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DC Public and Public Charter Schools
Reply to "Appletree CH Playground- Is anyone else as outraged as I am?"
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[quote=Anonymous][quote=Anonymous] 1) Look at the deeds 2) Appletree is a NON PROFIT dedicated to educating at risk and low income children. Do not characterize it as a "huge corporation". BS.[/quote] 1) All the deeds say is that Appletree owns some space in the building, they say nothing about a right to use common space in perpetuity. If I'm wrong, please show me where the deeds say otherwise. 2) The goodness or evilness of Appletree isn't an issue, this is private land. If it were public space that would be a consideration, but it's not. That said, I'm indebted to a poster on GGW who pointed out that the condo is a Planned Unit Development. A PUD allows a developer to build something that wouldn't ordinarily be allowed under zoning, in exchange for including amenities that benefit the community. To see the order: Go here: http://app.dcoz.dc.gov/content/search/Search.aspx And look up case 05-14. This is where it gets murky. The developer wanted to build a building that was 74 feet tall in a zone where the height limit is 65 feet. In exchange, the developer offered the following community amenities: * Half of the units in the building were sold "at prices affordable to families earning between 30 percent and 80 percent of the area median income." * The developer provided 51 more parking spaces than required. * The developer set aside $250,000 to subsidize the rent of locally-owned businesses in the building and the one that is relevant to this discussion: * "The Applicant signed a ten-year lease with Urban Development Associates to operate an 8,000-square-foot child care center in the building" In the zoning order, the Zoning Commission finds that the development advances major policy objectives of the city, in part, by: "Work[ing] to achieve an adequate supply child care facilities by allowing the establishment of new child care facilities in residential and mixed use areas" and "Increasing daycare facilities to encourage the entry of Ward 1 residents into the workforce." In the final order, the Zoning Commission approves the development, with a number of conditions. The one relevant condition is: "The Project will include an 8,000 square-foot child care center." That's it. Unless Appletree has a lease or a deed that gives them the right to more, as long as they have 8,000 square feet, any other space they're using is private property and the condo board is free to decide how it is used in a way that best serves the members of the condo association. [/quote]
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