MURIEL BOWSER
MAYOR
November 14, 2023
The Honorable Phil Mendelson
Chairman
Council
of the District of Columbia
1350 Pennsylvania Avenue, N.
W., Suite 504
Washington, DC 20004
Dear Chairman Phil Mendelson:
Enclosed for consideration by the Council
is proposed legislation entitled the "Bruce Monroe
Disposition Extension Approval Act
of 2023."
This bill is to approve the extension
of time for the disposition ofreal property located at 3012
Georgia Avenue, N.W, known for tax and assessment purposes as Lot 0849 in Square 2890
('"Property"). The project contemplates creating 273 residential units, including over 200
affordable units,
as well as market rate units and commercial or community amenity space.
The Office
of the Deputy Mayor for Planning and Economic Development is working with the
developers to dispose
of the property as part of the redevelopment of Park Morton, in furtherance
of New Community Initiative objectives and in accord with several approval resolutions, as
detailed in the attached status report. However, the project has been tied up in the Zoning
Commission and the Court
of Appeals, though the Planned Unit Development (PUD) has long
been approved by the Zoning Commission. The litigation is the chief cause
of delay in this
project; it is expected to be resolved prior to the end
of the proposed extension in authority.
Included with this proposed legislation is a status report detailing the reasons for the inability
of
the District to dispose of the Property within the 2-year time authorized and extended by the
Bruce Monroe Disposition Approval Resolution
of 2016 and following extensions, as required
under D.C. Official
Code§ 10-801(d).
I look forward to your prompt and favorable consideration
of this resolution. In order to facilitate
a response to any questions you may have, please have your staff contact Keith Anderson,
Interim Deputy Mayor for Planning and Economic Development, at 202-727-6365.
Sincerely, Maurice D. Edington, Ph.D.
President
November 14, 2023
The Honorable Phil Mendelson, Chairman
Council
of the District of Columbia
1350 Pennsylvania Avenue, NW, Suite 504
Washington, DC 20004
Dear Chainnan Mendelson:
In accordance with the provisions
of D.C. Code §§ 1-611.05, 1-611.11 and 1-608.58, I am forwarding to you a
proposed compensation resolution for introduction and approval by the Council
of the District of Columbia. The
resolution is
as follows:
"University
of the District of Columbia Revised Compensation Scale For UDC
Undergraduate And Graduate Students Approval Resolution
of 2023"
The proposed resolution would approve wage increases for all graduate and undergraduate students employed by
the University
of the District of Columbia. The sources of funds for the student wages are institutional and federal
grants.
Considering the significance
of this action to our students, I respectfully request that the Council affinnatively
approve expeditiously the "University
of The District of Columbia Revised Compensation Scale for UDC
Undergraduate and Graduate Students Approval Resolution of2023."
If you have questions, please contact me at 202-274-5100. Thank you for your consideration.
Sincerely,
Jlt_.
Maurice D. Edington, Ph.D.
ASPIRE. ACCOMPLISH. TAKE ON THE WORLD.
4200 Connecticut Avenue, NW -Washington, Distri ct of Columbia 20008
Phone:
202.274.6016 • www.udc.edu • Facsimile: 202.274.5304 1
2
3
4
5
6
7 AN ACT
8
9
10
~
at the request of the Mayor
11 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
12
13
14
15 To amend An Act Authorizing the sale of certain real estate in the District of
16 Columbia no longer required for public purposes to extend the time limit for the
17 disposition of certain District-owned real property located at 3012 Georgia A venue,
18 N. W., known for tax and assessment purposes as Lot 0849 in Square 2890, comprising a
19 portion of the site of the former Bruce Monroe School.
20
21
22 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA,
23 That this act may be cited as the "Bruce Monroe Extension of Disposition Authority
24 Amendment Act
of 2023."
25 Sec. 2. Section l(d-8) of An Act Authorizing the sale of certain real estate in the
26 District
of Columbia no longer required for public purposes, approved August 5, 1939
27 (53 Stat. 1211; D.
C. Official Code§ 10-801(d-8), is amended to read as follows:
28 "( d-
8) Notwithstanding subsection ( d) of this section, the time period within
29 which the Mayor may dispose
of a portion of the District-owned real property located at
30 3012 Georgia Avenue, N.W., known for tax and assessment purposes
as Lot 0849 in
31 Square 2890, for a mixed-use development that provides affordable housing, residential
32 market-rate housing, commercial or community amenity space, and any ancillary uses
33 allowed under applicable law, pursuant to the Bruce Monroe Disposition Approval
34 Resolution
of 2016, effective December 20, 2016 (Res. 21-721; 64 DCR 10453), as 35 extended by the Bruce Monroe Disposition Extension Resolution of 2018, effective
36 November
13, 2018 (Res. 22-643; 65 DCR 13002), and as further extended by the Bruce
3 7 Monroe Extension
of Disposition Authority Amendment Act of 2020, effective March
38 16, 2021 (D.C. Law 23-0248; D.
C. Official Code§ 10-801(d-8)), is extended to
39 December 20, 2026.".
40 Sec. 3. Applicability.
41 This act shall apply as of December 20, 2023.
42 Sec. 4. Fiscal impact statement.
43 The Council adopts the fiscal impact statement in the committee report as the
44 fiscal impact statement required by section 4a
of the General Legislative Procedures Act
45 of 1975, approved October 16, 2006 (120 Stat. 2038; D. C. Official Code§ 1-301.47a).
46 Sec.
5. Effective date.
4 7 This act shall take effect following approval by the Mayor ( or
in the event of veto
48 by the Mayor, action by the Council to override the veto), a 30-day period
of
49 congressional review as provided in section 602( c )(1) of the District of Columbia Home
50 Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official
Code§ 1-
51 206.02( c )(1 )), and publication in the District of Columbia Register.
2 Glen Lee
Chief Financial Officer
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
REFERENCE:
Conclusion
Government of the District of Columbia
Office
of the Chief Financial Officer
* * *
The Honorable Phil Mendelson
Chairman, Council
of the District of Columbia
~~~=f ~~:ancial Officerft /IA e__
August 29, 2023
Fiscal Impact Statement -Bruce Monroe Extension of Disposition
Authority Amendment Act of 2023
Draft Bill as provided to the Office of Revenue Analysis on August 10,
2023
Funds are sufficient in the fiscal year 2024 through fiscal year 2027 budget and financial plan to
implement the bill.
Background
The Mayor may dispose of District-owned property provided it is no longer needed for public
purposes, with Council approval of a resolution determining
that the property is no longer needed
and a resolution permitting the disposal of the property. In 2016, the Bruce Monroe Disposition
Approval Resolution
of 2016 was passed allowing the Mayor to dispose of District-owned property
located at 3012 Georgia Avenue, NW (known as Lot 0849 in Square 2980 for tax purposes).
The District plans to transfer
the property to Park View Community Partners (the developer) which
will build a mixed-use development consisting ofresidential units (including affordable housing) and
commercial
or community amenity space.
The disposition authority has been extended twice in
the Bruce Monroe Disposition Extension
Approval Resolution of 2018, effective November 13, 2018, and
the Bruce Monroe Extension of
Disposition Authority Amendment Act of 2020, effective March 16, 2021.
1 Presently the disposition
authority expires on December 20, 2023.
1
D.C. Resolution 22-643 and, D.C. Law 23-248.
1350 Pennsylvania Avenue, NW, Suite 203, Washington, DC 20004 (202)727-2476
www.cfo.dc.gov The Honorable Phil Mendelson
FIS: "Bruce Monroe Extension of Disposition Authority Amendment Act of 2023," Draft bill as provided to the
Office of Revenue Analysis on August 10, 2023.
This legislation would further extend the disposition authority for the Property by three years to
December 20, 2026. The Zoning Commission
most recently reapproved a Planning Use Development
for
the project on May 6, 2022 (upon remand from the D.C. Court of Appeals).
2 Petitioners filed an
appeal
of the order with the Court of Appeals, and as of August 202 3 a hearing date had not yet been
set. The schedule for disposition of the property will depend on the hearing timeframe and any
further legal action.
Financial Plan Impact
There is no impact on the fiscal year 2024 through fiscal year 2027 budget and financial plan to
implement the bill.
Under a Land Disposition
and Development Agreement executed between the developer and the
District, the District will contribute toward the development costs. The fiscal year 2024 through
fiscal year 2029 Capital Improvements Plan includes $25 million in the Office of the Deputy Mayor
for Public
and Economic Development (DMPED) to be transferred to the developer in fiscal year 2025
to
support construction of the 273-unit project.
3
2 Z.C. Order No. 16-11(2), Zoning Case Search (de.gov).
3 Capital Appendices Report (with Related Projects)-DIFS Vl (de.gov)
Page 2 of 2 GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of the Attorney General
***
--
BRIAN L. SCHWALB
ATTORNEY GENERAL
Legal Counsel Division
Memorandum
TO:
FROM:
DATE:
RE:
Tommy Wells
Director
Office
of Policy and Legislative Affairs
Megan
D. Browder
Deputy Attorney General
Legal Counsel Division
August 17, 2023
Legal Sufficiency Certification -Bruce Monroe Extension
of Disposition
Authority Amendment Act
of 2023"
(AE-23-657)
This is to Certify that this Office has reviewed the above
referenced
draft legislation and found it to be legally sufficient. If you have any questions
in this regard, please do not hesitate to call me
at (202) 724-5524.
ft1_errlP!Je
Megan D. Browder
1350 Pe nnsylvania Avenue, N.W., Suite 409, Washington, D.C. 20004 Phone (202) 724-5524 Ema il: rnegan.browder@dc.gov * * *
GOVERNMENT OF THE DISTRICT OF COLUMBIA
Executive Office
of the Mayor
* * *
WE ARE
WASHINGTON
Office of the Deputy Mayor for Planning and Economic Development oc
Status Report on the Disposition of Bruce Monroe
This status report is prepared and submitted in support of the "Bruce Monroe Extension of Disposition
Authority Act
of 2023."
The Mayor has determined that the property located at 3012 Georgia Avenue, N.W., known for tax and
assessment purposes
as Lot 0849 in Square 2890 ("Property"), cannot be disposed of within the disposition
authority provided pursuant to the "Bruce Monroe Disposition Approval Resolution
of 2016," effective
December 20, 2016 (D.C. Resolution R21-721; 64 DCR 10453),
as extended by the "Bruce Monroe
Disposition Extension Approval Resolution
of 2018," effective November 13, 2018 (D.C. Resolution R22-
643;
65 DCR 13002), and as further extended by the Bruce Monroe Extension of Disposition Authority
Amendment Act
of 2020, effective March 16, 2021 (D.C. Law 23-0248; D.C. Official Code§ 10-801(d-8).
The Mayor has requested that the disposition authority for the Property be extended by three years
to
December 20, 2026.
1. Schedule of Project Milestones
To date, the selected development team Park View Community Partners LLC, comprised of The
Community Builders, Inc. and Dantes Partners, LLC, (collectively the "Developer"), has worked diligently
to meet all deadlines set forth in the schedule of performance of the Land Disposition and Disposition
Agreement ("LDDA"), which was executed with the District on September 13, 2017.
The Developer has completed the following milestones in the design and pre-construction phases, that were
included
in the LDDA Schedule of Performance:
Milestone
Submit Design Development Plans for
both Phases to District for approval
Submit Construction Plans &
Specifications for both Phases
to
District for approval
Commencement
of Construction
Phase 1 & Phase 2
Substantial Completion
Final Completion
Completion Timeline per LDDA
Completed pre-execution
Not more than 150 days after LDDA
execution
Not more than 30 days after Closing
Not more than 24 months days after
Commencement
of Construction
Not more than
28 months after
Commencement
of Construction
KEITH A. ANDERSON
INTERIM DEPUTY MAYOR
Completion Date
May 13, 2016
February
13, 2018
TBD
TBD
TBD
1350 Pennsylvania Avenue, N.W., Suite 317 • Washington, D.C. 20004 • T (202) 727-6365 • F (202) 727-6703 • dmped.dc.gov 2. Project Status Report
The Developer has diligently worked on predevelopment activities on Bruce Monroe, which is a New
Communities Initiative development. Once completed, the development will include 273 residential units,
including
201 affordable units (90 replacement units for households earning at or below 50% of the Area
Median Income ("AMI") and
ill units for households earning at or below 60% AMI , 72 market rate units
and 4,500 square feet
of ground floor community serving retail space (the "Project").
On March 29, 2017, the District entered into a pre-development loan agreement with the Developer for
$984,000, and on January
5, 2018, the loan amount was amended to an increased aggregate sum of $5
million. The pre-development loan was intended to advance the entire Park Morton development. To date,
the Developer has advanced the plans to the construction development ("CD") phase (approximately
50%
CD).
The Zoning Commission conducted public hearings for the Project in the District, Z.
C. Case No. 16-11 in
December 2016 and January 2017. The Final Order approving the PUD was published in the D. C. Register
on April 28, 2017. On May 30, 2017, neighbors surrounding the development filed an appeal of the PUD
with the DC Court
of Appeals (the "Court"). On June 25, 2020, the court vacated the PUD order and
remanded it back to the Zoning Commission for review. On June 29, 2020, the Zoning Commission voted
to allow the parties
to submit responses to the Court's ruling by August 6, 2020. The responses were limited
to the seven issues that the Court directed the Zoning Commission to consider. Under the June 29, 2020,
order Construction
of the Project cannot proceed until a new PUD order is issued.
On October
19, 2021, the Zoning Commission held a limited scope hearing to address the seven issues set
forth by the Court. On November
18, 2021, the Zoning Commission approved the new PUD orde r.
Petitioners filed an appeal of the ruling on August 8, 2022. On February 28, 2023, the Court denied the
Petitioners' motion for a summary reversal and the Court indicated that no further motions for summary
reversal or extensions should be filed. After the Court denied Petitioners' motion for summary reversal,
the individual petitioners filed their briefs
as a group to the Court of Appeals. The District Office of the
Attorney General and the Developer filed responsive briefs on May 24, 2023. The Developer is awaiting
confirmation
of a court date for oral arguments before the Court of Appeals.
3. Activities Required Prior to Disposition
The delays in this matter were not caused by the Developer; it and the District are harmed by the delays of
the planned development of affordable and market rate housing at this site. The Developer's timeline to
closing on the Project will be determined by the Zoning Commission's ruling following the Court's
decision.
KEITH A. ANDERSON
INTERIM DEPUTY MAYOR
1350 Pennsylvania Avenue, N.W., Suite 317 • Washington, D.C. 20004 • T (202) 727-6365 • F (202) 727-6703 • dmped.dc.gov