District Of Columbia 2025-2026 Regular Session

District Of Columbia Council Bill B26-0040 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	ENGROSSED ORIGINAL
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6		-
7		-	A BILL 1
8		-	2
9		-	3
10		-	26-40
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12		-	5
13		-	6
14		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 7
15		-	8
16		-	___________ 9
17		-	10
18		-	11
19		-	To amend Chapter 46 of Title 47 of the District of Columbia Official Code to abate the real property 12
20		-	taxes on the real property known as Lot 2, Square 1048, Suffix-S, or 1333 M Street, SE, in 13
21		-	Ward 6. 14
22		-	15
23		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 16
24		-	act may be cited as the “1333 M Street, SE Tax Abatement Amendment Act of 2025”. 17
25		-	Sec. 2. Chapter 46 of Title 47 of the District of Columbia Official Code is amended as 18
26		-	follows: 19
27		-	(a) The table of contents is amended by adding a new section designation to read as follows: 20
28		-	“§ 47-4682. 1333 M Street, SE development project tax abatement.”. 21
29		-	(b) A new section 47- 4682 is added to read as follows: 22
30		-	“§ 47-4682. 1333 M Street, SE development project tax abatement. 23
31		-	“(a) For the purpose of this section, the term: 24
32		-	“(1) “Developer” means FRF Land Owner LLC, its successors, affiliates, and 25
33		-	assigns. 26 ENGROSSED ORIGINAL
34	4
35	5
36	6
37		-	2
38		-
39		-	“(2) “Inclusionary Units” means a unit set aside for sale or rental to eligible 27
40		-	households as required by the Inclusionary Zoning Program or established by an order approving 28
41		-	a Planned Unit Development pursuant to Chapter 3 of Title 11- X of the District of Columbia 29
42		-	Municipal Regulations. 30
43		-	“(3) “Orders” means Z.C. Order No. 20-06, effective April 23, 2021, as amended 31
44		-	and extended pursuant to Z.C. Order No. 20- 06A, effective September 8, 2022, Z.C. Order No. 32
45		-	20-06B, effective April 7, 2023, and Z.C. Order No. 20- 06C, effective April 28, 2023. 33
46		-	“(4) “Project” means the Planned Unit Development (“PUD”) approved by the 34
47		-	Zoning Commission of the District of Columbia pursuant to the Orders. 35
48		-	“(5) “Property” means the real property, including any improvements thereon, 36
49		-	located at 1333 M Street, SE, known for tax assessment purposes as Lot 2, Square 1048, Suffix- S, 37
50		-	or as the land for such lots may be subdivided into record lots, assessment and taxation lots, 38
51		-	condominium lots, air rights lots, or any combination in the future. 39
52		-	“(b) Subject to subsections (c) and (d) of this section, for the 15 consecutive tax years 40
53		-	beginning on October 1, 2029, the Property shall be allowed an annual real property tax abatement 41
54		-	equal to the amount of the real property taxes assessed and imposed by Chapter 8 of this title, in 42
55		-	excess of any amount over $150,000 per year. 43
56		-	“(c) The Property shall be eligible for the abatement authorized in subsection (b) of this 44
57		-	section in each tax year that Mayor determines that the Developer has met the following conditions, 45
58		-	consistent, as applicable, with the terms established under the Orders: 46 ENGROSSED ORIGINAL
59	7
60	8
61	9
62		-	3
63	10
64		-	“(1) To the extent constructed, the Developer has reserved a minimum of 12% of 47
65		-	the residential gross floor area of the Project as inclusionary units for households earning equal to 48
66		-	or less than 60% of the median family income (“MFI”), including 3 of the 6 two- bedroom 49
67		-	inclusionary units in the East Tower for households earning equal to or less than 50% of the MFI . 50
68		-	“(2) The Developer has constructed or is in the process of constructing each of the 51
69		-	following public space improvements that provide benefits of special value to the neighborhood: 52
70		-	“(A) A neighborhood greenway on Water Street, SE, between 12th 53
71		-	and M Streets, SE; 54
72		-	“(B) The Arrival Plaza, Waterfront Plaza, 14th Street Corridor Plaza, 55
73		-	and Lower Retail Promenade; 56
74		-	“(C) A reconstructed Anacostia Bicycle Trail on M Street, SE; 57
75		-	“(D) A reconstructed Virginia Avenue, SE with bioretention 58
76		-	facilities; and 59
77		-	“(E) The installation of 52 short-term bicycle spaces in public space 60
78		-	on M Street and Virginia Avenue, SE. 61
79		-	“(3) The Developer has provided a one -time monetary contribution in the amount 62
80		-	of $25,000 to the Department of Parks and Recreation to support the programming for seniors at 63
81		-	the Arthur Capper Recreation Center. 64 ENGROSSED ORIGINAL
	11	+	January 10, 2025
	12	+
	13	+	Nyasha Howard
	14	+	Secretary to the Council
	15	+	Council of the District of Columbia
	16	+	1350 Pennsylvania Avenue, NW
	17	+	Washington, D.C. 20004
	18	+
	19	+	Dear Secretary Howard:
	20	+
	21	+	Today, I am introducing the “1333 M Street, SE Tax Abatement Amendment Act of 2025”. Please find
	22	+	enclosed a signed copy of the legislation.
	23	+
	24	+	High interest rates and frozen capital markets continue to impact and delay much-needed economic
	25	+	development projects in the District and throughout the country. One such project is the River’s Edge,
	26	+	located at 1333 M Street, SE, which sits at the edge of the Anacostia River. The River’s Edge is a
	27	+	development project that will bring more than 1,200 residents, a series of retail plazas, outdoor
	28	+	courtyards, private terrace spaces, and varied pedestrian experiences that will connect District residents
	29	+	to the Anacostia River. This project has struggled due to unprecedented spikes in costs and interest
	30	+	rates.
	31	+
	32	+	To advance the project and continue the District’s investments in affordable housing and in our
	33	+	economic recovery, this legislation will provide a tax abatement for the River’s Edge beginning in Fiscal
	34	+	Year 2029, equal to the amount of the real property taxes assessed and imposed in excess of any amount
	35	+	over $150,000 per year and subject to certain conditions that will bring value to the neighborhood, such
	36	+	as pedestrian plazas, a neighborhood greenway, a reconstructed Anacostia Bicycle Trail, and the
	37	+	installation of 52 short-term bicycle spaces in public space.
	38	+
	39	+	Please feel free to reach out to me or my Legislative Director, Antonio Nunes, with any questions or for
	40	+	additional information.
	41	+
	42	+	Sincerely,
82	43
83	44
84	45
	46	+	Councilmember Charles Allen, Ward 6
	47	+	Chairperson, Committee on Transportation & the Environment
	48	+	1
	49	+	______________________________ 1
	50	+	Councilmember Charles Allen 2
	51	+	3
85	52		4
86		-
87		-	“(4) The Developer has provided a one-time monetary contribution in the amount 65
88		-	of $25,000 to the Seafarer’s Yacht Club, located in Washington, DC to support the operations and 66
89		-	preservation of the Yacht Club. 67
90		-	“(d)(1) By October 31 of each tax year commencing on or after October 1, 2029, the 68
91		-	Developer shall provide to the Mayor information with respect to each of the conditions provided 69
92		-	in subsection (c) of this section sufficient to enable the Mayor to determine whether each such 70
93		-	condition has been satisfied. 71
94		-	“(2) By December 31 of the tax year, the Mayor shall determine whether the 72
95		-	Property is eligible for the abatement provided in subsection (b) of this section for that tax year 73
96		-	and shall so certify to the Office of Tax and Revenue (“OTR”). The Mayor’s certification shall 74
97		-	include: 75
98		-	“(A) The Developer’s taxpayer identification number; 76
99		-	“(B) A description of the eligible Property, by street address and square, lot, 77
100		-	parcel, or reservation number, including the number of floors, location, and square footage; 78
101		-	“(C) A statement as to whether the Developer has satisfied the conditions 79
102		-	enumerated in subsection (c) of this section; and 80
103		-	“(D) Any other information that OTR considers necessary or appropriate.” 81
104		-	“(3) If at any time the Mayor determines that the Property has become ineligible 82
105		-	for the abatement provided pursuant to this section, the Mayor shall notify OTR of the Property’s 83
106		-	ineligibility and shall specify the date that the Property became ineligible. 84 ENGROSSED ORIGINAL
107		-
108		-
109		-
110	53		5
111		-
112		-	“(e) If the Property is eligible for the tax abatement provided pursuant to subsection (b) of 85
113		-	this section, OTR shall process the abatement before the first semi-annual billing of the tax year.”. 86
114		-	“(f) The real property tax abatement provided pursuant to subsection (b) of this section 87
115		-	shall be in addition to, and not in lieu of, any other tax relief or assistance from any other source 88
116		-	applicable to the Project or the Property.” 89
117		-	“(g) This section shall not prevent or restrict the Developer from utilizing any other tax, 90
118		-	development, or other economic development incentives available to the Project or the Property.” 91
119		-	“(h) Nothing in this section shall be construed to limit the owner of the Property from 92
120		-	appealing or contesting its real estate tax assessment.” 93
121		-	Sec. 3. Fiscal impact statement. 94
122		-	The Council adopts the fiscal impact statement in the committee report as the fiscal impact 95
123		-	statement required by section 4a of the General Legislative Procedures Act of 1975, approved 96
124		-	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a). 97
125		-	Sec. 4. Effective date. 98
126		-	This act shall take effect following approval by the Mayor (or in the event of veto by the 99
127		-	Mayor, action by the Council to override the veto), and a 30-day period of c ongressional review 100
128		-	as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 101
129		-	24, 1973 (87 Stat. 813; D.C. Official Code § 1- 206.02(c)(1)). 102
	54	+	A BILL 6
	55	+	7
	56	+	________ 8
	57	+	9
	58	+	10
	59	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 11
	60	+	12
	61	+	_________________ 13
	62	+	14
	63	+	15
	64	+	To amend Chapter 46 of Title 47 of the District of Columbia Official Code to abate the real 16
	65	+	property taxes on the real property located on Lot 2, Square 1048-S, or 1333 M Street, 17
	66	+	SE, in Ward 6. 18
	67	+	19
	68	+	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 20
	69	+	act may be cited as the “1333 M Street, SE Tax Abatement Amendment Act of 2025”. 21
	70	+	Sec. 2. Chapter 46 of Title 47 of the District of Columbia Official Code is amended as 22
	71	+	follows: 23
	72	+	(a) The table of contents is amended by adding a new section designation to read as 24
	73	+	follows: 25
	74	+	“§ 47-4681. 1333 M Street, SE development project tax abatement.”. 26
	75	+	(b) A new section 47-4681 is added to read as follows: 27
	76	+	“§ 47-4681. 1333 M Street, SE development project tax abatement. 28
	77	+	“(a) For the purpose of this section, the term: 29
	78	+	“(1) “Developer” means FRF Land Owner LLC, its successors, affiliates, and 30
	79	+	assigns. 31
	80	+	“(2) “1333 M Street, SE Project” means the first-stage and consolidated Planned 32
	81	+	Unit Development (“PUD”) approved by the Zoning Commission of the District of Columbia 33
	82	+	2
	83	+	pursuant to Z.C. Order No. 20-06, effective April 23, 2021, as amended and extended pursuant to 34
	84	+	Z.C. Order No. 20-06A-20-06C (collectively, the “Orders”). 35
	85	+	“(3) “1333 M Street, SE Property” means the real property, including any 36
	86	+	improvements thereon, located on Lot 2, Square 1048-S, or as the land for such lots may be 37
	87	+	subdivided into record lots, assessment and taxation lots, condominium lots, air rights lots, or 38
	88	+	any combination in the future. 39
	89	+	“(b)(1) Subject to paragraphs (2) and (3) of this subsection and subsections (c), (d), and 40
	90	+	(e) of this section, the 1333 M Street, SE Property shall be allowed an annual real property tax 41
	91	+	abatement equal to the amount of the real property taxes assessed and imposed by Chapter 8 of 42
	92	+	this title, in excess of any amount over $150,000 per year. 43
	93	+	“(2) For the 1333 M Street, SE Property to receive the abatement described in this 44
	94	+	section, the Developer shall: 45
	95	+	“(A) To the extent constructed, set aside a minimum of 12% of the 46
	96	+	residential gross floor area of the 1333 M Street, SE Project for households earning equal to or 47
	97	+	less than 60% of the median family income (“MFI”), pursuant to the conditions set forth in the 48
	98	+	Orders; 49
	99	+	“(B) Have constructed or be in the process of constructing public space 50
	100	+	improvements that provide benefits of special value to the neighborhood, including: 51
	101	+	“(i) A neighborhood greenway on Water Street, SE, between 12th 52
	102	+	and M Streets, SE; 53
	103	+	“(ii) The Arrival Plaza, Waterfront Plaza, 14th Street Corridor 54
	104	+	Plaza, and Lower Retail Promenade, as those improvements are explained in the Orders; 55
	105	+	“(iii) A reconstructed Anacostia Bicycle Trail on M Street, SE; 56
	106	+	3
	107	+	“(iv) A reconstructed Virginia Avenue, SE with bioretention 57
	108	+	facilities; and 58
	109	+	“(v) The installation of 52 short-term bicycle spaces in public 59
	110	+	space on M Street and Virginia Avenue, SE. 60
	111	+	“(3) The real property tax abatement provided in paragraph (1) of this subsection 61
	112	+	shall apply for the 15 consecutive real property tax years beginning on October 1, 2028. 62
	113	+	“(c) The real property tax abatement pursuant to subsection (b)(1) of this section shall be 63
	114	+	in addition to, and not in lieu of, any other tax relief or assistance from any other source 64
	115	+	applicable to the 1333 M Street, SE Project or the 1333 M Street, SE Property. 65
	116	+	“(d) This section shall not prevent or restrict the Developer from utilizing any other tax, 66
	117	+	development, or other economic development incentives available to the 1333 M Street, SE 67
	118	+	Project or the 1333 M Street, SE Property. 68
	119	+	“(e) Nothing in this section shall be construed to limit the owner of the 1333 M Street, SE 69
	120	+	Property from appealing or contesting its real estate tax assessment.”. 70
	121	+	Sec. 3. Fiscal impact statement. 71
	122	+	The Council adopts the fiscal impact statement in the committee report as the fiscal 72
	123	+	impact statement required by section 4a of the General Legislative Procedures Act of 1975, 73
	124	+	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 74
	125	+	Sec. 4. Effective date. 75
	126	+	This act shall take effect following approval by the Mayor (or in the event of veto by the 76
	127	+	Mayor, action by the Council to override the veto), a 30-day period of congressional review as 77
	128	+	provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 78
	129	+	24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 79
	130	+	Columbia Register. 80