Union Station North, New Zone to Accommodate Billion-Dollar Burnham Place Project

After 18 months of efforts by the DC Office of Planning (OP) to establish appropriate specifics, the DC Zoning Commission (ZC) approved OP's creation of a new zone - Union Station North (USN) - which will supersede an area zoned for industrial and light manufacturing use in the City's Comprehensive Plan. The USN Zone was created to allow developer Akridge's mixed-use planned development project, Burnham Place, designed by DC-based architect Shalom Baranes Associates, to be built above the Amtrak rail yard located immediately north of Union Station. Burnham Place, estimated early on to cost $1 billion, has been in the works since Akridge bought the air rights above the railyard from the General Services Administration (GSA) for $10 million in November of 2006, a notable transaction due to price and precedent - the deal became the first transfer of air rights from the federal government to a private buyer. The 14-acre, air-rights property will be developed into 3 million s.f. of commercial, retail, residential and hotel space. The new USN Zone District will allow Akridge to build up 90 to 130 feet above the H Street Bridge, as the bridge is technically the ground floor of the property. 

According to Lisa Steen, Vice President of Marketing at Akridge, building heights will be gradual, starting 300' away from Union Station at 90', then rising to 110' and finally 130'. In this way, "The view of Union Station will not be compromised," says Steen, adding, "and the view from the buildings could be fabulous." The ZC Order was approved unanimously in April, and has allowed Akridge to move forward with design specifics, now that allotted heights for residential towers has been established. The decision to create a new zone also ensures that the ZC will have the authority to review and approve any development at the site. Furthermore, the Order allows Akridge to create a unique, and dense, transit-oriented development that utilizes project neighbors - Amtrak, below, and transit hub Union Station, to the south. Amtrak is currently developing a Master Plan - expected to be complete in early 2012 - to double or even triple its capacity at Union Station, and if a intercity high-speed rail is created, Steen speculates the possibility of commuting by rail to New York from Union Station as quickly as commuting by car to Fredricksburg. Building above a railyard poses challenges that Akridge will overcome by building 20-foot-high support columns, strategically placed throughout the rail yard, which will support a concrete platform to serve as site foundation. Potential relocation of the Greyhound Bus terminal and possible redevelopment of the parking garage at Union Station are currently under consideration by Akridge and several other entities including the District Dept. of Transportation (DDOT) and the Union Station Redevelopment Corporation (USRC), created in 1982 to restore Union Station using $8.1 million appointed funds. Akridge has yet to disclose a timeline for the project's multiple phases, other than to say it plans to propose the early phases of construction upon the completion of Amtrak's master plan, expected to come early next year. A tentative goal for beginning the initial infrastructure work on Burham Place is for 2014. 

Washington D.C. real estate development news

Court Hears Lawsuit Against Wisconsin Avenue Giant Project

The D.C. Court of Appeals heard this morning arguments by the Wisconsin Newark Neighbors Coalition (WNNC) against the D.C. Zoning Commission to determine whether development of the Wisconsin Avenue Giant will move forward as planned. The project, named Cathedral Commons as of last year, includes a new 56,000 s.f. grocery store, 55,000 s.f. of ground floor, street-level retail, 150 condos or apartments and over 500 parking spaces.

Last July, the Zoning Commission gave their unanimous approval of the project, to which WNNC responded by filing an appeal, claiming that the Zoning Commission does not have the power under the PUD (zoning change approval) to eliminate a neighborhood commercial zone designation on the subject lots. In short, WNNC objects to the changes incurred in the rewriting of the Comprehensive Plan that was first drafted in 2006 that they perceive will increase height of the project and density of the area.

WNNC wants the city to revise the PUD as a two-stage application, and have asked the court to overturn the Commissions decision to grant the PUD within a neighborhood commercial overlay zone district, in what is a fairly typical zoning decision, claiming the Commission lacked authority.

Despite vocal neighborhood opposition, many quieter residents embrace the project. Trudy Reeves, D.C. Advisory Neighborhood Commissioner 3C says she moved to the neighborhood after learning about the project. "I fully back the PUD," she said. "I bought in this area ten years ago because I heard the Giant was going to expand and that the project would bring with it more retail and make the area more vibrant."

In the meantime, ground level retail that flanks the grocery - The Kellogg Collection, a dry cleaner, Starbucks and Sullivan's Toy Store, for example - are in the midst of plans to vacate the premise to make way for construction. An unnamed retailer in the project tells DCMud that the developer has given them notice to move by late May. Once the Wisconsin Avenue Starbucks closes, Cleveland Park will lose its only remaining coffee shop, with the Connecticut Avenue Starbucks location having shuttered last year.

Councilwoman Mary Cheh's office (Ward 3) has also been supportive of the project and has been advised that the likelihood of the project going forward is strong, said Chief of Staff David Zvenyach.

The Wisconsin Avenue Giant Project has been saddled by at least a decade of delay as result of planning, zoning and neighborhood protests. Though Street Works has been consulting on development of the project, Giant Spokesperson Sharon Robinson says they're in the process of deciding upon selecting a development partner.

Washington D.C. Real Estate Development News

Abdo New York LLC Lost and Gone Forever

Its funny to think that even after development plans have been pronounced dead, after they've left our tangible world and been abandoned by their mortal purveyors, they apparently live on in planning-review purgatory. But today the ghosts of Abdo’s long-forgotten Arbor Place plans, and overly ambitious project calling for as many as 3,500 residential units, 148,120 s.f. of retail, and 4,294 parking spaces, were vanquished forever from the planning process, as the Zoning Commission dismissed the case with a unanimous vote of 6-0 after developers played hooky to the second of two subsequent hearings last week. May this lost density rest in peace.

DC Zoning Code Greens Up For the Holidays

As the Zoning code stands currently, grand roofs and landscaped public terraces are a great way for developers to woo the members of the Zoning Commission into granting their project approval, but they aren't specifically required amenities. In a lengthy and layered attempt to retool important aspects of the Zoning code, the Office of Planning has proposed a new requirement dubbed Green Area Ratio (GAR). Travis Parker, Development Review Specialist with the Office of Planning, says that this specific subsection of their review is one of more significant proposals: "it's a new requirement trying to improve air quality, the heat island effect, and storm water management in the city." Currently developers have limits to the amount of space their building(s) can occupy on any give lot, but it's technically up to them how they decide to use that leftover space. The new GAR stipulations would be flexible. "Developers will have options," says Parker, "whether it is green roofs or planting trees, but it requires developers to have an impact on the greening of the city."

Like LEED Certification, developers would earn a certain amount of points by including sustainable green features in their design: plantings, vegetated walls and roofs, and permeable surfaces. Through their planning decisions, developers would have to aggregate a certain amount of points depending on the scale of the development project. Bonus points can be earned for use of native plants, urban farming, and harvested storm water irrigation systems. Specifics on the point system, and the calculation of GAR can be found here.

The new rules would apply to all new new buildings requiring a Certificate of Occupancy, as well as buildings requiring a C of O and undergoing significant additions, alterations, or repairs. A more in-depth discussion with the Zoning Board on the merits of OP's GAR proposal will take place February 28th. The Zoning Commission will continue to hold preliminary hearings on the various other subsections of OP's Zoning Review through next summer, with a comprehensive final action hearing not likely to take place until the winter of 2011. Any new rules wouldn't be enforced until early 2012, "at the soonest" says Parker. Still, with development action poised to pick up as the market stabilizes, the time is ripe to lock in greener regulations as the city looks to grow more dense.

Washington D.C. Real Estate Development News

Big Bear Cafe Mauled By Angry ANC Members

Every hipster's favorite independent coffee house seems to be tangled up in a web of bureaucratic tape as it attempts to expand its business; and nagging NIMBY'ers don't seem to be aiding their cause. The Bloomingdale-based Big Bear Cafe's recent attempts at getting a proper liquor license, along with its appeal to the local ANC for their support in such endeavors, have been heavily covered by local blogs. But for fans of Big Bear Cafe the news being reported hasn't exactly been peachy. Last week ANC 5C lettered a harshly worded official report voicing the commission's strong and unanimous opposition to Big Bear Cafe's liquor license application. The letter accused Big Bear of, among other things, "operating illegally" (without proper zoning documentation) since 2007. It seems these allegations were a bit sensationalist in nature, and generally inaccurate. Owner Stuart Davenport and the Department of Consumer and Regulatory Affairs (DCRA) confirmed that the premise has grandfathered permission to operate as a commercial entity, having existed as a zoning exception for over a century.

But as Davenport and Big Bear look to expand their operations, they've petitioned the Zoning Commission for a map adjustment that would grant their property C-2-A status (currently zoned as 4 - A residential), thereby allowing more leeway in the business's efforts to increase capacity numbers, to freely expand onto the sidewalks and public space, to hold musical events, poetry readings, and the like, and to sell beer and wine to customers. Zoning officials were not much more sympathetic than the rabble rousing ANC commissioners. On Monday Zoning agreed to set down a public hearing of the applicant's case, but did so with stonewalled faces, and seemingly obdurate concerns. One panel member expressed his reservations about what might happen if the potentially C-2-A-zoned property changes hands in the future. "Theoretically it could be torn down and rebuilt ten feet higher," he worried. "We've seen that happen, where a skinny apartment building is constructed in the midst of several row houses, and it just doesn't fit - it doesn't work." Board member May, proved he too had been watching the local blog forum drama unfold when he timidly said: “There are some legitimate concerns in the neighborhood about the use of this property. The existing use seems to be a very comfortable fit…but gee, a liquor license there, or a sidewalk cafe? I’m not sure.”

Foregoing the normal prerequisite ANC support, the Alcoholic Beverage Regulation Administration (ABRA) heard Big Bear Cafe's request for a liquor license early on the morning of the 26th. If approved Big Bear would be able to please customers who might want a little whiskey in their coffee. Liquor could be served until 1AM outside and 2AM inside on Friday and Saturday. On weeknights, patrons could enjoy their cocktails until ten in the evening. No ruling on the case will be made for 60 to 90 days, as ABRA must allow time for a subsequent "status hearing" and potentially a "protest hearing" if complications and objections cannot be solved through party mediation. It seems that any chance of making it safely through the ABRA application process is heavily reliant on Big Bear's ability to quell the local ANC's fears of their neighborhood quickly deteriorating into the mass hysteria of a late night in Adams Morgan. The time frame also allows for the applicant to negotiate the zoning map amendment process prior to its reappearance before ABRA. Another Commission hearing has yet to be scheduled, and won't happen for at least another 40 days.

These melodramatic happenings don't just make for juicy blog content, they also have serious implications. One question that arises from the flames: how can such a popular business that has faithfully served the community for several years - in an area that has a dismally minuscule number of retail and restaurant options - be so angrily opposed by residents? Big Bear Cafe was even granted the Mayor's 2009 Environment Excellence award. Granted, that sounds like a meaningless certificate a third grade teacher would give to make sure all her students felt appreciated, but still! Another logical question is: why is the ANC bestowed the authority to raise such a hissy fit? It seems the large majority of the community is in support of the business's plans (600 signed a petition in support of the liquor license application), but the ANC has given a symbolic megaphone to a minority of elected curmudgeons in opposition. When an organizations only real power is to say no to things, it's apparent that they are more likely to conjure the zeitgeist of prohibition-era attitudes in order to play devil's advocate. How can residents expect property values to improve if amenities like restaurants, bars, and markets are not readily incorporated into the community? For awhile at least, patrons of Big Bear Cafe will have to settle for a caffeine induced buzz, or go elsewhere.

Washington D.C. Real Estate Development News

Georgetown University vs. Georgetown Residents

Georgetown University is knee-deep in planning and development this summer. Today, Spiros Dimolitas, Senior Vice President and Chief Administrative Officer of Georgetown University released an open letter to (angry) neighbors about the University's 2010-2020 Campus Plan.

You see, every ten years, the District requires the University and the Medical Center to outline all future infrastructure and development projects for the upcoming decade. Georgetown's 2000-2010 plan expires this year on December 31st, and while the changes being considered are not drastic, the review offers an opportunity for the community to address other issues they have with the university, which usually involves off-campus students.

Andy Pino from GU's Public Affairs Office tells DCMud that work first began on 2010-2020 plans in 2008. A final plan has yet to be submitted to Zoning and the University will continue "to have conversations with members of the community" before that happens.

Looking forward to Fall 2010, public Zoning Commission hearings about proposed projects such as "...renovations to the Medical Center, improvements to Kehoe Field’s roof" as well as "road construction" that will allow the Georgetown University Transportation Shuttle (GUTS) buses to turn around on campus, should prove to be contentious.

And because the chance to weigh in on University activities only comes around every ten years, residents of the neighboring Georgetown and Burleith communities seem to be seizing the opportunity to try to force the University's hand on some undergraduate housing issues.

The Burlieth Citizens Association and the Citizens Association of Georgetown have joined forces to petition Planning and Zoning to oppose the 2010-2020 plan unless the University takes action to stop "the already alarming conversion of single-family homes to group rental units" off campus. Over the next ten years, Georgetown expects to increase student enrollment by 3,200 or more, and the community would like an on-campus housing solution so that they can stop absorbing the run-over flip cup tournaments.

Georgetown officials maintain that there are no plans to increase enrollment for undergrads, that they already "house 84% of their undergraduate students on campus, which is the highest proportion of on-campus undergraduate housing of any university in the city other than Gallaudet" and that the average age of the students they're talking about enrolling is 28 "and many are married or live alone."

The community maintains that the 16 percent of undergraduates living in their neighborhoods are annoying, and anyway if the University wants to let anyone else come to their school, mature or otherwise, they need to come up with a plan to house the ones doing keg stands on the front lawn.

Washington, DC Real Estate and Development News

Douglas Buys Time for Waffles

Last night, Douglas Development's plans for the former Waffle Shop at 1000 F Street received a time extension, saving his "Up Against the Wall, LLC" from an expired zoning approval. Along with architect Shalom Baranes, Douglas received approval in April 2008 to relocate the historic eatery now just two blocks from Metro Center, and in its place construct a large office building. Since that time the art deco 1950s Waffle Shop closed and recently reopened as a tourist's delight, filled with "I heart DC" shirts and Obama memorabilia plates.

Douglas's planned 11-story building would bring 91,000 s.f. office space with 6,000 s.f. of ground-floor retail to an L-shaped amalgamation of lots. Plans also include the renovation and relocation of the two-story Waffle Shop now on the site - reassembled on another site. HPRB had initially granted Douglas's request to destroy the eatery, despite the dearth of retail downtown and the vacant storefronts downtown at the time, but later reneged on that offer thanks to community outcry. The developer committed to moving the shop to a new location intact within five years of the approval; two years, down three to go, an alternate location has yet to be publicly announced.

During their 2008 testimony at the Zoning Commission, the project team said it had been pursuing a project at the location for nearly nine years, finally convincing the property owner to sell in 2005 and closed in 2006. Douglas development's Paul Millstein described the importance of F Street and its continued renaissance to the firm, "we have a passion for F Street...this building represents much more than just a building to us."

Architect Shalom Baranes explained that his design was emphasizes the "verticality" of 10th and F Streets. The facade is planned to feature two surfaces - a "masonry curtain wall" and a "transparent, more prismatic form" to articulate the volume of the building. The property contained two historically contributing buildings, the Waffle Shop and 1000 F Street, which will be the corner structure of the development. The extension expires May 16, 2012.

Washington, DC real estate development news

Cartoonish Mixed-Use Comes to Northeast Neighborhood

Over the course of the summer neighbors will come to know the plans for a largely vacant site at 4800 Nannie Helen Burroughs Ave NE, as the planned development goes before the District Council and Zoning Commission for review of the proposed project. In late May, the Commission "set down" the planned unit development (PUD) for public review, and on June 16th, the District Council invites neighbors and concerned community members to voice support or opposition for the site. If all goes swimmingly, a new five-story, 70-unit building of entirely affordable housing will be the future of the site, bordered to the north by Hayes Street, NE.

The development team under the name Northern Real Estate Urban Ventures, LLC seeks to bring 92,000 s.f. of mixed-use space to the Northeast lot. Neighboring structures include a church, single family homes and scattered retail. The new development will include 8,100 s.f. of commercial space on the ground floor and 40 surface parking spaces. The 70 units of housing include 23 public housing replacement units.

Public benefits are still being negotiated and currently include the standard promise of affordable units, green building practices and a First Source agreement. At the Zoning Commission hearing, several commissioners expressed concern over the "cartoonish" design and made it clear they would expect greater detail to be provided prior to the public hearing this summer. More details will become available after the upcoming reviews this summer.

Washington, DC real estate development news

Zipcar Coming to an Alley Near You

Last night, Zipcar won a small but meaningful victory for car-sharing in D.C. when the Zoning Commission formalized a set of regulations to allow car-sharing spaces throughout the District. The new zoning definitions and requirements allow Zipcar and other car-sharing services to operate in places most other commercial enterprises cannot. In short, the move means the company, which DDOT Director Gabe Klein holds dear to his heart as a former Zipcar exec, can continue to provide car-sharing vehicles, already in residential neighborhoods, and expand their presence throughout the District.

As DDOT continues to invest time and money into providing safe alternative forms of transportation, such as Smartbike, street cars and contra bike lanes, the agency works with other DC authorities to revamp old regulations to make room for smarter transportation policies. The rules demonstrate a willingness by various District agencies to provide alternative forms of transportation for DC residents. Karyn LeBlanc, DDOT Spokesperson, told DCMud, "DDOT supports car-sharing programs as a means to encourage reduction of congestion, and environmentally friendly transportation alternative and as one solution to limited parking resources throughout the city."

Parking is a premium in the City and many of the limitations to car-sharing programs under the new rules are related to space requirements. In the District, zoning requirements stipulate how many parking spaces must be provided based on the building size and use. The new regulations for car-sharing state that a mixed-use site (i.e. condo with ground floor retail a la the Ellington) or a specially zoned site can include Zipcars as long as the cars do not take up any of the required spaces for a building of the size. So if you need 20 spaces and you have 22, then those 2 extra spaces can be used for car-sharing.

Additionally, the regulations limit some residential buildings to two car-sharing spaces on a single lot, which also cannot be the required parking for the lot. In other residential areas the same rules apply except that additional cars can be on the site if they are within or under a principal structure (i.e. apartment building, condo, parking garage) and are, again, not the required parking spaces for that location. Basically, if you want Zipcars in your condo, check on the number of spaces provided versus the number required, if there are extra, then you can have Zipcars; otherwise, you're out of luck.

At the hearing Zipcar Marketing Manager for DC, Anthony Marinos testified, "We consider ourselves a vital part of the DC community. Having vehicles placed in residential areas and areas of convenience to our members and potential members is something we feel very strongly about."

New Toy for Real Estate Geeks: Interactive DC Zoning Map

For those of you who, like us, spend many a gleeful hour pouring over zoning documents in search of a story, project information or lead on a new contract, you now have a fun new toy. Today the DC Office of Zoning launched its new, interactive Zoning Map along with a glossary chock full of terms related to the zoning process- both excellent tools for decoding public information and being generally nosy. The map allows a user to "determine the zoning classification for any property in the District" and to search by address, parcel, square & lot or by PUD (Planned Unit Development). Users can select from a list of zoning data to display such as Overlays, pending PUD's, Zoning District, etc. A report will appear based on the selected data fields with the information requested, including the most recent case numbers. Happy searching!


DC real estate and development news.

1100 DC Homeowners to Get 'Downzoned'

More than 1100 homeowners in southeast DC will have zoning on their property downgraded to discourage multi-family development, if the Office of Planning gets its way. Since this past summer,the Office of Planning has been conducting a comprehensive study of properties and their respective zoning in both Wards 7 and 8. Now that the study is complete, the results can be summed up with a quote from Jennifer Steingasser's OP memo to the Zoning Commission - "There [are] many many areas in the community where the existing zoning is not consistent with the existing housing type." This simple fact is going to change the landscape of possibilities for property owners and potential developers in Marshall Heights SE.

With their study results in hand, the Office of Planning is petitioning the Zoning Commission to rezone roughly 1,100 properties within an area bounded by East Capitol to the north, Southern Ave to the south, Central Ave to the east and Benning Road to the west. The land mass, which incorporates part of the Marshall Heights community, will be rezoned from the R-5-A Zone District to R-2 or R-3 districts. 'Downzoning,' in official parlance, reduces the size and type of building that can erected without a zoning exemption.

The reason is simple: with the current R-5-A zoning, the number of housing types that can be built is less restrictive, and includes single-family houses and (more significantly) multi-family apartment buildings - the only requirement is that to build the latter, a developer must receive Board of Zoning Adjustment approval. Now however, OP is proposing to restrict potential development in these areas to only single-family detached and semi-detached houses, row houses, churches and public schools.

On November 19, 2007 the Zoning Commission "set the case down" for a public assay; now, zoning has issued a Notice to the Public to attend a hearing on March 3, 2008, where the proposed text amendment will be reviewed. In the arcane mysticism of zoning, once the case is set down, the 'set down' rule goes into effect, forcing developers to act as if the zoning amendment has already taken place.

The reasoning behind this zoning strategy is to restrict future developments in the area to buildings with 'low density character.' Because the area under the study's scope contains many vacant lots, there exists the potential for 'infill development' where developers can squeeze as much square footage out of a given site with the use of multi-family projects. Steingasser's memo cited the District's Comprehensive Plan to sum up OP's point: "Infill development of vacant lots is strongly supported in the District...provided that such development is compatible in scale with its surroundings." Apparently, OP believes that the Marshall Heights area is not compatible with multi-family housing.

In the November 19 hearing, John Moore with the Office of Planning gave this postscript: "There are many, many, many small lots in the Marshall Heights community...where developers are proposing to put four to 12 unit apartment buildings. Often times those sites sit right in the middle of where there are single-family detached houses on most of the block. Obviously that increased density will have an effect on that existing character of the neighborhood." Chairman of the Zoning Commission Anthony Hood responded succinctly, "I think this is a long time coming."

And though lower density housing may seem counter-intuitive, OP begs to differ in this case. Because the District lost many residents due to a mass exodus to Prince George's County in search of a lower cost of living, DC planners see the current rezoning strategy as a way to maintain property values and uphold single-family neighborhoods. Steingasser's memo highlights this point: "Whereas the neighborhood lost families to Prince George's County and elsewhere in the past, it may gain families from these areas in the future if it builds appropriately designed housing, provides quality schools and improves public services." One down, two to go.