District Of Columbia 2025-2026 Regular Session

District Of Columbia Council Bill B26-0040 Latest Draft

Bill / Engrossed Version Filed 04/01/2025

                              	ENGROSSED ORIGINAL 
 
 
 
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A BILL 1 
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26-40 
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 7 
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To amend Chapter 46 of Title 47 of the District of Columbia Official Code to abate the real property 12 
taxes on the real property known as Lot 2, Square 1048, Suffix-S, or 1333 M Street, SE, in 13 
Ward 6. 14 
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 16 
act may be cited as the “1333 M Street, SE Tax Abatement Amendment Act of 2025”.  17 
Sec. 2. Chapter 46 of Title 47 of the District of Columbia Official Code is amended as 18 
follows: 19 
(a) The table of contents is amended by adding a new section designation to read as follows: 20 
“§ 47-4682. 1333 M Street, SE development project tax abatement.”. 21 
(b) A new section 47-	4682 is added to read as follows: 22 
“§ 47-4682. 1333 M Street, SE development project tax abatement. 23 
“(a) For the purpose of this section, the term:  24 
“(1) “Developer” means FRF Land Owner LLC, its successors, affiliates, and 25 
assigns. 26    	ENGROSSED ORIGINAL 
 
 
 
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 “(2) “Inclusionary Units” means a unit set aside for sale or rental to eligible 27 
households as required by the Inclusionary Zoning Program or established by an order approving 28 
a Planned Unit Development pursuant to Chapter 3 of Title 11-	X of the District of Columbia 29 
Municipal Regulations. 30 
 “(3) “Orders” means Z.C. Order No. 20-06, effective April 23, 2021, as amended 31 
and extended pursuant to Z.C. Order No. 20-	06A, effective September 8, 2022, Z.C. Order No. 32 
20-06B, effective April 7, 2023, and Z.C. Order No. 20-	06C, effective April 28, 2023. 33 
“(4) “Project” means the Planned Unit Development (“PUD”) approved by the 34 
Zoning Commission of the District of Columbia pursuant to the Orders.  35 
“(5) “Property” means the real property, including any improvements thereon, 36 
located at 1333 M Street, SE, known for tax assessment purposes as Lot 2, Square 1048, Suffix-	S, 37 
or as the land for such lots may be subdivided into record lots, assessment and taxation lots, 38 
condominium lots, air rights lots, or any combination in the future.  39 
“(b) Subject to subsections (c) and (d) of this section, for the 15 consecutive tax years 40 
beginning on October 1, 2029, 	the Property shall be allowed an annual real property tax abatement 41 
equal to the amount of the real property taxes assessed and imposed by Chapter 8 of this title, in 42 
excess of any amount over $150,000 per year.   43 
“(c) The Property shall be eligible for the abatement authorized in subsection (b) of this 44 
section in each tax year that Mayor determines that the Developer has met the following conditions, 45 
consistent, as applicable, with the terms established under the Orders:  46    	ENGROSSED ORIGINAL 
 
 
 
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“(1) To the extent constructed, the Developer has reserved a minimum of 12% of 47 
the residential gross floor area of the Project as inclusionary units for households earning equal to 48 
or less than 60% of the median family income (“MFI”), including 3 of the 6 two-	bedroom 49 
inclusionary units in the East Tower for households earning equal to or less than 50% of the MFI	.  50 
“(2) The Developer has constructed or is in the process of constructing each of the 51 
following public space improvements that provide benefits of special value to the neighborhood: 52 
“(A) A neighborhood greenway on Water Street, SE, between 12th 53 
and M Streets, SE; 54 
“(B) The Arrival Plaza, Waterfront Plaza, 14th Street Corridor Plaza, 55 
and Lower Retail Promenade;  56 
“(C) A reconstructed Anacostia Bicycle Trail on M Street, SE; 57 
“(D) A reconstructed Virginia Avenue, SE with bioretention 58 
facilities; and 59 
“(E) The installation of 52 short-term bicycle spaces in public space 60 
on M Street and Virginia Avenue, SE. 61 
 “(3) The Developer has provided a one -time monetary contribution in the amount 62 
of $25,000 to the Department of Parks and Recreation to support the programming for seniors at 63 
the Arthur Capper Recreation Center.  64    	ENGROSSED ORIGINAL 
 
 
 
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 “(4) The Developer has provided 	a one-time monetary contribution in the amount 65 
of $25,000 to the Seafarer’s Yacht Club, located in Washington, DC to support the operations and 66 
preservation of the Yacht Club.  67 
 “(d)(1) By October 31 of each tax year commencing on or after October 1, 2029, the 68 
Developer shall provide to the Mayor information with respect to each of the conditions provided 69 
in subsection (c) of this section sufficient to enable the Mayor to determine whether each such 70 
condition has been satisfied.    71 
 “(2) By December 31 of the tax year, the Mayor shall determine whether the 72 
Property is eligible for the abatement 	provided in subsection 	(b) of this section for that tax year 73 
and shall so certify to the Office of Tax and Revenue (“OTR”).  The Mayor’s certification shall 74 
include:  75 
 “(A) The Developer’s taxpayer identification number; 76 
 “(B) A description of the eligible Property, by street address and square, lot, 77 
parcel, or reservation number, including the number of floors, location, and square footage; 78 
 “(C) A statement as to whether the Developer has satisfied the conditions 79 
enumerated in subsection (c) of this section; and  80 
 “(D) Any other information that OTR considers necessary or appropriate.” 81 
 “(3) If at any time the Mayor determines that the Property has become ineligible 82 
for the abatement provided pursuant to this section, the Mayor shall notify OTR of the Property’s 83 
ineligibility and shall specify the date that the Property became ineligible. 84    	ENGROSSED ORIGINAL 
 
 
 
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 “(e) If the Property is eligible for the tax abatement provided pursuant to subsection (b) of 85 
this section, OTR shall process the abatement before the first semi-annual billing of the tax year.”. 86 
 “(f) The real property tax abatement provided 	pursuant to subsection (b) of this section 87 
shall be in addition to, and not in lieu of, any other tax relief or assistance from any other source 88 
applicable to the Project or the Property.” 89 
 “(g) This section shall not prevent or restrict the Developer from utilizing any other tax, 90 
development, or other economic development incentives available to the Project or the Property.” 91 
 “(h) Nothing in this section shall be construed to limit the owner of the Property from 92 
appealing or contesting its real estate tax assessment.”  93 
Sec. 3. Fiscal impact statement. 94 
The Council adopts the fiscal impact statement in the committee report as the fiscal impact 95 
statement required by section 4a of the General Legislative Procedures Act of 1975, approved 96 
October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-	301.47a). 97 
Sec. 4. Effective date.  98 
This act shall take effect following approval by the Mayor (or in the event of veto by the 99 
Mayor, action by the Council to override the veto), and 	a 30-day period of c ongressional review 100 
as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 101 
24, 1973 (87 Stat. 813; D.C. Official Code § 1-	206.02(c)(1)).  102