1610.1 The following provisions apply to properties located:

1. (a) Within the CG/W-2 District;
2. (b) On a lot that abuts M Street S.E.;
3. (c) On a lot located within Squares 700 or 701, north of the Ballpark site;
4. (d) On a lot that abuts South Capitol Street, other than renovation or replacement of an existing row dwelling within Squares 653 or 655; or for a minor addition not exceeding 50% of the gross floor area of the original row dwelling structure;
5. (e) On a lot within Squares 601, 656, or 657; or
6. (f) Any lot that is the recipient of density through the combined lot provisions of § 1602.

1610.2 With respect to those properties described in § 1610.1, all proposed uses, buildings, and structures, or any proposed exterior renovation to any existing buildings or structures that would result in an alteration of the exterior design, shall be subject to review and approval by the Zoning Commission in accordance with the following provisions.

1610.3 In addition to proving that the proposed use, building, or structure meets the standards set forth in § 3104, an applicant requesting approval under this section must prove that the proposed building or structure, including the sitting, architectural design, site plan, landscaping, sidewalk treatment, and operation, will:

1. (a) Help achieve the objectives of the CG Overlay District as set forth in § 1600.2;
2. (b) Help achieve the desired mix of uses in the CG Overlay District as set forth in §§ 1600.2(a) and (b), with the identified preferred uses specifically being residential, hotel or inn, cultural, entertainment, retail, or service uses;
3. (c) Be in context with the surrounding neighborhood and street patterns;
4. (d) Minimize conflict between vehicles and pedestrians;
5. (e) Minimize unarticulated blank walls adjacent to public spaces through facade articulation; and
6. (f) Minimize impact on the environment, as demonstrated through the provision of an evaluation of the proposal against LEED certification standards.

1610.4 With respect to a building or structure to be constructed on a lot within the CG/W-2 District:

1. (a) The building or structure shall provide suitably designed public open space along the waterfront;
2. (b) A plan shall be included in the application for suitable open space treatment of the setback area for such uses as walkway and bikeway, passive or active recreational use, and including provisions assuring private maintenance of the space, convenient and permanent public access to the space, and suitable connections to adjacent public space along the waterfront; and

(c) The application shall include a view analysis that assesses openness of waterfront views and vistas, and views and vistas toward the Capitol Dome, other federal monumental buildings, existing neighborhoods, South Capitol Street, and the Frederick Douglass Bridge.

1610.5 With respect to a building or structure which has frontage on Half Street S.E. south of M Street S.E. or Front Street S.E. south of M Street S.E.:

(a) The building or structure shall provide for safe and active streetscapes through building articulation, landscaping, and the provision of active ground level uses including retail, entertainment, cultural, and pedestrian concourse space;

(b) The building or structure shall provide for safe and convenient movement to and through the site, including to public transit, the Ballpark, and to the Anacostia River; and

(c) The application shall include a view analysis that assesses openness of views and vistas around, including views toward the Capitol Dome, other federal monumental buildings, the Ballpark, and the waterfront.

1610.6 With respect to a building or structure which has frontage on South Capitol Street S.E.:

(a) The building or structure shall incorporate massing, materials, and buildings and streetscape landscaping to further the design and development of properties in a manner that is sensitive to the establishment of South Capitol Street as a monumental civic boulevard;

(b) The building or structure shall incorporate massing, location of access to parking and loading, and location of service areas to recognize the proximate residential neighborhood use and context, as applicable; and

(c) The application shall include a view analysis that assesses openness of views and vistas around, including views toward the Capitol Dome, other federal monumental buildings, the Ballpark, and the waterfront.

1610.7 The Commission may hear and decide any additional requests for special exception or variance relief needed for the subject property. Such requests shall be advertised, heard, and decided together with the application for Zoning Commission review and approval.

1610.8 At the time of filing an application with the Zoning Commission, the applicant shall pay the filing fee specified in § 3180.1(b) (16), plus such fees as apply to any additional zoning relief requested. The provisions of § 3181 relating to the administration of fees shall apply, except that the applicant may appeal any decision of the Director regarding the fee schedule to the Zoning Commission, which shall decide the appeal as a preliminary matter to hearing the application.

1610.9 A building that qualifies as a Capitol South Receiving Zone site under §1709.18, and for which a building permit has been applied for prior to August 31, 2001, shall not be subject to the requirements of this section.

SOURCE: Final Rulemaking published at 54 DCR 1587-1592 (February 16, 2007); as amended by Final Rulemaking published at 54 DCR 10293 (October 26, 2007); as corrected by Errata Notice published at 58 DCR 4314, 4315 (May 20, 2011).