Monday, March 22, 2010

North Bethesda Market's First Residential Units Will Be Ready by Summer

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The best views in Montgomery County will be up for grabs when JBG begins leasing MoCo's tallest building in the coming days. According to The JBG Companies' Marketing Manager, Julie Contos, the first of North Bethesda Market's 397 rental apartments are scheduled for delivery the Summer of 2010, but will become available for lease by "late Spring" but the group has not finalized the rates yet. In case you haven't heard, North Bethesda Market is the mixed-use development located off Rockville Pike across from the White Flint Mall; at 24 stories a dwarf by NYC standards, but that nonetheless made its way into the (local) high-rise record books after topping off last August. HKS Architects designed the 187-unit tower, as well as a 6-story, 210-unit apartment building and 200,000 s.f. of retail that make up the Everest of local architecture. In a discussion with DCMud, Mike Nicolaus, Managing Director of the DC office of HKS, says the project and the designers behind it are at "the front-end" of a "broader transition" taking place throughout the beltway, a shift to "higher-density, more walkable, transit-oriented communities." And in an effort to achieve what Nicolaus calls a "more urban street grid," Executive Boulevard was extended to connect with Rockville Pike.In addition to serving as home to the Food and Drug Administration's offices, two of JBG's Office Buildings at 11400 Rockville Pike and 5515 Security Lane act as partial anchors to the development. Look for an additional Whole Foods and LA Fitness anchor to open later in the Summer or early this Fall. As for the names of the additional retailers setting up shop along the Pike: Nicolaus can only tell us that JBG is "working on getting new deals in place." A spokesman from JBG was equally cryptic but promised that news on that front will be coming available "in the next couple of weeks." 

Bethesda real estate development news

Sunday, March 21, 2010

Donatelli Breaks More Ground in Petworth

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Georgia Avenue, donatelli Development, Willco residential, Eric ColbertDeveloper Donatelli Development broke ground this past week at 3801 Georgia Avenue, until now a vacant lot in DC's Petworth neighborhood. The 49-unit, 7-story project will rise across from the Petworth Metro, and across the street from Park Place, Donatelli's last project.Donatelli Development, Georgia Avenue, Eric Colbert, Petworth Originally the project was a joint venture between Willco Residential and Donatelli, but a source at Donatelli says Willco is no longer involved in the building. Eric Colbert & Associates has designed the heavy-gauge steel and concrete building. Donatelli reports that the project will not have a retail component. Donatelli Development, Georgia AvenueGiven its proximity to Metro and retail components in the neighborhood, this could be the beginning of a more "downtown" Petworth, which has lacked a concentration of sustained retail, even along the busy Georgia Avenue corridor. While the groundbreaking was more ceremonial than real, actual work on the project is expected to get underway within weeks. The building will take up most of the empty lot, though the northernmost section of the land, at 3825-3829 Georgia Ave., will not be built out at this time. Donatelli plans a smaller project on that portion, with first-floor retail and "a small amount of residential" on the upper floors. That project will be designed by Bonstra Haresign Architects. In addition to proximity to Donatelli’s recently completed Park Place, the corner will also soon be home to a new CVS, and just next door, a historic rehab-turned-restaurant, a project that kicked off just two months ago. There should be no shortage of affordable housing in the neighborhood, as just a few blocks north is the Georgia Commons Project, creating 119 of its 130 apartments as "affordable," while just to the south is the ambitious Park Morton project, a massively subsidized 500-unit community in the final planning stages. 

Washington DC commercial property news

Friday, March 19, 2010

Banneker Ventures Questioned on Development Process

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Pressure on Mayor Adrian Fenty heated up today as questions increased about the Mayor's developer selection process amid news that WMATA may be backing away from Banneker Ventures as a development partner. Banneker has been awarded numerous projects worth tens of millions of dollars by the Mayor's office despite its perceived lack of development experience.

Today, the WMATA board removed the Banneker project "The Jazz @ Florida Avenue" at 8th and Florida Avenue from the agenda for the real estate committee next Thursday, at which time it would have taken-up a joint development agreement for the WMATA-owned property. Today's move comes after WMATA issued a 120-day extension on the agreement in September 2009. Banneker was chosen for the project in June of 2008, but has not yet started work on the site. More than a year later it announced it would partner with Bank of America and had petitioned for government funds, advances that were to have moved the project forward. The developer had already been pledged a $7m TIF grant from the District.

The move by WMATA likely comes in response to questions raised first by this publication about justification for awarding so many projects to a team with so little apparent experience, then by the CityPaper and Washington Post about the how the relationship between Banneker's founder and D.C. Mayor Adrian Fenty may have affected the selection process. The two men attended Howard University and were in the same fraternity.

In addition to the WMATA site on Florida Avenue, the virtually unknown Banneker has been selected by the District on numerous multi-million dollar projects throughout the city, despite a large roster of construction and development firms available for such projects as private financing for construction was drying up. Banneker's luck began in late 2007 when it was selected by the District to be part of the $700 million Northwest One project. Around the same time, Banneker was named as a master planner on the monstrous Park Morton project (see DC's summary). Despite lack of movement in those two projects, or on its private projects (see more below) it was then selected for a string of projects such as the WMATA site in June of 2008, and by DC for the iconic Strand Theater in July of that year, then in October to head the $33m Deanwood Community Center project. In October of last year the District named Landex Corp, Spectrum Management and the Warrenton Group as developers of Park Morton. The Warrenton Group is run by a former Banneker member that has also had a contentious relationship with the city.

Park Morton raised eyebrows at the Mayor's development process for yet another reason; the District announced just last October that the Mayor had selected its team members for Park Morton in part because that development team said it controlled and would bring the Central Union Mission site into the development plan, increasing its scope. DCMud learned a few days later that the Missions' owners had never agreed to transfer their property to the development team, calling into question the District's selection process and the claims made by the development team to secure the project. Banneker is also being considered for its development offer at Hill East, a massive 50-acre parcel on the Anacostia River. Banneker's publicly-funded projects at the WMATA site, the Strand, Park Morton have yet to break ground.

In a contentious radio interview on the Kojo Nnamdi show following the announcement, Omar Karim, founder and principal at Banneker Ventures, called out the WMATA board for further delaying review of the agreement on the RFP awarded in 2008. In the interview, Karim, who dismissed suggestions that the board had legitimate concerns, argued that WMATA continued to "move the bar" on his project for "political" reasons. The Jazz @ Florida Avenue would theoretically bring 124 apartment units above 20,000 s.f. of ground floor retail and a 61-space parking garage to 3 flea market-sporting lots.

Tom Sherwood, resident analyst at NPR, asked Karim how many contracts he had received prior to Fenty taking office, to which Sherwood ultimately answered his own question with "none." Asked specifically about his experience, Karim answered that he had solid development experience at a large firm prior to starting Banneker, but would not name the firm or elaborate on the experience. As for Banneker's experience, Karim could only cite that his firm held an office building in Silver Spring and an unspecified site in which he "has been in conversations with Safeway about developing." At the time of publication, Safeway was unable to confirm or deny these conversations.

So what about that Silver Spring office building? That would presumably be 814 Thayer Avenue. Banneker purchased the site in May of 2006, submitted plans later in the year, and in July 2007 obtained Montgomery County Planning Board approval of a preliminary plan for a 52-unit residential building, a plan that was reviewed in November of 2007. The next step would be site plan approval, but, to date, the team has not even submitted a site plan to the planning staff for certification. Banneker will need a certified plan before the group can file for any construction permits for the property, making the September 2010 ground breaking date seem, at best, optimistic.

The 5-story Thayer project, designed by Sorg & Associates, would entail construction of a 53-unit condominium, in place of National Association of the Deaf office building. Joshua Sloan, a staff reviewer at the MNCPPC, provided an update on the project, "my understanding is that they want to amend their proposal, but I have not seen anything. I suppose it is "officially still pending." Sloan and his comments are the last stop before Banneker can proceed, a process which "can take a week or a year...depending on the Applicant’s response time to comments."

Banneker's website also boasts the Pattern Shop Lofts on the Waterfront, a project led by Forest City Washington that has not yet broken ground. Banneker registered with the District government as a small, minority-owned business in 2005.

Washington, DC real estate development news

Capitol Hill Condo Opens Saturday


Washington DC commercial property salesCapitol Hill's newest condo opens for sales on Saturday. 15 East is expected to be ready for occupancy by mid April. The 4-story building, by Macy Development, will offer condos for sale, Capitol Hill, Washington DC real estate, 284 15th Street, southeast, DC, 200034 one-bedroom and 4 two-bedroom condos for sale on the corner of 15th and C Streets, SE. Prices will start at $289,900 for the one-bedroom units and $389,900 for each of the two-bedroom condos.

Located 3.5 blocks north of the Potomac Avenue Metro station, near the new Harris Teeter, construction on the new building began in late 2007 but halted during the financing drought. The project was revived earlier this year, with completion scheduled within the next 4 weeks. Two-bedroom condos will come with the option to condos for sale, Capitol Hill, Washington DC real estatepurchase parking, and all will have some private outdoor space. Two bedroom condos feature a corner living room with a wall of glass facing south and west. Sales and marketing by DC Real Estate.

15 East
285 15th Street, SE
Washington DC, 20003
Commercial construction project, Capitol Hill


















commercial construction on Capitol Hill, sales and marketingWashington DC real estate devel
opment news

Thursday, March 18, 2010

District to Give Money to Start Rhode Island Mixed-Use

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Today the District government announced it will provide financing for development team Urban Atlantic and A&R Development Corp, meaning plans can now move forward to transform the 8.5 acre surface parking lot at the Rhode Island Avenue Metro station, one of DC's most stalled projects, into a sizable mixed-use neighborhood, Rhode Island Station. The District will provide $7.2 million in financing through a PILOT note toward the $108 million project, which will bring 274 residential rental units above 70,000 s.f. of retail in two buildings. Additional financing will come from the federal government in the form of Federal New Market Tax Credits and a traditional HUD-backed loan. Today's announcement marks a significant step toward the execution of the District's Great Streets Plan for Rhode Island Avenue.

The developers today also closed on their ground lease agreement with WMATA, which has been working with the development teams for almost a decade since Metro's initial Request for Proposal in 2001. As part of the exchange with metro, the development will provide a 215-car WMATA garage alongside the busy Rhode Island Avenue/Brentwood Metro station.


According to a release from the Deputy Mayor for Planning and Economic Development's office, the residential project will include 54 (or 20%) affordable housing units at 60% area median income. Rhode Island Station - formerly Brentwood Town Center - will also include a community center and two private parking garages for residents. Designed by Lessard Group Architects, the project will feature ground floor retail with sidewalk cafes and "heavy landscaping" along the streets.

The development team originally won final zoning approval in April 2007 and were initially scheduled to begin construction July 2008. Clearly that time line did not work out. A ground breaking is not tentatively scheduled for May of this year and construction could complete in summer of 2013, if everything goes according to plan this time around.

The surrounding area has had many plans in the works over the years, see Brookland Square for example, which have not been able to get past the planning stage.

Washington, DC real estate development news

Notes from the Underground

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DC Mud is pleased to announce it’s new architecture column, “L’Enfant Terrible” by Andrew Cocke. Though he left his urban heart in Manhattan years ago, Andrew is a Washington native, returning in 2007 after living and working in New York, San Francisco, Berlin, Shanghai and Hong Kong. He studied architecture and planning at Virginia and Yale, is LEED accredited, and teaches architecture at the Catholic University of America. He started his practice, HERE design in 2006 which specializes in high performance sustainable design.
More from L'Enfant Terrible...


Could it get any worse for Michael McBride, manager of MetroArts, Metro’s Art in Transit program? After numerous snowmageddon delays and a derailment last month crowned Metro’s abysmal safety record, the agency cheerfully announced the latest acquisitions for their Art in Transit program, prompting many Washingtonians to ask why Metro is spending money on art when it can’t even keep its passengers and employees safe. And then came the insult to injury: McBride, along with dozens of other Metro employees, was laid off in an effort to close Metro’s forty million dollar budget gap.

To set the record straight, artwork in Metro is funded entirely by private donations, and McBride was promptly reinstated by Metro’s board. But McBride’s greatest challenge remains: how to place art in such an overbearing, dark, inhospitable place.

Don’t get me wrong. This critic, like most architects, loves Metro, but it is a decidedly difficult venue for art. If you ask architects to name their favorite architecture in Washington they will mention the White House, the Jefferson Memorial, the Lincoln Memorial, the Capitol; the usual suspects. In 2006 the American Institute of Architects asked their members (and civilians too) to name their favorite architecture in America and surprisingly Harry Weese’s brutalist design for the Metro system was ranked number 14 among buildings in Washington (and 106 nationally). And if the poll had been limited to architects, Metro might well have ranked higher.

Weese’s great innovation was to design the stations not as a series of ever deeper basements but as a single subterranean nave into which the mezzanine concourses are loosely inserted like ships in a bottle allowing fluorescent lamps at the base of each curved wall and between the tracks to wash the entire volume with light. Weese rejected the white-glazed ceramic tile that had been used in New York, Paris, and London subways in favor of raw concrete, dark bronze and dark red quarry tile. The advantage of these unfinished materials is that they hide the inevitable: the cracks, water leaks, discarded bubble gum, and subway grime all disappear against the rough textures in Weese’s rugged palate.

But as surfaces for displaying works of art, they are totally unsuitable which explains why much of the art in Metro is clustered around station entrances, before one descends into the totalizing aesthetic of Weese’s underworld. The only flat surfaces inside the cavernous
stations are the end walls. But Metro trains are rarely as long as the platform so most riders never see the end walls of the station. It has probably been years since anyone looked at Constance Fleures’s, “The Yellow Line” which hangs forlorn on the south end wall of Gallery Place’s yellow line platform—its yellow neon unlit, its Miami Vice checkerboard and triangles hopelessly dated.

The biggest problem however is that much of the artwork chosen by MetroArts is merely decoration, intended to dress up a space that is utterly resistant to decoration; the visual equivalent of Vivaldi played in a steel mill. Hazel Rehold’s “Ribbons and Jewels” at Metro Center might be perfectly suited to a richly-appointed hotel lobby, bathed in the warm glow of their light, but the stained glass sconces are mounted too high on the wall to make out their intricate detail and are too small to have much impact on the cavernous Metro Center.


While size does matter, in the right places very small works can make a big impression. New York’s subway system boasts a better collection contemporary blue chip artists than most museums, but some of the most wonderful moments in New York’s subways are small, whimsical surprises by less well-known artists like Tom Otterness whose bronze alligator crawls out of a manhole on the platform to grab a hapless sculpture or this delightful installation in Stockholm’s art-rich subway encouraging riders to use the stairs instead of the escalator.

Artwork in Metro must be prepared to do battle with Weese’s design. Jorge Martin’s imposing marble piece at the entrance to the Archive-Navy Memorial station picks up and then warps the rhythm of Metro’s typical concrete panels as if Weese’s walls have been torn away to reveal some ancient boat hull entombed behind the concrete. There is an even better precedent in Washington: Leo Villareal’s wildly popular LED installation “Multiverse” which transformed the tunnel between the east and west wings of the National Gallery of Art. One hardly notices I.M. Pei’s signature P-shape passage because of Villareal’s leap into hyperspace. How many commuters would happily miss their trains to watch Villareal’s mesmerizing patterns wash across the Weese’s vaulted ceiling.Washington D.C. is not, let’s face it, an art town. There are many serious artists in Washington, but you wouldn’t know it by looking at our Metro stations. Penguin Rush Hour at Silver Spring and other large-scale murals and mosaics are a perfectly pleasant relief from Metro’s waffled concrete monotony, but few if any will stand the test of time like the great WPA murals.

Just as Metro is taking a close look at its safety procedures, it might be time to reexamine MetroArts’s selection process to encourage works that stand up to and enhance the overwhelming aesthetic of Weese’s architectural vision. And its well past time to enact some procedure for decommissioning works that haven’t aged well. Most importantly, Metro should redouble its art acquisitions efforts. Not every piece must be a work of art so to speak, but each should at least be engaging and provocative because as much as we all love Weese’s stations, they need to lighten up.

Wednesday, March 17, 2010

Justice Park Showdown

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Four development groups are vying for the opportunity build new residential on the site of the former Justice Park, a 12,000 s.f. parcel at 1421 Euclid Street N.W. in Columbia Heights. At an ANC meeting yesterday, teams presented their visions and their reasons to "pick me," though the plans all essentially create the same affordable residential product. As the developers compete over design, community benefits and financing capabilities, one group has less-than-subtly accused the rest of making empty promises. Though that sounds a lot like hot air, it gets to the core of an issue raised by our readers in response to DCMud articles on recent RFP awards and the opaque selection process for winning projects. It will be interesting to see if such a message resonates with the community and if it effects a change in the selection process in the Mayor's office. We're doubtful.

The Argos Group/Potomac Investment Partners joined forces with Sorg Architects and Ellisdale Construction to present a condo building with 34 units, 12 of which will be affordable. The futuristic, Jetson-like glass design will be built to LEED standards and offer 40 parking spaces. The team boasted local credentials and a relationship with the Fraternal Order of Police; we don't know what that has to do with getting the bid but it sounds impressive doesn't it? In the 30-slide presentation, the group did not discuss how the project would be financed, save for one bullet point, on the 29th slide, citing "financial capabilities." Hmm, doesn't quite ooze confidence.

Next up is the Euclid Community Partners, comprised of Dantes Partners, Perdomo Group and Capitol Construction Enterprises. The group proposes 37 units - all affordable rentals - for households earning at or below $60,000 a year. The spin for Euclid was that there are plenty of available luxury condos for high-earners nearby, but not enough workforce housing; they are filling a need in the community. The development team also boasts an available, self-financed $550,000 pre-development budget, claiming that the project would not require District funding. Now that's something to give pause. Dantes had luck on another RFP recently as part of the West End Development project team.

Now, for the self-proclaimed heavy hitter: Mosaic Urban Partners, Bogdan Builders and Bonstra Haresign Architects. The team promoted plans for their "Justicia" (ick, try again), a 27-unit, four story residential building with 8 "income restricted homeownership units." The Justicia team tried to rattle the competition in a two-fold strategy. First, by raising concerns about other groups' abilities to finance and deliver on projects, especially in these tough economic times. Bogdan claims they have abilities, pointing to their Logan Station project, which finished sales in 2009 - a tricky point, since they actually finished build-out in 2007, well before construction financing dried up. Mosaic also argued that a smaller project, like theirs, does not require any zoning approval and is therefore a better bet than one that does. Fair enough, though the competing designs could gain ANC support and probably will not make too many waves during zoning review.

Finally, the Neighborhood Development Company (NDC), with partners Hamel Builders and PGN Architects, propose a 39-unit, 5-story condo building. The project would offer 12 of the units as affordable and boast LEED Silver design elements. The only team to give a timeline, the NDC team indicated the project would require a zoning change, meaning the building would likely deliver during the first half of 2013. NDC has delivered projects like The Residences at Georgia Avenue during the financing crunch, though the team did not indicate whether or not it would require District funding.

According to the timeline on the website for the Deputy Mayor for Planning and Economic Development, a winner should be announced this month.

Washington DC real estate development news


Correction:
The developers pointed out to DCMud that though the Logan Station project finished in 2007, their Cityscape on Belmont project was financed and sold out during the crunch. 

FHA Mortgage Insurance Going Up

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Financing
April 3rd is the last day to get the cheaper financing rates for FHA loans. As of April 4th, MIP, or mortgage insurance, rises from 1.75% to 2.25%, for any application submitted for loan approval. Buyers have 75 days after application to go to settlement to have the lower rate apply. For the math challenged, that translates to $1,500 on a $300,000 note - almost reason enough to stop negotiating and make that offer.

Tuesday, March 16, 2010

Bethesda Church Plays the Development Game

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The Christ Evangelical Lutheran Church of Bethesda-Chevy Chase in Woodmont Triangle is getting an education in what it means to be a developer - from parting ways with project team member Bozzuto Group, compromising with disgruntled neighbors, and now starting over after a zoning defeat. Back for more, the Church recently received two positive reviews from the Montgomery County Park and Planning staff and Montgomery County Planning Board and is waiting on two more from the County hearing examiner and then from the County Council. The process should commence in earnest by this June, God willing, when the search for an amenable development partner begins anew.

On the boards is an eight-story residential building with 107 residences and six-story church and community center, combined for an unlikely architectural partnering.

The original plan called for separation of church and, well, community center, but concerns raised by neighbors and the hearing examiner compelled the Church to adjust its plans and marry the two uses into one 53,000 s.f. structure, reducing the size of the overall project by 25,000 s.f. The church and community center will sit next to the new residential building. Virginia-based MTFA Architecture is the project architect.

The Church project will sit on two-acres, currently occupied by a church building and attached community center, several single-family homes and a surface parking lot, all of which will be razed. All parking for the new project will be in two levels of below-grade lots.

The Church originally partnered with Bozzuto in 2006. When the hearing examiner denied the application in 2007, thereby lengthening the development process, and the economic situation took a turn for the worse in 2008, the team "reevaluated" their relationship, according to Barry Lemley, the owner's representative for the church. Lemley said the partners looked into revising the sale agreement, but when "it became apparent we still had some differences, we agreed to not renew the sale agreement" in April 2009. The break up left the church without a private development partner and Bozzuto with the right of first refusal should the project be resurrected. Lauren McDonald, Manager of Corporate Communications at Bozzuto, confirmed that the company was "actually not involved in the project anymore."

"We are not your normal developer," said Lemley, "we are not in this for profit and we brought this to market - we were not approached by Bozzuto or another developer." Lemley was optimistic that the new plans would be approved and that either Bozzuto or another developer would come to the Church about partnering on the project. Lemley said the Church wants a developer to build the core of both structures and to finish the residential project. Another developer with expertise in such structures would likely work on the interior of the new church and community center. Suggestion: talk with First Baptist in Silver Spring to see how they're doing things, but MFTA has a similar project on the boards with the Views at Clarendon.

The building will include 17 moderately-priced dwelling units.

Bethesda real estate development news

Monday, March 15, 2010

M.M. Washington Goes to Urban Matters and Mission First

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Today D.C. Mayor Adrian Fenty made the not-entirely-surprising announcement that the winning group to redevelop the M.M. Washington Career High School at 27 O Street N.W. will be a team made up of UrbanMatters, Mission First Development, Mt. Lebanon Community Development Corporation and Square 134 Architects. Responses to the RFP for M.M. Washington, one of many excess schools offered up in 2009, were due March 27, 2009. The winning team submitted one of only two responses; the other coming from the Cultural Development Corporation (CuDC). The school will be developed into 90+ units of affordable senior housing, The House of Lebanon, and 15,000 s.f. of community space with an estimated project cost of $25 to $30 million. CuDC's project would have brought mixed-use office and artists' studios to the neighborhood.
Also involved in the 94,000 s.f. project is the Mt. Lebanon Baptist Church, which sits just a few blocks away from the project site and is part of the Washington Interfaith Network (WIN). WIN also received the development rights for the Dix Street properties recently. Fenty reminisced about WIN saying the group "has come a long way"since he first began meeting with them, adding that WIN is now a "full-fledged community partner and developer."

The story here may be more in what will not be developed. The CuDC's plan is similar to the RFP the group released seeking development partners to build arts-oriented projects to catalyze neighborhood development. When reached for comment this morning about the pending announcement in favor of the opposing team, Anne Corbett, Executive Director for CuDC, had some revelations about the project. CuDC had not heard anything formally from DMPED's office about the RFP application in almost six months, and Corbett said she was "frustrated that a media advisory went out" without the District notifying her she had lost the bid. Oops.

Corbett described the project her team submitted as a mix of artists studios and creative commercial office spaces for "folks craving something with a rougher, more industrial aesthetic with more affordable price tags." Significant about the arts project, Corbett added, was that it required only an initial seed contribution from the District government, but would not need "ongoing public subsidy. "It was a sustainable plan," explained Corbett, that would have created "a fair amount of tax revenue [for] the District; but apparently that was not the preference."

The House of Lebanon, according to Pastor Edmunds of Mt. Lebanon Baptist Church, will require $6 to $8 million in low-income housing tax credits, the "rest will be private." Edmunds and the development group estimate a mid-2011 ground breaking and a late 2012 finish date.

Corbett, however, was skeptical on a project requiring so much in financing that is not available. About the plans to use the low-income housing tax credits, Corbett said, "right now the District does not have any to distribute" and she worries that this plan will require "a whole lot of public money; or it will sit on the shelf until there is a substantial rebound in the market." At the end of the day Corbett says, "it's not to say they needed to pick me," but she worries that "the project will sit for five more years."

In the RFP for the site, like others including the recently awarded Hine School, the District indicated it was seeking experienced developers with creative visions for utilizing the land and/or buildings. It is not entirely clear that either of those criteria was met.

Washington, DC real estate development news

Friday, March 12, 2010

Skyland's Supreme Challenge

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Real estate development is sometimes an agreeable collaboration, sometimes a struggle, and all too often a wordy brawl, but seldomly is it constitutionally challenging. But that may well be the case in southeast DC's Skyland Town Center project, now in its 8th year of development. What began as a plan to redevelop a needy southeast neighborhood, a benefit most agreed was overdue, has morphed into a property rights battle that tests the U.S. Supreme Court's decisions on property rights.
Eight years ago, the National Capital Revitalization Corporation (NCRC) began planning a makeover of the strip mall, proposing 450-500 residential units and 280,000 s.f. of retail at the intersection Alabama Avenue and Good Hope Road, an area that saw none of the rejuvenation that occurred downtown over the last decade. The District-funded NCRC recognized the spot as a bullseye to spur development, one where private industry alone might not be tempted. The choice seems apt; shuttered beauty salons accompany a check-cashing outlet, a Discount Mart offers faded displays in the window, and the mismatched storefronts are united as much by their nearly-matching green awnings as by their peeling paint and disrepair. On a warm day, car traffic is heavy but the few pedestrians seem more inclined to linger on one of the park benches in front than patronize the stores.

Promoters have a vision: "A 20-year old dream, conceived by Ward 7 residents when this 16-acre site in southeast Washington, D.C. was declared a redevelopment zone in the late 1980's...will transform a disjointed retail area with limited offerings into a cohesive, well-designed, prominent living, shopping, and gathering place." Planners presented at a meeting to the ANC in February, promising a new retail experience for southeast: concentrated retail, multi-family residences, three above-ground parking garages, a 5-story streetfront presence, and reducing vehicular access points for less interrupted pedestrian traffic. As a bribe to locals, builders will throw several million dollars at homeowner counseling services, retail build-out subsidies, park improvements, sidewalk and road enhancements, and job preparedness.

The project was initiated during Mayor Williams' term, but the Fenty administration has gotten squarely behind the project, helping bring together the parties and promoting the project. The Council has even offered a $40 million Tax Increment Financing (TIF) package to provide gap financing to the team, a consortium including Rappaport Companies, William C. Smith & Co., Harrison Malone Development LLC, the Marshall Heights Community Development Organization (MHCDO) and the Washington East Foundation. The Feds, for their part, threw in $28m of funding to show their support. Even the ANC, which usually love development as long as its not in their district, voted to support the project.

With all the economic incentives and mutual bonhomie, what could stop such a beloved juggernaut? The people who own the land. A not-so-small detail in the rehash is that neither the development team nor the city owns most of the property; private owners (originally 15, predominantly retailers) still claim title to the land. And with concerns about displacement and the possibility that once the site is emptied developers will not have financing to build up again, owners fret that selling out means closing down, for good.

The District government is sympathetic, but not very. In view of the greater good for the area, the economic development that will ensue and tax revenue that will one day flow, District planners have opted to proceed with or without the owners' approval. In May of 2004, the District passed "emergency" legislation authorizing NCRC to use eminent domain proceedings - where the government determines and pays a fair market value and takes over the land - to acquire the 40 parcels it needed "in order to show the commitment of the D.C. government to the project." As the argument went at the time, if the District could not pull together a united front, financiers and an anchor store would be hard to come by.

That gave gastric reflux to at least some of the owners, who filed a counter suit to prevent the taking. The owners had two primary arguments: that the original PUD filed with the Zoning Commission was filed by a group that did not include the owners - an issue that is still outstanding - and that the eminent domain proceeding was unconstitutional, i.e., that the land was being taken for private use, not "public use" as required for eminent domain.

At this point forgive us for a brief Constitutional digression. The 5th Amendment to the Constitution reads, in part: "nor shall private property be taken for public use, without just compensation." Characteristically simple language for the foundation of U.S. law, but one that has caused recent debate. Until recently, it was obvious that sole authority for snatching land had to spring from a "public use" (building a new road or sidewalk, laying electric cables, forming a park, or even laying a railroad which served without exclusivity) - one where the government could take the land to further provision of a community service.

All that changed dramatically in 2005, when the U.S. Supreme Court issued its decision in Kelo, et al. v. New London, CT, et al. In the Kelo decision, the city of New London created a development plan for a waterfront neighborhood around an upcoming Pfizer research center. The plan was for parks, office space, retail and parking that would enhance the Pfizer site, one that was “projected to create in excess of 1,000 jobs, to increase tax and other revenues, and to revitalize an economically distressed city..." Some lifelong homeowners, however, resisted giving up their waterfront homes, so the city and a private entity called the New London Development Corporation (NLDC), used eminent domain proceedings to oust the residents.

The Court found for the city, arguing that although much of the space would not go to "public use", the Court decided it "had long ago abandoned any literal requirement" for reading the 5th Amendment, literalism being "impractical given the diverse and always evolving needs of society." So much for the 5th Amendment. The court abandoned the "public use" requirement in favor of a "public purpose" requirement; in other words, if the local government found a generalized benefit of some sort (such as "economic development") to the community, it was free to authorize the seizure of one party's land by another party. In addition to getting value-enhancing development next door, Pfizer received corporate subsidies to encourage it to build, while the shore-front owners were soon evicted and had their homes razed.

Kelo remains the Court's official position, and the Skyland project has nearly identical circumstances. But owners here see even less public use than in Kelo - no parks or public waterfront - distinctions that helped the court reach its decision. With the Court having lost Justice Souter, a key liberal vote in the 5-4 opinion, another look at the same issue might find a distinction in the circumstances that warrants a different outcome. (Conservatives, more furious with Souter than ever after this decision, later proposed an eminent domain proceeding against his private New Hampshire home for the "public benefit" of turning his family home into a museum dedicated to individual liberties and the study of the Constitution. Property rights activists used the decision to launch national speaking tours).

While the ruling is a bitter pill to retailers at Skyland, the worse aspect may be the knowledge of what took place after the decision. In New London, the city removed the homeowners and bulldozed historic homes, only to have the development plan fail for lack of financing. The former neighborhood remains flattened and unused. Pfizer later announced that it will pull out of its research center, just as its tax incentives reach their 10-year expiration.

Dana Berliner, Attorney with the Institute for Justice, was co-counsel on the Kelo case. In a conversation with DCMud, Berliner said the instance of eviction without subsequent development is a very common one. "What you are talking about here [at Skyand] is really speculative. Its a big development in a difficult part of town...that project could easily end up destroying the jobs that already do exist at Skyland. They could spend tens of millions of dollars and end up with nothing. Now, the project actually does employ people and raise tax dollars." Zina D. Williams, ANC Commissioner for ANC7B is more sanguine. "We have worked carefully with the developers to ensure there will be a space for the old tenants." Will the developers have the money to proceed with construction? "Yes, they definitely do. Rappaport and the development team have been working with assisting [owners]. ANC7B and the developers have been working very hard to accomplish what's best for the project; we are confident this project will go forward, we definitely support the development team."

In the wake of Kelo, many states revised their eminent domain laws to prevent such abuse, but the District did not. Elaine Mittleman, an attorney representing several of the parties in litigation with the District and aware of the Kelo fallout, refutes the notion that owners and tenants have been well cared for, and notes that this development is "highly speculative." Mittleman believes the developers have neither sufficient financing nor any substantial tenants, despite having previously teased the community with the promise of a Target. Representatives at Target have repeatedly denied they have any plans to open a store there, and the Skyland website says only that "the site is being marketed to prospective tenants."

Mittlement notes a change for the worse once NCRC was abolished and negotiations shifted to District attorneys, claiming that the District has never negotiated in good faith with the current owners, some of whom have come to agreements on a buy-out, only to have the offer reneged when the District took over from NCRC. But others may have it still worse. "While the owners have a right to 'just compensation,' tenants don't have such rights and have never received an offer to be made whole...and while homeowners must be relocated, businesses have no such right, and the District has done very little to help them."

The Mayor's office says only that "there are several outstanding legal issues associated with the project that have complicated the development process, but the District is working closely with the development team...to accelerate the pre-development work so the project moves on a parallel track with the legal process." Mittleman contends that fighting eviction during a recession has pushed several of her clients close to bankruptcy. "Some of the business that are now shuttered were operating when the this plan became known, this process has already forced some to close." Berliner supports that contention. "Many, if not most, condemned business do not reopen. They almost never get enough to start over" she said, citing the Nationals Ballpark as an example of eminent domain that cost alot more and produced less development than predicted.

Councilmember Kwame Brown, who may have the last word on the subject, told DCMud that property owners are at fault for not listening to the community and allowing their businesses and Skyland to become blighted. Brown said neighbors want to be able to shop in their community, but have had to watch as other neighborhoods throughout the city have been redeveloped, some of which came about through eminent domain. "The community is sympathetic toward the owners, but it's hard to attract an anchor tenant when you are mired in a lawsuit...We are going to move forward and get this done. We will develop Skyland shopping center."

Washington, DC real estate development news

Thursday, March 11, 2010

Eastbanc Wins West End

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Life is a circle, of course. To underscore that point, the District government announced today that Eastbanc won its bid to redevelop three underused properties in the West End. The D.C. government issued the RFP last July, after a contentious process in which Eastbanc had been awarded the rights to develop the land in 2007, only to have a public outcry over no-bid contracts stop the process, and give the Council a morning-after moment and, shocked at what it had done, recall the land sale to Eastbanc. That, in turn, led to the Deputy Mayor for Planning and Economic Development to issue a fair and balanced solicitation last July, which received two offers, one from an Eastbanc partnership, the other from Toll Brothers, Paramount Development and Torti Gallas. Now, two and a half years after the Council pulled the plug on Eastbanc, the city has given it the official nod to develop the three sites. To those few unfamiliar with the sites, the properties include the West End Library, fire station, and special operations police unit, all low-rise relics in a sea of pricey condominiums. EastBanc had said in its initial proposal that Square 37, the current site of the library, would sport a 20,765 s.f. ground floor library with a 10-story residence above (rendering below). Designed by Ten Arquitectos, the plans call for approximately 153 market-rate residential units on the 2nd through 10th floors, 235 parking spaces and 10,000 s.f. of ground floor retail. LeMay Erickson Wilcox Architects will be the architects for the fire station and WDG Architecture will be the architect of record. Eastbanc's designs for Square 50 - the fire station - include a replacement fire station and mezzanine with 52 affordable residential units on the 2nd through 4th floors. Eastbanc's Anthony Lanier predicted a renaissance, thanks to the $150 million project, saying "we want to make a community...not just a street with 10-story buildings." Asked about how the new plans differed from those he proposed more than 2 years ago, which could possibly have been built by now, Lanier responded "not much." Eastbanc had earlier said it "can and would build a supermarket on site if the community and city united to support it," but has voiced skepticism about the need for one. The Toll Brother's plan for the library called for 48,000 s.f. of retail, including a 40,000 s.f. grocery store. The library would remain in place; 21,300 s.f. on two levels. To top it off, the building would have been LEED Silver and would have included as many as 220 residential condos. The group did not submit a plan for the site of the fire station. Eastbanc's partners on the project also include the Warrenton Group, Dantes Partners, TEN Arquitectos, and WDG Architecture. Eastbanc also recently won the rights to develop a highly visible Capitol Hill property late last year. Deputy Mayor Valerie Santos said the District would work hard to "ensure what has been proposed moves forward as quickly as possible." Mayor Adrian Fenty added that he expects groundbreaking for the project "at the end of 2012, at the very latest." Washington, DC real estate development news

Metropolitan's Other Options for Shaw's Kelsey Gardens

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Now that Metropolitan Development has a zoning approval and a sweet $18 million tax abatement in hand for Addison Square/Kelsey Gardens, the developer is working with Ideal Realty Group (IRG) to either find an investment partner or sell the whole project outright. The Shaw project recently appeared on IRG's website, though no asking price is currently listed. The proposed eight-story, mixed-use project would have been (and could still be) Metropolitan Development's first DC project.

Craig London, VP of IRG, confirmed that his company was working with Metropolitan to find investment partners/a buyer. When reached by phone, London was surprised (scoff!) that DCMud knew about Kelsey Gardens' status. Our secret source was, alas, the internet; the information having been posted "on, umm, your website." IRG's relationship with Metropolitan started quite recently; London said his company has yet to officially release any investment materials for interested parties, but that the project should be "released to market "in the next couple days."

For now, IRG's site indicates investors interested in Kelsey Gardens have two different opportunities available: a JV/Equity Investment in which the investor would become a development partner or to acquire the fee simple interest on the property and then redevelop it, without Metropolitan. London described it as a fairly safe investment. IRG is setting up the package so that "the investor has no debt financing risk. The investor is not going to be asked to invest any money until the debt is secured," explained London.

Back in January, Metropolitan Construction Manager Jim Wurzel told DCMud, "our intent and our efforts are to get things going this summer," admitting that "in this climate who knows what's really going to happen next week, regardless of what we're trying to do." Touche.

Washington, DC real estate development news
 

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