Hine PUD Assessment Template and Focus Areas

1. Hine PUD AssessmentTemplate and Focus Areas

2. Contents • Purpose and Focus Areas • Reference Documents • LDDA and PUD Structure • Technical WG Members and Areas of Focus • Overview • Findings

3. Purpose and Focus Areas • The Technical Working Group will assess and provide analysis to the subcommittee to inform development of a community PUD position. • Assessment and analysis will: • Characterize usage, design and structural features of the proposed development, • Identify and catalogue changes to the development over time, • Identify requirements levied on the developer by the City, e.g. noise and transportation studies, • Identify benefits proposed or purported by the Developer, • Identify any elements deemed adverse or requiring mitigation by the City or Developers, • Articulate ownership and leasing rights of the Developer, e.g. operational control of the 700 block of C St, • Compare the PUD application to the Comprehensive Plan and assess compliance, • If able, determine the projects key financial drivers and variables. To accomplish this objective, we will conduct a distributed, hierarchal decomposition of key references, with specific subcommittee members assigned to address the above themes.

4. Reference Documents • Hine PUD Application1 • Hine LDDA2 • DC Comprehensive Plan • Final HPRB Report and “Remaining Issues” summary The LDDA and PUD are available as shared google docs

5. LDDA Structure • Pages 26-33: Project Financial Data • Article 1 (Begins on Pg 35 of the .pdf) – Definitions, Incorporation of Recitals • Article 2 – Conveyance, Letter of Credit, Condition of Property • Article 3 – Representations and Warranties • Article 4 – Zoning, Approval of Construction Drawings; Other Submissions; Approval of Guarantors • Article 5 – Conditions to Closing • Article 6 – Closing • Article 7 – Development of Property and Construction of Project; Construction and Covenant; Affordability Covenant • Article 8 – Defaults and Remedies • Article 9 – Financial Provisions • Article 10 – Assignment and Transfer • Article 11 – Insurance Obligations; Indemnification • Article 12 – Notices • Article 13 – Miscellaneous

6. PUD Structure • Chp I – Introduction • Chp II – The Project • Chp III – Planning Analysis • Chp IV – PUD Evaluation Standards • Chp V – Compliance with Comprehensive Plan • Chp VI – Conclusion • Exhibit A – Zoning Map • Exhibit B – Photographs • Exhibit C – Project Plans and Drawings • Exhibit D – Traffic Phase I Evaluation • Exhibit E – HPO Reports and HPRB Actions • Exhibit F – Application to Ammend the Zoning Map • Exhibit G – Notice of intent to File PUD • Exhibit H – List of Adjacent Property Owners • Exhibit I – Compliance with Chapter 24 of Zoning Regulations • Exhibit J – Section 2403.11 Annotated Table • Exhibit K -- List of Publicly Available Maps

7. Working Group Members, Chapter Assignments and Focus Areas

8. Usage, design and structural features • FAR of 3.4, 254K residential (17% GFA residential, 36% affordable), 202K commercial. • 260 parking spaces, 1.5 levels of parking, possibly 2 levels. 50 spaces for weekend vendors. 8-truck loading bay • 108 bike spaces • North building: • 34 units, 50% devoted to seniors. • Trash pick up in E/W alley. • South building: • D & Penn may be used for “Retail, residential or office”. • 82 units, 8 affordable. 8 units with access to 8thst. Rooftop pool. Private terraces on the 6th floor. • Office component – • Plaza component • If residential, 42 units with 4 affordable. • Alternative uses – 170 room hotel w/ restaurant. • Possible below ground gym. • Below C-2-B FAR of 6.0 and 2.0 (Commercial), 3.4/1.6 respectively. 3.4 is over 3.0 in the Cap Hill Commercial Overlay District. Underplays adjacent R-4 zoning on 8th St. • Affordable housing – 36% if hotel. 29% if residential. • Requested zoning relief from: • Relief from requirement to provide 2 loading berths, 2 100 sqfoot platforms and 1 20ft deep service/delivery space. • Relief from Sec 2516 of the Zoning Regs: erection of two building on a single subdivided lot located within 25 feet of a residence district. • Relief from contiguous parking requirement. • Relief from Section 776 for courts and court niches. • Relief from requirement to distribute affordable housing throughout the building. • Rooftop structures (Sections 411 and 770). • Mechanical penthouse on S. building is over allowable height. • North building setback for mechanical screen not 1:1. • Assumes C-2-B zoning

9. Ownership and leasing rights of 700 block of C St. • The right-of- way for C Street is leased to the Developer and the Developer is to reconstruct the New C Street. After construction, the Developer is responsible for cleaning and trash removal, but the City is responsible for maintenance. The Developer, or its assigns (through a 3rd party contract), can flexibly program the use of the new C Street, without having to seek Public Space permits. The new C Street is closed on weekends and can be closed at other times by simply providing notice to the City. • The above apply specifically to the New C Street, but the operational provisions appear to also apply to the Public Plaza. The Ground Lease that controls the C Street right-of -way provides that the Developer/Assignee is to “manage the 700 block of C Street SE and the adjoining public plaza pursuant to the then applicable Open Space Management Plan which shall be delivered to the District every 5 years.” N.B.I have not been able to find the Open Space Management Plan. • The Term Sheet requires that the City grant a ground lease for C Street (page 1) and the Developer reconstruct C Street to DDOT’s specifications (page 2). • The LDDA states that after C Street is reconstructed, DDOT will accept the new C street (7.11.1), that the Developer will be responsible for cleaning and trash removal and DDOT will be responsible for maintenance (7.11.2). • The developer is granted a Public Space Exemption to enable Developer to flexibly program markets, events and special programs on the new C Street (7.11.3). The new C Street will be closed to vehicular traffic on Saturday and Sunday (7.11.3 (a)) and the Developer may close the street for special events upon notice to DDOT, rather than having to seek permission of DDOT (7.11.3(b)). The Developer may program and manage the new C Street of contract with a third party to do so (7.11.3(c)). • Developer, or assignees, will be exempt from public space fees, but shall apply all rents or fees from special events, market, or other users of New Street and/or Plaza to the cost of programming and management of the Plaza and New Street and for a capital maintenance fund for the public spaces surrounding the Project, under the terms of the Ground Lease (7.11.3(d)).

10. City mandated requirements • Develop the property in accordance with the Development Plan in effect at the time specified in Exhibit H. LDDA 2.1.4 [Note: Exhibit H not attached] • File a one stage PUC application. LDDA 4.1.2 • If changing the Development Plan during the HPRB or PUD process, to submit the changes to the District. District consent is required (and not unreasonably withheld) for changes from 5%-10% in total square footage. LDDA 4.7.1 • During the PUD process, submit a plan to implement a Community Participation Program, including a schedule for public meetings and type of information to be submitted to public. Program includes documentation mechanism, including narrative description of concerns raised and Developer’s response, to be submitted during Progress Meetings with District. LDDA 4.7.2 • Prior to closing, submit a retail strategy and marketing plan that addresses, among other things, compliance with Local Retail Requirement (defined as 20% of total retail square footage to non-national tenants – four or fewer locations under same name/ownership and within D.C. metro area AND minimum 1000 square feet for unique small retailers located only at the Project , both* at rents 75% of market rents). LDDA 4.7.3 & 7.10 • If and to the extent required by PUD process, provide a noise control study of anticipated noise levels and impact of levels on various uses contemplated by the Project. LDDA 4.7.4 • Reserve no fewer than 40 residential units as affordable dwelling units (defined as complying with Affordability Covenant and/or Inclusionary Zoning Requirement). LDDA 7.4. • Other requirements applicable to the Developer would be based on existing laws, including zoning requirements. For example, propose use re-classification C-2-B would require between 201-203 parking spaces unless special relief allowed. PUD p.22 & 33.

11. Changes over time • Other changes from BAFO to PUD: • Changed shape of public plaza. • Changed opening to interior court yard. • Access to parking garage moved from 7th to C St. • North Building -- decrease is height at 7th and 8th Street ends; increased below grade retail square footage. • 8th Street residential building -- set back of 5th floor; increased height at 8th and D St (Penn Ave); increase square footage but fewer units. • Penn Ave commercial building -- added additional story to 7 stories (from 78' to 88'); increased commercial square footage. • Plaza building (7th and C) -- added additional story to 5 stories (from 50' to 61'); increased square footage; removed commercial and added residential; slightly increased retail square footage. • Removed Shakespeare space. • Decreased number of parking spaces from 391 to 260 (but kept 1.5 levels -- HBRP submission had only 1 level).

12. Proposed benefits • Urban Design and Architecture • Site Planning – Economic land utilization • Effective and safe vehicular and pedestrian access • Recreation of C St • Jobs - First source compliance • Affordable housing • LEED designation • 68 vendor tents and 50 parking spaces • Advancement of the comprehensive plan

13. Elements deemed “adverse” or “requiring mitigation”

14. Comparison to Comp Plan