STATEMENT OF COMPLIANCE

APPLICATION OF THE COMMONWEALTH OF AUSTRALIA, REPRESENTED BY THE AUSTRALIAN EMBASSY 1601 Massachusetts Avenue, NW (Square 181, Lot 162)

1. Introduction

The Commonwealth of Australia, represented by the Australian Embassy, Washington DC

(the “Embassy” or the “Applicant”), proposes to remove the existing Australian chancery building at 1601 Massachusetts Avenue, NW (Square 181, Lot 162) and replace it with a new chancery building.1 The building will contain chancery office space, conference and meeting rooms, consular services, and accessory space. The replacement chancery building’s height, density, and lot occupancy will be generally consistent with that of the existing chancery building.

As further detailed below, Foreign Missions Board of Zoning Adjustment (“FMBZA”) review is required for the proposed replacement chancery. The FMBZA has exclusive jurisdiction to review the proposed project pursuant to Section 206 of the Foreign Missions Act (22 USC

§ 4306) (the “Act”) and Subtitle X, Chapter 2 of the 2016 Zoning Regulations (“DCMR 11”), including public space approval and historic preservation approval pursuant to 11X DCMR §§

201.8 and 203.7. The Act makes it clear that provisions of law other than the Act "shall apply to chanceries only to the extent that they are consistent with this section." 22 USC § 4306(j). Further,

"[N]o act of any Federal agency shall be effective to confer or deny any benefit with respect to any foreign mission contrary to this Chapter." 22 USC § 4307. The final determination made by the

FMBZA concerning the location, replacement or expansion of a chancery “shall not be subject to

1 “Chancery” is defined in the Zoning Regulations and in the Foreign Missions Act as “[t]he principal offices of a foreign mission used for diplomatic or related purposes, and annexes to such offices (including ancillary offices and support facilities), including the site and any building on such site that is used for such purposes.” 11B DCMR § 100.2; 22 USC § 4302. Board of ZoningBoard Adjustment of Zoning Adjustment District of ColumbiaDistrict of Columbia CASE NO.19557 Case No. 19557 EXHIBIT NO.10 10 the administrative proceedings of any other agency or official” except as provided by the Act.” 22

USC § 4306(c)(3).

2. Description of Property, Zoning History, and Existing Chancery

The property at 1601 Massachusetts Avenue, NW is known as Square 181, Lot 162 (the

“Site”). The Site contains approximately 30,314.914 square feet of land area (measured dimension) and is bounded on three sides by public space: 16th Street to the east, Scott Circle and

Massachusetts Avenue to the south, and a public alley to the west. The First Baptist Church of the

City of Washington abuts the Site to the north. The Site is located in the MU-15 zone district and is a non-contributing building within the Sixteenth Street Historic District.

The Site has been used for chancery purposes since the mid-1960s. The existing chancery building was approved in BZA Order Nos. 8340 and 8665, dated September, 1965 and April, 1966, respectively. The BZA also approved an addition to the existing chancery building and a penthouse that exceeds one-third of the total roof area in BZA Order No. 11590, effective March, 1974.

The existing chancery building has an overall floor area ratio of 5.35, a maximum building height of 90 feet,2 and a lot occupancy of 80%. The building contains 90 parking spaces in a below- grade parking garage accessed from a curb cut and ramp on Massachusetts Avenue, with an exit ramp onto 16th Street. The building includes one loading berth accessed from the public alley to the west of the Site. As described below, the Applicant proposes to raze the existing chancery building and replace it with a new chancery building within generally the same building envelope.

2 The SP Zoning Regulations in place when the existing chancery building was approved and constructed permitted a maximum matter-of-right non-residential density of 5.5 FAR and a maximum building height of 90 feet. The current MU-15 Zoning Regulations permit (i) a maximum matter-of-right density of 4.0 FAR (4.8 FAR with Inclusionary Zoning) of which 2.5 FAR may be devoted to non-residential use; and (ii) a maximum matter-of-right building height of 65 feet (70 feet with Inclusionary Zoning). See 10G DCMR §§ 602.1 and 603.1.

2 #51276399_v6 A full comparison of the zoning tabulations for the existing and proposed buildings is included on the Self-Certification Form included with this application.

3. Description of Proposed Use

The Embassy proposes to construct a new chancery building on the Site that contains chancery office space, conference and meeting rooms, consular services, and other ancillary uses to the chancery use. The new building will reduce the existing Site density to approximately 4.32

FAR (1.04 FAR less than the existing Site density) and maintain the existing building height of 90 feet. The lot occupancy will increase slightly to approximately 86.3%, which in part is a result of extending the building footprint to the south property line, along Massachusetts Avenue and 16th

Street. There will be a 1.83-foot side yard along the public alley on the west side of the Site and a

0.83-foot side yard on the east side of the Site, whereas side yards currently do not exist at the Site.

The project will relocate the existing Massachusetts Avenue parking garage, and the existing 16th Street exit to the public alley, thus eliminating the existing curb cuts and reducing potential vehicular and pedestrian conflicts. The garage will include 91 vehicle parking spaces.

One loading berth, one loading platform, and one service/delivery loading spaces will be provided, also accessed from the alley. A sally port to screen vehicles prior to entering the building will be located adjacent to the garage entrance ramp, also along the alley. Bicycle parking and shower/changing facilities will be provided in amounts consistent with the Zoning Regulations; however, as described below, the long-term bicycle parking spaces will be provided in a covered shelter on the Site adjacent to the building.

The main entrance to the building will be from Massachusetts Avenue, with extensive landscaping in the public space along all street frontages that are consistent with the District’s vernacular and interspersed with feature Australian stone paved courtyards. A light well at the

3 #51276399_v6 southwest corner of the building, along the Massachusetts Avenue frontage, will provide natural light to the Consular Section on the lower level of the building. The plan for this light well includes a landscaped cascading water feature. The building’s roof features extensive solar panels and a green roof. The architectural drawings included in this application provide more complete information about the proposed building design, materials, and uses.

4. The proposed chancery replacement is consistent with the Foreign Missions Act and the Zoning Regulations.

The Act and Subtitle X, Chapter 2 of the Zoning Regulations govern the location, replacement, and expansion of chanceries. The proposed chancery replacement in this application is consistent with both the Act and the Zoning Regulations. Because the proposed chancery replacement meets the six criteria for approval, as set forth below, the proposal should not be disapproved.

A. The International Obligation of the United States.

The United States has an international obligation to facilitate the provision of adequate and secure facilities for foreign missions in the Nation's Capital. See 22 USC § 4306(d)(1); D.C.

Official Code § 6-1306(d)(1); 11X DCMR § 201.8(a). Favorable action by the FMBZA on this application would fulfill the international obligation of the United States. The U.S. Department of

State supports the filing of this application, and will be filing a report prior to the public hearing.

B. Historic Preservation, as Determined By The FMBZA.

In order to ensure compatibility with historic landmarks and districts, the Act requires substantial compliance with District of Columbia and federal regulations governing historic preservation, with respect to new construction and to demolition of or alteration to historic landmarks and contributing resources within historic districts. Pursuant to FMBZA Order

4 #51276399_v6 No. 18131-A, Application of the Embassy of the People’s Republic of China, dated May 18, 2011, the FMBZA found the following:

While "substantial compliance" is not defined in the Foreign Missions Act or the Zoning Regulations, in Sheridan-Kalorama Historical Ass'n. v. Christopher, 49 F.3d 750, 311 U.S. App. D.C. 16 (D.C. Cir. 1995), the United States Court of Appeals for the District of Columbia Circuit noted that “’compliance’ with these laws is not as much a matter of meeting any specific standard as it is of submitting the proposal to the appropriate regulatory body or bodies for review and comment," 49 F.3d at 759, 311 U.S. App. D.C. at 25. In that case, the court found substantial compliance through the referral of the application to the Mayor's Agent for Historic Preservation.

See also FMBZA Order No. 18049, Application of the Republic of Trinidad and Tobago, dated

May 14, 2010, and FMBZA Order No. 17886-A, Application of the Republic of South Africa, dated April 14, 2009. Nonetheless, the Act requires that satisfaction of the historic preservation criteria be determined by the FMBZA.

This project will include the demolition of the existing Chancery building located in the

Sixteenth Street Historic District. Completed in 1969, the existing Chancery is a seven-story, off- white Tennessee marble-clad, concrete, glass, and steel office building. The building is rectangular in plan. It features a flat roof with a mechanical penthouse, setback from the building line, and an underground parking facility. Both the main pedestrian entrance and the entrance to the parking level are located in the south (Massachusetts Avenue) elevation. In addition, a small landscaped plaza featuring concrete planters is located between the building and the Massachusetts Avenue sidewalk. Although the chancery is located within the Sixteenth Street Historic District, its date of construction lies outside of the Period of Significance for the district (1815-1959), and the building, therefore, is considered a non-contributing resource.

The Applicant's representatives have met on several occasions with the Historic

Preservation Office (DCHPO) to discuss the project, and will continue to refine the project design

5 #51276399_v6 as necessary and appropriate to address all relevant concerns raised by DCHPO to the extent possible. The proposed building has been designed by the Melbourne, Australia-based architectural firm of BatesSmart, a firm that is well known for a high degree of detail and attention to architectural excellence. The Applicant's team also includes EHT Traceries, the preeminent architectural history firm in the city, which is advising on the historic preservation considerations and the compatibility of the new construction with the character of the historic district.

i. Demolition

As stated previously, the proposal includes demolition of the existing building on the Site, which is considered by the DCHPO as a non-contributing resource within the Sixteenth Street

Historic District and, therefore, its demolition does not fall under the purview of the DC historic preservation law.

ii. Compatibility

The proposed design for the building is a product of the Embassy’s programmatic requirements and aesthetic desires, as well as the need for the building to be a compatible component of the Sixteenth Street Historic District. The DC HPRB has adopted a series of Design

Guidelines that provide guidance and direction to architects and owners in the design of new buildings and additions in historic districts. The guidelines include the section, “New Construction in Historic Districts,” which provides a framework for evaluating the compatibility of a proposed design. This document outlines four design principles for new buildings and sites:

1. The key to the design of a new building that enhances the existing environment is its compatibility with neighboring buildings.

2. Compatibility is achieved through careful attention to the following design principles of building: Setback, Orientation, Scale, Proportion, Rhythm, Massing, Height, Materials, Color, Roof Shape, Details and Ornamentation, Landscape Features.

6 #51276399_v6 3. Compatibility does not mean exact duplication of the existing building or environment. A new building should be seen as a product of its own time.

4. To reproduce a historic building, or to copy exactly a style from the past creates a false sense of history. By relating to the existing buildings and the environment, but being of its own time, a new building shows a district’s evolution just as the existing buildings show its past.

In addition, the Secretary of the Interior’s Standards for Rehabilitation contains language that is relevant to new construction, stating that:

9. New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work will be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment.

10. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

Considering the full spectrum of architectural resources within the historic district’s Period of Significance, and applying the design principles outlined in the Design Guidelines, an evaluation of the proposed design for the new chancery building concludes that it is compatible with the overall character of the Sixteenth Street Historic District. Further, this Site is located within the Embassy Row, a portion of Massachusetts Avenue running from Wisconsin Avenue,

NW to Scott Circle, as described in the Foreign Missions and International Organizations Element of the Comprehensive Plan for the National Capital. It is associated with the formal chancery building type that characterizes the architecture of foreign missions, and it holds a key position at

Scott Circle, which, like the Site, falls within the Sixteenth Street Historic District. An assessment of the compatibility of the proposed design to the Sixteenth Street Historic District follows:

Setback: Located at the intersection of Sixteenth Street and Massachusetts Avenue at Scott

Circle, the Australian chancery building faces these two principal thoroughfares, sited

7 #51276399_v6 contiguously with the east and south building lines. The siting is consistent and therefore compatible with that historically established throughout the Sixteenth Street Historic District.

Orientation: The front elevation and main entrances to the proposed chancery are oriented to the south fronting on Massachusetts Avenue, NW and Scott Circle. This proposed entrance orientation is in keeping with the adjacent Embassy of Philippines Consular Section to the west, across the alley at 1617 Massachusetts Avenue, as well as other neighboring buildings along

Massachusetts Avenue. The proposed building’s orientation, therefore, is consistent with that of

Embassy Row and compatible with other buildings within the Sixteenth Street Historic District that are located on lots fronting east-west cross streets.

Scale: The proposed chancery exhibits a scale that is compatible with the existing buildings within the Sixteenth Street Historic District and those along Embassy Row. Sixteenth

Street and Massachusetts Avenue contain numerous large-scale buildings that are associated with foreign and international organizations. Like other buildings in the historic district, the proposed chancery communicates a feeling of formality, but has been designed at the pedestrian level to be accessible and human in scale. In addition, the building footprint of the proposed chancery is approximately 26,175.7 square feet, which is consistent with that of other large buildings along

16th Street in the area such as the First Baptist Church of the City of Washington, D.C. at 1328

Sixteenth Street, NW (22,001 square feet), 1400 Sixteenth Street, NW (25,456 square feet), the

Carnegie Institute at 1530 P Street, NW (19,719 square feet), and Foundry United Methodist

Church at 1500 Sixteenth Street (20,333 square feet).

Proportion: Exterior design elements within the proposed chancery are roughly proportionate to those of other neighboring buildings along Massachusetts Avenue and within the

Sixteenth Street Historic District. While clearly a nationalist expression of functional modernism,

8 #51276399_v6 lacking points of reference such as discernible window openings, the design nevertheless broadly references elements of the tripartite scheme of facade composition found in the late nineteenth and early twentieth century apartment buildings, townhouses, and mixed-use buildings located in the historic district. Although the design lacks a “cap,” or similar terminating architectural element, this historic compositional approach is expressed through the height of the raised ground story, or

“base,” compared with the upper stories of the facade, or “shaft.” Taken together, the design pays homage to, while remaining distinct from, the historic building forms within its environs.

Rhythm: The proposed chancery is in harmony with the established rhythm of alternating traditional and modernist building facades expressed along Sixteenth Street. This variation along the Sixteenth Street corridor is by now an established feature; it first surfaced during the mid- twentieth century with the construction of International-Style buildings such as the World Center

Building (1950, Robert O. Scholz) at Sixteenth and K Streets, and later with the juxtaposition of classical and modern design seen in the National Geographic headquarters complex at Sixteenth and L Streets, which contains buildings designed by Edward Durell Stone (1964) and Skidmore,

Owings and Merrill (1985).

Massing: The building’s massing is expressed through its somewhat cubic form and underlying planar exterior wall surfaces. The use of vertical, projecting, blade-like metal panels serves to de-materialize the mass in a manner similar to earlier expressions of New Formalism.

This approach is not incompatible with the architectural context of the Sixteenth Street Historic

District, and Embassy Row corridor, both of which contain significant modernist buildings that contribute to the character of the District and exhibit similar massing. Examples include the AFL-

CIO building at 815 Sixteenth Street, N.W. (1955), 905 Sixteenth Street (1959), and 1500

Massachusetts Avenue (1950), all of which contribute to the historic district. The building also

9 #51276399_v6 features expressed bays on both its Massachusetts Avenue and Sixteenth Street facades, an element seen in much of the area’s pre-World War II architecture.

Height: The proposed total height of 89.96 feet for the chancery comports with the height of neighboring buildings such as Johns Hopkins University’s Benjamin T. Rome Building at 1619

Massachusetts Avenue, NW (103.4 feet), 1 Scott Circle, N.W. (105.5 feet), 1315 Sixteenth Street,

NW (99.5 feet), and 1400 Sixteenth Street, NW (94.5 feet). Therefore, its height is consistent with buildings found within the Sixteenth Street Historic District and along Massachusetts Avenue.

Materials: The exterior materials proposed for the new chancery include glass cladding offset by vertical treated metal “blades.” This glass-and-metal material scheme is a standard modernist approach that is represented in other noteworthy buildings located along Sixteenth

Street and Embassy Row, such as the previously mentioned National Geographic complex, the

Benjamin T. Rome Building at 1619 Massachusetts Avenue (1961, Keyes, Lethbridge and

Condon), and 1126 Sixteenth Street, NW (1954). The architects propose to further enhance the texture and visual appearance of the metal blades by utilizing a chemical treatment to create a color gradient that reveals the rich, burnished tones of the material. This treatment, although contemporary in nature, is not dissimilar in spirit to the applied ornament used to decorate other buildings in the Sixteenth Street Historic District designed in Classical and Revivalist styles. The proposed landscape design for the new chancery also draws on materials, such as bluestone paving and wall features, and plant and tree species, such as Zelkova and Oak street trees, that are featured throughout the Sixteenth Street Historic District and Embassy Row.

Color: While utilizing contemporary materials, the proposed color scheme for the new chancery is largely compatible with that of the surrounding historic district and Embassy Row in that the design presents a palette of natural color tones. The building’s red-to-beige-colored metal

10 #51276399_v6 blades, and the natural timber and stone of beige-to-grey coloration of the interior spaces, visible through the semi-transparent exterior glazing, recall the limestone, brick, and concrete used to face many of the historic district’s contributing structures. These materials also reflect the warm reds and beiges that are characteristic of the Australian landscape.

The Applicant notes that the final building materials may vary based on availability at the time of construction, cost, material compatibility (galvanic corrosion), and/or fabrication, and thus requests flexibility to vary the materials from the exact materials and colors described herein.3

However, the Applicant will maintain the design intent, level of quality, and color range of materials described above and shown on the architectural drawings included with this application.

Roof Shape: The proposed chancery design features a flat roof, which is the predominant roof shape found in the historic district and the immediate section of Massachusetts Avenue in which it is to be constructed. This roof form is typical of much late nineteenth-century urban architecture and remained in use throughout the twentieth century. While the design does include a penthouse, its setback, combined with the proposed parapet height, will render it minimally visible from street level.

Details and Ornamentation: The design of the proposed chancery reflects the influence of the Modern Movement of the twentieth century as expressed through contemporary nationalist themes. As such, its exterior aesthetic is largely derived from its industrially produced building materials, which lack the level of applied ornament seen in the eclectic and revivalist architectural styles that feature prominently in both the historic district and Embassy Row. The design, however, utilizes the materiality of the metal blades to present patterns of texture and color. These patterns represent a contemporary expression of architectural detail. Further, such traditional components

3 For instance, the current proposal is to use a copper alloy for the metal blades, but another metal may be used that produces the same effect.

11 #51276399_v6 as a porte-cochère extending from its south elevation is roughly proportional to those found on neighboring pre-war buildings. And, as discussed, the design’s contemporary aesthetic is reflected in other significant examples of the International Style located in the historic district, in addition to other modernist diplomatic buildings in Washington, such as the Brazilian Chancery located at

3006 Massachusetts Avenue (1973, Olavo Redig de Campos), the Finnish Chancery (1994,

Heikkinen-Komonen Architects), the Italian Chancery (1996, Piero Sartogo and Nathalie Grenon), the House of Sweden (2006, Gert Wingårdh and Tomas Hansen), and the new hyphen at the South

African Embassy (2014, Davis Brody Bond), all of which present nationalist expressions of the

Modernist aesthetic.

Landscape Features: Landscape features associated with the proposed Australian

Chancery consist of a strip of “parking,” featuring trimmed planted surfaces, small paved courtyards, small-to-medium-sized trees located along Sixteenth Street, and the formal entrance plaza and porte-cochère located along Massachusetts Avenue. These are both features repeated throughout the historic district, and are therefore compatible.

Secretary of the Interior’s Standards: The design is also in accord with the Secretary of the

Interior’s Standards. Specifically, the new construction will be differentiated from the historic architecture within the historic district, yet it will also be compatible with the historic materials, features, size, scale and proportion, and massing found throughout the District to protect the integrity of the property and its environment.

In summary, the proposed design for the Australian chancery exhibits a setback and orientation seen throughout the Sixteenth Street Historic District and Embassy Row. Its scale and proportion are also comparable to many of the nineteenth and twentieth-century buildings located in these districts. While demonstrating compatibility, the design does not seek to duplicate existing

12 #51276399_v6 buildings, but rather stands as a product of its own time. Yet it also contributes to the established rhythm created through the architectural variety found along Sixteenth Street and Massachusetts

Avenue. Through its massing, height, materials, color, roof shape, details, and landscape features, the design relates to the existing architecture. The design presents appropriate nationalist expression, while communicating the architectural evolution of Sixteenth Street and

Massachusetts Avenue

C. Adequacy of Off-Street Parking and Public Transportation.

The Site is well served by pedestrian and bicycle amenities, bus service and Metrorail, as well as Capital Bikeshare, car-sharing, and pedestrian and bicycle amenities. Sidewalks are provided on both sides of each street, including Massachusetts Avenue and 16th Street NW, in the

Site vicinity, with marked crosswalks and handicapped-accessible ramps at intersections proximate to the Site.

A two-way cycle track is provided on 15th Street NW, one block to the east of the Site.

Westbound and eastbound bike lanes are provided on M Street NW and L Street NW, one to two blocks south of the Site. Capital Bikeshare is available in the area, with stations within the vicinity of the Site near the 17th Street/Massachusetts Avenue NW intersection, near the 17th Street &

Rhode Island Avenue NW intersection, and near the 14th Street & Rhode Island Avenue intersection.

The Site is served by multiple bus lines. A bus stop for the Maryland Transit

Administration Route is located on 16th Street NW, south of M Street, and on 15th Street NW, south of Massachusetts Avenue. Five (5) Metrobus lines provide service with stops in the area.

The 16th Street Line (S1, S2, S4), the 16th Street Limited Line (S9), and the P Street-LeDroit Park

13 #51276399_v6 Line have stops three block or less from the Site at the P Street and M Street intersections with

16th Street.

The Site is located .38 miles from the Dupont Circle Metro Station which serves the Red

Line. Farragut North and Farragut West Metrorail stations are .35 miles and .5 miles away from the Site, respectively. Farragut North serves the Red Line and Farragut West serves the Blue,

Orange, and Silver lines. The McPherson Square and Metro Center Metrorail stations are .46 miles and .79 miles away from the Site, respectively. McPherson Square serves the Blue, Orange, and

Silver lines. Metro Center serves the Red, Blue, Orange, and Silver lines. Riders from the Red

Line can transfer to the Blue, Orange, and Silver Lines via the Metro Center Station.

Designated car-sharing parking spaces are proximate to the Embassy of Australia. Zipcar spaces are located at the Bataan & Rhode Island Avenue NW intersection, 1400 16th Street NW, and behind 1420 N Street NW. Taxis also frequently pass the Site in both directions along

Massachusetts Avenue NW and along 16th Street NW.

As proposed, the main pedestrian access to the Site will be provided from Massachusetts

Avenue. Vehicular access to the below grade parking garage will be provided from the alley on the west side of the Site. Vehicles will be screened, on-site, prior to entering the garage. A vehicular entry court will be provided on Massachusetts Avenue for drop off and pick up activity.

The vehicles will exit to the alley. The loading docks will also be accessed from the alley. Thus, there will be one curb cut for the Embassy on Massachusetts Avenue. The existing curb cut on

16th Street will be eliminated. The total number of curb cuts has been reduced from four existing to only one.

The below-grade parking garage will include 91 parking spaces for employees of the

Embassy. Currently, 90 parking spaces are located in the parking garage. Since the new Chancery

14 #51276399_v6 will be approximately 20% smaller in floor area than the existing Chancery and will include the same uses, the 91 parking spaces will continue to meet the parking demand. The 91 parking spaces exceeds the minimum number of required spaces, 32 spaces. Per 11C DCMR § 701.5, 0.5 parking spaces per 1,000 SF in excess of 3,000 SF are required for a chancery, resulting in a requirement of 64 spaces. Since the Site is located within 0.5 miles of a Metro station, the parking requirement can be reduced by 50 percent. Thus, a chancery of 131,135.9 SF is required to provide a minimum of 32 parking spaces ( (131,135.9 – 3,000) / 1,000 x 0.25 = 32 ).

The Site is required to provide two 30-foot loading berths and associated platforms and one space for a 20-foot service van. As proposed, the Site includes one 30-foot loading berth, one space for a 20-foot van, and a loading platform of at least 100 square feet. This sized loading berth has proven to be sufficient for the needs of the Embassy over the last 50 years. The Embassy carefully schedules truck deliveries by outside vendors, in order to avoid overlaps, and will continue to do so.

Long term and short term bicycle parking is required for the new chancery; one long term bike space per 5,000 square feet, and one short term bike space per 40,000 square feet . The Site is required to include 26 long term spaces and 3 short term spaces. The long term spaces will be provided on the north side of the Site under a canopy. Due to security, bike parking is not permitted in the parking garage. The short term bike spaces will be provided by rack along the Massachusetts

Avenue frontage.

Based on the foregoing, the transportation impacts of the new chancery will be similar to today’s conditions. Employees and visitors have several transportation options in the immediate site vicinity that reduce the demand for vehicle trips. The parking garage and loading access will be provided from the public alley, minimizing potential conflicts with pedestrians and bicyclists.

15 #51276399_v6 The Site will meet minimum requirements for vehicular and bicycle parking. The proposed number of loading spaces is one less than required, however based on current operations is adequate to meet the Embassy’s needs.

D. The Extent To Which the Area is Capable of Being Adequately Protected, As Determined By The Secretary of State

The U.S. Department of State, in consultation with the federal agencies responsible for protective services, has an obligation to ensure that the proposed chancery can be adequately protected. This Site has historically been under the protection of the Uniformed Division of the

Secret Service, which provides federal protection to all of the chancery properties in the surrounding neighborhood. The Department of State will file a report prior to the public hearing.

E. The Municipal Interest, As Determined By The Mayor

The FMBZA must consider the municipal interest, as determined by the Mayor, in deciding whether to approve an application for a chancery use. In this case, the proposed replacement of the chancery building is consistent with the municipal interest, as further outlined below.

ii. District Elements of the Comprehensive Plan

The project is not inconsistent with the District Elements of the Comprehensive Plan for the National Capital (the “Comp Plan”). Because of the District’s unique dual role as a local city and national capital, the Comp Plan includes two components: the District Elements, which are prepared by the Mayor, and the Federal Elements, which are prepared by the National Capital

Planning Commission (“NCPC”). Combined, the District and Federal Elements constitute the

District’s mandated planning documents, and guide development in the District of Columbia to balance federal and local interest with a collective responsibility for the natural, cultural, economic, and social environments. Many of the Elements have local, regional, and national significance; and together they advance Washington’s great design and planning heritage.

16 #51276399_v6 While there is no specific definition for “the Municipal Interest,” it can be said that the

District Elements, which focus on the social, economic, environmental, and physical well-being of the District of Columbia and its residents, provide a solid framework upon which to base a determination regarding a project’s consistency with the Municipal Interest criteria of the Foreign

Missions Act. According to the D.C. Code, the purpose of the District Elements are to, among other things, define the requirements and aspirations of District residents; guide executive and legislative decisions on matters affecting the District and its citizens; promote economic growth and jobs for District residents; maintain and enhance the natural and architectural assets of the

District; and assist in the conservation, stabilization, and improvement of each neighborhood and community in the District. D.C. Code 1-301.62.

The policies and actions contained with the District Elements are organized into 13

Citywide Elements, which address issues that are citywide in scope, and 10 Area Element, which focus on issues that are unique to particular parts of the District. The project is not inconsistent with the following policies of the District Elements.

(a) Land Use Element

The primary goal of the Land Use Element is to [e]nsure efficient use of land resources to meet long-term neighborhood, citywide, and regional needs; to help foster other District goals; to protect the health, safety, and welfare of District residents. institutions, and businesses; to sustain, restore, or improve the character and stability of neighborhoods in all parts of the city; and to effectively balance the competing demands for land to support the many activities that take place within District boundaries. 10-A DCMR § 302.1.

The project will help achieve this goal by advancing the following Land Use

Element policies:

17 #51276399_v6  Policy LU-1.1.4: Appropriate Uses in the CEA - Ensure that land within the Central Employment Area is used in a manner which reflects the area’s national importance, its historic and cultural significance, and its role as the center of the metropolitan region. Federal siting guidelines and District zoning regulations should promote the use of this area with high-value land uses that enhance its image as the seat of the national government and the center of the District of Columbia, and that make the most efficient possible use of its transportation facilities. 10-A DCMR § 304.9.

 Policy LU-1.1.6: Central Employment Area Historic Resources - Preserve the scale and character of the Central Employment Area’s historic resources, including the streets, vistas, and public spaces of the L’Enfant and McMillan Plans as well as individual historic structures and sites. Future development must be sensitive to the area’s historic character and should enhance important reminders of the city’s past. 10-A DCMR § 304.12.

 Policy LU-3.3.1: Chancery Encroachment in Low Density Areas - Encourage foreign missions to locate their chancery facilities in areas where adjacent existing and proposed land uses are compatible (e.g., office, commercial, and mixed use), taking special care to protecting the integrity of residential areas. Discourage the location of new chanceries in any area that is essentially a residential use area, to the extent consistent with the Foreign Missions Act. 10-A DCMR § 316.7.

 Policy LU-3.3.3: Compatibility of New Chanceries - Promote the design of chanceries in a manner that protects the city’s open space and historic resources, mitigates impacts on nearby properties, is compatible with the scale and character of its surroundings, and enhances Washington’s international image as a city of great architecture and urban design. 10-A DCMR § 316.9.

(b) Environmental Protection Element

The goal of the Environmental Protection Element is to [p]rotect, restore, and enhance the natural and man-made environment in the District of Columbia, taking steps to improve environmental quality, prevent and reduce pollution, and conserve the values and functions of the

District’s natural resources and ecosystems. 10-A DCMR § 601.1.

The project will help achieve this goal by advancing the following Environmental

Protection Element policies:

 Policy E-1.1.3: Landscaping - Encourage the use of landscaping to beautify the city, enhance streets and public spaces, reduce stormwater runoff, and create a stronger sense of character and identity. 10-A DCMR § 603.6.

18 #51276399_v6  Policy E-2.2.4: Alternative Energy Sources - Support the development and application of renewable energy technologies such as active, passive, and photovoltaic solar energy, fuel cells, and other sustainable sources. Such technology should be used to reduce the dependence on imported energy, provide opportunities for economic and community development, and benefit environmental quality. A key goal is the continued availability and access to unobstructed, direct sunlight for distributed-energy generators and passive- solar homes relying on the sun as a primary energy source. 10-A DCMR § 610.6.

 Policy E-3.1.2: Using Landscaping and Green Roofs to Reduce Runoff - Promote an increase in tree planting and landscaping to reduce stormwater runoff, including the expanded use of green roofs in new construction and adaptive reuse, and the application of tree and landscaping standards for parking lots and other large paved surfaces. 10-A DCMR § 613.3.

(c) Economic Development Element

The goal of the Economic Development Element is to [s]trengthen the District’s economy by sustaining its core industries, attracting new and diverse industries, accommodating future job growth, fostering the success of small businesses, revitalizing neighborhood commercial centers, improving resident job skills, and helping a greater number of District residents find and keep jobs in the Washington regional economy. 10-A DCMR § 701.1.

The project will assist in achieving this stated goal. The Comp Plan recognizes the positive influence that foreign missions have on the District’s economy. Specifically, the Comp Plan states that “foreign missions and offices of global economic organizations such as the World Bank Group and the IMF represent a major economic sector in their own right with a cumulative direct economic impact in the region of over a billion dollars, and much more in terms of contracting.

More importantly, the concentration of missions and institutions makes the District a unique place to conduct business for companies engaging in international investment or transactions. 10-A

DCMR § 703.3. Thus, reconstruction of the Australian chancery on its existing site near downtown and along Embassy Row, rather than on a new site potentially outside the District, will have a positive direct and indirect effect on the District’s economy.

19 #51276399_v6 (d) Urban Design Element

The goal of the Urban Design Element is to [e]nhance the beauty and livability of the city by protecting its historic design legacy, reinforcing the identity of its neighborhoods, harmoniously integrating new construction with existing buildings and the natural environment, and improving the vitality, appearance, and security of streets and public spaces. 10-A DCMR § 901.1.

The project will help achieve this goal by advancing the following Urban Design

Element policies:

 Policy UD-1.1.1: National Image - Strengthen and enhance the physical image, character and outstanding physical qualities of the District, its neighborhoods, and its open spaces, in a manner that reflects its role as the national capital. 10-A DCMR § 903.6.

 Policy UD-1.4.1: Avenues/Boulevards and Urban Form - Use Washington’s major avenues/boulevards as a way to reinforce the form and identity of the city, connect its neighborhoods, and improve its aesthetic and visual character. Focus improvement efforts on avenues/boulevards in emerging neighborhoods, particularly those that provide important gateways or view corridors within the city. 10-A DCMR § 906.6.

 Policy UD-2.1.4: Architectural Excellence - Promote excellence in the design of Downtown buildings and landscapes. Particular attention should be focused on ground floor (street) levels, with greater architectural details used to improve visual image. 10-A DCMR § 909.12.

 Policy UD-2.2.2: Areas of Strong Architectural Character - Preserve the architectural continuity and design integrity of historic districts and other areas of strong architectural character. New development within such areas does not need to replicate prevailing architectural styles exactly but should be complementary in form, height, and bulk. 10-A DCMR § 910.7.

 Policy UD-2.2.5: Creating Attractive Facades - Create visual interest through well- designed building facades, storefront windows, and attractive signage and lighting. Avoid monolithic or box-like building forms, or long blank walls which detract from the human quality of the street. 10-A DCMR § 910.12.

 Policy UD-3.1.1: Improving Streetscape Design - Improve the appearance and identity of the District’s streets through the design of street lights, paved surfaces, landscaped areas, bus shelters, street “furniture”, and adjacent building facades. 10-A DCMR § 913.8.

 Policy UD-3.2.4: Security Through Streetscape Design - Develop and apply attractive, context-sensitive security measures in the design of streets, plazas, and public spaces.

20 #51276399_v6 These measures should use an appropriate mix of bollards, planters, landscaped walls, vegetation, and street furniture rather than barriers and other approaches that detract from aesthetic quality. 10-A DCMR 914.9.

(e) Historic Preservation Element

The goal of the Historic Preservation Element is to [p]reserve and enhance the unique cultural heritage, beauty, and identity of the District of Columbia by respecting the historic physical form of the city and the enduring value of its historic structures and places, recognizing their importance to the citizens of the District and the nation, and sharing mutual responsibilities for their protection and stewardship. 10-A DCMR § 1001.1.

The project will help achieve this goal by advancing the following Historic Preservation

Element policies:

 Policy HP-2.3.3: Spatial Character of L’Enfant Plan Streets - Protect the generous open space and reciprocal views of the L’Enfant Plan streets, avenues, and reservations. Protect the integrity and form of the L’Enfant system of streets and reservations from inappropriate new buildings and physical incursions. Support public and private efforts to provide and maintain street trees to help frame axial views and reinforce the city’s historic landscape character. 10-A DCMR § 1010.5.

 Policy HP-2.3.4: Public Space Design in the L’Enfant Plan - Reinforce the historic importance and continuity of the streets as public thoroughfares through sensitive design of sidewalks and roadways. Avoid inappropriate traffic channelization, obtrusive signage and security features, and other physical intrusions that obscure the character of the historic street network. Work jointly with federal agencies to preserve the historic statuary and other civic embellishments of the L’Enfant Plan parks, and where appropriate extend this tradition with new civic art and landscape enhancements of the public reservations. 10-A DCMR § 1010.6.

 Policy HP-2.4.3: Compatible Development - Preserve the important historic features of the District while permitting compatible new infill development. Within historic districts, preserve the established form of development as evidenced by lot coverage limitations, yard requirements open space, and other standards that contribute to the character and attractiveness of those areas. Ensure that new construction, repair, maintenance, and improvements are in scale with and respect historic context through sensitive siting and design and the appropriate use of materials and architectural detail. 10-A DCMR § 1011.8.

21 #51276399_v6 iii. Zoning Compliance

The project's conformity with the Zoning Regulations is not inconsistent with the municipal interest. It is clear from 11X DCMR Chapter 2 that chancery applications are not subject to the strict variance and special exception requirements set forth in 11X DCMR §§ 900 and 1000. It is also clear that the FMBZA's determination on a chancery application “shall be based solely on the criteria in Subtitle X § 201.8.” See 11X DCMR § 203.3.

Nonetheless, the application is generally consistent with the variance and special exception standards. Under D.C. Code § 6-641.07(g)(3) and 11X DCMR § 1000.1, the three-part variance test provides that (i) the property must be affected by exceptional size, shape, or topography or other extraordinary or exceptional condition or situation; (ii) the owner would encounter practical difficulties if the zoning regulations were strictly applied; and (iii) the variance would not cause substantial detriment to the public good and would not substantially impair the intent, purpose, and integrity of the zone plan as embodied in the Zoning Regulations and Map. See French v. D.C.

Bd. of Zoning Adjustment, 658 A.2d 1023, 1035 (D.C. 1995) (quoting Roumel v. D.C. Bd. of Zoning

Adjustment, 417 A.2d 405, 408 (D.C. 1980). See also, Capitol Hill Restoration Society, Inc. v.

D.C. Bd. of Zoning Adjustment, 534 A.2d 939 (D.C. 1987).

The phrase “exceptional situation or condition” in the above-quoted variance test may arise from a confluence of factors which affect a single property. Gilmartin v. D.C. Bd. of Zoning

Adjustment, 579 A.2d 1164, 1168 (D.C. 1990). There is no requirement that the uniqueness

“inheres in the land at issue.” Gilmartin, 579 A.2d at 1168, citing Capitol Hill Restoration Society,

534 A.2d at 942. To the contrary, a “difficulty which sets a property apart from its neighbors need not be physical but can stem from the zoning history of the case.” Monaco v. D.C. Bd. of Zoning

Adjustment, 407 A.2d 1091, 1097 (D.C. 1979). For example, “past actions of the BZA and Zoning

22 #51276399_v6 Commission create an extraordinary or exceptional situation or condition so as to fulfill the statutory variance requirement.” Monaco, 407 A.2d at 1095-96. Ultimately, the term

“extraordinary or exceptional condition” was “designed to serve as an additional source of authority enabling the Board to temper the strict application of the zoning regulations in appropriate cases.” DeAzcarate v. D.C. Bd. of Zoning Adjustment, 388 A.2d 1233, 1237 (1978).

The exceptional condition in this case arises from the Site’s unique zoning history and the existence of the existing chancery building that has been on the Site for approximately 50 years.

Pursuant to 11C DCMR, Chapter 2, the existing non-conforming chancery building is permitted to remain in place as a non-conforming structure. The Applicant evaluated whether to retain and renovate the non-conforming building, but determined that its lack of a sally port, and outmoded structural and mechanical systems would prevent the Applicant from delivering a modern, state- of-the-art, environmentally-friendly, secure, and energy efficient building of the size needed for the Embassy’s operations. Thus, although the replacement chancery building will be non- compliant with respect to height and density, it will be approximately 20% smaller than the existing building (5.35 existing FAR vs. 4.32 proposed FAR), with significantly improved parking and loading facilities that meet current DDOT standards for ingress and egress and improve pedestrian safety surrounding the Site.

As described above, the zone district in place when the existing chancery was constructed was the SP District, which permitted a maximum non-residential density of 5.5 FAR and a maximum building height of 90 feet. The current MU-15 District for the Site permits a maximum density of 4.0 FAR (4.8 FAR with IZ and 2.5 FAR for non-residential use) and a maximum building height of 65 feet (75 feet with IZ). If the replacement chancery building is constructed to a height and density that complies with the MU-15 District, it would be substantially smaller and

23 #51276399_v6 out of character with the surrounding buildings and at a scale that is disfavored for Scott Circle and the monumental streets and avenues that surround the Site. Therefore, although the replacement chancery will not meet the strict zoning requirements for the MU-15 District, it will be consistent with the heights and densities of the existing buildings framing the other three corners of Scott Circle, will maintain the existing building’s height and density, and will thus not create any detriment to the public good or zone plan.

As indicated in the architectural drawings included with this application, the project conforms to all of the applicable development and use standards for the MU-15 District, with the following exceptions:

(a) Density (FAR) – The maximum permitted density on the Site is 2.5 FAR for non- residential use. The Site currently has a non-compliant density of 5.35 FAR. The replacement chancery building will create a new site density of approximately 4.32 FAR, which is approximately 1.04 FAR (20%) less than the current density. This proposed FAR will not have an adverse impact on abutting or nearby properties or on the present character and future development of the area, because the proposed density is less the Site’s current conditions. The proposed FAR is also less than the maximum permitted FAR that could be placed on the Site as a matter-of-right under the MU-15 regulations, which permits 4.8 FAR with IZ.

(b) Height – The maximum permitted building height in the MU-15 District is 65 feet.

The existing building has a height of 90 feet. The proposed replacement chancery building will maintain the existing building height at approximately 90 feet. This proposed height will be consistent with the 90-foot heights of the other buildings framing the other three corners of Scott

Circle, and will be consistent with the 90-foot of the existing chancery, which has existed at the

24 #51276399_v6 Site for 50 years. Limiting the height of the replacement chancery to 65 feet would be out of character and scale with the other buildings framing the other three corners of Scott Circle.

(c) Side Yard – If provided, a side yard width of 15 feet is required for the proposed

90-foot chancery building. Because of the design articulation of the east and west walls, the replacement chancery will be slightly set back from the east and west lot lines of the Site, thus creating two non-compliant side yards at 1.83 feet (west side) and 0.83 feet (east side). These setbacks are dictated by the location of the foundation walls on the property lines and the structural system that supports the east and west walls. There will be no adverse impact on adjacent property due to the non-compliant side yards because both proposed side yards will abut public space.

(d) Loading – The proposed chancery building requires two 30-foot loading berths, two loading platforms, and one 20-foot service/delivery space. The replacement chancery will provide one 30-foot loading berth, one loading platform, and one 20-foot service/delivery space, thus necessitating relief. Based on experience and the Embassy’s loading patterns over the past 50 years, a second 30-foot loading berth is not necessary. Truck deliveries are carefully scheduled to ensure no overlap of vendor deliveries, and that practice will continue in the new chancery building. All loading for the new chancery will be accommodated on-site, will not impact surrounding traffic flow or parking, and will be sufficient in number to serve the chancery use, such that the requested relief will not create any adverse impacts.

In addition, given the site constraints and Embassy loading operations, it would be difficult to provide a second loading berth and platform in the building. The Zoning Regulations require the garage entrance and exit to be located in the alley, which takes up the majority of the Site’s alley frontage. The Embassy’s security requirements include vehicle screening and guard facilities in the sally port adjacent to the garage entry ramp. After these uses are allocated, the remaining

25 #51276399_v6 available alley frontage is dedicated to the proposed loading facilities (one berth, one service/delivery space, and one platform), with no space remaining for an additional berth.

Moreover, the special needs of the loading operations at the Embassy require extra space in the proposed loading area for storage, the transfer of goods, and security operations, thus further limiting the amount of space available for a second loading berth and platform.

(e) Penthouse – The Zoning Regulations require penthouses to be setback a distance of

1:1 from the edge of the roof upon which they are located. In this case, the penthouse on the replacement chancery is 14 feet, 9 inches in height, as measured from the roof on which it is located, and is setback 5 feet, 4.25 inches from the west building wall. The lack of a 1:1 setback in this location is due to the placement of the building core, which is close to the west side of the building. Although technically non-compliant, the penthouse will be setback more than 1:1 from the top of the building’s parapet wall, which is 7 feet, 2.5 inches in height, resulting in the penthouse having a height of only 7 feet, 6.5 inches above the top of the parapet. The parapet wall has been designed to appear as a continuation of the building wall, such that the parapet will screen the penthouse and make it appear from adjacent properties as being setback 1:1 from the west building wall.

Although not subject to the strict special exception standards, the request for penthouse setback relief will result in a better designed penthouse that is visually less intrusive and does not appear to be an extension of the building wall, consistent with the special exception standards of

11C DCMR § 1504.1.

(f) Bicycle Parking – The Zoning Regulations state that required long-term bicycle parking spaces must be located within the building of the use requiring them. See 11C DCMR §

805.1. In this case, the required long term bicycle parking spaces are located outside of the building

26 #51276399_v6 in a covered shelter. The bicycle parking spaces cannot be located within the building for security purposes. The Embassy will screen all people who enter the building either at the front entrance

(if entering on foot) or at the sally port at the entrance to the garage (if entering by vehicle). If screened at the sally port, the drivers and vehicles are known ahead of time and can be screened quickly by camera. The Embassy cannot easily screen bicycles in the same manner, thus posing a security risk. Therefore, staff arriving at the chancery by bicycle will park their bicycles in the bike shelter and enter the building’s main entrance for screening.

Although the bicycle parking spaces will not be located within the building, the number of long term bicycle parking spaces provided meets the number of long term spaces required by the

Zoning Regulations and are located in a convenient and secure location on the Site and adjacent to the building. If the Applicant provided a building connection between the rear of the chancery and the bicycle enclosure to create a single building pursuant to 11B DCMR § 309 and allow for technical compliance with 11C DCMR § 805.1, it would result in a non-compliant rear yard, requiring additional relief from the Zoning Regulations.

Officials of the Embassy and the Department of Foreign Affairs and Trade, and the project consultants, have met on several occasions with representative of the Office of Planning, DDOT, and the Historic Preservation Office to discuss the project. The Office of Planning, as the Mayor’s representative, will be filing a report on this application. Embassy officials invited ANC 2B to a briefing at the Embassy, and requested an opportunity to present the project at a monthly ANC meeting prior to the filing of this application. Although the ANC could not accommodate that request due to scheduling constraints, the Embassy and the project consultants have discussed the proposal with several of the ANC Commissioners.

27 #51276399_v6 6. The Federal Interest, as Determined by the Secretary.

Australia is a vital ally, partner, and friend of the United States. The United States and

Australia maintain a robust relationship underpinned by shared democratic values, common interests, and cultural affinities. Economic, academic, and people-to-people ties are vibrant and strong, and defense ties and cooperation are exceptionally close. See https://www.state.gov/r/pa/ei/bgn/2698.htm. Officials of the Embassy and the Department of

Foreign Affairs and Trade have discussed the proposal with the Department of State on several occasions. The Department of State has authorized the filing of this application and will submit a report to the FMBZA case record prior to the public hearing.

28 #51276399_v6