Another Year, Another Bad PUD from Shakespeare Theatre

On November 8, 2017, Shakespeare Theatre and Erkiletian Construction Corporation filed another Planned Unit Development that proposes to change the zoning at 501 I Street SW. The new plan is just as bad for the community as the old one was.

The community doesn’t want a zoning change at the site. We want townhouses on the only Southwest parcel of land that does not yet have a plan for development. It’s not just the neighborhood talking.

501 I Street SW is part of the Neighborhood Conservation Area. The Zoning Commission says that Neighborhood Conservation areas are expected to maintain existing land uses and community character over the next 20 years.  The PUD that Shakespeare Theatre and Erkiletian Construction propose would change the land use and the character of the surrounding community, in contravention of the law governing Neighborhood Conservation Areas. The Zoning Commission also says that if change occurs in a Neighborhood Conservation Area, it will be modest in scale and will consist primarily of scattered site infill housing, public facilities, and institutional uses. Major changes in density should not be expected.

The new PUD violates the Neighborhood Conservation Area by changing the land use, altering the character of the community, and vastly increasing population density when compared to the surrounding neighborhood.

What a terrible PUD.

No, Shakespeare Theater, You Don’t Have the Office of Planning’s Approval (or the Neighborhood’s)

Despite a quote from a Shakespeare attorney to the media implying that the DC Office of Planning supports the revised high-rise plan, the Office of Planning does not!

A member of United Neighbors of Southwest contacted the Office of Planning about Shakespeare Theatre’s characterization in the media of the Office’s support. The Office of Planning confirmed it has not met with the developers for many months, and the Office of Planning has not even seen the proposal much less taken a position on it. The last time Shakespeare’s proposal came up before the Office of Planning, the Office said the developers need to demonstrate community support for any proposal.

Community support for Shakespeare Theatre’s plan does not exist. Shakespeare Theatre continues to scheme about ways to parlay their (formerly) good name into a cash cow that ruins the very neighborhood it looms over. Shakespeare Theatre shouldn’t put words into the mouth of the Office of Planning.

The battle to preserve our community continues on many fronts. It’s not yet clear if Shakespeare Theatre will be presenting their latest high-rise plan to the Advisory Neighborhood Commission at the September meeting. We’ll keep you posted!

Neighborhood Rejects Same Old Shakespeare Plan

A new building design was presented at Shakespeare Theatre’s community meeting today, but it was really the same old story.

Once again Shakespeare’s latest lawyer showed off a design. Once again community member after community member pointed out how the design would harm the neighborhood. Once again nobody from the community expressed any support for the new design. A snap poll of the audience found the neighborhood opposed to the new design by a margin of over 30 to 1.

Once again Shakespeare Theater promised unnamed “community benefits” that they apparently thought would win the neighborhood over. Once again Shakespeare Theater had no answer when it was pointed out how they had reneged on their previous promises. (See our June 28, 2016 post here for some examples.)

Once again Community members asked Shakespeare why they didn’t just sell the property at a profit and erect their hi-rise in one of the many DC areas zoned for large buildings. Once again Shakespeare had no answer.

Once again it was clear that Shakespeare was only holding this meeting to be able to say they had talked with the community. They weren’t interested in listening to us – they were interested in checking a box so they could move on to try to get the zoning changed.

The community is not going to let that happen.

Shakespeare next hopes to present their new design at an upcoming Advisory Neighborhood Commission meeting. We’ll be sure to let you know if and when that gets scheduled so the community can turn out in force.

Why Can’t Shakespeare Theatre Plan a Decent Meeting?

Repeatedly over the last 3 years, Shakespeare Theatre has provided inadequate notice of proposed meetings, and it has happened again with the Theatre’s planned community meeting on June 22 at 7pm at Amidon-Bowen Elementary School. Shakespeare Theatre should provide at least 2 weeks notice of a meeting, and they have repeatedly failed to do that.

Shakespeare Theatre has also repeatedly failed to make materials available ahead of time. The lack of information ahead of time leaves residents struggling to understand complex plans on the fly, and forces the neighborhood to argue from a disadvantageous position with Shakespeare’s phalanx of zoning lawyers and expert planners.

Over and over again, Shakespeare Theatre has attempted to put the community at a disadvantage over an issue the Theatre has disingenuously pursued since May 2, 2014, over 3 years ago. Shakespeare Theatre’s behavior continues to be a breech of faith with the community. Meetings should be scheduled at least 2 weeks in advance, and Shakespeare Theatre should provide materials to the community at least 2 weeks in advance.

 

 

In Bad Faith: Shakespeare Theatre Still Isn’t Fullfilling Its Obligations According to the SWNA Agreement

On September 17, 2014, Shakespeare Theatre Corporation (STC) made a series of promises to the Southwest Neighborhood Assembly (SWNA) in return for SWNA’s withdrawing their Historic Preservation Application for the 501 Eye Street SW site. Nearly two years later, Shakespeare Theatre has failed to fulfill many of the promises it made in the SWNA agreement. On the back of these unfulfilled promises, Shakespeare Theatre is now making new promises to community groups.

In the long list of Shakespeare Theatre’s unfulfilled promises in the SWNA agreement, some commitments were for items to be completed immediately or to be enacted continuously, and others were for items to be completed within a year of the agreement. Still others were to be included in the Planned Unit Development for 501 Eye Street SW. Below is a list of  STC’s unfulfilled promises by section in the SWNA agreement:

R5. …STC is committed to engaging with the Southwest Community as STC develops its plans for the Property, to minimizing the impact of the Development on the Southwest Community, and to addressing, to the greatest extent possible, the concerns that a redevelopment of the Property poses for SWNA and surrounding residents. [Status: NOT DONE]

3. Demolition…Upon issuance of the Raze Permit…STC shall coordinate with…immediate neighbors to minimize impacts of demolition on…residents. [Status: NOT DONE]

5. b. Off-Street Parking…A minimum of 70 off-street parking spaces shall be provided on the Property for use by STC and residents of the Development. Residents of the Development shall not be entitled to participate in any existing or future Residential Permit Parking program…[Status:  NOT DONE. STC’s PUD includes 70 off-street parking spaces but also proposes to reserve numerous spaces of on-street parking for itself]

6. a. Community Engagement…STC will be responsive to and communicate regularly with Townhouse Management III, Inc., and Townhouse Management I, Inc., and a recognized group of residents thereof who live in houses surrounding the Property…regarding all aspects of the development process that will impact the Townhouse Residents, including but not limited to the demolition and construction schedule. STC will also fulfill its promise to make available to the Townhouse Residents all studies commissioned by STC related to the Existing Building, Property, and surrounding infrastructure, including, but not limited to, goetechnical, shading, utility, and transportation studies…STC will continue to provide the Townhouse Residents with further studies as they are completed. [Status: NOT DONE]

6. b. Community Engagement…Within thirty (30) days of Effective Date [September 17, 2014], STC agrees to organize a charette with SWNA and the Townhouse Residents at which three-dimensional models of the proposed massing concepts for the Property will be presented and discussed with meeting participants (the “Charrette”). [Status: NOT DONE, despite repeated requests for the three-dimensional model]

7. c. i. B. Public Benefits…Beginning on the Effective Date [September 17, 2014] STC shall reserve tickets and gift certificates for adult Master Acting Classes and Camp Shakespeare for Southwest Community special events and raffles…[Status:  NOT DONE until 2015 and then only in part.]

7. c. i. C. Public Benefits…Beginning on the Effective Date [September 17, 2014] STC shall coordinate with SWNA and/or ANC 6D to distribute free tickets to Ward 6 Night Free For All performances at Sidney Harmon Hall. [Status: NOT DONE.  For the first time, free tickets suddenly appeared on Thursday June 23, 2016, for a Saturday June 25, 2016 production. Few in the community were aware of the opportunity. A Ward 6 Night Free For All performance has not been established.]

The full SWNA agreement can be found here.

 

 

What It Looks Like for a Developer to Be a Good Neighbor and Still Make a Profit at 501 Eye Street SW

Two years ago, the Shakespeare Theatre Company purchased the land at 501 Eye Street SW, which is part of a neighborhood the city reserved for single-family homes and non-commercial institutions over fifty years ago. 501 Eye Street SW is the last undeveloped plot of land in Southwest D.C. zoned for single family homes, and it is zoned as R-3. This zoning designation restricts the height of buildings to 40 feet and specifically prohibits commercial establishments.

Shakespeare Theatre Company, however, in purchasing the 501 Eye Street SW property was planning a building that would tower 90 feet or more above street level and serve a variety of commercial purposes, including over one hundred rental apartments; temporary actor housing; and office, storage and rehearsal spaces for an additional seventy people. None of these usages are compatible with R-3 zoning or with the character of the neighborhood. Shakespeare Theatre Company demanded that the zoning be changed to something that would permit a 90-foot tall building with a commercial purpose.

Long-term neighbors and those who recently bought townhouses near 501 Eye Street SW objected to Shakespeare Theatre’s plans for a zoning change, particularly since Shakespeare Theatre Company’s large apartment building and commercial facility would abut the Amidon-Bowen Elementary School playground. Neighbors saw that Shakespeare Theatre’s apartment tower and commercial facilities would destroy a safe and quiet neighborhood. Shakespeare Theatre Company wrongly countered that if they weren’t allowed their 90-foot commercial and apartment building, 501 Eye Street SW would deteriorate and become a public nuisance because no developer could make a profit by building within the current zoning.

Neighbors had no choice but to refute Shakespeare Theatre’s baseless claims. We commissioned Ernst Valery Investments, a respected East Coast developer, to examine what is possible at the 501 Eye Street SW site in the context of R-3 zoning. Ernst Valery Investments determined that interested developers would definitely find construction of town houses and other uses permitted by R-3 zoning at 501 Eye Street SW to be profitable. The Ernst Valery Investments report is here. A developer interested in being a good neighbor to the existing homeowners and renters and to the elementary school could easily make a profit within the context of R-3 zoning. That same developer could find themselves contributing in a positive way to the vibrant Southwest neighborhood the city established over fifty years ago.

 

39 Community Benefits Requested for STC’s Development at 501 Eye Street SW [Updated to 41 Community Benefits]

Shakespeare Theatre refused to acknowledge all of the community benefits requested by the 70 participants at the community benefits meeting two weeks ago.  The vast majority of suggestions for community benefits were ruled “out of order” by Shakespeare Theatre table moderators and by Shakespeare Theatre’s public relations firm (see the May 23, 2016 post about the meeting). Shakespeare Theatre specifically ruled “out of order” any design and land-use community benefits despite the fact their Planned Unit Development for the property includes design and land-use as community benefits.

Below is my best attempt to convey the community benefits participants actually requested regardless of whether Shakespeare Theatre wrote them down or nor. Please contact me if you were at the meeting and your requested community benefit isn’t listed below. The majority, but not all, of the items listed below were offered in the context of the zoning remaining the same.

Protecting Elementary School Children

  • Lighted playground until 10:00pm each night.  No relocation of existing light poles.
  • Netting along fence line to keep balls from going over the fence.
  • Prohibition  against complaining about noise from children playing on playground.
  • Heat lamps on playground paid for and maintained by Shakespeare Theatre to counteract effects of shadows.
  • Construct R-3 zoned townhouses, which will assure community stability as well as low automobile traffic, both of which would benefit the children of Amidon-Bowen Elementary School.

Affordable and Workforce Housing

  • A free two-bedroom apartment to attract and retain teachers. Rent would be set and collected by Amidon-Bowen Elementary School PTA.
  • 20 three-bedroom apartments at workforce housing prices.
  • Some apartments should be reserved for teachers at affordable rates.
  • 30% of the apartments should be affordable.
  • 20 affordable three-bedroom apartments.

Learning and Careers

  • A Fall and Spring production directed and produced by Shakespeare Theater company performed at Amidon-Bowen Elementary School using Amidon-Bowen students.
  • Apprenticeships for Southwest residents.
  • The already-promised scholarships to Camp Shakespeare should be for the life of the building.
  • Jobs in construction and in the completed building for residents of Southwest.

Long-Term Engagement

  • $250,000 over 25 years for Amidon-Bowen Elementary School.
  • 1,000 free tickets annually for Amidon-Bowen Elementary School to Shakespeare Theatre productions.
  • Shakespeare Theatre should contribute $250,000 to the Amidon-Bowen PTA.
  • Public access to the roof garden.
  • Permanent programmatic benefits for both Amidon Bowen Elementary School and Jefferson Academy.

Parking and Transportation

  • Shakespeare Theatre should not reserve street parking, currently publicly available, for itself.
  • Free parking for Southwest neighbors.
  • Residents of the new building should not be able to get residential parking permits.
  • Shakespeare Theatre should reinstate the Ladybug shuttle.
  • Ensure that there is one parking spot in the building for every person who lives or works there.

The Arts

  • Free or reduced price tickets to Shakespeare Theatre performances for residents of Southwest.

Neighborhood-Appropriate Building Design

  • The building should be built to current LEED platinum standards, not the 2009 standards Shakespeare Theatre states in their Planned Unit Development.
  • The building should avoid shading neighbors.
  • The remaining trees on the site should be kept.
  • The building should be set back 20 feet from the street on each side.
  • Ensure the building has a smaller footprint (no more than 60% of the land).
  • Do not build anything over 4 stories high.
  • The building should be set back 20 feet from the property line of adjacent property holders.
  • Follow current zoning and build townhouses to keep the character of the neighborhood.
  • Ensure that whatever is built does not block out the sun or daylight to neighboring residents.
  • Ensure that what is built matches the character of the neighborhood.
  • Set the building back 20 feet on all sides.
  • Build townhomes on the site instead.
  • Move the driveway from 6th Street to I Street.
  • Ensure that what is built is consistent with the current zoning of the land.

Location

  • Build in Virginia, where Shakespeare Theatre’s developer is headquartered and where the limited liability corporation that owns 501 Eye Street SW site, “As You Like It,” is located.
  • Build elsewhere (either elsewhere in Southwest or elsewhere generally).