ZONING COMMISSION District of Columbia Case No. 17-16 Deleted ZONING COMMISSION District of Columbia Case No. 17-16 2 nd & H STREETS, NW By 251 Massachusetts Avenue LLC APPLICATION TO THE DISTRICT OF COLUMBIA ZONING COMMISSION FOR AN AMENDMENT TO THE ZONING MAP September 1, 2017 8438910.11 ZONING COMMISSION ZONING COMMISSION District of Columbia District of Columbia CASE NO.17-16 CASE NO.17-16 Deleted EXHIBIT NO.2 EXHIBIT NO.2
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ZONING COMMISSIONDistrict of Columbia
Case No 17-16
Deleted
ZONING COMMISSIONDistrict of Columbia
Case No 17-16
2nd amp H STREETS NW
By 251 Massachusetts Avenue LLC
APPLICATION TO THE DISTRICT OF COLUMBIA ZONING COMMISSION FOR
AN AMENDMENT TO THE ZONING MAP
September 1 2017
843891011
ZONING COMMISSIONZONING COMMISSION District of ColumbiaDistrict of Columbia
CASE NO17-16CASE NO17-16 DeletedEXHIBIT NO2EXHIBIT NO2
Applicant 251 Massachusetts Avenue LLC
251 H Street NW
Washington DC 20001
Land Use Counsel Goulston amp Storrs
1999 K Street NW 5th Floor
Washington DC 20006
i
843891011
TABLE OF CONTENTS
TABLE OF CONTENTS II
PREFACE IV
I INTRODUCTION 1
A Summary of Requested Action 1 B The Applicant 2 II THE PROPERTY 4
III PLANNING ANALYSIS ndash LAND USE AND ZONING IMPROVEMENTS 7
IV COMPLIANCE WITH THE COMPREHENSIVE PLAN 8
A Citywide Elements 8 B Compliance with Area Elements 12 V COMMUNITY CONTACTS 14
VI CONCLUSION 15
ii
843891011
EXHIBITS
Exhibit A ndash Application Form and Authorization Letter
Exhibit B ndash Zone Map
Exhibit C ndash Future Land Use Map
Exhibit D ndash Certificate of Notice
Exhibit E ndash Compliance with Regulations
Exhibit F ndash Publicly Available Information
Exhibit G ndash List of Property Owners within 200 feet of the Subject Property
Exhibit H ndash Plat
Exhibit I ndash Site and area photos
iii
843891011
PREFACE
This statement and the attached documents support the application of 251 Massachusetts
Avenue LLC to the Zoning Commission for a Zoning Map Amendment for the property known
as Lot 853 in Square 560 (ldquoSubject Propertyrdquo or ldquoPropertyrdquo) The Subject Property is in the
southern portion of Square 560 a rectangular-shaped block in NW bounded by 2nd 3rd H and K
Streets in Ward 6 The rezoning will facilitate the expansion of an existing office building on
adjacent Lot 852 at 251 H Street (ldquo251 Hrdquo) to meet the immediate and anticipated future growth
needs of the existing occupant of that building a non-profit organization
This application is consistent with the District of Columbia Comprehensive Plan DC
Law 16-300 10A DCMR (Planning and Development) sect 100 et seq (2006) (the
ldquoComprehensive Planrdquo) as well as the goals and policies of the District of Columbia
The Applicant originally proposed to expand 251 H by rezoning both the 251 H property
and the Subject Property to D-6 through the PUD process which would have allowed 130 feet of
building height Ultimately it was determined with input from the Office of Planning that the
rezoning process was simpler and more appropriate for this non-profit and that D-4 zoning while
more restrictive than D-6 would be sufficient to meet the Applicantrsquos needs
Submitted in support of this application are completed application forms a copy of the
notice of intent to file a rezoning application that was mailed to surrounding property owners and
parties (with the certification of mailing and list of property owners) and a map depicting the
Zone Districts for the property and surrounding area As set forth below this statement and the
attached documents meet the filing requirements for a map amendment under Subtitle X Chapter
5 and Subtitle Z Chapter 3 of the District of Columbia Zoning Regulations This application is
being filed as a contested case pursuant to Subtitle Z sect 2012(e) and Subtitle X Chapter 6
iv
843891011
I INTRODUCTION
A Summary of Requested Action
This statement and the attached documents support the application of 251 Massachusetts
Avenue LLC (ldquoOwnerrdquo or ldquoApplicantrdquo) to the Zoning Commission for a Zoning Map
Amendment for the rezoning of the Subject Property known as Lot 853 in Square 560 which is
located along the H Street corridor in Ward 6 within the jurisdiction of Advisory Neighborhood
Commission (ldquoANCrdquo) 6E The Subject Property is approximately four blocks from the Judiciary
Square Metrorail station and five blocks from the Union Station Metrorail station
The Subject Property is improved with a surface parking lot and contains 15000 square
feet of land area The I-395 Freeway runs underneath the Subject Property The site contains a
large and unsightly air shaft that was intended to provide ventilation to the I-395 tunnel The
Property is adjacent to the Applicantrsquos seven-story office building that serves as the headquarters
for the American Israel Public Affairs Committee (ldquoAIPACrdquo) a non-profit organization This
rezoning is driven by AIPACrsquos need to expand The Property can accommodate an addition to
serve the organizationrsquos projected future growth
The Subject Property is located in the High Density Commercial and High Density
Residential Land Use categories on the Future Land Use Map The Subject Property is currently
located in the MU-6 Zone District which was formerly known as the C-2-C Zone District The
Applicant seeks to rezone the property to the D-4 Zone District The Zoning Map Amendment
will not increase the maximum permitted height of 90 feet for the Property While it will only
increase the maximum FAR of 60 to 65 (or 78 if Density Credits are used) it will increase the
maximum permitted commercial FAR from 20 to 60
1
843891011
B The Applicant
The Applicant is a wholly-owned subsidiary of the American Israel Public Affairs
Committee (ldquoAIPACrdquo) AIPAC is a 100000+ member grass roots organization whose mission
is to strengthen protect and promote the US-Israel relationship in ways that enhance the
security of Israel and the United States AIPACrsquos staff and citizen activists educate decision
makers about the bonds that unite the United States and Israel and how it is in Americarsquos best
interest to help ensure that Israel is safe strong and secure The New York Times says AIPAC
is ldquothe most important organization affecting Americarsquos relationship with Israelrdquo
AIPAC is outgrowing its existing headquarters building at 251 H Street NW and the
proposed rezoning of the adjacent lot will facilitate its expansion When opened in February
2008 the current headquarters housed 125 employees In the eight years since opening AIPAC
has grown to 220 employees who currently work in its headquarters It anticipates having further
growth during the next three to five years The Applicant purchased the Property with the
expectation of creating additional space as AIPAC grew The Property will allow for additional
space to ensure that the organization will be able to remain on H Street for the foreseeable future
Notably the Applicant a wholly owned subsidiary of AIPAC is not exempt from real property
taxes in DC The Applicantrsquos current property taxes for the existing headquarters and the
Subject Project are $71706492 annually
Amendments to the Zoning Map are permitted provided that the new zone category is
ldquonot inconsistent with the Comprehensive Planrdquo DC Code Sec 6-64102 We strongly believe
that in this case a Map Amendment is appropriate Consistent with the Comprehensive Planrsquos
designation for the Property the Applicant proposes to rezone the Property to the D-4 Zone
District The D-4 Zone District is appropriate for the High Density CommercialHigh Density
2
843891011
Residential Land Use category After rezoning a potential commercial project under the D-4
Zone District would be permitted a height of 90 feet an FAR of 65 (or 78 with Density
Credits) and 100 lot occupancy
3
843891011
II THE PROPERTY
As described above the Subject Property consists of Lot 853 which is located above the
I-395 highway The parcel is part of a single record lot with other adjacent properties in the
square and is subject to a Single Record Lot Agreement that was originally recorded in 2006 and
was recently amended and restated
The Property is located at the northwestern corner of 2nd and H Streets NW and consists
of approximately 15000 square feet of land area The Property is improved with a surface level
parking lot and an air shaft that was used to vent the highway
The Property is subject to easements and covenants with the District of Columbia that
ensure continued operation of the highway as well as DDOT access to the support facilities
Construction on the Property will require review and approval by DDOT with concurrence by
the Federal Highway Administration Importantly the agreements explicitly list office and other
commercial and institutional uses as permitted uses
The Property is located in the Mount Vernon Triangle neighborhood at the edge of the
Downtown and NoMa neighborhoods and is surrounded by a mix of high density residential and
commercial uses as well as surface parking lots anticipated to be redeveloped As noted below
many of the surrounding properties have been constructed to a height of 130 feet
To the west and north of the Subject Property is an air rights parcel over a one story
portion of building a surface parking lot and along 3rd Street and Mount Carmel Baptist Church
all of which are part of the single record lot with the Subject Property The air rights parcel and
parking lot are anticipated to be redeveloped as a residential apartment building To the west of
the Property across 3rd Street NW is a 12-story residential building Further to the west are a
number of 12- and 13-story residential buildings
4
843891011
To the south of the Property across H Street NW is property that is maintained by the
District as Cobb Park The park is slated for a major renovation that is in the planning stages
Further to the south across Massachusetts Avenue NW is the northern block of the Capitol
Crossing PUD (ZC Order No 08-34) which is under construction and includes 130-foot tall
commercial office buildings To the southeast of the Subject Property at the southeast corner of
the intersection of 2nd and H Streets NW is an eight-story commercial office building
(commonly known as the ldquoDarth Vaderrdquo building) which measures over 100 feet in height and
was constructed pursuant to a PUD approved in ZC Case No 80-07 (ZC Order No 324) This
PUD was recently modified to include a Zoning Map Amendment to the C-4 Zone District
(based on the 1958 Zoning Regulations) to construct an addition allowing a building height of
130 feet and an FAR of 92 (ZC Order No 80-07A) To the east of the Subject Property are
surface parking lots that are being redeveloped pursuant to the Districtrsquos RFP process further to
the east is 77H which was recently redeveloped as a mixed-use residential and retail building
containing a Walmart
The Subject Property is approximately four blocks from the Judiciary Square Metrorail
station and other stations are also located within walking distance Additionally the Maryland
and Virginia commuter train services (MARC and VRE respectively) both service Union
Station which is six blocks from the Subject Property Multiple Metrobus lines also service the
Property
The Subject Property was formerly designated as C-2-C and is now designated as MU-6
Zone District under the 2016 Zoning Regulations Surrounding property to the north and west of
the Subject Property is located in the MU-6 and D-4-R Zone Districts Cobb Park to the south is
located in the D-4 Zone District the property further to the south in the Capitol Crossing PUD
5
843891011
was rezoned to the C-4 Zone District under the 1958 Zoning Regulations which is now known as
D-6 Property to the southeast is in the D-3 Zone District The triangular parcel immediately to
the east of the Subject Property is located in the MU-4 Zone District this parcel is District-
owned RFP site that is slated for development with a mixed-use residential building with ground
floor retail and a rezoning to the D-4-R Zone District (ZC Case 17-06) Property further to the
east is located in the MU-9 Zone District
6
843891011
IIIPLANNING ANALYSIS ndash LAND USE AND ZONING IMPROVEMENTS
As detailed in Section IV the proposed Map Amendment is fully consistent with the
goals and policies of the Comprehensive Plan for the District of Columbia which designate the
Subject Property for High Density Commercial and High Density Residential land use
Specifically the rezoning will allow for the expansion of AIPACrsquos existing nonprofit
headquarters in a transit-oriented location and high-demand area adjacent to the Central
Employment Area The proposed expansion under D-4 zoning will be appropriate given the
proximity to transit the height and mass of surrounding buildings along H Street and
Massachusetts Avenue and the lack of adverse impacts on nearby residential areas The
rezoning will have a positive land use impact that is consistent with the Comprehensive Plan and
other planning goals of the District of Columbia
The Applicant requests a Zoning Map Amendment for the Subject Property to the D-4
Zone District This proposed zone plan is consistent with the Comprehensive Plan As discussed
more fully in Section IV the Future Land Use Map of the Comprehensive Plan locates the
Subject Property in the High Density Commercial and High Density Residential categories The
proposed D-4 zoning is necessary to accommodate the needed commercial density The
Comprehensive Plan states that the proposed D-4 Zone District (formerly C-3-C) is consistent
with the Future Land Use Map designation Accordingly the proposed rezoning of the Subject
Property to the D-4 Zone District is consistent with the Comprehensive Plan
7
843891011
IV COMPLIANCE WITH THE COMPREHENSIVE PLAN
The proposed rezoning is consistent with and fosters numerous goals and policies of the
Comprehensive Plan
The purposes of the District elements of the Comprehensive Plan for the National Capital are to (1) Define the requirements and aspirations of District residents and accordingly influence social economic and physical development (2) Guide executive and legislative decisions on matters affecting the District and its citizens (3) Promote economic growth and jobs for District residents (4) Guide private and public development in order to achieve District and community goals (5) Maintain and enhance the natural and architectural assets of the District and (6) Assist in the conservation stabilization and improvement of each neighborhood and community in the District
DC Code sect 1-30601(b) (2006) The proposed rezoning significantly advances these purposes
by furthering the physical and economic development of the District by facilitating the
redevelopment of a parking lot into an efficient addition to an existing office building in close
proximity to multiple Metrorail stations and other modes of transportation
A Citywide Elements
1 Framework Elements and Maps
The Framework Element provides guidelines for using the Future Land Use Map This
Element states that the Future Land Use Map should be interpreted ldquobroadlyrdquo and notes that the
zoning for an area should be guided by the Future Land Use Map interpreted in conjunction with
the text of the entire Comprehensive Plan
On the Future Land Use Map the Subject Property is mapped for High Density
Commercial and High Density Residential uses The High Density Commercial category
ldquodefine[s] the central employment district of the city and other major office employment centers
on the downtown perimeter It is characterized by office and mixed officeretail buildings greater
than eight stories in heightrdquo sect22511 The Zone Districts corresponding to High Density
Commercial areas include C-2-C C-3-C C-4 and C-5 the current designations for which are D-
8
843891011
4 D-5 D-6 and D-7 The High Density Residential category ldquodefine[s] neighborhoods and
corridors where high-rise (8 stories or more) apartment buildings are the predominant userdquo
sect2256 The Comprehensive Plan provides that R-5-D and R-5-E (now RA-4 and RA-5) Zone
Districts are consistent with High Density Residential
The rezoning is consistent with these definitions and the Zone Districts in this area Also
the rezoning will further the Elementrsquos goals of ldquoredevelopment and infill opportunities along
corridors and near transit stationsrdquo sect2176 as it will attain for more efficient use of the parking
lot space on H Street Finally the rezoning will strengthen downtown as ldquothe regionrsquos major
employment centerrdquo which the Element encourages by increasing the amount of commercial
development consistent with the Comprehensive Plan sect2188
On the Generalized Policy Map the Subject Property is designed as a ldquoLand Use Change
Areardquo Land Use Change Areas are identified as the areas where development is most
anticipated and ldquorepresent much of the cityrsquos supply of vacant and underutilized landrdquo sect22310
The Element designates areas as Land Use Change Areas to ldquoencourage and facilitate new
development and promote the adaptive reuse of existing structuresrdquo sect22311 ldquoThe District
aspires to create high quality environments that include exemplary site and architectural design
and that are compatible with and do not negatively impact nearby neighborhoodsrdquo sect22312 The
proposed rezoning will allow a quintessential Land Use Change Area development The
rezoning will facilitate the conversion of underutilized land into a space for high-quality
development
2 Land Use Element
The proposed rezoning advances several policies of the Land Use Element First the
Land Use Element encourages development using Metro stations as ldquoanchorsrdquo sect 30610 (LU-
9
843891011
131 Station Areas as Neighborhood Centers) as the best opportunities for infill development
sect 30611 (LU-132 Development around Metrorail Stations) and as pedestrian-oriented nodes
sect 3129 (LU-245 Encouraging Nodal Development) Here the Propertyrsquos proximity to the
Judiciary Square and other Metrorail stations furthers this use of Metro stations as anchors The
Property will be developed with the sort of pedestrian-oriented infill development promoted by
the Land Use Element
Second the Land Use Elements also seeks to foster the Central Employment Area as the
prime location for work in the District The Central Employment Area should ldquopromote the use
of this area with high-value land uses that enhance its image as the seat of the national
government and the center of the District of Columbia and that make the most efficient possible
use of its transportation facilitiesrdquo sect3049 (LU-114 Appropriate Uses in the CEA) The
Element specifies ldquothe CEA shall include the greater concentration of the cityrsquos private office
developmentrdquo sect3048 (LU-113 Central Employment Area) The Subject Property is located
adjacent to the Central Employment Area the boundary of which is H Street NW The rezoning
furthers the goals of the Element by not only creating more employment but by creating the
opportunity for additional office space adjacent to the Central Employment Area without
overburdening the congested office use in the ldquotraditionalrdquo downtown The rezoning also
encourages efficient use of the nearby transit facilities for employees coming to the Subject
Property
Third and finally the Land Use Element encourages creative parking management to
respond to the level of demand and mitigate congestion sectsect 30615 30916 and 31212 (LU-
136 Parking near Metro Stations LU-2111 Residential Parking Requirements and LU-248
Addressing Commercial Parking Impacts) The Element focuses developments on placing ldquoa
10
843891011
priority on attractive pedestrian-friendly design and a de-emphasis on auto-oriented uses and
surface parkingrdquo sect3064 (LU-13 Transit-Oriented and Corridor Development) Here the
rezoning meets the objectives of the Land Use Element by allowing for the future elimination of
the existing surface parking near a Metro station and offering an appropriate amount of enclosed
parking for employees
3 Other Elements
This rezoning is also consistent with policies in the Transportation Economic
Development and Urban Design Elements of the Comprehensive Plan The Transportation
Element encourages pedestrian-oriented development around transit stations sect 4031 (T-114
Transit-Oriented Development) and discourages auto-oriented uses such as ldquodrive-throughrdquo
business large surface parking lots and new curb cuts sect 4048 (T-123 Discouraging Auto-
Oriented Uses) The redevelopment of this site will be consistent with these objections and the
rezoning will encourage such a transit-oriented development As discussed the Property is
located in close proximity to multiple Metrorail stations Additionally there are many other bus
lines in the area and the commuter rail lines at Union Station are within a mile of the Subject
Property Therefore the redevelopment of the Property will enhance the use of public transit
based on the convenient location
The Economic Development Element encourages development that expands the office
sector in locations in the Central Washington area sect7076 (ED-211 Office Growth) A rezoning
that will allow the expansion of office space will constitute ldquoinfill and renovation within
established commercial districts to more efficiently use available space while providing
additional opportunities for spacerdquo sect70710 (ED-215 Infill and Renovation) Here the proposed
rezoning will facilitate the conversion of a surface parking lot to new office use amidst growing
11
843891011
demand in Mount Vernon Triangle thus providing more office space for the expanding demand
in a transit-rich area of the District
Finally the Map Amendment also supports the Urban Design Element of the
Comprehensive Plan First it furthers the Elementrsquos goal of view protection along H Street
Currently at the Subject Property there is an airshaft set apart from any other structures which
does not ldquoprovide greater focus and frame important vistas along thoroughfaresrdquo sect9064
(UD-14 Reinforcing Boulevards and Gateways) The rezoning will allow for a development that
may eliminate or wrap around the airshaft and allowing for a cohesive view that is uniform and
visually appealing
Additionally the Project also furthers the Elementrsquos goal of ldquoencourage[ing] creative
solutions for designing structured parking to minimize its visual prominencerdquo sect91021 (UD-
2211 Parking Structures) Instead of the current surface lot on the Subject Property a new
addition would enclose parking in the structure making it visually appealing and using the space
in an efficient way
B Compliance with Area Elements
The Subject Property is within the Central Washington Area Element This Element
encourages ldquoretain[ing] Central Washington as the premier office location in the Greater
Washington regionrdquo and guiding development ldquoeastward from its current area of concentrationrdquo
sect16083 (CW-112 Central Washington Office Growth) The Elementrsquos goals also include
making Central Washington ldquoa diverse placerdquo and states that ldquonon-profits also provide
desirable diversityrdquo sect16072 (Planning and Development Priorities) The proposed rezoning is
also consistent with the Elementrsquos goals for the specific Mount Vernon Triangle Area Echoing
policies elsewhere in the Comprehensive Plan the Central Washington Area Element encourages
projects in Mount Vernon Triangle to create ldquoeconomic valuerdquo and a ldquoquality environmentrdquo for
12
843891011
the area sect16145 (CW-24 Mount Vernon District) The proposed rezoning will serve all of these
goals ndash the non-profit AIPAC seeks to expand its current office and create more office space
outside of the current concentration of office spaces in downtown The addition will also make a
current inefficient use of space from the parking lot and airshaft into an efficient property with
high-quality office space that visually fits into the surrounding community The rezoning will
facilitate the possibility of this additional commercial space at the Property
13
843891011
V COMMUNITY CONTACTS
The community has been aware of AIPACrsquos interest in expanding for over two years
AIPAC representatives have met with ANC 6E twice since October of 2015 The Applicant will
be meeting with ANC 6E at an upcoming public meeting per the ANCrsquos request to review this
application
14
843891011
VI CONCLUSION
For the foregoing reasons the Applicant submits that the enclosed application meets the
standards of Chapter 5 of Subtitle X and Chapter 3 of Subtitle Z of the Zoning Regulations
Accordingly the Applicant respectfully requests that the Zoning Commission set the
rezoning application down for a public hearing at the earliest possible date
Respectfully submitted
GOULSTON amp STORRS PC
__s_____________________
Allison C Prince
__s_____________________
Meghan Hottel-Cox
Date September 1 2017
15
843891011
2nd amp H STREETS NW
By 251 Massachusetts Avenue LLC
APPLICATION TO THE DISTRICT OF COLUMBIA ZONING COMMISSION FOR
AN AMENDMENT TO THE ZONING MAP
September 1 2017
843891011
Applicant 251 Massachusetts Avenue LLC
251 H Street NW
Washington DC 20001
Land Use Counsel Goulston amp Storrs
1999 K Street NW 5th Floor
Washington DC 20006
i
843891011
TABLE OF CONTENTS
TABLE OF CONTENTS II
PREFACE IV
I INTRODUCTION 1
A Summary of Requested Action 1 B The Applicant 2 II THE PROPERTY 4
III PLANNING ANALYSIS ndash LAND USE AND ZONING IMPROVEMENTS 7
IV COMPLIANCE WITH THE COMPREHENSIVE PLAN 8
A Citywide Elements 8 B Compliance with Area Elements 12 V COMMUNITY CONTACTS 14
VI CONCLUSION 15
ii
843891011
EXHIBITS
Exhibit A ndash Application Form and Authorization Letter
Exhibit B ndash Zone Map
Exhibit C ndash Future Land Use Map
Exhibit D ndash Certificate of Notice
Exhibit E ndash Compliance with Regulations
Exhibit F ndash Publicly Available Information
Exhibit G ndash List of Property Owners within 200 feet of the Subject Property
Exhibit H ndash Plat
Exhibit I ndash Site and area photos
iii
843891011
PREFACE
This statement and the attached documents support the application of 251 Massachusetts
Avenue LLC to the Zoning Commission for a Zoning Map Amendment for the property known
as Lot 853 in Square 560 (ldquoSubject Propertyrdquo or ldquoPropertyrdquo) The Subject Property is in the
southern portion of Square 560 a rectangular-shaped block in NW bounded by 2nd 3rd H and K
Streets in Ward 6 The rezoning will facilitate the expansion of an existing office building on
adjacent Lot 852 at 251 H Street (ldquo251 Hrdquo) to meet the immediate and anticipated future growth
needs of the existing occupant of that building a non-profit organization
This application is consistent with the District of Columbia Comprehensive Plan DC
Law 16-300 10A DCMR (Planning and Development) sect 100 et seq (2006) (the
ldquoComprehensive Planrdquo) as well as the goals and policies of the District of Columbia
The Applicant originally proposed to expand 251 H by rezoning both the 251 H property
and the Subject Property to D-6 through the PUD process which would have allowed 130 feet of
building height Ultimately it was determined with input from the Office of Planning that the
rezoning process was simpler and more appropriate for this non-profit and that D-4 zoning while
more restrictive than D-6 would be sufficient to meet the Applicantrsquos needs
Submitted in support of this application are completed application forms a copy of the
notice of intent to file a rezoning application that was mailed to surrounding property owners and
parties (with the certification of mailing and list of property owners) and a map depicting the
Zone Districts for the property and surrounding area As set forth below this statement and the
attached documents meet the filing requirements for a map amendment under Subtitle X Chapter
5 and Subtitle Z Chapter 3 of the District of Columbia Zoning Regulations This application is
being filed as a contested case pursuant to Subtitle Z sect 2012(e) and Subtitle X Chapter 6
iv
843891011
I INTRODUCTION
A Summary of Requested Action
This statement and the attached documents support the application of 251 Massachusetts
Avenue LLC (ldquoOwnerrdquo or ldquoApplicantrdquo) to the Zoning Commission for a Zoning Map
Amendment for the rezoning of the Subject Property known as Lot 853 in Square 560 which is
located along the H Street corridor in Ward 6 within the jurisdiction of Advisory Neighborhood
Commission (ldquoANCrdquo) 6E The Subject Property is approximately four blocks from the Judiciary
Square Metrorail station and five blocks from the Union Station Metrorail station
The Subject Property is improved with a surface parking lot and contains 15000 square
feet of land area The I-395 Freeway runs underneath the Subject Property The site contains a
large and unsightly air shaft that was intended to provide ventilation to the I-395 tunnel The
Property is adjacent to the Applicantrsquos seven-story office building that serves as the headquarters
for the American Israel Public Affairs Committee (ldquoAIPACrdquo) a non-profit organization This
rezoning is driven by AIPACrsquos need to expand The Property can accommodate an addition to
serve the organizationrsquos projected future growth
The Subject Property is located in the High Density Commercial and High Density
Residential Land Use categories on the Future Land Use Map The Subject Property is currently
located in the MU-6 Zone District which was formerly known as the C-2-C Zone District The
Applicant seeks to rezone the property to the D-4 Zone District The Zoning Map Amendment
will not increase the maximum permitted height of 90 feet for the Property While it will only
increase the maximum FAR of 60 to 65 (or 78 if Density Credits are used) it will increase the
maximum permitted commercial FAR from 20 to 60
1
843891011
B The Applicant
The Applicant is a wholly-owned subsidiary of the American Israel Public Affairs
Committee (ldquoAIPACrdquo) AIPAC is a 100000+ member grass roots organization whose mission
is to strengthen protect and promote the US-Israel relationship in ways that enhance the
security of Israel and the United States AIPACrsquos staff and citizen activists educate decision
makers about the bonds that unite the United States and Israel and how it is in Americarsquos best
interest to help ensure that Israel is safe strong and secure The New York Times says AIPAC
is ldquothe most important organization affecting Americarsquos relationship with Israelrdquo
AIPAC is outgrowing its existing headquarters building at 251 H Street NW and the
proposed rezoning of the adjacent lot will facilitate its expansion When opened in February
2008 the current headquarters housed 125 employees In the eight years since opening AIPAC
has grown to 220 employees who currently work in its headquarters It anticipates having further
growth during the next three to five years The Applicant purchased the Property with the
expectation of creating additional space as AIPAC grew The Property will allow for additional
space to ensure that the organization will be able to remain on H Street for the foreseeable future
Notably the Applicant a wholly owned subsidiary of AIPAC is not exempt from real property
taxes in DC The Applicantrsquos current property taxes for the existing headquarters and the
Subject Project are $71706492 annually
Amendments to the Zoning Map are permitted provided that the new zone category is
ldquonot inconsistent with the Comprehensive Planrdquo DC Code Sec 6-64102 We strongly believe
that in this case a Map Amendment is appropriate Consistent with the Comprehensive Planrsquos
designation for the Property the Applicant proposes to rezone the Property to the D-4 Zone
District The D-4 Zone District is appropriate for the High Density CommercialHigh Density
2
843891011
Residential Land Use category After rezoning a potential commercial project under the D-4
Zone District would be permitted a height of 90 feet an FAR of 65 (or 78 with Density
Credits) and 100 lot occupancy
3
843891011
II THE PROPERTY
As described above the Subject Property consists of Lot 853 which is located above the
I-395 highway The parcel is part of a single record lot with other adjacent properties in the
square and is subject to a Single Record Lot Agreement that was originally recorded in 2006 and
was recently amended and restated
The Property is located at the northwestern corner of 2nd and H Streets NW and consists
of approximately 15000 square feet of land area The Property is improved with a surface level
parking lot and an air shaft that was used to vent the highway
The Property is subject to easements and covenants with the District of Columbia that
ensure continued operation of the highway as well as DDOT access to the support facilities
Construction on the Property will require review and approval by DDOT with concurrence by
the Federal Highway Administration Importantly the agreements explicitly list office and other
commercial and institutional uses as permitted uses
The Property is located in the Mount Vernon Triangle neighborhood at the edge of the
Downtown and NoMa neighborhoods and is surrounded by a mix of high density residential and
commercial uses as well as surface parking lots anticipated to be redeveloped As noted below
many of the surrounding properties have been constructed to a height of 130 feet
To the west and north of the Subject Property is an air rights parcel over a one story
portion of building a surface parking lot and along 3rd Street and Mount Carmel Baptist Church
all of which are part of the single record lot with the Subject Property The air rights parcel and
parking lot are anticipated to be redeveloped as a residential apartment building To the west of
the Property across 3rd Street NW is a 12-story residential building Further to the west are a
number of 12- and 13-story residential buildings
4
843891011
To the south of the Property across H Street NW is property that is maintained by the
District as Cobb Park The park is slated for a major renovation that is in the planning stages
Further to the south across Massachusetts Avenue NW is the northern block of the Capitol
Crossing PUD (ZC Order No 08-34) which is under construction and includes 130-foot tall
commercial office buildings To the southeast of the Subject Property at the southeast corner of
the intersection of 2nd and H Streets NW is an eight-story commercial office building
(commonly known as the ldquoDarth Vaderrdquo building) which measures over 100 feet in height and
was constructed pursuant to a PUD approved in ZC Case No 80-07 (ZC Order No 324) This
PUD was recently modified to include a Zoning Map Amendment to the C-4 Zone District
(based on the 1958 Zoning Regulations) to construct an addition allowing a building height of
130 feet and an FAR of 92 (ZC Order No 80-07A) To the east of the Subject Property are
surface parking lots that are being redeveloped pursuant to the Districtrsquos RFP process further to
the east is 77H which was recently redeveloped as a mixed-use residential and retail building
containing a Walmart
The Subject Property is approximately four blocks from the Judiciary Square Metrorail
station and other stations are also located within walking distance Additionally the Maryland
and Virginia commuter train services (MARC and VRE respectively) both service Union
Station which is six blocks from the Subject Property Multiple Metrobus lines also service the
Property
The Subject Property was formerly designated as C-2-C and is now designated as MU-6
Zone District under the 2016 Zoning Regulations Surrounding property to the north and west of
the Subject Property is located in the MU-6 and D-4-R Zone Districts Cobb Park to the south is
located in the D-4 Zone District the property further to the south in the Capitol Crossing PUD
5
843891011
was rezoned to the C-4 Zone District under the 1958 Zoning Regulations which is now known as
D-6 Property to the southeast is in the D-3 Zone District The triangular parcel immediately to
the east of the Subject Property is located in the MU-4 Zone District this parcel is District-
owned RFP site that is slated for development with a mixed-use residential building with ground
floor retail and a rezoning to the D-4-R Zone District (ZC Case 17-06) Property further to the
east is located in the MU-9 Zone District
6
843891011
IIIPLANNING ANALYSIS ndash LAND USE AND ZONING IMPROVEMENTS
As detailed in Section IV the proposed Map Amendment is fully consistent with the
goals and policies of the Comprehensive Plan for the District of Columbia which designate the
Subject Property for High Density Commercial and High Density Residential land use
Specifically the rezoning will allow for the expansion of AIPACrsquos existing nonprofit
headquarters in a transit-oriented location and high-demand area adjacent to the Central
Employment Area The proposed expansion under D-4 zoning will be appropriate given the
proximity to transit the height and mass of surrounding buildings along H Street and
Massachusetts Avenue and the lack of adverse impacts on nearby residential areas The
rezoning will have a positive land use impact that is consistent with the Comprehensive Plan and
other planning goals of the District of Columbia
The Applicant requests a Zoning Map Amendment for the Subject Property to the D-4
Zone District This proposed zone plan is consistent with the Comprehensive Plan As discussed
more fully in Section IV the Future Land Use Map of the Comprehensive Plan locates the
Subject Property in the High Density Commercial and High Density Residential categories The
proposed D-4 zoning is necessary to accommodate the needed commercial density The
Comprehensive Plan states that the proposed D-4 Zone District (formerly C-3-C) is consistent
with the Future Land Use Map designation Accordingly the proposed rezoning of the Subject
Property to the D-4 Zone District is consistent with the Comprehensive Plan
7
843891011
IV COMPLIANCE WITH THE COMPREHENSIVE PLAN
The proposed rezoning is consistent with and fosters numerous goals and policies of the
Comprehensive Plan
The purposes of the District elements of the Comprehensive Plan for the National Capital are to (1) Define the requirements and aspirations of District residents and accordingly influence social economic and physical development (2) Guide executive and legislative decisions on matters affecting the District and its citizens (3) Promote economic growth and jobs for District residents (4) Guide private and public development in order to achieve District and community goals (5) Maintain and enhance the natural and architectural assets of the District and (6) Assist in the conservation stabilization and improvement of each neighborhood and community in the District
DC Code sect 1-30601(b) (2006) The proposed rezoning significantly advances these purposes
by furthering the physical and economic development of the District by facilitating the
redevelopment of a parking lot into an efficient addition to an existing office building in close
proximity to multiple Metrorail stations and other modes of transportation
A Citywide Elements
1 Framework Elements and Maps
The Framework Element provides guidelines for using the Future Land Use Map This
Element states that the Future Land Use Map should be interpreted ldquobroadlyrdquo and notes that the
zoning for an area should be guided by the Future Land Use Map interpreted in conjunction with
the text of the entire Comprehensive Plan
On the Future Land Use Map the Subject Property is mapped for High Density
Commercial and High Density Residential uses The High Density Commercial category
ldquodefine[s] the central employment district of the city and other major office employment centers
on the downtown perimeter It is characterized by office and mixed officeretail buildings greater
than eight stories in heightrdquo sect22511 The Zone Districts corresponding to High Density
Commercial areas include C-2-C C-3-C C-4 and C-5 the current designations for which are D-
8
843891011
4 D-5 D-6 and D-7 The High Density Residential category ldquodefine[s] neighborhoods and
corridors where high-rise (8 stories or more) apartment buildings are the predominant userdquo
sect2256 The Comprehensive Plan provides that R-5-D and R-5-E (now RA-4 and RA-5) Zone
Districts are consistent with High Density Residential
The rezoning is consistent with these definitions and the Zone Districts in this area Also
the rezoning will further the Elementrsquos goals of ldquoredevelopment and infill opportunities along
corridors and near transit stationsrdquo sect2176 as it will attain for more efficient use of the parking
lot space on H Street Finally the rezoning will strengthen downtown as ldquothe regionrsquos major
employment centerrdquo which the Element encourages by increasing the amount of commercial
development consistent with the Comprehensive Plan sect2188
On the Generalized Policy Map the Subject Property is designed as a ldquoLand Use Change
Areardquo Land Use Change Areas are identified as the areas where development is most
anticipated and ldquorepresent much of the cityrsquos supply of vacant and underutilized landrdquo sect22310
The Element designates areas as Land Use Change Areas to ldquoencourage and facilitate new
development and promote the adaptive reuse of existing structuresrdquo sect22311 ldquoThe District
aspires to create high quality environments that include exemplary site and architectural design
and that are compatible with and do not negatively impact nearby neighborhoodsrdquo sect22312 The
proposed rezoning will allow a quintessential Land Use Change Area development The
rezoning will facilitate the conversion of underutilized land into a space for high-quality
development
2 Land Use Element
The proposed rezoning advances several policies of the Land Use Element First the
Land Use Element encourages development using Metro stations as ldquoanchorsrdquo sect 30610 (LU-
9
843891011
131 Station Areas as Neighborhood Centers) as the best opportunities for infill development
sect 30611 (LU-132 Development around Metrorail Stations) and as pedestrian-oriented nodes
sect 3129 (LU-245 Encouraging Nodal Development) Here the Propertyrsquos proximity to the
Judiciary Square and other Metrorail stations furthers this use of Metro stations as anchors The
Property will be developed with the sort of pedestrian-oriented infill development promoted by
the Land Use Element
Second the Land Use Elements also seeks to foster the Central Employment Area as the
prime location for work in the District The Central Employment Area should ldquopromote the use
of this area with high-value land uses that enhance its image as the seat of the national
government and the center of the District of Columbia and that make the most efficient possible
use of its transportation facilitiesrdquo sect3049 (LU-114 Appropriate Uses in the CEA) The
Element specifies ldquothe CEA shall include the greater concentration of the cityrsquos private office
developmentrdquo sect3048 (LU-113 Central Employment Area) The Subject Property is located
adjacent to the Central Employment Area the boundary of which is H Street NW The rezoning
furthers the goals of the Element by not only creating more employment but by creating the
opportunity for additional office space adjacent to the Central Employment Area without
overburdening the congested office use in the ldquotraditionalrdquo downtown The rezoning also
encourages efficient use of the nearby transit facilities for employees coming to the Subject
Property
Third and finally the Land Use Element encourages creative parking management to
respond to the level of demand and mitigate congestion sectsect 30615 30916 and 31212 (LU-
136 Parking near Metro Stations LU-2111 Residential Parking Requirements and LU-248
Addressing Commercial Parking Impacts) The Element focuses developments on placing ldquoa
10
843891011
priority on attractive pedestrian-friendly design and a de-emphasis on auto-oriented uses and
surface parkingrdquo sect3064 (LU-13 Transit-Oriented and Corridor Development) Here the
rezoning meets the objectives of the Land Use Element by allowing for the future elimination of
the existing surface parking near a Metro station and offering an appropriate amount of enclosed
parking for employees
3 Other Elements
This rezoning is also consistent with policies in the Transportation Economic
Development and Urban Design Elements of the Comprehensive Plan The Transportation
Element encourages pedestrian-oriented development around transit stations sect 4031 (T-114
Transit-Oriented Development) and discourages auto-oriented uses such as ldquodrive-throughrdquo
business large surface parking lots and new curb cuts sect 4048 (T-123 Discouraging Auto-
Oriented Uses) The redevelopment of this site will be consistent with these objections and the
rezoning will encourage such a transit-oriented development As discussed the Property is
located in close proximity to multiple Metrorail stations Additionally there are many other bus
lines in the area and the commuter rail lines at Union Station are within a mile of the Subject
Property Therefore the redevelopment of the Property will enhance the use of public transit
based on the convenient location
The Economic Development Element encourages development that expands the office
sector in locations in the Central Washington area sect7076 (ED-211 Office Growth) A rezoning
that will allow the expansion of office space will constitute ldquoinfill and renovation within
established commercial districts to more efficiently use available space while providing
additional opportunities for spacerdquo sect70710 (ED-215 Infill and Renovation) Here the proposed
rezoning will facilitate the conversion of a surface parking lot to new office use amidst growing
11
843891011
demand in Mount Vernon Triangle thus providing more office space for the expanding demand
in a transit-rich area of the District
Finally the Map Amendment also supports the Urban Design Element of the
Comprehensive Plan First it furthers the Elementrsquos goal of view protection along H Street
Currently at the Subject Property there is an airshaft set apart from any other structures which
does not ldquoprovide greater focus and frame important vistas along thoroughfaresrdquo sect9064
(UD-14 Reinforcing Boulevards and Gateways) The rezoning will allow for a development that
may eliminate or wrap around the airshaft and allowing for a cohesive view that is uniform and
visually appealing
Additionally the Project also furthers the Elementrsquos goal of ldquoencourage[ing] creative
solutions for designing structured parking to minimize its visual prominencerdquo sect91021 (UD-
2211 Parking Structures) Instead of the current surface lot on the Subject Property a new
addition would enclose parking in the structure making it visually appealing and using the space
in an efficient way
B Compliance with Area Elements
The Subject Property is within the Central Washington Area Element This Element
encourages ldquoretain[ing] Central Washington as the premier office location in the Greater
Washington regionrdquo and guiding development ldquoeastward from its current area of concentrationrdquo
sect16083 (CW-112 Central Washington Office Growth) The Elementrsquos goals also include
making Central Washington ldquoa diverse placerdquo and states that ldquonon-profits also provide
desirable diversityrdquo sect16072 (Planning and Development Priorities) The proposed rezoning is
also consistent with the Elementrsquos goals for the specific Mount Vernon Triangle Area Echoing
policies elsewhere in the Comprehensive Plan the Central Washington Area Element encourages
projects in Mount Vernon Triangle to create ldquoeconomic valuerdquo and a ldquoquality environmentrdquo for
12
843891011
the area sect16145 (CW-24 Mount Vernon District) The proposed rezoning will serve all of these
goals ndash the non-profit AIPAC seeks to expand its current office and create more office space
outside of the current concentration of office spaces in downtown The addition will also make a
current inefficient use of space from the parking lot and airshaft into an efficient property with
high-quality office space that visually fits into the surrounding community The rezoning will
facilitate the possibility of this additional commercial space at the Property
13
843891011
V COMMUNITY CONTACTS
The community has been aware of AIPACrsquos interest in expanding for over two years
AIPAC representatives have met with ANC 6E twice since October of 2015 The Applicant will
be meeting with ANC 6E at an upcoming public meeting per the ANCrsquos request to review this
application
14
843891011
VI CONCLUSION
For the foregoing reasons the Applicant submits that the enclosed application meets the
standards of Chapter 5 of Subtitle X and Chapter 3 of Subtitle Z of the Zoning Regulations
Accordingly the Applicant respectfully requests that the Zoning Commission set the
rezoning application down for a public hearing at the earliest possible date
Respectfully submitted
GOULSTON amp STORRS PC
__s_____________________
Allison C Prince
__s_____________________
Meghan Hottel-Cox
Date September 1 2017
15
843891011
2nd amp H STREETS NW
By 251 Massachusetts Avenue LLC
APPLICATION TO THE DISTRICT OF COLUMBIA ZONING COMMISSION FOR
AN AMENDMENT TO THE ZONING MAP
September 1 2017
843891011
Applicant 251 Massachusetts Avenue LLC
251 H Street NW
Washington DC 20001
Land Use Counsel Goulston amp Storrs
1999 K Street NW 5th Floor
Washington DC 20006
i
843891011
TABLE OF CONTENTS
TABLE OF CONTENTS II
PREFACE IV
I INTRODUCTION 1
A Summary of Requested Action 1 B The Applicant 2 II THE PROPERTY 4
III PLANNING ANALYSIS ndash LAND USE AND ZONING IMPROVEMENTS 7
IV COMPLIANCE WITH THE COMPREHENSIVE PLAN 8
A Citywide Elements 8 B Compliance with Area Elements 12 V COMMUNITY CONTACTS 14
VI CONCLUSION 15
ii
843891011
EXHIBITS
Exhibit A ndash Application Form and Authorization Letter
Exhibit B ndash Zone Map
Exhibit C ndash Future Land Use Map
Exhibit D ndash Certificate of Notice
Exhibit E ndash Compliance with Regulations
Exhibit F ndash Publicly Available Information
Exhibit G ndash List of Property Owners within 200 feet of the Subject Property
Exhibit H ndash Plat
Exhibit I ndash Site and area photos
iii
843891011
PREFACE
This statement and the attached documents support the application of 251 Massachusetts
Avenue LLC to the Zoning Commission for a Zoning Map Amendment for the property known
as Lot 853 in Square 560 (ldquoSubject Propertyrdquo or ldquoPropertyrdquo) The Subject Property is in the
southern portion of Square 560 a rectangular-shaped block in NW bounded by 2nd 3rd H and K
Streets in Ward 6 The rezoning will facilitate the expansion of an existing office building on
adjacent Lot 852 at 251 H Street (ldquo251 Hrdquo) to meet the immediate and anticipated future growth
needs of the existing occupant of that building a non-profit organization
This application is consistent with the District of Columbia Comprehensive Plan DC
Law 16-300 10A DCMR (Planning and Development) sect 100 et seq (2006) (the
ldquoComprehensive Planrdquo) as well as the goals and policies of the District of Columbia
The Applicant originally proposed to expand 251 H by rezoning both the 251 H property
and the Subject Property to D-6 through the PUD process which would have allowed 130 feet of
building height Ultimately it was determined with input from the Office of Planning that the
rezoning process was simpler and more appropriate for this non-profit and that D-4 zoning while
more restrictive than D-6 would be sufficient to meet the Applicantrsquos needs
Submitted in support of this application are completed application forms a copy of the
notice of intent to file a rezoning application that was mailed to surrounding property owners and
parties (with the certification of mailing and list of property owners) and a map depicting the
Zone Districts for the property and surrounding area As set forth below this statement and the
attached documents meet the filing requirements for a map amendment under Subtitle X Chapter
5 and Subtitle Z Chapter 3 of the District of Columbia Zoning Regulations This application is
being filed as a contested case pursuant to Subtitle Z sect 2012(e) and Subtitle X Chapter 6
iv
843891011
I INTRODUCTION
A Summary of Requested Action
This statement and the attached documents support the application of 251 Massachusetts
Avenue LLC (ldquoOwnerrdquo or ldquoApplicantrdquo) to the Zoning Commission for a Zoning Map
Amendment for the rezoning of the Subject Property known as Lot 853 in Square 560 which is
located along the H Street corridor in Ward 6 within the jurisdiction of Advisory Neighborhood
Commission (ldquoANCrdquo) 6E The Subject Property is approximately four blocks from the Judiciary
Square Metrorail station and five blocks from the Union Station Metrorail station
The Subject Property is improved with a surface parking lot and contains 15000 square
feet of land area The I-395 Freeway runs underneath the Subject Property The site contains a
large and unsightly air shaft that was intended to provide ventilation to the I-395 tunnel The
Property is adjacent to the Applicantrsquos seven-story office building that serves as the headquarters
for the American Israel Public Affairs Committee (ldquoAIPACrdquo) a non-profit organization This
rezoning is driven by AIPACrsquos need to expand The Property can accommodate an addition to
serve the organizationrsquos projected future growth
The Subject Property is located in the High Density Commercial and High Density
Residential Land Use categories on the Future Land Use Map The Subject Property is currently
located in the MU-6 Zone District which was formerly known as the C-2-C Zone District The
Applicant seeks to rezone the property to the D-4 Zone District The Zoning Map Amendment
will not increase the maximum permitted height of 90 feet for the Property While it will only
increase the maximum FAR of 60 to 65 (or 78 if Density Credits are used) it will increase the
maximum permitted commercial FAR from 20 to 60
1
843891011
B The Applicant
The Applicant is a wholly-owned subsidiary of the American Israel Public Affairs
Committee (ldquoAIPACrdquo) AIPAC is a 100000+ member grass roots organization whose mission
is to strengthen protect and promote the US-Israel relationship in ways that enhance the
security of Israel and the United States AIPACrsquos staff and citizen activists educate decision
makers about the bonds that unite the United States and Israel and how it is in Americarsquos best
interest to help ensure that Israel is safe strong and secure The New York Times says AIPAC
is ldquothe most important organization affecting Americarsquos relationship with Israelrdquo
AIPAC is outgrowing its existing headquarters building at 251 H Street NW and the
proposed rezoning of the adjacent lot will facilitate its expansion When opened in February
2008 the current headquarters housed 125 employees In the eight years since opening AIPAC
has grown to 220 employees who currently work in its headquarters It anticipates having further
growth during the next three to five years The Applicant purchased the Property with the
expectation of creating additional space as AIPAC grew The Property will allow for additional
space to ensure that the organization will be able to remain on H Street for the foreseeable future
Notably the Applicant a wholly owned subsidiary of AIPAC is not exempt from real property
taxes in DC The Applicantrsquos current property taxes for the existing headquarters and the
Subject Project are $71706492 annually
Amendments to the Zoning Map are permitted provided that the new zone category is
ldquonot inconsistent with the Comprehensive Planrdquo DC Code Sec 6-64102 We strongly believe
that in this case a Map Amendment is appropriate Consistent with the Comprehensive Planrsquos
designation for the Property the Applicant proposes to rezone the Property to the D-4 Zone
District The D-4 Zone District is appropriate for the High Density CommercialHigh Density
2
843891011
Residential Land Use category After rezoning a potential commercial project under the D-4
Zone District would be permitted a height of 90 feet an FAR of 65 (or 78 with Density
Credits) and 100 lot occupancy
3
843891011
II THE PROPERTY
As described above the Subject Property consists of Lot 853 which is located above the
I-395 highway The parcel is part of a single record lot with other adjacent properties in the
square and is subject to a Single Record Lot Agreement that was originally recorded in 2006 and
was recently amended and restated
The Property is located at the northwestern corner of 2nd and H Streets NW and consists
of approximately 15000 square feet of land area The Property is improved with a surface level
parking lot and an air shaft that was used to vent the highway
The Property is subject to easements and covenants with the District of Columbia that
ensure continued operation of the highway as well as DDOT access to the support facilities
Construction on the Property will require review and approval by DDOT with concurrence by
the Federal Highway Administration Importantly the agreements explicitly list office and other
commercial and institutional uses as permitted uses
The Property is located in the Mount Vernon Triangle neighborhood at the edge of the
Downtown and NoMa neighborhoods and is surrounded by a mix of high density residential and
commercial uses as well as surface parking lots anticipated to be redeveloped As noted below
many of the surrounding properties have been constructed to a height of 130 feet
To the west and north of the Subject Property is an air rights parcel over a one story
portion of building a surface parking lot and along 3rd Street and Mount Carmel Baptist Church
all of which are part of the single record lot with the Subject Property The air rights parcel and
parking lot are anticipated to be redeveloped as a residential apartment building To the west of
the Property across 3rd Street NW is a 12-story residential building Further to the west are a
number of 12- and 13-story residential buildings
4
843891011
To the south of the Property across H Street NW is property that is maintained by the
District as Cobb Park The park is slated for a major renovation that is in the planning stages
Further to the south across Massachusetts Avenue NW is the northern block of the Capitol
Crossing PUD (ZC Order No 08-34) which is under construction and includes 130-foot tall
commercial office buildings To the southeast of the Subject Property at the southeast corner of
the intersection of 2nd and H Streets NW is an eight-story commercial office building
(commonly known as the ldquoDarth Vaderrdquo building) which measures over 100 feet in height and
was constructed pursuant to a PUD approved in ZC Case No 80-07 (ZC Order No 324) This
PUD was recently modified to include a Zoning Map Amendment to the C-4 Zone District
(based on the 1958 Zoning Regulations) to construct an addition allowing a building height of
130 feet and an FAR of 92 (ZC Order No 80-07A) To the east of the Subject Property are
surface parking lots that are being redeveloped pursuant to the Districtrsquos RFP process further to
the east is 77H which was recently redeveloped as a mixed-use residential and retail building
containing a Walmart
The Subject Property is approximately four blocks from the Judiciary Square Metrorail
station and other stations are also located within walking distance Additionally the Maryland
and Virginia commuter train services (MARC and VRE respectively) both service Union
Station which is six blocks from the Subject Property Multiple Metrobus lines also service the
Property
The Subject Property was formerly designated as C-2-C and is now designated as MU-6
Zone District under the 2016 Zoning Regulations Surrounding property to the north and west of
the Subject Property is located in the MU-6 and D-4-R Zone Districts Cobb Park to the south is
located in the D-4 Zone District the property further to the south in the Capitol Crossing PUD
5
843891011
was rezoned to the C-4 Zone District under the 1958 Zoning Regulations which is now known as
D-6 Property to the southeast is in the D-3 Zone District The triangular parcel immediately to
the east of the Subject Property is located in the MU-4 Zone District this parcel is District-
owned RFP site that is slated for development with a mixed-use residential building with ground
floor retail and a rezoning to the D-4-R Zone District (ZC Case 17-06) Property further to the
east is located in the MU-9 Zone District
6
843891011
IIIPLANNING ANALYSIS ndash LAND USE AND ZONING IMPROVEMENTS
As detailed in Section IV the proposed Map Amendment is fully consistent with the
goals and policies of the Comprehensive Plan for the District of Columbia which designate the
Subject Property for High Density Commercial and High Density Residential land use
Specifically the rezoning will allow for the expansion of AIPACrsquos existing nonprofit
headquarters in a transit-oriented location and high-demand area adjacent to the Central
Employment Area The proposed expansion under D-4 zoning will be appropriate given the
proximity to transit the height and mass of surrounding buildings along H Street and
Massachusetts Avenue and the lack of adverse impacts on nearby residential areas The
rezoning will have a positive land use impact that is consistent with the Comprehensive Plan and
other planning goals of the District of Columbia
The Applicant requests a Zoning Map Amendment for the Subject Property to the D-4
Zone District This proposed zone plan is consistent with the Comprehensive Plan As discussed
more fully in Section IV the Future Land Use Map of the Comprehensive Plan locates the
Subject Property in the High Density Commercial and High Density Residential categories The
proposed D-4 zoning is necessary to accommodate the needed commercial density The
Comprehensive Plan states that the proposed D-4 Zone District (formerly C-3-C) is consistent
with the Future Land Use Map designation Accordingly the proposed rezoning of the Subject
Property to the D-4 Zone District is consistent with the Comprehensive Plan
7
843891011
IV COMPLIANCE WITH THE COMPREHENSIVE PLAN
The proposed rezoning is consistent with and fosters numerous goals and policies of the
Comprehensive Plan
The purposes of the District elements of the Comprehensive Plan for the National Capital are to (1) Define the requirements and aspirations of District residents and accordingly influence social economic and physical development (2) Guide executive and legislative decisions on matters affecting the District and its citizens (3) Promote economic growth and jobs for District residents (4) Guide private and public development in order to achieve District and community goals (5) Maintain and enhance the natural and architectural assets of the District and (6) Assist in the conservation stabilization and improvement of each neighborhood and community in the District
DC Code sect 1-30601(b) (2006) The proposed rezoning significantly advances these purposes
by furthering the physical and economic development of the District by facilitating the
redevelopment of a parking lot into an efficient addition to an existing office building in close
proximity to multiple Metrorail stations and other modes of transportation
A Citywide Elements
1 Framework Elements and Maps
The Framework Element provides guidelines for using the Future Land Use Map This
Element states that the Future Land Use Map should be interpreted ldquobroadlyrdquo and notes that the
zoning for an area should be guided by the Future Land Use Map interpreted in conjunction with
the text of the entire Comprehensive Plan
On the Future Land Use Map the Subject Property is mapped for High Density
Commercial and High Density Residential uses The High Density Commercial category
ldquodefine[s] the central employment district of the city and other major office employment centers
on the downtown perimeter It is characterized by office and mixed officeretail buildings greater
than eight stories in heightrdquo sect22511 The Zone Districts corresponding to High Density
Commercial areas include C-2-C C-3-C C-4 and C-5 the current designations for which are D-
8
843891011
4 D-5 D-6 and D-7 The High Density Residential category ldquodefine[s] neighborhoods and
corridors where high-rise (8 stories or more) apartment buildings are the predominant userdquo
sect2256 The Comprehensive Plan provides that R-5-D and R-5-E (now RA-4 and RA-5) Zone
Districts are consistent with High Density Residential
The rezoning is consistent with these definitions and the Zone Districts in this area Also
the rezoning will further the Elementrsquos goals of ldquoredevelopment and infill opportunities along
corridors and near transit stationsrdquo sect2176 as it will attain for more efficient use of the parking
lot space on H Street Finally the rezoning will strengthen downtown as ldquothe regionrsquos major
employment centerrdquo which the Element encourages by increasing the amount of commercial
development consistent with the Comprehensive Plan sect2188
On the Generalized Policy Map the Subject Property is designed as a ldquoLand Use Change
Areardquo Land Use Change Areas are identified as the areas where development is most
anticipated and ldquorepresent much of the cityrsquos supply of vacant and underutilized landrdquo sect22310
The Element designates areas as Land Use Change Areas to ldquoencourage and facilitate new
development and promote the adaptive reuse of existing structuresrdquo sect22311 ldquoThe District
aspires to create high quality environments that include exemplary site and architectural design
and that are compatible with and do not negatively impact nearby neighborhoodsrdquo sect22312 The
proposed rezoning will allow a quintessential Land Use Change Area development The
rezoning will facilitate the conversion of underutilized land into a space for high-quality
development
2 Land Use Element
The proposed rezoning advances several policies of the Land Use Element First the
Land Use Element encourages development using Metro stations as ldquoanchorsrdquo sect 30610 (LU-
9
843891011
131 Station Areas as Neighborhood Centers) as the best opportunities for infill development
sect 30611 (LU-132 Development around Metrorail Stations) and as pedestrian-oriented nodes
sect 3129 (LU-245 Encouraging Nodal Development) Here the Propertyrsquos proximity to the
Judiciary Square and other Metrorail stations furthers this use of Metro stations as anchors The
Property will be developed with the sort of pedestrian-oriented infill development promoted by
the Land Use Element
Second the Land Use Elements also seeks to foster the Central Employment Area as the
prime location for work in the District The Central Employment Area should ldquopromote the use
of this area with high-value land uses that enhance its image as the seat of the national
government and the center of the District of Columbia and that make the most efficient possible
use of its transportation facilitiesrdquo sect3049 (LU-114 Appropriate Uses in the CEA) The
Element specifies ldquothe CEA shall include the greater concentration of the cityrsquos private office
developmentrdquo sect3048 (LU-113 Central Employment Area) The Subject Property is located
adjacent to the Central Employment Area the boundary of which is H Street NW The rezoning
furthers the goals of the Element by not only creating more employment but by creating the
opportunity for additional office space adjacent to the Central Employment Area without
overburdening the congested office use in the ldquotraditionalrdquo downtown The rezoning also
encourages efficient use of the nearby transit facilities for employees coming to the Subject
Property
Third and finally the Land Use Element encourages creative parking management to
respond to the level of demand and mitigate congestion sectsect 30615 30916 and 31212 (LU-
136 Parking near Metro Stations LU-2111 Residential Parking Requirements and LU-248
Addressing Commercial Parking Impacts) The Element focuses developments on placing ldquoa
10
843891011
priority on attractive pedestrian-friendly design and a de-emphasis on auto-oriented uses and
surface parkingrdquo sect3064 (LU-13 Transit-Oriented and Corridor Development) Here the
rezoning meets the objectives of the Land Use Element by allowing for the future elimination of
the existing surface parking near a Metro station and offering an appropriate amount of enclosed
parking for employees
3 Other Elements
This rezoning is also consistent with policies in the Transportation Economic
Development and Urban Design Elements of the Comprehensive Plan The Transportation
Element encourages pedestrian-oriented development around transit stations sect 4031 (T-114
Transit-Oriented Development) and discourages auto-oriented uses such as ldquodrive-throughrdquo
business large surface parking lots and new curb cuts sect 4048 (T-123 Discouraging Auto-
Oriented Uses) The redevelopment of this site will be consistent with these objections and the
rezoning will encourage such a transit-oriented development As discussed the Property is
located in close proximity to multiple Metrorail stations Additionally there are many other bus
lines in the area and the commuter rail lines at Union Station are within a mile of the Subject
Property Therefore the redevelopment of the Property will enhance the use of public transit
based on the convenient location
The Economic Development Element encourages development that expands the office
sector in locations in the Central Washington area sect7076 (ED-211 Office Growth) A rezoning
that will allow the expansion of office space will constitute ldquoinfill and renovation within
established commercial districts to more efficiently use available space while providing
additional opportunities for spacerdquo sect70710 (ED-215 Infill and Renovation) Here the proposed
rezoning will facilitate the conversion of a surface parking lot to new office use amidst growing
11
843891011
demand in Mount Vernon Triangle thus providing more office space for the expanding demand
in a transit-rich area of the District
Finally the Map Amendment also supports the Urban Design Element of the
Comprehensive Plan First it furthers the Elementrsquos goal of view protection along H Street
Currently at the Subject Property there is an airshaft set apart from any other structures which
does not ldquoprovide greater focus and frame important vistas along thoroughfaresrdquo sect9064
(UD-14 Reinforcing Boulevards and Gateways) The rezoning will allow for a development that
may eliminate or wrap around the airshaft and allowing for a cohesive view that is uniform and
visually appealing
Additionally the Project also furthers the Elementrsquos goal of ldquoencourage[ing] creative
solutions for designing structured parking to minimize its visual prominencerdquo sect91021 (UD-
2211 Parking Structures) Instead of the current surface lot on the Subject Property a new
addition would enclose parking in the structure making it visually appealing and using the space
in an efficient way
B Compliance with Area Elements
The Subject Property is within the Central Washington Area Element This Element
encourages ldquoretain[ing] Central Washington as the premier office location in the Greater
Washington regionrdquo and guiding development ldquoeastward from its current area of concentrationrdquo
sect16083 (CW-112 Central Washington Office Growth) The Elementrsquos goals also include
making Central Washington ldquoa diverse placerdquo and states that ldquonon-profits also provide
desirable diversityrdquo sect16072 (Planning and Development Priorities) The proposed rezoning is
also consistent with the Elementrsquos goals for the specific Mount Vernon Triangle Area Echoing
policies elsewhere in the Comprehensive Plan the Central Washington Area Element encourages
projects in Mount Vernon Triangle to create ldquoeconomic valuerdquo and a ldquoquality environmentrdquo for
12
843891011
the area sect16145 (CW-24 Mount Vernon District) The proposed rezoning will serve all of these
goals ndash the non-profit AIPAC seeks to expand its current office and create more office space
outside of the current concentration of office spaces in downtown The addition will also make a
current inefficient use of space from the parking lot and airshaft into an efficient property with
high-quality office space that visually fits into the surrounding community The rezoning will
facilitate the possibility of this additional commercial space at the Property
13
843891011
V COMMUNITY CONTACTS
The community has been aware of AIPACrsquos interest in expanding for over two years
AIPAC representatives have met with ANC 6E twice since October of 2015 The Applicant will
be meeting with ANC 6E at an upcoming public meeting per the ANCrsquos request to review this
application
14
843891011
VI CONCLUSION
For the foregoing reasons the Applicant submits that the enclosed application meets the
standards of Chapter 5 of Subtitle X and Chapter 3 of Subtitle Z of the Zoning Regulations
Accordingly the Applicant respectfully requests that the Zoning Commission set the
rezoning application down for a public hearing at the earliest possible date
Respectfully submitted
GOULSTON amp STORRS PC
__s_____________________
Allison C Prince
__s_____________________
Meghan Hottel-Cox
Date September 1 2017
15
843891011
2nd amp H STREETS NW
By 251 Massachusetts Avenue LLC
APPLICATION TO THE DISTRICT OF COLUMBIA ZONING COMMISSION FOR
AN AMENDMENT TO THE ZONING MAP
September 1 2017
843891011
Applicant 251 Massachusetts Avenue LLC
251 H Street NW
Washington DC 20001
Land Use Counsel Goulston amp Storrs
1999 K Street NW 5th Floor
Washington DC 20006
i
843891011
TABLE OF CONTENTS
TABLE OF CONTENTS II
PREFACE IV
I INTRODUCTION 1
A Summary of Requested Action 1 B The Applicant 2 II THE PROPERTY 4
III PLANNING ANALYSIS ndash LAND USE AND ZONING IMPROVEMENTS 7
IV COMPLIANCE WITH THE COMPREHENSIVE PLAN 8
A Citywide Elements 8 B Compliance with Area Elements 12 V COMMUNITY CONTACTS 14
VI CONCLUSION 15
ii
843891011
EXHIBITS
Exhibit A ndash Application Form and Authorization Letter
Exhibit B ndash Zone Map
Exhibit C ndash Future Land Use Map
Exhibit D ndash Certificate of Notice
Exhibit E ndash Compliance with Regulations
Exhibit F ndash Publicly Available Information
Exhibit G ndash List of Property Owners within 200 feet of the Subject Property
Exhibit H ndash Plat
Exhibit I ndash Site and area photos
iii
843891011
PREFACE
This statement and the attached documents support the application of 251 Massachusetts
Avenue LLC to the Zoning Commission for a Zoning Map Amendment for the property known
as Lot 853 in Square 560 (ldquoSubject Propertyrdquo or ldquoPropertyrdquo) The Subject Property is in the
southern portion of Square 560 a rectangular-shaped block in NW bounded by 2nd 3rd H and K
Streets in Ward 6 The rezoning will facilitate the expansion of an existing office building on
adjacent Lot 852 at 251 H Street (ldquo251 Hrdquo) to meet the immediate and anticipated future growth
needs of the existing occupant of that building a non-profit organization
This application is consistent with the District of Columbia Comprehensive Plan DC
Law 16-300 10A DCMR (Planning and Development) sect 100 et seq (2006) (the
ldquoComprehensive Planrdquo) as well as the goals and policies of the District of Columbia
The Applicant originally proposed to expand 251 H by rezoning both the 251 H property
and the Subject Property to D-6 through the PUD process which would have allowed 130 feet of
building height Ultimately it was determined with input from the Office of Planning that the
rezoning process was simpler and more appropriate for this non-profit and that D-4 zoning while
more restrictive than D-6 would be sufficient to meet the Applicantrsquos needs
Submitted in support of this application are completed application forms a copy of the
notice of intent to file a rezoning application that was mailed to surrounding property owners and
parties (with the certification of mailing and list of property owners) and a map depicting the
Zone Districts for the property and surrounding area As set forth below this statement and the
attached documents meet the filing requirements for a map amendment under Subtitle X Chapter
5 and Subtitle Z Chapter 3 of the District of Columbia Zoning Regulations This application is
being filed as a contested case pursuant to Subtitle Z sect 2012(e) and Subtitle X Chapter 6
iv
843891011
I INTRODUCTION
A Summary of Requested Action
This statement and the attached documents support the application of 251 Massachusetts
Avenue LLC (ldquoOwnerrdquo or ldquoApplicantrdquo) to the Zoning Commission for a Zoning Map
Amendment for the rezoning of the Subject Property known as Lot 853 in Square 560 which is
located along the H Street corridor in Ward 6 within the jurisdiction of Advisory Neighborhood
Commission (ldquoANCrdquo) 6E The Subject Property is approximately four blocks from the Judiciary
Square Metrorail station and five blocks from the Union Station Metrorail station
The Subject Property is improved with a surface parking lot and contains 15000 square
feet of land area The I-395 Freeway runs underneath the Subject Property The site contains a
large and unsightly air shaft that was intended to provide ventilation to the I-395 tunnel The
Property is adjacent to the Applicantrsquos seven-story office building that serves as the headquarters
for the American Israel Public Affairs Committee (ldquoAIPACrdquo) a non-profit organization This
rezoning is driven by AIPACrsquos need to expand The Property can accommodate an addition to
serve the organizationrsquos projected future growth
The Subject Property is located in the High Density Commercial and High Density
Residential Land Use categories on the Future Land Use Map The Subject Property is currently
located in the MU-6 Zone District which was formerly known as the C-2-C Zone District The
Applicant seeks to rezone the property to the D-4 Zone District The Zoning Map Amendment
will not increase the maximum permitted height of 90 feet for the Property While it will only
increase the maximum FAR of 60 to 65 (or 78 if Density Credits are used) it will increase the
maximum permitted commercial FAR from 20 to 60
1
843891011
B The Applicant
The Applicant is a wholly-owned subsidiary of the American Israel Public Affairs
Committee (ldquoAIPACrdquo) AIPAC is a 100000+ member grass roots organization whose mission
is to strengthen protect and promote the US-Israel relationship in ways that enhance the
security of Israel and the United States AIPACrsquos staff and citizen activists educate decision
makers about the bonds that unite the United States and Israel and how it is in Americarsquos best
interest to help ensure that Israel is safe strong and secure The New York Times says AIPAC
is ldquothe most important organization affecting Americarsquos relationship with Israelrdquo
AIPAC is outgrowing its existing headquarters building at 251 H Street NW and the
proposed rezoning of the adjacent lot will facilitate its expansion When opened in February
2008 the current headquarters housed 125 employees In the eight years since opening AIPAC
has grown to 220 employees who currently work in its headquarters It anticipates having further
growth during the next three to five years The Applicant purchased the Property with the
expectation of creating additional space as AIPAC grew The Property will allow for additional
space to ensure that the organization will be able to remain on H Street for the foreseeable future
Notably the Applicant a wholly owned subsidiary of AIPAC is not exempt from real property
taxes in DC The Applicantrsquos current property taxes for the existing headquarters and the
Subject Project are $71706492 annually
Amendments to the Zoning Map are permitted provided that the new zone category is
ldquonot inconsistent with the Comprehensive Planrdquo DC Code Sec 6-64102 We strongly believe
that in this case a Map Amendment is appropriate Consistent with the Comprehensive Planrsquos
designation for the Property the Applicant proposes to rezone the Property to the D-4 Zone
District The D-4 Zone District is appropriate for the High Density CommercialHigh Density
2
843891011
Residential Land Use category After rezoning a potential commercial project under the D-4
Zone District would be permitted a height of 90 feet an FAR of 65 (or 78 with Density
Credits) and 100 lot occupancy
3
843891011
II THE PROPERTY
As described above the Subject Property consists of Lot 853 which is located above the
I-395 highway The parcel is part of a single record lot with other adjacent properties in the
square and is subject to a Single Record Lot Agreement that was originally recorded in 2006 and
was recently amended and restated
The Property is located at the northwestern corner of 2nd and H Streets NW and consists
of approximately 15000 square feet of land area The Property is improved with a surface level
parking lot and an air shaft that was used to vent the highway
The Property is subject to easements and covenants with the District of Columbia that
ensure continued operation of the highway as well as DDOT access to the support facilities
Construction on the Property will require review and approval by DDOT with concurrence by
the Federal Highway Administration Importantly the agreements explicitly list office and other
commercial and institutional uses as permitted uses
The Property is located in the Mount Vernon Triangle neighborhood at the edge of the
Downtown and NoMa neighborhoods and is surrounded by a mix of high density residential and
commercial uses as well as surface parking lots anticipated to be redeveloped As noted below
many of the surrounding properties have been constructed to a height of 130 feet
To the west and north of the Subject Property is an air rights parcel over a one story
portion of building a surface parking lot and along 3rd Street and Mount Carmel Baptist Church
all of which are part of the single record lot with the Subject Property The air rights parcel and
parking lot are anticipated to be redeveloped as a residential apartment building To the west of
the Property across 3rd Street NW is a 12-story residential building Further to the west are a
number of 12- and 13-story residential buildings
4
843891011
To the south of the Property across H Street NW is property that is maintained by the
District as Cobb Park The park is slated for a major renovation that is in the planning stages
Further to the south across Massachusetts Avenue NW is the northern block of the Capitol
Crossing PUD (ZC Order No 08-34) which is under construction and includes 130-foot tall
commercial office buildings To the southeast of the Subject Property at the southeast corner of
the intersection of 2nd and H Streets NW is an eight-story commercial office building
(commonly known as the ldquoDarth Vaderrdquo building) which measures over 100 feet in height and
was constructed pursuant to a PUD approved in ZC Case No 80-07 (ZC Order No 324) This
PUD was recently modified to include a Zoning Map Amendment to the C-4 Zone District
(based on the 1958 Zoning Regulations) to construct an addition allowing a building height of
130 feet and an FAR of 92 (ZC Order No 80-07A) To the east of the Subject Property are
surface parking lots that are being redeveloped pursuant to the Districtrsquos RFP process further to
the east is 77H which was recently redeveloped as a mixed-use residential and retail building
containing a Walmart
The Subject Property is approximately four blocks from the Judiciary Square Metrorail
station and other stations are also located within walking distance Additionally the Maryland
and Virginia commuter train services (MARC and VRE respectively) both service Union
Station which is six blocks from the Subject Property Multiple Metrobus lines also service the
Property
The Subject Property was formerly designated as C-2-C and is now designated as MU-6
Zone District under the 2016 Zoning Regulations Surrounding property to the north and west of
the Subject Property is located in the MU-6 and D-4-R Zone Districts Cobb Park to the south is
located in the D-4 Zone District the property further to the south in the Capitol Crossing PUD
5
843891011
was rezoned to the C-4 Zone District under the 1958 Zoning Regulations which is now known as
D-6 Property to the southeast is in the D-3 Zone District The triangular parcel immediately to
the east of the Subject Property is located in the MU-4 Zone District this parcel is District-
owned RFP site that is slated for development with a mixed-use residential building with ground
floor retail and a rezoning to the D-4-R Zone District (ZC Case 17-06) Property further to the
east is located in the MU-9 Zone District
6
843891011
IIIPLANNING ANALYSIS ndash LAND USE AND ZONING IMPROVEMENTS
As detailed in Section IV the proposed Map Amendment is fully consistent with the
goals and policies of the Comprehensive Plan for the District of Columbia which designate the
Subject Property for High Density Commercial and High Density Residential land use
Specifically the rezoning will allow for the expansion of AIPACrsquos existing nonprofit
headquarters in a transit-oriented location and high-demand area adjacent to the Central
Employment Area The proposed expansion under D-4 zoning will be appropriate given the
proximity to transit the height and mass of surrounding buildings along H Street and
Massachusetts Avenue and the lack of adverse impacts on nearby residential areas The
rezoning will have a positive land use impact that is consistent with the Comprehensive Plan and
other planning goals of the District of Columbia
The Applicant requests a Zoning Map Amendment for the Subject Property to the D-4
Zone District This proposed zone plan is consistent with the Comprehensive Plan As discussed
more fully in Section IV the Future Land Use Map of the Comprehensive Plan locates the
Subject Property in the High Density Commercial and High Density Residential categories The
proposed D-4 zoning is necessary to accommodate the needed commercial density The
Comprehensive Plan states that the proposed D-4 Zone District (formerly C-3-C) is consistent
with the Future Land Use Map designation Accordingly the proposed rezoning of the Subject
Property to the D-4 Zone District is consistent with the Comprehensive Plan
7
843891011
IV COMPLIANCE WITH THE COMPREHENSIVE PLAN
The proposed rezoning is consistent with and fosters numerous goals and policies of the
Comprehensive Plan
The purposes of the District elements of the Comprehensive Plan for the National Capital are to (1) Define the requirements and aspirations of District residents and accordingly influence social economic and physical development (2) Guide executive and legislative decisions on matters affecting the District and its citizens (3) Promote economic growth and jobs for District residents (4) Guide private and public development in order to achieve District and community goals (5) Maintain and enhance the natural and architectural assets of the District and (6) Assist in the conservation stabilization and improvement of each neighborhood and community in the District
DC Code sect 1-30601(b) (2006) The proposed rezoning significantly advances these purposes
by furthering the physical and economic development of the District by facilitating the
redevelopment of a parking lot into an efficient addition to an existing office building in close
proximity to multiple Metrorail stations and other modes of transportation
A Citywide Elements
1 Framework Elements and Maps
The Framework Element provides guidelines for using the Future Land Use Map This
Element states that the Future Land Use Map should be interpreted ldquobroadlyrdquo and notes that the
zoning for an area should be guided by the Future Land Use Map interpreted in conjunction with
the text of the entire Comprehensive Plan
On the Future Land Use Map the Subject Property is mapped for High Density
Commercial and High Density Residential uses The High Density Commercial category
ldquodefine[s] the central employment district of the city and other major office employment centers
on the downtown perimeter It is characterized by office and mixed officeretail buildings greater
than eight stories in heightrdquo sect22511 The Zone Districts corresponding to High Density
Commercial areas include C-2-C C-3-C C-4 and C-5 the current designations for which are D-
8
843891011
4 D-5 D-6 and D-7 The High Density Residential category ldquodefine[s] neighborhoods and
corridors where high-rise (8 stories or more) apartment buildings are the predominant userdquo
sect2256 The Comprehensive Plan provides that R-5-D and R-5-E (now RA-4 and RA-5) Zone
Districts are consistent with High Density Residential
The rezoning is consistent with these definitions and the Zone Districts in this area Also
the rezoning will further the Elementrsquos goals of ldquoredevelopment and infill opportunities along
corridors and near transit stationsrdquo sect2176 as it will attain for more efficient use of the parking
lot space on H Street Finally the rezoning will strengthen downtown as ldquothe regionrsquos major
employment centerrdquo which the Element encourages by increasing the amount of commercial
development consistent with the Comprehensive Plan sect2188
On the Generalized Policy Map the Subject Property is designed as a ldquoLand Use Change
Areardquo Land Use Change Areas are identified as the areas where development is most
anticipated and ldquorepresent much of the cityrsquos supply of vacant and underutilized landrdquo sect22310
The Element designates areas as Land Use Change Areas to ldquoencourage and facilitate new
development and promote the adaptive reuse of existing structuresrdquo sect22311 ldquoThe District
aspires to create high quality environments that include exemplary site and architectural design
and that are compatible with and do not negatively impact nearby neighborhoodsrdquo sect22312 The
proposed rezoning will allow a quintessential Land Use Change Area development The
rezoning will facilitate the conversion of underutilized land into a space for high-quality
development
2 Land Use Element
The proposed rezoning advances several policies of the Land Use Element First the
Land Use Element encourages development using Metro stations as ldquoanchorsrdquo sect 30610 (LU-
9
843891011
131 Station Areas as Neighborhood Centers) as the best opportunities for infill development
sect 30611 (LU-132 Development around Metrorail Stations) and as pedestrian-oriented nodes
sect 3129 (LU-245 Encouraging Nodal Development) Here the Propertyrsquos proximity to the
Judiciary Square and other Metrorail stations furthers this use of Metro stations as anchors The
Property will be developed with the sort of pedestrian-oriented infill development promoted by
the Land Use Element
Second the Land Use Elements also seeks to foster the Central Employment Area as the
prime location for work in the District The Central Employment Area should ldquopromote the use
of this area with high-value land uses that enhance its image as the seat of the national
government and the center of the District of Columbia and that make the most efficient possible
use of its transportation facilitiesrdquo sect3049 (LU-114 Appropriate Uses in the CEA) The
Element specifies ldquothe CEA shall include the greater concentration of the cityrsquos private office
developmentrdquo sect3048 (LU-113 Central Employment Area) The Subject Property is located
adjacent to the Central Employment Area the boundary of which is H Street NW The rezoning
furthers the goals of the Element by not only creating more employment but by creating the
opportunity for additional office space adjacent to the Central Employment Area without
overburdening the congested office use in the ldquotraditionalrdquo downtown The rezoning also
encourages efficient use of the nearby transit facilities for employees coming to the Subject
Property
Third and finally the Land Use Element encourages creative parking management to
respond to the level of demand and mitigate congestion sectsect 30615 30916 and 31212 (LU-
136 Parking near Metro Stations LU-2111 Residential Parking Requirements and LU-248
Addressing Commercial Parking Impacts) The Element focuses developments on placing ldquoa
10
843891011
priority on attractive pedestrian-friendly design and a de-emphasis on auto-oriented uses and
surface parkingrdquo sect3064 (LU-13 Transit-Oriented and Corridor Development) Here the
rezoning meets the objectives of the Land Use Element by allowing for the future elimination of
the existing surface parking near a Metro station and offering an appropriate amount of enclosed
parking for employees
3 Other Elements
This rezoning is also consistent with policies in the Transportation Economic
Development and Urban Design Elements of the Comprehensive Plan The Transportation
Element encourages pedestrian-oriented development around transit stations sect 4031 (T-114
Transit-Oriented Development) and discourages auto-oriented uses such as ldquodrive-throughrdquo
business large surface parking lots and new curb cuts sect 4048 (T-123 Discouraging Auto-
Oriented Uses) The redevelopment of this site will be consistent with these objections and the
rezoning will encourage such a transit-oriented development As discussed the Property is
located in close proximity to multiple Metrorail stations Additionally there are many other bus
lines in the area and the commuter rail lines at Union Station are within a mile of the Subject
Property Therefore the redevelopment of the Property will enhance the use of public transit
based on the convenient location
The Economic Development Element encourages development that expands the office
sector in locations in the Central Washington area sect7076 (ED-211 Office Growth) A rezoning
that will allow the expansion of office space will constitute ldquoinfill and renovation within
established commercial districts to more efficiently use available space while providing
additional opportunities for spacerdquo sect70710 (ED-215 Infill and Renovation) Here the proposed
rezoning will facilitate the conversion of a surface parking lot to new office use amidst growing
11
843891011
demand in Mount Vernon Triangle thus providing more office space for the expanding demand
in a transit-rich area of the District
Finally the Map Amendment also supports the Urban Design Element of the
Comprehensive Plan First it furthers the Elementrsquos goal of view protection along H Street
Currently at the Subject Property there is an airshaft set apart from any other structures which
does not ldquoprovide greater focus and frame important vistas along thoroughfaresrdquo sect9064
(UD-14 Reinforcing Boulevards and Gateways) The rezoning will allow for a development that
may eliminate or wrap around the airshaft and allowing for a cohesive view that is uniform and
visually appealing
Additionally the Project also furthers the Elementrsquos goal of ldquoencourage[ing] creative
solutions for designing structured parking to minimize its visual prominencerdquo sect91021 (UD-
2211 Parking Structures) Instead of the current surface lot on the Subject Property a new
addition would enclose parking in the structure making it visually appealing and using the space
in an efficient way
B Compliance with Area Elements
The Subject Property is within the Central Washington Area Element This Element
encourages ldquoretain[ing] Central Washington as the premier office location in the Greater
Washington regionrdquo and guiding development ldquoeastward from its current area of concentrationrdquo
sect16083 (CW-112 Central Washington Office Growth) The Elementrsquos goals also include
making Central Washington ldquoa diverse placerdquo and states that ldquonon-profits also provide
desirable diversityrdquo sect16072 (Planning and Development Priorities) The proposed rezoning is
also consistent with the Elementrsquos goals for the specific Mount Vernon Triangle Area Echoing
policies elsewhere in the Comprehensive Plan the Central Washington Area Element encourages
projects in Mount Vernon Triangle to create ldquoeconomic valuerdquo and a ldquoquality environmentrdquo for
12
843891011
the area sect16145 (CW-24 Mount Vernon District) The proposed rezoning will serve all of these
goals ndash the non-profit AIPAC seeks to expand its current office and create more office space
outside of the current concentration of office spaces in downtown The addition will also make a
current inefficient use of space from the parking lot and airshaft into an efficient property with
high-quality office space that visually fits into the surrounding community The rezoning will
facilitate the possibility of this additional commercial space at the Property
13
843891011
V COMMUNITY CONTACTS
The community has been aware of AIPACrsquos interest in expanding for over two years
AIPAC representatives have met with ANC 6E twice since October of 2015 The Applicant will
be meeting with ANC 6E at an upcoming public meeting per the ANCrsquos request to review this
application
14
843891011
VI CONCLUSION
For the foregoing reasons the Applicant submits that the enclosed application meets the
standards of Chapter 5 of Subtitle X and Chapter 3 of Subtitle Z of the Zoning Regulations
Accordingly the Applicant respectfully requests that the Zoning Commission set the
rezoning application down for a public hearing at the earliest possible date
Respectfully submitted
GOULSTON amp STORRS PC
__s_____________________
Allison C Prince
__s_____________________
Meghan Hottel-Cox
Date September 1 2017
15
843891011
2nd amp H STREETS NW
By 251 Massachusetts Avenue LLC
APPLICATION TO THE DISTRICT OF COLUMBIA ZONING COMMISSION FOR
AN AMENDMENT TO THE ZONING MAP
September 1 2017
843891011
Applicant 251 Massachusetts Avenue LLC
251 H Street NW
Washington DC 20001
Land Use Counsel Goulston amp Storrs
1999 K Street NW 5th Floor
Washington DC 20006
i
843891011
TABLE OF CONTENTS
TABLE OF CONTENTS II
PREFACE IV
I INTRODUCTION 1
A Summary of Requested Action 1 B The Applicant 2 II THE PROPERTY 4
III PLANNING ANALYSIS ndash LAND USE AND ZONING IMPROVEMENTS 7
IV COMPLIANCE WITH THE COMPREHENSIVE PLAN 8
A Citywide Elements 8 B Compliance with Area Elements 12 V COMMUNITY CONTACTS 14
VI CONCLUSION 15
ii
843891011
EXHIBITS
Exhibit A ndash Application Form and Authorization Letter
Exhibit B ndash Zone Map
Exhibit C ndash Future Land Use Map
Exhibit D ndash Certificate of Notice
Exhibit E ndash Compliance with Regulations
Exhibit F ndash Publicly Available Information
Exhibit G ndash List of Property Owners within 200 feet of the Subject Property
Exhibit H ndash Plat
Exhibit I ndash Site and area photos
iii
843891011
PREFACE
This statement and the attached documents support the application of 251 Massachusetts
Avenue LLC to the Zoning Commission for a Zoning Map Amendment for the property known
as Lot 853 in Square 560 (ldquoSubject Propertyrdquo or ldquoPropertyrdquo) The Subject Property is in the
southern portion of Square 560 a rectangular-shaped block in NW bounded by 2nd 3rd H and K
Streets in Ward 6 The rezoning will facilitate the expansion of an existing office building on
adjacent Lot 852 at 251 H Street (ldquo251 Hrdquo) to meet the immediate and anticipated future growth
needs of the existing occupant of that building a non-profit organization
This application is consistent with the District of Columbia Comprehensive Plan DC
Law 16-300 10A DCMR (Planning and Development) sect 100 et seq (2006) (the
ldquoComprehensive Planrdquo) as well as the goals and policies of the District of Columbia
The Applicant originally proposed to expand 251 H by rezoning both the 251 H property
and the Subject Property to D-6 through the PUD process which would have allowed 130 feet of
building height Ultimately it was determined with input from the Office of Planning that the
rezoning process was simpler and more appropriate for this non-profit and that D-4 zoning while
more restrictive than D-6 would be sufficient to meet the Applicantrsquos needs
Submitted in support of this application are completed application forms a copy of the
notice of intent to file a rezoning application that was mailed to surrounding property owners and
parties (with the certification of mailing and list of property owners) and a map depicting the
Zone Districts for the property and surrounding area As set forth below this statement and the
attached documents meet the filing requirements for a map amendment under Subtitle X Chapter
5 and Subtitle Z Chapter 3 of the District of Columbia Zoning Regulations This application is
being filed as a contested case pursuant to Subtitle Z sect 2012(e) and Subtitle X Chapter 6
iv
843891011
I INTRODUCTION
A Summary of Requested Action
This statement and the attached documents support the application of 251 Massachusetts
Avenue LLC (ldquoOwnerrdquo or ldquoApplicantrdquo) to the Zoning Commission for a Zoning Map
Amendment for the rezoning of the Subject Property known as Lot 853 in Square 560 which is
located along the H Street corridor in Ward 6 within the jurisdiction of Advisory Neighborhood
Commission (ldquoANCrdquo) 6E The Subject Property is approximately four blocks from the Judiciary
Square Metrorail station and five blocks from the Union Station Metrorail station
The Subject Property is improved with a surface parking lot and contains 15000 square
feet of land area The I-395 Freeway runs underneath the Subject Property The site contains a
large and unsightly air shaft that was intended to provide ventilation to the I-395 tunnel The
Property is adjacent to the Applicantrsquos seven-story office building that serves as the headquarters
for the American Israel Public Affairs Committee (ldquoAIPACrdquo) a non-profit organization This
rezoning is driven by AIPACrsquos need to expand The Property can accommodate an addition to
serve the organizationrsquos projected future growth
The Subject Property is located in the High Density Commercial and High Density
Residential Land Use categories on the Future Land Use Map The Subject Property is currently
located in the MU-6 Zone District which was formerly known as the C-2-C Zone District The
Applicant seeks to rezone the property to the D-4 Zone District The Zoning Map Amendment
will not increase the maximum permitted height of 90 feet for the Property While it will only
increase the maximum FAR of 60 to 65 (or 78 if Density Credits are used) it will increase the
maximum permitted commercial FAR from 20 to 60
1
843891011
B The Applicant
The Applicant is a wholly-owned subsidiary of the American Israel Public Affairs
Committee (ldquoAIPACrdquo) AIPAC is a 100000+ member grass roots organization whose mission
is to strengthen protect and promote the US-Israel relationship in ways that enhance the
security of Israel and the United States AIPACrsquos staff and citizen activists educate decision
makers about the bonds that unite the United States and Israel and how it is in Americarsquos best
interest to help ensure that Israel is safe strong and secure The New York Times says AIPAC
is ldquothe most important organization affecting Americarsquos relationship with Israelrdquo
AIPAC is outgrowing its existing headquarters building at 251 H Street NW and the
proposed rezoning of the adjacent lot will facilitate its expansion When opened in February
2008 the current headquarters housed 125 employees In the eight years since opening AIPAC
has grown to 220 employees who currently work in its headquarters It anticipates having further
growth during the next three to five years The Applicant purchased the Property with the
expectation of creating additional space as AIPAC grew The Property will allow for additional
space to ensure that the organization will be able to remain on H Street for the foreseeable future
Notably the Applicant a wholly owned subsidiary of AIPAC is not exempt from real property
taxes in DC The Applicantrsquos current property taxes for the existing headquarters and the
Subject Project are $71706492 annually
Amendments to the Zoning Map are permitted provided that the new zone category is
ldquonot inconsistent with the Comprehensive Planrdquo DC Code Sec 6-64102 We strongly believe
that in this case a Map Amendment is appropriate Consistent with the Comprehensive Planrsquos
designation for the Property the Applicant proposes to rezone the Property to the D-4 Zone
District The D-4 Zone District is appropriate for the High Density CommercialHigh Density
2
843891011
Residential Land Use category After rezoning a potential commercial project under the D-4
Zone District would be permitted a height of 90 feet an FAR of 65 (or 78 with Density
Credits) and 100 lot occupancy
3
843891011
II THE PROPERTY
As described above the Subject Property consists of Lot 853 which is located above the
I-395 highway The parcel is part of a single record lot with other adjacent properties in the
square and is subject to a Single Record Lot Agreement that was originally recorded in 2006 and
was recently amended and restated
The Property is located at the northwestern corner of 2nd and H Streets NW and consists
of approximately 15000 square feet of land area The Property is improved with a surface level
parking lot and an air shaft that was used to vent the highway
The Property is subject to easements and covenants with the District of Columbia that
ensure continued operation of the highway as well as DDOT access to the support facilities
Construction on the Property will require review and approval by DDOT with concurrence by
the Federal Highway Administration Importantly the agreements explicitly list office and other
commercial and institutional uses as permitted uses
The Property is located in the Mount Vernon Triangle neighborhood at the edge of the
Downtown and NoMa neighborhoods and is surrounded by a mix of high density residential and
commercial uses as well as surface parking lots anticipated to be redeveloped As noted below
many of the surrounding properties have been constructed to a height of 130 feet
To the west and north of the Subject Property is an air rights parcel over a one story
portion of building a surface parking lot and along 3rd Street and Mount Carmel Baptist Church
all of which are part of the single record lot with the Subject Property The air rights parcel and
parking lot are anticipated to be redeveloped as a residential apartment building To the west of
the Property across 3rd Street NW is a 12-story residential building Further to the west are a
number of 12- and 13-story residential buildings
4
843891011
To the south of the Property across H Street NW is property that is maintained by the
District as Cobb Park The park is slated for a major renovation that is in the planning stages
Further to the south across Massachusetts Avenue NW is the northern block of the Capitol
Crossing PUD (ZC Order No 08-34) which is under construction and includes 130-foot tall
commercial office buildings To the southeast of the Subject Property at the southeast corner of
the intersection of 2nd and H Streets NW is an eight-story commercial office building
(commonly known as the ldquoDarth Vaderrdquo building) which measures over 100 feet in height and
was constructed pursuant to a PUD approved in ZC Case No 80-07 (ZC Order No 324) This
PUD was recently modified to include a Zoning Map Amendment to the C-4 Zone District
(based on the 1958 Zoning Regulations) to construct an addition allowing a building height of
130 feet and an FAR of 92 (ZC Order No 80-07A) To the east of the Subject Property are
surface parking lots that are being redeveloped pursuant to the Districtrsquos RFP process further to
the east is 77H which was recently redeveloped as a mixed-use residential and retail building
containing a Walmart
The Subject Property is approximately four blocks from the Judiciary Square Metrorail
station and other stations are also located within walking distance Additionally the Maryland
and Virginia commuter train services (MARC and VRE respectively) both service Union
Station which is six blocks from the Subject Property Multiple Metrobus lines also service the
Property
The Subject Property was formerly designated as C-2-C and is now designated as MU-6
Zone District under the 2016 Zoning Regulations Surrounding property to the north and west of
the Subject Property is located in the MU-6 and D-4-R Zone Districts Cobb Park to the south is
located in the D-4 Zone District the property further to the south in the Capitol Crossing PUD
5
843891011
was rezoned to the C-4 Zone District under the 1958 Zoning Regulations which is now known as
D-6 Property to the southeast is in the D-3 Zone District The triangular parcel immediately to
the east of the Subject Property is located in the MU-4 Zone District this parcel is District-
owned RFP site that is slated for development with a mixed-use residential building with ground
floor retail and a rezoning to the D-4-R Zone District (ZC Case 17-06) Property further to the
east is located in the MU-9 Zone District
6
843891011
IIIPLANNING ANALYSIS ndash LAND USE AND ZONING IMPROVEMENTS
As detailed in Section IV the proposed Map Amendment is fully consistent with the
goals and policies of the Comprehensive Plan for the District of Columbia which designate the
Subject Property for High Density Commercial and High Density Residential land use
Specifically the rezoning will allow for the expansion of AIPACrsquos existing nonprofit
headquarters in a transit-oriented location and high-demand area adjacent to the Central
Employment Area The proposed expansion under D-4 zoning will be appropriate given the
proximity to transit the height and mass of surrounding buildings along H Street and
Massachusetts Avenue and the lack of adverse impacts on nearby residential areas The
rezoning will have a positive land use impact that is consistent with the Comprehensive Plan and
other planning goals of the District of Columbia
The Applicant requests a Zoning Map Amendment for the Subject Property to the D-4
Zone District This proposed zone plan is consistent with the Comprehensive Plan As discussed
more fully in Section IV the Future Land Use Map of the Comprehensive Plan locates the
Subject Property in the High Density Commercial and High Density Residential categories The
proposed D-4 zoning is necessary to accommodate the needed commercial density The
Comprehensive Plan states that the proposed D-4 Zone District (formerly C-3-C) is consistent
with the Future Land Use Map designation Accordingly the proposed rezoning of the Subject
Property to the D-4 Zone District is consistent with the Comprehensive Plan
7
843891011
IV COMPLIANCE WITH THE COMPREHENSIVE PLAN
The proposed rezoning is consistent with and fosters numerous goals and policies of the
Comprehensive Plan
The purposes of the District elements of the Comprehensive Plan for the National Capital are to (1) Define the requirements and aspirations of District residents and accordingly influence social economic and physical development (2) Guide executive and legislative decisions on matters affecting the District and its citizens (3) Promote economic growth and jobs for District residents (4) Guide private and public development in order to achieve District and community goals (5) Maintain and enhance the natural and architectural assets of the District and (6) Assist in the conservation stabilization and improvement of each neighborhood and community in the District
DC Code sect 1-30601(b) (2006) The proposed rezoning significantly advances these purposes
by furthering the physical and economic development of the District by facilitating the
redevelopment of a parking lot into an efficient addition to an existing office building in close
proximity to multiple Metrorail stations and other modes of transportation
A Citywide Elements
1 Framework Elements and Maps
The Framework Element provides guidelines for using the Future Land Use Map This
Element states that the Future Land Use Map should be interpreted ldquobroadlyrdquo and notes that the
zoning for an area should be guided by the Future Land Use Map interpreted in conjunction with
the text of the entire Comprehensive Plan
On the Future Land Use Map the Subject Property is mapped for High Density
Commercial and High Density Residential uses The High Density Commercial category
ldquodefine[s] the central employment district of the city and other major office employment centers
on the downtown perimeter It is characterized by office and mixed officeretail buildings greater
than eight stories in heightrdquo sect22511 The Zone Districts corresponding to High Density
Commercial areas include C-2-C C-3-C C-4 and C-5 the current designations for which are D-
8
843891011
4 D-5 D-6 and D-7 The High Density Residential category ldquodefine[s] neighborhoods and
corridors where high-rise (8 stories or more) apartment buildings are the predominant userdquo
sect2256 The Comprehensive Plan provides that R-5-D and R-5-E (now RA-4 and RA-5) Zone
Districts are consistent with High Density Residential
The rezoning is consistent with these definitions and the Zone Districts in this area Also
the rezoning will further the Elementrsquos goals of ldquoredevelopment and infill opportunities along
corridors and near transit stationsrdquo sect2176 as it will attain for more efficient use of the parking
lot space on H Street Finally the rezoning will strengthen downtown as ldquothe regionrsquos major
employment centerrdquo which the Element encourages by increasing the amount of commercial
development consistent with the Comprehensive Plan sect2188
On the Generalized Policy Map the Subject Property is designed as a ldquoLand Use Change
Areardquo Land Use Change Areas are identified as the areas where development is most
anticipated and ldquorepresent much of the cityrsquos supply of vacant and underutilized landrdquo sect22310
The Element designates areas as Land Use Change Areas to ldquoencourage and facilitate new
development and promote the adaptive reuse of existing structuresrdquo sect22311 ldquoThe District
aspires to create high quality environments that include exemplary site and architectural design
and that are compatible with and do not negatively impact nearby neighborhoodsrdquo sect22312 The
proposed rezoning will allow a quintessential Land Use Change Area development The
rezoning will facilitate the conversion of underutilized land into a space for high-quality
development
2 Land Use Element
The proposed rezoning advances several policies of the Land Use Element First the
Land Use Element encourages development using Metro stations as ldquoanchorsrdquo sect 30610 (LU-
9
843891011
131 Station Areas as Neighborhood Centers) as the best opportunities for infill development
sect 30611 (LU-132 Development around Metrorail Stations) and as pedestrian-oriented nodes
sect 3129 (LU-245 Encouraging Nodal Development) Here the Propertyrsquos proximity to the
Judiciary Square and other Metrorail stations furthers this use of Metro stations as anchors The
Property will be developed with the sort of pedestrian-oriented infill development promoted by
the Land Use Element
Second the Land Use Elements also seeks to foster the Central Employment Area as the
prime location for work in the District The Central Employment Area should ldquopromote the use
of this area with high-value land uses that enhance its image as the seat of the national
government and the center of the District of Columbia and that make the most efficient possible
use of its transportation facilitiesrdquo sect3049 (LU-114 Appropriate Uses in the CEA) The
Element specifies ldquothe CEA shall include the greater concentration of the cityrsquos private office
developmentrdquo sect3048 (LU-113 Central Employment Area) The Subject Property is located
adjacent to the Central Employment Area the boundary of which is H Street NW The rezoning
furthers the goals of the Element by not only creating more employment but by creating the
opportunity for additional office space adjacent to the Central Employment Area without
overburdening the congested office use in the ldquotraditionalrdquo downtown The rezoning also
encourages efficient use of the nearby transit facilities for employees coming to the Subject
Property
Third and finally the Land Use Element encourages creative parking management to
respond to the level of demand and mitigate congestion sectsect 30615 30916 and 31212 (LU-
136 Parking near Metro Stations LU-2111 Residential Parking Requirements and LU-248
Addressing Commercial Parking Impacts) The Element focuses developments on placing ldquoa
10
843891011
priority on attractive pedestrian-friendly design and a de-emphasis on auto-oriented uses and
surface parkingrdquo sect3064 (LU-13 Transit-Oriented and Corridor Development) Here the
rezoning meets the objectives of the Land Use Element by allowing for the future elimination of
the existing surface parking near a Metro station and offering an appropriate amount of enclosed
parking for employees
3 Other Elements
This rezoning is also consistent with policies in the Transportation Economic
Development and Urban Design Elements of the Comprehensive Plan The Transportation
Element encourages pedestrian-oriented development around transit stations sect 4031 (T-114
Transit-Oriented Development) and discourages auto-oriented uses such as ldquodrive-throughrdquo
business large surface parking lots and new curb cuts sect 4048 (T-123 Discouraging Auto-
Oriented Uses) The redevelopment of this site will be consistent with these objections and the
rezoning will encourage such a transit-oriented development As discussed the Property is
located in close proximity to multiple Metrorail stations Additionally there are many other bus
lines in the area and the commuter rail lines at Union Station are within a mile of the Subject
Property Therefore the redevelopment of the Property will enhance the use of public transit
based on the convenient location
The Economic Development Element encourages development that expands the office
sector in locations in the Central Washington area sect7076 (ED-211 Office Growth) A rezoning
that will allow the expansion of office space will constitute ldquoinfill and renovation within
established commercial districts to more efficiently use available space while providing
additional opportunities for spacerdquo sect70710 (ED-215 Infill and Renovation) Here the proposed
rezoning will facilitate the conversion of a surface parking lot to new office use amidst growing
11
843891011
demand in Mount Vernon Triangle thus providing more office space for the expanding demand
in a transit-rich area of the District
Finally the Map Amendment also supports the Urban Design Element of the
Comprehensive Plan First it furthers the Elementrsquos goal of view protection along H Street
Currently at the Subject Property there is an airshaft set apart from any other structures which
does not ldquoprovide greater focus and frame important vistas along thoroughfaresrdquo sect9064
(UD-14 Reinforcing Boulevards and Gateways) The rezoning will allow for a development that
may eliminate or wrap around the airshaft and allowing for a cohesive view that is uniform and
visually appealing
Additionally the Project also furthers the Elementrsquos goal of ldquoencourage[ing] creative
solutions for designing structured parking to minimize its visual prominencerdquo sect91021 (UD-
2211 Parking Structures) Instead of the current surface lot on the Subject Property a new
addition would enclose parking in the structure making it visually appealing and using the space
in an efficient way
B Compliance with Area Elements
The Subject Property is within the Central Washington Area Element This Element
encourages ldquoretain[ing] Central Washington as the premier office location in the Greater
Washington regionrdquo and guiding development ldquoeastward from its current area of concentrationrdquo
sect16083 (CW-112 Central Washington Office Growth) The Elementrsquos goals also include
making Central Washington ldquoa diverse placerdquo and states that ldquonon-profits also provide
desirable diversityrdquo sect16072 (Planning and Development Priorities) The proposed rezoning is
also consistent with the Elementrsquos goals for the specific Mount Vernon Triangle Area Echoing
policies elsewhere in the Comprehensive Plan the Central Washington Area Element encourages
projects in Mount Vernon Triangle to create ldquoeconomic valuerdquo and a ldquoquality environmentrdquo for
12
843891011
the area sect16145 (CW-24 Mount Vernon District) The proposed rezoning will serve all of these
goals ndash the non-profit AIPAC seeks to expand its current office and create more office space
outside of the current concentration of office spaces in downtown The addition will also make a
current inefficient use of space from the parking lot and airshaft into an efficient property with
high-quality office space that visually fits into the surrounding community The rezoning will
facilitate the possibility of this additional commercial space at the Property
13
843891011
V COMMUNITY CONTACTS
The community has been aware of AIPACrsquos interest in expanding for over two years
AIPAC representatives have met with ANC 6E twice since October of 2015 The Applicant will
be meeting with ANC 6E at an upcoming public meeting per the ANCrsquos request to review this
application
14
843891011
VI CONCLUSION
For the foregoing reasons the Applicant submits that the enclosed application meets the
standards of Chapter 5 of Subtitle X and Chapter 3 of Subtitle Z of the Zoning Regulations
Accordingly the Applicant respectfully requests that the Zoning Commission set the
rezoning application down for a public hearing at the earliest possible date
Respectfully submitted
GOULSTON amp STORRS PC
__s_____________________
Allison C Prince
__s_____________________
Meghan Hottel-Cox
Date September 1 2017
15
843891011
2nd amp H STREETS NW
By 251 Massachusetts Avenue LLC
APPLICATION TO THE DISTRICT OF COLUMBIA ZONING COMMISSION FOR
AN AMENDMENT TO THE ZONING MAP
September 1 2017
843891011
Applicant 251 Massachusetts Avenue LLC
251 H Street NW
Washington DC 20001
Land Use Counsel Goulston amp Storrs
1999 K Street NW 5th Floor
Washington DC 20006
i
843891011
TABLE OF CONTENTS
TABLE OF CONTENTS II
PREFACE IV
I INTRODUCTION 1
A Summary of Requested Action 1 B The Applicant 2 II THE PROPERTY 4
III PLANNING ANALYSIS ndash LAND USE AND ZONING IMPROVEMENTS 7
IV COMPLIANCE WITH THE COMPREHENSIVE PLAN 8
A Citywide Elements 8 B Compliance with Area Elements 12 V COMMUNITY CONTACTS 14
VI CONCLUSION 15
ii
843891011
EXHIBITS
Exhibit A ndash Application Form and Authorization Letter
Exhibit B ndash Zone Map
Exhibit C ndash Future Land Use Map
Exhibit D ndash Certificate of Notice
Exhibit E ndash Compliance with Regulations
Exhibit F ndash Publicly Available Information
Exhibit G ndash List of Property Owners within 200 feet of the Subject Property
Exhibit H ndash Plat
Exhibit I ndash Site and area photos
iii
843891011
PREFACE
This statement and the attached documents support the application of 251 Massachusetts
Avenue LLC to the Zoning Commission for a Zoning Map Amendment for the property known
as Lot 853 in Square 560 (ldquoSubject Propertyrdquo or ldquoPropertyrdquo) The Subject Property is in the
southern portion of Square 560 a rectangular-shaped block in NW bounded by 2nd 3rd H and K
Streets in Ward 6 The rezoning will facilitate the expansion of an existing office building on
adjacent Lot 852 at 251 H Street (ldquo251 Hrdquo) to meet the immediate and anticipated future growth
needs of the existing occupant of that building a non-profit organization
This application is consistent with the District of Columbia Comprehensive Plan DC
Law 16-300 10A DCMR (Planning and Development) sect 100 et seq (2006) (the
ldquoComprehensive Planrdquo) as well as the goals and policies of the District of Columbia
The Applicant originally proposed to expand 251 H by rezoning both the 251 H property
and the Subject Property to D-6 through the PUD process which would have allowed 130 feet of
building height Ultimately it was determined with input from the Office of Planning that the
rezoning process was simpler and more appropriate for this non-profit and that D-4 zoning while
more restrictive than D-6 would be sufficient to meet the Applicantrsquos needs
Submitted in support of this application are completed application forms a copy of the
notice of intent to file a rezoning application that was mailed to surrounding property owners and
parties (with the certification of mailing and list of property owners) and a map depicting the
Zone Districts for the property and surrounding area As set forth below this statement and the
attached documents meet the filing requirements for a map amendment under Subtitle X Chapter
5 and Subtitle Z Chapter 3 of the District of Columbia Zoning Regulations This application is
being filed as a contested case pursuant to Subtitle Z sect 2012(e) and Subtitle X Chapter 6
iv
843891011
I INTRODUCTION
A Summary of Requested Action
This statement and the attached documents support the application of 251 Massachusetts
Avenue LLC (ldquoOwnerrdquo or ldquoApplicantrdquo) to the Zoning Commission for a Zoning Map
Amendment for the rezoning of the Subject Property known as Lot 853 in Square 560 which is
located along the H Street corridor in Ward 6 within the jurisdiction of Advisory Neighborhood
Commission (ldquoANCrdquo) 6E The Subject Property is approximately four blocks from the Judiciary
Square Metrorail station and five blocks from the Union Station Metrorail station
The Subject Property is improved with a surface parking lot and contains 15000 square
feet of land area The I-395 Freeway runs underneath the Subject Property The site contains a
large and unsightly air shaft that was intended to provide ventilation to the I-395 tunnel The
Property is adjacent to the Applicantrsquos seven-story office building that serves as the headquarters
for the American Israel Public Affairs Committee (ldquoAIPACrdquo) a non-profit organization This
rezoning is driven by AIPACrsquos need to expand The Property can accommodate an addition to
serve the organizationrsquos projected future growth
The Subject Property is located in the High Density Commercial and High Density
Residential Land Use categories on the Future Land Use Map The Subject Property is currently
located in the MU-6 Zone District which was formerly known as the C-2-C Zone District The
Applicant seeks to rezone the property to the D-4 Zone District The Zoning Map Amendment
will not increase the maximum permitted height of 90 feet for the Property While it will only
increase the maximum FAR of 60 to 65 (or 78 if Density Credits are used) it will increase the
maximum permitted commercial FAR from 20 to 60
1
843891011
B The Applicant
The Applicant is a wholly-owned subsidiary of the American Israel Public Affairs
Committee (ldquoAIPACrdquo) AIPAC is a 100000+ member grass roots organization whose mission
is to strengthen protect and promote the US-Israel relationship in ways that enhance the
security of Israel and the United States AIPACrsquos staff and citizen activists educate decision
makers about the bonds that unite the United States and Israel and how it is in Americarsquos best
interest to help ensure that Israel is safe strong and secure The New York Times says AIPAC
is ldquothe most important organization affecting Americarsquos relationship with Israelrdquo
AIPAC is outgrowing its existing headquarters building at 251 H Street NW and the
proposed rezoning of the adjacent lot will facilitate its expansion When opened in February
2008 the current headquarters housed 125 employees In the eight years since opening AIPAC
has grown to 220 employees who currently work in its headquarters It anticipates having further
growth during the next three to five years The Applicant purchased the Property with the
expectation of creating additional space as AIPAC grew The Property will allow for additional
space to ensure that the organization will be able to remain on H Street for the foreseeable future
Notably the Applicant a wholly owned subsidiary of AIPAC is not exempt from real property
taxes in DC The Applicantrsquos current property taxes for the existing headquarters and the
Subject Project are $71706492 annually
Amendments to the Zoning Map are permitted provided that the new zone category is
ldquonot inconsistent with the Comprehensive Planrdquo DC Code Sec 6-64102 We strongly believe
that in this case a Map Amendment is appropriate Consistent with the Comprehensive Planrsquos
designation for the Property the Applicant proposes to rezone the Property to the D-4 Zone
District The D-4 Zone District is appropriate for the High Density CommercialHigh Density
2
843891011
Residential Land Use category After rezoning a potential commercial project under the D-4
Zone District would be permitted a height of 90 feet an FAR of 65 (or 78 with Density
Credits) and 100 lot occupancy
3
843891011
II THE PROPERTY
As described above the Subject Property consists of Lot 853 which is located above the
I-395 highway The parcel is part of a single record lot with other adjacent properties in the
square and is subject to a Single Record Lot Agreement that was originally recorded in 2006 and
was recently amended and restated
The Property is located at the northwestern corner of 2nd and H Streets NW and consists
of approximately 15000 square feet of land area The Property is improved with a surface level
parking lot and an air shaft that was used to vent the highway
The Property is subject to easements and covenants with the District of Columbia that
ensure continued operation of the highway as well as DDOT access to the support facilities
Construction on the Property will require review and approval by DDOT with concurrence by
the Federal Highway Administration Importantly the agreements explicitly list office and other
commercial and institutional uses as permitted uses
The Property is located in the Mount Vernon Triangle neighborhood at the edge of the
Downtown and NoMa neighborhoods and is surrounded by a mix of high density residential and
commercial uses as well as surface parking lots anticipated to be redeveloped As noted below
many of the surrounding properties have been constructed to a height of 130 feet
To the west and north of the Subject Property is an air rights parcel over a one story
portion of building a surface parking lot and along 3rd Street and Mount Carmel Baptist Church
all of which are part of the single record lot with the Subject Property The air rights parcel and
parking lot are anticipated to be redeveloped as a residential apartment building To the west of
the Property across 3rd Street NW is a 12-story residential building Further to the west are a
number of 12- and 13-story residential buildings
4
843891011
To the south of the Property across H Street NW is property that is maintained by the
District as Cobb Park The park is slated for a major renovation that is in the planning stages
Further to the south across Massachusetts Avenue NW is the northern block of the Capitol
Crossing PUD (ZC Order No 08-34) which is under construction and includes 130-foot tall
commercial office buildings To the southeast of the Subject Property at the southeast corner of
the intersection of 2nd and H Streets NW is an eight-story commercial office building
(commonly known as the ldquoDarth Vaderrdquo building) which measures over 100 feet in height and
was constructed pursuant to a PUD approved in ZC Case No 80-07 (ZC Order No 324) This
PUD was recently modified to include a Zoning Map Amendment to the C-4 Zone District
(based on the 1958 Zoning Regulations) to construct an addition allowing a building height of
130 feet and an FAR of 92 (ZC Order No 80-07A) To the east of the Subject Property are
surface parking lots that are being redeveloped pursuant to the Districtrsquos RFP process further to
the east is 77H which was recently redeveloped as a mixed-use residential and retail building
containing a Walmart
The Subject Property is approximately four blocks from the Judiciary Square Metrorail
station and other stations are also located within walking distance Additionally the Maryland
and Virginia commuter train services (MARC and VRE respectively) both service Union
Station which is six blocks from the Subject Property Multiple Metrobus lines also service the
Property
The Subject Property was formerly designated as C-2-C and is now designated as MU-6
Zone District under the 2016 Zoning Regulations Surrounding property to the north and west of
the Subject Property is located in the MU-6 and D-4-R Zone Districts Cobb Park to the south is
located in the D-4 Zone District the property further to the south in the Capitol Crossing PUD
5
843891011
was rezoned to the C-4 Zone District under the 1958 Zoning Regulations which is now known as
D-6 Property to the southeast is in the D-3 Zone District The triangular parcel immediately to
the east of the Subject Property is located in the MU-4 Zone District this parcel is District-
owned RFP site that is slated for development with a mixed-use residential building with ground
floor retail and a rezoning to the D-4-R Zone District (ZC Case 17-06) Property further to the
east is located in the MU-9 Zone District
6
843891011
IIIPLANNING ANALYSIS ndash LAND USE AND ZONING IMPROVEMENTS
As detailed in Section IV the proposed Map Amendment is fully consistent with the
goals and policies of the Comprehensive Plan for the District of Columbia which designate the
Subject Property for High Density Commercial and High Density Residential land use
Specifically the rezoning will allow for the expansion of AIPACrsquos existing nonprofit
headquarters in a transit-oriented location and high-demand area adjacent to the Central
Employment Area The proposed expansion under D-4 zoning will be appropriate given the
proximity to transit the height and mass of surrounding buildings along H Street and
Massachusetts Avenue and the lack of adverse impacts on nearby residential areas The
rezoning will have a positive land use impact that is consistent with the Comprehensive Plan and
other planning goals of the District of Columbia
The Applicant requests a Zoning Map Amendment for the Subject Property to the D-4
Zone District This proposed zone plan is consistent with the Comprehensive Plan As discussed
more fully in Section IV the Future Land Use Map of the Comprehensive Plan locates the
Subject Property in the High Density Commercial and High Density Residential categories The
proposed D-4 zoning is necessary to accommodate the needed commercial density The
Comprehensive Plan states that the proposed D-4 Zone District (formerly C-3-C) is consistent
with the Future Land Use Map designation Accordingly the proposed rezoning of the Subject
Property to the D-4 Zone District is consistent with the Comprehensive Plan
7
843891011
IV COMPLIANCE WITH THE COMPREHENSIVE PLAN
The proposed rezoning is consistent with and fosters numerous goals and policies of the
Comprehensive Plan
The purposes of the District elements of the Comprehensive Plan for the National Capital are to (1) Define the requirements and aspirations of District residents and accordingly influence social economic and physical development (2) Guide executive and legislative decisions on matters affecting the District and its citizens (3) Promote economic growth and jobs for District residents (4) Guide private and public development in order to achieve District and community goals (5) Maintain and enhance the natural and architectural assets of the District and (6) Assist in the conservation stabilization and improvement of each neighborhood and community in the District
DC Code sect 1-30601(b) (2006) The proposed rezoning significantly advances these purposes
by furthering the physical and economic development of the District by facilitating the
redevelopment of a parking lot into an efficient addition to an existing office building in close
proximity to multiple Metrorail stations and other modes of transportation
A Citywide Elements
1 Framework Elements and Maps
The Framework Element provides guidelines for using the Future Land Use Map This
Element states that the Future Land Use Map should be interpreted ldquobroadlyrdquo and notes that the
zoning for an area should be guided by the Future Land Use Map interpreted in conjunction with
the text of the entire Comprehensive Plan
On the Future Land Use Map the Subject Property is mapped for High Density
Commercial and High Density Residential uses The High Density Commercial category
ldquodefine[s] the central employment district of the city and other major office employment centers
on the downtown perimeter It is characterized by office and mixed officeretail buildings greater
than eight stories in heightrdquo sect22511 The Zone Districts corresponding to High Density
Commercial areas include C-2-C C-3-C C-4 and C-5 the current designations for which are D-
8
843891011
4 D-5 D-6 and D-7 The High Density Residential category ldquodefine[s] neighborhoods and
corridors where high-rise (8 stories or more) apartment buildings are the predominant userdquo
sect2256 The Comprehensive Plan provides that R-5-D and R-5-E (now RA-4 and RA-5) Zone
Districts are consistent with High Density Residential
The rezoning is consistent with these definitions and the Zone Districts in this area Also
the rezoning will further the Elementrsquos goals of ldquoredevelopment and infill opportunities along
corridors and near transit stationsrdquo sect2176 as it will attain for more efficient use of the parking
lot space on H Street Finally the rezoning will strengthen downtown as ldquothe regionrsquos major
employment centerrdquo which the Element encourages by increasing the amount of commercial
development consistent with the Comprehensive Plan sect2188
On the Generalized Policy Map the Subject Property is designed as a ldquoLand Use Change
Areardquo Land Use Change Areas are identified as the areas where development is most
anticipated and ldquorepresent much of the cityrsquos supply of vacant and underutilized landrdquo sect22310
The Element designates areas as Land Use Change Areas to ldquoencourage and facilitate new
development and promote the adaptive reuse of existing structuresrdquo sect22311 ldquoThe District
aspires to create high quality environments that include exemplary site and architectural design
and that are compatible with and do not negatively impact nearby neighborhoodsrdquo sect22312 The
proposed rezoning will allow a quintessential Land Use Change Area development The
rezoning will facilitate the conversion of underutilized land into a space for high-quality
development
2 Land Use Element
The proposed rezoning advances several policies of the Land Use Element First the
Land Use Element encourages development using Metro stations as ldquoanchorsrdquo sect 30610 (LU-
9
843891011
131 Station Areas as Neighborhood Centers) as the best opportunities for infill development
sect 30611 (LU-132 Development around Metrorail Stations) and as pedestrian-oriented nodes
sect 3129 (LU-245 Encouraging Nodal Development) Here the Propertyrsquos proximity to the
Judiciary Square and other Metrorail stations furthers this use of Metro stations as anchors The
Property will be developed with the sort of pedestrian-oriented infill development promoted by
the Land Use Element
Second the Land Use Elements also seeks to foster the Central Employment Area as the
prime location for work in the District The Central Employment Area should ldquopromote the use
of this area with high-value land uses that enhance its image as the seat of the national
government and the center of the District of Columbia and that make the most efficient possible
use of its transportation facilitiesrdquo sect3049 (LU-114 Appropriate Uses in the CEA) The
Element specifies ldquothe CEA shall include the greater concentration of the cityrsquos private office
developmentrdquo sect3048 (LU-113 Central Employment Area) The Subject Property is located
adjacent to the Central Employment Area the boundary of which is H Street NW The rezoning
furthers the goals of the Element by not only creating more employment but by creating the
opportunity for additional office space adjacent to the Central Employment Area without
overburdening the congested office use in the ldquotraditionalrdquo downtown The rezoning also
encourages efficient use of the nearby transit facilities for employees coming to the Subject
Property
Third and finally the Land Use Element encourages creative parking management to
respond to the level of demand and mitigate congestion sectsect 30615 30916 and 31212 (LU-
136 Parking near Metro Stations LU-2111 Residential Parking Requirements and LU-248
Addressing Commercial Parking Impacts) The Element focuses developments on placing ldquoa
10
843891011
priority on attractive pedestrian-friendly design and a de-emphasis on auto-oriented uses and
surface parkingrdquo sect3064 (LU-13 Transit-Oriented and Corridor Development) Here the
rezoning meets the objectives of the Land Use Element by allowing for the future elimination of
the existing surface parking near a Metro station and offering an appropriate amount of enclosed
parking for employees
3 Other Elements
This rezoning is also consistent with policies in the Transportation Economic
Development and Urban Design Elements of the Comprehensive Plan The Transportation
Element encourages pedestrian-oriented development around transit stations sect 4031 (T-114
Transit-Oriented Development) and discourages auto-oriented uses such as ldquodrive-throughrdquo
business large surface parking lots and new curb cuts sect 4048 (T-123 Discouraging Auto-
Oriented Uses) The redevelopment of this site will be consistent with these objections and the
rezoning will encourage such a transit-oriented development As discussed the Property is
located in close proximity to multiple Metrorail stations Additionally there are many other bus
lines in the area and the commuter rail lines at Union Station are within a mile of the Subject
Property Therefore the redevelopment of the Property will enhance the use of public transit
based on the convenient location
The Economic Development Element encourages development that expands the office
sector in locations in the Central Washington area sect7076 (ED-211 Office Growth) A rezoning
that will allow the expansion of office space will constitute ldquoinfill and renovation within
established commercial districts to more efficiently use available space while providing
additional opportunities for spacerdquo sect70710 (ED-215 Infill and Renovation) Here the proposed
rezoning will facilitate the conversion of a surface parking lot to new office use amidst growing
11
843891011
demand in Mount Vernon Triangle thus providing more office space for the expanding demand
in a transit-rich area of the District
Finally the Map Amendment also supports the Urban Design Element of the
Comprehensive Plan First it furthers the Elementrsquos goal of view protection along H Street
Currently at the Subject Property there is an airshaft set apart from any other structures which
does not ldquoprovide greater focus and frame important vistas along thoroughfaresrdquo sect9064
(UD-14 Reinforcing Boulevards and Gateways) The rezoning will allow for a development that
may eliminate or wrap around the airshaft and allowing for a cohesive view that is uniform and
visually appealing
Additionally the Project also furthers the Elementrsquos goal of ldquoencourage[ing] creative
solutions for designing structured parking to minimize its visual prominencerdquo sect91021 (UD-
2211 Parking Structures) Instead of the current surface lot on the Subject Property a new
addition would enclose parking in the structure making it visually appealing and using the space
in an efficient way
B Compliance with Area Elements
The Subject Property is within the Central Washington Area Element This Element
encourages ldquoretain[ing] Central Washington as the premier office location in the Greater
Washington regionrdquo and guiding development ldquoeastward from its current area of concentrationrdquo
sect16083 (CW-112 Central Washington Office Growth) The Elementrsquos goals also include
making Central Washington ldquoa diverse placerdquo and states that ldquonon-profits also provide
desirable diversityrdquo sect16072 (Planning and Development Priorities) The proposed rezoning is
also consistent with the Elementrsquos goals for the specific Mount Vernon Triangle Area Echoing
policies elsewhere in the Comprehensive Plan the Central Washington Area Element encourages
projects in Mount Vernon Triangle to create ldquoeconomic valuerdquo and a ldquoquality environmentrdquo for
12
843891011
the area sect16145 (CW-24 Mount Vernon District) The proposed rezoning will serve all of these
goals ndash the non-profit AIPAC seeks to expand its current office and create more office space
outside of the current concentration of office spaces in downtown The addition will also make a
current inefficient use of space from the parking lot and airshaft into an efficient property with
high-quality office space that visually fits into the surrounding community The rezoning will
facilitate the possibility of this additional commercial space at the Property
13
843891011
V COMMUNITY CONTACTS
The community has been aware of AIPACrsquos interest in expanding for over two years
AIPAC representatives have met with ANC 6E twice since October of 2015 The Applicant will
be meeting with ANC 6E at an upcoming public meeting per the ANCrsquos request to review this
application
14
843891011
VI CONCLUSION
For the foregoing reasons the Applicant submits that the enclosed application meets the
standards of Chapter 5 of Subtitle X and Chapter 3 of Subtitle Z of the Zoning Regulations
Accordingly the Applicant respectfully requests that the Zoning Commission set the
rezoning application down for a public hearing at the earliest possible date
Respectfully submitted
GOULSTON amp STORRS PC
__s_____________________
Allison C Prince
__s_____________________
Meghan Hottel-Cox
Date September 1 2017
15
843891011
2nd amp H STREETS NW
By 251 Massachusetts Avenue LLC
APPLICATION TO THE DISTRICT OF COLUMBIA ZONING COMMISSION FOR
AN AMENDMENT TO THE ZONING MAP
September 1 2017
843891011
Applicant 251 Massachusetts Avenue LLC
251 H Street NW
Washington DC 20001
Land Use Counsel Goulston amp Storrs
1999 K Street NW 5th Floor
Washington DC 20006
i
843891011
TABLE OF CONTENTS
TABLE OF CONTENTS II
PREFACE IV
I INTRODUCTION 1
A Summary of Requested Action 1 B The Applicant 2 II THE PROPERTY 4
III PLANNING ANALYSIS ndash LAND USE AND ZONING IMPROVEMENTS 7
IV COMPLIANCE WITH THE COMPREHENSIVE PLAN 8
A Citywide Elements 8 B Compliance with Area Elements 12 V COMMUNITY CONTACTS 14
VI CONCLUSION 15
ii
843891011
EXHIBITS
Exhibit A ndash Application Form and Authorization Letter
Exhibit B ndash Zone Map
Exhibit C ndash Future Land Use Map
Exhibit D ndash Certificate of Notice
Exhibit E ndash Compliance with Regulations
Exhibit F ndash Publicly Available Information
Exhibit G ndash List of Property Owners within 200 feet of the Subject Property
Exhibit H ndash Plat
Exhibit I ndash Site and area photos
iii
843891011
PREFACE
This statement and the attached documents support the application of 251 Massachusetts
Avenue LLC to the Zoning Commission for a Zoning Map Amendment for the property known
as Lot 853 in Square 560 (ldquoSubject Propertyrdquo or ldquoPropertyrdquo) The Subject Property is in the
southern portion of Square 560 a rectangular-shaped block in NW bounded by 2nd 3rd H and K
Streets in Ward 6 The rezoning will facilitate the expansion of an existing office building on
adjacent Lot 852 at 251 H Street (ldquo251 Hrdquo) to meet the immediate and anticipated future growth
needs of the existing occupant of that building a non-profit organization
This application is consistent with the District of Columbia Comprehensive Plan DC
Law 16-300 10A DCMR (Planning and Development) sect 100 et seq (2006) (the
ldquoComprehensive Planrdquo) as well as the goals and policies of the District of Columbia
The Applicant originally proposed to expand 251 H by rezoning both the 251 H property
and the Subject Property to D-6 through the PUD process which would have allowed 130 feet of
building height Ultimately it was determined with input from the Office of Planning that the
rezoning process was simpler and more appropriate for this non-profit and that D-4 zoning while
more restrictive than D-6 would be sufficient to meet the Applicantrsquos needs
Submitted in support of this application are completed application forms a copy of the
notice of intent to file a rezoning application that was mailed to surrounding property owners and
parties (with the certification of mailing and list of property owners) and a map depicting the
Zone Districts for the property and surrounding area As set forth below this statement and the
attached documents meet the filing requirements for a map amendment under Subtitle X Chapter
5 and Subtitle Z Chapter 3 of the District of Columbia Zoning Regulations This application is
being filed as a contested case pursuant to Subtitle Z sect 2012(e) and Subtitle X Chapter 6
iv
843891011
I INTRODUCTION
A Summary of Requested Action
This statement and the attached documents support the application of 251 Massachusetts
Avenue LLC (ldquoOwnerrdquo or ldquoApplicantrdquo) to the Zoning Commission for a Zoning Map
Amendment for the rezoning of the Subject Property known as Lot 853 in Square 560 which is
located along the H Street corridor in Ward 6 within the jurisdiction of Advisory Neighborhood
Commission (ldquoANCrdquo) 6E The Subject Property is approximately four blocks from the Judiciary
Square Metrorail station and five blocks from the Union Station Metrorail station
The Subject Property is improved with a surface parking lot and contains 15000 square
feet of land area The I-395 Freeway runs underneath the Subject Property The site contains a
large and unsightly air shaft that was intended to provide ventilation to the I-395 tunnel The
Property is adjacent to the Applicantrsquos seven-story office building that serves as the headquarters
for the American Israel Public Affairs Committee (ldquoAIPACrdquo) a non-profit organization This
rezoning is driven by AIPACrsquos need to expand The Property can accommodate an addition to
serve the organizationrsquos projected future growth
The Subject Property is located in the High Density Commercial and High Density
Residential Land Use categories on the Future Land Use Map The Subject Property is currently
located in the MU-6 Zone District which was formerly known as the C-2-C Zone District The
Applicant seeks to rezone the property to the D-4 Zone District The Zoning Map Amendment
will not increase the maximum permitted height of 90 feet for the Property While it will only
increase the maximum FAR of 60 to 65 (or 78 if Density Credits are used) it will increase the
maximum permitted commercial FAR from 20 to 60
1
843891011
B The Applicant
The Applicant is a wholly-owned subsidiary of the American Israel Public Affairs
Committee (ldquoAIPACrdquo) AIPAC is a 100000+ member grass roots organization whose mission
is to strengthen protect and promote the US-Israel relationship in ways that enhance the
security of Israel and the United States AIPACrsquos staff and citizen activists educate decision
makers about the bonds that unite the United States and Israel and how it is in Americarsquos best
interest to help ensure that Israel is safe strong and secure The New York Times says AIPAC
is ldquothe most important organization affecting Americarsquos relationship with Israelrdquo
AIPAC is outgrowing its existing headquarters building at 251 H Street NW and the
proposed rezoning of the adjacent lot will facilitate its expansion When opened in February
2008 the current headquarters housed 125 employees In the eight years since opening AIPAC
has grown to 220 employees who currently work in its headquarters It anticipates having further
growth during the next three to five years The Applicant purchased the Property with the
expectation of creating additional space as AIPAC grew The Property will allow for additional
space to ensure that the organization will be able to remain on H Street for the foreseeable future
Notably the Applicant a wholly owned subsidiary of AIPAC is not exempt from real property
taxes in DC The Applicantrsquos current property taxes for the existing headquarters and the
Subject Project are $71706492 annually
Amendments to the Zoning Map are permitted provided that the new zone category is
ldquonot inconsistent with the Comprehensive Planrdquo DC Code Sec 6-64102 We strongly believe
that in this case a Map Amendment is appropriate Consistent with the Comprehensive Planrsquos
designation for the Property the Applicant proposes to rezone the Property to the D-4 Zone
District The D-4 Zone District is appropriate for the High Density CommercialHigh Density
2
843891011
Residential Land Use category After rezoning a potential commercial project under the D-4
Zone District would be permitted a height of 90 feet an FAR of 65 (or 78 with Density
Credits) and 100 lot occupancy
3
843891011
II THE PROPERTY
As described above the Subject Property consists of Lot 853 which is located above the
I-395 highway The parcel is part of a single record lot with other adjacent properties in the
square and is subject to a Single Record Lot Agreement that was originally recorded in 2006 and
was recently amended and restated
The Property is located at the northwestern corner of 2nd and H Streets NW and consists
of approximately 15000 square feet of land area The Property is improved with a surface level
parking lot and an air shaft that was used to vent the highway
The Property is subject to easements and covenants with the District of Columbia that
ensure continued operation of the highway as well as DDOT access to the support facilities
Construction on the Property will require review and approval by DDOT with concurrence by
the Federal Highway Administration Importantly the agreements explicitly list office and other
commercial and institutional uses as permitted uses
The Property is located in the Mount Vernon Triangle neighborhood at the edge of the
Downtown and NoMa neighborhoods and is surrounded by a mix of high density residential and
commercial uses as well as surface parking lots anticipated to be redeveloped As noted below
many of the surrounding properties have been constructed to a height of 130 feet
To the west and north of the Subject Property is an air rights parcel over a one story
portion of building a surface parking lot and along 3rd Street and Mount Carmel Baptist Church
all of which are part of the single record lot with the Subject Property The air rights parcel and
parking lot are anticipated to be redeveloped as a residential apartment building To the west of
the Property across 3rd Street NW is a 12-story residential building Further to the west are a
number of 12- and 13-story residential buildings
4
843891011
To the south of the Property across H Street NW is property that is maintained by the
District as Cobb Park The park is slated for a major renovation that is in the planning stages
Further to the south across Massachusetts Avenue NW is the northern block of the Capitol
Crossing PUD (ZC Order No 08-34) which is under construction and includes 130-foot tall
commercial office buildings To the southeast of the Subject Property at the southeast corner of
the intersection of 2nd and H Streets NW is an eight-story commercial office building
(commonly known as the ldquoDarth Vaderrdquo building) which measures over 100 feet in height and
was constructed pursuant to a PUD approved in ZC Case No 80-07 (ZC Order No 324) This
PUD was recently modified to include a Zoning Map Amendment to the C-4 Zone District
(based on the 1958 Zoning Regulations) to construct an addition allowing a building height of
130 feet and an FAR of 92 (ZC Order No 80-07A) To the east of the Subject Property are
surface parking lots that are being redeveloped pursuant to the Districtrsquos RFP process further to
the east is 77H which was recently redeveloped as a mixed-use residential and retail building
containing a Walmart
The Subject Property is approximately four blocks from the Judiciary Square Metrorail
station and other stations are also located within walking distance Additionally the Maryland
and Virginia commuter train services (MARC and VRE respectively) both service Union
Station which is six blocks from the Subject Property Multiple Metrobus lines also service the
Property
The Subject Property was formerly designated as C-2-C and is now designated as MU-6
Zone District under the 2016 Zoning Regulations Surrounding property to the north and west of
the Subject Property is located in the MU-6 and D-4-R Zone Districts Cobb Park to the south is
located in the D-4 Zone District the property further to the south in the Capitol Crossing PUD
5
843891011
was rezoned to the C-4 Zone District under the 1958 Zoning Regulations which is now known as
D-6 Property to the southeast is in the D-3 Zone District The triangular parcel immediately to
the east of the Subject Property is located in the MU-4 Zone District this parcel is District-
owned RFP site that is slated for development with a mixed-use residential building with ground
floor retail and a rezoning to the D-4-R Zone District (ZC Case 17-06) Property further to the
east is located in the MU-9 Zone District
6
843891011
IIIPLANNING ANALYSIS ndash LAND USE AND ZONING IMPROVEMENTS
As detailed in Section IV the proposed Map Amendment is fully consistent with the
goals and policies of the Comprehensive Plan for the District of Columbia which designate the
Subject Property for High Density Commercial and High Density Residential land use
Specifically the rezoning will allow for the expansion of AIPACrsquos existing nonprofit
headquarters in a transit-oriented location and high-demand area adjacent to the Central
Employment Area The proposed expansion under D-4 zoning will be appropriate given the
proximity to transit the height and mass of surrounding buildings along H Street and
Massachusetts Avenue and the lack of adverse impacts on nearby residential areas The
rezoning will have a positive land use impact that is consistent with the Comprehensive Plan and
other planning goals of the District of Columbia
The Applicant requests a Zoning Map Amendment for the Subject Property to the D-4
Zone District This proposed zone plan is consistent with the Comprehensive Plan As discussed
more fully in Section IV the Future Land Use Map of the Comprehensive Plan locates the
Subject Property in the High Density Commercial and High Density Residential categories The
proposed D-4 zoning is necessary to accommodate the needed commercial density The
Comprehensive Plan states that the proposed D-4 Zone District (formerly C-3-C) is consistent
with the Future Land Use Map designation Accordingly the proposed rezoning of the Subject
Property to the D-4 Zone District is consistent with the Comprehensive Plan
7
843891011
IV COMPLIANCE WITH THE COMPREHENSIVE PLAN
The proposed rezoning is consistent with and fosters numerous goals and policies of the
Comprehensive Plan
The purposes of the District elements of the Comprehensive Plan for the National Capital are to (1) Define the requirements and aspirations of District residents and accordingly influence social economic and physical development (2) Guide executive and legislative decisions on matters affecting the District and its citizens (3) Promote economic growth and jobs for District residents (4) Guide private and public development in order to achieve District and community goals (5) Maintain and enhance the natural and architectural assets of the District and (6) Assist in the conservation stabilization and improvement of each neighborhood and community in the District
DC Code sect 1-30601(b) (2006) The proposed rezoning significantly advances these purposes
by furthering the physical and economic development of the District by facilitating the
redevelopment of a parking lot into an efficient addition to an existing office building in close
proximity to multiple Metrorail stations and other modes of transportation
A Citywide Elements
1 Framework Elements and Maps
The Framework Element provides guidelines for using the Future Land Use Map This
Element states that the Future Land Use Map should be interpreted ldquobroadlyrdquo and notes that the
zoning for an area should be guided by the Future Land Use Map interpreted in conjunction with
the text of the entire Comprehensive Plan
On the Future Land Use Map the Subject Property is mapped for High Density
Commercial and High Density Residential uses The High Density Commercial category
ldquodefine[s] the central employment district of the city and other major office employment centers
on the downtown perimeter It is characterized by office and mixed officeretail buildings greater
than eight stories in heightrdquo sect22511 The Zone Districts corresponding to High Density
Commercial areas include C-2-C C-3-C C-4 and C-5 the current designations for which are D-
8
843891011
4 D-5 D-6 and D-7 The High Density Residential category ldquodefine[s] neighborhoods and
corridors where high-rise (8 stories or more) apartment buildings are the predominant userdquo
sect2256 The Comprehensive Plan provides that R-5-D and R-5-E (now RA-4 and RA-5) Zone
Districts are consistent with High Density Residential
The rezoning is consistent with these definitions and the Zone Districts in this area Also
the rezoning will further the Elementrsquos goals of ldquoredevelopment and infill opportunities along
corridors and near transit stationsrdquo sect2176 as it will attain for more efficient use of the parking
lot space on H Street Finally the rezoning will strengthen downtown as ldquothe regionrsquos major
employment centerrdquo which the Element encourages by increasing the amount of commercial
development consistent with the Comprehensive Plan sect2188
On the Generalized Policy Map the Subject Property is designed as a ldquoLand Use Change
Areardquo Land Use Change Areas are identified as the areas where development is most
anticipated and ldquorepresent much of the cityrsquos supply of vacant and underutilized landrdquo sect22310
The Element designates areas as Land Use Change Areas to ldquoencourage and facilitate new
development and promote the adaptive reuse of existing structuresrdquo sect22311 ldquoThe District
aspires to create high quality environments that include exemplary site and architectural design
and that are compatible with and do not negatively impact nearby neighborhoodsrdquo sect22312 The
proposed rezoning will allow a quintessential Land Use Change Area development The
rezoning will facilitate the conversion of underutilized land into a space for high-quality
development
2 Land Use Element
The proposed rezoning advances several policies of the Land Use Element First the
Land Use Element encourages development using Metro stations as ldquoanchorsrdquo sect 30610 (LU-
9
843891011
131 Station Areas as Neighborhood Centers) as the best opportunities for infill development
sect 30611 (LU-132 Development around Metrorail Stations) and as pedestrian-oriented nodes
sect 3129 (LU-245 Encouraging Nodal Development) Here the Propertyrsquos proximity to the
Judiciary Square and other Metrorail stations furthers this use of Metro stations as anchors The
Property will be developed with the sort of pedestrian-oriented infill development promoted by
the Land Use Element
Second the Land Use Elements also seeks to foster the Central Employment Area as the
prime location for work in the District The Central Employment Area should ldquopromote the use
of this area with high-value land uses that enhance its image as the seat of the national
government and the center of the District of Columbia and that make the most efficient possible
use of its transportation facilitiesrdquo sect3049 (LU-114 Appropriate Uses in the CEA) The
Element specifies ldquothe CEA shall include the greater concentration of the cityrsquos private office
developmentrdquo sect3048 (LU-113 Central Employment Area) The Subject Property is located
adjacent to the Central Employment Area the boundary of which is H Street NW The rezoning
furthers the goals of the Element by not only creating more employment but by creating the
opportunity for additional office space adjacent to the Central Employment Area without
overburdening the congested office use in the ldquotraditionalrdquo downtown The rezoning also
encourages efficient use of the nearby transit facilities for employees coming to the Subject
Property
Third and finally the Land Use Element encourages creative parking management to
respond to the level of demand and mitigate congestion sectsect 30615 30916 and 31212 (LU-
136 Parking near Metro Stations LU-2111 Residential Parking Requirements and LU-248
Addressing Commercial Parking Impacts) The Element focuses developments on placing ldquoa
10
843891011
priority on attractive pedestrian-friendly design and a de-emphasis on auto-oriented uses and
surface parkingrdquo sect3064 (LU-13 Transit-Oriented and Corridor Development) Here the
rezoning meets the objectives of the Land Use Element by allowing for the future elimination of
the existing surface parking near a Metro station and offering an appropriate amount of enclosed
parking for employees
3 Other Elements
This rezoning is also consistent with policies in the Transportation Economic
Development and Urban Design Elements of the Comprehensive Plan The Transportation
Element encourages pedestrian-oriented development around transit stations sect 4031 (T-114
Transit-Oriented Development) and discourages auto-oriented uses such as ldquodrive-throughrdquo
business large surface parking lots and new curb cuts sect 4048 (T-123 Discouraging Auto-
Oriented Uses) The redevelopment of this site will be consistent with these objections and the
rezoning will encourage such a transit-oriented development As discussed the Property is
located in close proximity to multiple Metrorail stations Additionally there are many other bus
lines in the area and the commuter rail lines at Union Station are within a mile of the Subject
Property Therefore the redevelopment of the Property will enhance the use of public transit
based on the convenient location
The Economic Development Element encourages development that expands the office
sector in locations in the Central Washington area sect7076 (ED-211 Office Growth) A rezoning
that will allow the expansion of office space will constitute ldquoinfill and renovation within
established commercial districts to more efficiently use available space while providing
additional opportunities for spacerdquo sect70710 (ED-215 Infill and Renovation) Here the proposed
rezoning will facilitate the conversion of a surface parking lot to new office use amidst growing
11
843891011
demand in Mount Vernon Triangle thus providing more office space for the expanding demand
in a transit-rich area of the District
Finally the Map Amendment also supports the Urban Design Element of the
Comprehensive Plan First it furthers the Elementrsquos goal of view protection along H Street
Currently at the Subject Property there is an airshaft set apart from any other structures which
does not ldquoprovide greater focus and frame important vistas along thoroughfaresrdquo sect9064
(UD-14 Reinforcing Boulevards and Gateways) The rezoning will allow for a development that
may eliminate or wrap around the airshaft and allowing for a cohesive view that is uniform and
visually appealing
Additionally the Project also furthers the Elementrsquos goal of ldquoencourage[ing] creative
solutions for designing structured parking to minimize its visual prominencerdquo sect91021 (UD-
2211 Parking Structures) Instead of the current surface lot on the Subject Property a new
addition would enclose parking in the structure making it visually appealing and using the space
in an efficient way
B Compliance with Area Elements
The Subject Property is within the Central Washington Area Element This Element
encourages ldquoretain[ing] Central Washington as the premier office location in the Greater
Washington regionrdquo and guiding development ldquoeastward from its current area of concentrationrdquo
sect16083 (CW-112 Central Washington Office Growth) The Elementrsquos goals also include
making Central Washington ldquoa diverse placerdquo and states that ldquonon-profits also provide
desirable diversityrdquo sect16072 (Planning and Development Priorities) The proposed rezoning is
also consistent with the Elementrsquos goals for the specific Mount Vernon Triangle Area Echoing
policies elsewhere in the Comprehensive Plan the Central Washington Area Element encourages
projects in Mount Vernon Triangle to create ldquoeconomic valuerdquo and a ldquoquality environmentrdquo for
12
843891011
the area sect16145 (CW-24 Mount Vernon District) The proposed rezoning will serve all of these
goals ndash the non-profit AIPAC seeks to expand its current office and create more office space
outside of the current concentration of office spaces in downtown The addition will also make a
current inefficient use of space from the parking lot and airshaft into an efficient property with
high-quality office space that visually fits into the surrounding community The rezoning will
facilitate the possibility of this additional commercial space at the Property
13
843891011
V COMMUNITY CONTACTS
The community has been aware of AIPACrsquos interest in expanding for over two years
AIPAC representatives have met with ANC 6E twice since October of 2015 The Applicant will
be meeting with ANC 6E at an upcoming public meeting per the ANCrsquos request to review this
application
14
843891011
VI CONCLUSION
For the foregoing reasons the Applicant submits that the enclosed application meets the
standards of Chapter 5 of Subtitle X and Chapter 3 of Subtitle Z of the Zoning Regulations
Accordingly the Applicant respectfully requests that the Zoning Commission set the
rezoning application down for a public hearing at the earliest possible date
Respectfully submitted
GOULSTON amp STORRS PC
__s_____________________
Allison C Prince
__s_____________________
Meghan Hottel-Cox
Date September 1 2017
15
843891011
2nd amp H STREETS NW
By 251 Massachusetts Avenue LLC
APPLICATION TO THE DISTRICT OF COLUMBIA ZONING COMMISSION FOR
AN AMENDMENT TO THE ZONING MAP
September 1 2017
843891011
Applicant 251 Massachusetts Avenue LLC
251 H Street NW
Washington DC 20001
Land Use Counsel Goulston amp Storrs
1999 K Street NW 5th Floor
Washington DC 20006
i
843891011
TABLE OF CONTENTS
TABLE OF CONTENTS II
PREFACE IV
I INTRODUCTION 1
A Summary of Requested Action 1 B The Applicant 2 II THE PROPERTY 4
III PLANNING ANALYSIS ndash LAND USE AND ZONING IMPROVEMENTS 7
IV COMPLIANCE WITH THE COMPREHENSIVE PLAN 8
A Citywide Elements 8 B Compliance with Area Elements 12 V COMMUNITY CONTACTS 14
VI CONCLUSION 15
ii
843891011
EXHIBITS
Exhibit A ndash Application Form and Authorization Letter
Exhibit B ndash Zone Map
Exhibit C ndash Future Land Use Map
Exhibit D ndash Certificate of Notice
Exhibit E ndash Compliance with Regulations
Exhibit F ndash Publicly Available Information
Exhibit G ndash List of Property Owners within 200 feet of the Subject Property
Exhibit H ndash Plat
Exhibit I ndash Site and area photos
iii
843891011
PREFACE
This statement and the attached documents support the application of 251 Massachusetts
Avenue LLC to the Zoning Commission for a Zoning Map Amendment for the property known
as Lot 853 in Square 560 (ldquoSubject Propertyrdquo or ldquoPropertyrdquo) The Subject Property is in the
southern portion of Square 560 a rectangular-shaped block in NW bounded by 2nd 3rd H and K
Streets in Ward 6 The rezoning will facilitate the expansion of an existing office building on
adjacent Lot 852 at 251 H Street (ldquo251 Hrdquo) to meet the immediate and anticipated future growth
needs of the existing occupant of that building a non-profit organization
This application is consistent with the District of Columbia Comprehensive Plan DC
Law 16-300 10A DCMR (Planning and Development) sect 100 et seq (2006) (the
ldquoComprehensive Planrdquo) as well as the goals and policies of the District of Columbia
The Applicant originally proposed to expand 251 H by rezoning both the 251 H property
and the Subject Property to D-6 through the PUD process which would have allowed 130 feet of
building height Ultimately it was determined with input from the Office of Planning that the
rezoning process was simpler and more appropriate for this non-profit and that D-4 zoning while
more restrictive than D-6 would be sufficient to meet the Applicantrsquos needs
Submitted in support of this application are completed application forms a copy of the
notice of intent to file a rezoning application that was mailed to surrounding property owners and
parties (with the certification of mailing and list of property owners) and a map depicting the
Zone Districts for the property and surrounding area As set forth below this statement and the
attached documents meet the filing requirements for a map amendment under Subtitle X Chapter
5 and Subtitle Z Chapter 3 of the District of Columbia Zoning Regulations This application is
being filed as a contested case pursuant to Subtitle Z sect 2012(e) and Subtitle X Chapter 6
iv
843891011
I INTRODUCTION
A Summary of Requested Action
This statement and the attached documents support the application of 251 Massachusetts
Avenue LLC (ldquoOwnerrdquo or ldquoApplicantrdquo) to the Zoning Commission for a Zoning Map
Amendment for the rezoning of the Subject Property known as Lot 853 in Square 560 which is
located along the H Street corridor in Ward 6 within the jurisdiction of Advisory Neighborhood
Commission (ldquoANCrdquo) 6E The Subject Property is approximately four blocks from the Judiciary
Square Metrorail station and five blocks from the Union Station Metrorail station
The Subject Property is improved with a surface parking lot and contains 15000 square
feet of land area The I-395 Freeway runs underneath the Subject Property The site contains a
large and unsightly air shaft that was intended to provide ventilation to the I-395 tunnel The
Property is adjacent to the Applicantrsquos seven-story office building that serves as the headquarters
for the American Israel Public Affairs Committee (ldquoAIPACrdquo) a non-profit organization This
rezoning is driven by AIPACrsquos need to expand The Property can accommodate an addition to
serve the organizationrsquos projected future growth
The Subject Property is located in the High Density Commercial and High Density
Residential Land Use categories on the Future Land Use Map The Subject Property is currently
located in the MU-6 Zone District which was formerly known as the C-2-C Zone District The
Applicant seeks to rezone the property to the D-4 Zone District The Zoning Map Amendment
will not increase the maximum permitted height of 90 feet for the Property While it will only
increase the maximum FAR of 60 to 65 (or 78 if Density Credits are used) it will increase the
maximum permitted commercial FAR from 20 to 60
1
843891011
B The Applicant
The Applicant is a wholly-owned subsidiary of the American Israel Public Affairs
Committee (ldquoAIPACrdquo) AIPAC is a 100000+ member grass roots organization whose mission
is to strengthen protect and promote the US-Israel relationship in ways that enhance the
security of Israel and the United States AIPACrsquos staff and citizen activists educate decision
makers about the bonds that unite the United States and Israel and how it is in Americarsquos best
interest to help ensure that Israel is safe strong and secure The New York Times says AIPAC
is ldquothe most important organization affecting Americarsquos relationship with Israelrdquo
AIPAC is outgrowing its existing headquarters building at 251 H Street NW and the
proposed rezoning of the adjacent lot will facilitate its expansion When opened in February
2008 the current headquarters housed 125 employees In the eight years since opening AIPAC
has grown to 220 employees who currently work in its headquarters It anticipates having further
growth during the next three to five years The Applicant purchased the Property with the
expectation of creating additional space as AIPAC grew The Property will allow for additional
space to ensure that the organization will be able to remain on H Street for the foreseeable future
Notably the Applicant a wholly owned subsidiary of AIPAC is not exempt from real property
taxes in DC The Applicantrsquos current property taxes for the existing headquarters and the
Subject Project are $71706492 annually
Amendments to the Zoning Map are permitted provided that the new zone category is
ldquonot inconsistent with the Comprehensive Planrdquo DC Code Sec 6-64102 We strongly believe
that in this case a Map Amendment is appropriate Consistent with the Comprehensive Planrsquos
designation for the Property the Applicant proposes to rezone the Property to the D-4 Zone
District The D-4 Zone District is appropriate for the High Density CommercialHigh Density
2
843891011
Residential Land Use category After rezoning a potential commercial project under the D-4
Zone District would be permitted a height of 90 feet an FAR of 65 (or 78 with Density
Credits) and 100 lot occupancy
3
843891011
II THE PROPERTY
As described above the Subject Property consists of Lot 853 which is located above the
I-395 highway The parcel is part of a single record lot with other adjacent properties in the
square and is subject to a Single Record Lot Agreement that was originally recorded in 2006 and
was recently amended and restated
The Property is located at the northwestern corner of 2nd and H Streets NW and consists
of approximately 15000 square feet of land area The Property is improved with a surface level
parking lot and an air shaft that was used to vent the highway
The Property is subject to easements and covenants with the District of Columbia that
ensure continued operation of the highway as well as DDOT access to the support facilities
Construction on the Property will require review and approval by DDOT with concurrence by
the Federal Highway Administration Importantly the agreements explicitly list office and other
commercial and institutional uses as permitted uses
The Property is located in the Mount Vernon Triangle neighborhood at the edge of the
Downtown and NoMa neighborhoods and is surrounded by a mix of high density residential and
commercial uses as well as surface parking lots anticipated to be redeveloped As noted below
many of the surrounding properties have been constructed to a height of 130 feet
To the west and north of the Subject Property is an air rights parcel over a one story
portion of building a surface parking lot and along 3rd Street and Mount Carmel Baptist Church
all of which are part of the single record lot with the Subject Property The air rights parcel and
parking lot are anticipated to be redeveloped as a residential apartment building To the west of
the Property across 3rd Street NW is a 12-story residential building Further to the west are a
number of 12- and 13-story residential buildings
4
843891011
To the south of the Property across H Street NW is property that is maintained by the
District as Cobb Park The park is slated for a major renovation that is in the planning stages
Further to the south across Massachusetts Avenue NW is the northern block of the Capitol
Crossing PUD (ZC Order No 08-34) which is under construction and includes 130-foot tall
commercial office buildings To the southeast of the Subject Property at the southeast corner of
the intersection of 2nd and H Streets NW is an eight-story commercial office building
(commonly known as the ldquoDarth Vaderrdquo building) which measures over 100 feet in height and
was constructed pursuant to a PUD approved in ZC Case No 80-07 (ZC Order No 324) This
PUD was recently modified to include a Zoning Map Amendment to the C-4 Zone District
(based on the 1958 Zoning Regulations) to construct an addition allowing a building height of
130 feet and an FAR of 92 (ZC Order No 80-07A) To the east of the Subject Property are
surface parking lots that are being redeveloped pursuant to the Districtrsquos RFP process further to
the east is 77H which was recently redeveloped as a mixed-use residential and retail building
containing a Walmart
The Subject Property is approximately four blocks from the Judiciary Square Metrorail
station and other stations are also located within walking distance Additionally the Maryland
and Virginia commuter train services (MARC and VRE respectively) both service Union
Station which is six blocks from the Subject Property Multiple Metrobus lines also service the
Property
The Subject Property was formerly designated as C-2-C and is now designated as MU-6
Zone District under the 2016 Zoning Regulations Surrounding property to the north and west of
the Subject Property is located in the MU-6 and D-4-R Zone Districts Cobb Park to the south is
located in the D-4 Zone District the property further to the south in the Capitol Crossing PUD
5
843891011
was rezoned to the C-4 Zone District under the 1958 Zoning Regulations which is now known as
D-6 Property to the southeast is in the D-3 Zone District The triangular parcel immediately to
the east of the Subject Property is located in the MU-4 Zone District this parcel is District-
owned RFP site that is slated for development with a mixed-use residential building with ground
floor retail and a rezoning to the D-4-R Zone District (ZC Case 17-06) Property further to the
east is located in the MU-9 Zone District
6
843891011
IIIPLANNING ANALYSIS ndash LAND USE AND ZONING IMPROVEMENTS
As detailed in Section IV the proposed Map Amendment is fully consistent with the
goals and policies of the Comprehensive Plan for the District of Columbia which designate the
Subject Property for High Density Commercial and High Density Residential land use
Specifically the rezoning will allow for the expansion of AIPACrsquos existing nonprofit
headquarters in a transit-oriented location and high-demand area adjacent to the Central
Employment Area The proposed expansion under D-4 zoning will be appropriate given the
proximity to transit the height and mass of surrounding buildings along H Street and
Massachusetts Avenue and the lack of adverse impacts on nearby residential areas The
rezoning will have a positive land use impact that is consistent with the Comprehensive Plan and
other planning goals of the District of Columbia
The Applicant requests a Zoning Map Amendment for the Subject Property to the D-4
Zone District This proposed zone plan is consistent with the Comprehensive Plan As discussed
more fully in Section IV the Future Land Use Map of the Comprehensive Plan locates the
Subject Property in the High Density Commercial and High Density Residential categories The
proposed D-4 zoning is necessary to accommodate the needed commercial density The
Comprehensive Plan states that the proposed D-4 Zone District (formerly C-3-C) is consistent
with the Future Land Use Map designation Accordingly the proposed rezoning of the Subject
Property to the D-4 Zone District is consistent with the Comprehensive Plan
7
843891011
IV COMPLIANCE WITH THE COMPREHENSIVE PLAN
The proposed rezoning is consistent with and fosters numerous goals and policies of the
Comprehensive Plan
The purposes of the District elements of the Comprehensive Plan for the National Capital are to (1) Define the requirements and aspirations of District residents and accordingly influence social economic and physical development (2) Guide executive and legislative decisions on matters affecting the District and its citizens (3) Promote economic growth and jobs for District residents (4) Guide private and public development in order to achieve District and community goals (5) Maintain and enhance the natural and architectural assets of the District and (6) Assist in the conservation stabilization and improvement of each neighborhood and community in the District
DC Code sect 1-30601(b) (2006) The proposed rezoning significantly advances these purposes
by furthering the physical and economic development of the District by facilitating the
redevelopment of a parking lot into an efficient addition to an existing office building in close
proximity to multiple Metrorail stations and other modes of transportation
A Citywide Elements
1 Framework Elements and Maps
The Framework Element provides guidelines for using the Future Land Use Map This
Element states that the Future Land Use Map should be interpreted ldquobroadlyrdquo and notes that the
zoning for an area should be guided by the Future Land Use Map interpreted in conjunction with
the text of the entire Comprehensive Plan
On the Future Land Use Map the Subject Property is mapped for High Density
Commercial and High Density Residential uses The High Density Commercial category
ldquodefine[s] the central employment district of the city and other major office employment centers
on the downtown perimeter It is characterized by office and mixed officeretail buildings greater
than eight stories in heightrdquo sect22511 The Zone Districts corresponding to High Density
Commercial areas include C-2-C C-3-C C-4 and C-5 the current designations for which are D-
8
843891011
4 D-5 D-6 and D-7 The High Density Residential category ldquodefine[s] neighborhoods and
corridors where high-rise (8 stories or more) apartment buildings are the predominant userdquo
sect2256 The Comprehensive Plan provides that R-5-D and R-5-E (now RA-4 and RA-5) Zone
Districts are consistent with High Density Residential
The rezoning is consistent with these definitions and the Zone Districts in this area Also
the rezoning will further the Elementrsquos goals of ldquoredevelopment and infill opportunities along
corridors and near transit stationsrdquo sect2176 as it will attain for more efficient use of the parking
lot space on H Street Finally the rezoning will strengthen downtown as ldquothe regionrsquos major
employment centerrdquo which the Element encourages by increasing the amount of commercial
development consistent with the Comprehensive Plan sect2188
On the Generalized Policy Map the Subject Property is designed as a ldquoLand Use Change
Areardquo Land Use Change Areas are identified as the areas where development is most
anticipated and ldquorepresent much of the cityrsquos supply of vacant and underutilized landrdquo sect22310
The Element designates areas as Land Use Change Areas to ldquoencourage and facilitate new
development and promote the adaptive reuse of existing structuresrdquo sect22311 ldquoThe District
aspires to create high quality environments that include exemplary site and architectural design
and that are compatible with and do not negatively impact nearby neighborhoodsrdquo sect22312 The
proposed rezoning will allow a quintessential Land Use Change Area development The
rezoning will facilitate the conversion of underutilized land into a space for high-quality
development
2 Land Use Element
The proposed rezoning advances several policies of the Land Use Element First the
Land Use Element encourages development using Metro stations as ldquoanchorsrdquo sect 30610 (LU-
9
843891011
131 Station Areas as Neighborhood Centers) as the best opportunities for infill development
sect 30611 (LU-132 Development around Metrorail Stations) and as pedestrian-oriented nodes
sect 3129 (LU-245 Encouraging Nodal Development) Here the Propertyrsquos proximity to the
Judiciary Square and other Metrorail stations furthers this use of Metro stations as anchors The
Property will be developed with the sort of pedestrian-oriented infill development promoted by
the Land Use Element
Second the Land Use Elements also seeks to foster the Central Employment Area as the
prime location for work in the District The Central Employment Area should ldquopromote the use
of this area with high-value land uses that enhance its image as the seat of the national
government and the center of the District of Columbia and that make the most efficient possible
use of its transportation facilitiesrdquo sect3049 (LU-114 Appropriate Uses in the CEA) The
Element specifies ldquothe CEA shall include the greater concentration of the cityrsquos private office
developmentrdquo sect3048 (LU-113 Central Employment Area) The Subject Property is located
adjacent to the Central Employment Area the boundary of which is H Street NW The rezoning
furthers the goals of the Element by not only creating more employment but by creating the
opportunity for additional office space adjacent to the Central Employment Area without
overburdening the congested office use in the ldquotraditionalrdquo downtown The rezoning also
encourages efficient use of the nearby transit facilities for employees coming to the Subject
Property
Third and finally the Land Use Element encourages creative parking management to
respond to the level of demand and mitigate congestion sectsect 30615 30916 and 31212 (LU-
136 Parking near Metro Stations LU-2111 Residential Parking Requirements and LU-248
Addressing Commercial Parking Impacts) The Element focuses developments on placing ldquoa
10
843891011
priority on attractive pedestrian-friendly design and a de-emphasis on auto-oriented uses and
surface parkingrdquo sect3064 (LU-13 Transit-Oriented and Corridor Development) Here the
rezoning meets the objectives of the Land Use Element by allowing for the future elimination of
the existing surface parking near a Metro station and offering an appropriate amount of enclosed
parking for employees
3 Other Elements
This rezoning is also consistent with policies in the Transportation Economic
Development and Urban Design Elements of the Comprehensive Plan The Transportation
Element encourages pedestrian-oriented development around transit stations sect 4031 (T-114
Transit-Oriented Development) and discourages auto-oriented uses such as ldquodrive-throughrdquo
business large surface parking lots and new curb cuts sect 4048 (T-123 Discouraging Auto-
Oriented Uses) The redevelopment of this site will be consistent with these objections and the
rezoning will encourage such a transit-oriented development As discussed the Property is
located in close proximity to multiple Metrorail stations Additionally there are many other bus
lines in the area and the commuter rail lines at Union Station are within a mile of the Subject
Property Therefore the redevelopment of the Property will enhance the use of public transit
based on the convenient location
The Economic Development Element encourages development that expands the office
sector in locations in the Central Washington area sect7076 (ED-211 Office Growth) A rezoning
that will allow the expansion of office space will constitute ldquoinfill and renovation within
established commercial districts to more efficiently use available space while providing
additional opportunities for spacerdquo sect70710 (ED-215 Infill and Renovation) Here the proposed
rezoning will facilitate the conversion of a surface parking lot to new office use amidst growing
11
843891011
demand in Mount Vernon Triangle thus providing more office space for the expanding demand
in a transit-rich area of the District
Finally the Map Amendment also supports the Urban Design Element of the
Comprehensive Plan First it furthers the Elementrsquos goal of view protection along H Street
Currently at the Subject Property there is an airshaft set apart from any other structures which
does not ldquoprovide greater focus and frame important vistas along thoroughfaresrdquo sect9064
(UD-14 Reinforcing Boulevards and Gateways) The rezoning will allow for a development that
may eliminate or wrap around the airshaft and allowing for a cohesive view that is uniform and
visually appealing
Additionally the Project also furthers the Elementrsquos goal of ldquoencourage[ing] creative
solutions for designing structured parking to minimize its visual prominencerdquo sect91021 (UD-
2211 Parking Structures) Instead of the current surface lot on the Subject Property a new
addition would enclose parking in the structure making it visually appealing and using the space
in an efficient way
B Compliance with Area Elements
The Subject Property is within the Central Washington Area Element This Element
encourages ldquoretain[ing] Central Washington as the premier office location in the Greater
Washington regionrdquo and guiding development ldquoeastward from its current area of concentrationrdquo
sect16083 (CW-112 Central Washington Office Growth) The Elementrsquos goals also include
making Central Washington ldquoa diverse placerdquo and states that ldquonon-profits also provide
desirable diversityrdquo sect16072 (Planning and Development Priorities) The proposed rezoning is
also consistent with the Elementrsquos goals for the specific Mount Vernon Triangle Area Echoing
policies elsewhere in the Comprehensive Plan the Central Washington Area Element encourages
projects in Mount Vernon Triangle to create ldquoeconomic valuerdquo and a ldquoquality environmentrdquo for
12
843891011
the area sect16145 (CW-24 Mount Vernon District) The proposed rezoning will serve all of these
goals ndash the non-profit AIPAC seeks to expand its current office and create more office space
outside of the current concentration of office spaces in downtown The addition will also make a
current inefficient use of space from the parking lot and airshaft into an efficient property with
high-quality office space that visually fits into the surrounding community The rezoning will
facilitate the possibility of this additional commercial space at the Property
13
843891011
V COMMUNITY CONTACTS
The community has been aware of AIPACrsquos interest in expanding for over two years
AIPAC representatives have met with ANC 6E twice since October of 2015 The Applicant will
be meeting with ANC 6E at an upcoming public meeting per the ANCrsquos request to review this
application
14
843891011
VI CONCLUSION
For the foregoing reasons the Applicant submits that the enclosed application meets the
standards of Chapter 5 of Subtitle X and Chapter 3 of Subtitle Z of the Zoning Regulations
Accordingly the Applicant respectfully requests that the Zoning Commission set the
rezoning application down for a public hearing at the earliest possible date
Respectfully submitted
GOULSTON amp STORRS PC
__s_____________________
Allison C Prince
__s_____________________
Meghan Hottel-Cox
Date September 1 2017
15
843891011
2nd amp H STREETS NW
By 251 Massachusetts Avenue LLC
APPLICATION TO THE DISTRICT OF COLUMBIA ZONING COMMISSION FOR
AN AMENDMENT TO THE ZONING MAP
September 1 2017
843891011
Applicant 251 Massachusetts Avenue LLC
251 H Street NW
Washington DC 20001
Land Use Counsel Goulston amp Storrs
1999 K Street NW 5th Floor
Washington DC 20006
i
843891011
TABLE OF CONTENTS
TABLE OF CONTENTS II
PREFACE IV
I INTRODUCTION 1
A Summary of Requested Action 1 B The Applicant 2 II THE PROPERTY 4
III PLANNING ANALYSIS ndash LAND USE AND ZONING IMPROVEMENTS 7
IV COMPLIANCE WITH THE COMPREHENSIVE PLAN 8
A Citywide Elements 8 B Compliance with Area Elements 12 V COMMUNITY CONTACTS 14
VI CONCLUSION 15
ii
843891011
EXHIBITS
Exhibit A ndash Application Form and Authorization Letter
Exhibit B ndash Zone Map
Exhibit C ndash Future Land Use Map
Exhibit D ndash Certificate of Notice
Exhibit E ndash Compliance with Regulations
Exhibit F ndash Publicly Available Information
Exhibit G ndash List of Property Owners within 200 feet of the Subject Property
Exhibit H ndash Plat
Exhibit I ndash Site and area photos
iii
843891011
PREFACE
This statement and the attached documents support the application of 251 Massachusetts
Avenue LLC to the Zoning Commission for a Zoning Map Amendment for the property known
as Lot 853 in Square 560 (ldquoSubject Propertyrdquo or ldquoPropertyrdquo) The Subject Property is in the
southern portion of Square 560 a rectangular-shaped block in NW bounded by 2nd 3rd H and K
Streets in Ward 6 The rezoning will facilitate the expansion of an existing office building on
adjacent Lot 852 at 251 H Street (ldquo251 Hrdquo) to meet the immediate and anticipated future growth
needs of the existing occupant of that building a non-profit organization
This application is consistent with the District of Columbia Comprehensive Plan DC
Law 16-300 10A DCMR (Planning and Development) sect 100 et seq (2006) (the
ldquoComprehensive Planrdquo) as well as the goals and policies of the District of Columbia
The Applicant originally proposed to expand 251 H by rezoning both the 251 H property
and the Subject Property to D-6 through the PUD process which would have allowed 130 feet of
building height Ultimately it was determined with input from the Office of Planning that the
rezoning process was simpler and more appropriate for this non-profit and that D-4 zoning while
more restrictive than D-6 would be sufficient to meet the Applicantrsquos needs
Submitted in support of this application are completed application forms a copy of the
notice of intent to file a rezoning application that was mailed to surrounding property owners and
parties (with the certification of mailing and list of property owners) and a map depicting the
Zone Districts for the property and surrounding area As set forth below this statement and the
attached documents meet the filing requirements for a map amendment under Subtitle X Chapter
5 and Subtitle Z Chapter 3 of the District of Columbia Zoning Regulations This application is
being filed as a contested case pursuant to Subtitle Z sect 2012(e) and Subtitle X Chapter 6
iv
843891011
I INTRODUCTION
A Summary of Requested Action
This statement and the attached documents support the application of 251 Massachusetts
Avenue LLC (ldquoOwnerrdquo or ldquoApplicantrdquo) to the Zoning Commission for a Zoning Map
Amendment for the rezoning of the Subject Property known as Lot 853 in Square 560 which is
located along the H Street corridor in Ward 6 within the jurisdiction of Advisory Neighborhood
Commission (ldquoANCrdquo) 6E The Subject Property is approximately four blocks from the Judiciary
Square Metrorail station and five blocks from the Union Station Metrorail station
The Subject Property is improved with a surface parking lot and contains 15000 square
feet of land area The I-395 Freeway runs underneath the Subject Property The site contains a
large and unsightly air shaft that was intended to provide ventilation to the I-395 tunnel The
Property is adjacent to the Applicantrsquos seven-story office building that serves as the headquarters
for the American Israel Public Affairs Committee (ldquoAIPACrdquo) a non-profit organization This
rezoning is driven by AIPACrsquos need to expand The Property can accommodate an addition to
serve the organizationrsquos projected future growth
The Subject Property is located in the High Density Commercial and High Density
Residential Land Use categories on the Future Land Use Map The Subject Property is currently
located in the MU-6 Zone District which was formerly known as the C-2-C Zone District The
Applicant seeks to rezone the property to the D-4 Zone District The Zoning Map Amendment
will not increase the maximum permitted height of 90 feet for the Property While it will only
increase the maximum FAR of 60 to 65 (or 78 if Density Credits are used) it will increase the
maximum permitted commercial FAR from 20 to 60
1
843891011
B The Applicant
The Applicant is a wholly-owned subsidiary of the American Israel Public Affairs
Committee (ldquoAIPACrdquo) AIPAC is a 100000+ member grass roots organization whose mission
is to strengthen protect and promote the US-Israel relationship in ways that enhance the
security of Israel and the United States AIPACrsquos staff and citizen activists educate decision
makers about the bonds that unite the United States and Israel and how it is in Americarsquos best
interest to help ensure that Israel is safe strong and secure The New York Times says AIPAC
is ldquothe most important organization affecting Americarsquos relationship with Israelrdquo
AIPAC is outgrowing its existing headquarters building at 251 H Street NW and the
proposed rezoning of the adjacent lot will facilitate its expansion When opened in February
2008 the current headquarters housed 125 employees In the eight years since opening AIPAC
has grown to 220 employees who currently work in its headquarters It anticipates having further
growth during the next three to five years The Applicant purchased the Property with the
expectation of creating additional space as AIPAC grew The Property will allow for additional
space to ensure that the organization will be able to remain on H Street for the foreseeable future
Notably the Applicant a wholly owned subsidiary of AIPAC is not exempt from real property
taxes in DC The Applicantrsquos current property taxes for the existing headquarters and the
Subject Project are $71706492 annually
Amendments to the Zoning Map are permitted provided that the new zone category is
ldquonot inconsistent with the Comprehensive Planrdquo DC Code Sec 6-64102 We strongly believe
that in this case a Map Amendment is appropriate Consistent with the Comprehensive Planrsquos
designation for the Property the Applicant proposes to rezone the Property to the D-4 Zone
District The D-4 Zone District is appropriate for the High Density CommercialHigh Density
2
843891011
Residential Land Use category After rezoning a potential commercial project under the D-4
Zone District would be permitted a height of 90 feet an FAR of 65 (or 78 with Density
Credits) and 100 lot occupancy
3
843891011
II THE PROPERTY
As described above the Subject Property consists of Lot 853 which is located above the
I-395 highway The parcel is part of a single record lot with other adjacent properties in the
square and is subject to a Single Record Lot Agreement that was originally recorded in 2006 and
was recently amended and restated
The Property is located at the northwestern corner of 2nd and H Streets NW and consists
of approximately 15000 square feet of land area The Property is improved with a surface level
parking lot and an air shaft that was used to vent the highway
The Property is subject to easements and covenants with the District of Columbia that
ensure continued operation of the highway as well as DDOT access to the support facilities
Construction on the Property will require review and approval by DDOT with concurrence by
the Federal Highway Administration Importantly the agreements explicitly list office and other
commercial and institutional uses as permitted uses
The Property is located in the Mount Vernon Triangle neighborhood at the edge of the
Downtown and NoMa neighborhoods and is surrounded by a mix of high density residential and
commercial uses as well as surface parking lots anticipated to be redeveloped As noted below
many of the surrounding properties have been constructed to a height of 130 feet
To the west and north of the Subject Property is an air rights parcel over a one story
portion of building a surface parking lot and along 3rd Street and Mount Carmel Baptist Church
all of which are part of the single record lot with the Subject Property The air rights parcel and
parking lot are anticipated to be redeveloped as a residential apartment building To the west of
the Property across 3rd Street NW is a 12-story residential building Further to the west are a
number of 12- and 13-story residential buildings
4
843891011
To the south of the Property across H Street NW is property that is maintained by the
District as Cobb Park The park is slated for a major renovation that is in the planning stages
Further to the south across Massachusetts Avenue NW is the northern block of the Capitol
Crossing PUD (ZC Order No 08-34) which is under construction and includes 130-foot tall
commercial office buildings To the southeast of the Subject Property at the southeast corner of
the intersection of 2nd and H Streets NW is an eight-story commercial office building
(commonly known as the ldquoDarth Vaderrdquo building) which measures over 100 feet in height and
was constructed pursuant to a PUD approved in ZC Case No 80-07 (ZC Order No 324) This
PUD was recently modified to include a Zoning Map Amendment to the C-4 Zone District
(based on the 1958 Zoning Regulations) to construct an addition allowing a building height of
130 feet and an FAR of 92 (ZC Order No 80-07A) To the east of the Subject Property are
surface parking lots that are being redeveloped pursuant to the Districtrsquos RFP process further to
the east is 77H which was recently redeveloped as a mixed-use residential and retail building
containing a Walmart
The Subject Property is approximately four blocks from the Judiciary Square Metrorail
station and other stations are also located within walking distance Additionally the Maryland
and Virginia commuter train services (MARC and VRE respectively) both service Union
Station which is six blocks from the Subject Property Multiple Metrobus lines also service the
Property
The Subject Property was formerly designated as C-2-C and is now designated as MU-6
Zone District under the 2016 Zoning Regulations Surrounding property to the north and west of
the Subject Property is located in the MU-6 and D-4-R Zone Districts Cobb Park to the south is
located in the D-4 Zone District the property further to the south in the Capitol Crossing PUD
5
843891011
was rezoned to the C-4 Zone District under the 1958 Zoning Regulations which is now known as
D-6 Property to the southeast is in the D-3 Zone District The triangular parcel immediately to
the east of the Subject Property is located in the MU-4 Zone District this parcel is District-
owned RFP site that is slated for development with a mixed-use residential building with ground
floor retail and a rezoning to the D-4-R Zone District (ZC Case 17-06) Property further to the
east is located in the MU-9 Zone District
6
843891011
IIIPLANNING ANALYSIS ndash LAND USE AND ZONING IMPROVEMENTS
As detailed in Section IV the proposed Map Amendment is fully consistent with the
goals and policies of the Comprehensive Plan for the District of Columbia which designate the
Subject Property for High Density Commercial and High Density Residential land use
Specifically the rezoning will allow for the expansion of AIPACrsquos existing nonprofit
headquarters in a transit-oriented location and high-demand area adjacent to the Central
Employment Area The proposed expansion under D-4 zoning will be appropriate given the
proximity to transit the height and mass of surrounding buildings along H Street and
Massachusetts Avenue and the lack of adverse impacts on nearby residential areas The
rezoning will have a positive land use impact that is consistent with the Comprehensive Plan and
other planning goals of the District of Columbia
The Applicant requests a Zoning Map Amendment for the Subject Property to the D-4
Zone District This proposed zone plan is consistent with the Comprehensive Plan As discussed
more fully in Section IV the Future Land Use Map of the Comprehensive Plan locates the
Subject Property in the High Density Commercial and High Density Residential categories The
proposed D-4 zoning is necessary to accommodate the needed commercial density The
Comprehensive Plan states that the proposed D-4 Zone District (formerly C-3-C) is consistent
with the Future Land Use Map designation Accordingly the proposed rezoning of the Subject
Property to the D-4 Zone District is consistent with the Comprehensive Plan
7
843891011
IV COMPLIANCE WITH THE COMPREHENSIVE PLAN
The proposed rezoning is consistent with and fosters numerous goals and policies of the
Comprehensive Plan
The purposes of the District elements of the Comprehensive Plan for the National Capital are to (1) Define the requirements and aspirations of District residents and accordingly influence social economic and physical development (2) Guide executive and legislative decisions on matters affecting the District and its citizens (3) Promote economic growth and jobs for District residents (4) Guide private and public development in order to achieve District and community goals (5) Maintain and enhance the natural and architectural assets of the District and (6) Assist in the conservation stabilization and improvement of each neighborhood and community in the District
DC Code sect 1-30601(b) (2006) The proposed rezoning significantly advances these purposes
by furthering the physical and economic development of the District by facilitating the
redevelopment of a parking lot into an efficient addition to an existing office building in close
proximity to multiple Metrorail stations and other modes of transportation
A Citywide Elements
1 Framework Elements and Maps
The Framework Element provides guidelines for using the Future Land Use Map This
Element states that the Future Land Use Map should be interpreted ldquobroadlyrdquo and notes that the
zoning for an area should be guided by the Future Land Use Map interpreted in conjunction with
the text of the entire Comprehensive Plan
On the Future Land Use Map the Subject Property is mapped for High Density
Commercial and High Density Residential uses The High Density Commercial category
ldquodefine[s] the central employment district of the city and other major office employment centers
on the downtown perimeter It is characterized by office and mixed officeretail buildings greater
than eight stories in heightrdquo sect22511 The Zone Districts corresponding to High Density
Commercial areas include C-2-C C-3-C C-4 and C-5 the current designations for which are D-
8
843891011
4 D-5 D-6 and D-7 The High Density Residential category ldquodefine[s] neighborhoods and
corridors where high-rise (8 stories or more) apartment buildings are the predominant userdquo
sect2256 The Comprehensive Plan provides that R-5-D and R-5-E (now RA-4 and RA-5) Zone
Districts are consistent with High Density Residential
The rezoning is consistent with these definitions and the Zone Districts in this area Also
the rezoning will further the Elementrsquos goals of ldquoredevelopment and infill opportunities along
corridors and near transit stationsrdquo sect2176 as it will attain for more efficient use of the parking
lot space on H Street Finally the rezoning will strengthen downtown as ldquothe regionrsquos major
employment centerrdquo which the Element encourages by increasing the amount of commercial
development consistent with the Comprehensive Plan sect2188
On the Generalized Policy Map the Subject Property is designed as a ldquoLand Use Change
Areardquo Land Use Change Areas are identified as the areas where development is most
anticipated and ldquorepresent much of the cityrsquos supply of vacant and underutilized landrdquo sect22310
The Element designates areas as Land Use Change Areas to ldquoencourage and facilitate new
development and promote the adaptive reuse of existing structuresrdquo sect22311 ldquoThe District
aspires to create high quality environments that include exemplary site and architectural design
and that are compatible with and do not negatively impact nearby neighborhoodsrdquo sect22312 The
proposed rezoning will allow a quintessential Land Use Change Area development The
rezoning will facilitate the conversion of underutilized land into a space for high-quality
development
2 Land Use Element
The proposed rezoning advances several policies of the Land Use Element First the
Land Use Element encourages development using Metro stations as ldquoanchorsrdquo sect 30610 (LU-
9
843891011
131 Station Areas as Neighborhood Centers) as the best opportunities for infill development
sect 30611 (LU-132 Development around Metrorail Stations) and as pedestrian-oriented nodes
sect 3129 (LU-245 Encouraging Nodal Development) Here the Propertyrsquos proximity to the
Judiciary Square and other Metrorail stations furthers this use of Metro stations as anchors The
Property will be developed with the sort of pedestrian-oriented infill development promoted by
the Land Use Element
Second the Land Use Elements also seeks to foster the Central Employment Area as the
prime location for work in the District The Central Employment Area should ldquopromote the use
of this area with high-value land uses that enhance its image as the seat of the national
government and the center of the District of Columbia and that make the most efficient possible
use of its transportation facilitiesrdquo sect3049 (LU-114 Appropriate Uses in the CEA) The
Element specifies ldquothe CEA shall include the greater concentration of the cityrsquos private office
developmentrdquo sect3048 (LU-113 Central Employment Area) The Subject Property is located
adjacent to the Central Employment Area the boundary of which is H Street NW The rezoning
furthers the goals of the Element by not only creating more employment but by creating the
opportunity for additional office space adjacent to the Central Employment Area without
overburdening the congested office use in the ldquotraditionalrdquo downtown The rezoning also
encourages efficient use of the nearby transit facilities for employees coming to the Subject
Property
Third and finally the Land Use Element encourages creative parking management to
respond to the level of demand and mitigate congestion sectsect 30615 30916 and 31212 (LU-
136 Parking near Metro Stations LU-2111 Residential Parking Requirements and LU-248
Addressing Commercial Parking Impacts) The Element focuses developments on placing ldquoa
10
843891011
priority on attractive pedestrian-friendly design and a de-emphasis on auto-oriented uses and
surface parkingrdquo sect3064 (LU-13 Transit-Oriented and Corridor Development) Here the
rezoning meets the objectives of the Land Use Element by allowing for the future elimination of
the existing surface parking near a Metro station and offering an appropriate amount of enclosed
parking for employees
3 Other Elements
This rezoning is also consistent with policies in the Transportation Economic
Development and Urban Design Elements of the Comprehensive Plan The Transportation
Element encourages pedestrian-oriented development around transit stations sect 4031 (T-114
Transit-Oriented Development) and discourages auto-oriented uses such as ldquodrive-throughrdquo
business large surface parking lots and new curb cuts sect 4048 (T-123 Discouraging Auto-
Oriented Uses) The redevelopment of this site will be consistent with these objections and the
rezoning will encourage such a transit-oriented development As discussed the Property is
located in close proximity to multiple Metrorail stations Additionally there are many other bus
lines in the area and the commuter rail lines at Union Station are within a mile of the Subject
Property Therefore the redevelopment of the Property will enhance the use of public transit
based on the convenient location
The Economic Development Element encourages development that expands the office
sector in locations in the Central Washington area sect7076 (ED-211 Office Growth) A rezoning
that will allow the expansion of office space will constitute ldquoinfill and renovation within
established commercial districts to more efficiently use available space while providing
additional opportunities for spacerdquo sect70710 (ED-215 Infill and Renovation) Here the proposed
rezoning will facilitate the conversion of a surface parking lot to new office use amidst growing
11
843891011
demand in Mount Vernon Triangle thus providing more office space for the expanding demand
in a transit-rich area of the District
Finally the Map Amendment also supports the Urban Design Element of the
Comprehensive Plan First it furthers the Elementrsquos goal of view protection along H Street
Currently at the Subject Property there is an airshaft set apart from any other structures which
does not ldquoprovide greater focus and frame important vistas along thoroughfaresrdquo sect9064
(UD-14 Reinforcing Boulevards and Gateways) The rezoning will allow for a development that
may eliminate or wrap around the airshaft and allowing for a cohesive view that is uniform and
visually appealing
Additionally the Project also furthers the Elementrsquos goal of ldquoencourage[ing] creative
solutions for designing structured parking to minimize its visual prominencerdquo sect91021 (UD-
2211 Parking Structures) Instead of the current surface lot on the Subject Property a new
addition would enclose parking in the structure making it visually appealing and using the space
in an efficient way
B Compliance with Area Elements
The Subject Property is within the Central Washington Area Element This Element
encourages ldquoretain[ing] Central Washington as the premier office location in the Greater
Washington regionrdquo and guiding development ldquoeastward from its current area of concentrationrdquo
sect16083 (CW-112 Central Washington Office Growth) The Elementrsquos goals also include
making Central Washington ldquoa diverse placerdquo and states that ldquonon-profits also provide
desirable diversityrdquo sect16072 (Planning and Development Priorities) The proposed rezoning is
also consistent with the Elementrsquos goals for the specific Mount Vernon Triangle Area Echoing
policies elsewhere in the Comprehensive Plan the Central Washington Area Element encourages
projects in Mount Vernon Triangle to create ldquoeconomic valuerdquo and a ldquoquality environmentrdquo for
12
843891011
the area sect16145 (CW-24 Mount Vernon District) The proposed rezoning will serve all of these
goals ndash the non-profit AIPAC seeks to expand its current office and create more office space
outside of the current concentration of office spaces in downtown The addition will also make a
current inefficient use of space from the parking lot and airshaft into an efficient property with
high-quality office space that visually fits into the surrounding community The rezoning will
facilitate the possibility of this additional commercial space at the Property
13
843891011
V COMMUNITY CONTACTS
The community has been aware of AIPACrsquos interest in expanding for over two years
AIPAC representatives have met with ANC 6E twice since October of 2015 The Applicant will
be meeting with ANC 6E at an upcoming public meeting per the ANCrsquos request to review this
application
14
843891011
VI CONCLUSION
For the foregoing reasons the Applicant submits that the enclosed application meets the
standards of Chapter 5 of Subtitle X and Chapter 3 of Subtitle Z of the Zoning Regulations
Accordingly the Applicant respectfully requests that the Zoning Commission set the
rezoning application down for a public hearing at the earliest possible date
Respectfully submitted
GOULSTON amp STORRS PC
__s_____________________
Allison C Prince
__s_____________________
Meghan Hottel-Cox
Date September 1 2017
15
843891011
2nd amp H STREETS NW
By 251 Massachusetts Avenue LLC
APPLICATION TO THE DISTRICT OF COLUMBIA ZONING COMMISSION FOR
AN AMENDMENT TO THE ZONING MAP
September 1 2017
843891011
Applicant 251 Massachusetts Avenue LLC
251 H Street NW
Washington DC 20001
Land Use Counsel Goulston amp Storrs
1999 K Street NW 5th Floor
Washington DC 20006
i
843891011
TABLE OF CONTENTS
TABLE OF CONTENTS II
PREFACE IV
I INTRODUCTION 1
A Summary of Requested Action 1 B The Applicant 2 II THE PROPERTY 4
III PLANNING ANALYSIS ndash LAND USE AND ZONING IMPROVEMENTS 7
IV COMPLIANCE WITH THE COMPREHENSIVE PLAN 8
A Citywide Elements 8 B Compliance with Area Elements 12 V COMMUNITY CONTACTS 14
VI CONCLUSION 15
ii
843891011
EXHIBITS
Exhibit A ndash Application Form and Authorization Letter
Exhibit B ndash Zone Map
Exhibit C ndash Future Land Use Map
Exhibit D ndash Certificate of Notice
Exhibit E ndash Compliance with Regulations
Exhibit F ndash Publicly Available Information
Exhibit G ndash List of Property Owners within 200 feet of the Subject Property
Exhibit H ndash Plat
Exhibit I ndash Site and area photos
iii
843891011
PREFACE
This statement and the attached documents support the application of 251 Massachusetts
Avenue LLC to the Zoning Commission for a Zoning Map Amendment for the property known
as Lot 853 in Square 560 (ldquoSubject Propertyrdquo or ldquoPropertyrdquo) The Subject Property is in the
southern portion of Square 560 a rectangular-shaped block in NW bounded by 2nd 3rd H and K
Streets in Ward 6 The rezoning will facilitate the expansion of an existing office building on
adjacent Lot 852 at 251 H Street (ldquo251 Hrdquo) to meet the immediate and anticipated future growth
needs of the existing occupant of that building a non-profit organization
This application is consistent with the District of Columbia Comprehensive Plan DC
Law 16-300 10A DCMR (Planning and Development) sect 100 et seq (2006) (the
ldquoComprehensive Planrdquo) as well as the goals and policies of the District of Columbia
The Applicant originally proposed to expand 251 H by rezoning both the 251 H property
and the Subject Property to D-6 through the PUD process which would have allowed 130 feet of
building height Ultimately it was determined with input from the Office of Planning that the
rezoning process was simpler and more appropriate for this non-profit and that D-4 zoning while
more restrictive than D-6 would be sufficient to meet the Applicantrsquos needs
Submitted in support of this application are completed application forms a copy of the
notice of intent to file a rezoning application that was mailed to surrounding property owners and
parties (with the certification of mailing and list of property owners) and a map depicting the
Zone Districts for the property and surrounding area As set forth below this statement and the
attached documents meet the filing requirements for a map amendment under Subtitle X Chapter
5 and Subtitle Z Chapter 3 of the District of Columbia Zoning Regulations This application is
being filed as a contested case pursuant to Subtitle Z sect 2012(e) and Subtitle X Chapter 6
iv
843891011
I INTRODUCTION
A Summary of Requested Action
This statement and the attached documents support the application of 251 Massachusetts
Avenue LLC (ldquoOwnerrdquo or ldquoApplicantrdquo) to the Zoning Commission for a Zoning Map
Amendment for the rezoning of the Subject Property known as Lot 853 in Square 560 which is
located along the H Street corridor in Ward 6 within the jurisdiction of Advisory Neighborhood
Commission (ldquoANCrdquo) 6E The Subject Property is approximately four blocks from the Judiciary
Square Metrorail station and five blocks from the Union Station Metrorail station
The Subject Property is improved with a surface parking lot and contains 15000 square
feet of land area The I-395 Freeway runs underneath the Subject Property The site contains a
large and unsightly air shaft that was intended to provide ventilation to the I-395 tunnel The
Property is adjacent to the Applicantrsquos seven-story office building that serves as the headquarters
for the American Israel Public Affairs Committee (ldquoAIPACrdquo) a non-profit organization This
rezoning is driven by AIPACrsquos need to expand The Property can accommodate an addition to
serve the organizationrsquos projected future growth
The Subject Property is located in the High Density Commercial and High Density
Residential Land Use categories on the Future Land Use Map The Subject Property is currently
located in the MU-6 Zone District which was formerly known as the C-2-C Zone District The
Applicant seeks to rezone the property to the D-4 Zone District The Zoning Map Amendment
will not increase the maximum permitted height of 90 feet for the Property While it will only
increase the maximum FAR of 60 to 65 (or 78 if Density Credits are used) it will increase the
maximum permitted commercial FAR from 20 to 60
1
843891011
B The Applicant
The Applicant is a wholly-owned subsidiary of the American Israel Public Affairs
Committee (ldquoAIPACrdquo) AIPAC is a 100000+ member grass roots organization whose mission
is to strengthen protect and promote the US-Israel relationship in ways that enhance the
security of Israel and the United States AIPACrsquos staff and citizen activists educate decision
makers about the bonds that unite the United States and Israel and how it is in Americarsquos best
interest to help ensure that Israel is safe strong and secure The New York Times says AIPAC
is ldquothe most important organization affecting Americarsquos relationship with Israelrdquo
AIPAC is outgrowing its existing headquarters building at 251 H Street NW and the
proposed rezoning of the adjacent lot will facilitate its expansion When opened in February
2008 the current headquarters housed 125 employees In the eight years since opening AIPAC
has grown to 220 employees who currently work in its headquarters It anticipates having further
growth during the next three to five years The Applicant purchased the Property with the
expectation of creating additional space as AIPAC grew The Property will allow for additional
space to ensure that the organization will be able to remain on H Street for the foreseeable future
Notably the Applicant a wholly owned subsidiary of AIPAC is not exempt from real property
taxes in DC The Applicantrsquos current property taxes for the existing headquarters and the
Subject Project are $71706492 annually
Amendments to the Zoning Map are permitted provided that the new zone category is
ldquonot inconsistent with the Comprehensive Planrdquo DC Code Sec 6-64102 We strongly believe
that in this case a Map Amendment is appropriate Consistent with the Comprehensive Planrsquos
designation for the Property the Applicant proposes to rezone the Property to the D-4 Zone
District The D-4 Zone District is appropriate for the High Density CommercialHigh Density
2
843891011
Residential Land Use category After rezoning a potential commercial project under the D-4
Zone District would be permitted a height of 90 feet an FAR of 65 (or 78 with Density
Credits) and 100 lot occupancy
3
843891011
II THE PROPERTY
As described above the Subject Property consists of Lot 853 which is located above the
I-395 highway The parcel is part of a single record lot with other adjacent properties in the
square and is subject to a Single Record Lot Agreement that was originally recorded in 2006 and
was recently amended and restated
The Property is located at the northwestern corner of 2nd and H Streets NW and consists
of approximately 15000 square feet of land area The Property is improved with a surface level
parking lot and an air shaft that was used to vent the highway
The Property is subject to easements and covenants with the District of Columbia that
ensure continued operation of the highway as well as DDOT access to the support facilities
Construction on the Property will require review and approval by DDOT with concurrence by
the Federal Highway Administration Importantly the agreements explicitly list office and other
commercial and institutional uses as permitted uses
The Property is located in the Mount Vernon Triangle neighborhood at the edge of the
Downtown and NoMa neighborhoods and is surrounded by a mix of high density residential and
commercial uses as well as surface parking lots anticipated to be redeveloped As noted below
many of the surrounding properties have been constructed to a height of 130 feet
To the west and north of the Subject Property is an air rights parcel over a one story
portion of building a surface parking lot and along 3rd Street and Mount Carmel Baptist Church
all of which are part of the single record lot with the Subject Property The air rights parcel and
parking lot are anticipated to be redeveloped as a residential apartment building To the west of
the Property across 3rd Street NW is a 12-story residential building Further to the west are a
number of 12- and 13-story residential buildings
4
843891011
To the south of the Property across H Street NW is property that is maintained by the
District as Cobb Park The park is slated for a major renovation that is in the planning stages
Further to the south across Massachusetts Avenue NW is the northern block of the Capitol
Crossing PUD (ZC Order No 08-34) which is under construction and includes 130-foot tall
commercial office buildings To the southeast of the Subject Property at the southeast corner of
the intersection of 2nd and H Streets NW is an eight-story commercial office building
(commonly known as the ldquoDarth Vaderrdquo building) which measures over 100 feet in height and
was constructed pursuant to a PUD approved in ZC Case No 80-07 (ZC Order No 324) This
PUD was recently modified to include a Zoning Map Amendment to the C-4 Zone District
(based on the 1958 Zoning Regulations) to construct an addition allowing a building height of
130 feet and an FAR of 92 (ZC Order No 80-07A) To the east of the Subject Property are
surface parking lots that are being redeveloped pursuant to the Districtrsquos RFP process further to
the east is 77H which was recently redeveloped as a mixed-use residential and retail building
containing a Walmart
The Subject Property is approximately four blocks from the Judiciary Square Metrorail
station and other stations are also located within walking distance Additionally the Maryland
and Virginia commuter train services (MARC and VRE respectively) both service Union
Station which is six blocks from the Subject Property Multiple Metrobus lines also service the
Property
The Subject Property was formerly designated as C-2-C and is now designated as MU-6
Zone District under the 2016 Zoning Regulations Surrounding property to the north and west of
the Subject Property is located in the MU-6 and D-4-R Zone Districts Cobb Park to the south is
located in the D-4 Zone District the property further to the south in the Capitol Crossing PUD
5
843891011
was rezoned to the C-4 Zone District under the 1958 Zoning Regulations which is now known as
D-6 Property to the southeast is in the D-3 Zone District The triangular parcel immediately to
the east of the Subject Property is located in the MU-4 Zone District this parcel is District-
owned RFP site that is slated for development with a mixed-use residential building with ground
floor retail and a rezoning to the D-4-R Zone District (ZC Case 17-06) Property further to the
east is located in the MU-9 Zone District
6
843891011
IIIPLANNING ANALYSIS ndash LAND USE AND ZONING IMPROVEMENTS
As detailed in Section IV the proposed Map Amendment is fully consistent with the
goals and policies of the Comprehensive Plan for the District of Columbia which designate the
Subject Property for High Density Commercial and High Density Residential land use
Specifically the rezoning will allow for the expansion of AIPACrsquos existing nonprofit
headquarters in a transit-oriented location and high-demand area adjacent to the Central
Employment Area The proposed expansion under D-4 zoning will be appropriate given the
proximity to transit the height and mass of surrounding buildings along H Street and
Massachusetts Avenue and the lack of adverse impacts on nearby residential areas The
rezoning will have a positive land use impact that is consistent with the Comprehensive Plan and
other planning goals of the District of Columbia
The Applicant requests a Zoning Map Amendment for the Subject Property to the D-4
Zone District This proposed zone plan is consistent with the Comprehensive Plan As discussed
more fully in Section IV the Future Land Use Map of the Comprehensive Plan locates the
Subject Property in the High Density Commercial and High Density Residential categories The
proposed D-4 zoning is necessary to accommodate the needed commercial density The
Comprehensive Plan states that the proposed D-4 Zone District (formerly C-3-C) is consistent
with the Future Land Use Map designation Accordingly the proposed rezoning of the Subject
Property to the D-4 Zone District is consistent with the Comprehensive Plan
7
843891011
IV COMPLIANCE WITH THE COMPREHENSIVE PLAN
The proposed rezoning is consistent with and fosters numerous goals and policies of the
Comprehensive Plan
The purposes of the District elements of the Comprehensive Plan for the National Capital are to (1) Define the requirements and aspirations of District residents and accordingly influence social economic and physical development (2) Guide executive and legislative decisions on matters affecting the District and its citizens (3) Promote economic growth and jobs for District residents (4) Guide private and public development in order to achieve District and community goals (5) Maintain and enhance the natural and architectural assets of the District and (6) Assist in the conservation stabilization and improvement of each neighborhood and community in the District
DC Code sect 1-30601(b) (2006) The proposed rezoning significantly advances these purposes
by furthering the physical and economic development of the District by facilitating the
redevelopment of a parking lot into an efficient addition to an existing office building in close
proximity to multiple Metrorail stations and other modes of transportation
A Citywide Elements
1 Framework Elements and Maps
The Framework Element provides guidelines for using the Future Land Use Map This
Element states that the Future Land Use Map should be interpreted ldquobroadlyrdquo and notes that the
zoning for an area should be guided by the Future Land Use Map interpreted in conjunction with
the text of the entire Comprehensive Plan
On the Future Land Use Map the Subject Property is mapped for High Density
Commercial and High Density Residential uses The High Density Commercial category
ldquodefine[s] the central employment district of the city and other major office employment centers
on the downtown perimeter It is characterized by office and mixed officeretail buildings greater
than eight stories in heightrdquo sect22511 The Zone Districts corresponding to High Density
Commercial areas include C-2-C C-3-C C-4 and C-5 the current designations for which are D-
8
843891011
4 D-5 D-6 and D-7 The High Density Residential category ldquodefine[s] neighborhoods and
corridors where high-rise (8 stories or more) apartment buildings are the predominant userdquo
sect2256 The Comprehensive Plan provides that R-5-D and R-5-E (now RA-4 and RA-5) Zone
Districts are consistent with High Density Residential
The rezoning is consistent with these definitions and the Zone Districts in this area Also
the rezoning will further the Elementrsquos goals of ldquoredevelopment and infill opportunities along
corridors and near transit stationsrdquo sect2176 as it will attain for more efficient use of the parking
lot space on H Street Finally the rezoning will strengthen downtown as ldquothe regionrsquos major
employment centerrdquo which the Element encourages by increasing the amount of commercial
development consistent with the Comprehensive Plan sect2188
On the Generalized Policy Map the Subject Property is designed as a ldquoLand Use Change
Areardquo Land Use Change Areas are identified as the areas where development is most
anticipated and ldquorepresent much of the cityrsquos supply of vacant and underutilized landrdquo sect22310
The Element designates areas as Land Use Change Areas to ldquoencourage and facilitate new
development and promote the adaptive reuse of existing structuresrdquo sect22311 ldquoThe District
aspires to create high quality environments that include exemplary site and architectural design
and that are compatible with and do not negatively impact nearby neighborhoodsrdquo sect22312 The
proposed rezoning will allow a quintessential Land Use Change Area development The
rezoning will facilitate the conversion of underutilized land into a space for high-quality
development
2 Land Use Element
The proposed rezoning advances several policies of the Land Use Element First the
Land Use Element encourages development using Metro stations as ldquoanchorsrdquo sect 30610 (LU-
9
843891011
131 Station Areas as Neighborhood Centers) as the best opportunities for infill development
sect 30611 (LU-132 Development around Metrorail Stations) and as pedestrian-oriented nodes
sect 3129 (LU-245 Encouraging Nodal Development) Here the Propertyrsquos proximity to the
Judiciary Square and other Metrorail stations furthers this use of Metro stations as anchors The
Property will be developed with the sort of pedestrian-oriented infill development promoted by
the Land Use Element
Second the Land Use Elements also seeks to foster the Central Employment Area as the
prime location for work in the District The Central Employment Area should ldquopromote the use
of this area with high-value land uses that enhance its image as the seat of the national
government and the center of the District of Columbia and that make the most efficient possible
use of its transportation facilitiesrdquo sect3049 (LU-114 Appropriate Uses in the CEA) The
Element specifies ldquothe CEA shall include the greater concentration of the cityrsquos private office
developmentrdquo sect3048 (LU-113 Central Employment Area) The Subject Property is located
adjacent to the Central Employment Area the boundary of which is H Street NW The rezoning
furthers the goals of the Element by not only creating more employment but by creating the
opportunity for additional office space adjacent to the Central Employment Area without
overburdening the congested office use in the ldquotraditionalrdquo downtown The rezoning also
encourages efficient use of the nearby transit facilities for employees coming to the Subject
Property
Third and finally the Land Use Element encourages creative parking management to
respond to the level of demand and mitigate congestion sectsect 30615 30916 and 31212 (LU-
136 Parking near Metro Stations LU-2111 Residential Parking Requirements and LU-248
Addressing Commercial Parking Impacts) The Element focuses developments on placing ldquoa
10
843891011
priority on attractive pedestrian-friendly design and a de-emphasis on auto-oriented uses and
surface parkingrdquo sect3064 (LU-13 Transit-Oriented and Corridor Development) Here the
rezoning meets the objectives of the Land Use Element by allowing for the future elimination of
the existing surface parking near a Metro station and offering an appropriate amount of enclosed
parking for employees
3 Other Elements
This rezoning is also consistent with policies in the Transportation Economic
Development and Urban Design Elements of the Comprehensive Plan The Transportation
Element encourages pedestrian-oriented development around transit stations sect 4031 (T-114
Transit-Oriented Development) and discourages auto-oriented uses such as ldquodrive-throughrdquo
business large surface parking lots and new curb cuts sect 4048 (T-123 Discouraging Auto-
Oriented Uses) The redevelopment of this site will be consistent with these objections and the
rezoning will encourage such a transit-oriented development As discussed the Property is
located in close proximity to multiple Metrorail stations Additionally there are many other bus
lines in the area and the commuter rail lines at Union Station are within a mile of the Subject
Property Therefore the redevelopment of the Property will enhance the use of public transit
based on the convenient location
The Economic Development Element encourages development that expands the office
sector in locations in the Central Washington area sect7076 (ED-211 Office Growth) A rezoning
that will allow the expansion of office space will constitute ldquoinfill and renovation within
established commercial districts to more efficiently use available space while providing
additional opportunities for spacerdquo sect70710 (ED-215 Infill and Renovation) Here the proposed
rezoning will facilitate the conversion of a surface parking lot to new office use amidst growing
11
843891011
demand in Mount Vernon Triangle thus providing more office space for the expanding demand
in a transit-rich area of the District
Finally the Map Amendment also supports the Urban Design Element of the
Comprehensive Plan First it furthers the Elementrsquos goal of view protection along H Street
Currently at the Subject Property there is an airshaft set apart from any other structures which
does not ldquoprovide greater focus and frame important vistas along thoroughfaresrdquo sect9064
(UD-14 Reinforcing Boulevards and Gateways) The rezoning will allow for a development that
may eliminate or wrap around the airshaft and allowing for a cohesive view that is uniform and
visually appealing
Additionally the Project also furthers the Elementrsquos goal of ldquoencourage[ing] creative
solutions for designing structured parking to minimize its visual prominencerdquo sect91021 (UD-
2211 Parking Structures) Instead of the current surface lot on the Subject Property a new
addition would enclose parking in the structure making it visually appealing and using the space
in an efficient way
B Compliance with Area Elements
The Subject Property is within the Central Washington Area Element This Element
encourages ldquoretain[ing] Central Washington as the premier office location in the Greater
Washington regionrdquo and guiding development ldquoeastward from its current area of concentrationrdquo
sect16083 (CW-112 Central Washington Office Growth) The Elementrsquos goals also include
making Central Washington ldquoa diverse placerdquo and states that ldquonon-profits also provide
desirable diversityrdquo sect16072 (Planning and Development Priorities) The proposed rezoning is
also consistent with the Elementrsquos goals for the specific Mount Vernon Triangle Area Echoing
policies elsewhere in the Comprehensive Plan the Central Washington Area Element encourages
projects in Mount Vernon Triangle to create ldquoeconomic valuerdquo and a ldquoquality environmentrdquo for
12
843891011
the area sect16145 (CW-24 Mount Vernon District) The proposed rezoning will serve all of these
goals ndash the non-profit AIPAC seeks to expand its current office and create more office space
outside of the current concentration of office spaces in downtown The addition will also make a
current inefficient use of space from the parking lot and airshaft into an efficient property with
high-quality office space that visually fits into the surrounding community The rezoning will
facilitate the possibility of this additional commercial space at the Property
13
843891011
V COMMUNITY CONTACTS
The community has been aware of AIPACrsquos interest in expanding for over two years
AIPAC representatives have met with ANC 6E twice since October of 2015 The Applicant will
be meeting with ANC 6E at an upcoming public meeting per the ANCrsquos request to review this
application
14
843891011
VI CONCLUSION
For the foregoing reasons the Applicant submits that the enclosed application meets the
standards of Chapter 5 of Subtitle X and Chapter 3 of Subtitle Z of the Zoning Regulations
Accordingly the Applicant respectfully requests that the Zoning Commission set the
rezoning application down for a public hearing at the earliest possible date
Respectfully submitted
GOULSTON amp STORRS PC
__s_____________________
Allison C Prince
__s_____________________
Meghan Hottel-Cox
Date September 1 2017
15
843891011
2nd amp H STREETS NW
By 251 Massachusetts Avenue LLC
APPLICATION TO THE DISTRICT OF COLUMBIA ZONING COMMISSION FOR
AN AMENDMENT TO THE ZONING MAP
September 1 2017
843891011
Applicant 251 Massachusetts Avenue LLC
251 H Street NW
Washington DC 20001
Land Use Counsel Goulston amp Storrs
1999 K Street NW 5th Floor
Washington DC 20006
i
843891011
TABLE OF CONTENTS
TABLE OF CONTENTS II
PREFACE IV
I INTRODUCTION 1
A Summary of Requested Action 1 B The Applicant 2 II THE PROPERTY 4
III PLANNING ANALYSIS ndash LAND USE AND ZONING IMPROVEMENTS 7
IV COMPLIANCE WITH THE COMPREHENSIVE PLAN 8
A Citywide Elements 8 B Compliance with Area Elements 12 V COMMUNITY CONTACTS 14
VI CONCLUSION 15
ii
843891011
EXHIBITS
Exhibit A ndash Application Form and Authorization Letter
Exhibit B ndash Zone Map
Exhibit C ndash Future Land Use Map
Exhibit D ndash Certificate of Notice
Exhibit E ndash Compliance with Regulations
Exhibit F ndash Publicly Available Information
Exhibit G ndash List of Property Owners within 200 feet of the Subject Property
Exhibit H ndash Plat
Exhibit I ndash Site and area photos
iii
843891011
PREFACE
This statement and the attached documents support the application of 251 Massachusetts
Avenue LLC to the Zoning Commission for a Zoning Map Amendment for the property known
as Lot 853 in Square 560 (ldquoSubject Propertyrdquo or ldquoPropertyrdquo) The Subject Property is in the
southern portion of Square 560 a rectangular-shaped block in NW bounded by 2nd 3rd H and K
Streets in Ward 6 The rezoning will facilitate the expansion of an existing office building on
adjacent Lot 852 at 251 H Street (ldquo251 Hrdquo) to meet the immediate and anticipated future growth
needs of the existing occupant of that building a non-profit organization
This application is consistent with the District of Columbia Comprehensive Plan DC
Law 16-300 10A DCMR (Planning and Development) sect 100 et seq (2006) (the
ldquoComprehensive Planrdquo) as well as the goals and policies of the District of Columbia
The Applicant originally proposed to expand 251 H by rezoning both the 251 H property
and the Subject Property to D-6 through the PUD process which would have allowed 130 feet of
building height Ultimately it was determined with input from the Office of Planning that the
rezoning process was simpler and more appropriate for this non-profit and that D-4 zoning while
more restrictive than D-6 would be sufficient to meet the Applicantrsquos needs
Submitted in support of this application are completed application forms a copy of the
notice of intent to file a rezoning application that was mailed to surrounding property owners and
parties (with the certification of mailing and list of property owners) and a map depicting the
Zone Districts for the property and surrounding area As set forth below this statement and the
attached documents meet the filing requirements for a map amendment under Subtitle X Chapter
5 and Subtitle Z Chapter 3 of the District of Columbia Zoning Regulations This application is
being filed as a contested case pursuant to Subtitle Z sect 2012(e) and Subtitle X Chapter 6
iv
843891011
I INTRODUCTION
A Summary of Requested Action
This statement and the attached documents support the application of 251 Massachusetts
Avenue LLC (ldquoOwnerrdquo or ldquoApplicantrdquo) to the Zoning Commission for a Zoning Map
Amendment for the rezoning of the Subject Property known as Lot 853 in Square 560 which is
located along the H Street corridor in Ward 6 within the jurisdiction of Advisory Neighborhood
Commission (ldquoANCrdquo) 6E The Subject Property is approximately four blocks from the Judiciary
Square Metrorail station and five blocks from the Union Station Metrorail station
The Subject Property is improved with a surface parking lot and contains 15000 square
feet of land area The I-395 Freeway runs underneath the Subject Property The site contains a
large and unsightly air shaft that was intended to provide ventilation to the I-395 tunnel The
Property is adjacent to the Applicantrsquos seven-story office building that serves as the headquarters
for the American Israel Public Affairs Committee (ldquoAIPACrdquo) a non-profit organization This
rezoning is driven by AIPACrsquos need to expand The Property can accommodate an addition to
serve the organizationrsquos projected future growth
The Subject Property is located in the High Density Commercial and High Density
Residential Land Use categories on the Future Land Use Map The Subject Property is currently
located in the MU-6 Zone District which was formerly known as the C-2-C Zone District The
Applicant seeks to rezone the property to the D-4 Zone District The Zoning Map Amendment
will not increase the maximum permitted height of 90 feet for the Property While it will only
increase the maximum FAR of 60 to 65 (or 78 if Density Credits are used) it will increase the
maximum permitted commercial FAR from 20 to 60
1
843891011
B The Applicant
The Applicant is a wholly-owned subsidiary of the American Israel Public Affairs
Committee (ldquoAIPACrdquo) AIPAC is a 100000+ member grass roots organization whose mission
is to strengthen protect and promote the US-Israel relationship in ways that enhance the
security of Israel and the United States AIPACrsquos staff and citizen activists educate decision
makers about the bonds that unite the United States and Israel and how it is in Americarsquos best
interest to help ensure that Israel is safe strong and secure The New York Times says AIPAC
is ldquothe most important organization affecting Americarsquos relationship with Israelrdquo
AIPAC is outgrowing its existing headquarters building at 251 H Street NW and the
proposed rezoning of the adjacent lot will facilitate its expansion When opened in February
2008 the current headquarters housed 125 employees In the eight years since opening AIPAC
has grown to 220 employees who currently work in its headquarters It anticipates having further
growth during the next three to five years The Applicant purchased the Property with the
expectation of creating additional space as AIPAC grew The Property will allow for additional
space to ensure that the organization will be able to remain on H Street for the foreseeable future
Notably the Applicant a wholly owned subsidiary of AIPAC is not exempt from real property
taxes in DC The Applicantrsquos current property taxes for the existing headquarters and the
Subject Project are $71706492 annually
Amendments to the Zoning Map are permitted provided that the new zone category is
ldquonot inconsistent with the Comprehensive Planrdquo DC Code Sec 6-64102 We strongly believe
that in this case a Map Amendment is appropriate Consistent with the Comprehensive Planrsquos
designation for the Property the Applicant proposes to rezone the Property to the D-4 Zone
District The D-4 Zone District is appropriate for the High Density CommercialHigh Density
2
843891011
Residential Land Use category After rezoning a potential commercial project under the D-4
Zone District would be permitted a height of 90 feet an FAR of 65 (or 78 with Density
Credits) and 100 lot occupancy
3
843891011
II THE PROPERTY
As described above the Subject Property consists of Lot 853 which is located above the
I-395 highway The parcel is part of a single record lot with other adjacent properties in the
square and is subject to a Single Record Lot Agreement that was originally recorded in 2006 and
was recently amended and restated
The Property is located at the northwestern corner of 2nd and H Streets NW and consists
of approximately 15000 square feet of land area The Property is improved with a surface level
parking lot and an air shaft that was used to vent the highway
The Property is subject to easements and covenants with the District of Columbia that
ensure continued operation of the highway as well as DDOT access to the support facilities
Construction on the Property will require review and approval by DDOT with concurrence by
the Federal Highway Administration Importantly the agreements explicitly list office and other
commercial and institutional uses as permitted uses
The Property is located in the Mount Vernon Triangle neighborhood at the edge of the
Downtown and NoMa neighborhoods and is surrounded by a mix of high density residential and
commercial uses as well as surface parking lots anticipated to be redeveloped As noted below
many of the surrounding properties have been constructed to a height of 130 feet
To the west and north of the Subject Property is an air rights parcel over a one story
portion of building a surface parking lot and along 3rd Street and Mount Carmel Baptist Church
all of which are part of the single record lot with the Subject Property The air rights parcel and
parking lot are anticipated to be redeveloped as a residential apartment building To the west of
the Property across 3rd Street NW is a 12-story residential building Further to the west are a
number of 12- and 13-story residential buildings
4
843891011
To the south of the Property across H Street NW is property that is maintained by the
District as Cobb Park The park is slated for a major renovation that is in the planning stages
Further to the south across Massachusetts Avenue NW is the northern block of the Capitol
Crossing PUD (ZC Order No 08-34) which is under construction and includes 130-foot tall
commercial office buildings To the southeast of the Subject Property at the southeast corner of
the intersection of 2nd and H Streets NW is an eight-story commercial office building
(commonly known as the ldquoDarth Vaderrdquo building) which measures over 100 feet in height and
was constructed pursuant to a PUD approved in ZC Case No 80-07 (ZC Order No 324) This
PUD was recently modified to include a Zoning Map Amendment to the C-4 Zone District
(based on the 1958 Zoning Regulations) to construct an addition allowing a building height of
130 feet and an FAR of 92 (ZC Order No 80-07A) To the east of the Subject Property are
surface parking lots that are being redeveloped pursuant to the Districtrsquos RFP process further to
the east is 77H which was recently redeveloped as a mixed-use residential and retail building
containing a Walmart
The Subject Property is approximately four blocks from the Judiciary Square Metrorail
station and other stations are also located within walking distance Additionally the Maryland
and Virginia commuter train services (MARC and VRE respectively) both service Union
Station which is six blocks from the Subject Property Multiple Metrobus lines also service the
Property
The Subject Property was formerly designated as C-2-C and is now designated as MU-6
Zone District under the 2016 Zoning Regulations Surrounding property to the north and west of
the Subject Property is located in the MU-6 and D-4-R Zone Districts Cobb Park to the south is
located in the D-4 Zone District the property further to the south in the Capitol Crossing PUD
5
843891011
was rezoned to the C-4 Zone District under the 1958 Zoning Regulations which is now known as
D-6 Property to the southeast is in the D-3 Zone District The triangular parcel immediately to
the east of the Subject Property is located in the MU-4 Zone District this parcel is District-
owned RFP site that is slated for development with a mixed-use residential building with ground
floor retail and a rezoning to the D-4-R Zone District (ZC Case 17-06) Property further to the
east is located in the MU-9 Zone District
6
843891011
IIIPLANNING ANALYSIS ndash LAND USE AND ZONING IMPROVEMENTS
As detailed in Section IV the proposed Map Amendment is fully consistent with the
goals and policies of the Comprehensive Plan for the District of Columbia which designate the
Subject Property for High Density Commercial and High Density Residential land use
Specifically the rezoning will allow for the expansion of AIPACrsquos existing nonprofit
headquarters in a transit-oriented location and high-demand area adjacent to the Central
Employment Area The proposed expansion under D-4 zoning will be appropriate given the
proximity to transit the height and mass of surrounding buildings along H Street and
Massachusetts Avenue and the lack of adverse impacts on nearby residential areas The
rezoning will have a positive land use impact that is consistent with the Comprehensive Plan and
other planning goals of the District of Columbia
The Applicant requests a Zoning Map Amendment for the Subject Property to the D-4
Zone District This proposed zone plan is consistent with the Comprehensive Plan As discussed
more fully in Section IV the Future Land Use Map of the Comprehensive Plan locates the
Subject Property in the High Density Commercial and High Density Residential categories The
proposed D-4 zoning is necessary to accommodate the needed commercial density The
Comprehensive Plan states that the proposed D-4 Zone District (formerly C-3-C) is consistent
with the Future Land Use Map designation Accordingly the proposed rezoning of the Subject
Property to the D-4 Zone District is consistent with the Comprehensive Plan
7
843891011
IV COMPLIANCE WITH THE COMPREHENSIVE PLAN
The proposed rezoning is consistent with and fosters numerous goals and policies of the
Comprehensive Plan
The purposes of the District elements of the Comprehensive Plan for the National Capital are to (1) Define the requirements and aspirations of District residents and accordingly influence social economic and physical development (2) Guide executive and legislative decisions on matters affecting the District and its citizens (3) Promote economic growth and jobs for District residents (4) Guide private and public development in order to achieve District and community goals (5) Maintain and enhance the natural and architectural assets of the District and (6) Assist in the conservation stabilization and improvement of each neighborhood and community in the District
DC Code sect 1-30601(b) (2006) The proposed rezoning significantly advances these purposes
by furthering the physical and economic development of the District by facilitating the
redevelopment of a parking lot into an efficient addition to an existing office building in close
proximity to multiple Metrorail stations and other modes of transportation
A Citywide Elements
1 Framework Elements and Maps
The Framework Element provides guidelines for using the Future Land Use Map This
Element states that the Future Land Use Map should be interpreted ldquobroadlyrdquo and notes that the
zoning for an area should be guided by the Future Land Use Map interpreted in conjunction with
the text of the entire Comprehensive Plan
On the Future Land Use Map the Subject Property is mapped for High Density
Commercial and High Density Residential uses The High Density Commercial category
ldquodefine[s] the central employment district of the city and other major office employment centers
on the downtown perimeter It is characterized by office and mixed officeretail buildings greater
than eight stories in heightrdquo sect22511 The Zone Districts corresponding to High Density
Commercial areas include C-2-C C-3-C C-4 and C-5 the current designations for which are D-
8
843891011
4 D-5 D-6 and D-7 The High Density Residential category ldquodefine[s] neighborhoods and
corridors where high-rise (8 stories or more) apartment buildings are the predominant userdquo
sect2256 The Comprehensive Plan provides that R-5-D and R-5-E (now RA-4 and RA-5) Zone
Districts are consistent with High Density Residential
The rezoning is consistent with these definitions and the Zone Districts in this area Also
the rezoning will further the Elementrsquos goals of ldquoredevelopment and infill opportunities along
corridors and near transit stationsrdquo sect2176 as it will attain for more efficient use of the parking
lot space on H Street Finally the rezoning will strengthen downtown as ldquothe regionrsquos major
employment centerrdquo which the Element encourages by increasing the amount of commercial
development consistent with the Comprehensive Plan sect2188
On the Generalized Policy Map the Subject Property is designed as a ldquoLand Use Change
Areardquo Land Use Change Areas are identified as the areas where development is most
anticipated and ldquorepresent much of the cityrsquos supply of vacant and underutilized landrdquo sect22310
The Element designates areas as Land Use Change Areas to ldquoencourage and facilitate new
development and promote the adaptive reuse of existing structuresrdquo sect22311 ldquoThe District
aspires to create high quality environments that include exemplary site and architectural design
and that are compatible with and do not negatively impact nearby neighborhoodsrdquo sect22312 The
proposed rezoning will allow a quintessential Land Use Change Area development The
rezoning will facilitate the conversion of underutilized land into a space for high-quality
development
2 Land Use Element
The proposed rezoning advances several policies of the Land Use Element First the
Land Use Element encourages development using Metro stations as ldquoanchorsrdquo sect 30610 (LU-
9
843891011
131 Station Areas as Neighborhood Centers) as the best opportunities for infill development
sect 30611 (LU-132 Development around Metrorail Stations) and as pedestrian-oriented nodes
sect 3129 (LU-245 Encouraging Nodal Development) Here the Propertyrsquos proximity to the
Judiciary Square and other Metrorail stations furthers this use of Metro stations as anchors The
Property will be developed with the sort of pedestrian-oriented infill development promoted by
the Land Use Element
Second the Land Use Elements also seeks to foster the Central Employment Area as the
prime location for work in the District The Central Employment Area should ldquopromote the use
of this area with high-value land uses that enhance its image as the seat of the national
government and the center of the District of Columbia and that make the most efficient possible
use of its transportation facilitiesrdquo sect3049 (LU-114 Appropriate Uses in the CEA) The
Element specifies ldquothe CEA shall include the greater concentration of the cityrsquos private office
developmentrdquo sect3048 (LU-113 Central Employment Area) The Subject Property is located
adjacent to the Central Employment Area the boundary of which is H Street NW The rezoning
furthers the goals of the Element by not only creating more employment but by creating the
opportunity for additional office space adjacent to the Central Employment Area without
overburdening the congested office use in the ldquotraditionalrdquo downtown The rezoning also
encourages efficient use of the nearby transit facilities for employees coming to the Subject
Property
Third and finally the Land Use Element encourages creative parking management to
respond to the level of demand and mitigate congestion sectsect 30615 30916 and 31212 (LU-
136 Parking near Metro Stations LU-2111 Residential Parking Requirements and LU-248
Addressing Commercial Parking Impacts) The Element focuses developments on placing ldquoa
10
843891011
priority on attractive pedestrian-friendly design and a de-emphasis on auto-oriented uses and
surface parkingrdquo sect3064 (LU-13 Transit-Oriented and Corridor Development) Here the
rezoning meets the objectives of the Land Use Element by allowing for the future elimination of
the existing surface parking near a Metro station and offering an appropriate amount of enclosed
parking for employees
3 Other Elements
This rezoning is also consistent with policies in the Transportation Economic
Development and Urban Design Elements of the Comprehensive Plan The Transportation
Element encourages pedestrian-oriented development around transit stations sect 4031 (T-114
Transit-Oriented Development) and discourages auto-oriented uses such as ldquodrive-throughrdquo
business large surface parking lots and new curb cuts sect 4048 (T-123 Discouraging Auto-
Oriented Uses) The redevelopment of this site will be consistent with these objections and the
rezoning will encourage such a transit-oriented development As discussed the Property is
located in close proximity to multiple Metrorail stations Additionally there are many other bus
lines in the area and the commuter rail lines at Union Station are within a mile of the Subject
Property Therefore the redevelopment of the Property will enhance the use of public transit
based on the convenient location
The Economic Development Element encourages development that expands the office
sector in locations in the Central Washington area sect7076 (ED-211 Office Growth) A rezoning
that will allow the expansion of office space will constitute ldquoinfill and renovation within
established commercial districts to more efficiently use available space while providing
additional opportunities for spacerdquo sect70710 (ED-215 Infill and Renovation) Here the proposed
rezoning will facilitate the conversion of a surface parking lot to new office use amidst growing
11
843891011
demand in Mount Vernon Triangle thus providing more office space for the expanding demand
in a transit-rich area of the District
Finally the Map Amendment also supports the Urban Design Element of the
Comprehensive Plan First it furthers the Elementrsquos goal of view protection along H Street
Currently at the Subject Property there is an airshaft set apart from any other structures which
does not ldquoprovide greater focus and frame important vistas along thoroughfaresrdquo sect9064
(UD-14 Reinforcing Boulevards and Gateways) The rezoning will allow for a development that
may eliminate or wrap around the airshaft and allowing for a cohesive view that is uniform and
visually appealing
Additionally the Project also furthers the Elementrsquos goal of ldquoencourage[ing] creative
solutions for designing structured parking to minimize its visual prominencerdquo sect91021 (UD-
2211 Parking Structures) Instead of the current surface lot on the Subject Property a new
addition would enclose parking in the structure making it visually appealing and using the space
in an efficient way
B Compliance with Area Elements
The Subject Property is within the Central Washington Area Element This Element
encourages ldquoretain[ing] Central Washington as the premier office location in the Greater
Washington regionrdquo and guiding development ldquoeastward from its current area of concentrationrdquo
sect16083 (CW-112 Central Washington Office Growth) The Elementrsquos goals also include
making Central Washington ldquoa diverse placerdquo and states that ldquonon-profits also provide
desirable diversityrdquo sect16072 (Planning and Development Priorities) The proposed rezoning is
also consistent with the Elementrsquos goals for the specific Mount Vernon Triangle Area Echoing
policies elsewhere in the Comprehensive Plan the Central Washington Area Element encourages
projects in Mount Vernon Triangle to create ldquoeconomic valuerdquo and a ldquoquality environmentrdquo for
12
843891011
the area sect16145 (CW-24 Mount Vernon District) The proposed rezoning will serve all of these
goals ndash the non-profit AIPAC seeks to expand its current office and create more office space
outside of the current concentration of office spaces in downtown The addition will also make a
current inefficient use of space from the parking lot and airshaft into an efficient property with
high-quality office space that visually fits into the surrounding community The rezoning will
facilitate the possibility of this additional commercial space at the Property
13
843891011
V COMMUNITY CONTACTS
The community has been aware of AIPACrsquos interest in expanding for over two years
AIPAC representatives have met with ANC 6E twice since October of 2015 The Applicant will
be meeting with ANC 6E at an upcoming public meeting per the ANCrsquos request to review this
application
14
843891011
VI CONCLUSION
For the foregoing reasons the Applicant submits that the enclosed application meets the
standards of Chapter 5 of Subtitle X and Chapter 3 of Subtitle Z of the Zoning Regulations
Accordingly the Applicant respectfully requests that the Zoning Commission set the
rezoning application down for a public hearing at the earliest possible date
Respectfully submitted
GOULSTON amp STORRS PC
__s_____________________
Allison C Prince
__s_____________________
Meghan Hottel-Cox
Date September 1 2017
15
843891011
2nd amp H STREETS NW
By 251 Massachusetts Avenue LLC
APPLICATION TO THE DISTRICT OF COLUMBIA ZONING COMMISSION FOR
AN AMENDMENT TO THE ZONING MAP
September 1 2017
843891011
Applicant 251 Massachusetts Avenue LLC
251 H Street NW
Washington DC 20001
Land Use Counsel Goulston amp Storrs
1999 K Street NW 5th Floor
Washington DC 20006
i
843891011
TABLE OF CONTENTS
TABLE OF CONTENTS II
PREFACE IV
I INTRODUCTION 1
A Summary of Requested Action 1 B The Applicant 2 II THE PROPERTY 4
III PLANNING ANALYSIS ndash LAND USE AND ZONING IMPROVEMENTS 7
IV COMPLIANCE WITH THE COMPREHENSIVE PLAN 8
A Citywide Elements 8 B Compliance with Area Elements 12 V COMMUNITY CONTACTS 14
VI CONCLUSION 15
ii
843891011
EXHIBITS
Exhibit A ndash Application Form and Authorization Letter
Exhibit B ndash Zone Map
Exhibit C ndash Future Land Use Map
Exhibit D ndash Certificate of Notice
Exhibit E ndash Compliance with Regulations
Exhibit F ndash Publicly Available Information
Exhibit G ndash List of Property Owners within 200 feet of the Subject Property
Exhibit H ndash Plat
Exhibit I ndash Site and area photos
iii
843891011
PREFACE
This statement and the attached documents support the application of 251 Massachusetts
Avenue LLC to the Zoning Commission for a Zoning Map Amendment for the property known
as Lot 853 in Square 560 (ldquoSubject Propertyrdquo or ldquoPropertyrdquo) The Subject Property is in the
southern portion of Square 560 a rectangular-shaped block in NW bounded by 2nd 3rd H and K
Streets in Ward 6 The rezoning will facilitate the expansion of an existing office building on
adjacent Lot 852 at 251 H Street (ldquo251 Hrdquo) to meet the immediate and anticipated future growth
needs of the existing occupant of that building a non-profit organization
This application is consistent with the District of Columbia Comprehensive Plan DC
Law 16-300 10A DCMR (Planning and Development) sect 100 et seq (2006) (the
ldquoComprehensive Planrdquo) as well as the goals and policies of the District of Columbia
The Applicant originally proposed to expand 251 H by rezoning both the 251 H property
and the Subject Property to D-6 through the PUD process which would have allowed 130 feet of
building height Ultimately it was determined with input from the Office of Planning that the
rezoning process was simpler and more appropriate for this non-profit and that D-4 zoning while
more restrictive than D-6 would be sufficient to meet the Applicantrsquos needs
Submitted in support of this application are completed application forms a copy of the
notice of intent to file a rezoning application that was mailed to surrounding property owners and
parties (with the certification of mailing and list of property owners) and a map depicting the
Zone Districts for the property and surrounding area As set forth below this statement and the
attached documents meet the filing requirements for a map amendment under Subtitle X Chapter
5 and Subtitle Z Chapter 3 of the District of Columbia Zoning Regulations This application is
being filed as a contested case pursuant to Subtitle Z sect 2012(e) and Subtitle X Chapter 6
iv
843891011
I INTRODUCTION
A Summary of Requested Action
This statement and the attached documents support the application of 251 Massachusetts
Avenue LLC (ldquoOwnerrdquo or ldquoApplicantrdquo) to the Zoning Commission for a Zoning Map
Amendment for the rezoning of the Subject Property known as Lot 853 in Square 560 which is
located along the H Street corridor in Ward 6 within the jurisdiction of Advisory Neighborhood
Commission (ldquoANCrdquo) 6E The Subject Property is approximately four blocks from the Judiciary
Square Metrorail station and five blocks from the Union Station Metrorail station
The Subject Property is improved with a surface parking lot and contains 15000 square
feet of land area The I-395 Freeway runs underneath the Subject Property The site contains a
large and unsightly air shaft that was intended to provide ventilation to the I-395 tunnel The
Property is adjacent to the Applicantrsquos seven-story office building that serves as the headquarters
for the American Israel Public Affairs Committee (ldquoAIPACrdquo) a non-profit organization This
rezoning is driven by AIPACrsquos need to expand The Property can accommodate an addition to
serve the organizationrsquos projected future growth
The Subject Property is located in the High Density Commercial and High Density
Residential Land Use categories on the Future Land Use Map The Subject Property is currently
located in the MU-6 Zone District which was formerly known as the C-2-C Zone District The
Applicant seeks to rezone the property to the D-4 Zone District The Zoning Map Amendment
will not increase the maximum permitted height of 90 feet for the Property While it will only
increase the maximum FAR of 60 to 65 (or 78 if Density Credits are used) it will increase the
maximum permitted commercial FAR from 20 to 60
1
843891011
B The Applicant
The Applicant is a wholly-owned subsidiary of the American Israel Public Affairs
Committee (ldquoAIPACrdquo) AIPAC is a 100000+ member grass roots organization whose mission
is to strengthen protect and promote the US-Israel relationship in ways that enhance the
security of Israel and the United States AIPACrsquos staff and citizen activists educate decision
makers about the bonds that unite the United States and Israel and how it is in Americarsquos best
interest to help ensure that Israel is safe strong and secure The New York Times says AIPAC
is ldquothe most important organization affecting Americarsquos relationship with Israelrdquo
AIPAC is outgrowing its existing headquarters building at 251 H Street NW and the
proposed rezoning of the adjacent lot will facilitate its expansion When opened in February
2008 the current headquarters housed 125 employees In the eight years since opening AIPAC
has grown to 220 employees who currently work in its headquarters It anticipates having further
growth during the next three to five years The Applicant purchased the Property with the
expectation of creating additional space as AIPAC grew The Property will allow for additional
space to ensure that the organization will be able to remain on H Street for the foreseeable future
Notably the Applicant a wholly owned subsidiary of AIPAC is not exempt from real property
taxes in DC The Applicantrsquos current property taxes for the existing headquarters and the
Subject Project are $71706492 annually
Amendments to the Zoning Map are permitted provided that the new zone category is
ldquonot inconsistent with the Comprehensive Planrdquo DC Code Sec 6-64102 We strongly believe
that in this case a Map Amendment is appropriate Consistent with the Comprehensive Planrsquos
designation for the Property the Applicant proposes to rezone the Property to the D-4 Zone
District The D-4 Zone District is appropriate for the High Density CommercialHigh Density
2
843891011
Residential Land Use category After rezoning a potential commercial project under the D-4
Zone District would be permitted a height of 90 feet an FAR of 65 (or 78 with Density
Credits) and 100 lot occupancy
3
843891011
II THE PROPERTY
As described above the Subject Property consists of Lot 853 which is located above the
I-395 highway The parcel is part of a single record lot with other adjacent properties in the
square and is subject to a Single Record Lot Agreement that was originally recorded in 2006 and
was recently amended and restated
The Property is located at the northwestern corner of 2nd and H Streets NW and consists
of approximately 15000 square feet of land area The Property is improved with a surface level
parking lot and an air shaft that was used to vent the highway
The Property is subject to easements and covenants with the District of Columbia that
ensure continued operation of the highway as well as DDOT access to the support facilities
Construction on the Property will require review and approval by DDOT with concurrence by
the Federal Highway Administration Importantly the agreements explicitly list office and other
commercial and institutional uses as permitted uses
The Property is located in the Mount Vernon Triangle neighborhood at the edge of the
Downtown and NoMa neighborhoods and is surrounded by a mix of high density residential and
commercial uses as well as surface parking lots anticipated to be redeveloped As noted below
many of the surrounding properties have been constructed to a height of 130 feet
To the west and north of the Subject Property is an air rights parcel over a one story
portion of building a surface parking lot and along 3rd Street and Mount Carmel Baptist Church
all of which are part of the single record lot with the Subject Property The air rights parcel and
parking lot are anticipated to be redeveloped as a residential apartment building To the west of
the Property across 3rd Street NW is a 12-story residential building Further to the west are a
number of 12- and 13-story residential buildings
4
843891011
To the south of the Property across H Street NW is property that is maintained by the
District as Cobb Park The park is slated for a major renovation that is in the planning stages
Further to the south across Massachusetts Avenue NW is the northern block of the Capitol
Crossing PUD (ZC Order No 08-34) which is under construction and includes 130-foot tall
commercial office buildings To the southeast of the Subject Property at the southeast corner of
the intersection of 2nd and H Streets NW is an eight-story commercial office building
(commonly known as the ldquoDarth Vaderrdquo building) which measures over 100 feet in height and
was constructed pursuant to a PUD approved in ZC Case No 80-07 (ZC Order No 324) This
PUD was recently modified to include a Zoning Map Amendment to the C-4 Zone District
(based on the 1958 Zoning Regulations) to construct an addition allowing a building height of
130 feet and an FAR of 92 (ZC Order No 80-07A) To the east of the Subject Property are
surface parking lots that are being redeveloped pursuant to the Districtrsquos RFP process further to
the east is 77H which was recently redeveloped as a mixed-use residential and retail building
containing a Walmart
The Subject Property is approximately four blocks from the Judiciary Square Metrorail
station and other stations are also located within walking distance Additionally the Maryland
and Virginia commuter train services (MARC and VRE respectively) both service Union
Station which is six blocks from the Subject Property Multiple Metrobus lines also service the
Property
The Subject Property was formerly designated as C-2-C and is now designated as MU-6
Zone District under the 2016 Zoning Regulations Surrounding property to the north and west of
the Subject Property is located in the MU-6 and D-4-R Zone Districts Cobb Park to the south is
located in the D-4 Zone District the property further to the south in the Capitol Crossing PUD
5
843891011
was rezoned to the C-4 Zone District under the 1958 Zoning Regulations which is now known as
D-6 Property to the southeast is in the D-3 Zone District The triangular parcel immediately to
the east of the Subject Property is located in the MU-4 Zone District this parcel is District-
owned RFP site that is slated for development with a mixed-use residential building with ground
floor retail and a rezoning to the D-4-R Zone District (ZC Case 17-06) Property further to the
east is located in the MU-9 Zone District
6
843891011
IIIPLANNING ANALYSIS ndash LAND USE AND ZONING IMPROVEMENTS
As detailed in Section IV the proposed Map Amendment is fully consistent with the
goals and policies of the Comprehensive Plan for the District of Columbia which designate the
Subject Property for High Density Commercial and High Density Residential land use
Specifically the rezoning will allow for the expansion of AIPACrsquos existing nonprofit
headquarters in a transit-oriented location and high-demand area adjacent to the Central
Employment Area The proposed expansion under D-4 zoning will be appropriate given the
proximity to transit the height and mass of surrounding buildings along H Street and
Massachusetts Avenue and the lack of adverse impacts on nearby residential areas The
rezoning will have a positive land use impact that is consistent with the Comprehensive Plan and
other planning goals of the District of Columbia
The Applicant requests a Zoning Map Amendment for the Subject Property to the D-4
Zone District This proposed zone plan is consistent with the Comprehensive Plan As discussed
more fully in Section IV the Future Land Use Map of the Comprehensive Plan locates the
Subject Property in the High Density Commercial and High Density Residential categories The
proposed D-4 zoning is necessary to accommodate the needed commercial density The
Comprehensive Plan states that the proposed D-4 Zone District (formerly C-3-C) is consistent
with the Future Land Use Map designation Accordingly the proposed rezoning of the Subject
Property to the D-4 Zone District is consistent with the Comprehensive Plan
7
843891011
IV COMPLIANCE WITH THE COMPREHENSIVE PLAN
The proposed rezoning is consistent with and fosters numerous goals and policies of the
Comprehensive Plan
The purposes of the District elements of the Comprehensive Plan for the National Capital are to (1) Define the requirements and aspirations of District residents and accordingly influence social economic and physical development (2) Guide executive and legislative decisions on matters affecting the District and its citizens (3) Promote economic growth and jobs for District residents (4) Guide private and public development in order to achieve District and community goals (5) Maintain and enhance the natural and architectural assets of the District and (6) Assist in the conservation stabilization and improvement of each neighborhood and community in the District
DC Code sect 1-30601(b) (2006) The proposed rezoning significantly advances these purposes
by furthering the physical and economic development of the District by facilitating the
redevelopment of a parking lot into an efficient addition to an existing office building in close
proximity to multiple Metrorail stations and other modes of transportation
A Citywide Elements
1 Framework Elements and Maps
The Framework Element provides guidelines for using the Future Land Use Map This
Element states that the Future Land Use Map should be interpreted ldquobroadlyrdquo and notes that the
zoning for an area should be guided by the Future Land Use Map interpreted in conjunction with
the text of the entire Comprehensive Plan
On the Future Land Use Map the Subject Property is mapped for High Density
Commercial and High Density Residential uses The High Density Commercial category
ldquodefine[s] the central employment district of the city and other major office employment centers
on the downtown perimeter It is characterized by office and mixed officeretail buildings greater
than eight stories in heightrdquo sect22511 The Zone Districts corresponding to High Density
Commercial areas include C-2-C C-3-C C-4 and C-5 the current designations for which are D-
8
843891011
4 D-5 D-6 and D-7 The High Density Residential category ldquodefine[s] neighborhoods and
corridors where high-rise (8 stories or more) apartment buildings are the predominant userdquo
sect2256 The Comprehensive Plan provides that R-5-D and R-5-E (now RA-4 and RA-5) Zone
Districts are consistent with High Density Residential
The rezoning is consistent with these definitions and the Zone Districts in this area Also
the rezoning will further the Elementrsquos goals of ldquoredevelopment and infill opportunities along
corridors and near transit stationsrdquo sect2176 as it will attain for more efficient use of the parking
lot space on H Street Finally the rezoning will strengthen downtown as ldquothe regionrsquos major
employment centerrdquo which the Element encourages by increasing the amount of commercial
development consistent with the Comprehensive Plan sect2188
On the Generalized Policy Map the Subject Property is designed as a ldquoLand Use Change
Areardquo Land Use Change Areas are identified as the areas where development is most
anticipated and ldquorepresent much of the cityrsquos supply of vacant and underutilized landrdquo sect22310
The Element designates areas as Land Use Change Areas to ldquoencourage and facilitate new
development and promote the adaptive reuse of existing structuresrdquo sect22311 ldquoThe District
aspires to create high quality environments that include exemplary site and architectural design
and that are compatible with and do not negatively impact nearby neighborhoodsrdquo sect22312 The
proposed rezoning will allow a quintessential Land Use Change Area development The
rezoning will facilitate the conversion of underutilized land into a space for high-quality
development
2 Land Use Element
The proposed rezoning advances several policies of the Land Use Element First the
Land Use Element encourages development using Metro stations as ldquoanchorsrdquo sect 30610 (LU-
9
843891011
131 Station Areas as Neighborhood Centers) as the best opportunities for infill development
sect 30611 (LU-132 Development around Metrorail Stations) and as pedestrian-oriented nodes
sect 3129 (LU-245 Encouraging Nodal Development) Here the Propertyrsquos proximity to the
Judiciary Square and other Metrorail stations furthers this use of Metro stations as anchors The
Property will be developed with the sort of pedestrian-oriented infill development promoted by
the Land Use Element
Second the Land Use Elements also seeks to foster the Central Employment Area as the
prime location for work in the District The Central Employment Area should ldquopromote the use
of this area with high-value land uses that enhance its image as the seat of the national
government and the center of the District of Columbia and that make the most efficient possible
use of its transportation facilitiesrdquo sect3049 (LU-114 Appropriate Uses in the CEA) The
Element specifies ldquothe CEA shall include the greater concentration of the cityrsquos private office
developmentrdquo sect3048 (LU-113 Central Employment Area) The Subject Property is located
adjacent to the Central Employment Area the boundary of which is H Street NW The rezoning
furthers the goals of the Element by not only creating more employment but by creating the
opportunity for additional office space adjacent to the Central Employment Area without
overburdening the congested office use in the ldquotraditionalrdquo downtown The rezoning also
encourages efficient use of the nearby transit facilities for employees coming to the Subject
Property
Third and finally the Land Use Element encourages creative parking management to
respond to the level of demand and mitigate congestion sectsect 30615 30916 and 31212 (LU-
136 Parking near Metro Stations LU-2111 Residential Parking Requirements and LU-248
Addressing Commercial Parking Impacts) The Element focuses developments on placing ldquoa
10
843891011
priority on attractive pedestrian-friendly design and a de-emphasis on auto-oriented uses and
surface parkingrdquo sect3064 (LU-13 Transit-Oriented and Corridor Development) Here the
rezoning meets the objectives of the Land Use Element by allowing for the future elimination of
the existing surface parking near a Metro station and offering an appropriate amount of enclosed
parking for employees
3 Other Elements
This rezoning is also consistent with policies in the Transportation Economic
Development and Urban Design Elements of the Comprehensive Plan The Transportation
Element encourages pedestrian-oriented development around transit stations sect 4031 (T-114
Transit-Oriented Development) and discourages auto-oriented uses such as ldquodrive-throughrdquo
business large surface parking lots and new curb cuts sect 4048 (T-123 Discouraging Auto-
Oriented Uses) The redevelopment of this site will be consistent with these objections and the
rezoning will encourage such a transit-oriented development As discussed the Property is
located in close proximity to multiple Metrorail stations Additionally there are many other bus
lines in the area and the commuter rail lines at Union Station are within a mile of the Subject
Property Therefore the redevelopment of the Property will enhance the use of public transit
based on the convenient location
The Economic Development Element encourages development that expands the office
sector in locations in the Central Washington area sect7076 (ED-211 Office Growth) A rezoning
that will allow the expansion of office space will constitute ldquoinfill and renovation within
established commercial districts to more efficiently use available space while providing
additional opportunities for spacerdquo sect70710 (ED-215 Infill and Renovation) Here the proposed
rezoning will facilitate the conversion of a surface parking lot to new office use amidst growing
11
843891011
demand in Mount Vernon Triangle thus providing more office space for the expanding demand
in a transit-rich area of the District
Finally the Map Amendment also supports the Urban Design Element of the
Comprehensive Plan First it furthers the Elementrsquos goal of view protection along H Street
Currently at the Subject Property there is an airshaft set apart from any other structures which
does not ldquoprovide greater focus and frame important vistas along thoroughfaresrdquo sect9064
(UD-14 Reinforcing Boulevards and Gateways) The rezoning will allow for a development that
may eliminate or wrap around the airshaft and allowing for a cohesive view that is uniform and
visually appealing
Additionally the Project also furthers the Elementrsquos goal of ldquoencourage[ing] creative
solutions for designing structured parking to minimize its visual prominencerdquo sect91021 (UD-
2211 Parking Structures) Instead of the current surface lot on the Subject Property a new
addition would enclose parking in the structure making it visually appealing and using the space
in an efficient way
B Compliance with Area Elements
The Subject Property is within the Central Washington Area Element This Element
encourages ldquoretain[ing] Central Washington as the premier office location in the Greater
Washington regionrdquo and guiding development ldquoeastward from its current area of concentrationrdquo
sect16083 (CW-112 Central Washington Office Growth) The Elementrsquos goals also include
making Central Washington ldquoa diverse placerdquo and states that ldquonon-profits also provide
desirable diversityrdquo sect16072 (Planning and Development Priorities) The proposed rezoning is
also consistent with the Elementrsquos goals for the specific Mount Vernon Triangle Area Echoing
policies elsewhere in the Comprehensive Plan the Central Washington Area Element encourages
projects in Mount Vernon Triangle to create ldquoeconomic valuerdquo and a ldquoquality environmentrdquo for
12
843891011
the area sect16145 (CW-24 Mount Vernon District) The proposed rezoning will serve all of these
goals ndash the non-profit AIPAC seeks to expand its current office and create more office space
outside of the current concentration of office spaces in downtown The addition will also make a
current inefficient use of space from the parking lot and airshaft into an efficient property with
high-quality office space that visually fits into the surrounding community The rezoning will
facilitate the possibility of this additional commercial space at the Property
13
843891011
V COMMUNITY CONTACTS
The community has been aware of AIPACrsquos interest in expanding for over two years
AIPAC representatives have met with ANC 6E twice since October of 2015 The Applicant will
be meeting with ANC 6E at an upcoming public meeting per the ANCrsquos request to review this
application
14
843891011
VI CONCLUSION
For the foregoing reasons the Applicant submits that the enclosed application meets the
standards of Chapter 5 of Subtitle X and Chapter 3 of Subtitle Z of the Zoning Regulations
Accordingly the Applicant respectfully requests that the Zoning Commission set the
rezoning application down for a public hearing at the earliest possible date
Respectfully submitted
GOULSTON amp STORRS PC
__s_____________________
Allison C Prince
__s_____________________
Meghan Hottel-Cox
Date September 1 2017
15
843891011
2nd amp H STREETS NW
By 251 Massachusetts Avenue LLC
APPLICATION TO THE DISTRICT OF COLUMBIA ZONING COMMISSION FOR
AN AMENDMENT TO THE ZONING MAP
September 1 2017
843891011
Applicant 251 Massachusetts Avenue LLC
251 H Street NW
Washington DC 20001
Land Use Counsel Goulston amp Storrs
1999 K Street NW 5th Floor
Washington DC 20006
i
843891011
TABLE OF CONTENTS
TABLE OF CONTENTS II
PREFACE IV
I INTRODUCTION 1
A Summary of Requested Action 1 B The Applicant 2 II THE PROPERTY 4
III PLANNING ANALYSIS ndash LAND USE AND ZONING IMPROVEMENTS 7
IV COMPLIANCE WITH THE COMPREHENSIVE PLAN 8
A Citywide Elements 8 B Compliance with Area Elements 12 V COMMUNITY CONTACTS 14
VI CONCLUSION 15
ii
843891011
EXHIBITS
Exhibit A ndash Application Form and Authorization Letter
Exhibit B ndash Zone Map
Exhibit C ndash Future Land Use Map
Exhibit D ndash Certificate of Notice
Exhibit E ndash Compliance with Regulations
Exhibit F ndash Publicly Available Information
Exhibit G ndash List of Property Owners within 200 feet of the Subject Property
Exhibit H ndash Plat
Exhibit I ndash Site and area photos
iii
843891011
PREFACE
This statement and the attached documents support the application of 251 Massachusetts
Avenue LLC to the Zoning Commission for a Zoning Map Amendment for the property known
as Lot 853 in Square 560 (ldquoSubject Propertyrdquo or ldquoPropertyrdquo) The Subject Property is in the
southern portion of Square 560 a rectangular-shaped block in NW bounded by 2nd 3rd H and K
Streets in Ward 6 The rezoning will facilitate the expansion of an existing office building on
adjacent Lot 852 at 251 H Street (ldquo251 Hrdquo) to meet the immediate and anticipated future growth
needs of the existing occupant of that building a non-profit organization
This application is consistent with the District of Columbia Comprehensive Plan DC
Law 16-300 10A DCMR (Planning and Development) sect 100 et seq (2006) (the
ldquoComprehensive Planrdquo) as well as the goals and policies of the District of Columbia
The Applicant originally proposed to expand 251 H by rezoning both the 251 H property
and the Subject Property to D-6 through the PUD process which would have allowed 130 feet of
building height Ultimately it was determined with input from the Office of Planning that the
rezoning process was simpler and more appropriate for this non-profit and that D-4 zoning while
more restrictive than D-6 would be sufficient to meet the Applicantrsquos needs
Submitted in support of this application are completed application forms a copy of the
notice of intent to file a rezoning application that was mailed to surrounding property owners and
parties (with the certification of mailing and list of property owners) and a map depicting the
Zone Districts for the property and surrounding area As set forth below this statement and the
attached documents meet the filing requirements for a map amendment under Subtitle X Chapter
5 and Subtitle Z Chapter 3 of the District of Columbia Zoning Regulations This application is
being filed as a contested case pursuant to Subtitle Z sect 2012(e) and Subtitle X Chapter 6
iv
843891011
I INTRODUCTION
A Summary of Requested Action
This statement and the attached documents support the application of 251 Massachusetts
Avenue LLC (ldquoOwnerrdquo or ldquoApplicantrdquo) to the Zoning Commission for a Zoning Map
Amendment for the rezoning of the Subject Property known as Lot 853 in Square 560 which is
located along the H Street corridor in Ward 6 within the jurisdiction of Advisory Neighborhood
Commission (ldquoANCrdquo) 6E The Subject Property is approximately four blocks from the Judiciary
Square Metrorail station and five blocks from the Union Station Metrorail station
The Subject Property is improved with a surface parking lot and contains 15000 square
feet of land area The I-395 Freeway runs underneath the Subject Property The site contains a
large and unsightly air shaft that was intended to provide ventilation to the I-395 tunnel The
Property is adjacent to the Applicantrsquos seven-story office building that serves as the headquarters
for the American Israel Public Affairs Committee (ldquoAIPACrdquo) a non-profit organization This
rezoning is driven by AIPACrsquos need to expand The Property can accommodate an addition to
serve the organizationrsquos projected future growth
The Subject Property is located in the High Density Commercial and High Density
Residential Land Use categories on the Future Land Use Map The Subject Property is currently
located in the MU-6 Zone District which was formerly known as the C-2-C Zone District The
Applicant seeks to rezone the property to the D-4 Zone District The Zoning Map Amendment
will not increase the maximum permitted height of 90 feet for the Property While it will only
increase the maximum FAR of 60 to 65 (or 78 if Density Credits are used) it will increase the
maximum permitted commercial FAR from 20 to 60
1
843891011
B The Applicant
The Applicant is a wholly-owned subsidiary of the American Israel Public Affairs
Committee (ldquoAIPACrdquo) AIPAC is a 100000+ member grass roots organization whose mission
is to strengthen protect and promote the US-Israel relationship in ways that enhance the
security of Israel and the United States AIPACrsquos staff and citizen activists educate decision
makers about the bonds that unite the United States and Israel and how it is in Americarsquos best
interest to help ensure that Israel is safe strong and secure The New York Times says AIPAC
is ldquothe most important organization affecting Americarsquos relationship with Israelrdquo
AIPAC is outgrowing its existing headquarters building at 251 H Street NW and the
proposed rezoning of the adjacent lot will facilitate its expansion When opened in February
2008 the current headquarters housed 125 employees In the eight years since opening AIPAC
has grown to 220 employees who currently work in its headquarters It anticipates having further
growth during the next three to five years The Applicant purchased the Property with the
expectation of creating additional space as AIPAC grew The Property will allow for additional
space to ensure that the organization will be able to remain on H Street for the foreseeable future
Notably the Applicant a wholly owned subsidiary of AIPAC is not exempt from real property
taxes in DC The Applicantrsquos current property taxes for the existing headquarters and the
Subject Project are $71706492 annually
Amendments to the Zoning Map are permitted provided that the new zone category is
ldquonot inconsistent with the Comprehensive Planrdquo DC Code Sec 6-64102 We strongly believe
that in this case a Map Amendment is appropriate Consistent with the Comprehensive Planrsquos
designation for the Property the Applicant proposes to rezone the Property to the D-4 Zone
District The D-4 Zone District is appropriate for the High Density CommercialHigh Density
2
843891011
Residential Land Use category After rezoning a potential commercial project under the D-4
Zone District would be permitted a height of 90 feet an FAR of 65 (or 78 with Density
Credits) and 100 lot occupancy
3
843891011