THE BARD, A JOINT DEVELOPMENT BETWEEN ERKILETIAN DEVELOPMENT

COMPANY AND THE SHAKESPEARE THEATRE, LLC

APPLICATION TO THE DISTRICT OF COLUMBIA ZONING COMMISSION FOR

CONSOLIDATED REVIEW AND APPROVAL OF A PLANNED UNIT DEVELOPMENT

AND ZONING MAP AMENDMENT

February 3, 2016

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DEVELOPMENT TEAM

APPLICANT: The Bard, a joint development between

Erkiletian Development Company and The

Shakespeare Theatre Company, LLC

c/o Erkiletian Development Company 2009 14

th Street North

Suite One Arlington, VA 22201

c/o Shakespeare Theatre Company

516 8th

Street, SE

Washington, DC 20003

ARCHITECT: Shalom Baranes Associates,

Architects 1010 Wisconsin Ave. NW, Suite 900

Washington, DC 20007

INTERIORS: Stoiber & Associates, PC 1621 Connecticut Ave NW, #200

Washington DC 20009

LANDSCAPE ARCHITECT: Parker Rodriguez 101 N. Union St. Suite 320

Alexandria, VA 22314

CIVIL ENGINEER: Bohler Engineering 1301 Pennsylvania, NW #825 Washington, DC 20004

TRAFFIC ENGINEER: Gorove/Slade Associates 1140 Connecticut Ave NW, Suite 600

Washington DC 20036

LAND USE COUNSEL: Griffin, Murphy, Moldenhauer & Wiggins, LLP

1912 Sunderland Place NW Washington DC 20036

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EXHIBITS

DESCRIPTION EXHIBIT

Architectural Drawings; Elevations; Photographs of the A

Subject Property and Surrounding Area; Tabulation of Development Data;

Landscape Plans; Transportation & Loading Plans; and Civil Plans

Zoning Data Development Table B

Surveyors Plat of the Subject Property C

Preliminary Transportation Review Letter D

Agent Authorization Letter E

Map Amendment and Consolidated PUD Forms F

Certificate of Notice, Notice of Intent, and

List of Property Owners within 200 Feet G

Proposed Public Benefits H

Community Outreach Summary I

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PREFACE

This statement and the attached documents support the application of The Bard, a joint

development between Erkiletian Development Company and The Shakespeare Theatre, LLC, to

the Zoning Commission for the consolidated review and approval of the Planned Unit

Development and Related Map Amendment to the Zoning Map of the District of Columbia.

This Planned Unit Development and Related Map Amendment application (the

Application) is consistent with the District of Columbia Comprehensive Plan, D.C. Law 16-

300, 10 DCMR (Planning and Development) 100 et seq. (2006) (the Comprehensive Plan), as

well as the Southwest Neighborhood Small Area Plan, D.C. Resolution 21-128 (2015) (SW

Plan), and numerous other goals and policies of the District of Columbia. Submitted in support

of the Application are completed application forms, a notice of intent to file PUD (with property

owner list and certification of mailing), architectural drawings, plans, and elevations, and a map

depicting the Zoning District for the property impacted by the Application and the surrounding

area. As set forth below, this statement and the attached documents meet the filing requirements

for a Planned Unit Development and Zoning Map Amendment application under Chapter 24 of

the District of Columbia Zoning Regulations (Title 11, District of Columbia Municipal

Regulations).

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TABLE OF CONTENTS

Development Team . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

Exhibits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Preface . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Table of Contents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

I. INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

A. Summary of Requested Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . 7

B. The Applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

II. DESCRIPTION OF THE PROPERTY AND THE SURROUNDING AREA . . . . . . . . . . . . .11

A. Site Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11

B. Site History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11

C. Surrounding Area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13

D. Transit Rich Community . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

III. THE PROPOSED PUD PROJECT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

A. Project Goals and Objectives and the Benefits

of Using the PUD Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15

B. Project Description History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16

C. Current Project Description . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18

D. Development Parameters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26

E. Flexibility Under the PUD Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30

IV. PLANNING ANALYSIS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34

A. Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34

B. The Applicants Proposed Zone Designation is Not Inconsistent with the Comprehensive

Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

C. Land Use Impact . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38

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D. Zoning Impact . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39

E. Environmental Impact . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40

F. Facilities Impact . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

G. Traffic Impact . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

V. PUD EVALUATION STANDARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

A. The Impact of the Project under Section 2403.3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

B. Not Inconsistent with the Comprehensive Plan Under Section 2403.4 . . . . . . . . . . . . . . 43

C. Other Application Filing Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

D. Public Benefits and Project Amenities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44

VI. COMPLIANCE WITH COMPREHENSIVE PLAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49

A. District-Wide Elements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50

B. Compliance with Area Elements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56

C. Compliance with Southwest Neighborhood Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .57

VII. COMMUNITY OUTREACH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62

VIII. CONCLUSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .62

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I. INTRODUCTION

The Bard, a joint development between Erkiletian Development Company and The

Shakespeare Theatre, LLC, (the Applicant) hereby submits this application to the Zoning

Commission of the District of Columbia (Commission) for the consolidated review and

approval of a Planned Unit Development (PUD), and a corresponding amendment to the

Zoning Map of the District of Columbia. The project site, 501 I Street SW, consists of Lot 52 in

Square 498 (the Property).

The Property stands at the corner of Square 498 in Southwest Washington, D.C. The

Property is bounded by I Street SW to the south, 6th

Street SW to the west, a townhome

community to the north, and Amidon-Bowden Elementary school to the east. The Property is

currently unimproved. It was previously the site of Southeastern University, but that structure

was razed in July 2015. The Property includes approximately 36,476 square feet of land area and

is located within the boundaries of Advisory Neighborhood Commission (ANC) 6D.

A. Summary of Requested Action

The Applicant proposes to construct a mixed-use building (Proposed Development or

Project) at the Property that incorporates residential uses, non-profit offices, art studios,

educational space, and housing for the Shakespeare Theatre Companys actors and fellows. The

Proposed Development consists of approximately 136 residential units, including 93 market-rate

units, 9 Inclusionary Zoning (IZ) units, 29 actor-housing units, and 5 fellow-housing units.

The Proposed Development shall house a variety of Shakespeare Theatre Company uses,

including but not limited to rehearsal space, costume fabrication space, non-profit offices, and

education studios. The plans, elevations, and drawings of the proposed PUD project are included

in Exhibit A.

The Property is currently located in the R-3 Zone District. The Property is also located in

the Institutional category of the District of Columbia Future Land Use Map. The Institutional

category does not have a density or intensity designation. The Applicant requests a Zoning Map

amendment to map the Property within the SP-2 Zone District. The SP-2 Zone District is a

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transitional zone, and as explained in detail in the Application, the proposed rezoning is

consistent with the overarching goals and policies of the Comprehensive Plan of the District of

Columbia.

B. The Applicant

The Shakespeare Theatre Company (STC) was established as a program of the Folger

Shakespeare Library in 1986 as a production theatre. In 1992, STC moved from the 246-seat

theatre at the Folger Shakespeare Library to the 451-seat Lansburgh Theatre in the newly

restored Lansburgh building. In 2004, in partnership with the International Union of Bricklayers

and Allied Craftworkers, STC co-developed the final phase of the mixed-use Terrell Place

project with the Harmon Center for the Arts. In October 2007, STC opened Sidney Harman

Hall, a 774-seat theatre in Penn Quarter. Today, STC produces 6-7 theatre productions per year

and hosts dozens of performing arts programs at both Sidney Harman Hall and the Lansburgh

Theatre.

STC also provides arts education programs to more than 44 District of Columbia schools.

STCs District Shakespeare program has served more than 8,000 students from 38 schools across

all 8 wards since 2011 by inviting one grade-level from DC public and charter high schools to

see a STC production free of charge. In addition, STC offers master acting classes for teens and

adults, summer acting camps for ages 9 to 18, fellowships and apprenticeships in theatre

administration and production, and a Master of Fine Arts degree in classical acting at STCs

Academy for Classical Acting at George Washington University.

STC is committed to serving all DC residents, and endeavors to make theatre not a

privilege, but a vital, accessible centerpiece in the community. Each summer, STC presents a

series of free Shakespeare performances as part of its Free for All programming. Started in

1991 to bring free Shakespeare performances to new and diverse audiences in the Washington

metropolitan area, the Free For All presented Shakespeare under the stars at the Carter Barron

Amphitheater. In an effort to make Shakespeare accessible to all D.C. Metro area residents, the

Free For All was brought to downtown D.C. in 2009 and now resides at STCs Sidney Harman

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Hall. To date, the Free For All has reached more than 590,000 area residents and counting. For

the 25th anniversary of Free for All, STC created the FREE WILL ticket program to ensure that

its doors are open year-round to anyone who does not, or feels they cannot, see theatre. The

program offers 1,000 free tickets to each of STCs mainstage season productions on a first-come,

first-serve basis.

STC contributes locally to enhancing the arts culture in both the Penn Quarter and

Capitol Hill neighborhoods, and helps to drive an artistic renaissance in Washington, D.C. Since

1991, STC has leased rehearsal and costume fabrication space along 8th Street SEs Barracks

Row. In 2000, STC purchased its administrative offices and education space in another

building on the same block. To house its actors (a requirement of the Actors Equity standard

contract), STC also leases approximately 18-30 apartments every season across the District. The

multiple operational space locations and varying leases have created increasingly challenging

administrative and operational problems for STC and its staff.

The most pressing challenge of leasing multiple spaces throughout the District is

adjusting and responding to the D.C. real estate market. Since 2007, the Barracks Row

neighborhood has exploded with growth.1 Housing rents have become an increasingly significant

financial burden on STC since the mid 2000s. Rents at STCs production facilities have also

increased steadily. Consequently, STC began to strategically plan for consolidating its housing,

administration and production needs into one facility. In 2011, STC pursued collaboration on a

development project that would have included space for STC, but unfortunately, that project

could not accommodate STCs space requirements, forcing STC to pursue other options. Over

the next few years, STC continued to look for new properties and opportunities to consolidate its

rehearsal and education studios, costume shop, offices, and housing. In 2013, the owner of

STCs leased rehearsal spaces and costume shop desired to increase rents and reposition that

1 On December 11, 2015, the Washington Post reported that 717 8th Street, SE, home to Roses Luxury, sold for $4.1

million, likely setting a record for price- per- square foot on Capitol Hill. See Home of Roses Luxury sells for $4.1 million in all-time historic flip, The Washington Post, December 11, 2015.

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property into a restaurant and/or retail space, adding urgency to STCs need for a new

consolidated space.

In 2013, STC conducted a bid process, seeking a development partner with whom to

collaborate to develop and construct a project that would have a minimum of 30 actor-housing

units and housing for 16 fellows; new administrative offices; rehearsal spaces; costume

fabrication spaces; and education/classroom spaces. STC selected Erkiletian Development

Company, a family-owned and -run business specializing in multifamily housing, to be its

partner on the project.

Erkiletian Development Company (Erkiletian or EDC) has been developing and

building communities throughout the Washington metropolitan area for over 45 years. Founded

in 1968 by Mike Erkiletian, EDC prides itself on developing projects that are integrated in the

fabric of the community with a respectful approach to contextual design. Erkiletian is not a

merchant developer, building and flipping projects upon completion, but rather a long-term

investor in the site and the community. For example, EDC still owns and operates an apartment

community in McLean, Virginia that it completed in 1972.

In Erkiletians commitment to the future of their communities, the company strives for

innovative urban planning, focused on limiting sprawl and creating value in already developed

areas. Their deep roots in these communities and long-standing relationships with local

governments make them leaders in smart, sustainable development.

Erkiletian is dedicated to, and strongly emphasizes, developing residential buildings that

are sustainable with an advanced green-living approach. Erkiletian is at the forefront in LEED

rankings, being one of the first companies to achieve LEED Gold for residential developments in

Arlington and LEED Silver for residential developments in Alexandria.

Each one of the companys residential developments has a focus and philosophy on

outdoor living. In designing each building, Erkiletian works with both forward-thinking building

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architects and landscape architects to ensure the creation of cohesive outdoor oasis/living areas

with interactive landscape features where their residents can enjoy and escape.

II. DESCRIPTION OF THE PROPERTY AND THE SURROUNDING AREA

A. Site Location

The Property is located at the southwest corner of Square 498, with frontage on I Street

SW and 6th

Street SW in the Southwest neighborhood of Ward 6. The Property is currently

unimproved and vacant. The Subject Property consists of approximately 36,476 square feet of

land area. The Property has approximately 135 feet of linear frontage along I Street SW, and

223 feet of linear frontage along 6th

Street SW. The Property is a large corner lot with an

approximately 44-foot wide by approximately 145-foot deep dogleg extending east behind the

adjacent property. As more specifically stated below, the Property was previously improved

with a large, brutalist building that was most recently home to Southeastern University (SEU).

B. Site History

In 1948, the Property was improved with a clubhouse for the Metropolitan Police

Department Boys Club Number 4 (Boys Club). The Boys Club included a gymnasium,

library, game room, craft rooms, kitchen, and dressing rooms. The Districts Redevelopment

Land Agency (RLA) acquired the Property as a part of the urban renewal period that involved

clearing a substantial portion of Southwest to make way for new residential and commercial

buildings.

Pursuant to the Southwest Urban Renewal Plan, the RLA acquired parcels of land to

permit redevelopment. The executive director of the RLA was the parent of a student at the

Hawthorne School, a private academic institution, then operating out of a Victorian home

scheduled for demolition in 1963. The Hawthorne School acquired the Property in 1961,

remodeled and enlarged the building to suit the needs of their new school building, and moved

into the new structure in 1964. The newly expanded building accommodated 200 students. The

Hawthorne Schools enrollment peaked at 170 students.

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The Hawthorne School operated on the premises until 1972, when, amid financial

turmoil, it sold the Property to SE, which was a private, not-for-profit institution. SEU served

many Federal employees pursuing degree programs or seeking to take refresher courses;

according, its proximity to nearby federal agencies was beneficial.

For nearly 40 years, SEU operated in this Southwest neighborhood, on this Property. In

1996, the Southwest Urban Renewal Plan expired, and the Zoning Commission, upon application

of the Office of Planning (OP), applied for zoning designations to the neighborhood, including

the Property. Despite the institutional use then in existence, the Property was classified in the R-

3 Zone District (row dwellings).

By the fall of 2008, SEUs enrollment had dwindled to approximately 645 students and

160 faculty and adjunct professors2. In 2009, SEU, facing a loss of accreditation, announced that

it would be purchased by Graduate School USA, a continuing education school created by the

U.S. Department of Agriculture. SEUs final classes were held on the Property in the summer of

2009, and the Graduate School embarked on a plan to use the Property for its courses. The

Graduate School determined shortly thereafter that the building did not meet their programmatic

needs. The Graduate School put the Property up for sale in a sealed bid process. A number of

developers participated in the sale, most of whom proposed high-rise residential development.

In 2013, the Graduate School USA entered into a contract for sale with STC and

Erkiletian for development rights of the Property. As You Like It, LLC, a limited liability

company created for the purposes of purchasing the Property closed on the Property on

September 30, 2014. As You Like It is a pastoral play by William Shakespeare believed to be

written in 1599. As You Like It follows its heroine Rosalind as she flees persecution in her

uncles court, accompanied by her cousin Celia to find safety and, eventually, love, in the Forest

of Arden. In the forest, they encounter a variety of memorable characters, notably the

melancholy traveler Jaques who speaks many of Shakespeares most famous and most oft quoted

2De Vise, Daniel. Southeastern U. acquired by another school in D.C, The Washington Post, March 6, 2010.

Online Edition. http://www.washingtonpost.com/wp-dyn/content/article/2010/03/05/AR2010030503859.html.

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speeches, such as All the world's a stage. Erkiletian and STC believed the name appropriately

reflected STCs hope of finding safety and freedom from the Districts real estate market by

placing down roots on its property in the Southwest.

C. Surrounding Area

The area surrounding the Property is experiencing a refocused surge in development

prompted by the redevelopment of the Southwest Waterfront, known as The Wharf, as well as

the mixed-use, office, retail and residential developments adjacent to the Waterfront Metro

station. In that project, the D.C. Government leases much of the office space, while the ground

floor retail is leased to Safeway supermarket, CVS drug store and a handful of restaurants. The

area to the south, southeast and southwest of the Property has become a bustling mixed-use

town center bolstered by the presence of larger apartments (both existing and new), office

tenants and the Arena Stage Theatre.

North and northwest of the Property is a townhome community with private cul-de-sacs.

There are approximately 85 townhomes south of G Street SW. These townhomes were

constructed in phases in the 1960s as part of the urban renewal period of development in the

Southwest. A majority of the townhouses were built when the institutional Hawthorn School

was operating. Similar in design, many of the townhomes are three-stories or two-stories plus a

cellar. Of the approximately 85 townhomes, approximately 16 have private garages, 48 have a

parking space in front of their dwelling, and the cul-de-sacs provide parking for approximately

24 vehicles. Adjacent to the Property on the east is Amidon-Bowen Elementary School.

Though the Property shares the townhouse communities R-3 zoning, its long established

institutional use buffered the townhomes from higher density zones and developments in the

immediate vicinity. Directly diagonal to the Property, across I Street SW, is one of the three 10-

story, 100-foot tall apartment buildings, that are a part of the Waterside Towers Complex, an

apartment and townhouse-style community located in the R-5-D Zone District. One block east

of the Property is Potomac Place Tower, a nine-story, 100 foot-tall condominium building with

over 390 residential units, located in the R-5-C Zone District. Two blocks southwest of the

Property, on the other side of the Waterside Towers Complex, is the Riverside Baptist Church,

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which was set down by the Commission in Case No. 15-05 for a mixed-use development that

will include the new home for Riverside Baptist Church, 6,900-7,900 square feet of ground floor

community servicing retail, and a 90-foot residential building with approximately 170 units, in

the C-3-A Zone.

The properties located south of the Property, particularly the residential towers and

offices, are located in the R-5-D and C-3-C Zone Districts, respectively. The two office

buildings on 4th

Street were redeveloped pursuant to a PUD that rezoned the parcel from C-3-B

to C-3-C.3 Another PUD, the Mill Creek Residential PUD, rezoned the 3.1 acres bounded by 6

th

Street to the west, K Street SW to the north, and M Street SW to the south, from R-5-D to C-3-

C.4 The Southwest quadrant is comprised of zoning designations that promote a mix of high and

low density development, a unique and recognizable development pattern in Southwest.

D. Transit-Rich Community

The Property is well serviced by a number of public transportation facilities and services

including Metrorail, Metrobus, Capital Bikeshare, and Zipcars. Located only 0.3 miles from the

Property is the Waterfront Metro Station, which provides access to the Green Line. The LEnfant

Plaza Metro is only 0.4 miles away and provides access to the Blue, Yellow, Orange, and Silver

Metro Lines. The Property is only 1.1 miles from the Judiciary Square Metro station, which

provides access to the Red line.

In addition to rail lines, the Property is directly accessible by bus. Metrobus V1 has a

stop in front of the Property, directly across I Street SW. Metrobus P6, A46, 74, A42, and A48

are all within 0.1 miles of the Property. Also in close proximity to the Property are a number of

the Districts bikesharing and carsharing programs. There are five Capital Bikeshare stations

located within 0.5 miles of the Property. The closest Capital Bikeshare stations are located 0.2

miles away at 6th

Street SW and Water Street SW, and 4th

Street SW and M Street SW. There

are six Zipcar facilities within 0.5 miles of the Property. The closest is less than one-half a block

3 Zoning Commission Order No. 02-38.

4 Zoning Commission Order No. 05-38.

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away, at 502 I Street SW and has two cars available for use. Walkscore.com labels the property

as very walkable, very bikeable, and as having excellent transit.

III. THE PROPOSED PUD PROJECT

A. Project Goals and Objectives, and the Benefits of Using the PUD Process

The Applicant seeks to transform a currently vacant site into an active, vibrant residential

development with non-profit offices and arts-related uses for STC. The redevelopment of this

Property will complement the existing arts uses along I Street SW, serving as a bookend to the

burgeoning I Street SW arts corridor. Additionally, the proposed SP-2 development will serve as

an appropriate bridge and transition, allowing the projects height and massing to step down

towards the residential townhouse communities north of the Property, while maintaining the

high-low design and unique characteristic of the Southwest.

The Applicant envisions a new residential community that integrates well into the

existing residential community and reflects a reduction in the intensity of use from what the

neighborhood was accustomed to with the Hawthorn School and SEUs institutional uses on the

site. Further, the Applicant seeks to develop a building that will allow STC to continue to evolve

and serve the city as a whole in a greater capacity.

The Proposed Development will offer an architecturally significant building that

creatively incorporates artistic elements visually associated with the arts and Shakespearian

theatre. With the Southwest Waterfront Metro station just three blocks south of the Property, the

Project embodies the type of transit-oriented development that residents, STC employees,

fellows, and actors prefer and will heavily utilize. In addition, the construction of non-profit

office space, art studios, educational space, and actor and fellow housing will allow STC to

remain in the District and continue to provide its substantial benefits to the District as a whole

and the Districts arts and thespian community.

The PUD process ensures that this project will be a high-quality development that results

from continued and organic community input. Given the prior use and institutional designation,

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the PUD process provides the Applicant with the necessary flexibility to rezone the site, house

STCs varied uses, and contribute quality market-rate housing to the community in a way that

aligns with the Comprehensive Plan and design guidelines articulated in the recently approved

SW Plan.

B. Project Description History

The Applicants goal for this project has always been to develop the Property with a

residential apartment building that would enhance the local community, add to the Southwest

arts community, and benefit the Districts performing arts programs as a whole. In furtherance

of that goal, over the course of three years, the Applicant has held community meetings and met

with various community and neighborhood stakeholders. As a result of feedback and sometimes

criticism, the Applicant has improved the project in the following, substantial ways.

1. Initial Project Design - Unbridled Expectation

In first approaching the Project, the Applicant initially mirrored the Southwests

prominent low-high design features anticipating a project similar in height to other high towers

in the vicinity. The Applicant initially proposed a nine-story, 4.63 FAR mixed-use building

containing approximately 44,965 square feet of office, educational, and artist production spaces,

including 27,405 square feet of rehearsal space located underground and not chargeable to

FAR. That proposed building was 90 feet tall and included an additional 18-foot, 6-inch amenity

penthouse. It would have contained approximately 140 market-rate housing units co-located

with 30 actor-housing units and 16 dormitory-style units for STC fellows in a three-story

attached, secondary wing on the northeast corner of the Property. Following presentations of this

preliminary massing to the Southwest Neighborhood Assembly, Inc. (SWNA), a Southwest

neighborhood leadership organization, on or about April 2014 and May 2014, the Applicant

determined modifications would be necessary.

2. Recalibrated Project Proposal

During the summer of 2014, the Applicant engaged in community meetings regarding the

rezoning, massing, demolition, Duck Pond Programming, and community benefits. After

17

meeting with community members and orally presenting to the June 9, 2014 ANC 6D, the

Applicant posited reducing the project height below 90 feet and welcomed specific, actionable

recommendations and suggestions.

3. Community Negotiation

In September of 2014, the Applicant continued community outreach and entered into an

agreement with SWNA (SWNA Agreement) to, among other things, limit the programmed

uses of the building, cap the maximum FAR of the proposed building to 4.5, and to provide a

minimum of 70 on-site parking spaces. The negotiated height, density, and list of community

benefits were the result of input from more than three months of community meetings.

Following the SWNA Agreement, the Applicant worked with SWNA and Townhouse

Management I and III, to coordinate a public charrette for the Applicant to receive additional

community insight, comments, concerns, and feedback.

4. Project Revisions

Following the above stated community meeting phase, the Applicant embarked on a six-

month design process to incorporate the negotiated height and FAR limitations and community

comments. In June 2015, the Applicant re-engaged ANC leadership and local stakeholders to

present the updated design. The Applicant conducted community outreach through a telephone

town hall and two public kiosk presentations of the revised design, community benefits, traffic

impact diagrams, and arts programs. During these meetings, the Applicant continued to receive

support as well as localized opposition from some of the townhouse neighbors.

In response to the townhouse neighbors concerns, the Applicant re-opened the dialogue

with ANC leadership in August. The Applicant conducted small meetings to receive design

input, present alternative massing options, and welcome specific actionable recommendations

and suggestions. Further design modifications were made over a period of three months,

including but not limited to, reductions in FAR, height, and number of units, and modification of

the unit mix to include family-size, three-bedroom units.

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The project history illustrates the continued dialogue the Applicant has embarked on with

the Southwest community. This Application is a reflection of the above-described Projects

evolution and community input (both before and after the DC Council approved the SW Plan).

The Applicant continues to engage the community with public presentations, including those

already scheduled for February 1st and 16

th, to update the community on information and details

contained in this Application. The Applicant anticipates further engagement with SWNA,

Townhouse Management I and III, ANC 6D, other stakeholders in the local vicinity, and District

residents as a whole during the PUD process.

C. Current Project Description

The PUD and Zoning Map Amendment application proposes the development of a seven-

story, mixed-use building with residential, artist studios, non-profit office, and educational space.

The development will include 93 market-rate and 9 IZ residential units, 29 actor and 5 fellow

housing units, as well as approximately 43,1005 square feet devoted to artist studio space, non-

profit office space, and educational uses for the STC. The plans, elevations, and drawings of the

proposed project are included in Exhibit A.

As depicted in Exhibit A, the Application proposes a project of 4.09 FAR and

approximately 73 feet, 2 inches in height, consisting of up to 148 total housing units in 131,273

square feet (3.6 FAR) and 18,025 square feet (0.49 FAR) of non-profit office, artist studio, and

educational/classroom uses. The building will house STCs world-renowned costume

fabrication studio on the ground floor, in accordance with the SW Plan recommendations for arts

and culture uses along this corridor. STCs educational and administrative spaces will be located

within the interior of the first floor and basement levels. Four rehearsal spaces (two of which

will be primarily used for the educational programs), costume storage, two classrooms, and

additional storage/support spaces will be located below grade.

Though the Project was revised to address community concerns, the design still adheres

to the SW Plans design guidelines for a pattern of high and low structures with the seven-story

5 This figure includes the basement square footage not included in the Floor Area Ratio defined in other sections.

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73-foot, 2-inch tower as the high, and the 41-foot, 11-inch, fellow housing as the low. As

shown on the architectural plans in Exhibit A, the tallest portion of the Project fronts on I Street

and gradually steps down towards 6th

Street. The section of the building on I Street, is 3-stories

shorter than the residential building caddy-corner to the Property. The gradual stepping down is

consistent with, and sensitive to, the Propertys surrounding context. In direct response to

concerns raised regarding the height of the Proposed Development, the placement of the shorter

portion of the building on the northern part of the Property results in a structure comparable in

height to the neighboring townhomes.

A residential lobby will be located at the intersection of 6th and I Streets SW, with the

entrance on I Street SW, per the communitys request. The building is proposed to be comprised

of market-rate residential units, IZ units, fellow housing, and actor housing. The following

provides more detail regarding the different uses.

1. Market-Rate Apartments

The Project proposes 102 rental units, of which 93 are market-rate, in approximately

95,600 square feet. These units will be designed to attract long-term, community-invested

tenants. Erkiletian prides itself on building high-quality housing developments that tenants can

call home. As a result of the community dialogue, the proposed unit number was reduced by

23%, and the unit mix was revised to incorporate additional larger units.

2. Inclusionary Zoning Compliance

The gross floor area of the IZ units is calculated based on the above approximately

95,600 square footage of total gross residential rental area6. The Applicant proposes to offer

nine IZ units at 80% Area Median Income (AMI). The units will include 2-studios, 5-one-

bedrooms and 2-two-bedrooms.

6 The fellow and actor housing units do not meet the goals of the IZ program and are analogous to exempt housing

uses; therefore, they should be exempt from the IZ program. Accordingly, those uses were not included in the IZ

calculation.

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3. Fellow Housing

The STC is a non-profit theatre company committed to bringing vibrant groundbreaking,

thought-provoking, and accessible theatre in a uniquely American style to the District. In

addition to hosting six to seven plays, STC accommodates seventeen fellows annually.

STCs professional fellowships are season-long, full-time commitments lasting

approximately ten months. Schedules are rigorous; administrative fellows work 40 hours per

week plus additional weekend and evening hours as needed, and production and artistic fellows

work 40 to 60 hours per week.

STC provides its fellows accommodations for the duration of their program pursuant to

their fellowship admission. STC currently owns a 16-bedroom apartment building on Capitol

Hill, which it uses for fellow housing and rents one additional apartment for fellow use. The cost

of housing and real estate in the District has increased dramatically over the last decade-plus. In

addition, STCs apartment building is old and becoming increasingly costly to maintain. Since

2007, STC has sought to consolidate its auxiliary operations, along with its fellow and actor

housing into one location.

In order to address this need, the Proposed Development includes five fellow housing

units that will provide four bedrooms per unit, in a modified dormitory style layout. Each unit

will be furnished. These new housing units will allow STC to expand its program to 20 fellows,

a long sought-after goal. The fellows will reside in the units for a pre-determined period, not to

exceed one year. The fellows do not pay STC any compensation for housing; rather, the

provision of accommodations is a part of their program and they receive a small stipend for

living expenses.

The fellows are a part of a class that participates in numerous STC activities and

programs. Their stays are limited to the duration of the fellowship program, and fellows cannot

choose to extend their stay beyond a pre-determined period, although STC may choose to invite

certain fellows to return for a second fellowship period. The proposed fellow housing is similar

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in design and uses to a dormitory, US Senate Page Housing, graduate housing or other similar IZ

exempt housing types. 11 DCMR 2602.3.

The fellow selection process is highly competitive, as only 20 fellows will be selected out

of a pool of between 600 to 1,000 candidates. Those accepted into the fellowship program select

a discipline to study. For example, management fellows assist in the daily operations of

production administration through union adherence and guest artist hospitality. Education

fellows support the implementation of school and community training, and audience enrichment

programs. Graphic design fellows receive hands-on training in conceptualizing, creating and

preparing pieces for print. Theatre management fellows interact with all departments including

artistic, production, education, marketing, development, and business. Costume fellows assist in

costume construction, shop maintenance, and running the companys mainstage productions and

other projects. Stage management fellows work closely with Equity and non-Equity stage

managers, assisting in all aspects of stage management, from pre-production preparation to

rehearsal and through the run of the show as part of the running crew. Fellows may have the

opportunity to stage manage special events and are eligible to receive Equity Membership

Candidate points, which are required to become a member of the Actors Equity Association.

The STC provides a unique opportunity for early career actors to perform in a full season

of plays. Acting Fellows compose the non-Equity ensemble for most or all of STCs mainstage

plays, serve as understudies, and receive training in voice, speech, and stage combat. The artistic

fellows assist the associate artistic director, artistic associate, and literary manager on casting,

script preparation, production research, and other duties related to the smooth operation of the

artistic department. The directing fellows assist the creative teams with mainstage productions

over the course of the season, which may include serving as a lead assistant director or as a

second assistant.

STCs renowned and competitive fellowship program helps to establish the District as a

national arts destination. Moreover, due to this fellowships diversity of specialties, quality, and

rigor, the fellows, upon completion of the fellowship are uniquely positioned to contribute to the

many other theatre programs in the District. Indeed, many of the graduates of the fellowship

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program have used the opportunity to obtain employment in the District and continue to

contribute to the local art community long after the conclusion of their fellowship.

4. Actor Housing

Every year, the theatre hosts six to seven plays, and brings a variety of talented actors and

actresses to the District. Actors are an essential part of any stage play, and their presence, though

temporary and rotational, contributes greatly to the Districts artist community. Further, actors,

through their performance, have the ability to elevate the status of a production. Additionally, as

with many short-term residents, their time in the District, while limited, can be very impactful.

The STC provides accommodations for actors during their performance run. Actors are

unionized and have negotiated national and regional contracts with theaters in the United States

through the Actors Equity Association. These Equity agreements provide minimum salaries,

benefits, job security, and numerous other protections to ensure a safe and dignified work

environment. Equity contracts cover housing for actors. Actor and theatrical salaries are often

below 50% AMI7; however, actors are entitled to out-of-pocket travel expenses and living

accommodations during their performance to help offset their salaries. STC currently contracts

with Bridgestreet, a corporate housing and serviced apartments company, to provide actor

housing in the Penn Quarter area at great expense to the theatre.

As with many jobs that require extensive travel, the provision of housing or

compensation for housing is a condition of employment for actors in STCs productions.

Typical business travelers can book at hotels or inns; and, therefore, the actor housing proposed

as part of this Project is similarly designed for a transient individual.8 The individuals occupying

these housing types may stay for a few months, or as long as the production or work assignment

is ongoing. However, just like, hotels and inns are not designed for individuals seeking a

permanent home; actor-housing units are not the permanent residence for any of the actors. And

just as hotels and inns are necessary, and a benefit to, the District because their presence permits

7 The District of Columbias Area Median Income (AMI) for fiscal year 2015 was $109,200, which equals a weekly

salary of approximately $2,100. The average high-end weekly salary for union actors working at STC is

approximately $1,020, or 48.6% AMI. 8 Hotel, motels and inn uses are exempt from the Inclusionary Zoning program. 11 DCMR 2602.3(a).

23

visitors and short-term residents to contribute meaningful time, expenditures, and ideas to the

District, actor housing is a benefit to the District because it permits a nationally-recognized

theatre to attract and host the actors that are the center of each stage production. Thus, just as the

housing built in connection with fire stations is not calculated as housing for IZ requirements,

similarly actor housing provided in connection with employment should not be calculated as

housing for the IZ requirement.

The actors only reside in the residential units for the run of a particular show, which from

rehearsals to performance may be approximately 10-12 weeks. The actors return home or move

on to the next job once the show is complete. Similar to a hotel, the actors housing will be

assigned a furnished place to stay. Further, the actors will only be permitted to stay in the actor-

housing units through the end of their performance. STC does not receive compensation for

housing the actors; it is an expense of theirs and a cost of doing business with transient

employees. Though the actors are only present in the District for short periods of time, similar

to many politicians, Washington sports team athletes, and others, their presence and contribution

to the District is meaningful and tangible.

5. Non-Profit Office

The visible benefit of the STC is the six to seven plays the theatre hosts each year.

However, STC would not be able to provide quality theatrical performances or contribute to the

artistic community of the District without the countless hours of work and support of each STC

staff person. Non-profit offices are a special exception use under the SP Zoning District. The

STC cannot function without their support staff; the addition of an art use to the I Street SW art

corridor, as suggested in the SW Plan, would not be possible without the inclusion of non-profit

office use. As the plans in Exhibit A show, over 34,056 gross square feet of floor area is

dedicated to STCs non-profit office space, which will include but is not limited to offices for

staff, a conference room, costume fabrication space, production storage, craft space, and a sound

studio.

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6. Art Studio Space

The Project includes two art studio spaces, specifically, two rehearsal studios. The

consolidation of STCs actor and fellow housing, rehearsal space, and costume fabrication onto

one site will dramatically improve the cohesiveness and efficiency of rehearsal time. Art studios

are a permitted use in the SP-2 Zone District.

7. Educational Program

In addition to the six to seven stage plays STC hosts every season, STC also conducts a

number of local educational programs for students on campuses throughout the District, and

several programs/workshops for actors, directors, and production specialist at every level of

expertise. These educational programs and workshops are run all over the District of Columbia

Public Schools. These programs contribute to the artistic fabric of the District and provide an

invaluable resource for those interested in developing their talent and skills in theatre. Programs

that target students and future thespians include:

Camp Shakespeare Young actors, between the age of seven and 18, dive head first into

the world of the greatest playwright in history, William Shakespeare. Under the guidance

of theatre professionals, participants unravel his plays with text analysis; transform into

Shakespeares characters through voice, movement, and improvisation work; wage

battles against mortal enemies with stage combat; and develop fundamental acting skills

using classical theatre techniques. To culminate each session, participants stage a

performance for friends and family at STC.

Shakespearience Matinees designed to give students and teachers access to classical

theatre on stage, deepening their study of literature, drama, and language in the classroom

and fostering appreciation for the performing arts.

Artist in the Community As an active participant in the communities it serves, STC

supports neighborhood community festivals and events by providing workshops and

performances.

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Text Alive! An in-school program designed to help students and their teachers develop

greater knowledge, understanding, and even a love for Shakespeare. It is the STCs

oldest running program. Each semester, teaching artists visit classrooms throughout the

District to run weekly theatre workshops and an in-depth rehearsal and performance

process.

District Shakespeare As discussed above, District Shakespeare aims to provide a free,

live, classical theatre experience to every D.C. Public School and D.C. Public Charter

School serving grades 9 through 12. Participating schools receive pre-performance

workshops, tickets for all attending teachers and students, curriculum guides and bus

transportation to and from the theatre all at no cost to the school or student.

STCs adult and professional development programs include:

Academy for Classical Acting The STC and George Washington University offer a

one-year intensive, 59 credit, graduate program that culminates in a Masters of Fine Arts

degree. The curriculum focuses on the specific craft of acting Shakespeare and other

classical texts.

The Directors Studio the Directors Studio is a local and early-career directors

program that consists of a series of workshops and discussions designed to investigate the

craft of theatrical direction.

Audience Enrichment Programs Engaging audience members with the work on stage

through discussion and dialogue, STCs audience enrichment programs includes Creative

Conversations, Reflections, Happenings Happy Hour, Symposia and Post-Show

Talkbacks.

26

Professional Development for Business Professionals Building on the success of its

popular Master Acting Class, Acting for Business Professionals, STC collaborates with a

number of organizations and government agencies to provide professional development

in communication, public speaking, leadership and team-building.

As with the educational uses that previously operated at the Property, the Applicant

proposes to continue the atmosphere of learning and personal development through the

educational studios on site as managed on site with the proposed non-profit administration

office.

D. Development Parameters

The Property is currently classified within the R-3 Zone District, and is designated

Institutional on the Comprehensive Plan Future Land Use Map. The Guidelines For Using the

Generalized Policy Map and the Future Land Use Map, Section 226.1(h) of the Comprehensive

Plan, notes that Institutional designations do not have a density or intensity recommendation.

Rather, if a change in use occurs on a site designated Institutional, the new density or intensity

designation should be comparable in density or intensity to those in the vicinity unless

otherwise stated in the Comprehensive Plan Area Elements or an approved Campus Plan. Id.

The Area Elements of the Comprehensive Plan do not include a recommendation for the

Property and the Property is not part of a Campus Plan. Therefore, the new density or intensity

designation will need to be comparable to the densities and intensities found near the Property.

And a land use change is contemplated upon a change in use.

The Property is located within the boundaries of the SW Plan, adopted by the Council for

the District of Columbia on July 14, 2015. The SW Plan specifically recommends the Property

for arts and cultural uses, stating

[I]t complements and augments the arts uses already in Southwest and further

anticipates the Plans vision for cultural uses along I Street. Convenient access

to Metro is also a plus for many of the visiting actors who would use the rehearsal

space.

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SW Plan, p. 99. Virtually the only permitted uses allowed under the current R-3 zoning are low-

density row dwellings. The Applicant seeks to develop the Property with arts and cultural uses,

and as also recommended by the SW Plans design guidelines, seeks to construct a higher-

density residential development adjacent to existing low-density neighborhoods to continue the

high-low design pattern that is predominant in Southwest. The Applicant seeks a rezoning to the

SP-2 (Special Purpose) Zone District as that Zone District allows both the uses outlined above

and the density recommended in the SW Plan.

1. SP-2 Zoning

The Applicant proposes to change the zoning of the Property from R-3 (low density, row

dwellings) to SP-2 (Special Purpose). The SP District (Special Purpose) is designed to stabilize

those areas adjacent to C-3-C and C-4 Districts and other appropriate areas that contain: (a)

Existing apartments, offices and institutions; and (b) Mixed use buildings. 11 DCMR 500.1.

The major purpose of the SP District shall be to act as a buffer between adjoining commercial

and residential areas, and to ensure that new development is compatible in use, scale, and design

with the transitional function of this zone district. Id. 500.2. The SP District is designed to

preserve and protect areas adjacent to Commercial Districts that contain a mix of row houses,

apartments, offices, and institutions at a medium to high density, including buildings of historic

and architectural merit. Id. 500.3.

The Applicant proposes the SP District as an appropriate buffer zone between the low-

density row dwellings to the north and west and the high-density apartment buildings constructed

under the Urban Renewal (thus pre-dating District of Columbia Zoning designations for this

area) to the south and east, as well as the burgeoning Town Center at 4th and I Streets SW to the

immediate southeast of the Property.

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The SP-2 District permits a maximum height of 90 feet with no limit on the number of

stories. 11 DCMR 530. A penthouse is permitted above the maximum building height, to a

maximum of 20 feet above the roof, provided that the penthouse is setback from the floor below

at a one-to-one ratio. Id. 411, 537.

In the SP-2 District, the maximum permitted FAR is 6.0 as a matter of right, or 6.5 FAR

through a PUD. 11 DCMR 531. The rear yard required must be a minimum depth of two and

one-half inches (2 1/2 in.) per foot of vertical distance from the mean finished grade at the

middle of the rear of the structure to the highest point of the main roof or parapet wall, but not

less than twelve feet (12 ft.). Id. 534. No side yard is required, however, if one is provided,

the side yard setback required is two inches (2 in.) per foot of vertical height, with a minimum

29

width of eight feet (8 ft.). Id. 535. Closed courts must be four inches wide per foot of height,

with a minimum of 15 feet wide. Id. 536.3.

The parking and loading requirements in the SP-2 District are based on the proposed use

of the Property. One parking space per four dwelling units is required. Non-Profit office uses

are required to have one parking space per every 1,800 square feet of floor area in excess of

2,000 square feet. The art studios require one for every 600 square feet of space. The

educational uses require one space per ten classroom seats, plus two spaces for every three

teachers. 11 DCMR 2101.1. The proposed uses will require loading facilities that, at a

minimum, include one 55 loading berth, one 200 square-foot loading platform, and one

service/delivery parking space at 20 deep. 11 DCMR 2201.1

Moreover, the SP-2 Zoning District is an appropriate zone based on bulk, height, density

and uses needed to permit the programmatic needs of STC.

2. Proposed Development Parameters

The proposed development is very appropriate for the density and height requirements of

this location. Consistent with the SWNA Agreement and the SP-2 Zone District, the total gross

floor area included in the proposed PUD is approximately 149,298 square feet for a total FAR of

approximately 4.09. Of the 4.09 FAR, 2.70 FAR will be devoted to market-rate and IZ

residential units, and 1.39 FAR will be devoted to a variety of STC uses. The height of the

proposed building will vary. The maximum building height of the proposed building will be 73

feet, 2 inches along I Street SW, with the northwestern section of the building stepping down to

41 feet, 11 inches. The Project will include 70 below-grade parking spaces, accessible from 6th

Street SW. The Project will also include approximately 75 long-term and 10 short-term bicycle

parking spaces. The SP-2 District permits a maximum FAR of 6.0 (3.0 commercial) as a matter

of right and a maximum FAR of 6.5 (4.5 commercial) in a PUD project. The maximum height

allowed as a matter of right and for a PUD in the SP-2 Zone District is 90 feet.

Chapter 24 of the Zoning Regulations will also govern the proposed PUD. Chapter 24

requires a minimum lot area of 15,000 square feet for a PUD. 11 DCMR 2401.1. The Zoning

30

Tabulations on sheet 1.12 of Exhibit A illustrate the zoning requirements for the existing and

proposed zoning.

E. Flexibility Under the PUD Guidelines

The PUD process was created to allow greater flexibility in planning and design than may

otherwise be possible under conventional zoning procedures. The overall goal is to permit

flexibility in property development, and other incentives, so long as the project offers a

substantial number, or quality, of public benefits and advances the publics health, safety,

welfare, and convenience. 11 DCMR 2400.2. Pursuant to 2403, the Commission may grant

such flexibility in its discretion. Accordingly, the Applicant seeks flexibility from the following

provisions of the Zoning Regulations:

1. Flexibility from the Court Requirements

The Applicant requests flexibility from 536.3 and 536.4 of the Zoning Regulations.

Section 536.3 requires that the width of closed courts for a building devoted to residential uses in

the SP-2 be a minimum of four inches per foot (4 in/foot) of height measured from the lowest

level of the court to that elevation; provided, that in no case shall the width of court be less than

fifteen feet (15 ft.). Section 536.4 of the Zoning Regulations requires that the area of a closed

court be at least twice the square of the width of the court based upon the height of the court, but

not less than three hundred fifty square feet (350 sq. ft.). As shown on the Zoning Tabulation

sheet of the Architectural Plan at Exhibit A, the required closed court width for Court #2 is 21

feet, and the required area is 882 square feet. Closed Court #2 has ample area, with 1,918 square

feet; however, it is fifteen feet wide and, thus, requires flexibility from 536.3. Given the

configuration of the building on the lot, which is driven in part by the location of the buildings

core, providing a confirming closed court would result in a loss of building efficiency. The

provided closed court satisfies the intent of the closed court requirements because it provides

sufficient air and light through its large area, particularly since the area to the east of the building

is an open field.

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Court #1 does not meet the requirements of 536.3 with respect to court width. However,

this open court permits a visually interesting and architecturally intriguing feature. Moreover, as

this court is effectively an architectural embellishment, it does not have an impact on the

availability of air and light to the building.

2. Flexibility from the Loading Requirements

Under 2201.1, the required loading facilities for the Project are one 55-foot berth, one

200-square-foot platform, and one 20-foot deep space. The Project will provide loading facilities

as follows: one 30-foot berth, one 100-square-foot platform, and one 20-foot deep space. The

Applicant requests relief from the requirement for a 55-foot berth and associated 200 square foot

platform. New residents in similar apartment buildings rarely use large loading vehicles given

the size of the individual apartments, and such a berth is not required to accommodate the

buildings loadings needs.

3. Flexibility from the Penthouse Setback

The Applicant requests flexibility from 537.1 and 411.18 of the Zoning Regulations,

which require that all penthouses be set back from the exterior walls of the building a distance

equal to the height above the roof upon which it is located. In order to accommodate the

mechanical equipment in a single penthouse and to be sensitive to the surrounding area by

minimizing the bulk of the enclosure, the Applicant requests flexibility from this setback

requirement. The penthouse is set back sufficiently to provide at least a one-to-one setback from

the public street; however, the penthouse is face on-line with the floor below on the eastern side

of the Property.

4. Flexibility from the Compact Parking Requirements

Section 2101.1 of the Zoning Regulations requires one parking space for every four

dwelling units; one for every 1,800 square feet in excess of 2,000 square feet for the nonprofit

office use; one for every 600 square feet for the art studio space; two for every three teachers and

one space for every 10 classroom seats for the education use. Thus, pursuant to the architectural

32

plans, the Proposed Development requires 70 parking spaces: 36 parking spaces for the

residential component and 34 parking spaces for the STC related uses. Section 2115.2 of the

Zoning Regulations permits parking garages containing 25 or more required parking spaces to

designate up to 40 percent of these parking spaces for compact cars. Under 2115.4, the

compact parking spaces must be in groups of at least five contiguous spaces with access from the

same aisle. In this case, 51 of the 70 parking spaces, 73% of the parking spaces provided, are

compact parking spaces. Further, as shown on sheet 3.12 of the Plans, 34 of the compact parking

spaces are tandem, and four of the compact spaces are not in a continuous row of five spaces

with access from the same aisle. The tandem parking spaces are all for the STC, which will

operate and manage those parking spaces. Although the parking configuration does not comply

with the requirements of 2115.2 and 2115.4, the Applicant is providing a sufficient number

of parking spaces for the proposed uses on site. Therefore, the Applicant requests flexibility

from the compact parking requirements.

5. Non-Profit Office

Section 508 of the Zoning Regulations permits the construction of a new office building

in the SP District by special exception under 3104, provided that the use, height, bulk, and

design of the office is in harmony with existing uses and structures on neighboring property, and

the use does not create dangerous or other objectionable traffic conditions.

The proposed nonprofit office use satisfies the special exception requirements of 508.

The nonprofit office use is analogous to the prior institutional uses that previously operated at the

Property. This use is therefore unlikely to adversely affect the use of neighboring properties.

Further, the Projects proposed height, bulk, and design are in harmony with the surrounding

structures. As previously noted, the buildings height is 73 feet, 2 inches at the corner of 6th

Street SW and I Street SW, and appropriately compliments the 100-foot tower that is directly

across the street. The building steps down to 41 feet, 11 inches on the northwest side of the

Property, which is consistent with the height and bulk of the residential properties on the north

side of the Property. Lastly, the proposed nonprofit office uses will not draw significant crowds

to the Property, and the Projects parking and loading is strategically located away from the

33

adjacent Amidon-Bowen elementary school and will have no impact on the schools drop-off

and pick-up zones. The proposed nonprofit office will therefore have no objectionable impact on

the traffic. For these reasons, the Applicant requests flexibility from the Zoning Commission to

permit the nonprofit office use at the Property.

6. Additional Areas of Flexibility

The Applicant has made every effort to provide a level of detail that conveys the

significance and appropriateness of the Proposed Developments design for this location.

Nonetheless, some flexibility is necessary, some of which may not be anticipated at this time.

Thus, Applicant requests flexibility in the following areas:

a) To be able to provide a range of dwelling units between 126 and 148 (a 10%

deviation from the proposed unit count of 136).

b) To vary the location and design of all interior components, including

partitions, structural slabs, doors, hallways, columns, stairways, and

mechanical rooms, provided the variations do not change the exterior

configuration of the building.

c) To vary the number, location, and arrangement of parking spaces for the

project, provided that the total parking is not reduced below the minimum

level required by this approved PUD.

d) To vary the final selection of the exterior materials within the color ranges and

material types as proposed, based on availability at the time of construction,

without reducing the quality of the materials; and to make minor refinements

to exterior details and dimensions, including curtain wall mullions and

spandrels, window frames, glass types, belt courses, sills, bases, cornices,

railings and trim, or any other changes to comply with the District of

34

Columbia Building Code or that are otherwise necessary to obtain a final

building permit.

III. PLANNING ANALYSIS

A. Introduction

The PUD process requires the Applicant to demonstrate that the Proposed Development

will not impose unacceptable impacts on the surrounding area or on city services. 11 DCMR

2403.3. Instead, its impact must be either favorable, capable of being mitigated, or acceptable

given the public benefits of the proposed development. Id. (emphasis added). Notably, a

Proposed Development must demonstrate that it is not inconsistent with the Comprehensive

Plan. For the reasons explained below, the Project is not inconsistent with the Comprehensive

Plan.

B. The Applicants Proposed Zone Designation is Not Inconsistent with the Comprehensive Plan

The Project is consistent with the goals and objectives of the Comprehensive Plan. The

District has a three-tier system of city planning comprised of city-wide policies known as

Citywide Elements, Ward-level policies known as Area Elements, and Small Area policies. The

Citywide Elements and the Area Elements are both part of the Comprehensive Plan, and carry

the same legal authority. See 10A DCMR 104.6. Small Area plans are neither part of the total

Comprehensive Plan nor part of the legislatively adopted document, but serve to supplement the

Comprehensive Plan. Id. 104.2 and 104.8. The Generalized Policy Map (GPM) and Future

Land Use Map (FLUM) are part of the Comprehensive Plan. As such, the GPM and FLUM

carry the same legal weight as the text of the Comprehensive Plan, and together guide land use

decisions and land use changes in conjunction with the text of the Comprehensive Plan. Id.

223.2 and 225.1.

To determine what is not inconsistent with the Comprehensive Plan, the Citywide

Elements, Area Elements, the GPM, and FLUM should be reviewed in the aggregate. See 10A

DCMR 108 (How to use the Comprehensive Plan). The Small Area Plan should be reviewed

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to provide guidance during the review of the Comprehensive Plan. Id. 104.2 and 104.8. In

many circumstances, a review of these resources clearly outlines the Districts intended goals for

a property future uses. The Future Land Use Map indicates the future intensity and density of

use or the zoning designation for a property, and the Small Area Plan identifies target

properties.

The Future Land Use Map identifies the Property as an institutional use, which does not

have a density or an intensity designation. The SW Plan, passed by the District Council on July

14, 2015, identifies the Property as a Key Site for future development, but provides no specific

zone change recommendation.

Pursuant to 10A DCMR 226(h), Guidelines for Using the Generalized Policy Map and

the Future Land Use Map, if a change in use occurs on [an institutional site] in the future, the

new designation should be comparable in density or intensity to those designations in the

vicinity, unless otherwise stated in the Comprehensive Plan Area Elements or an approved

Campus Plan. (emphasis added). The Property is identified as an institutional use on the GPM

and FLUM. The Proposed Development seeks a use change from the institutional designation to

the SP-2 Zone District. The Applicant submits the following, illustrating that the SP-2 Zone

District is in line with the goals of the Comprehensive Plan because the proposed designation is

appropriate and comparable in density or intensity to those designations in the vicinity.

1. The Proposed Zoning Designation is Appropriate for the Property

The proposed SP-2 development is comparable to the density/intensity found in the

vicinity of the Property. The Comprehensive Plan does not define vicinity nor does it provide a

visual for its readers to ascertain the area encompassed under that term. The Comprehensive

Plan uses the word vicinity, and other descriptive terms such as surrounding area, adjacent

and immediate vicinity to illustrate varying levels of distance. However, a review of the

approximately 57 times the Comprehensive Plan uses the word vicinity reveals a logical

progression in the measurable area designated. Terms such as adjacent and immediate

vicinity encompass a smaller geographical range than terms such as vicinity and surrounding

area.

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This logical progression in the area encompassed aligns with the plain meaning and

understanding for each descriptive term. Websters Dictionary defines the word adjacent as

close or near: sharing a border, wall, or point, and the term vicinity as the quality or state of

being near: proximity; a surrounding area or district: neighborhood. As used in the

Comprehensive Plan, the term adjacent typically refers to abutting uses or zones, while vicinity

refers to a larger surrounding area.

For example, in 10A DCMR 1814.1, the Comprehensive Plan lists land uses in the

immediate vicinity of the Congress Heights Metro Station. The uses listed range in distance

from approximately 400 feet from the Metro Station to approximately 7,000 feet away, with a

majority of the uses being within 1,200 feet of the Metro Station.

Within a similar range from the Property, the following FLUM designations are found:

moderate density residential, medium density residential, high-density residential, local public

facilities, parks, recreation and open space, low-density commercial, moderate-density

commercial and high-density commercial.

The SP Zoning District, as a buffer zone, is not identified within a particular FLUM

designation; however, the Proposed Development seeks to construct a building ranging from 4-

stories to 7-stories, with the bulk and massing typical of buildings found in the Medium Density

Residential designation. The site plan on sheet 1.7 of the Plans in Exhibit A indicates that the

proposed SP Zoning District, while not identical to the designations that are adjacent to the

Property, is comparable to those found within 400 feet to 700 feet from the Property.

One of the goals when changing the land use designation for an institutional site to a new

designation is finding a designation that is compatible with the surrounding community. See

generally 10A DCMR 225.16. In Z.C. Case No. 08-21,9 a PUD application that proposed

changing the use and zone for an institutional site, the density and housing types that were

adjacent to the proposed development and up to 600 feet away were considered when finding

9 A review of the cases available on the Office of Zoning website returned only one case in which an institutional

site, which was not affiliated with a campus plan, proposed a new designation through the PUD process.

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that the proposed land use designation was compatible with the community. In the present case,

even if the term vicinity was limited to the area to within 500 feet of the Property, the

proposed SP Zone remains compatible with the surrounding area, because it is comparable and

complimentary to the high-density residential and moderate density residential found in the

vicinity.

Moreover, it is readily apparent from reviewing the FLUM and the SW Plan that

Southwest contains many moderate-density residential areas abutting medium- or high-density

residential areas. The variation in density and intensity permits the Southwest to continue its

development pattern: namely, the adjacency of low-rise and high-rise structures. The SW Plan

discusses this design pattern at length on pages 81-84. The Square where the Property is located

lacks the juxtaposition of moderate to medium or high density found in the vicinity, a feature

present in nearly every other nearby Square. The proposed SP-2 Zone designation would permit

a residential development that would serve as a contextual high building in the high-low

design pattern present in the Squares in the immediate vicinity and allowing the continuation of

a signature design feature of the Southwest.

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As the proposed SP-2 Zone Designation, a medium-density residential designation, is

comparable to the uses and heights in the vicinity, the proposed designation is not inconsistent

with the Comprehensive Plan.

C. Land Use Impact

As detailed below, the Proposed Development is fully consistent with the goals and

policies of the Comprehensive Plan for the District of Columbia. The Project has an appropriate

massing for a development within walking distance of a Metrorail station and Metrobus routes.

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The building scale is entirely appropriate for a mixed-use residential structure with nonprofit

office and arts-related uses in this location, and the density is well below the permitted density

for a PUD in the SP-2 Zone District. In line with the purpose of the SP-2 zone as a buffer zone,

the Proposed Development is sensitively designed as an buffer between the high-density

development one block south of the Property and the low-density townhomes to the north of the

Property. The Proposed Development will lead to the development of an idle site while

contributing to the artistic scene of the I Street SW corridor. Moreover, the STC educational

programs proposed for the Property will continue the Propertys longstanding history of use as

place for learning and professional development. Additionally, benefits to the surrounding

neighborhoods include the following: enhanced aesthetic of the surrounding public space;

provision of new affordable housing; and activation of the ground floor and sidewalk using art.

D. Zoning Impact

The proposed PUD-Related Map Amendment can be granted without adversely affecting

nearby and adjacent zone districts. The rezoning of the Property would allow the Applicant to

build a project that aligns with the Districts and OPs goals for Southwest, in particular, the

redevelopment of an idle site for a recognized cultural use10

.

The Applicant is requesting a Zoning Map Amendment to the SP-2 Zone in order to

accommodate the varied uses of the STC while providing enough density to create a viable

private-nonprofit partnership and replicate the high-low height pattern that is prevalent

throughout the Southwest. The proposed SP-2 Zone District is consistent with the

Comprehensive Plan as outlined below.

The SP-2 Zone District is appropriate given that many higher-density residential zones

are in very close proximity to the Property and that the Property is closely located to a Metrorail

station. The proposed density will be commensurate with, or less than, the residential towers in

10

In Z.C. Case No. 02-25, it was noted by an expert in the Modification and Further Processing of Notre Dame Campus Plan, that trips to the Kennedy Center and the Shakespeare Theatre are organized cultural activities for the young scholars that participate in the University of Notre Dames Semester in Washington Program.

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the vicinity. Additionally, the permitted uses, bulk, and scale allowed in the SP-2 Zone will

facilitate a seamless transition from the higher-density residential and commercial zones near the

Property to the lower-density townhome community. Importantly, the SP-2 Zone permits the

non-profit office, art studio, educational space, and other art related uses required to ensure that

the Property can serve as a bookend to the I Street SW arts corridor as envisioned in the SW

Plan. Lastly, as the Proposed Development will not include any commercial uses; the SP-2

Zoning will not disrupt the residential nature of the adjacent properties as a result.

It is important to note that the requested SP Zone will minimize the impacts of the Project

on neighboring properties by allowing the Applicant to accommodate an appropriate massing of

the building. A lower density would render the Project unable to accommodate the required

variety of uses for the Proposed Development. Further, with any lower density it would also be

infeasible to concentrate the density away from the neighboring townhome properties, into a

seven-story tower. As currently designed, the building design steps down to 4-4 stories on the

north side of the site, where the Property abuts the 3-story and 4-story townhome community and

where the R-3 zone will remain. The Projects design with a residential tower on the southern

portion of the Property and a stepped-down lower-density portion of the residential structure to

the north follows the prevailing development pattern for the Southwest neighborhood and

complies with the recommended design guidelines of the SW Plan.

E. Environmental Impact

No adverse environmental impact will result from the construction of the Project

Development. The Project will attain sufficient points to be LEED Silver Certified and will

incorporate a series of sustainable features that will minimize the impact of the development.

Specifically, the Project seeks to achieve the LEED credits detailed on sheet 7.1 of Exhibit A.

The Project will also meet the Green Area Ratio and storm water management requirements.

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F. Facilities Impact

The Proposed Development will not have adverse impacts on the public facilities on

which it will rely for services. The Property previously housed Southeastern University, which

had an enrollment of approximately 870 students and 140 faculty and staff. The proposed uses

residential units, non-profit offices, art studios, educational space, and actor and fellow housing

combined will result in fewer people on site utilizing public facilities. Therefore, the Proposed

Development will not burden the public facilities that service this Property.

G. Traffic Impact

The Project will not have an adverse impact on pedestrians and traffic on the adjacent

streets, as described in the Preliminary Transportation Review Letter in Exhibit D. The

sidewalks adjacent to the Project will provide acceptable levels of service for pedestrians, and

the ramp to the parking garage is located on 6th

Street SW, thus reducing the interaction between

students going to Amidon-Bowen Elementary School and cars accessing the Projects garage.

Additionally, the Project is located approximately 0.3 miles from the entrance of the Waterfront

Metrorail Station, and approximately 0.4 miles from the LEnfant Metrorail Station. Multiple

Metrobus routes also serve the Property. High transit usage, as well as the promotion of other

alternatives to driving, will minimize the impact on public infrastructure. To encourage bicycle

uses, the Proposed Development will include bicycle storage for residents, as well as bicycle

storage and showers for STC employees.

IV. PUD EVALUATION STANDARDS

In deciding a PUD application, the Commission is required to judge, balance, and

reconcile the relative value of the project amenities and public benefits offered, the degree of

development incentives requested, and any potential adverse effects according to the specific

circumstances of the case. 11 DCMR 2403.8. In order to approve a PUD application, the

Commission must find that the impact of the project on the surrounding area is either favorable,

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capable of being mitigated, or acceptable given the quality of the public benefits in the project.

11 DCMR 2403.3. Additionally, the Commission must consider the Comprehensive Plan in its

totality, and reconcile seemingly contradictory goals, when seeking to determine whether a

proposal is not inconsistent with the Comprehensive Plan. As the DC Court of Appeals stated

in Durant v. District of Columbia Zoning Commission,

[E]ven if a proposal conflicts with one or more individual policies associated with

the Comprehensive Plan, this does not, in and of itself, preclude the Commission

from concluding that the action would be consistent with the Comprehensive

Plan as a whole. . . . The Plan is not a code of prohibitions; it is an interpretive