District Of Columbia 2023 2023-2024 Regular Session

District Of Columbia Council Bill B25-0149 Introduced / Bill

Filed 02/23/2023

                     
 
Nyasha Smith 
Secretary of the Council 
1350 Pennsylvania Avenue NW 
Washington, DC 20004 
 
February 23, 2023 
 
Dear Secretary Smith: 
 
Today, I am introducing the “Friendship Heights Business Improvement District Amendment Act of 
2023”. This legislation would create the District’s twelfth Business Improvement District (BID) to 
support the revitalization of the Friendship Heights neighborhood in Northwest DC along the 
Maryland border. A signed copy of the bill is enclosed. 
 
Driven by property owners, businesses, and community leaders, the new BID will advance the 
revitalization of Friendship Heights through on-	the-ground economic development efforts like 
placemaking, capital improvements, expanded security and maintenance, and promotion for local 
businesses. The BID model has long been successful in DC, and the proven local business-driven 
effort in Friendship Heights will support a robust economic recovery in the coming years. 
 
By establishing a Business Improvement District in Friendship Heights, the District can support the 
revitalization of the neighborhood and pursue expanded economic opportunity for businesses and 
residents along the corridor. 
 
Sincerely, 
 
 
 
 
Matthew Frumin 
Councilmember for Ward 3   
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Councilmember Matthew Frumin 4 
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A BILL 7 
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 11 
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To amend the Business Improvement District Act of 1996 to authorize the 	establishment and 16 
administration of the Friendship Heights Business Improvement District. 17 
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 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 19 
Act may be cited as the “Friendship Heights Business Improvement District Amendment Act of 20 
2023”. 21 
 Sec. 2 The Business Improvement District Act of 1996, effective May 29, 1996 (D.C. 22 
Law 11-134; D.C. Official Code § 2-	1215.01 et seq .), is amended by adding a new section 212 to 23 
read as follows: 24 
 “Section 212. Friendship Heights BID. 25 
“(a) Subject to review and approval by the Mayor under §§ 2-	1215.05 and 2- 1215.06, the 26 
formation of the Friendship Heights BID, including nonexempt real property within the 27 
geographic area set forth in subsection (b) of this section, is authorized and the BID taxes 28 
imposed in subsection (c) of this section shall be imposed through the earlier of the expiration of 29 
this subchapter or the termination or dissolution of the BID.  30 
“(b) The Friendship Heights BID shall be comprised of the geographic area bounded by a 31 
line that starts beginning at the intersection of the southeast line of Western Avenue, N.W. and 32 
the northeast line of Wisconsin Avenue, N.W., said beginning also being the northwest corner of 33   
Square 1661; w ith said southeast line of Western Avenue, N.W., Northeasterly, to the south line 34 
of Military Road, N.W.; thence continuing w	ith said south line of Military Road, N.W., East, to 35 
the west line of 43rd Street, N.W.; thence continuing w	ith said west line of 43rd Street, N.W., 36 
South, to a northeast corner of former Lot 31, Square 1661; thence continuing w	ith a 37 
southeasterly line of former Lot 31, Square 1661, Southwesterly, to a northeast corner of Lot 38 
855, Square 1661; thence, continuing w ith an easterly line of said Lot 855, Square 1661, 39 
Southerly, to a point of curve ; thence continuing along an east boundary of said Lot 855, Square 40 
1661, 39.13’ on the arc of a curve to the left of radius 103.08’, to a point of tangent; thence 41 
continuing along an east boundary of said Lot 855, Square 1661, Southeasterly, to a point of 42 
curve; thence continuing along an east boundary of said Lot 855, Square 1661, 27.71’ on the arc 43 
of a curve to the right of radius 73.04’, to a point of tangent; thence continuing along an east 44 
boundary of said Lot 855, Square 1661, Southerly, to a north line of Lot 817, Square 1661; 45 
thence, continuing with a north line of Lot 817, Square 1661, Easterly, to the northeast corner of 46 
said Lot 817, Square 1661; thence w	ith the east line of said Lot 817, Square 1661, South, to the 47 
north line of Jenifer Street, N.W.	; thence running across Jenifer Street, N.W., Southeasterly, to 48 
the intersection of the south line of Jenifer Street, N.W. and the west line of 43rd Street, N.W., 49 
said intersection also being the northeast corner of Square 1659; thence w	ith said west line of 50 
43rd Street, N.W., South, to the north line of Ingomar Street, N.W., said intersection also being 51 
the southeast corner of Square 1659; thence r	unning across Ingomar Street, N.W., Southeasterly, 52 
to the northeast corner of Lot 10, Square 1665, and the southwest line of a 15’ public alley in 53 
Square 1665; thence w ith said southwest line of 15’ public alley, Southeasterly, to the south line 54 
of a 15’ public alley in Square 1665; thence w	ith said south line of 15’ public alley, East, to a 55 
corner of former Lot 11, Square 1665; thence w	ith a west line of said former Lot 11, Square 56 
1665, Southeasterly, to a corner of said former Lot 11, Square 1665; thence w	ith a northwest line 57   
of said former Lot 11, Square 1665, Southwesterly, to the north most corner of Lot 2001, Square 58 
1665; thence with an east line of said Lot 2001, Square 1665, Southeasterly, to a corner thereof;; 59 
thence with an east line of said Lot 2001, Square 1665, South, to the north line of Harrison 60 
Street, N.W.; thence running across Harrison Street, N.W., Southeasterly, to the intersection of 61 
the south line of Harrison Street, N.W., and the west line of 42nd Street, N.W., said intersection 62 
also being the northeast corner of Square 1666; thence with said west line of 42nd Street, N.W., 63 
South, to the north line of Garrison Street, N.W. and the southeast corner of Square 1666; thence 64 
running across Garrison Street, N.W., Southwesterly, to the northeast corner of former Lot 37, 65 
Square 1669 and the southwesterly line of a 10’ public alley in Square 1669; thence w	ith said 66 
southwesterly line of 10’ public alley, Southeasterly, to the southeast corner of Lot 34, Square 67 
1669; thence running across said public alley in Square 1669, Southeasterly, to the northeast 68 
corner of Lot 26, Square 1669, and the west line of 42nd Street, N.W.; thence, w	ith said west line 69 
of 42nd Street, N.W., South, to the north line of Fessenden Street, N.W.; thence w	ith said north 70 
line of Fessenden Street, N.W., West, to the northeast line of Wisconsin Avenue, N.W.; thence 71 
running across Wisconsin Avenue, N.W., Westerly, to the intersection of the north line of 72 
Fessenden Street and the southwest line of Wisconsin Avenue, N.W.; thence w	ith said north line 73 
of Fessenden Street, N.W., West, to a southwest corner of Lot 11, Square 1655; thence w	ith the 74 
boundary of said Lot 11, Square 1655, North, to a corner of said lot; thence continuing along the 75 
boundary of said Lot 11, Square 1655, West, to another corner of said lot; thence continuing 76 
along the boundary of said Lot 11, Square 1655, North, to another corner of said lot; thence 77 
continuing along the boundary of said Lot 11, Square 1655, West, to another corner of said lot; 78 
thence continuing along the boundary of said Lot 11, Square 1655, South, to another corner of 79 
said lot; thence continuing along the boundary of said Lot 11, Square 1655, West, to another 80 
corner of said lot; thence continuing along the boundary of said Lot 11, Square 1655, North, to 81   
another corner of said lot; thence continui ng along the boundary of said Lot 11, Square 1655, 82 
East, to another corner of said lot; thence continuing along the boundary of said Lot 11, Square 83 
1655, North, to the southwest corner of Lot 9, Square 1655; thence w	ith the west line of said Lot 84 
9, Square 1655, North, to the south line of Garrison Street, N.W.; thence r	unning across Garrison 85 
Street, N.W., Northwesterly, to the southwest corner of Lot 9, Square 1656, and the east line of 86 
16’ public alley in Square 1656; thence w	ith said east line of public alley, North, to the south line 87 
of Harrison Street, N.W.; thence r	unning across Harrison Street, N.W., Northeasterly, to 88 
southwest corner of Lot 23, Square 1657 and the intersection of the north line of Harrison Street 89 
and the northeasterly line of 20’ public alley in Square 1657; thence w	ith said northeasterly line 90 
of 20’ public alley, Northwesterly, to the east extension of the north line of a 16’ public alley in 91 
Square 1657; thence w ith said east extension and said north line of a 16’ public alley in Square 92 
1657, West, to the east line of 44th Street, N.W.; thence crossing said 44th Street, N.W., 93 
Southwesterly, to a southeast corner of Lot 33, Square 1580; thence w	ith the south line of said 94 
Lot 33, Square 1580, West, to the east line of 45th Street, N.W.; thence w	ith said east line of 95 
45th Street, N.W., North, to a corner of Lot 33, Square 1580; thence w	ith the northeast line of 96 
45th Street, N.W., Northwesterly, to the southeast line of Western Avenue, N.W.; thence w	ith 97 
said southeast line of Western Avenue, N.W., Northeasterly, to the southwesterly line of Jenifer 98 
Street, N.W.; thence crossing Jenifer Street, N.W., Northeasterly, to the west most corner of Lot 99 
811, Square 1660, said corner also being the intersection of the southeast line of Western 100 
Avenue, N.W. and the northerly line of Jenifer Street, N.W.; thence with said southeast line of 101 
Western Avenue, N.W., Northeasterly, to the southwest line of Wisconsin Avenue, N.W.; thence 102 
running across Wisconsin Avenue, N.W., Northeasterly, to the intersection of the northeast line 103 
of Wisconsin Avenue, N.W. and the southeast line of Western Avenue, N.W., and the place of 104 
beginning. 105   
“(c)(1) The BID taxes for nonexempt properties in the Friendship Heights BID shall be as 106 
follows: 107 
 (A) The amount of $0.165 per square foot for each net rentable square foot for 108 
Class 2 Properties, excluding hotels; 109 
 (B) The amount of $120 per hotel or motel room annually; and 110 
 (C)(i) The amount of $120 per unit annually of Class 1 property that 111 
contains 5 or more residential units available for rental for non-	transient residential dwelling 112 
purposes that were placed in service after the effective date of the Rental Housing Act of 1985, 113 
effective July 17, 1985 (D.C. Law 6-	10; D.C. Official Code § 42-	3501.01 et seq.). All other 114 
Class 1 property is exempt from this BID tax. 115 
 “(ii) If a residential unit is restricted to residents based upon income pursuant to a 116 
Federal or District affordable housing program, the BID tax due on the unit shall be computed by 117 
applying the percentage of area median income eligible residents must meet to participate in the 118 
affordable housing program to the amount of the BID tax which would otherwise be due. 119 
 “(2) To the extent that a building that is subject to the BID tax is constructed pursuant to 120 
a ground lease on land that is exempt from real property taxes, the assessed value of the real 121 
property for purposes of the BID tax shall include the value of the building and the leasehold 122 
interest, possessory interest, beneficial interest, or beneficial use of the land, and the lessee or 123 
user of the land shall be assessed the corresponding BID tax, which shall be collected in the same 124 
manner as possessory interest taxes under § 47-	1005.01, or as otherwise provided in this 125 
subchapter. 126 
 “(3) If a residential unit is restricted to residents based upon income pursuant to a Federal 127 
or District affordable housing program, any residential unit with a household income of 100 128 
percent or less of the Area Median Income shall be exempt from BID tax that would otherwise 129   
be due on the unit. 130 
“(4) Subject to the requirements of § 2-	1215.08(b) , a 3% annual increase in the BID taxes 131 
over the current tax year rates specified in paragraph (1) of this subsection is authorized.” 132 
 Sec. 3. Fiscal impact statement.  133 
 The Council adopts the fiscal impact statement in the committee report as the fiscal 134 
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 135 
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-	301.47a). 136 
 Sec. 4. Effective date. 137 
 This act shall take effect following the approval by the Mayor (or in the event of a veto 138 
by the Mayor, action by the Council to override the veto), a 30-day period of congressional 139 
review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved 140 
December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-	2602.02(c)(1)), and publication in the 141 
District of Columbia Register.  142