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NATIONAL CAPITAL PLANNING COMMISSION 801 PENNSYLVANIA AVENUE, N.W., SUITE 301 WASHINGTON, D.C. 20576 NCPC File No. 5708 CLOSING OF L AND M STREETS, NW., BETWEEN 7TlI AND 9TH STREETS, AND 8TH STREET BETWEEN MOUNT VERNON PLACE AND N STREET, NW., AND THE CLOSING OF ALL PUBLIC ALLEYS IN SQUARES 400, 401, 402, 426, 425, AND 424 (S.O. 96-90) Report to the Council of the District of Columbia September 25, 1997 The Commission: 1. reports to the Council of the District of Columbia that the proposed closing of L and M Streets, NW., between 7th and 9th Streets, and 8th Street between Mount Vernon Place and N Street NW., and the closing of all public alleys in Squares 400, 401, 402, 426, 425, and the small alley located in the northwest corner of Square 424, as shown on Surveyor's Map File No. 96-90 (NCPC Map File No. 31.(44.40)-40381), will have a negative impact on Federal interests related to the protection of the L'Enfant Plan and other National Historic Landmarks in the National Capital, 2. notes that the Memorandum of Agreement stipulates that the Council of the District of Columbia require a covenant that runs with the land that provides that at such time as the proposed Convention Center in its original configuration has outlived its useful life as a Convention Center, title to the rights-of-way of those streets which have been closed in order to build the Convention Center will revert to the United States and that any future use of the rights-of-way will be subject to the approval of the National Capital Planning Commission; and 3. notes that the Commission's support for the proposal is contingent upon the Council's approval of the following covenant to be placed on Surveyor's Map File No. 96-90 to ensure that L and M Streets, NW., between 7th and 9th Streets, will remain open to vehicular traffic for the duration of the Convention Center, and to preserve, to the greatest extent possible, the airspace over these streets:
BACKGROUND AND STAFF EVALUATION DESCRIPTION OF PROPOSAL The District of Columbia Government, pursuant to D.C. Code, sec. 7-422(3), has referred to the Commission for comment the proposed closing of L and M Streets NW., between 7th and 9th Streets, and 8th Street between Mount Vernon Place and N Street, NW., as well as the closing of all public alleys in Squares 400, 401, 402, 426, 425, and the small alley located in the northwest corner of Square 424. Regulations in D.C. Code, 1981 edition, sec 7-422(3), stipulate that the Mayor of the District of Columbia shall refer applications to close all or part of a street or alley to the National Capital Planning Commission for its comments. The purpose of the- street and alley closing application is to allow the development of land identified as "Mount Vernon/Shaw Site" for construction of a Convention Center. The Commission and the District of Columbia government have jointly prepared an Environmental Impact Statement for the Convention Center, in accordance with the National Environmental Policy Act (NEPA). The two NCPC actions, which are the subject of the environmental review, are the adoption of urban renewal plan modifications for the Downtown and Shaw School Urban Renewal Areas and in-lieu-of-zoning approval of the Convention Center's site and building plans. Besides changes in the land uses for the Convention Center site, the urban renewal plan modifications address the street and alley closings necessary to accommodate the Convention Center project. Since the closings are intended to facilitate the development of the Convention Center, they cannot be separated from the actions noted above. Consequently, when the Commission considers the proposed street and alley closings, it will also consider the preliminary site and building plans and final foundation plans for the Convention Center, and modifications to the maps and text of the Downtown and Shaw School Urban Renewal Plans. The Mount Vernon Square/Shaw Site is bounded on the north by N Street, on the west by 9th Street, on the south by Mount Vernon Place, and on the east by 7th Street. The alleys in Squares 400, 401, 402, 426, 425, and the small (north south) alley located in the northwest comer of Square 424 together with portions of L and M Streets, and the 8th Street rights-of-ways are being assembled for construction of the Convention Center. This assemblage will require that the 700 and 800 blocks of L and M Streets, NW., be closed for their entire right-of-way widths of 90 feet and lengths of approximately 500 feet. The entire right-of-way width (100 feet) and length (1,425 feet) of the 1200, 1300 and 1400 blocks of 8th Street, NW., will also be closed. As noted, all alleys in the above mentioned Squares will also be closed. Except for a pizza restaurant at 804 N Street and an auto sales shop at 1201 9th Street, the Mount Vernon/Shaw Site is vacant. Currently, there are surface parking lots, located on Squares 401, 402, 425, and 426 comprising the southern two thirds of the site. CONFORMANCE WITH COMPREHENSIVE PLAN The Comprehensive Plan designates the area for local public facilities and mixed residential and commercial uses. The proposal involves the closing of portions of L, M, and 8th Streets, NW., and several alleys. All three streets are original L'Enfant City streets with 8th Street also designated as a Special Street in the Preservation and Historic Features element of the Comprehensive Plan. An applicable policy in this element specifies:
The closing of portions of these three historic streets would be inconsistent with policy. However, the development that would be achieved by the proposed closings would serve to enhance the amenity of nearby 7th and 9th Streets, which are also designated Special Streets in the element. The proposed street closings would be consistent with two applicable policies in the element which state:
Significant mitigation measures would be taken to reduce adverse impacts resulting from the proposed street closings, including a pedestrian bridge that would extend across L Street and an at-grade tunnel on M Street which would permit both streets to remain open to vehicular traffic. Within the context of the compelling public purpose the proposed facility is to serve; the potential enhancement to two adjacent Special Streets; and the proposed mitigation measures to reduce the impacts from closing portions of L and M Streets, the proposed changes are not inconsistent with the Comprehensive Plan. COORDINATING COMMITTEE The proposal was reviewed by the Coordinating Committee on May 7, 1997. The Committee forwarded the proposal to the Commission with the statement that the project has been coordinated with all agencies represented. Attending the meeting were representatives of NCPC, the District of Columbia Office of Planning, Fire Department, and Department of Public Works, the General Services Administration, and Washington Metropolitan Area Transit Authority. HISTORIC PRESERVATION The Executive Director determined that the closing of 8th, L, and M Streets within the project site would be adverse to the historic qualities which qualified the L'Enfant Plan of the City of Washington for listing in the National Register of Historic Places. The proposed design of the convention center is intended to mitigate where possible the effects of the large size of the building on the street plan and surrounding blocks. The adverse effect is not only to the street plan itself but to the relatively small-scale historic buildings surrounding the proposed building site and the concomitant loss of relative scale within the surrounding area. The Memorandum of Agreement includes a provision that states principles or guidelines for continuing review of the design of the proposed convention center. The guidelines include statements recognizing the need for an appropriate design relationship to the Carnegie Library, Mount Vernon Square and the 8th Street axis; the need for architectural features at the termini of views along 8th Street, L Street and M Street; and the need for acknowledging the scale and configuration of the historic block pattern. These architectural responses will be developed as the design work continues. ENVIRONMENTAL IMPACT Pursuant to P.L. 91-190, the NCPC and the Washington Convention Center Authority (WCCA) prepared an environmental impact statement (EIS) for the proposed Washington Convention Center. Although the EIS focuses on the impacts of the proposed structure, NCPC and WCCA consider this proposal to be within the range of impacts evaluated in the EIS. The National Environmental Policy Act (NEPA) recognizes this action as tiering. The closing of 8th Street will not significantly affect the local traffic network since relatively little traffic occurs on the accessible portions of 8th Street. The closings of L and M Streets between 7th and 9th Streets will have greater impacts on local traffic circulation by reserving and placing appropriate signage for service traffic only. Proposed circulation changes and new traffic lanes will partly mitigate impacts by providing alternatives for background, as well as convention center, traffic. Closing of the alleys will not affect local traffic since they are not used for such purpose. FEDERAL INTEREST The primary Federal interest associated with closing the 700 and 800 blocks of L and M Streets and the 1200, 1300, and 1400 blocks of 8th Street, NW., is the impact these closings will have on the L'Enfant Plan, historic districts, and the setting and character of a number of nearby individual historic resources, including National Historic Landmarks. An enclosed pedestrian bridge, of the same width as the 8th Street cartway (approximately 90-feet), and in the same location of 8th Street, is proposed over L Street. On M Street a vehicular passageway is proposed for the two-block area between 7th and 9th Streets. Finally, 8th Street will be closed to traffic and completely infilled. The bridge and tunnel will obstruct vistas along these streets. The closing of 8th Street will eliminate any views or axial connection between Mount Vernon Square and the Shaw neighborhood to the north, and therefore, further diminish the significance of 8th Street, a major cross-axis of the L'Enfant Plan. The Commission's support for the proposal is contingent upon the Council's approval of the convenant to be placed on Surveyor's Map File No. 96-90 to ensure that L and M Streets, NW., between 7th and 9th Streets, will remain open to vehicular traffic for the duration of the Convention Center. A number of mitigation measures have been agreed to under a Memorandum of Agreement including providing a recess or break in the Mount Vernon Place facade marking the intersection of the 8th Street axis; creating a visual focus for the 8th Street axis when viewed from a distance; and providing significant architectural features at the termini of views along 8th, L, and M Streets. The protection of the L'Enfant Plan is a major Federal interest. Staff acknowledges that closing portions of L, M, and 8th Streets, NW., will have an adverse impact on this Federal interest and cannot be fully mitigated. Therefore, because of the importance of these L'Enfant streets as open spaces and organizing elements of the adjacent city blocks, staff believes that the portion of streets to be closed to facilitate the construction of the Convention Center should revert to United States when the Convention Center has outlived its useful life as a Convention Center, and that any future use of the rights-of-way be subject to the Commission's approval. Staff believes that the District of Columbia government has made a sufficient case that the closing of sections of streets is for a compelling public purpose that will result in significant benefits to the city. The staff further believes that the MOA provisions outlined above, mitigate, to the extent possible, the adverse effects of the Convention Center proposal, while recognizing that the impact on the L'Enfant Plan cannot be fully mitigated. Therefore, staff recommends that the Commission advise the Council of the District of Columbia of this adverse impact on the Federal interest, but note its support for the proposal, given the compelling public benefits expected from the proposed Convention Center. Finally, we recommend that the Council of the District of Columbia approve a covenant that runs with the land, which requires that at such time as the proposed Convention Center in its original configuration has outlived its useful life as a Convention Center, title to the rights-of-way of those streets which have been closed in order to build the Convention Center will revert to the United States and that any future use of the rights-of-way be subject to the approval of the National Capital Planning Commission. |
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