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This amendment to the District of
Columbia Anacostia Waterfront Act of 2003, Bill 15-616, would revive the
plan to build an Intermodal Transportation Center as part of the Anacostia
Waterfront Initiative. Building a Major League baseball park as part of
the Intermodal Transportation Center would allow the District of Columbia
government to use federal transportation dollars to finance the stadium.
The amendment was to be offered by Councilmember Jack Evans at the
Committee on Economic Development committee meeting on June 1, but was not
offered because it became publicly known prior to its introduction.
Councilmember Evans is likely to introduce the amendment when the Act is
considered by the Committee of the Whole in June or July 2004.
AMENDMENT TO BILL 15-616
THE "DISTRICT OF COLUMBIA ANACOSTIA WATERFRONT ACT OF 2003"
OFFERED BY COUNCILMEMBER ______
Bill 15-616 is amended as follows:
(a) The long title is amended by deleting the word "and"
between the -words "private and "to" in the tenth line,
by deleting the "." at the end thereof, and by adding the
following at the end thereof
"; to provide for an Intermodal Transportation Center over a
portion of the SoutheastSouthwest Freeway, portions of the Banneker
Overlook, under portions of Maine Avenue, Southwest, and portions of the
Southwest Waterfront; and to provide for-the selection of a development
team for the development of sports, arts, retail, entertainment venues
and facilities above the proposed Intermodal Transportation Center, with
priority for a major league baseball stadium."
(b) Section 2 is amended to provide for the following
definitions:
1. "Intermodal Transportation Center" means a facility located
on a deck constructed (A) within the air space over a portion of the
Southeast-Southwest Freeway immediately adjacent to Squares 327, 353,
355, 387, 389, 413, and 435; (B) on and within the airspace over a
portion of the Banneker Overlook; (C) within the air space over a
portion of Maine Avenue, Southwest, lying between 9a' Street, Southwest,
and 12 Street, Southwest; (D) within the air space over a portion of
Water Street, Southwest, lying between 9th Street, Southwest, and ' 12th
Street, Southwest; (E) within the air space over the median running
between the portions of Maine Avenue and Water Street described in (C)
and (D) above; and, if necessary, (F) within the air space over a
portion of the Southwest Waterfront lying over the Washington Municipal
Fish Wharf (as described in Section 162 of Public Law 106-522) and the
water frontage on the Washington Channel lying south of Water Street
between 9th and 12th Streets, Southwest, that is designed to serve as a
central terminal and parking facility for approximately three thousand
(3,000) private passenger vehicles, commuter and tour buses and other
multi-passenger vehicles for visitors and commuters to downtown
Washington that provides easy access to the District's freeways, diverts
passenger vehicles away from neighborhood streets, the National Mall,
Federal buildings serving Congress and the Executive Branch and provides
easy transfer to taxis, local buses and the Metrorail system."
2. "Banneker Overlook" means that certain real property owned
by the United States and under the jurisdiction and control of the
National Park Service, known as Squares 355 and 389, and that property
which is owed by the District of Columbia, all of which is bordered by
9th Street, Southwest, on the east, Maine Avenue on the south, 12`h
Street and the Southeast-Southwest Freeway on the west, and the
Southeast-Southwest Freeway on the north."
2. [sic] "Banneker Village Center" means the Intermodal
Transportation Center and the entertainment, sports, arts and retail
venues and facilities located above the Center, which may include a
major league baseball stadium."
(c) Section 26 is renumbered as Section 29, and the
following new sections are inserted, to read as follows:
"Sec. 27. Intermodal Transportation Center.
"(a) The Mayor shall -make application :,to the United States
Department of Transportation, within sixty days from the effective date
of this act, for authorization for an Intermodal Transportation Center
and the construction of a deck over a portion of the SoutheastSouthwest
Freeway immediately adjacent to L'Enfant Plaza and the Banneker Overlook
to accommodate the Intermodal Transportation Center, under the Federal
Corridor Authority of the Transportation Equity Act for the 21st Century
("TEA 21"), Public Law 105-178. The Corporation shall assist
the Mayor in seeking authorization under TEA 21 for the Intermodal
Transportation Center. The Intermodal Transportation Center shall be
designed to support the Banneker Village Center to be located above and
adjacent to the Center. Additionally, the District of Columbia
Department of Transportation is hereby authorized to work with the
Corporation and any selected development entity in enabling them to
utilize the existing rightsof-ways on and air rights over the
intersection of 10a' and D Streets, Southwest, and Maine Avenue,
Southwest, for supporting uses for the Intermodal Transportation Center
from the National Mall on the south side of -Independence. Avenue,
Southwest, to the Intermodal Transportation Center. Such uses may
include retail, tourist attractions and museums.
"(b) The Mayor shall work with the federal government to obtain
ownership of that portion of the Banneker Overlook currently not owned
by the District of Columbia through Congressional authorization for the
United States to deed the property to the District, through the powers
vested in the Mayor by D.C. Official Code § 10-901 or through the
powers invested in the Mayor by D.C. Official Code § 9-101.18.
"Sec. 28. Banneker Village Center.
"(a) The Council hereby authorizes the transfer of the air space
above the proposed Intermodal Transportation Center to the Corporation
for the purpose of creating the Banneker Village Center, and hereby
authorizes the Corporation, notwithstanding any other District law to
the contrary, including, without limitation, D.C. Official Code §
10-801 et seq. and D.C. Official Code § 10-1121.01 et seq., and except
as otherwise provided herein, to dispose of the air space above the
Intermodal Transportation Center, or portions thereof, to a private
developer or development team that will work with the District as a
development partner to create and develop the air space as the Banneker
Village Center.
"(b) The Corporation shall, within sixty (60) days from the
effective date of this Act, draft an offering document pertaining to the
disposition of the air space above the Intermodal Transporation Center
and submit a proposed resolution to approve the draft offering document
to the Council for a 45-day period of review, excluding days of Council
recess. If the Council does not approve or disapprove the proposed resolution within the 45-day
period, the proposed resolution shall be deemed approved. Approval by
the Council of a resolution shall expire one year after the effective
date of the approval resolution unless an exclusive right agreement has
been executed; provided, that, if the Corporation determines before the
end of the one-year period that an exclusive right agreement will not be
executed within the one-year period, the Corporation may submit to the
Council, no later than 45 days, excluding days of Council recess, before
the end of the one-year period a resolution seeking additional time for
the execution of the exclusive right agreement. The resolution shall
include a report on efforts made toward execution of an exclusive right
agreement and the reasons for the inability to execute an .exclusive
right agreement within the-one-year period.. The proposed resolution
shall be subject to a 45-day period of Council review, excluding days of Council recess.
If the Council does not approve or disapprove the resolution within the
45-day period, the resolution shall be deemed approved.
"(c) In selecting a developer or development team to work with the
District to plan and develop the proposed Banneker Village Center, the
Corporation shall consider the following criteria, which shall be
incorporated into the offering document:
"(1) The inclusion of proposed attractions that would increase
tourist visitation to the Anacostia Waterfront, the 10` Street Promenade
and the National Mall;
"(2) The addition of retail uses to the 10th Street Promenade, the
Southwest Waterfront and adjoining properties that would substantially
increase sales and real estate tax revenue to the City;
"(3) The potential development of a portion of the Center site for
a major league baseball stadium, and the ability of the developer to
finance a major league baseball stadium through any combination of the
following: (A) revenues generated from the development of new retail,
attraction, entertainment, office, hotel and/or residential developments
in the Southwest Waterfront and 10th Street Promenade area; (B) tax
incremental financing under D.C. Code § 2-1217.01 et seq. funded by the
incremental increase in sales and use taxes generated by the project,
the 10th Street Promenade area and the Southwest Waterfront in a tax
increment financing area created by the Council; and (C) the issuance of
revenue bonds, notes or other obligations by the Corporation pursuant to
the authority granted the Corporation in Section 17 of the Act;
"(4) Plans that demonstrate pedestrian and vehicular linkage of
visitors and tourists from the National Mall to the Southwest
Waterfront, the Intermodal Transportation Center and the Anacostia
Waterfront;
"(5) Plans for increasing the critical mass of community shopping
facilities to serve the residents of the Anacostia Waterfront;
"(6) Proposed uses that would increase the frequency and number of
users for the L'Enfant Plaza Metrorail Station and provide a
demonstrated link between the L'Enfant Plaza Metrorail Station and the
proposed uses for the Anacostia Waterfront;
"(7) Plans that assist the Smithsonian Institution in increasing
the number of visitors to its museums and other facilities located along
the National Mall; and
"(8) Demonstrated ability to work with the federal government to
obtain approvals and financial assistance for the project.
"(d) Any proposed exclusive right agreement to redevelop the air
space above the Intermodal Transportation Center shall be submitted with
a proposed resolution by the Corporation to the Council for a 30-day
period of review, excluding Saturdays, Sundays, legal .holidays, and.
days of Council recess:.. If the -Council -does not approve or
disapprove the proposed resolution within the 30-day period of review,
the proposed resolution and exclusive right agreement shall be deemed
approved.
"(e) An approved exclusive right agreement shall expire one year
after the execution of the agreement unless:
"(1) A land disposition agreement has been executed, subject to the
provisions of this section; or
"(2) The Corporation grants an extension of the expiration date,
not to exceed 12 months and which shall be based on a determination that
special factors exist justifying the extension such as the need for
zoning changes, historic preservation, street and alley closings,
abatement of environmental hazards, or failure to reach agreement with
the National Park Service over the transfer of the Banneker Overlook or
obtain requisite funding of the Intermodal Transportation Center from
the federal government."
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