MURIEL BOWSER
Mayor
May 20, 2024
The Honorable Phil Mendelson
Chairman, Councilofthe District ofColumbia
John A. Wilson Building
1350 Pennsylvania Avenue, NW, Suite 504
Washington, DC 20004
Dear Chairman Mendelson:
Enclosed for the consideration of the Council of the District of Columbia is legislation entitled
“Removalof the Highway Plan and Building Restriction Line from Lot 9 in Square 5914 along
the west side of Congress Street, S.E., S.0. 22-01642, Resolution of 2023”.
The purpose of this application is to remove the Building Restriction Line (BRL) from Lot 9 in
Square 5914 along the west side of Congress Street, S.E., and to amend the Plan of the
Permanent System of Highways of the District of Columbia (the “Highway Plan”) to reduce the
width of Congress Street, S.E., by the same 15-foot distance regulated by the BRL. This removal
will allow for the development ofa mid-rise, mixed-use building with approximately 180
residential units comprising of efficiency, 1, 2, and 3 bedroom rental affordable housing units
with ground floor accessible commercial and retail space and approximately 43 parking spaces in
Southeast Washington D.C.
Pursuant to D.C. Official Code § 9-202.02(3) the application was referred to the National Captial
Planning Commisission (“NCPC”). In a letter dated March 30, 2022, to the Surveyor, NCPC
stated that the proposed project was exempt from NCPC review.
Pursuant to D.C. Official Code § 9-202.02(4) the application was referred to the Historic
Preservation Review Board (“HPRB”). In a letter dated May 17, 2022, to the Surveyor, HPRB
stated that it had no comment on the proposed removalofthe BRL since it does not involve the
closure of a L’Enfant Street. However, they HPRB noted that the “Malcolm X Development
Project” will require further review in accordance with the DC Historic Landmark and Historic
District Protection Act.
Pursuant to D.C. Official Code § 9-202.02(5) the application was referred to Advisory
Neighborhood Committee (“ANC”) 8E. Ina letter dated June 17, 2022, to the Surveyor, ANC 8E.
stated support for the removal of the building restriction line to allow for the constructionofthe
180 affordable unit building.
Turge the Council to take prompt and favorable action on the enclosed legislation. If you have
any questions, please contact Brian Hanlon, Acting Director, DepartmentofBuildings, at
brian.hanlon @de,gov or (202) 442-8935.
Sincerely,
iriel Bowser
Josures
egal Sufficiency Memo
- Initial Application — December 17, 2021 - Congress and Savannah St BRL
removal Agency Responses
- DHCD ~ March 3, 2022, letter in support of Congress & Savannah St BRL removal
- DPW-March 21, 2022, letter of no objection to Congress & Savannah St BRL removal
- DDOT — April 11, 2022, report in support of the Congress St BRL removal but objecting to
the Savannah St BRL removal
- FEMS ~May 13, 2022, letter ofno objection to Congress & Savannah St BRL removal
- HPO—May 17, 2022, letter of exemption for Congress & Savannah St BRL removal
~ ANC 8E ~ June 17, 2022, letter in support of Congress & Savannah St BRL removal
- OP ~ December 14, 2022, report in support of Congress & Savannah St BRL removal
- NCPC - March 30, 2022, letter of exemption for Congress & Savannah St BRL.
removal Utility Responses
- DC Water ~ March 14, 2022, letter of no objection to Congress & Savannah St BRL removal
~ Pepco— March 22, 2022, letterofno objection to Congress & Savannah St BRL removal
~ Washington Gas — June 14, 2022, letterof no objection to Congress & Savannah St
BRL removal
- Verizon March 4, 2022, letter ofno objection to Congress & Savannah St BRL removal
~ Revised Application — February 9, 2023 — Congress St BRL removal and
corresponding reduction in Highway Plan width of Congress St
~ Surveyor— Highway Plan Street Extension 4, Sheet 19
- DDOT—January 18, 2023, supplemental report in support ofCongress St BRL removal
and corresponding reduction in Highway Plan width of Congress St
~ Surveyor - January 31, 2023, statement of ownership of Lot 9 in Square 5914
- Surveyor ~ February 14, 2023, draft plat of Congress St BRL removal and
corresponding reduction of the Highway Plan widthof Congress St
- OCFO ~April 3, 2023, Fiscal Impact Statement for $.0. 22-0164 [sic] - sufficient funds
for FY23 and FY24-27
- NCPC —July 11, 2023, letter of exemption for Congress St BRL removal and
corresponding reduction of the Highway Plan width of Congress St
- Draft Bill - Removalofthe Highway Plan and Building Restriction Line from the west side
ofCongress Street, S.E., on Lot 9 in Square 5914, S.O. 22-01642, Resolution of 2023
1
2
3
~
at the request of the Mayor
4
5
6 A BILL
7
8
9
10 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
11
12
13
14
15 To authorize the Mayor to remove a portion of Congress Street, S.E., from the Plan of the
16 Permanent System of Highways of the District of Columbia and to remove a portion of
17 the building restriction line on Congress Street, S.E.
18
19 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
20 act may be cited as the "Removal of the Highway Plan and Building Restriction Line from Lot 9
21 in Square 5914 along the West Side of Congress Street, S.E., S.O. 22-01642, Act of 2024".
22 Sec. 2. Notwithstanding the provisions of the Street and Alley Closing Acquisition
23 Procedures Act of 1982, effective March 10, 1983 (D .C. Law 4-201 ; D.C Official Code§ 9-
24 201.01 et seq.), An Act Making appropriations to provide for the expenses of the government of
25 the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and fourteen,
26 and for other purposes, approved March 4, 1913 (37 Stat. 949; D.C. Official Code§ 9-101.12),
27 and any other law governing the Plan of the Permanent System of Highways of the District of
28 Columbia or building restriction lines, the Mayor may:
29 (a) Remove the portion of Congress Street, S.E., on Lot 9 in Square 5914 from the Plan
30 of the Permanent System of Highways of the District of Columbia, as shown on the Surveyor's
31 plat filed under S.O. 22-01642; and
32 (b) Remove the 15-foot building restriction line from the west side of Congress Street,
33 S.E., on Lot 9 in Square 5914, as shown on the Surveyor’s plat filed under S.O. 22-01642.
34 Sec. 3. Fiscal impact statement.
35 The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal
36 impact statement required by section 4a of the General Legislative Procedures Act of 1975,
37 approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
38 Sec. 4. Effective date.
39 This act shall take effect following approval by the Mayor (or in the event of veto by the
40 Mayor, action by the Council to override the veto), a 30-day period of congressional review as
41 provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
42 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of
43 Columbia Register.
22-01642 12/17/2021
1351 Alabama Ave SE
Square 5914 Lot 0806 Portion A (per the sketch, lot
Eliminate building restriction line (per the sketch)
N/A
N/A
N/A
DMPED - Sarina Accime 202-340-6318
1350 Pennsylvania Ave NW, Suite 317, Washington, DC 20006
ttdcra GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS
PERMIT OPERATION DIVISION
OFFICE OF THE SURVEYOR
1100 4™ STREET, S.W., 3RD FLOOR
WASHING TON, DC 20024
Retail Tenant Displacement Form
Note: The following information is required relative to provisions of DC Law 6-133 (DC Act 6-171).
Surveyor's Office Fi.le No. 22-01642_
Regarding an application for the proposed closing/dedication of the following st:reet(s) or alley(s), the
undersigned, being the applicant or the agent for the applicant, hereby makes the following
representations as complete and true:
1. ALI propei1ies associated with the proposed closing/dedication are Listed as follows:
Square N/A LotNumbei· N/A
2. The proposed closing/dedication will o or will not o result in displacement of existing retail
tenants because of the demolition, substantial rehabilitation, or discontinuance of an existing
building.
Name Address Square/Lot
N/A N/A N/A N/A
12/17/2021 Sarina Accime
Date Print or Type Name
l_§ · ;;:,,ce
Kay: ddtabbbl c.>lW2!.br!d:.l:.l