Closing of a Portion of a Public Alley in Square 762, S.O. 23-01974, Act of 2026

MURIEL BOWSER
MAYOR
February 23, 2026
The Honorable Phil Mendelson
Chairman
Council of the District of Columbia
John A. Wilson Building
1350 Pennsylvania Avenue, NW, Suite 504
Washington, DC 20004
Dear Chairman Mendelson:
Enclosed for the consideration of the Council of the District of Columbia is legislation entitled "Proposed
Closing of the Northeast Portion of the Public Alley in Square 762, S.O. 23-01974, Act of2026".
The purpose of this application is to close a dead-end portion of the existing public alley system in Square
762 to facilitate the renovation and expansion of the historic building on the Site. The portion of the alley
system to be closed varies in width, generally between approximately l O and 12 feet and is not currently
used or relied upon for any transportation purposes.
Pursuant to D.C. Official Code § 9-202.02(5) the application was referred to Advisory Neighborhood
Commission (ANC) 6B on April 3, 2023. In a letter dated May 16, 2024, ANC 6B voted in support of
this application. The application was referred to the National Capital Planning Commission (NCPC) on
April 3, 2023. In a letter dated May 5, 2023, staff finds the project is not inconsistent with the relevant
Comprehensive Plan policies contained in the Historic Preservation and Urban Design Elements. The
alley closing will not impact any federal properties, nor any other identified federal interests. NCPC has
an advisory review of alley closings and therefore does not have a responsibility under the National
Historic Preservation Act or the National Environmental Policy Act.
Enclosed is a copy of the plat for recording along with a copy of the application and draft legislation.
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C~ il Mendelson
at the request of the Mayor
A BILL
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
15 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
16 act may be cited as the "Closing of a Portion of a Public Alley in Square 762, S.O . 23-01974,
17 Act of 2026."
18 Sec. 2. Pursuant to section 404 of the District of Columbia Home Rule Act, approved
19 December 24, 1973 (87 Stat. 787; D.C. Official Code§ 1-204.04), and consistent with the Street
20 and Alley Closing Acquisition Procedures Act of 1982, effective March 10, 1983 (D.C. Law 4-
21 201; D.C. Official Code§ 9-202.01 et seq.), the Council finds that the portion of the public alley
22 in Square 762, as shown on the Surveyor's plat filed under S.O. 23-01974, is unnecessary for
23 alley purposes and orders it closed, as shown on the Surveyor's plat filed under S.O. 23-01974,
24 with title to the land to vest as shown on the Surveyor's plat filed under S.O. 23-01974.
25 Sec. 3. The ordering of the alley closure under section 2 is contingent upon the
26 satisfaction of all the conditions set forth in the official file for S.O. 23-01974.
27 Sec. 4. Fiscal impact statement.
28 The Council adopts the fiscal impact statement prepared by the Chief Financial Officer as
29 the fiscal impact statement required by section 602( c )(3) of the District of Columbia Home Rule
30 Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code §1-206.02 (c)(3)).
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Sec. 5. Effective date. 31
This act shall take effect upon its approval by the Mayor (or in the event of veto by the 32
Mayor, action by the Council to override the veto), a 30-day period of congressional review as 33
provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 34
24, 1973 (87 Stat 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 35
Columbia Register. 36
1350 Pennsylvania Avenue, N.W., Suite 409, Washington, D.C. 20004
Phone (202) 262-6402 Email: adele.el-khouri@dc.gov
GOVERNMENT OF THE DISTRICT OF COLUMBIA
OFFICE OF THE ATTORNEY GENERAL
BRIAN L. SCHWALB
ATTORNEY GENERAL
LEGAL COUNSEL DIVISION
M
EMORANDUM
T
O: Tomás Talamante
Director
Office of Policy and Legislative Affairs
F
ROM: Adele El-Khouri
Deputy Attorney General
Legal Counsel Division
DATE: February 20, 2026
SUBJECT: Legal Sufficiency Review of Draft Legislation, the “Closing of a Portion of a Public
Alley in Square 762, S.O. 23-01974, Act of 2026”
(AE-26-067)
_____________________________________________________________________________________
This is to Certify that the Office of the Attorney General has reviewed the
above-referenced legislation and found it to be legally sufficient. If you have any questions in this
regard, please do not hesitate to call me at (202) 262-6402.
_________________________________
A
dele El-Khouri

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___________________________ 1
Chairman Phil Mendelson 2
at the request of the Mayor 3
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A BILL 6
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 10
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To order the closing of a portion of a public alley in Square 762 in Ward 6. 14
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 16
act may be cited as the “Closing of a Portion of a Public Alley in Square 762, S.O. 23-01974, 17
Act of 2026.” 18
Sec. 2. Pursuant to section 404 of the District of Columbia Home Rule Act, approved 19
December 24, 1973 (87 Stat. 787; D.C. Official Code § 1-204.04), the Council finds that the 20
portion of the public alley in Square 762, as shown on the Surveyor’s plat filed under S.O. 23-21
01974, is unnecessary for alley purposes and orders it closed, as shown on the Surveyor’s plat 22
filed under S.O. 23-01974, with title to the land to vest as shown on the Surveyor’s plat filed 23
under S.O. 23-01974. 24
Sec. 3. The ordering of the alley closure under section 2 is contingent upon the 25
satisfaction of all the conditions set forth in the official file for S.O. 23-01974. 26
Sec. 4. Fiscal impact statement. 27
The Council adopts the fiscal impact statement prepared by the Chief Financial Officer as 28
the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 29
1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 30
2

Sec. 5. Effective date. 31
This act shall take effect upon its approval by the Mayor (or in the event of veto by the 32
Mayor, action by the Council to override the veto), a 30-day period of congressional review as 33
provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 34
24, 1973 (87 Stat 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 35
Columbia Register. 36
Delegated Action of the Executive Director
PROJECT
Proposed Closing of a Public Alley in
Square 762 - S.O. 23-01974
224 2nd Street, SE
Washington, DC
SUBMITTED BY
District of Columbia Department of Buildings,
Office of the Surveyor
NCPC FILE NUMBER
8458
NCPC MAP FILE NUMBER
1.12(44.40)45666
ACTION TAKEN
Approve comments to the Council
of the District of Columbia
REVIEW AUTHORITY
Advisory
Per DC Code § 9-202.02
The District of Columbia Department of Buildings, Office of the Surveyor. has submitted a proposed alley
closure for Commission review and comment. The proposed alley closure includes the dead-end portion of
an existing public alley system in Lots 823, 842, and 843 in Square 762. The alley is bounded
by Pennsylvania Avenue, SE to the north, 3rd Street, SE, C Street, SE, and 2nd Street, SE. The portion of
the public alley to be closed has a combined area of 3,500 square feet. The alley varies in width,
generally between 10 and 12 feet, and is not currently used or relied upon for any transportation
purpose. The alley is located within the original boundary of the L’Enfant City. The surrounding uses are
generally mixed-use with ground floor retail and residential above, with government uses to the west.
The applicant, Clear Plains LLC, is proposing to close the alley in order to facilitate the ren ovation,
expansion, and adaptive reuse of the historic buildings on the site. The site will be combined into a single
lot of record along with the adjacent property located at 233 Pennsylvania Avenue, SE, and the existing
historic structures will be connected to create a single building for use by the new ownership. The ground
floor will include retail and entry to the office space above. The second floor will include office and event
space. The third floor will include event space. The rear of the structure will also house private event space,
which will open into an open courtyard in the center of the newly combined site. The development proposal
will be reviewed as a submission to the Zoning Commission.
Staff finds the project is not inconsistent with the relevant Comprehensive Plan policies contained in the
Historic Preservation and Urban Design Elements. The alley closing will not impact any federal properties,
nor any other identified federal interests. NCPC has an advisory review of alley closings, and therefore does
not have a responsibility under the National Historic Preservation Act or the National Environmental Policy
Act.
The Coordinating Committee reviewed the proposal at its April 12, 2023 meeting. Without objection, the
Committee forwarded the proposed comments to the Council of the District of Co lumbia to the
Commission with the statement that the proposal has been coordinated with most participating
agencies, including the General Services Administration, National Park Service, Washington
Metropolitan Area Transit Authority, the U.S. Commission of Fine Arts (CFA), DC State Historic
Preservation Office, District Department of Transportation, District Department of Energy and
Environment, and the DC Office of Planning (DCOP). The DCOP noted that they are not coordinating
yet since they have just received the proposal and are

D
elegated Action of the Executive Director Page 2
NCPC File No. 8458
reviewing access impacts to adjacent properties. CFA staff noted that the Board of Zoning Adjustment had
previously reviewed a project at this site and had concerns.
F
igure 1: Proposed Plat for Alley Closure on Square 762
F
igure 2: Proposed Design

Delegated Action of the Executive Director Page 3
NCPC File No. 8458

* * *

Pursuant to delegations of authority adopted by the Commission on April 1, 2021 and per DC Code
§ 9- 202.02, I find the proposed alley closing in Square 762, located in the block bounded by
Pennsylvania Avenue, SE, 3rd Street, SE, C Street, SE, and 2 nd Street, SE in Washington, DC,
would not be inconsistent with the Federal Elements of the Comprehensive Plan for the National
Capital nor would it adversely affect any other federal interests.

Marcel Acosta
Executive Director

Date

for
04/27/2023

401 9th Street, NW North Lobby, Suite 500 Washington, DC 20004 Tel 202.482.7200 www.ncpc.gov

Commission Members

Presidential Appointees
Teri Hawks Goodmann, Chair
Bryan C. Green
Elizabeth M. Hewlett

Mayoral Appointees
Arrington Dixon
Linda Argo

Ex Officio Members
Secretary of Defense
The Honorable Lloyd J. Austin III

Secretary of the Interior
The Honorable Deb Haaland

Administrator of General Services
The Honorable Robin Carnahan

Chairman
Committee on Homeland Security
and Governmental Affairs
United States Senate
The Honorable Gary C. Peters

Chair
Committee on Oversight and Reform
U.S. House of Representatives
The Honorable James Comer

Mayor
District of Columbia
The Honorable Muriel Bowser

Chairman
Council of the District of Columbia
The Honorable Phil Mendelson

Executive Director
Marcel Acosta

IN REPLY REFER TO:
NCPC File No. 8458

May 5, 2023

Mr. Joseph Snider
District of Columbia Department of Buildings
Office of the Surveyor
1100 4th Street, SW
Washington, DC 20024

Dear Mr. Snider:
Pursuant to delegations of authority adopted by the Commission, I approved the comments to
the Council of the District of Columbia for the Proposed Closing of a Public Alley in Square
762 - S.O. 23-01974 located at 224 2nd Street, SE, Washington, DC. A copy of the Delegated
Action of the Executive Director is enclosed and available online at
www.ncpc.gov/review/archive/2023/5/ as part of the May 2023 meeting materials.
Implementation of the project may require review by local agencies, including the issuance of
permits pursuant to regulations promulgated under the authority of federal environmental
statutes.
Sincerely,

Marcel Acosta
Executive Director

Enclosures

cc: Ms. Anita Cozart, Director, DC Office of Planning
Mr. Thomas Luebke, Secretary, U.S. Commission of Fine Arts

6801 Industrial Road
Springfield, Virginia 22151

April 13, 2023

Mr. Joseph E. Snider
Office of the Surveyor
1100 4th Street, S.W., Room E320
Washington, D.C. 20024

Re: Proposed Closing of a Public Alley in Square 762 – S.O. 23-01974

Mr. Snider,

Our, consultant, ENTRUST Solutions Group, has reviewed the proposed public alley closures in
the subject location detailed in the attachments to the subject application filed by Holland & Knight. After
reviewing the area, it has been determined that Washington Gas does not have active natural gas
facilities within the limits of the proposed public alley closure which will be impacted by this proposal.
Washington Gas approves the Right of Way closure at this location.

Should you have any questions or concerns regarding these facilities, you may contact,
Johnathan Miller at:

ENTRUST Solutions Group
811 Pinnacle Drive, Suite Q
Linthicum Heights, Maryland 21090
jmiller@entrustsol.com
Office (606) 653-1417
Fax (630) 353-7777

Sincerely,

Fasica Negash
Washington Gas
Engineer, System Replacement
Fasica.nagash@washgas.com
Office: 571-562-0908

04/13/2023
Network Engineering
OPPE MD/DC
13101 Columbia Pike, FDC 1
Floor 1
Silver Spring, MD 20904
April 10th, 2023
Mr. Joseph E. Snider
Office of the Surveyor
1100 4th Street SW
Washin
gton, D.C. 20024
RE: Proposed Closing of a Public Alley in Square 762 – S.O. 23-01974
Dear Mr. Snider:
Location: Square 762
Verizon Washington D.C. Inc. objects to the proposal unless one of the two following are
done:
[ ] Service is no longer required in the Square.
[X ] An easement will be provided, and paid for by the ow ners with metes and bounds description with a plat and all
documentation necessary to record the easement to permit existing telephone plant to remain in its present location subject
to Verizon approval.
[ X ] Verizon is fully reimbursed for relocating its plant an d feeders. Alley/Street closing will not take place until
these facilities are completely relocated and permanent services restored fully to all customers affected by the move.
[ ] Telephone cables and termin als are cut off and abandoned.
Very truly yours,
Kenneth D. Young
Engineer, Outside Plant Engineering, WSAM
KDY
c.c. D.C.D.O.T. Underground Location Section
Area Engineer
File

verizon
1/13/2025
Mr.RamonLabradorOfficeoftheSurveyor11004"StreetSWWashington,DC.
20024
Re:— ProposedClosingofaPublicAlleyinSquare762.S.023-01974
DearMr.Labrador
VerizonWashingtonD.C.Inc.doesnotobjecttothisProposedClosingofa PublicAlley
basedonitsconfigurationnow.However,anyfutureredevelopmentthatrequiresVerizontomoveitsfacilitiesafterthealleyisclosedwillrequirefullreimbursementto
Verizonforthiswork.
Yourssincerely,
KennyYoungVerizonOSPEngineering
Mg fog

GOVERNMENT OF THE DISTRICT OF COLUMBIA
Department of Public Works
Solid Waste Management Administration

MEMORANDUM
To: Diana Dorsey
Acting Chief Building Official

From: Reginald L. May
Associate Administrator SWMA, DPW

Subject: SUBJECT: Proposed Closing of a Public Alley in Square 762- S.R. 23-01974

Date: August 18th, 2023

This project will not cause a negative environmental impact if project developers and owners are
following applicable laws and regulations governing solid waste management during all phases of the
project.
District laws require that the property and the abutting public space be maintained free of litter, dust
management, and debris daily, and that all solid waste be properly containerized and removed at
sufficient frequency by a licensed solid waste Collector.

Should you have any questions you can contact me by email at; reginald.may2@dc.gov. I am available
by telephone on (202-645- 3900).

Engineering and Design– DC Engineering and Design – Mont. Co. Engineering and Design – PG Co.
3400 Benning Road, NE; Bldg. #59 201 West Gude Drive 8300 Old Marlboro Pike
Washington, DC 20019-1503 Rockville, Maryland 20850 Upper Marlboro, MD 20772
Tel: 202-331-6237/Fax: 202-388-2721 Tel: 301-670-8700/Fax: 301-670-8718 Tel:301-967-5800/Fax:301-967-5830

pepco.com

June 2, 2023

Mr. Joseph E. Snider
Department of Buildings
Office of the Surveyor for the District of Columbia
1100 4th Street, SW, Third Floor
Washington, DC 20024

Re: S.O. 23-01974
Square 762

Dear Mr. Snider:

In response to your Memorandum concerning the subject proposed Alley of closing square 762.
Pepco has reviewed the documents and comments as follows:
• PEPCO rejects this proposal.
• Further discussion required for PEPCO to reconsider since we have infrastructure in the
within the alley.

Sincerely,

Warren L. Spencer II, PE
Supervisor Designers
Phone: 240.797.3892
Email: warren.spencerii@exeloncorp.com
District of Columbia Office
3400 Benning Road, NE
Washington, DC 20019
202-331-6237

November 21, 2024 Joseph E SniderDepartment of BuildingsOffice of the Surveyor for the District of Columbia1100 4th Street, SW, Third FloorWashington, DC 20024Subject: Alley ClosingS.O 23 - 01974Square 762Dear Mr. Snider, In response to your memorandum regarding the proposed alley closure in Square 762, Pepco has reviewed the submitted documents and assessed the existing field conditions. We will grant “Approval with Conditions” subject to the following conditions:1.Streetlight Removal Coordination: The applicant must collaborate with the District of Columbia Department of Transportation (DDOT) to secure approval for the removal of the streetlight fixture located in the alley. Pepco will not proceed with de-energizing the streetlight until the required Streetlight Fixture Removal (SLF) authorization is obtained from the DC Streetlight Department.2.Service Coordination: The applicant must coordinate with Pepco Distribution Engineering to address the existing metered service for the property at 203 Rear 3rd Street SE, Washington, DC.Please ensure these conditions are addressed to facilitate the approval process. If you have any questions or require further assistance, feel free to reach out.Sincerely,Name: Christopher WilsonTitle: Supervisor Designers – New Business DCPepco Engineering and DesignPhone (Office): (202) 428 - 1366E-mail address: Christopher.Wilson4@exeloncorp.com
Montgomery County Office201 W. Gude Drive Rockville, MD 20850301-670-8700Prince George’s County Office8300 Old Marlboro PikeUpper Marlboro, MD 20772-2620301-967-5800District of Columbia Office3400 Benning Road, NEWashington, DC 20019202-331-6237

E650 – 1100 4th Street SW Washington, D.C. 20024 phone 202 -442 -7600, fax 202 -535 -2497
www.planning.dc.gov Find us on Facebook or follow us on Twitter @OPinDC
MEMORANDUM

TO: Joseph E. Snider, RLS, D.C. Surveyor
Office of the Surveyor
FROM: Crystal Myers, Development Review Specialist
Joel Lawson, Associate Director Development Review
DATE: June 27, 2023
SUBJECT: S.O. 23-01974
Proposed Closing of a Public Alley in Square 762

I. RECOMMENDATION
The Office of Planning (OP) has completed its review of the application for the requested alley closing
and has no objection to the requested alley closure but is supportive of the DDOT’s objection to the
recordation of the alley closure plat until the Applicant satisfies the conditions in the DDOT report.
II. SITE DESCRIPTION
Applicant: Clear Plains LLC
Legal Description: Square 762, Lots 823, 842, 843
Ward / ANC: Ward 6 / ANC 6B
Zone: MU-26, which permits moderate density mixed use development
Historic District: Capitol Hill Historic District
Description: This stub-end portion of alley feeds into a broader alley system
that serves this square.
Size: The application indicates that the size of the alley to be closed is
about 918 square feet, and about 10 feet wide.
Adjacent Ownership: The adjacent lot is owned by the Heritage Foundation
Proposed Development: The project involves closing a segment of public alley to construct
three-story rear additions on the buildings at lot 842and 843 and a
two-story addition to the building at lot 823. These buildings along
with the adjacent building at lot 839, which is also owned by the
applicant but is not part of the application, would be connected to
create one large building. The new building would be on a new
record lot created from combining lots 842,843,823 and the
adjacent lot 839.
JL

OP Report on Alley Closing Request, S.O. 23-01974, Square 762
June 27, 2023 Page 2 of 6

III. REQUEST

Draft Plat of Proposed Alley Closing
IV. 24 DCMR Chapter 14 Requirements
Public Space and Safety
24 DCMR, Chapter 14, the street and alley closing regulations, requires submission of the following:
…
(d) A listing of all properties (land and buildings) associated with the proposed closing;
Lots 823, 842, and 843 in Square 762
(e) A listing of the name and location of each retail tenant that will be displaced because of the
demolition, substantial rehabilitation, or discontinuance of an existing building that is
associated with the closing;
Currently there are no retail tenants on the property.
24 DCMR § 1400.8 requires the site development plan to include the following so that reviewing
agencies can determine the potential impact of the requested closing:
(a) The Office of the Surveyor's application file number;
S.O. 23-01974

OP Report on Alley Closing Request, S.O. 23-01974, Square 762
June 27, 2023 Page 3 of 6

(b) A key location sketch showing the development in relationship to the square and surrounding
streets, with the streets identified;
Provided.
(c) Footprint or outline of each building of the proposed development;
Provided.
(d) The street names;
Provided.
(e) The alley or street or portion thereof proposed to be closed; and the location and dimensions of
any dedication or easement proposed, along with a clear statement of the purposes for the
easement;
No easement is proposed. The location of the alley portion proposed for closure is shown.
(f) The approximate gross floor areas intended for various uses such as retail, office, residential,
industrial, and commercial;
Provided.
(g) The points of ingress and egress that vehicles will use for parking or loading purposes;
No parking or loading is required in this case because the proposed addition would be less than
50% of the historic buildings’ existing gross floor area, (Subtitle C§ 704).
(h) The location of off-street parking spaces and their number and size;
The site would retain some access to the remaining alley system, However, the applicant advised
OP that no off-street parking is required in this case because the proposed additions would be
less than 50% of the historic buildings’ existing gross floor area, (Subtitle C§ 704).
(i) The location and size of loading and unloading facilities such as berths, docks, and platforms;
(j) Tracking diagram for the maximum size trucks intended to use the loading and unloading
facilities;
The applicant advised OP that no loading is required in this case because the proposed additions
would be less than 50% of the historic buildings’ existing gross floor area, (Subtitle C§ 704).
(k) Elevation views for each side of any building proposed for the site; and
The submitted renderings provide a sufficient view of the proposed building additions.
(l) A profile drawing of the easement to clearly show the proposed surface grade of the easement
and the ceiling level of any building to be constructed over the easement.
No easement is proposed.
V. OP ANALYSIS
Planning and Urban Design
The Director of the Office of Planning is required to “determine whether the proposed closing is in
compliance with the District’s planning and urban design objectives”, as per 24 DCMR 1401.2(c).
The site is within an area designated on the Comprehensive Plan Future Land Use for Low Density
Commercial development, and on the Generalized Policy Map as a Main Street Mixed Use Corridor
OP Report on Alley Closing Request, S.O. 23-01974, Square 762
June 27, 2023 Page 4 of 6

Area. The proposal is not inconsistent with these designations. It is also in general compliance with the
text of the Comprehensive Plan (10 DCMR), including when viewed through a racial equity lens.
Land Use Element
Policy LU-1.2.1: Sustaining a Strong District Center
Provide for the continued vitality of Central Washington as a thriving business, government, retail,
financial, hospitality, cultural, and residential center. Promote continued reinvestment in central
District buildings, infrastructure, and public spaces; continued preservation and restoration of historic
resources; and continued efforts to create safe, attractive, and pedestrian-friendly environments, while
minimizing displacement of residents and community-focused businesses. 305.6
The proposed alley closing would help preserve the historic buildings on the site by allowing them to be
expanded in the rear and connected. The new building would contribute to the pedestrian-friendliness
of the area by having ground floor retail and by being close to the Capitol South Metrorail station.
Policy LU-1.4.2 Development Around Metrorail Stations
In developments above and around Metrorail stations emphasize land uses and building forms that
minimize the need for automobile use and maximize transit ridership while reflecting the design capacity
of each station and respecting the character and needs of the surrounding areas. 307.10
The site is approximately 0.3 miles from the Capitol South Metrorail station so its location should
minimize the need for automobile use to the site. Plans for the building include ground floor retail
space, event space, and office space. These uses could maximize transit ridership to the area.
Policy LU-1.4.5: Development Along Corridors
Encourage growth and development along major corridors, particularly priority transit and multimodal
corridors. Plan and design development adjacent to Metrorail stations and corridors to respect the
character, scale, and integrity of adjacent neighborhoods, including appropriate transitions and buffers,
while balancing against the District’s broader need for housing. 307.14
The proposed alley closure would allow for the expansion and reuse of historic buildings on a site that is
in the Pennsylvania Ave. Priority Corridor. The proposed additions would be in the rear and not visible
from the street so they should not have a significant impact on the character and scale of the
neighborhood along Pennsylvania Ave. NW.
Policy LU-2.2.7: Alley Use
Discourage the conversion of alleys into private yards or developable land when the alleys are part of
the historic fabric of the neighborhood and would otherwise continue to perform their intended
functions, such as access to rear garages and service areas for trash collection. ….311.8
The proposed alley closure would convert a segment of the alley into developable land, but it should not
impact the functioning of the alley system in this square. The alley segment currently connects lots 843
and 842 to the public alley system but when the lots and buildings on the subject site are combined, this
alley segment would no longer be needed. The new building would have direct access to the 20-ft wide
public alley system so the alley segment would no longer be necessary. Closing the segment should not
impact the main alley system or the services operating in it.
Economic Development Element
Policy ED-3.2.6: Commercial Displacement
Avoid displacement of small, minority, and local businesses due to rising real estate costs. Develop
programs to offset the impacts of rising operating expenses on small businesses in areas of rapidly
OP Report on Alley Closing Request, S.O. 23-01974, Square 762
June 27, 2023 Page 5 of 6

rising rents and prices. Also consider enhanced technical support that helps long-standing businesses
grow their revenues and thrive in the strengthening retail economy. 714.11
Previously, Capitol Lounge was located on this site but it closed in 2020. According to the applicant,
there are currently no businesses operating on the property.
Urban Design Element
The critical urban design issues facing Washington, DC are addressed in this element. These include:
• Affirming civic identity through a focus on the historic intention of the District’s design;
• Strengthening neighborhood quality of life while accommodating growth and change;
• Providing compatible infill development and appropriate transitions between varying uses and
densities;
• Supporting a vibrant urban life that enhances the accessibility, performance, and beauty of
public streets and spaces; and
• Realizing design excellence and innovation in architecture, infrastructure, and public spaces to
elevate the human experience of the built environment. 900.2
The overarching goal for urban design in the District is to enhance the beauty, equity, and livability of
Washington, DC by reinforcing its historic design legacy and the identity of its neighborhoods and
centers, harmoniously integrating new construction with existing buildings and the natural environment,
and improving the vitality, appearance, and function of streets and public spaces. 901.1
The proposed alley closure would allow for the historic buildings on the site to be adaptively reused.
The buildings would be expanded in the rear and connected with the adjacent building on lot 839 to
become one large commercial building. This would make them better able to accommodate growth and
change while maintaining their existing historic appearance on Pennsylvania Avenue. Consequently, the
redevelopment of these building should not impact the historic design legacy and identity of this
neighborhood.
Policy UD-1.1.2: Reinforcing L’Enfant’s 1791 Plan for the City of Washington and Olmsted
Highway Plans
Preserve and reinforce the Plan of the City of Washington, and Olmsted Highway plans to maintain the
District’s unique and historic character, such as the grand avenues and connections to nature. This
policy should be achieved through a variety of urban design measures, including restoration of
previously closed streets, appropriate building placement, view preservation, enhancement of L’Enfant
Plan reservations (green spaces), limits on street and alley closings and the siting of new monuments
and memorials in locations of visual prominence. Restore obstructed view corridors and vistas, where
contributing to a historic resource where possible. 903.10
The proposed closure is in the L’Enfant 1791 plan area but since the request is for an alley and not a
street it is not subject to the Historic Preservation review. Historic Preservation staff is working with the
applicant on the design of the additions to ensure that the additions are compatible with the Capitol Hill
Historic District.
Central Washington Area Element
Policy CW-1.1.21: Downtown Street and Block Pattern
Maintain a fine-grained pattern of downtown blocks, streets, and alleys, with intersections and frontages
that encourage pedestrian movement and reduce the potential for immense variations in scale and
OP Report on Alley Closing Request, S.O. 23-01974, Square 762
June 27, 2023 Page 6 of 6

fortress like office buildings. Preserve and encourage activation of historic alleys like Blagden, Naylor,
and Prather’s. 1608.22
The subject alley is within the Central Washington planning area but is not considered a historic alley.
Closing this portion of the alley should not impact the pattern of development along this alley system or
the pedestrian improvement in this area.
As such, the proposal would, on balance, not be inconsistent with the Comprehensive Plan, including
when viewed through a racial equity lens. There are no businesses or residents currently on the site so
closing the alley to expand the buildings would not displace any existing businesses. The closure would
increase the amount of commercial space on the site, which provide amenity to the neighborhood
residents and transit-accessible jobs to the area.
VI. Housing Linkage
IM-3.4 Commercial Linkage 2514
The housing linkage objective requires applicants who obtain an increase of nonresidential square
footage -- as a result of providing habitable non-residential penthouse space, of obtaining a discretionary
street or alley closing, or of obtaining a discretionary zoning density increase --to produce housing or
contribute funds to the HPTF. The amount based on a formula tied to the amount or value of the additional
square footage obtained. 2514.1
The application indicates that, although there will be additions to existing buildings facilitated by this
alley closing and the new building would be put to non -residential uses, the proposed project does not
utilize the density from the closed portion of the alley. Should the D ept. of Building concur with this
assessment at the time of permit application, the applicant would not be required to produce housing or
contribute to the Housing Production Trust fund. If the project now or in the future utilizes the density
from the closed alley, it will be subject to the housing linkage requirement.
VII. CONCLUSION
The information provided by the applicant is adequate to meet the requirements of 14 DCMR § 1400.8,
for a project at this stage of its design development, subject to DDOT concurrence.
GOVERNMENT OF THE DISTRICT OF COLUMBIA
Department of Public Works
Solid Waste Management Administration
MEMORANDUM
To: Diana Dorsey
Acting Chief Building Official
From: Reginald L. May
Associate Administrator SWMA, DPW
Subject: SUBJECT: Proposed Closing of a Public Alley in Square 2319-S.O. 22-02364
(Revised)
Date: July 28th, 2023
This project will not cause a negative environmental impact if project developers and owners are
following applicable laws and regulations governing solid waste management during all phases of the
project.
District laws require that the property and the abutting public space be maintained free of litter, dust
management, and debris daily, and that all solid waste be properly containerized and removed at
sufficient frequency by a licensed solid waste Collector.
Should you have any questions you can contact me by email at; reginald.may2@dc.gov. I am available
by telephone on (202-645- 3900).
Joseph Snider
Surveyor, D.C.
Sign or Initial

1100 4 th Street, S.W., Suite E650, Washington, D.C. 20024 Phone: 202 -442 -7600 Fax: 202 -442 -7638

MEMORANDUM

TO: Joseph E. Snider, DC Surveyor

SUBJECT: Proposed Closure of an Alley in Square 762; (S.O. 23-01974)

DATE: April 12, 2023

Thank you for contacting the DC Historic Preservation Office regarding the above-referenced alley
closure. We appreciate the opportunity to review this action. However, § 9-202.02(4) of the D.C.
Code only requires the Mayor to refer applications “to close any street located on the L’Enfant Street
Plan” to the Historic Preservation Review Board. We have no comment on this proposed action
since this closure involves an alley rather than a street.

BY: _______________________________
C. Andrew Lewis
Senior Historic Preservation Specialist
DC State Historic Preservation Office

23-0544

DC Department of Buildings | 1100 4th St SW, Washington, DC 20024 | 202.671.3500 | dob.dc.gov
Office of Construction and Building Standards
Office of the Surveyor

May 12, 2025

MEMORANDUM

TO: Brian Kirrane, Fiscal Analyst
Office of Revenue Analyst
Office of the Chief Financial Officer

FROM: Ramón O. Labrador
Deputy Surveyor, D.C.

SUBJECT: Fiscal Impact Statement for the Closing of a Public Alley in Square 762
S.O. 23-01974

Please provide the Fiscal Impact Statement for the proposed closing of a public alley in Square
762 Attached is a copy of the S.O. file and legislation for this proposal.

Upon completion of the review, please return the Fiscal Impact Statement to the Surveyor’s Office
attention Diana Dorsey Hill, Program Specialist at diana.dorsey@dc.gov. for transmittal to the
Council of the District of Columbia.

Attachments(s)

asHNGTON Government of the Districtof Columbia
DC Fireand Emergency MedicalServicesDepartment
MurielBowser JohnA.Donnelly,Sr.‘Mayor FireandEMSChiat
MEMORANDUM
To: ChristopherCohenHollandandKnight
FROM: _ JonathanA.Davis CO/PLT: —FPD
BFC-AssistantFireMarshal
DATE: May26,2023
SUBJECT: S.O 23-01974 Square 762

Thiswrittencorrespondenceisbeingforwardedtoyourofficetoaddresstheproposedlanddedication,
thatwassubmittedtoDCFEMSOfficeoftheFireMarshalforreview.
Basedonourreview,thefollowingfindingsarebeingbroughtforth:DCFEMSOfficeoftheFireMarshal
hasnoobjectiontothisrequestbeingapproved.However,theapplicantshallensurethatallfire
departmentaccessandservicefeaturesareinaccordancewiththeInternationalFireCode2015edition,
andDCMR 12-HFireCodeSupplement2017edition.
Ifyouhaveanyquestionsorconcerns,pleasedonothesitatetocontactmyofficeat(202)-727-1614.
Sincerely,
JohathanA.Davis
BFC-AssistantFireMarshal
DCFEMS -FirePreventionDivision

FrankD.ReevesMunicipalCenter phone: (202)673-3320
200014thStreet,NW,Suite500 facsimile: (202)482-0807
‘Washington,0C'20009 wonwfersde.gov

PURSUANT TO D.C. LAW , EFFECTIVE
THE ALLEYSHOWN THUS: 77777 |SCLOSED AND TITLEVESTS
AS SHOWN UPON RECORDATION OF THIS PLAT.
OFFICE OF THE SURVEYOR, D.C.
,2023
|CERTIFY THAT THIS PLAT IS CORRECT AND IS RECORDED.
SURVEYOR, D.C.

SURVEYOR'S OFFICE, D.C.
Madefor:_ CHRISCOHEN
Drawnby:B.D.M. Checkedby:a 3)
Recordandcomputationsby: __B.
Recordedat:
RecordedinBook Page SR-23-01974
Scale:1inch= 20feet
2023/ALLEYCLOSING/SR-23-01974-SQ.762
PUBLIC.
PUBLIC ALLEY CLOSED
SQUARE 762
BSC96.20S

PUBLIC ALLEYx8
STREET, S.E.3RD

GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
MEMORANDUM
TO: Mr. Joseph E. Snider.
Surveyor of the District of Columbia
FROM:
DATE:
RE:
SUBJECT:
Anthony G. Lee
Supervisory Construction Analyst
September 5, 2023
Alley closing proposal for a dead-end portion of the existing alley system
in Square 762 (S.O. #23-01974)
Thank you for contacting the DC Departmen t of Housing and Community Development
(DHCD) regarding the requested closure of a dead-end portion of the existing alley system in
Square 762. We thank you for the opportunity to review this proposed action. DHCD has no
objection and takes no exceptions regarding these proposed plat revision and alley closure.
DHCD has reviewed the information provided and has determined that this application
request (the accompanying scope of work and revised plat document) does not impact any of
DHCD's current and existing operations, projects or proposed Project Pipeline.
Department of Housing and Community Development | 1800 Martin Luther King, Jr. Avenue, SE, Washington, DC 20020 | 202.442.7200 | dhcd.dc.gov

Government of the District of Columbia
Department of Transportation

d. Planning and Sustainability Division

District Department of Transportation | 250 M Street SE, Washington, DC 20003 | 202.673.6813 | ddot.dc.gov
MEMORANDUM

TO: Joseph Snider
DC Surveyor
Office of the Surveyor, DOB

FROM: Anna Chamberlin
Associate Director

DATE: June 13, 2023

SUBJECT: S.O. No. 23‐01974 – Alley Closure in Square 762

The District Department of Transportation (DDOT) has reviewed the application materials provided by the Office
of the Surveyor. The purpose of this memorandum is to provide DDOT’s comments on the proposed closure.
OVERVIEW
Clear Plains, LLC and 753, LLC (jointly the “Applicant”) seeks to close a portion of an existing public alley to
facilitate expansion of the adjacent existing historic buildings on four (4) lots into a single building. The alley is
surrounded by Lots 58, 823, 839, 842, and 843 in Square 762. The Applicant is currently pursuing a subdivision to
combine Lots 823, 839, 842, and 843 into a single record lot, and will include the 918 SF of alley to be closed if
this right‐of‐way closure is granted. Lot 839 will be on its own A&T lot owned by 753, LLC and the other lots will
be on a combined A&T lot owned by Clear Plains, LLC, which are both entities of the same owner. The public
alley stub proposed to be closed is 10 feet wide and connects to an existing public alley network to remain. The
proposed closure is shown in Figure 1 below.
DISCUSSION
The single larger building will include office, retail, and event space with a courtyard at the center of the site.
This building will continue to not provide any off‐street parking and trash will continue to be stored on private
property in the designated trash room within the building with collection occurring from the 25‐foot alley
network to remain open. Figure 2 below depicts the proposed development proposal.

S.O. No. 23‐01974 – Alley Closure in Square 762

2

It is noted that no other adjacent lots in Square 762 have access to or will lose access to the alley stub proposed
to be closed. Lots 820 and 840, facing 3rd Street SE, are blocked from access to the alley stub today by Lot 839
and will be in the future by its proposed building addition. Lots 820 and 840 utilize a narrow private walking alley
from 3rd Street where trash is stored and then rolled to the curb for collection. After reviewing the application
materials and evaluating the potential impacts to the transportation network and adjacent property owners’
access, DDOT has determined that there is no longer a transportation need for the 918 SF alley stub proposed to
be closed.
Figure 1 | Draft Alley Closure Plat

Source: Office of the Surveyor

S.O. No. 23‐01974 – Alley Closure in Square 762

3

Figure 2 | Proposed Development Plan

Source: CORE architecture + design, inc., Dated 1/30/23
DDOT ASSETS
DDOT requires the Applicant to compensate the District for the removal of existing DDOT assets in the proposed
alley closure. Figure 3 below provides a detailed breakdown of existing DDOT assets and associated costs, which
totals $7,538.20.

S.O. No. 23‐01974 – Alley Closure in Square 762

4

Figure 3 | DDOT Assets in Existing Alley

Source: DDOT Streetlight Division
RECOMMENDATION
DDOT supports the closure, but objects to the recordation of the alley closure plat until the Applicant satisfies all
the following conditions:
 The Applicant compensates DDOT in the amount of $7,538.20;
 The Applicant demonstrates they have subdivided and combined Lots 823, 839, 842 and 843 into a
single record lot; and
 The Applicant demonstrates they have filed a building permit application with the Department of
Buildings (DOB) for a proposal for a single building like what was presented in Figure 2 of this report.

AC:kb

Page 1 of 2

April 3, 2023

Mr. Joseph Snider, D.C. Surveyor
Department of Consumer and Regulatory Affairs
Office of the Surveyor
1100 4th Street, S.W., 3rd Floor
Washington, DC 20024

Subject: Street/Alley Closing Application S.O. 23-01974

Dear Mr. Snider:

The District of Columbia Water and Sewer Authority (DC Water) is in receipt of the application
and plat(s) you forwarded to us for comments on April 3, 2023 regarding S.O. 23-01974. DC Water
currently operates or maintains the following facil ities located within the proposed stre et/alley closing
area:

1. Existing Vitrified Clay Pipe Sewer located in the alley.

These facilities must be maintained to provide water and/or se wer services for the public good.
Therefore, DC Water objects to the proposed street/alley closings requested in S.O. 23-01974 unless the
Applicant executes and records an easement that a llows for the continued operation and maintenance of
these facilities. DC Water requires the applicant to execute an eas ement, as provided in the attachment,
with no restrictions at, on, below or above the grade of the surface of the ground to a minimum height of
twenty-five (25) feet, and be contiguous with the existing right of way.

Page 2 of 2

Please have the applicant contact me to resolve the objection at their convenience. I can be reached
at the contact information listed below.

Regards,

Kevin Harney
Easement and Covenant Coordinator
District of Columbia Water and Sewer Authority
1100 4th Street, SW Suite #310
Washington, DC 20024
202-646-8627 Office
202-646-8628 Fax
kevin.harney@dcwater.com
DC Water - Water is Life!

Page 1 of 9
Prepared by and Return to:

DC Water and Sewer Authority
1100 4th Street, SW # 310
Washington, DC 20024
S.O. 16-00000

EASEMENT AGREEMENT

THIS EASEMENT AGREEMENT (“Agreement”) made this 3rd day of January,
2016 between JOHN DOE or ABC, LLC, herein called “Grantor,” and the DISTRICT
OF COLUMBIA WATER AND SEWER AUTHORITY , an independent authority of
the District of Columbia, herein called “Authority”.

RECITALS

WHEREAS, Grantor owns that certain real property located in the District of
Columbia and described and shown in the attached Exhibit A (the “Subject Property”);
and

WHERES, Grantor has requested , in an application made to the District of
Columbia Office of the Surveyor, file d as S.O. 16-00000, dated January 1, 2016 (the
“Grantor’s Application”), that the District of Columbia legally close certain street (s)
and/or alley (s) as described and shown in the attached Exhibit A (the “ Surveyor’s
Plat”); and

WHEREAS, pursuant to the Water and Sewer Authority Establishment and
Department of Public Works Reorganization Act of 1996 , effective April 18, 1996, as
amended, (D.C. Law 11 -111, D.C. Official Code §§ 34 -2202.01 et seq.) Author ity is
responsible for the planning, designing, constructin g, operating, maintaining regulating,
financing, repairing, modernizing, and improving the District Improvements for the water
distribution and sewage collection, treatment and disposal systems and services within
the District of Columbia; and

WHEREAS, Au thority, by letter dated January 2, 2016 to the District of
Columbia Office of the Surveyor, has issued its objection to the closing of street(s) and/or
alley(s) closing proposed in S.O. 16-00000 due to the presence of the following facilities:
List of Facilities Here , which is/are located in the area described and shown in the
attached Exhibit A (the “Easement Area”), and whose operation must be maintained for
the public good; and

WHEREAS, as a condition to close said streets and or alle ys, Grantor has agreed
to execute an easement in the form as set forth in this Agreement; and

Page 2 of 9
WHEREAS, the Authority and Grantor mutually acknowledge and agree that the
terms of this Agreement are intended to run with and bind the Subject Property from the
point in time that the District of Columbia Office of the Surveyor records the plat filed in
S.O. 16-00000 to close the alley and vest title to the land in Grantor; and

NOW THEREFORE, in consideration of the benefit to Grantor, and other good
and valuable consideration, the sufficiency of which is hereby acknowledged by Grantor
and Authority, Grantor, on behalf of itself and successive owners of Subject Property,
and Authority hereby agree as follows:

1. Grant of Easement . Grantor hereby grants unto Authority and its
successors and assigns, a n easement (“ Easement”) with the right of pedestrian and
vehicular ingress and egress in, on, under, over to a minimum height of twenty -five feet
(25 Ft.) above finished grade , and across the full width and length of alley area as
described and shown in the attached Exhibit A (the “Easement Area”). Grantor grants
unto Authority the right to install, construct , reconstruct, alter, maintain, repair, enlarge,
relocate and inspect all Facilities, including but not limited to, pipes, manholes, and other
appurtenances the Authority deems appropriate, now or in the future, to and/or for water
service and sanitary, combined , and storm sewer service together with their related
facilities for the water distribution and sewage collection, treatment, and disposal systems
(individually and collectively, the “Facilities”).

2. Facilities Owne rship and Maintenance. Title to a ll Facilities in the
Easement Area shall remain vested in the District of Columbia and under the operational
jurisdiction and control of Authority . Authority shall make any repairs or replacements
to the Facilities it deem s necessary for their proper upkeep and maintenance. Following
any work by Authority that disturbs the surface of the Easement Area, Authority shall
restore the surface, including ordinary lawns , standard walks, roadways, driveways and
parking lot surfacin g, to the condition in which it existed prior to Authority’s work;
provided, however, Authority will in no case be responsible for replacing or paying for
the repair or replacement of any structure, tree or other surface feature violative of this
Agreement, specifically including paragraph 4 below.

3. Access to Subject Property . During the course of any work permitted
hereunder and during any periodic inspection and maintenance of the Facilities or the
Easement Area, Authority shall be permitted to access the Easement Area with persons,
vehicles and any other equipment it deems necessary. In addition to the foregoing,
Authority, and its respective agents and employees, shall have the right to use land of the
Grantor adjoining the Easement Area to the extent reasonably necessary to facilitate
replacement, alteration, maintenance , inspection, operation and any necessary repairs;
provided, however, that this right to use adjoining land shall be exercised only during
periods of actual replacement, alteration, maintenance, inspection, operation or repair,
and then only to the minimum extent necessary for such work; and further, this right to
use adjoining land shall not be construed to allow the Authority to erect any building,
structure or facilities of a permanent nature on Subject Property.

Page 3 of 9
4. Interference with Use . Grantor shall us e and operate the Easement Area
so that there is no unreasonable interference with Authority’s use and operation of the
Facilities and the Easement Area. Grantor shall not erect any buildings, walls or other
structures in the Easement Area either above or below grade that impair the Authority’s
ability to excavate and repair the Facilities, and shall not plant or allow any trees being
planted or grown thereon. In addition, Grantor is specifically prohibited from
constructing or placing in the Easement Are a any structure, container, surface or
subsurface feature (including , without limitation, swimming pools, ponds and detention
basins) for the storage or containment of any liquids including, without limitation, water,
heating oil, gasoline, diesel fuel, an d liquefied natural gas. However, non -structural
fences, walks, pavement for driveways and parking lot surfacing may be constructed or
placed within the Easement Area. Authority shall have the right at all times to cut or
remove any trees or structures or other obstructions in the Easement Area at Grantor’s
expense. Further, Grantor shall not cause or permit a change of grade of the Easement
Area resulting in an increase or decrease in the grade by more than twelve inches (12”).
Grantor may allow other ut ility providers to install conduit, cable or pipes in the
Easement Area provided such installed materials cross the Facilities at an angle of not
less than forty -five (45) degrees. Grantor reserves the right to continue to use the land
within the Easement Area for any use and purposes which shall not violate in any way the
preceding restrictions and which shall not interfere with the use thereof by Authority in
fulfilling the purposes for which this Easement is granted.

5. Interference with Facilities. Grant or agrees and covenants to and with
Authority that any building or other structure (whether one or more, “ Structure”)
constructed and erected, or caused to be constructed and erected, by Grantor on the
Subject Property shall, in addition to complying with all requirements of applicable laws
and regulations, be so constructed that no structural load shall rest upon, or be transmitted
either directly or indirectly to, the Facilities and that no part of any Structure, or of the
foundations thereof, shall be installed within 5 feet, vertically or horizontally, of said
Facilities.

6. Damage from Construction of Structure. Grantor covenants that it shall
and will conduct, or cause to be conducted, the work of construction or erection of any
Structure in such manner that no harm or damage will be done or result to the Facilities,
and Grantor does further covenant to pay to Au thority, promptly and without demand by
Authority, the total and entire cost to Authority of any repairs, or other work directly
related to such repairs, of the Facilities resulting from the construction or existence of the
Structure.

7. Relocation and Termination.

(a) Authority may permit Grantor to replace, relocate, modify or remove all,
or portions of, the Facilities (such replacement, relocation, modification or removal of
Facilities being referred to herein as the "Facilities Changes") subject to the following
conditions:

Page 4 of 9
(1) Grantor shall have submitted a District of Columbia Department of
Consumer and Regulatory Affairs Permit Application and plans for the Facility Changes,
including a schedule for installation, that comply with the District of Columbia
Construction Codes Supplement, as amended, and Authority’s design and specification
requirements;

(2) Authority shall have approved the plans for the Facilities Changes
(the “ Approved Plans ”), provided that Authority’s approval may not be unreasonably
withheld;
(3) The construction and installation of the Facilities Changes shall be
at Grantor's sole cost and expense; and

(4) The Facilities Changes will not adversely affect the sewer and
water services for the property(ies) served by the Facilities.

(b) As and when the Facilities Changes are completed in accordance with the
Approved Plans, have been inspected, and accepted by Authority, and are operational,
Authority agrees to execute a document, in recordable form, releasing this Agreement for
any portion of the Facilities that will be removed from service and for which Authority
shall have no obligation to operate or maintain. Authority shall have no responsibility
for the costs of recordation. This Agreement, however, shall remain in effect with regar d
to all other Facilities; provided, however, this Agreement including exhibits shall be
modified to reflect the revised location of the Easement Area and of the Facilities.

8. Miscellaneous.

(a) Counterparts. This Agreement may be executed in multiple counterparts
each of which shall constitute an original and all of which together shall constitute one
and the same instrument.

(b) Governing Law; Jurisdiction. This Agreement shall be governed by the
laws of the District of Columbi a without reference to choice of laws principles thereof.
The parties hereto accept the jurisdiction of the Superior Court of the District of
Columbia as the court of competent jurisdiction to resolve matters under this Agreement.

(c) Binding Effect. The parties agree that the terms and conditions of this
Agreement shall ( i) be binding upon, and shall inure to the benefit of, their respective
heirs, legal representatives, successors and assigns, and ( ii) run with the land and be
binding upon and inure to the benefit of all parties owning or having any interest in the
Subject Property.

Page 5 of 9
(d) Written Modifications. No change or modification of this Agreement
shall be valid unless the same is in writing, signe d by the parties hereto and recorded in
the land records. No purported or alleged waiver of any of the provisions of this
Agreement shall be valid or effective unless in writing signed by the party against whom
it is sought to be enforced.

(e) Further Action s. The parties hereto shall at any time and from time to
time after the execution of this Agreement, upon request of any party, do, execute,
acknowledge and deliver, or will cause to be done, executed, acknowledged or delivered,
all such further acts, deeds, conveyances and assurances as reasonably may be required to
effectuate the purposes of this Agreement.

(f) Severability of Provisions. In the event that one or more of the provisions
of this Agreement shall be held to be illegal, invalid or unenforceabl e, each such
provision shall be deemed severable and the remaining provisions of this Agreement shall
continue in full force and effect.

(g) Covenants. By executing this Agreement, each of the parties represents
that: (i) it is authorized to enter into, ex ecute and deliver this Agreement and to perform
its obligations hereunder; (ii) this Agreement is effective and enforceable against such
party in accordance with its terms; (iii) the person signing on such party's behalf is duly
authorized to execute this Agreement; and (iv) no other signatures or approvals are
necessary in order to make all of the representations of such party contained in this
paragraph true and correct.

(h) Incorporation of Recitals and Exhibits. The Recitals and Exhibits are
hereby incorporated herein and made a part of this Agreement by reference.

(i) Indemnification. In connection with the construction by Grantor of any
structure or building abutting or encroaching upon the Easement Area, Grantor will
assume all liability for any damage to the Facilities. Grantor shall indemnify, hold
harmless, protect and defend Authority and its officers, directors, employees and agents
against and from all losses, damages, liabilities, suits, claims, demands, expenses
(including, without limitation, attorneys’ fees), judgments, interest and costs incurred or
suffered by Authority or its officers, directors, employees and agents that arise either as a
result of Grantor’s negligence or as a result of Authority’s use of or entry in the Easement
Area including the installation, operation, maintenance and replacement of all or any
portion of the Facilities. GRANTOR SPECIFICALLY INDEMNIFIES AUTHORITY
FOR AUTHORITY’S OWN SIMPLE NEGLIGENCE.

Page 6 of 9
(j) Remedies. If either party shall fail to comply with the terms and
conditions contained herein, the non -defaulting party may seek specific performance o f
such term and conditions and any direct damages resulting from breach thereof, in
addition to any other rights or remedies available to the non -defaulting party at law or in
equity, but in no event may either Grantor or Authority seek punitive or consequ ential
damages that may arise as a result of a failure to comply with the terms and conditions of
this Agreement.

(k) Anti-Deficiency Acts. The obligations of Authority to fulfill financial
obligations, if any, pursuant to this Agreement, or any subsequent agreement entered into
pursuant to this Agreement or referenced herein (to which Authority is a party), are and
shall remain subject to the provisions of (i) the federal Anti -Deficiency Act, 31 U.S.C.
§§ 1341, 1342, 1349-1351 1511-1519; (ii) the D.C. Official Code §§ 1-206.03(e) and 47-
105; (iii) the District of Columbia Anti -Deficiency Act, D.C. Official Code §§ 47-355.01
– 355.08; and (iv) the Section 446 of the District of Columbia Home Rule Act, D.C.
Official Code § 1 -204.46 (collectively, (i), (ii), (i ii) and (iv), as amended from time to
time, the “Anti-Deficiency Acts”). Pursuant to the Anti-Deficiency Acts, nothing in this
Agreement shall create an obligation of Authority in anticipation of an appropriation by
Congress for such purpose, and Authorit y’s legal liability for the payment of any charges
under this Agreement shall not arise or obtain in advance of the lawful availability of
appropriated funds for the applicable fiscal year as approved by Congress.

[SIGNATURE PAGES FOLLOW]

Page 7 of 9
IN WITNESS WHE REOF Authority, acting through its General Manager and
CEO, has caused this instrument to be executed as of the day and year written first above.

DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY

By: ______________________
Name: George S. Hawkins
Title: General Manager and CEO

DISTRICT OF COLUMBIA:

I, ________________________________, a Notary Public in and for the aforesaid
jurisdiction do hereby certify that George S. Hawkins , as General Manager and CEO
representing the District of Columbia Water and Sewer Authority, party to the foregoing
Easement Agreement bearing the date of the 3rd day of January, 2016, personally
appeared before me in said jurisdiction, the said George S. Hawkins being personally
well known to me as the person who executed said Easement Agreement and
acknowledged the same to be the act and deed of the District of Columbia Water and
Sewer Authority.

Given under my hand and seal this ________ day of ____________, 2016.

_______________________________________
NOTARY PUBLIC

My Commission Expires ___________________

Page 8 of 9
IN WITNESS WHEREOF, Grantor , has caused this instrument to be executed as
of the day and year written first above.

JOHN DOE

By:
Name: John Doe
Title: Owner

STATE OF: ___________________________ )
) ss:
COUNTY OF: ___________________________ )

I, ________________________________, a Notary Public in and for the aforesaid
jurisdiction do hereby certify that John Doe, as Owner representing John Doe, party to
the foregoing Easement Agreement bearing the date of the 3rd day of January, 2016,
personally appeared before me in said jurisdiction, the said John Doe being personally
well known to me as the person who executed said Easement Agreement and
acknowledged the same to be his or her act and deed and the act and deed of John Doe.

Given under my hand and seal this ________ day of ____________, 2016.

_______________________________________
NOTARY PUBLIC

My Commission Expires ___________________

Page 9 of 9
IN WITNESS WHEREOF, Grantor , acting through its President, has caused this
instrument to be executed as of the day and year written first above.

ABC, LLC

By:
Name: ABC, LLC
Title: President

STATE OF: ___________________________ )
) ss:
COUNTY OF: ___________________________ )

I, ________________________________, a Notary Public in and for the afore said
jurisdiction do hereby certify that Jane Smith, as President representing ABC, LLC, party
to the foregoing Easement Agreement bearing the date of the 3rd day of January, 2016,
personally appeared before me in said jurisdiction, the said Jane Smith being personally
well known to me as the person who executed said Easemen t Agreement and
acknowledged the same to be his or her act and deed and the act and deed of ABC, LLC.

Given under my hand and seal this ________ day of ____________, 2016.

_______________________________________
NOTARY PUBLIC

My Commission Expires ___________________

GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of the Chief Financial Officer
Office of Tax and Revenue

1101 4th Street, S.W.▪ Suite W550▪ Washington, D.C. 20024 ▪ 202.442.6760 ▪MyTax.dc.gov

MEMORANDUM

To: Kathleen A Beeton
Zoning Administrator

From: Eugene Clindinin, Supervisory Appraiser
OTR/RPTA/RPAD

Date: November 21, 2025

Subject: Most probable assessed value for S.O. 23-01974 Public Alley Closed in Square 762.

Reference: S.O. 23-01974 Public Alley Closed in Square 762.

Pursuant to the request received November 13, 2025, we have derived the most probable estimate
of value for the above-referenced tract of land.

The most probable estimate of value as of January 1, 2025, which represents tax year 2026, for the
Public Alley Closed in Square 762 is $265,120. The rounded estimate is explained as follows.

 $265,120 (918 S.F. X $288.80 estimated square foot) for the Public Alley Closed.

The rounded probable estimate addresses lot amenities and is based on the lot 0060 of Square
2068. Lot 0060 formally lots 0823, 0839, 0842, & 0843.

If you have any questions, please contact me at eugene.clindinin@dc.gov

Office of Construction and Building Standards
Office of the Surveyor

APPLICATION TO CLOSE/DEDICATE A STREET OR ALLEY OR
ELIMINATION OF A BUILDING RESTRICTION LINE

Street: Alley:

Name:
Abutting Squares:
Portion to be closed/dedicated:

Per Sketch Attached, This Application is Made By:

Applicant's Name:

Phone Number:

Email Address:

I certify that the above information is true to the best of my
knowledge.

Signature of Applicant or Agent:

TO REPORT WASTE, FRAUD OR ABUSE BY ANY DC GOVERNMENT OFFICE OR
OFFICIAL, CALL THE INSPECTOR GENERAL AT 1-800-521-1639
Closing NE portion of existing alley system in Square 762
762
Clear Plains LLC
771-200-7220
christopher.cohen@hklaw.com
Abutting Lots 842, 843, and 823
✔

Office of Construction and Building Standards
Office of the Surveyor
Retail Tenant Displacement Form

Note: The following information is required relative to provisions of DC Law
6-133 (DC Act 6-171).

An application for the proposed closing/dedication of the following street(s)
or alley(s), the undersigned, being the applicant or the agent for the
applicant, hereby makes the following representations as complete and
true:

All properties associated with the proposed closing/dedication are
listed as follows:

Square No.:

Lot Number:

The proposed closing/dedication will □or will not □result in displacement of
existing retail tenants because of the demolition, substantial rehabilitation, or
discontinuance of an existing building.

Name of Displaced:

Address:

Square/Lot:

Date:

Signer’s Name:

Signature of Applicant:

Note: This form must be completed, signed, and submitted with the
application.

762
842, 843, 823
N/A
N/A
N/A
1/30/2023
Christopher S. Cohen

CORE architecture + design, inc.
1010 wisconsin ave nw, suite 405
washington, dc 20007
202.466.6116 coredc.com @coredc
10.21.22
Square 0762
CONSERVATIVE PARTNERSHIP
©CORE architecture + design, inc.
Square 0762 | 229, 231, 233, 203 Rear | Existing Conditions
CORE architecture + design, inc.
1010 wisconsin ave nw, suite 405
washington, dc 20007
202.466.6116 coredc.com @coredc
21046.33
Existing Conditions
Conservative Partnership Institute
Rydin Block
©2022 CORE architecture + design, inc.
Project Number
Printed 9/20/22
Z.SD.1
Existing Bay Projections
SQUARE 0762
10'
Fence
Awning over
Concrete Patio
0843 0842 0839
0823
3 Stories + Cellar
1 Story
Addition
4 Stories + Cellar
1 Story
PENNSYLVANIA AVENUE SE
3rd STREET SE
1 Story
229 PA AVE SE
203 Rear 3rd St ST SE
231 PA AVE SE 233 PA AVE SE
CORE architecture + design, inc.
1010 wisconsin ave nw, suite 405
washington, dc 20007
202.466.6116 coredc.com @coredc 1
01.30.2023
Square 0762
CONSERVATIVE PARTNERSHIP
©CORE architecture + design, inc.
Square 0762
229/231 Pennsylvania Ave SE
Square 0762 Lot 0842/0843
Approximate Lot Size - 3,134 SF
Zoned Mixed-Use (MU-26)

233 Pennsylvania Ave SE
Square 0762 Lot 0839
Approximate Lot Size - 2,500 SF
Zoned Mixed-Use (MU-26)
203 Rear 3rd St SE
Square 0762 Lot 0823
Approximate Lot Size - 2,371 SF
Zoned Mixed-Use (MU-26)
814 sq ft
84'-1
1"
MU-24
Pennsylvania Ave SE
Independence Ave SECapitol - 1 Block
C st SEC st SE
1” = 50’-0” SCALE AND NORTH ARROW
2nd St SE 2nd St SE
3rd St SE 3rd St SE
4th St SE 4th St SE
Proposed
Subdivision
Existing Alley
CORE architecture + design, inc.
1010 wisconsin ave nw, suite 405
washington, dc 20007
202.466.6116 coredc.com @coredc
21046.33
Basement/Cellar
Conservative Partnership Institute
Rydin Block
©2022 CORE architecture + design, inc.
Project Number
Printed 10/20/22
.02
UP
UP
DN
UP
DN
-6'-9 1/2" (76.71')
-9'-0" (74.5')
UP
UP
UP
Beer Cooler
Capitol Lounge
Flex Space
CPI Storage/Office
Kitchen Storage
Kitchen Prep
Restrooms
Capitol Lounge Office
PENNSYL
VANIA A
VENUE SE
3rd STREET SE
N
Three Story Addition at Rear of 229
Pennsylvania Ave SE
Three Story Addition at Rear of 231
Pennsylvania Ave SE, Replaces
current One Story Addition.
Three Story Addition at Rear of 233
Pennsylvania Ave SE
Code Modification being Sought to Allow
Additional Egress from 203 to Addition
N|S SECTION
E|W SECTION
SCALE: 1/16" = 1'-0"
New Addition
N.I.C
N.I.C
CORE architecture + design, inc.
1010 wisconsin ave nw, suite 405
washington, dc 20007
202.466.6116 coredc.com @coredc 2
01.30.2023
Square 0762
CONSERVATIVE PARTNERSHIP
©CORE architecture + design, inc.
CORE architecture + design, inc.
1010 wisconsin ave nw, suite 405
washington, dc 20007
202.466.6116 coredc.com @coredc
21046.33
Proposed Subdivision - Alley Closed
Conservative Partnership Institute
Rydin Block
©2022 CORE architecture + design, inc.
Project Number
Printed 1/27/23
Z.SD.2
0" (85.29')
New Bay Projection
SQUARE 0762
Existing Bay Projections
3 Stories + Cellar 4 Stories + Cellar
ADDITION:
3 Stories + Cellar
ADDITION:
3 Stories + Cellar
ADDITION:
3 Stories + Cellar +
Rooftop
ADDITION:
Second Story on
top of Existing
First Level
PENNSYL
VANIA A
VENUE SE
3rd STREET SE
N Properties Included in Application
Adjacent Properties
Legend
Square 0762
CORE architecture + design, inc.
1010 wisconsin ave nw, suite 405
washington, dc 20007
202.466.6116 coredc.com @coredc 3
01.30.2023
Square 0762
CONSERVATIVE PARTNERSHIP
©CORE architecture + design, inc.
CORE architecture + design, inc.
1010 wisconsin ave nw, suite 405
washington, dc 20007
202.466.6116 coredc.com @coredc
21046.33
Existing Conditions
Conservative Partnership Institute
Rydin Block
©2022 CORE architecture + design, inc.
Project Number
Printed 1/27/23
Z.SD.1
52'-0"
15'-4 1/4"
0" (85.29')
SQUARE 0762
ELEV: 85.11'
ELEV: 84.42'ROOF ELEV:
117.5'
ROOF ELEV:
117.5'
ROOF ELEV:
120.04'
10'
Fence
Awning over
Concrete Patio
Existing Bay Projections
Existing Alley
shown in Blue
0843 0842 0839
0823
3 Stories + Cellar
1 Story
Addition
4 Stories + Cellar
1 Story
PENNSYL
VANIA A
VENUE SE
3rd STREET SE
1 Story
N
Property Existing Lot Area Allowable FAR Existing GFA/FAR Proposed GFA
Included with Application
LOT 0843 -
229 Pennsylvania Ave SE 1,477 SF 3,692.5 SF 3,368 SF 4,464 SF
LOT 0842 -
231 Pennsylvania Ave SE 1,692 SF 4,230 SF 4,209 SF 4,440 SF
LOT 0823 -
203 3rd Street SE Rear 2,358 SF 5,895 SF 1,564 SF 3,128 SF
Adjacent Property
LOT 0839 -
233 Pennsylvania Ave SE 2,326 SF 5,815 SF 6,545 SF 7,600 SF
Total for Subdivision 7,853 SF 19,632.5 SF 15,686 SF 19,632 SF
Alley approx.1,000 SF approx. 2,500 SF 0 SF 0 SF
Total with Alley 8,853 SF 22,132.5 SF 15,686 SF 19,632 SF
Square 0762
CORE architecture + design, inc.
1010 wisconsin ave nw, suite 405
washington, dc 20007
202.466.6116 coredc.com @coredc 4
01.30.2023
Square 0762
CONSERVATIVE PARTNERSHIP
©CORE architecture + design, inc.
Square 0762 | 203 Rear 3rd St and Alley Conditions

CORE architecture + design, inc.
1010 wisconsin ave nw, suite 405
washington, dc 20007
202.466.6116 coredc.com @coredc 5
01.30.2023
Square 0762
CONSERVATIVE PARTNERSHIP
©CORE architecture + design, inc.
Square 0762 | Building AdditionsCORE architecture + design, inc.
1010 wisconsin ave nw, suite 405
washington, dc 20007
202.466.6116 coredc.com @coredc
21046.33
Courtyard Birdseye Perspective
Conservative Partnership Institute
Rydin Block
©2022 CORE architecture + design, inc.
Project Number
Printed 9/15/22
.14

CORE architecture + design, inc.
1010 wisconsin ave nw, suite 405
washington, dc 20007
202.466.6116 coredc.com @coredc 6
01.30.2023
Square 0762
CONSERVATIVE PARTNERSHIP
©CORE architecture + design, inc.
CORE architecture + design, inc.
1010 wisconsin ave nw, suite 405
washington, dc 20007
202.466.6116 coredc.com @coredc
21046.33
Pennslyvania Ave SE
Conservative Partnership Institute
Rydin Block
©2022 CORE architecture + design, inc.
Project Number
Printed 9/15/22
.10
Square 0762 | 229, 231, 233 Pennsylvania Ave SE Exterior Improvements
at Street Face

7 RemittanceSourceDocumentDGB DepartmentofBuildingsama OfficeofSurveyoree 1100athStrootSW FFICE0 , ¥WashingtonDC 20024 I “ JFWO: uTel,(202)442-4566 e : 1/31/2023
se buc“ant
Date:January30,2023 SURVEYOR INVOICE <: ‘ ss InvoiceNumber:4254703

Customer: ChrisCohen Book: Page:
Primary07620842MailingAddress:
AssociatedLots
Email:Christophor.cohon@hklaw.ComTelephoneNo.:_7742007220
NnofWork:Closingofthenortheastportionofan existingalleysysteminSquare762,Lots842,843and823,

Lot

Request: SR23-S0-01974
TypeofPermit:CustomerRequest

AcctCode: Fees: Description:
‘cu0-1010001-200161.20225-6211037-2025$250.00EnhancedServiceFee-SurveyorRequest
‘©uo-10r0001-s00%81-30225.6211037-2023$2,600.00StreetandAlleyClosingInitialApplication(EnterQtytoCalculate)|
InvoiceTotal: ‘$2,750.00
(CreatedBy.DianaHil
PleasereturnonecopyofthispaidreceipttotheSurveyor'sOffice.Requestsforserviceswillnotbeprocesseduntilpaidreceiptisreturned.Thankyouforyourcooperation.
Office of Finance
and TreasuryDate:1/91/202312:27PMOffice:DLCP-DOBTerm:WFWO1-4LWB1S2Batch:78955 BatchDate:1/31/2023Cashier:TEMP25Trans#:13
CUD~DEPARTHENTOFBUILcot:czstaatoConment/Docunent: SR23-S0-01974
PaymentTotal:$2,750.00PaymentDistribution:302)CUO(3220)10001-82050$250.00302JCUO(3220)10001-82050$2,500.00CkTendered:$2,750.00
Thankyouforyourpayment.
Have@niceday!
Opposition to Square 762 project (S.O. 23-01974)
Dave Kasten <dave.kasten@gmail.com>
Sun 7/16/2023 11:10 PM
To:Dorsey, Diana (DOB) <diana.dorsey@dc.gov>
C A U T I O N : This email originated from outside of the DC Government. Do not click on links or open aachments unless you
recognize the sender and know that the content is safe. If you believe that this email is suspicious, please forward to
phishing@dc.gov for addional analysis by OCTO Security Operaons Center (SOC).
You don't often get email from dave.kasten@gmail.com. Learn why this is important
Greetings!
I trust this letter finds you in good health and high spirits. I am writing to express my profound
concerns about the proposed closing of a public alley in Square 762, a plan set forth by Clear
Plains LLC.
The alley in question is not merely a path between buildings; it is a piece of our shared history, a
testament to the rich, vibrant tapestry that makes up our community. Its proposed closure
threatens to irrevocably alter the historical landscape of our neighborhood. Such a decision
must not be taken lightly.
While the proposal has been crafted with a seemingly benign intent - to renovate and expand
existing historic buildings - it's imperative to note that this could very well result in an erasure of
the historical context within which these buildings exist. The unique character of our district,
shaped by its history and people, is not confined to individual buildings, but extends to the
spaces between them: our streets and alleys. This public alley, therefore, is an integral part of
our collective history and cultural heritage.
Certainly, the revitalization of historic structures is a commendable objective. However, this
must not come at the expense of a public alley that has served our community for generations. I
firmly believe that it is possible to strike a balance between modernization and preservation;
one that enriches our community without compromising its historical integrity.
I urge you to reconsider the proposed closure of the public alley in Square 762. Let's strive to
harmonize the past and the future, ensuring that our actions today will not only facilitate
growth but also honor and preserve our shared history.
Thank you for your time and for your unwavering dedication to our community. I look forward
to a thoughtful dialogue on this matter.
Best regards,
David Kasten

800 17th Street, NW, Suite 1100 | Washington, DC 20006 | T 202.955.3000 | F 202.955.5564
Holland & Knight LLP | www.hklaw.com

Christine M. Shiker
(202) 457-7167
christine.shiker@hklaw.com

Christopher S. Cohen
(202) 469-5127
christopher.cohen@hklaw.com

January 30, 2023

VIA DCRA ONLINE SUBMISSION AND E-MAIL
Department of Buildings
Office of the Surveyor of the District of Columbia
c/o Mr. Joseph E. Snider
1100 4th Street, S.W.
Room E320
Washington, D.C. 20024
Joseph.Snider2@dc.gov

Re: Application for Alley Closing
Northeast Portion of Square 762

Dear Mr. Snider:

On behalf of Clear Plains LLC (the “Applicant”), the owner of property known as Lots
823, 842, and 843 in Square 762 (collectively, the “Site”), we hereby submit this application
requesting the closure of a dead-end portion of the existing alley system in Square 762 (the
“Application”). Accordingly, please find a co mpleted alley closing application form and retail
displacement form for the Application attached hereto as Tab A. A letter authorizing Holland &
Knight to file and process the Application on behalf of the Applicant is attached hereto as Tab B.
We are transmitting contemporaneously the required filing fee of $2,750.00. The Application is
submitted in accordance with 24 DCMR §§ 1400.4 and 1400.8.

The Applicant is seeking to close a dead-end portion of the existing public alley system in
Square 762 in order to facilitate the renovation and expansion of the historic buildings on the Site.
The portion of the alley system to be closed varies in width, generally between approximately 10
and 12 feet, and is not currently used or relied upon for any transportation purpose. Thus, it is
unnecessary for alley purposes and can be closed pursuant to DC Code § 9-202.01. The proposed
closing is depicted on the sketch attached hereto as Tab C.

As shown on the initial development plans attached hereto as Tab D, the alley closing will
enable the adaptive reuse of the historic buildings on the Si te. The Site will be combined into a
single lot of record along with the adjacent property located at 233 Pennsylvania Avenue, SE (Lot
839, Square 762) , and the existing historic str uctures will be connected so as to create a single

2
#183341663_v2
building for use by the new ownership. The ground floor will include retail and an entry to the
office space above. The second floor will include office and event space. The third floor will
include event space. The rear of the structure will also house private event space, which will open
into an open courtyard in the center of the newly-combined Site.

The closed public alley will revert to the Applicant as owners of the Site. As shown on the
historical plats attached as Tab E, the Site originally comprised the western part of record Lot 13,
which was divided into four lots as shown on the 1873 plat. In 1887, a portion of the public alley
to be closed was dedicated from the western portion of Lot 13, whic h resulted in the creation of
Lots 43 through 49 in the square . At some point between 1887 and 1911, the owner of Lot 46
dedicated an additional portion of the alley (± 122.8 square feet), and in 1911, the owner of Lot 45
dedicated the remaining portion of the public alley (± 105 square feet).

The closure of this portion of the public alley system will not disrupt the transportation
system or interfere with access to or from any other properties within the square. Specifically, all
properties that currently have access to a public alley system will continue to have access to the
public alley system. The small portion of the dead-end alley will be combined with the Site, which
also has access from the 20-foot public alley system.

Finally, as required by 24 DCMR § 1400.4(d), a listing of all properties (land and
buildings) associated with the requested alley closing are attached hereto as Tab F.

We would appreciate your processing of the Application at your earliest conveni ence. If
you have any questions, please do not hesitate to contact either of us. Thank you for your attention
to this matter.

Respectfully submitted,

Holland & Knight LLP

_____________________
Christine M. Shiker
Christopher S. Cohen

Attachments

cc: Diana Dorsey Hill
Office of the Surveyor, Program Specialist (via email; w/ attachments)

800 17th Street, NW, Suite 1100 | Washington, DC 20006 | T 202.955.3000 | F 202.955.5564
Holland & Knight LLP | www.hklaw.com

Christopher S. Cohen
202.469.5127
christopher.cohen@hklaw.com

November 25, 2024

VIA EMAIL

Kenneth D. Young
Outside Plant Engineering – WSAM
Verizon
13101 Columbia Pike, FDC 1
Floor 1
Silver Spring, MD 20904
kenneth.d.young@verizon.com

Re: S.O. 23-01974
Alley Closing in Square 762
Applicant’s Response to Verizon Objection Letter

Dear Mr. Young:

This letter serves to notify you that the applicant for the above-referenced alley closing
application is in receipt of your letter dated April 10, 2023, a copy of which is attached hereto as
Exhibit A. The letter states that Verizon objects to the applicant’s proposal to close a portion of
the existing alley system in Square 762 unless one of the following actions are taken:

(1) An easement will be provided, and paid for by the owners with metes and bounds
description with a plat and all documentation necessary to record the easement to
permit existing telephone plant to remain in its present location subject to Verizon
approval; or
(2) Verizon is fully reimbursed for relocating its plant and feeders. Alley/Street closing
will not take place until these facilities are completely relocated and permanent
services restored fully to all customers affected by the move.

The impacted Verizon facilities are shown on the plan attached hereto as Exhibit B.
Some of the facilities can be removed because they will no longer be needed to serve the
buildings located at 229 Pennsylvania Avenue SE, 231 Pennsylvania Avenue SE, or 203 Rear
Pennsylvania Avenue SE after said properties are redeveloped.

As to the impacted facilities that are still needed to deliver Verizon’s services to
properties within the square, the applicant proposes to fully reimburse Verizon for their
complete relocation.

2
#513413417_v1
If this agreement is satisfactory, I would appreciate your removing the objection filed
with the Office of the Surveyor for this alley closing application.

Should you wish to discuss this matter, our team is eager to schedule a meeting at your
earliest convenience so that the applicant can resolve Verizon’s objection as expeditiously as
possible.

Thank you for your considerate attention to this matter. Should you have any questions,
please do not hesitate to contact me at christopher.cohen@hklaw.com or (301) 775-5559.

Sincerely,

Christopher S. Cohen

Attachments

cc: Joe Snider, DC Surveyor (via e-mail; w/ attachments)
Diana Dorsey, DCOS Program Specialist (via e-mail; w/ attachments)
Nathaniel Treen
Project Manager, KCW Engineering Technologies Inc. (via e-email; w/ attachments)

EXHIBIT A
Network Engineering
OPPE MD/DC
13101 Columbia Pike, FDC 1
Floor 1
Silver Spring, MD 20904
April 10th, 2023
Mr. Joseph E. Snider
Office of the Surveyor
1100 4th Street SW
Washin
gton, D.C. 20024
RE: Proposed Closing of a Public Alley in Square 762 – S.O. 23-01974
Dear Mr. Snider:
Location: Square 762
Verizon Washington D.C. Inc. objects to the proposal unless one of the two following are
done:
[ ] Service is no longer required in the Square.
[X ] An easement will be provided, and paid for by the ow ners with metes and bounds description with a plat and all
documentation necessary to record the easement to permit existing telephone plant to remain in its present location subject
to Verizon approval.
[ X ] Verizon is fully reimbursed for relocating its plant an d feeders. Alley/Street closing will not take place until
these facilities are completely relocated and permanent services restored fully to all customers affected by the move.
[ ] Telephone cables and termin als are cut off and abandoned.
Very truly yours,
Kenneth D. Young
Engineer, Outside Plant Engineering, WSAM
KDY
c.c. D.C.D.O.T. Underground Location Section
Area Engineer
File

EXHIBIT B
SITE
PENNSYLVANIA AVENUE, S.E.
(160' WIDE - PUBLIC)
3RD STREET, S.E.
(90' WIDE - PUBLIC)
LOT 38 SQUARE 762
3,008 SQ.FT. REC
LOT 843 SQUARE 762
1,477 SQ.FT. REC
LOT 842 SQUARE 762
1,692 SQ.FT. REC
LOT 839 SQUARE 762
2,326 SQ.FT. REC
LOT 840 SQUARE 762
814 SQ.FT. REC
LOT 814
SQUARE 762
1,036 SQ.FT. REC
LOT 26 SQUARE 762
2,124 SQ.FT. REC
LOT 823 SQUARE 762
2,358 SQ.FT. REC
14' PUBLIC ALLEY
25' PUBLIC ALLEY
2.76 REC
2.93 MST
153.68 REC154.27 MST
20.27 REC20.35 MST
87.78 REC88.08 MST
87.78 REC
88.08 MST
16.83 REC16.895 MST
38.31 REC
37.97 MST
37.78 COMP
40.58 REC
40.72 MST40.72 COMP
32.33 REC32.33 MST
10.0 REC10.04 MST52.67 REC
52.93 MST
52.85 COMP
16.83 REC16.895 MST
16.29 REC16.355 MST
25.71
REC&MST
143.10 REC143.62 MST
22.86 REC22.97 MST
34.12 REC
34.41 MST
34.24 COMP
66.16 REC
66.43 MST
66.28 COMP
51.16 REC
51.43 MST
24.82 REC28.82 MST
18.0 REC
18.01 MST
60.88 REC
60.99 MST
18.0 REC
18.01 MST
57.58 REC
57.68 MST
25.70 REC
25.74 MST32.42 REC32.48 MST
24.0 REC24.02 MST18.0 REC
18.01 MST
57.58 REC
57.68 MST
35.11 REC
35.16 MST
10' PUBLIC ALLEY
10' PUBLIC ALLEY
20' PUBLIC ALLEY
22.03
REC&MST
62°22'
S 62°27'00" E
90°
90°
117°38'
90°
90°
62°22'
87°28'
149°50'
151°
175°
90°
90°
90°
90°
90°03'
89°57'
83°38'
90°
90°
90°
90°
90°90°
90° 90°90° 270° 62°22'
117°38'
92°32'
177°28'
90° 90°92°32'
96°22'
NORTH
90°
Planning, Engineering, Surveying & Landscape Architecture
510 8th Street, SE, Washington, DC 20003
(T) 202-638-4040 www.WM-DC.com
X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-
X-X
X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-X
EX. UTILITY POLE
WITH OH & UG
COMMUNICATION
TO BE REMOVED
TO BE REMOVED
TO BE REMOVED
#233
#229
#231
#203
#205
TO BE
RELOCATED
TO BE
RELOCATED
TO BE
RELOCATED

800 17th Street, NW, Suite 1100 | Washington, DC 20006 | T 202.955.3000 | F 202.955.5564
Holland & Knight LLP | www.hklaw.com

Christine M. Shiker
(202) 457-7167
christine.shiker@hklaw.com

Christopher S. Cohen
(202) 469-5127
christopher.cohen@hklaw.com

January 30, 2023

VIA DCRA ONLINE SUBMISSION AND E-MAIL
Department of Buildings
Office of the Surveyor of the District of Columbia
c/o Mr. Joseph E. Snider
1100 4th Street, S.W.
Room E320
Washington, D.C. 20024
Joseph.Snider2@dc.gov

Re: Application for Alley Closing
Northeast Portion of Square 762

Dear Mr. Snider:

On behalf of Clear Plains LLC (the “Applicant”), the owner of property known as Lots
823, 842, and 843 in Square 762 (collectively, the “Site”), we hereby submit this application
requesting the closure of a dead-end portion of the existing alley system in Square 762 (the
“Application”). Accordingly, please find a co mpleted alley closing application form and retail
displacement form for the Application attached hereto as Tab A. A letter authorizing Holland &
Knight to file and process the Application on behalf of the Applicant is attached hereto as Tab B.
We are transmitting contemporaneously the required filing fee of $2,750.00. The Application is
submitted in accordance with 24 DCMR §§ 1400.4 and 1400.8.

The Applicant is seeking to close a dead-end portion of the existing public alley system in
Square 762 in order to facilitate the renovation and expansion of the historic buildings on the Site.
The portion of the alley system to be closed varies in width, generally between approximately 10
and 12 feet, and is not currently used or relied upon for any transportation purpose. Thus, it is
unnecessary for alley purposes and can be closed pursuant to DC Code § 9-202.01. The proposed
closing is depicted on the sketch attached hereto as Tab C.

As shown on the initial development plans attached hereto as Tab D, the alley closing will
enable the adaptive reuse of the historic buildings on the Si te. The Site will be combined into a
single lot of record along with the adjacent property located at 233 Pennsylvania Avenue, SE (Lot
839, Square 762) , and the existing historic str uctures will be connected so as to create a single

2
#183341663_v2
building for use by the new ownership. The ground floor will include retail and an entry to the
office space above. The second floor will include office and event space. The third floor will
include event space. The rear of the structure will also house private event space, which will open
into an open courtyard in the center of the newly-combined Site.

The closed public alley will revert to the Applicant as owners of the Site. As shown on the
historical plats attached as Tab E, the Site originally comprised the western part of record Lot 13,
which was divided into four lots as shown on the 1873 plat. In 1887, a portion of the public alley
to be closed was dedicated from the western portion of Lot 13, whic h resulted in the creation of
Lots 43 through 49 in the square . At some point between 1887 and 1911, the owner of Lot 46
dedicated an additional portion of the alley (± 122.8 square feet), and in 1911, the owner of Lot 45
dedicated the remaining portion of the public alley (± 105 square feet).

The closure of this portion of the public alley system will not disrupt the transportation
system or interfere with access to or from any other properties within the square. Specifically, all
properties that currently have access to a public alley system will continue to have access to the
public alley system. The small portion of the dead-end alley will be combined with the Site, which
also has access from the 20-foot public alley system.

Finally, as required by 24 DCMR § 1400.4(d), a listing of all properties (land and
buildings) associated with the requested alley closing are attached hereto as Tab F.

We would appreciate your processing of the Application at your earliest conveni ence. If
you have any questions, please do not hesitate to contact either of us. Thank you for your attention
to this matter.

Respectfully submitted,

Holland & Knight LLP

_____________________
Christine M. Shiker
Christopher S. Cohen

Attachments

cc: Diana Dorsey Hill
Office of the Surveyor, Program Specialist (via email; w/ attachments)

TAB A

Closing Portion of Existing Alley System in Square 762
762
Clear Plains LLC
771-200-7220
christopher.cohen@hklaw.com
Abutting Lots 842, 843, and 823
✔
*authorized agent
/s/ Christopher S. Cohen
762
842, 843, 823
N/A
N/A
N/A
1/30/2023
Christopher S. Cohen
(authorized representative)
X
*authorized agent
/s/ Christopher S. Cohen

TAB B

Clear PlainsLLC
January20,2023
OfficeoftheSurveyorfortheDistrictofColumbia
c/oMr. JosephE. Snider
Washington,D.C. 20024
Joseph.snider2@dc.gov
Re: AuthorizationLetterfromApplicantApplicationforAlleyClosing-Square762
Dear Mr. Snider:
ThisletterservesasauthorizationforthelawfirmofHolland& KnightLLPtorepresentClearPlainsLLCinthefilingofthisapplicationtotheOfficeoftheSurveyoroffortheDistrictofColumbia.ClearPlainsLLCistheownerofthepropertysubjectofthisapplication,
Sincerely,
ClearPlainsLLC
A Delawarelimitedliabilitycompany
By: Lbovaud Ceassine
Name:EdwardCorriganTitle:President
#183473126_vi

TAB C

CORE architecture + design, inc.
1010 wisconsin ave nw, suite 405
washington, dc 20007
202.466.6116 coredc.com @coredc
10.21.22
Square 0762
CONSERVATIVE PARTNERSHIP
©CORE architecture + design, inc.
Square 0762 | 229, 231, 233, 203 Rear | Existing Conditions
CORE architecture + design, inc.
1010 wisconsin ave nw, suite 405
washington, dc 20007
202.466.6116 coredc.com @coredc
21046.33
Existing Conditions
Conservative Partnership Institute
Rydin Block
©2022 CORE architecture + design, inc.
Project Number
Printed 9/20/22
Z.SD.1
Existing Bay Projections
SQUARE 0762
10'
Fence
Awning over
Concrete Patio
0843 0842 0839
0823
3 Stories + Cellar
1 Story
Addition
4 Stories + Cellar
1 Story
PENNSYLVANIA AVENUE SE
3rd STREET SE
1 Story
229 PA AVE SE
203 Rear 3rd St ST SE
231 PA AVE SE 233 PA AVE SE

TAB D

CORE architecture + design, inc.
1010 wisconsin ave nw, suite 405
washington, dc 20007
202.466.6116 coredc.com @coredc 1
01.30.2023
Square 0762
CONSERVATIVE PARTNERSHIP
©CORE architecture + design, inc.
Square 0762
229/231 Pennsylvania Ave SE
Square 0762 Lot 0842/0843
Approximate Lot Size - 3,134 SF
Zoned Mixed-Use (MU-26)

233 Pennsylvania Ave SE
Square 0762 Lot 0839
Approximate Lot Size - 2,500 SF
Zoned Mixed-Use (MU-26)
203 Rear 3rd St SE
Square 0762 Lot 0823
Approximate Lot Size - 2,371 SF
Zoned Mixed-Use (MU-26)
814 sq ft
84'-1
1"
MU-24
Pennsylvania Ave SE
Independence Ave SECapitol - 1 Block
C st SEC st SE
1” = 50’-0” SCALE AND NORTH ARROW
2nd St SE 2nd St SE
3rd St SE 3rd St SE
4th St SE 4th St SE
Proposed
Subdivision
Existing Alley
CORE architecture + design, inc.
1010 wisconsin ave nw, suite 405
washington, dc 20007
202.466.6116 coredc.com @coredc
21046.33
Basement/Cellar
Conservative Partnership Institute
Rydin Block
©2022 CORE architecture + design, inc.
Project Number
Printed 10/20/22
.02
UP
UP
DN
UP
DN
-6'-9 1/2" (76.71')
-9'-0" (74.5')
UP
UP
UP
Beer Cooler
Capitol Lounge
Flex Space
CPI Storage/Office
Kitchen Storage
Kitchen Prep
Restrooms
Capitol Lounge Office
PENNSYL
VANIA A
VENUE SE
3rd STREET SE
N
Three Story Addition at Rear of 229
Pennsylvania Ave SE
Three Story Addition at Rear of 231
Pennsylvania Ave SE, Replaces
current One Story Addition.
Three Story Addition at Rear of 233
Pennsylvania Ave SE
Code Modification being Sought to Allow
Additional Egress from 203 to Addition
N|S SECTION
E|W SECTION
SCALE: 1/16" = 1'-0"
New Addition
N.I.C
N.I.C
CORE architecture + design, inc.
1010 wisconsin ave nw, suite 405
washington, dc 20007
202.466.6116 coredc.com @coredc 2
01.30.2023
Square 0762
CONSERVATIVE PARTNERSHIP
©CORE architecture + design, inc.
CORE architecture + design, inc.
1010 wisconsin ave nw, suite 405
washington, dc 20007
202.466.6116 coredc.com @coredc
21046.33
Proposed Subdivision - Alley Closed
Conservative Partnership Institute
Rydin Block
©2022 CORE architecture + design, inc.
Project Number
Printed 1/27/23
Z.SD.2
0" (85.29')
New Bay Projection
SQUARE 0762
Existing Bay Projections
3 Stories + Cellar 4 Stories + Cellar
ADDITION:
3 Stories + Cellar
ADDITION:
3 Stories + Cellar
ADDITION:
3 Stories + Cellar +
Rooftop
ADDITION:
Second Story on
top of Existing
First Level
PENNSYL
VANIA A
VENUE SE
3rd STREET SE
N Properties Included in Application
Adjacent Properties
Legend
Square 0762
CORE architecture + design, inc.
1010 wisconsin ave nw, suite 405
washington, dc 20007
202.466.6116 coredc.com @coredc 3
01.30.2023
Square 0762
CONSERVATIVE PARTNERSHIP
©CORE architecture + design, inc.
CORE architecture + design, inc.
1010 wisconsin ave nw, suite 405
washington, dc 20007
202.466.6116 coredc.com @coredc
21046.33
Existing Conditions
Conservative Partnership Institute
Rydin Block
©2022 CORE architecture + design, inc.
Project Number
Printed 1/27/23
Z.SD.1
52'-0"
15'-4 1/4"
0" (85.29')
SQUARE 0762
ELEV: 85.11'
ELEV: 84.42'ROOF ELEV:
117.5'
ROOF ELEV:
117.5'
ROOF ELEV:
120.04'
10'
Fence
Awning over
Concrete Patio
Existing Bay Projections
Existing Alley
shown in Blue
0843 0842 0839
0823
3 Stories + Cellar
1 Story
Addition
4 Stories + Cellar
1 Story
PENNSYL
VANIA A
VENUE SE
3rd STREET SE
1 Story
N
Property Existing Lot Area Allowable FAR Existing GFA/FAR Proposed GFA
Included with Application
LOT 0843 -
229 Pennsylvania Ave SE 1,477 SF 3,692.5 SF 3,368 SF 4,464 SF
LOT 0842 -
231 Pennsylvania Ave SE 1,692 SF 4,230 SF 4,209 SF 4,440 SF
LOT 0823 -
203 3rd Street SE Rear 2,358 SF 5,895 SF 1,564 SF 3,128 SF
Adjacent Property
LOT 0839 -
233 Pennsylvania Ave SE 2,326 SF 5,815 SF 6,545 SF 7,600 SF
Total for Subdivision 7,853 SF 19,632.5 SF 15,686 SF 19,632 SF
Alley approx.1,000 SF approx. 2,500 SF 0 SF 0 SF
Total with Alley 8,853 SF 22,132.5 SF 15,686 SF 19,632 SF
Square 0762
CORE architecture + design, inc.
1010 wisconsin ave nw, suite 405
washington, dc 20007
202.466.6116 coredc.com @coredc 4
01.30.2023
Square 0762
CONSERVATIVE PARTNERSHIP
©CORE architecture + design, inc.
Square 0762 | 203 Rear 3rd St and Alley Conditions

CORE architecture + design, inc.
1010 wisconsin ave nw, suite 405
washington, dc 20007
202.466.6116 coredc.com @coredc 5
01.30.2023
Square 0762
CONSERVATIVE PARTNERSHIP
©CORE architecture + design, inc.
Square 0762 | Building AdditionsCORE architecture + design, inc.
1010 wisconsin ave nw, suite 405
washington, dc 20007
202.466.6116 coredc.com @coredc
21046.33
Courtyard Birdseye Perspective
Conservative Partnership Institute
Rydin Block
©2022 CORE architecture + design, inc.
Project Number
Printed 9/15/22
.14

CORE architecture + design, inc.
1010 wisconsin ave nw, suite 405
washington, dc 20007
202.466.6116 coredc.com @coredc 6
01.30.2023
Square 0762
CONSERVATIVE PARTNERSHIP
©CORE architecture + design, inc.
CORE architecture + design, inc.
1010 wisconsin ave nw, suite 405
washington, dc 20007
202.466.6116 coredc.com @coredc
21046.33
Pennslyvania Ave SE
Conservative Partnership Institute
Rydin Block
©2022 CORE architecture + design, inc.
Project Number
Printed 9/15/22
.10
Square 0762 | 229, 231, 233 Pennsylvania Ave SE Exterior Improvements
at Street Face

TAB E

(Page 1 of 1)
(Page 1 of 1)
(Page 1 of 1)
(Page 1 of 1)
(Page 1 of 1)
(Page 1 of 1)

TAB F

#183622085_v1
Application for Alley Closing
Northeast Portion of Square 762

Tab F
Listing of Associated Properties

 Square 762, Lot 823
Current Owner: Clear Plains LLC

 Square 762, Lot 842
Current Owner: Clear Plains LLC

 Square 762, Lot 823
Current Owner: Clear Plains LLC
Clear PlainsLLC
January20,2023
OfficeoftheSurveyorfortheDistrictofColumbia
c/oMr. JosephE. Snider
Washington,D.C. 20024
Joseph.snider2@dc.gov
Re: AuthorizationLetterfromApplicantApplicationforAlleyClosing-Square762
Dear Mr. Snider:
ThisletterservesasauthorizationforthelawfirmofHolland& KnightLLPtorepresentClearPlainsLLCinthefilingofthisapplicationtotheOfficeoftheSurveyoroffortheDistrictofColumbia.ClearPlainsLLCistheownerofthepropertysubjectofthisapplication,
Sincerely,
ClearPlainsLLC
A Delawarelimitedliabilitycompany
By: Lbovaud Ceassine
Name:EdwardCorriganTitle:President
#183473126_vi
1 | P a g e
*Please note that the ANC 6B mailing address has changed as of January 2023

May 16, 2024

Mr. Joseph E. Snider, DC Surveyor
Office of the Surveyor
DC Department of Buildings
1100 4th Street, SW,
Washington, DC 20024

VIA: Email

RE: S.O. 23-01974 - Alley Closing in Sq. 762

Dear Mr. Snider:

At a regularly scheduled, properly noticed, meeting on May 14, 2024, with
a quorum present, Advisory Neighborhood Commission (ANC) 6B voted
(5-1-2) to send this letter to you regarding the above referenced matter.

After evaluating the matter and consulting the community we have found
that the portion of the alley proposed to be closed is no longer used for alley
purposes. Therefore, we support the applicant’s request to close the alley.

Please contact Frank D’Andrea, Chair of ANC 6B’s Planning and Zoning
Committee at 6b04@anc.dc.gov if you have questions or need further
information.

Respectfully,

Edward Ryder
Chair, ANC 6B

Cc:
Charles Allen, Ward 6 Councilmember
Katie Mitchell, Chief of Staff, Ward 6 Councilmember
Christine Shiker, Counsel for Applicant
Christopher Cohen, Counsel for Applicant
Frank D’Andrea, Chair ANC 6B Planning and Zoning Committee
Jerry Sroufe, SMD 6B02

Government of the District of Columbia
Office of the Chief Financial Officer

Glen Lee
Chief Financial Officer

1350 Pennsylvania Avenue, NW, Suite 203, Washington, DC 20004 (202)727 -2476
www.cfo.dc.gov
MEMORANDUM

TO: The Honorable Phil Mendelson
Chairman, Council of the District of Columbia

FROM: Glen Lee
Chief Financial Officer

DATE: September 23, 2025

SUBJECT: Fiscal Impact Statement – Closing of the Northeast Portion of an Alley
in Square 762, S.O. 23-01974, Act of 2025

REFERENCE: Draft Bill as provided to the Office of Revenue Analysis on September
22, 2025

Conclusion

Funds are sufficient in the fiscal year 2026 through fiscal year 202 9 budget and financial plan to
implement the bill.

Background

The bill approves the closure of a portion of the alley located within the block bounded by 2nd Street,
S.E., Pennsylvania Avenue, S.E., 3 rd Street, S.E ., and C Street, S.E. The alley portion considered for
closure is located in the northeast corner of the block, behind 229 and 231 Pennsylvania Avenue, S.E.1
This portion of the alley system is no longer needed for transportation purposes.

An entity, which controls four2 of the abutting properties, plans to incorporate the alley space into a
larger redevelopment and subdivision. The applicant will rehabilitate historic buildings and combine
the four properties into one lot, creating a single building comprising retail, office, and event spaces.

1 The alley portion to be closed abuts the properties known for assessment and tax purposes as Square 762,
Lots 823, 839, 842, 843, and 58.
2 The alley closure application includes the properties known for assessment and tax purposes as Square 762,
Lots 823, 839, 842, and 843.
The Honorable Phil Mendelson
FIS: “Closing of the Northeast Portion of an Alley in Square 726, S.O. 23-01974, Act of 2025,” Draft Bill as
provided to the Office of Revenue Analysis on September 22, 2025
Page 2 of 2

Financial Plan Impact

Funds are sufficient in the fiscal year 2026 through fiscal year 202 9 budget and financial plan to
implement the bill. There are no costs to the District associated with the alley closure. The alley
property will become taxable to the combined property once the closure is approved and the project
begins.3 As a condition of the closure, the applicant will pay for the relocation of Verizon
infrastructure located within the alley.

3 The entire alley portion to be closed will revert to the property known for assessment and tax purposes as
Square 762, Lot 842.