MURIELBOWSER
Mayor
May20,2024
TheHonorablePhilMendelson
Chairman,CounciloftheDistrictofColumbia
JohnA.WilsonBuilding
1350PennsylvaniaAvenue,NW,Suite504
Washington,DC20004
DearChairmanMendelson:
EnclosedfortheconsiderationoftheCounciloftheDistrictofColumbiaislegislationentitled
“RemovaloftheHighwayPlanandBuildingRestrictionLinefromLot9inSquare5914along
thewestsideofCongressStreet,S.E.,S.0.22-01642,Resolutionof2023”.
ThepurposeofthisapplicationistoremovetheBuildingRestrictionLine(BRL)fromLot9in
Square5914alongthewestsideofCongressStreet,S.E.,andtoamendthePlanofthe
PermanentSystemofHighwaysoftheDistrictofColumbia(the“HighwayPlan”)toreducethe
widthofCongressStreet,S.E.,bythesame15-footdistanceregulatedbytheBRL.Thisremoval
willallowforthedevelopmentofamid-rise,mixed-usebuildingwithapproximately180
residentialunitscomprisingofefficiency,1,2,and3bedroomrentalaffordablehousingunits
withgroundflooraccessiblecommercialandretailspaceandapproximately43parkingspacesin
SoutheastWashingtonD.C.
PursuanttoD.C.OfficialCode§9-202.02(3)theapplicationwasreferredtotheNationalCaptial
PlanningCommisission(“NCPC”).InaletterdatedMarch30,2022,totheSurveyor,NCPC
statedthattheproposedprojectwasexemptfromNCPCreview.
PursuanttoD.C.OfficialCode§9-202.02(4)theapplicationwasreferredtotheHistoric
PreservationReviewBoard(“HPRB”).InaletterdatedMay17,2022,totheSurveyor,HPRB
statedthatithadnocommentontheproposedremovaloftheBRLsinceitdoesnotinvolvethe
closureofaL’EnfantStreet.However,theyHPRBnotedthatthe“MalcolmXDevelopment
Project”willrequirefurtherreviewinaccordancewiththeDCHistoricLandmarkandHistoric
DistrictProtectionAct.
PursuanttoD.C.OfficialCode§9-202.02(5)theapplicationwasreferredtoAdvisory
NeighborhoodCommittee(“ANC”)8E.InaletterdatedJune17,2022,totheSurveyor,ANC8E.
statedsupportfortheremovalofthebuildingrestrictionlinetoallowfortheconstructionofthe
180affordableunitbuilding. TurgetheCounciltotakepromptandfavorableactionontheenclosedlegislation.Ifyouhave
anyquestions,pleasecontactBrianHanlon,ActingDirector,DepartmentofBuildings,at
brian.hanlon@de,govor(202)442-8935.
Sincerely,
irielBowser
Josures
egalSufficiencyMemo
-InitialApplication—December17,2021-CongressandSavannahStBRL
removalAgencyResponses
-DHCD~March3,2022,letterinsupportofCongress&SavannahStBRLremoval
-DPW-March21,2022,letterofnoobjectiontoCongress&SavannahStBRLremoval
-DDOT—April11,2022,reportinsupportoftheCongressStBRLremovalbutobjectingto
theSavannahStBRLremoval
-FEMS~May13,2022,letterofnoobjectiontoCongress&SavannahStBRLremoval
-HPO—May17,2022,letterofexemptionforCongress&SavannahStBRLremoval
~ANC8E~June17,2022,letterinsupportofCongress&SavannahStBRLremoval
-OP~December14,2022,reportinsupportofCongress&SavannahStBRLremoval
-NCPC-March30,2022,letterofexemptionforCongress&SavannahStBRL.
removalUtilityResponses
-DCWater~March14,2022,letterofnoobjectiontoCongress&SavannahStBRLremoval
~Pepco—March22,2022,letterofnoobjectiontoCongress&SavannahStBRLremoval
~WashingtonGas—June14,2022,letterofnoobjectiontoCongress&SavannahSt
BRLremoval
-VerizonMarch4,2022,letterofnoobjectiontoCongress&SavannahStBRLremoval
~RevisedApplication—February9,2023—CongressStBRLremovaland
correspondingreductioninHighwayPlanwidthofCongressSt
~Surveyor—HighwayPlanStreetExtension4,Sheet19
-DDOT—January18,2023,supplementalreportinsupportofCongressStBRLremoval
andcorrespondingreductioninHighwayPlanwidthofCongressSt
~Surveyor-January31,2023,statementofownershipofLot9inSquare5914
-Surveyor~February14,2023,draftplatofCongressStBRLremovaland
correspondingreductionoftheHighwayPlanwidthofCongressSt
-OCFO~April3,2023,FiscalImpactStatementfor$.0.22-0164[sic]-sufficientfunds
forFY23andFY24-27
-NCPC—July11,2023,letterofexemptionforCongressStBRLremovaland
correspondingreductionoftheHighwayPlanwidthofCongressSt
-DraftBill-RemovaloftheHighwayPlanandBuildingRestrictionLinefromthewestside
ofCongressStreet,S.E.,onLot9inSquare5914,S.O.22-01642,Resolutionof2023
1
2
3
4
5
6
7
8
9
A BILL
~
at the request of the Mayor
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 displacemen t 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<l c'1a:.lc.>!.br!d:.l:.l<ldct1'/
Signatw-e
Note: This form must be completed, signed and submitted with the application.
TO REPORT WASTE, FRAUD OR ABUSE BY ANY DC GOVERNMENT OFFICE OR OFFICIAL,
CALL THE INSPECTOR GENERAL AT 1-800-521-1639
Revised: 1/23/2018
You created this PDF from an application that is not licensed to print to novaPDF printer (http://www. novapdf.com) December 17, 2021
Re: Purpose of Building Restriction Line for eastern portion of Lot 806 in Square 5914
To Whom it May Concern:
The District, through the Office of the Deputy Mayor for Planning and Economic Development
(“DMPED”) released a Request for Proposals (“RFP”) for a portion of Lot 0806 in Square 5914,
a parcel of land located at 1351 Alabama Avenue SE. The project was awarded to Congress Park
Community Partners LLC (“Developer”), a joint venture by and among special purpose entities
affiliated with Banneker Communities, L.L.C; District Development Group (an LLC); Congress
Heights Community Training and Development Corporation (“CHCTDC”); JLDC, LLC;
MDDC, Excel LLC; and Malcolm X Community Partners (an LLC).
The proposed Development Plan includes a 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.
To delivery this 100% affordable housing to the community, the building will extend past the
existing building restriction line. The purpose of the building restriction line elimination request
is to allow for the 100% affordable 180- unit building to be built on this plot, per the below
concept plan.
- ----- = Building Restriction Line
Sincerely,
Sarina Accime
Development Manager
Deputy Mayor for Planning and Economic Development
VIA E
MAIL
February 9, 2023
Mr.Joseph E. Snider
Surveyor, D.C. – Office of the Surveyor
The Department of Buildings
1100 4
th
Street, SW
Washington, DC 20024
Re: Malcolm X Disposition - Building Restriction Line Removal Application
Surveyor’s Office File No. 22-01642
Dear Mr. Snider,
Regarding Building Restriction Line (BRL) Removal Application, Surveyor File No. 22-01642 dated 12/17/2021
please:
1. Substitute the original sketch with the attached sketch that shows the Savannah Street BRL remaining, and
only the Congress Street BRL removed;
2. Introduce the application to the Council of the District of Columbia as a resolution; and
3. Substitute the Applicant / Agent on behalf of DMPED from Sarina Accime, as Ms. Accime no longer works for
DMPED, to me. My contact information is:
Stacy L. Meyer, Development Manager
Government of the District of Columbia
Office of the Deputy Mayor for Planning & Economic Development
1350 Pennsylvania Avenue, NW, Suite 317 | Washington, DC 20004
Fax 202.727.6703 | Phone 202.322.0734 | stacy.meyer@dc.gov
Thank you,
Sincerely yours,
Stacy Meyer
Enclosure(s)
Cc: Esther Ezra, Deputy Director of Real Estate, DMPED
Sarosh Oldwapala, Director of Real Estate, DMPED
June 17, 2022
Diana Dorsey Hill, Program Specialist
Department of Consumer and Regulatory Affairs
Permit Operations Division
Office of the Surveyor
Via Email: Diana.Dorsey@dc.gov
Re: Congress Park Community Partners, LLC
Removal of the Building Restriction Line
Dear Ms. Dorsey:
We are in receipt of the documentation regarding the removal of the building restriction line for
the property located at 1351 Alabama Avenue, SE, Washington, DC. It is our understanding that
the Development Plan by Congress Park Community Partners LLC for the construction of the 180
affordable units extends past the existing building restriction line but that this extension is to
allow for more multi- family affordable housing units to be included in the plan.
The ANC supports the removal of the building restriction line to allow for the 100% affordable
180-unit building to be built on the parcel of land located at 1351 Alabama Avenue, SE.
Respectfully,
Advisory Neighborhood Commission 8E
Chair Brittany Cummings, 8E06
Vice Chair Shekita McBroom, 8E01
Treasurer Shaquan Hudson, 8E05
Secretary LaQueda Tate, 8E03
Commissioner Cheryl Moore, 8E02
Commissioner Kendall Simmons, 8E04
Commissioner Jeannina Williams, 8E07
Government of the District of Columbia
Department of Consumer and Regulatory Affairs
Permit Operations Division
Office of the Surveyor
File No. S.O. 22-01642 Date: June 30, 2023
TO: Kendall Simmons, Commissioner
Advisory Neighborhood Commission 8E04
Sent via email: 8E04@anc.dc.gov
SUBJECT: Proposed Building Restriction Line and Highway Plan Eliminated in
Square 5914, Lot 9 – S.O. 22-01642
This is referred to the Advisory Neighborhood Commission (ANC) for review
pursuant to § 9-202.02(5) of the District of Columbia Official Code. Please feel free
to contact the applicant directly for further information related to the planned use of
the proposal.
Please provide your comments within 30-day from the date of this letter. If you
wish to contact the Office of the Surveyor, please call Diana Dorsey Hill, Program
Specialist at (202) 718-8166.
If the Commission wishes to comment on the proposal, please send comments via
email to diana.dorsey@dc.gov .
The comments of the ANC will be forwarded to the Council of the District of
Columbia. If more time is needed to review this proposal, please inform the
Surveyor’s Office so we can make note of the time extension in the file.
Sincerely,
Joseph E. Snider
Deputy D.C. Surveyor
Attachments
401 9
th Street, NW North Lobby, Suite 500 Washington, DC 20004 Tel 202.482.7200 Fax 202.482.7272 www.ncpc.gov
IN REPLY REFER TO:
NCPC File No. 8354
March 30, 2022
Joseph Snider
District of Columbia Department of Consumer and Regulatory Affairs, Office of the Surveyor
1100 4th Street, SW
Washington, DC 20024
Re: 8354 (Proposed Elimination of a Building Restriction Line in Square 5914 - S.O. 22-01642)
Dear Mr. Snider:
The purpose of this letter is to respond to the above-mentioned project submitted to the National Capital
Planning Commission (NCPC) for review, in accordance with DC Code § 9-202.02.
Upon review of the project documents, NCPC staff has determined that the proposed project falls under an
exception listed in Chapter 8 (Exceptions and Project Changes) of NCPC’s submission guidelines. In
particular, the project meets the requirements of exception 8, which include the street or alley closings
located outside the boundary of the L’Enfant City under the following conditions: 1) the street or alley is
not adjacent to federal property; 2) the street or alley does not provide access to a federal property or affect
other federal interests. The proposed removal of the building restriction line would not impact any federal
properties nor any identified federal interests. Further, the project was also made available for public review
on the NCPC website and no comments were received. Accordingly, staff has determined that this project
is exempt from Commission review.
This determination applies only to the project listed above. Determinations to whether a particular project
falls within one of the Commission’s exceptions are done on a case-by-case basis, either during early
consultation or upon request for review. Please note that the applicant cannot make this determination
independently and must submit projects to NCPC to confirm that an exception is warranted.
If you have any questions or need additional information, please contact Matthew Flis at (202) 482-7236
or matthew.flis@ncpc.gov.
Sincerely,
Diane Sullivan
Director, Urban Design and Plan Review Government of the District of Columbia
Department of Transportation
d. Planning and Sustainability Division
MEMORANDUM
TO: Joseph Snider
DC Surveyor
Office of the Surveyor, DCRA
FROM: Anna Chamberlin, AICP
Associate Director
DATE: April 11, 2022
SUBJECT: S.O. No. 22-01642 – Elimination of Building Restriction Line in Square 5914 (Congress Street SE)
The District Department of Transportation (DDOT) has reviewed the submitted materials for the proposed
action. This memorandum provides DDOT’s assessment of the proposal.
OVERVIEW
The Office of the Deputy Mayor for Planning and Economic Development (DMPED) and its development partner,
Congress Heights Community Partners, LCC, (collectively the “Applicant”) seek to remove an existing 15-foot
Building Restriction Line (BRL) along Congress Street and short segment that wraps around the corner onto
Savannah Street SE (Square 5914, Lot 9). This action will facilitate a mixed-use residential development on Lot 9.
The District solicited a proposal through the DMPED RFP process to redevelop the site with 180 affordable
dwelling units and 9,500 SF of ground-floor retail, an early learning center, and office space. The 1.06-acre site
(Lot 9) is located at 1351 Alabama Avenue SE and bounded by Alabama Avenue SE to the north, Congress Street
SE to the east, Savannah Street SE to the south, and a Malcolm X Elementary School building to the west.
OPERATIONS
The site currently contains two (2) 15-foot BRLs that begin on Savannah Street SE and run northward 165 feet on
Congress Street SE. The Applicant proposes to remove the portion of both 15-foot BRLs on Lot 9 to facilitate a
pedestrian-oriented development and shift the buildings closer to the street. The BRL along Savannah Street on
the adjacent Lot 10 is not proposed to be eliminated. The proposed BRL removal is shown in Figure 1 below.
Figure 1 | Draft Plat
District Department of Transportation | 250 M Street SE, Washington, DC 20003 | 202.673.6813 | ddot.dc.gov S.O. No. 22-01642 – Elimination of Building Restriction Line in Square 5914 (Congress Street SE)
Source: Office of the Surveyor, submitted by the Applicant with this application
DEVELOPMENT PROPOSAL
In 2020, the Applicant went through the DMPED Request for Proposals (RFP) process to solicit redevelopment
proposals of this site at 1351 Alabama Avenue SE. DMPED selected the Applicant to redevelop the site with 180
affordable housing units and 9,500 of ground-floor retail, an early learning center, and office space. The
Applicant subsequently received approval by the Zoning Commission for a Map Amendment in February 2022
(ZC 21-17) to rezone the site from RA-1 to MU-8. To facilitate their development proposal, the Applicant
requests the removal of the 15-foot BRLs on Lot 9 given the unique shape of the site and the constricted width
of property at the corner of Congress Street SE and Savannah Street SE. There are no formal plans yet available
for the development on this site, but from preliminary graphics shown to DDOT, it is anticipated the southern-
most portion of the site will be reserved for outdoor play space, while the northern 2/3 of the site would contain
the proposed building.
RECOMMENDATION
DDOT has reviewed the application materials and supports the request to remove the BRL along Congress Street
and objects to the request to remove the BRL along Savannah Street.
Regarding the BRL along the west side of Congress Street SE, DDOT has determined that there is no longer a
transportation need for a BRL. DDOT supports this elimination for several reasons:
• The BRL along the west side of Congress Street exists for only ½ of a block according to the Surveyors
Plat (Figure 1) and DC Atlas Plus. Removal of this BRL would eliminate this inconsistency on the block;
3 Regarding the short segment (~13.5 feet) of BRL proposed to be eliminated along Savannah Street SE on Lot 9,
area along Savannah Street is intended to serve as “public parking” and should remain green space with
S.O. No. 22-01642 – Elimination of Building Restriction Line in Square 5914 (Congress Street SE)
• The curbs and sidewalks on Congress Street are currently constructed in their ultimate locations. Neither
are not envisioned to be widened further into the building restriction area. With the elimination of the
BRL, there will still be several feet available within the DDOT right-of-way for additional green space or
pedestrian space;
• Elimination of the BRL will allow for a building to be constructed 15 feet closer to the sidewalk on
Congress Street which will maximize the amount of new housing created on this constrained site. The
residents of these units will further support adjacent transit services (the Congress Heights Metrorail
Station is 1 block to the west). It will also allow for a tighter urban design with the new building that
better interacts with the sidewalk space.
The DC Office of Planning (OP) has brought to DDOT’s attention that there are other historical Surveyors Plats
conflicting with Figure 1 that show the existing BRL extended northward all the way to Alabama Avenue SE. If it
is ultimately determined by the Office of the Surveyor that the BRL on the west side of Congress Street spans the
entire length from Savannah Street to Alabama Avenue, DDOT would still support elimination of the BRL as
requested in this application for the reasons noted above.
remain along Lot 10 and continue uninterrupted to the west all the way to 13
th
Street SE. The building restriction
AC:kv
3
DDOT objects to its removal. This BRL on Savannah Street should remain fully in effect consistent with the BRL to
landscaping to the greatest extent possible. Government of the District of Columbia
Department of Transportation
d. Planning and Sustainability Division
MEMORANDUM
TO: Joseph Snider
DC Surveyor
Office of the Surveyor
FROM: Anna Chamberlin
Associate Director
DATE: January 18, 2023
SUBJECT: S.O. No. 22‐01642 – Elimination of BRL and Highway Plan Designation on Congress Street SE
DDOT Supplemental Report
OVERVIEW
This memorandum is intended to serve as a supplement to the District Department of Transportation’s (DDOT)
April 11, 2022 report to the Office of the Surveyor regarding the proposed elimination of Building Restriction
Lines (BRL) on Congress Street and Savannah Street SE to facilitate the redevelopment of Square 5914, Lot 9. In
that report, DDOT supported the BRL elimination on Congress Street but opposed it on Savannah Street.
The application has since been revised to 1) remove the elimination of the BRL on Savannah Street, 2) include
the extension of the BRL on Savannah Street eastward to the property line on Congress Street, and 3) include
the elimination of a segment of Congress Street from the Permanent System of Highways of the District of
Columbia (DC Highway Plan). Figure 1 at the end of this report shows the revised requests.
RECOMMENDATION
DDOT continues to support the elimination of the BRL on Congress Street SE, as well as the new accompanying
request to extend the BRL eastward on Savannah Street which will close the remaining gap left over. DDOT
requests a note be added to the plat clarifying that the BRL is being extended (see red circle in Figure 1 below).
Regarding the elimination of the DC Highway Plan line along the west side of Congress Street, it is DDOT’s
understanding that this action is intended to ‘clean‐up’ the plat and remove the designation from the property
that was supposed to occur when Lots 9 and 10 were originally recorded. DDOT has no objection to the
elimination of the Highway Plan line from Lot 9.
District Department of Transportation | 250 M Street SE, Washington, DC 20003 | 202.673.6813 | ddot.dc.gov S.O. No. 22‐01642 – DDOT Supplemental Report
Figure 1 | Revised Plat
Source: Office of the Surveyor
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GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
MEMORANDUM
W*
E:*
ARE*
:
Ee
TO: Roland F. Dreist, Jr.
Surveyor of the District of Columbia
FROM: Paul Walker
Architect (Construction Inspector)
DATE: March 3, 2022
SUBJECT: Department of Housing and Community Development Review comments on
Proposed of Restriction Line for eastern portion of Lot 0806 in Square 5914
File No: S.O. 22-01642
The Department of Housing and Community Development (DHCD) has reviewed the above
referenced proposed restriction line elimination in Square 5914 located at 1351 Alabama Avenue S.E
Washington, D.C. The purpose of the building restriction line elimination request is to allow for the
100% affordable 180 unit building to be built on this plot. This closing has direct effects on our DHCD
mission and
ration. DHCD support is bases upon the understanding of the information contained in the
Department of Housing and Community Development
I 1800 Martin Luther King, Jr Avenue, SE, Washington, DC 20020 I 202.442 7200 I dhcd.dc.gov
application.
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 displacemen t 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<l c'1a:.lc.>!.br!d:.l:.l<ldct1'/
Signatw-e
Note: This form must be completed, signed and submitted with the application.
TO REPORT WASTE, FRAUD OR ABUSE BY ANY DC GOVERNMENT OFFICE OR OFFICIAL,
CALL THE INSPECTOR GENERAL AT 1-800-521-1639
Revised: 1/23/2018
You created this PDF from an application that is not licensed to print to novaPDF printer (http://www. novapdf.com) PORTION B
PORTION A
BRL to be
eliminated
ATTACHMENT A: SUBDIVISION PLAN
SSL: 5914, 0806 Portion B Building Line Restriction
GOVERNMENT OF THE DISTRICT OF COLUMBIA
Department of Public Works
Solid Waste Management Administration
MEMORANDUM
TO: Joseph E. Snider
Surveyor. D.C.
FROM: Anthony Duckett T.D.
Deputy Administrator, SWMA, DPW
SUBJECT: Proposed Elimination of a Building Restriction Line in Square 5914 Lot 9 –
S.O. -22-01642
Date: March 21, 2022
The proposed elimination of a building line in Square 5914 Lot 9– S.O. 22-01642
The Department has reviewed the proposed elimination and at this time, we have no objection to the
proposal in Square 5914 Lot 9– S.O. 22- 01642
If you have any questions, please call me at 202- 359-5747.
1831 Fenwick St. NE Washington DC 20002 202-359-5747
PURSUANT TO D.C. CODE 9-101.06. 9-101.12 AND LAW , APPROVED
BUILDING RESTRICTION LINE TO BE ELIMINATED
AND HIGHWAY PLAN TO BE ELIMINATED
SQUARE 5914 LOT 9
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BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, THE PROPOSED HIGHWAY PLAN SHOWN THUS: E=l
IS HEREBY ELIMINATED FROM THE PERMANENT SYSTEM OF HIGHWAYS.
NATIONAL CAPITAL PLANNING COMMISSION
WASHINGTON, D.C.
THE COMMISSION APPROVES THE MODIFICATION IN ACCORDANCE WITH SECTION 9-101.06 and 9-101.12,
OF THE CODE OF LAW FOR THE DISTRICT OF COLUMBIA.
CHAIRMAN
PURSUANT TO D.C. LAW ,EFFECTIVE
THE BUILDING RESTRICTION LINE SHOWN IS HEREBY ELIMINATED.
OFFICE OF THE SURVEYOR, D.C.
, 2022
I CERTIFY THAT THIS PLAT IS CORRECT AND IS RECORDED.
SURVEYOR, D.C.
i"
0
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.
SURVEYOR'S OFFICE, D.C.
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Made for: SARINA ACCIME
Drawn by: L.E.S. Checked by: 3 Jn
Record and computations by: B. MYERS
Recorded at:
Recorded in Book Page SR-22-01642
Scale: 1 inch= 50 feet
2022/BRL- E
LIMINATIONISR-22-01642- SQ.5914 oc
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WASMINGTON
Muriel Bowser
Mayor
Government of the District of Columbia
Fire and Emergency Medical Services Department
MEMORANDUM
John A. Donnelly, Sr.
Fire and EMS Chief
TO: Joseph E. Snider
Office of the Surveyor
FROM: Jonathan A. Davis
Battalion Fire Chief
Office of the Fire Marshal
Choose an item.
DATE: May 13, 2022
SUBJECT: S.O. 22-01642
This written correspondence is being forwarded to your office to address S.O. 22-01642 -Malcolm X
project located at 1351 Alabama Ave SE, Square 5914 Lot 0806.
DCFEMS Office of the Fire Marshal has no objections.
--
Jo an A. Davis
Assistant Fire Marshal
Battalion Fire Chief - Fire Prevention
District of Columbia Fire and EMS
-----B.A.s .1.c.s-----
Frank D. Reeves Municipal Center
2000 14th Street,
NW, Suite 500
Washington, DC 20009
phone: (202) 673-3320
facsimile: (202) 462-0807
www.fems.de.qov
Glen Lee
Chief Financial Officer
Government of the District of Columbia
Office of the Chief Financial Officer
MEMORANDUM
TO: The Honorable Phil Mendelson
Chairman, Council of the District of Columbia
FROM: Glen Lee
Chief Financial Officer
DATE: April 3, 2023
SUBJECT: Fiscal Impact Statement – Proposed Building Restriction Line and
Highway Plan Elimination in Square 5914, Lot 9, S.O. 22-0164 Act of
2023
REFERENCE: Draft bill as provided to the Office of Revenue Analysis on March 7,
2023
Conclusion
Funds are sufficient in the fiscal year 2023 and proposed fiscal year 2024 through fiscal year 2027
budget and financial plan to implement the bill.
Background
The bill approves the removal of a 165-foot building restriction line and highway plan in Square 5914,
Lot 9 along a section of Congress Street, S.E.
1 to accommodate a proposed multifamily residential
building. A building restriction line typically provides for the allowance of transportation needs such
as street widening or on street parking. The District Department of Transportation has indicated
there is no longer a transportation need for the building restriction line or highway plan at the
location.
Financial Plan Impact
Funds are sufficient in the fiscal year 2023 and proposed fiscal year 2024 through fiscal year 2027
budget and financial plan to implement the bill. There are no objections from executive agencies or
utilities to the building restriction line and highway plan elimination.
1
As shown on the Surveyor’s plat filed under S.O. 22-0164.
1350 Pennsylvania Avenue, NW, Suite 203, Washington, DC 20004 (202)727-2476
www.cfo.dc.gov
MEMORANDUM
TO: Joseph E. Snider, Office of the Surveyor
SUBJECT: Proposed Elimination of the Building Restriction Line in Square 5914, Lot 9;
Malcom X Development (S.O. 22-01642)
DATE: May 17, 2022
Thank you for contacting the DC Historic Preservation Office regarding the above-referenced
proposal to eliminate the Building Restriction Line. We apologize for the delay in providing
comments. Section 9-202.02(4) of the DC Code requires the Mayor to refer applications “to close
any street located on the L’Enfant Street Plan” to the Historic Preservation Review Board (HPRB).
We have no comment on the proposed Office of the Surveyor action since it does not involve the
closure of a L’Enfant Street. However, we note that the associated “Malcom X Development
Project” will require further review by our office in accordance with Section 9b of the DC Historic
Landmark and Historic District Protection Act.
BY:
C. Andrew Lewis
Senior Historic Preservation Specialist
DC State Historic Preservation Office
22-0506 & 22-0503
1100 4
th
Street, S.W., Suite E650, Washington, D.C. 20024 Phone: 202 -442-7600 Fax: 202-442-7638
MEMORANDUM
TO: Lamont McGinnis
Legislative Affairs Specialist, Department of Building
FROM: Maximilian L.S. Tondro, Chief
Equitable Land Use Section
SUBJECT: Legal sufficiency review of a draft resolution to remove the Highway Plan and
Building Restriction Line from Lot 9 in Square 5914 along the west side of Congress
Street, S.E., as shown in the Surveyor’s plat in S.O. 22-01642
DATE: August 23, 2023
I have reviewed the attached proposed resolution entitled “Removal of the Highway Plan and Building
Restriction Line from Lot 9 in Square 5914 along the west side of Congress Street, S.E., S.O. 22-01642,
Resolution of 2023” cited above and found it to be legally sufficient.
Initial Application
The Office of the Deputy Mayor for Planning and Economic Development (“DMPED”) filed an
application on December 17, 2021, with the Office of the Surveyor of the District of Columbia (the
“Surveyor”) to remove the 15-foot building restriction line (“BRL”) on Lot 9 in Square 5914 on:
• A portion of the west side of Congress Street, S.E.; and
• A portion of the north side of Savannah Street, S.E.
Pursuant to Section 202 of the Street and Alley Closing and Acquisition Procedures Act of 1982,
effective March 10, 1983 (D.C. Official Code § 9-202.02), the Surveyor:
• Drew a plat depicting the proposed BRL removal;
• Notified the relevant District agencies, public utilities, and the National Capital Planning
Commission (“NCPC”) of the proposed BRL removal (the Surveyor did not notify owners of
abutting properties as these are owned by the District); and
• Created a file (S.O. 22-01642) for the documents relevant to this application.
All government agencies except the District Department of Transportation (“DDOT”) and all utilities
(gas, electric, and water) responded that they had no objection to the proposed BRL removal. DDOT,
however, submitted an April 11, 2022, report stating no objection to the proposed BRL removal on
Congress Street, S.E., but objecting to the proposed BRL removal on Savannah Street, S.E.
ANC 8E submitted a June 17, 2022, letter stating that the ANC supported the proposed BRL removal.
NCPC submitted a March 30, 2022, letter stating that NCPC had determined that the proposed BRL
removal is exempt from NCPC review.
400 6
th
Street NW, Suite 9100, Washington, DC 20001 (202) 727-3400 - 2 -
Revised Application
On February 9, 2023, DMPED filed a revised application that:
•Limited the proposed BRL removal to Congress Street, S.E., dropping the proposed BRL removal
along Savannah Street, S.E., due to DDOT’s opposition; and
•Proposed 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 (the attached Street Extension 4, Sheet 19 of the Highway Plan imposed a 90-
foot width for Congress Street, S.E., which was dedicated in 1949 as a 60-foot- wide street flanked
by a 15-foot BRL on each side).
DDOT submitted a January 18, 2023, supplemental report stating that it had no objection to the revised
application’s proposed removal of the Congress Street, S.E., BRL and corresponding removal of that
same 15-foot strip along Congress Street, S.E. from the Highway Plan.
Pursuant to Section 6 of “An Act to provide a permanent system of highways in that part of the District
of Columbia lying outside of cities,” approved June 28, 1898 (30 Stat. 520; D.C. Code § 9- 101.6), the
Office of the Surveyor sent notices of the revised application’s proposed removal of the Congress Street,
S.E., BRL and corresponding removal of that same 15- foot strip along Congress Street, S.E. from the
Highway Plan on June 30, 2023, to:
•NCPC;
•ANC 8E; and
•Each owner of land in the Squares 5914 and 5913, as the squares including or adjacent to the
proposed Highway Plan modification, by registered mail.
NCPC submitted a July 11, 2023, letter stating that NCPC had determined that the revised application’s
proposed removal of the Congress Street, S.E., BRL and corresponding removal of that same 15-foot strip along Congress Street, S.E. from the Highway Plan is exempt from NCPC review.
Pursuant to the request of the Surveyor, I am forwarding the legislative package to you for review by the
Mayor and submission to the Council. If you have any questions concerning the legal sufficiency of the
legislation, please contact me at 724-6657. Questions concerning the S.O. 22- 01642 file should be
directed to the Surveyor, Joseph Snider, at 442-4699.
/s/ Maximilian L.S. Tondro August 23, 2023
Assistant Attorney General
Attachments:
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 of no 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
2 - 3 -
- 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, letter of no objection to Congress & Savannah St BRL removal
- Washington Gas – June 14, 2022, letter of no objection to Congress & Savannah St BRL removal
- Verizon – March 4, 2022, letter of no 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 of Congress 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 width of Congress St
- OCFO – April 3, 2023, Fiscal Impact Statement for S.O. 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 – Removal of the Highway Plan and Building Restriction Line from the west side of
Congress Street, S.E., on Lot 9 in Square 5914, S.O. 22-01642, Resolution of 2023
cc: Megan Browder, Deputy Attorney General
Legal Counsel Division
Office of the Attorney General
Joseph Snider, Surveyor for the District of Columbia
Department of Building
3 Sincerely,
401 9
th Street, NW North Lobby, Suite 500 Washington, DC 20004 Tel 202.482.7200 Fax 202.482.7272 www.ncpc.gov
IN REPLY REFER TO:
NCPC File No. 8354
July 11, 2023
Joseph Snider
District of Columbia Department of Buildings, Office of the Surveyor
1100 4th Street, SW
Washington, DC 20024
Re: NCPC File No. 8354 (Proposed Elimination of a Building Restriction Line and Highway Plan
Amendment in Square 5914 - S.O. 22-01642)
Dear Mr. Snider:
The purpose of this letter is to respond to the above-mentioned project submitted to the National Capital
Planning Commission (NCPC) for review, in accordance with DC Code § 9-202.02 and DC Code § 9-
103.02. On March 30, 2022, NCPC determined the proposed elimination of a build restriction line qualified
for a review exception. Subsequently, on June 30, 2023, NCPC received an updated application indicating
the proposal will also require a highway plan amendment.
Upon review of the revised project documents, NCPC staff determined that the proposed project falls under
an exception listed in Chapter 8 (Exceptions and Project Changes) of NCPC’s submission guidelines. In
particular, the project meets the requirements of Exception 9, “Amendments to the Highway Plan that do
not have a negative impact on federal property and cause no environmental impacts including adverse
effects on historic properties.” The proposed highway plan amendment and removal of the building
restriction line would not impact any federal properties. The proposal also does not appear to result in
adverse effects on historic properties. As such, the previous determination remains unchanged in terms of
federal interests.
This determination applies only to the project listed above. Determinations to whether a particular project
falls within one of the Commission’s exceptions are done on a case-by- case basis, either during early
consultation or upon request for review. Please note that the applicant cannot make this determination
independently and must submit projects to NCPC to confirm that an exception is warranted.
If you have any questions or need additional information, please contact Matthew Flis at (202) 482- 7236
or matthew.flis@ncpc.gov.
Diane Sullivan
Director, Urban Design and Plan Review
MEMORANDUM
TO: Joseph E. Snider, RLS, D.C. Surveyor
Office of the Surveyor
FROM:
JL fo
J
r
ennifer Steingasser, Deputy Director, Development Review & Historic Preservation
Maxine Brown-Roberts, Development Review Specialist
DATE: December 14, 2022
SUBJECT: S.O. 22-01642 - Proposed Building Restriction Line removal along Savannah Street and
Congress Street, SE (Square 5914, Lot 9)
I. RECOMMENDATION
The Office of Planning (OP) has completed its review of the application for the requested building
restriction line (BRL) removal and has no objection to the removal along Congress Street, SE.
OP has been advised that the previous request for the removal of a small section of BRL along Savanah
Street, SE. has been removed.
II. REQUEST
To remove the building restriction line along Congress Street, SE on the property in Square 5914, Lot
9
1
, as shown in the map below.
1
In the application, the property is referred to as Square 5914 Lot 0806 Portion A. However, subsequent to this application,
L
The subject property is now Lot 9.
E650 – 1100 4
th
Street SW Washington, D.C. 20024 phone 202-442-7600, fax 202-535-2497
www.planning.dc.gov Fi
nd us on Facebook or follow us on Twitter @OPinDC S.O. 22-01642 – BRL removal along Savannah Street and Congress Street, SE
December 14, 2022 Page 2 of 3
III. SITE DESCRIPTION
Applicant:
Deputy Mayor for Planning and Economic Development
(DMPED)
Address: Portion of 1351 Alabama Avenue, SE
Legal Description: Square 5914, Lot 9
Ward / ANC: Ward 8/ ANC 8E
Zone:
MU-8B - Permit medium-density mixed-use development with a
focus on employment; be located in uptown locations, where a
large component of development will be office-retail and other
non-residential uses; and be located in or near the Central
Employment Area, on arterial streets, in uptown and regional
centers, and at rapid transit stops.
Historic District: The property is not within a historic district or within the historic
L’Enfant Plan.
Description and Size: The requested BRL to be removed extends 164.81 feet along
Congress Street, SE
Adjacent Ownership: The adjacent property to the west of the site is owned by the
District of Columbia.
Proposed Development: The proposed development would consist of 180 residential units
with 44 parking spaces, a day-care center, retail and office uses.
IV. OP ANALYSIS
a. Planning and Urban Design
The Director of the Office of Planning is required to “determine whether the proposed closing is in
compliance with the District’s planning and urban design objectives” , as per 24 DCMR 1401.2(c).
ZC Commission Approval
The Zoning Commission approved a Map Amendment (ZC 21-17)
in February 2022 to rezone the site from RA-1 to MU-8. The
proposal to remove the BLR was not a topic of discussion in that
case, but it would not be inconsistent with that zoning action.
Comprehensive Plan Generalized Future Land Use
and Policy Map Designation:
Land Use Map – Local Public Facilities (reflecting the former use)
Policy Map – Neighborhood Enhancement Area
The proposal is not inconsistent with this designation.
Small Area Plan: The Congress Heights Small Area Plan (CHSAP) study was approved by Council on November 15, 2022. The proposal would
not be inconsistent with the stated goals of this study. S.O. 22-01642 – BRL removal along Savannah Street and Congress Street, SE
December 14, 2022 Page 3 of 3
Comprehensive Plan:
The removal of the BRL would further objectives of the Land Use,
Housing and the Far Southeast/Southwest Area Element Elements
of the Comprehensive Plan, as it would open up additional land
for new housing including affordable housing, at a site that is
close to Metro and other mass transit, and close to retail, services,
and employment opportunities.
The original submission showed the BRL extending only halfway up Congress Street for a distance of
164.81 feet. However, OP has seen other historical Surveyors Plats that show the existing BRL
extending the entire length of Congress Street in this square, northward to Alabama Avenue, SE. OP
understands that the Applicant is requesting that the Congress Street BLR be removed in its entirety.
A BRL is usually provided to allow for transportation needs such as street widening, landscaping or on-
street parking. In this case, removing the BRL along Congress Street would allow for an additional 15
feet wide strip of land. This would allow for the maximization of land for a development that would
create new affordable housing close to the Congress Heights Metro Station. The removal of the BRL
would not affect the adjacent sidewalk or impede pedestrian movements along Congress Street.
Additionally, DDOT has determined that there is no longer a transportation need for the BRL along the
subject property side of Congress Street, as the curbs and sidewalks on Congress Street are currently constructed to their ultimate locations. They also do not envision any further widening into the BRL
area. OP therefore has no objection to the removal of the BRL along Congress Street.
3400 Benning Road, NE
Washington, DC 20019
202-331-6237
March 22
nd
, 2022
Mr. Joseph E. Snider
Department of Consumer & Regulatory Affairs
Office of the Surveyor for the District of Columbia
1100 4
th Street, SW, Third Floor
Washington, DC 20024
Re: Building Restriction Line Removal
S.O. 22-01642
SSL: 5914, 0806
Alabama & Congress SE
Dear Mr. Snider:
In response to your Memorandum concerning the subject proposed building restriction line
removal for square 5914, Lot 0806, S.O. 22-01642, we comment as follows:
We have reviewed the documents showing the proposed building restriction line removal for and
have determined that there are no Pepco Facilities in this area. Pepco has no objections to the
proposed removal.
Sincerely,
Derek Moody
Supervisor Designers
Phone: 202-428-1379
Email:demoody@pepco.com
Engineering and Design– DC Engineering and Design – Mont. Co. Engineering and Design – PG Co.
3400 Benning Road, NE; Bldg. #59 201 West Gude Drive 8300 Old Marlboro Pike
Washington, DC 20019-1503 Rockville, Maryland 20850 Upper Marlboro, MD 20772
Tel: 202-331-6237/Fax: 202-388-2721 Tel: 301-670-8700/Fax: 301-670-8718 Tel:301-967-5800/Fax:301-967-5830
District of Columbia Office pepco.com ALLEY AND STREET OWNERSHIP STATUS STATEMENT
Re:
Removal of the Building Restriction Line and Highway Plan in Square 5914, Lot 9 – S.O. 22-
01642
Lot 9 in Square 5914 was created by a subdivision in the records of the Office of the
Surveyor in Subdivision Book 219 on Page 112, recorded February 3, 2022.
Conclusion:
Title to the dedication has been determined to be held by the District of Columbia.
January 31, 2023
Joseph E. Snider
Surveyor, D.C.
Government of the District of Columbia
Department of Consumer and Regulatory Affairs
Permit Operations Division
Office of the Surveyor
June 30, 2023
Marcel C. Acosta, AICP, Executive Director
National Capital Planning Commission
401 9
th
Street, N.W., Suite 500
Washington, D.C.
20576
Re: S.O. 22-01642
Enclosed is the application and a print of the plat for the proposed elimination of a
building restriction line and highway plan in Square 5914, Lot 9.
This is being forwarded to the Council of the District of Columbia for legislative
action. The proposed street closing is being processed on the basis of Section
9-202.01of the D.C. Official Code. Pursuant to Section 9-202.02 of the D.C. Official
Code, the application is hereby referred to you for the recommendation of the
National Capital Planning Commission.
When you have furnished your recommendation to the Council, I would appreciate
your also sending a copy to the Office of the Surveyor.
Sincerely,
Joseph E. Snider
DC Surveyor
Enclosures
Network Engineering
OPPE MD/DC
13101 Columbia Pike, FDC 1
Floor 1
Silver Spring, MD 20904
March 4th, 2022
Mr. Joseph E. Snider
Office of the Surveyor
1100 4
th
Street SW.
Washington, D.C. 20024
RE: Proposed Elimination of a Building Restriction Line in Square 5914, Lot 9 – S.O. 22-01642
Dear Mr. Snider:
In reference to your letter dated March 3
rd
, 2022 which relates to S.O. File No. 22-01642
Location: Proposed Elimination of a Building Restriction Line in Square 5914, Lot 9
There is no Telephone plant in this area.
Verizon Washington D.C. Inc. does not object to this Proposed Elimination of a Building Restriction Line in Square 5914,
Lot 9
Very truly yours,
Kenneth Young
Engineer, Outside Plant Engineering, WSAM
GIV/Kdy
c.c. D.C.D.O.T. Underground Location Section
Area Engineer
File 6801 Industrial Road
Springfield, Virginia 22151
June 14, 2022
Mr. Joseph E. Snider
Office of the Surveyor
1100 4
th
Street, S.W., Room E320
Washington, D.C. 20024
Re: Proposed Elimination of Building Restriction Line – S.O. 22-01642
Square 5914, Lot 806, Portion B
Dr. Mr. Snider,
Our, consultant, EN Engineering, has reviewed the proposed elimination of a building restriction
line in the subject location detailed in the attachments to the subject application filed by Sarina Accime.
After reviewing the area, it has been determined that Washington Gas does not have active natural gas
facilities within the limits of the proposed elimination of the building restriction line. Washington Gas
approves the elimination of a building restriction line at this location.
Should you have any questions or concerns regarding these facilities, you may contact, John
Allen at:
EN Engineering (ENE)
811 Pinnacle Drive, Suite Q
Linthicum Heights, Maryland 21090
jallen@enengineering.com
Office (770)378- 0630
Sincerely,
Jonathan Honey
Washington Gas
System Replacement Engineer
JHoney@washgas.com
Office: 703-750-4732 ALABAMA AVENUE, S.E.
SAVANNAH STREET, S.E.
CONGRESS
343.22
131.14 (comp)
122.48
195.60
185.0
689.36
164.81
R=405.0
A=11.66
BUILDING
266.27 (comp)
15'
15'
15'
406.96
189.36
11.17
N 70°52'50" E
STREET, S.E.
S00°07'00"E
Δ=01°39'00"
S09°25'10"W
P.I.
P.T.
18.50
S19°07'10"E
S70°36'20"W
RESTRICTION
LINE
N03°50'00"E
N70°36'20"E
N06°42'40"E
N08°07'00"W
10
9
RESTRICTION
LINE TO BE REMOVEDBUILDING
FROM THE
HIGHWAY PLAN
ELIMINATED
FROM THE
HIGHWAY PLAN
ELIMINATED
&
RESTRICTION
LINE RETAINED
BUILDING
SURVEYOR, D.C.
, 2022
OFFICE OF THE SURVEYOR, D.C.
THE BUILDING RESTRICTION LINE SHOWN IS HEREBY ELIMINATED.
I CERTIFY THAT THIS PLAT IS CORRECT AND IS RECORDED.
Recorded at:
Recorded in Book Page SR-22-01642
Scale: 1 inch = 50 feet
SURVEYOR'S OFFICE, D.C.
Record and computations by: B. MYERS
Drawn by: L.E.S. Checked by:
Made for: SARINA ACCIME
2022/BRL-ELIMINATION/SR-22-01642-SQ.5914
SQUARE 5914 LOT 9
PURSUANT TO D.C. LAW ______________, EFFECTIVE _____________,
BUILDING RESTRICTION LINE TO BE ELIMINATED
AND HIGHWAY PLAN TO BE ELIMINATED
IS HEREBY ELIMINATED FROM THE PERMANENT SYSTEM OF HIGHWAYS.
PURSUANT TO D.C. CODE 9-101.06, 9-101.12 AND LAW ____________, APPROVED ____________________
BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, THE PROPOSED HIGHWAY PLAN SHOWN THUS:
NATIONAL CAPITAL PLANNING COMMISSION
WASHINGTON, D.C. _____________________
THE COMMISSION APPROVES THE MODIFICATION IN ACCORDANCE WITH SECTION 9-101.06 and 9-101.12,
OF THE CODE OF LAW FOR THE DISTRICT OF COLUMBIA.
CHAIRMAN
400 6
th
Street NW, Suite 9100, Washington, DC 20001 (202) 727-3400
MEMORANDUM
TO: Lamont McGinnis
Legislative Affairs Specialist, Department of Building
FROM: Maximilian L.S. Tondro, Chief
Equitable Land Use Section
SUBJECT: Legal sufficiency review of a draft act to remove the Building Restriction Line and
Highway Plan from Lot 9 in Square 5914 along the west side of Congress Street,
S.E., as shown in the Surveyor’s plat in S.O. 22-01642
DATE: March 12, 2024
I have reviewed the attached proposed act entitled “Removal of the Building Restriction Line and
Highway Plan from Lot 9 in Square 5914 along the west side of Congress Street, S.E., S.O. 22-01642,
Act of 2023” and the supporting documents in S.O. File 22-01642 and found it to be legally sufficient.
Initial Application
The Office of the Deputy Mayor for Planning and Economic Development (“ DMPED”) filed an
application on December 17, 2021, with the Office of the Surveyor of the District of Columbia (the
“Surveyor”) to remove the 15-foot building restriction line (“ BRL”) on Lot 9 in Square 5914 on:
• A portion of the west side of Congress Street, S.E.; and
• A portion of the north side of Savannah Street, S.E.
Pursuant to Section 202 of the Street and Alley Closing and Acquisition Procedures Act of 1982, effective March 10, 1983 (D.C. Official Code § 9-202.02), the Surveyor:
• Drew a plat depicting the proposed BRL removal;
• Notified the relevant District agencies, public utilities, and the National Capital Planning
Commission (“NCPC”) of the proposed BRL removal (the Surveyor did not notify owners of
abutting properties as these are owned by the District); and
• Created a file (S.O. 22-01642) for the documents relevant to this application.
All government agencies except the District Department of Transportation (“DDOT”) and all utilities
(gas, electric, and water) responded that they had no objection to the proposed BRL removal. DDOT,
however, submitted an April 11, 2022, report stating no objection to the proposed BRL removal on
Congress Street, S.E., but objecting to the proposed BRL removal on Savannah Street, S.E. ANC 8E submitted a June 17, 2022, letter stating that the ANC support ed the proposed BRL removal.
NCPC submitted a March 30, 2022, letter stating that NCPC had determined that the proposed BRL
removal is exempt from NCPC review.
- 2 -
2
Revised Application
On February 9, 2023, DMPED filed a revised application that:
• Limited the proposed BRL removal to Congress Street, S.E., dropping the proposed BRL removal
along Savannah Street, S.E., due to DDOT’s opposition; and
• Proposed 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 (the attached Street Extension 4, Sheet 19 of the Highway Plan imposed a 90-
foot width for Congress Street, S.E., which was dedicated in 1949 as a 60-foot- wide street flanked
by a 15-foot BRL on each side).
DDOT submitted a January 18, 2023, supplemental report stating that it had no objection to the revised
application’s proposed removal of the Congress Street, S.E., BRL and corresponding removal of that
same 15-foot strip along Congress Street, S.E. from the Highway Plan.
Pursuant to Section 6 of “An Act to provide a permanent system of highways in that part of the District
of Columbia lying outside of cities,” approved June 28, 1898 (30 Stat. 520; D.C. Code § 9-101.06) , the
Office of the Surveyor sent notices of the revised application’s proposed removal of the Congress Street,
S.E., BRL and corresponding removal of that same 15- foot strip along Congress Street, S.E. from the
Highway Plan on June 30, 2023, to:
• NCPC;
• ANC 8E; and
• Each owner of land in Squares 5914 and 5913, as the squares including or adjacent to the proposed
Highway Plan modification, by registered mail.
NCPC submitted a July 11, 2023, letter stating that NCPC had determined that the revised application’s
proposed removal of the Congress Street, S.E., BRL and corresponding removal of that same 15-foot
strip along Congress Street, S.E. from the Highway Plan is exempt from NCPC review.
Pursuant to the request of the Surveyor, I am forwarding the legislative package to you for review by the
Mayor and submission to the Council. If you have any questions concerning the legal sufficiency of the
legislation, please contact me at 724-6657. Questions concerning the S.O. 22-01642 file should be
directed to the Surveyor, Joseph Snider, at 442-4699.
/s/ Maximilian L.S. Tondro March 1 2, 2024
Assistant Attorney General
S.O File contents:
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 2 1, 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 of no 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 - 3 -
3
- NCPC – Ma rch 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, letter of no objection to Congress & Savannah St BRL removal
- Washington Gas – June 14, 2022, letter of no objection to Congress & Savannah St BRL removal
- Verizon – March 4, 2022, letter of no 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 of Congress 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 width of Congress St
- OCFO – April 3, 2023, Fiscal Impact Statement for S.O. 22-0164 [ sic] - sufficient funds for FY23
and FY24-27
- Surveyor - notice of proposed Highway Plan removal to the owners of land in Square 5913 and 5914
- 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 – Removal of the Highway Plan and Building Restriction Line from the west side of
Congress Street, S.E., on Lot 9 in Square 5914, S.O. 22-01642, Resolution of 2023
cc: Megan Browder, Deputy Attorney General
Legal Counsel Division
Office of the Attorney General
Joseph Snider, Surveyor for the District of Columbia
Department of Building