District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill PR25-0539 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	ENROLLED ORIGINAL
	1	+	1
	2	+
	3	+
	4	+	_______________________________
	5	+	Councilmember Janeese Lewis George
2	6
3	7
4	8
5	9
6		-	1
7	10
8		-	A RESOLUTION
9		-	25-377
	11	+	A PROPOSED RESOLUTION 1
	12	+	2
	13	+	____________ 3
	14	+	4
	15	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 5
	16	+	6
	17	+	_______________ 7
	18	+	8
	19	+	To declare the existence of an emergency with respect to the need to reduce the building 9
	20	+	restriction line along the southern side of Fern Street NW, on lots 847, 973, 1016 to 1033, 10
	21	+	and 1062 to 1072 in Square 2950 from 15 feet to 9.5 feet. 11
	22	+	RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 12
	23	+	resolution may be cited as the “Adjustment of Building Restriction Line in Square 2950 along 13
	24	+	the southern side of Fern Street NW, S.R. 23-06301 Emergency Declaration Resolution of 14
	25	+	2023”. 15
	26	+	Sec. 2. (a) The redevelopment of the former Walter Reed Army Medical Center campus, 16
	27	+	the Parks at Walter Reed, includes the development of 141 townhomes and stacked townhome 17
	28	+	flats fronting on the south side of Fern Street NW on Parcels A-G of the Master Plan called 18
	29	+	Veranda at the Parks. 19
	30	+	(b) The Project has been fully designed and infrastructure serving the townhomes has 20
	31	+	been installed in reliance with the understanding that there is no Building Restriction Line along 21
	32	+	the south side of Fern Street. 22 2
10	33
11		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
	34	+	(c) There is no BRL shown in the District’s survey database on SurDocs and there is no 23
	35	+	shown in the ALTA survey prepared for the District in December 2014. The homes, as currently 24
	36	+	designed, extend five feet beyond the BRL in question and feature porches which extend an 25
	37	+	additional five feet beyond the BRL in question and feature porches which extend an additional 26
	38	+	five feet six inches. They cannot be constructed as designed and approved by HPRB and ANC 27
	39	+	4A without removal or the reduction of the BRL to 9.5’. 28
	40	+	(d) The Project design received unanimous approval from the Historic Preservation 29
	41	+	Review Board on February 24, 2022 after a months-long community engagement process that 30
	42	+	resulted in revisions to the plans prior to approval. The front yards and front porches along Fern 31
	43	+	Street were key design elements including a few follow up revisions that were addressed in the 32
	44	+	March 2022 HPRB resubmission package. 33
	45	+	(e) Phase I of the land development, which accounts for 38% of all units, has been 34
	46	+	completed by the Master Developer on the basis of plans there were permitted and approved by 35
	47	+	the Department of Buildings, Department of Energy and Environment, DC Water, Pepco, and 36
	48	+	Washington Gas. The site has been graded and new facilities have been installed over the past 37
	49	+	year at a substantial investment. 38
	50	+	(f) In parallel to the land development work being completed by Master Developer, Toll 39
	51	+	Brothers, has advanced its design documents. It submitted its permit set for “Building 12” and 40
	52	+	“Building 13” to DOB, which make up two of six impacted buildings along Fern Street NW. 41
	53	+	Upon permit approval, Toll Brothers plans to commence construction this year. 42
	54	+	(g) Toll Brothers, with its civil engineer, applied for a District Department of 43
	55	+	Transportation construction permit for stairs and leadwalks in Public Space along Fern Street 44
	56	+	NW. Chris Shaheen with the Office of Planning issued the following comment: 45 3
12	57
13		-	December 5, 2023
	58	+	Office of the Surveyor records show there is a 15' building restriction line on Fern 46
	59	+	Street that is not indicated on site plans submitted with this application. Revise 47
	60	+	plans and application to include the building restriction line and include all work 48
	61	+	in this area as part of the public space permit OR provide documentation showing 49
	62	+	that the building restriction line has been removed. 50
	63	+	51
	64	+	Chris Shaheen directed Toll Brothers and the civil engineer to a survey from 1972 52
	65	+	indicating a 15’ BRL on the south side of Fern Street NW between Georgia Avenue NW and 53
	66	+	Alaska Avenue NW. 54
	67	+	(h) The Master Developer consulted with the Office of the Surveyor as to whether there 55
	68	+	was a Building Restriction Line given the ALTA survey and SURDocs maps upon which they 56
	69	+	relied did not show it.The Surveyor indicated that, in his opinion, when the District created a 57
	70	+	new parcel to convey the Walter Reed campus from the US Army to the District, the BRL was 58
	71	+	likely eliminated consistent with several other BRLs nearby. However, the documents pursuant 59
	72	+	to the parcel creation were not specific as to the elimination of the BRL. As a result, the surveyor 60
	73	+	advised that the BRL would need to be removed or reduced by the District for the project to 61
	74	+	move forward as approved. 62
	75	+	(i) Toll Brothers’ townhomes are designed such that the face of the house is ten feet back 63
	76	+	from the property line, meaning 5 feet of the townhomes are within the BRL. 64
	77	+	As indicated previously, the BRL did not show up in the ALTA survey that AMT 65
	78	+	prepared for the District in December 2014. Additionally, when searched on SurDocs, no such 66
	79	+	BRL is shown on the south side of Fern Street NW. 67
	80	+	(j) There are no public utilities within the fifteen foot BRL, which is also within the 68
	81	+	fenceline of the former Army Medical Center campus that would be impacted by removal and 69
	82	+	and no public purpose served by retention of the BRL. 70 4
14	83
15		-
16		-	To declare the existence of an emergency with respect to the need to reduce the building
17		-	restriction line along the southern side of Fern Street, NW, on Lots 847, 973, 1016 to
18		-	1033, and 1062 to 1072 in Square 2950 from 15 feet to 9.5 feet.
19		-	RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
20		-	resolution may be cited as the “Adjustment of Building Restriction Line in Square 2950 along
21		-	the southern side of Fern Street, NW, S.O. 23-06301 Emergency Declaration Resolution of
22		-	2023”.
23		-
24		-	Sec. 2. (a) The redevelopment of the former Walter Reed Army Medical Center campus,
25		-	the Parks at Walter Reed, includes the development of 141 townhomes and stacked townhome
26		-	flats fronting the south side of Fern Street NW on Parcels A-G of the Master Plan, called
27		-	Veranda at the Parks (“Project”).
28		-	(b) The Project has been fully designed and infrastructure serving the townhomes was
29		-	installed with the understanding that there was no building restriction line along the south side of
30		-	Fern Street, NW.
31		-	(c) There is no building restriction line shown in the District’s survey database on
32		-	SurDocs or in the ALTA survey prepared for the District in December 2014. The homes, as
33		-	currently designed, extend 5 feet beyond the building restriction line and feature porches, which
34		-	extend an additional 5 feet 6 inches. They cannot be constructed as designed and approved by the
35		-	Historic Preservation Review Board (“HPRB”) and ANC 4A without removal or the reduction of
36		-	the building restriction line to 9.5 feet .
37		-	(d) The Project design received unanimous approval from the HPRB on February 24,
38		-	2022, after a months-long community engagement process that resulted in revisions to the plans
39		-	prior to approval. The front yards and front porches along Fern Street were key design elements,
40		-	including a few follow up revisions that were addressed in the March 2022 HPRB resubmission
41		-	package.
42		-	(e) Phase I of the land development, which accounts for 38% of all units, has been
43		-	completed by the Master Developer on the basis of plans there were permitted and approved by
44		-	the Department of Buildings (“DOB”) , Department of Energy and Environment, Water and ENROLLED ORIGINAL
45		-
46		-
47		-
48		-
49		-	2
50		-
51		-	Sewer Authority, Pepco, and Washington Gas. The site has been graded and new facilities have
52		-	been installed over the past year at a substantial investment.
53		-	(f) In parallel to the land development work being completed by the Master Developer,
54		-	Toll Brothers has advanced its design documents. It submitted its permit set for Building 12 and
55		-	Building 13 to DOB, which make up 2 of 6 impacted buildings along Fern Street , NW. Upon
56		-	permit approval, Toll Brothers plans to commence construction this year.
57		-	(g) Toll Brothers, with its civil engineer, applied for a District Department of
58		-	Transportation construction permit for stairs and leadwalks in Public Space along Fern Street,
59		-	NW. Chris Shaheen with the Office of Planning issued the following comment:
60		-	“Office of the Surveyor records show there is a 15' building restriction line on Fern
61		-	Street that is not indicated on site plans submitted with this application. Revise
62		-	plans and application to include the building restriction line and include all work
63		-	in this area as part of the public space permit OR provide documentation showing
64		-	that the building restriction line has been removed.”.
65		-
66		-	Chris Shaheen directed Toll Brothers and the civil engineer to a survey from 1972
67		-	indicating a 15’ BRL on the south side of Fern Street , NW between Georgia Avenue, NW and
68		-	Alaska Avenue, NW .
69		-	(h) The Master Developer consulted with the Office of the Surveyor as to whether there
70		-	was a building restriction line given the ALTA survey and SURDocs maps upon which they
71		-	relied did not show it.The Surveyor indicated that, in his opinion, when the District created a
72		-	new parcel to convey the Walter Reed campus from the US Army to the District, the building
73		-	restriction line was likely eliminated consistent with several other building restriction lines
74		-	nearby. However, the documents pursuant to the parcel creation were not specific as to its
75		-	elimination. As a result, the Surveyor advised that the building restriction line would need to be
76		-	removed or reduced by the District for the project to move forward as approved.
77		-	(i) Toll Brothers’ townhomes are designed such that the face of the house is 10 feet back
78		-	from the property line, meaning 5 feet of the townhomes are within the BRL. As indicated
79		-	previously, the BRL did not show up in the ALTA survey that AMT prepared for the District in
80		-	December 2014. Additionally, when searched on SurDocs, no such BRL is shown on the south
81		-	side of Fern Street NW.
82		-	(j) There are no public utilities within the 15- foot building restriction linewhich is also
83		-	within the fenceline of the former Army Medical Center campus, which would be impacted by
84		-	removal.
85		-	(k) TPWR Developer and Toll Brothers are seeking the removal of the 15 -foot building
86		-	restriction line and the establishment of a 9.5- foot building restriction line so that the only
87		-	projection are the stairs and porch. Both parties have invested years of effort and significant
88		-	expense to advance the land development and design of the Project. TPWR Developer and Toll
89		-	Brothers deployed this capital based on assumed credible surveys. The Project will deliver much- ENROLLED ORIGINAL
90		-
91		-
92		-
93		-
94		-	3
95		-
96		-	needed family sized homes with 3+ bedrooms, including 12 affordable units. The Master
97		-	Developer will have to repeat these protracted processes with an uncertain outcome in the event
98		-	that the building restriction line is not adjusted and the Project has to be redesigned.
99		-	(l) In conclusion, the Project is meritorious in providing new housing and affordable
100		-	housing, the Master Developer relied in good faith on the ALTA survey and SurDocs which did
101		-	not show the building restriction line and no public interest is served with the retention of the
102		-	building restriction line.
103		-
104		-	Sec. 3. The Council determines that the circumstances enumerated in section 2 constitute
105		-	emergency circumstances making it necessary that the Adjustment of Building Restriction Line
106		-	in Square 2950 along the southern side of Fern Street NW, S.O . 23-06301 Emergency Act be
107		-	adopted after a single reading.
108		-
109		-	Sec. 4. This resolution shall take effect immediately.
	84	+	(k) TPWR Developer and Toll Brothers are seeking the removal of a fifteen foot Building 71
	85	+	Restriction Line on the south side of Fern Street NW between Alaska Avenue NW and George 72
	86	+	Avenue NW and establishment of a 9.5 foot BRL so that the only projection are on the stairs and 73
	87	+	porch. 74
	88	+	Both parties have invested years of effort and significant expense to advance the land 75
	89	+	development and design of the Project. TPWR Developer and Toll Brothers deployed this capital 76
	90	+	based on assumed credible surveys. The Project will deliver much-needed family sized homes 77
	91	+	with 3+ bedrooms, including 12 affordable. As mentioned above, the Project went thru an HPRB 78
	92	+	approval process as well as a community design review process gaining support from ANC 4A, 79
	93	+	whose constituents’ homes, including our former ANC 4A Commissioner, face the Project on 80
	94	+	Fern Street. The Master Developer will have to repeat these protracted processes with an 81
	95	+	uncertain outcome in the event that the BRL is not adjusted and the Project has to be redesigned 82
	96	+	to accommodate the BRL. 83
	97	+	(l) In conclusion, the Project is meritorious in providing new housing and affordable 84
	98	+	housing, the Master Developer relied in good faith on the ALTA survey and SurDocs which did 85
	99	+	not show the BRL and no public interest is served with the retention of the BRL. 86
	100	+	Sec. 3. The Council of the District of Columbia determines that the circumstances 87
	101	+	enumerated in section 2 constitute emergency circumstances making it necessary that the 88
	102	+	Adjustment of Building Restriction Line in Square 2950 along the southern side of Fern Street 89
	103	+	NW, S.R. 23-06301 be adopted after a single reading. 90
	104	+	Sec. 4. This resolution shall take effect immediately. 91