COUNCIL OF THE DISTRICT OF COLUMBIA COMMITTEE OF THE WHOLE COMMITTEE REPORT 1350 Pennsylvania Avenue, NW, Washington, DC 20004 DRAFT TO: All Councilmembers FROM: Chairman Phil Mendelson Committee of the Whole DATE: April 5, 2016 SUBJECT: Report on Bill 21-446, “Closing of a Public Alley in Square 342, S.O. 14-21629, Act of 2016” The Committee of the Whole, to which Bill 21-446, the “Closing of a Public Alley in Square 342, S.O. 14-21629, Act of 2015” was referred, reports favorably thereon with technical changes, and recommends approval by the Council.1 CONTENTS I. Background And Need ...............................................................1 II. Legislative Chronology ..............................................................4 III. Position Of The Executive .........................................................4 IV. Comments Of Advisory Neighborhood Commissions ..............5 V. National Capital Planning Commission Review........................5 VI. Summary Of Testimony .............................................................5 VII. Impact On Existing Law ............................................................5 VIII. Fiscal Impact ..............................................................................6 IX. Section-By-Section Analysis .....................................................6 X. Committee Action ......................................................................6 XI. Attachments ...............................................................................6 I. BACKGROUND AND NEED On October 20, 2015, Bill 21-446, the “Closing of a Public Alley in Square 342, S.O. 14- 21629, Act of 2016” was introduced by Councilmember Evans. Bill 21-446 would order the closing of a portion of a public alley system in Square 342, bounded by Massachusetts Avenue to the north, 10th Street to the east, K Street to the south, and 11th Street to the west, in Northwest Washington, D.C., in Ward 2. The applicant is Jemal’s Bulldog LLC (the “Applicant”). The purpose of the closing of this alley is to facilitate the development of a new hotel. 1 The Committee modified the title of Bill 21-446 to reflect the current year. The original title of the bill was the “Closing of a Public Alley in Square 342, S.O. 14-21629, Act of 2015.” Committee of the Whole April 5, 2016 Report on Bill 21-446 Page 2 of 6 Legal Background The Street and Alley Closing and Acquisition Procedures Act of 1982, effective March 10, 1983 (D.C. Law 4-201; D.C. Official Code § 9-201 et seq.) (“Act”) establishes procedures for closing streets and alleys, opening new streets and alleys, naming public spaces, and other procedures related to streets and alleys. The Act authorizes the Council to close all or part of a street or alley, and establishes one standard for reviewing a street or alley closing application: whether the street or alley is determined by the Council to be needed for street or alley purposes. The Act also authorizes the Council to make approval of a street or alley closing contingent upon: (1) the dedication of land for street or alley purposes if the public interest would be served by such action; (2) the granting to the District of specific easements for public purposes; and (3) any other condition that the Council considers necessary. Pursuant to the Act, street and alley closing applications are submitted to the Surveyor of the District of Columbia who assigns a Surveyor’s Order (S.O.) number and collects applicable fees. The Surveyor requests comments from executive branch agencies and public utilities. A plat is prepared and the application is forwarded through the Mayor’s Office of Policy and Legislative Affairs, which also solicits comments from executive branch agencies. When these reviews are completed, the application is transmitted to the Council in the form of a bill from the Mayor. Councilmembers may also initiate action on an alley or street closing on their own by introducing a bill. In such cases, the Act provides that the Council cannot consider such a bill until the required reviews have been completed. Regarding Bill 21-446, all of the reviews have been completed without objection. The Act establishes notice requirements for street and alley closing legislation. The Council is required to publish notice of a street or alley closing in the District of Columbia Register. Further, the applicant is required to give written notice to all property owners abutting a block or alley affected by the proposed street or alley closure. The applicant is also required to post signs at each end of a block or each entrance to an alley affected by the street or alley closing legislation. The applicant is required to give the Council certification of compliance with these requirements. Regarding Bill 21-446, these requirements have been met. After the street or alley closing legislation becomes law and all conditions required by the Council and the Act have been satisfied, the Surveyor records a copy of the act and plat in the Office of the Surveyor. Thereafter, the street or alley is deemed closed and title to the land reverts or vests in fee simple to the abutting record owners as shown on the plat. The land becomes subject to tax and zoning laws in the same manner as the abutting land. The right of the public to use the street or alley typically ceases, and any proprietary interest of the United States or the District of Columbia in the street or alley ceases. If a closing plat shows an easement or dedication of land for public purposes, the land encompassed by the easement or dedication becomes available for the specified public purposes. The Development Project The proposed development site is located in Square 342, which is one block from the Convention Center, in the Mt. Vernon neighborhood. Lots 53 and 809 on the square are currently Committee of the Whole April 5, 2016 Report on Bill 21-446 Page 3 of 6 improved with two four-story 19th century buildings. Lots 4 and 5 contain a surface parking lot. Directly across the street from the property to the west and south are high density mixed-use commercial buildings. Adjacent to the property to the north, on Lot 810, is the Hostelling International Washington DC building and a mixed-use residential building. To the east are office buildings. The portion of the alley system proposed to be closed is located in the southern portion of the square and runs north-south for a length of approximately 67 feet and is three feet wide. The Applicant is the owner of lots 4, 5, 53, and 809 and plans to consolidate these lots in order to construct a new 13-story hotel containing approximately 200 rooms, plus retail, service, and restaurant uses. The Applicant plans to renovate and incorporate the two existing historic buildings into the design of the project, as well as build a new, connected tower with ground floor retail to the east. The Board of Zoning Adjustment has granted variances and a special exception to the Applicant for the project. The Applicant will not offer an easement over the closed alley. The hotel will be constructed over top of the alley, making continued access impossible. However, the alley system in the square also includes a 12-foot wide through-block public alley running east-west, as well as an 11-foot wide north-south public alley. Neither of these alleys will be impacted by the Applicant’s development. Moreover, the alley proposed to be closed does not connect to the rest of the alley system and does not provide access to parking or loading for any adjacent properties. There are no objections on the record. However, the following agency conditions must be met: 1. If the alley appears to provide overland storm water relief, the applicant must provide surface drainage to portions of the alley not closed (DC Water). 2. No existing FD connections and fire hydrants can be obstructed/blocked in any way that will prevent emergency access (FEMS). 3. Fire access to the adjacent properties, lots, and squares is not compromised and is maintained in accordance with Chapter 5, Fire Services Features, and Section 503 “Fire Apparatus Access Roads” in the 2012 International Fire Code (FEMS). The Applicant is Jemal’s Bulldog LLC, a District of Columbia limited liability company. The members are Douglas Jemal, Norman Jemal, and Matthew Jemal. These individuals have collectively contributed to the following District election campaigns since 2012: (1) Re-elect Orange 2012; (2) Barry for Ward 8; (3) Muriel Bowser for Mayor; (4) Jack Evans for Mayor; (5) Tommy Wells for Mayor; (6) Orange for Mayor; (7) Committee to Elect Andy Shallal; (8) Brianne for DC; (9) Catania for Mayor; (10) Smitty for Attorney General; (11) Karl Racine for Attorney General; (12) LaRuby May for 2015; and (13) Re-elect Orange 2016. In addition, Douglas Development is a development partner. Douglas Development contributed to the following District election campaigns since 2012: (1) Shapiro 2012; (2) Charles Allen for Ward 6; (3) Kathy Henderson for Ward 5 in 2014; (4) Orange for Mayor; (5) Kenyan McDuffie 2014; (6) Brian Hart for DC; (7) Robert White at Large; (8) Brandon Todd for Ward 4; (9) Barry for Council; (10) Committee of the Whole April 5, 2016 Report on Bill 21-446 Page 4 of 6 David Garber for DC Council; (11) Committee to Re-elect Yvette Alexander 2016; and (12) Re- elect Orange 2016. The Committee received no testimony in opposition to Bill 21-446. The proposed closing is integral to the redevelopment of the southwest quadrant of the square. It would preserve portions of attractive 19th century buildings that have been vacant and deteriorating for more than a decade and would replace a surface parking lot with a new building and street-activating ground retail.2 Therefore, the Committee recommends approval of Bill 21-446. II. LEGISLATIVE CHRONOLOGY Oct. 20, 2015 Bill 21-446, the “Closing of a Public Alley in Square 342, S.O. 14-21629, Act of 2015” is introduced by Councilmember Evans.