 734

commercial and residential uses; and 3) The resulting development produces 735

substantial positive net new commercial and residential revenue to the city; and 736

737

WHEREAS, City Council finds that the proposed project has met the secondary criteria as 738

listed in Section 48-90, (d), (2) a-j of the Falls Church City Code as follows: 1) 739

the resulting development is compatible with surrounding land uses and planned 740

land uses in size, bulk, and scale; 2) the resulting development enhances or 741

expands the existing community facilities, such as schools, multi-modal 742

transportation facilities, streetscape and public parking, and water and sewer 743

(TR21-06) &(TO21-08)

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systems (Sanitary and Stormwater), and uses green rather than grey infrastructure 744

to the fullest extent possible to manage stormwater and to create a healthy and 745

attractive environment for the City; 3) the resulting development provides various 746

community benefits, such as providing open space, streetscape improvements, and 747

affordable and/ or workforce housing as it is described in article VII of this 748

chapter; 4) the resulting development contributes to a vibrant, pedestrian-oriented 749

environment, both on site and in relation to adjoining properties, with walkable 750

street level activity throughout the day and evening; 5) the resulting development 751

offers purposeful and creative use of landscaping, open space and/or public parks, 752

public plazas, and walkways connecting to adjoining properties that incorporates 753

sustainable landscaping and green infrastructure best practices for stormwater 754

mitigation, urban heat island management and wildlife habitat support; 6) the 755

resulting development provides a variety of commercial and community services 756

and products that are attractive to and meet the needs of all city residents for 757

entertainment, public art, historic and cultural resources, recreation, dining, retail, 758

and an array of consumable goods; 7) the resulting development includes and 759

encourages local or independent businesses; 8) the resulting development 760

provides for a reduction of single-use parking requirements through the use of 761

shared parking and transportation demand management strategies such as 762

bikeshare, car-sharing, and other techniques; 9) the resulting development 763

encourages multi-modal transportation through design and other techniques as 764

well as its connection to the W&OD Trail, to reduce the reliance on single-765

occupancy vehicles, and provides sheltered stops for mass transit whenever 766

feasible; and 10) the resulting development utilizes (Leadership in Energy and 767

Environmental Design) LEED Gold criteria (or other rating systems sych as the 768

WELL Building Standard) in the design of the project to achieve high standards 769

for environmental sustainability and climate resilience. Certified projects are 770

encouraged to achieved LEED Gold or greater ratings and deliver a minimum 20 771

percent improvement in energy performance; and 772

773

WHEREAS, City Council finds that the proposed project provides significant community 774

benefits, including, but not limited to the following: 775

776

important, large assemblage and consolidation of two properties; 777

three levels of garage parking, two below-grade and one at-grade; 778

ground level storefront commercial spaces; 779

various community benefits including (12%) affordable housing, school 780

capital cost contributions, parks and recreation contributions; 781

planned streetscape improvements on W Broad and S West Streets; 782

bicycle storage and “Bike Share” facility location; 783

sustainable LEED certified buildings; and 784

785

WHEREAS, the commercial and residential height bonus of up to 30 feet for the mixed-use 786

development as generally shown in the Special Exception application, which 787

includes the Conceptual Development Plan, dated August 20, 2021 shall be 788

permitted as City Council finds that the bonus shall significantly assist in the 789

conformance with Section 48-90 (d) (1) a, b and c of the City Code, and 790

791

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Falls 792

Church, Virginia, that in conjunction with the associated Rezoning action and in consideration 793

(TR21-06) &(TO21-08)

of 25

whereof, pursuant to Sections 48-90 and 48-488 of the Falls Church City Code, that the Special 794

Exception for residential use within the proposed mixed-use development project and height 795

bonus within the mixed-use development project is hereby granted and approved, subject to the 796

following conditions: 797

798

1. The Developer’s Voluntary Concessions, Community Benefits, Terms and 799

Conditions for Founders Row II, dated August 20, 2021 (“voluntary 800

concessions”), for Special Exception for Residential Development and Height 801

Bonus for a Mixed Use Development at the subject site, and all the terms and 802

conditions thereof, shall be a condition for the issuance and approval of the 803

Special Exception; and the City Manager is hereby authorized and directed to 804

execute the voluntary concessions on behalf of the City; and 805

806

2. The development of the site shall generally be in accordance with the Special 807

Exception Application dated November 30, 2020 and Conceptual 808

Development Plans, dated November 20, 2020 and revised through August 809

20, 2021; and 810

811

3. Construction of this project shall commence within three (3) years from date 812

of adoption of this resolution; and 813

814

4. Violation of any of the conditions of this Special Exception shall be grounds 815

for revocation of the Special Exception by City Council. 816

817

Referral: 818

Adoption: 819

820

821

* Voluntary Concessions TO BE ATTACHED 822

823

824

825

1 city of falls church title: (to21-08) official zoning

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