STATEMENT OF COMPLIANCE APPLICATION OF THE COMMONWEALTH OF AUSTRALIA, REPRESENTED BY THE AUSTRALIAN EMBASSY 1601 Massachusetts Avenue, NW (Square 181, Lot 162) 1. Introduction The Commonwealth of Australia, represented by the Australian Embassy, Washington DC (the “Embassy” or the “Applicant”), proposes to remove the existing Australian chancery building at 1601 Massachusetts Avenue, NW (Square 181, Lot 162) and replace it with a new chancery building.1 The building will contain chancery office space, conference and meeting rooms, consular services, and accessory space. The replacement chancery building’s height, density, and lot occupancy will be generally consistent with that of the existing chancery building. As further detailed below, Foreign Missions Board of Zoning Adjustment (“FMBZA”) review is required for the proposed replacement chancery. The FMBZA has exclusive jurisdiction to review the proposed project pursuant to Section 206 of the Foreign Missions Act (22 USC § 4306) (the “Act”) and Subtitle X, Chapter 2 of the 2016 Zoning Regulations (“DCMR 11”), including public space approval and historic preservation approval pursuant to 11X DCMR §§ 201.8 and 203.7. The Act makes it clear that provisions of law other than the Act "shall apply to chanceries only to the extent that they are consistent with this section." 22 USC § 4306(j). Further, "[N]o act of any Federal agency shall be effective to confer or deny any benefit with respect to any foreign mission contrary to this Chapter." 22 USC § 4307. The final determination made by the FMBZA concerning the location, replacement or expansion of a chancery “shall not be subject to 1 “Chancery” is defined in the Zoning Regulations and in the Foreign Missions Act as “[t]he principal offices of a foreign mission used for diplomatic or related purposes, and annexes to such offices (including ancillary offices and support facilities), including the site and any building on such site that is used for such purposes.” 11B DCMR § 100.2; 22 USC § 4302. Board of ZoningBoard Adjustment of Zoning Adjustment District of ColumbiaDistrict of Columbia CASE NO.19557 Case No. 19557 EXHIBIT NO.10 10 the administrative proceedings of any other agency or official” except as provided by the Act.” 22 USC § 4306(c)(3). 2. Description of Property, Zoning History, and Existing Chancery The property at 1601 Massachusetts Avenue, NW is known as Square 181, Lot 162 (the “Site”). The Site contains approximately 30,314.914 square feet of land area (measured dimension) and is bounded on three sides by public space: 16th Street to the east, Scott Circle and Massachusetts Avenue to the south, and a public alley to the west. The First Baptist Church of the City of Washington abuts the Site to the north. The Site is located in the MU-15 zone district and is a non-contributing building within the Sixteenth Street Historic District. The Site has been used for chancery purposes since the mid-1960s. The existing chancery building was approved in BZA Order Nos. 8340 and 8665, dated September, 1965 and April, 1966, respectively. The BZA also approved an addition to the existing chancery building and a penthouse that exceeds one-third of the total roof area in BZA Order No. 11590, effective March, 1974. The existing chancery building has an overall floor area ratio of 5.35, a maximum building height of 90 feet,2 and a lot occupancy of 80%. The building contains 90 parking spaces in a below- grade parking garage accessed from a curb cut and ramp on Massachusetts Avenue, with an exit ramp onto 16th Street. The building includes one loading berth accessed from the public alley to the west of the Site. As described below, the Applicant proposes to raze the existing chancery building and replace it with a new chancery building within generally the same building envelope. 2 The SP Zoning Regulations in place when the existing chancery building was approved and constructed permitted a maximum matter-of-right non-residential density of 5.5 FAR and a maximum building height of 90 feet. The current MU-15 Zoning Regulations permit (i) a maximum matter-of-right density of 4.0 FAR (4.8 FAR with Inclusionary Zoning) of which 2.5 FAR may be devoted to non-residential use; and (ii) a maximum matter-of-right building height of 65 feet (70 feet with Inclusionary Zoning). See 10G DCMR §§ 602.1 and 603.1. 2 #51276399_v6 A full comparison of the zoning tabulations for the existing and proposed buildings is included on the Self-Certification Form included with this application. 3. Description of Proposed Use The Embassy proposes to construct a new chancery building on the Site that contains chancery office space, conference and meeting rooms, consular services, and other ancillary uses to the chancery use. The new building will reduce the existing Site density to approximately 4.32 FAR (1.04 FAR less than the existing Site density) and maintain the existing building height of 90 feet. The lot occupancy will increase slightly to approximately 86.3%, which in part is a result of extending the building footprint to the south property line, along Massachusetts Avenue and 16th Street. There will be a 1.83-foot side yard along the public alley on the west side of the Site and a 0.83-foot side yard on the east side of the Site, whereas side yards currently do not exist at the Site. The project will relocate the existing Massachusetts Avenue parking garage, and the existing 16th Street exit to the public alley, thus eliminating the existing curb cuts and reducing potential vehicular and pedestrian conflicts. The garage will include 91 vehicle parking spaces. One loading berth, one loading platform, and one service/delivery loading spaces will be provided, also accessed from the alley. A sally port to screen vehicles prior to entering the building will be located adjacent to the garage entrance ramp, also along the alley. Bicycle parking and shower/changing facilities will be provided in amounts consistent with the Zoning Regulations; however, as described below, the long-term bicycle parking spaces will be provided in a covered shelter on the Site adjacent to the building. The main entrance to the building will be from Massachusetts Avenue, with extensive landscaping in the public space along all street frontages that are consistent with the District’s vernacular and interspersed with feature Australian stone paved courtyards. A light well at the 3 #51276399_v6 southwest corner of the building, along the Massachusetts Avenue frontage, will provide natural light to the Consular Section on the lower level of the building. The plan for this light well includes a landscaped cascading water feature. The building’s roof features extensive solar panels and a green roof. The architectural drawings included in this application provide more complete information about the proposed building design, materials, and uses. 4. The proposed chancery replacement is consistent with the Foreign Missions Act and the Zoning Regulations. The Act and Subtitle X, Chapter 2 of the Zoning Regulations govern the location, replacement, and expansion of chanceries. The proposed chancery replacement in this application is consistent with both the Act and the Zoning Regulations. Because the proposed chancery replacement meets the six criteria for approval, as set forth below, the proposal should not be disapproved. A. The International Obligation of the United States. The United States has an international obligation to facilitate the provision of adequate and secure facilities for foreign missions in the Nation's Capital. See 22 USC § 4306(d)(1); D.C. Official Code § 6-1306(d)(1); 11X DCMR § 201.8(a). Favorable action by the FMBZA on this application would fulfill the international obligation of the United States. The U.S. Department of State supports the filing of this application, and will be filing a report prior to the public hearing. B. Historic Preservation, as Determined By The FMBZA. In order to ensure compatibility with historic landmarks and districts, the Act requires substantial compliance with District of Columbia and federal regulations governing historic preservation, with respect to new construction and to demolition of or alteration to historic landmarks and contributing resources within historic districts. Pursuant to FMBZA Order 4 #51276399_v6 No. 18131-A, Application of the Embassy of the People’s Republic of China, dated May 18, 2011, the FMBZA found the following: While "substantial compliance" is not defined in the Foreign Missions Act or the Zoning Regulations, in Sheridan-Kalorama Historical Ass'n. v. Christopher, 49 F.3d 750, 311 U.S. App. D.C. 16 (D.C. Cir. 1995), the United States Court of Appeals for the District of Columbia Circuit noted that “’compliance’ with these laws is not as much a matter of meeting any specific standard as it is of submitting the proposal to the appropriate regulatory body or bodies for review and comment," 49 F.3d at 759, 311 U.S. App. D.C. at 25. In that case, the court found substantial compliance through the referral of the application to the Mayor's Agent for Historic Preservation. See also FMBZA Order No. 18049, Application of the Republic of Trinidad and Tobago, dated May 14, 2010, and FMBZA Order No. 17886-A, Application of the Republic of South Africa, dated April 14, 2009. Nonetheless, the Act requires that satisfaction of the historic preservation criteria be determined by the FMBZA. This project will include the demolition of the existing Chancery building located in the Sixteenth Street Historic District. Completed in 1969, the existing Chancery is a seven-story, off- white Tennessee marble-clad, concrete, glass, and steel office building. The building is rectangular in plan. It features a flat roof with a mechanical penthouse, setback from the building line, and an underground parking facility.