ANC6B Body Proposes $500,000 Cash Community Benefit for Patriot’s Row Alley Closure

The Conservative Partnership Institute which has purchased several buildings in the 200 block of PA Ave, SE, for their HQ, hopes to reopen the former Capitol Lounge as a restaurant. The alley closure behind the restaurant could be used for outdoor seating or event space. 

Here’s a preliminary rendering of what the closed alley would look like – the relevant portion of the alley is indicated by grey flagstone. A deck in the foreground appears to be event space atop a series of garages which are the rear of a residential building at 203 3rd Street, SE, which is also owned by the Conservative Partnership Institute. 

ANC6B Body Proposes $500,000 Cash Community Benefit for Patriot’s Row Alley Closure

by Larry Janezich

December 12, 2023

Tuesday night, ANC6B Commissioner Frank D’Andrea who chairs the Commission’s Subcommittee on Street and Alley Closing, reported that the Subcommittee had crafted a proposed list of 14 community benefits it will seek from the Conservative Partnership Institute to compensate the community for privatization of the dead end alley behind the former Capitol Lounge at 229 Pennsylvania Avenue, SE. 

Earlier this year, the Conservative Partnership Institute retained Holland and Knight, one of the largest legal firms in the country, to help privatize the public alley on Capitol Hill to facilitate combining several properties on the 200 block of Pennsylvania Avenues, SE, for its new headquarters.  ANC6B’s Planning and Zoning Committee – chaired by D’Andrea – created a Subcommittee to represent the community to consider the merits of the alley closure application and to negotiate an agreement to compensate the public for the conversion of public to private space.  DC regulations require the alley closure application to be reviewed by the ANC and city agencies are required to give the opinion of the ANC “great weight.” 

The Subcommittee went behind closed doors at a meeting on December 9th to draft the list of potential Items for a Community Benefits Agreement (CBA).  The list is a draft for discussion only and once the substance of the list has been discussed and agreed upon by the parties, a formal agreement will be drafted by the Subcommittee and sent to the applicant for their review.

The most significant proposal is a financial settlement that provides “Within 3 months of the signing of the CBA the applicant shall make a $500,000 one-time, lump-sum donation to a 6B-based nonprofit organization or foundation chosen by ANC 6B before finalization of the CBA.

The other 13 items proposed for inclusion in a CBA between Clear Plains, LLC (the Applicant) and ANC 6B are:

• The applicant shall construct an indoor, refrigerated trash room and indoor recycling room both in the building where trash and recycling are generated.  Further, all trash and recyclables produced on the premises shall be stored in said rooms.
• Before giving a Notice to Proceed for construction to their general contractor, the Applicant shall work to enter into a Memorandum of Understanding with ANC 6B regarding construction management.
• No trucks, delivery, service or construction vehicles shall enter or exit Lincoln Court from 3rd Street SE.
• The applicant shall only permit residential uses in 205 3rd Street SE or at 207 3rd Street SE if applicant reacquires it.
• The courtyard shall be open to the public from dawn till sunset daily, except for private events that the applicant may hold from time to time.
• The applicant and any retail lessee shall only use the courtyard from 7AM-10PM Sun-Thurs and 7AM-11PM Fri-Sat.
• The applicant shall offer any potential lessee a portion of the courtyard for its use as part of the leased premises.
• The applicant shall make the courtyard available for use by the ANC or community organizations for events or meetings.
• Neither the applicant nor its licensees or lessees shall use the courtyard between November 1st and January 31^st.
• The applicant shall install security cameras that monitor the courtyard and entrance to the courtyard from Lincoln Court.  Applicant shall provide security-camera footage to federal and local law-enforcement authorities upon request.
• The applicant shall perform the following improvements:
  • Install a blind-corner mirror at the entrance to the courtyard from Lincoln Court.
  • Provide a mural on the western façade of 203 3rd Street SE Rear.
  • Additional lighting mounted on the property to illuminate the courtyard and the entrance to the courtyard from Lincoln Court.
• The applicant shall maintain in perpetuity a contract for rodent abatement.
• The applicant shall propose in its application to the Historic Preservation Review Board (HPRB) a privacy fence of at least 10 feet in height on the roof of 203 3rd Street SE Rear. If HPRB approves the application the applicant will construct a fence of that height.

D’Andrea reported to the Commission Tuesday night that the list had been sent to the applicant and “we are waiting to hear back.…we are going to have to wait to see what they say on the initial opening bid and then well have to go from there.…were hoping we can dispense with this by January….”