This project was in 5C07 until January 2023; it is now in 5B06. As it is right on the border and the casework began in 5C, the BZA granted 5C party status in at least one instance after redistricting.
The zoning cases for this project are likely over and the project is moving on to financing/construction. This page remains for reference, but there may be residual future tensing for past events as it’s no longer being regularly updated.
tl;dr
- A vacant lot sits at the corner of 22nd and Jackson Sts. NE; right where the two streets hit Rhode Island Ave. NE
- New Macedonia Baptist Church sought zoning relief for a project before selling it; construction will now likely start in mid-2024
- The project received a map amendment in October 2022, received lot coverage relief in May 2023, and had a subsequent amendment on the unit mix and other design changes increasing the retail footprint
- Latest designs are for 35 homes, 2,700 sq ft of retail, and 5 ground-floor structured parking spaces
- A separate project in New Macedonia’s church structure adds ten homes to the pair of projects involving the same stakeholders (BZA approvals from 2021-22; some interior demolition has already occurred)
Case Record
This case was heard by the Zoning Commission (ZC) once and Board of Zoning Adjustment (BZA) twice.
| agency | case | summary | next hearing | ANC status | case status |
|---|---|---|---|---|---|
| ZC | 21-14 | rezoning the parcel from R-1-B to MU-4 | N/A | 5/18/2022: 5C Resolution of Support passed 3-0-4 | 10/27/2022: Approval ordered 4-0-1 |
| BZA | 20872 | relief from rear setback requirements | N/A | 3/15/2023: 5B Resolution of Support passed 5-0-0 3/15/2023: 5C Resolution of Support passed 6-0-0 |
5/3/2023: Approval ordered w/conditions 3-0-2 |
| BZA | 20872A | modification of unit mix/floor plan | 7/26/2023 | not heard by 5B or 5C; joint SMD letter submitted in favor | Approval ordered 3-0-2 |
Meeting History
| date | body | summary |
|---|---|---|
| 11/3/2021 | SMD 5C07 | Feldman Ruel briefed the SMD and addressed various community concerns and questions |
| 5/18/2022 | 5C full Commission | Feldman Ruel briefed the full commission, which voted in favor of a resolution of support |
| 2/22/2023 | joint SMD 5B06/5C07 | Feldman Ruel briefed attendees from both sides of the Commission boundary, in-person and virtually, and anddressed various community concerns and questions |
| 3/15/2023 | 5B full Commission | The Commission approved a form resolution supporting the BZA case |
| 3/15/2023 | 5C full Commission | The Commission approved a form resolution supporting the BZA case |
Background
The subject property is currently an empty gravel-covered lot owned by The New Macedonia Baptist Church. New Macedonia Baptist Church operated adjacent to it, in the church building at 3200 22nd St. NE, and used the vacant lot as parking and an outdoor event space. Both properties came to the church through mergers with other churches, and the church has now consolidated operations to a site in Southeast DC.
Prior to a fire in 2002, the lot contained another church building bearing the address 2122 Jackson St NE. I haven’t found a modern photo of this building, but there’s a photo from 1948 in the Wymer Collection.
Both properties are being prepared for redevelopment. The church is no longer interested in occupying the building, and any kind of use would require substantial rehabilitation. The church has contracted with Feldman Ruel to have each property entitled for redevelopment and then sold. The proceeds will benefit the church, which will put it towards their continuing operations.
The church building itself, 3200 22nd St. NE, is planned to be residential only and has already received BZA approval as a separate case.
The Project
The gravel lot is planned to be mixed-use, with retail/restaurant spaces on the ground floor and residences on top. There was originally planned to be underground parking, but the parking has since been moved under the second floor.
2026 Jackson rendering, from the southeast (BZA update)
The current plans would include retail frontage buffered from the nearby detached houses on Jackson, along the corner abutting Rhode Island Ave. NE. It would include a possible sidewalk cafe within the footprint of the building (not in public space) along that corner. Parking garage access would be on 22nd St. NE, inbetween the retail and the planned homes in 3200 22nd.
2026 Jackson rendering, from the south (BZA update)
These plans have 35 homes, 2,400 square feet of retail, and 5 structured parking spaces. This makes it comparable to (but smaller than) 2027 Rhode Island Ave. NE (located on the other side of Rhode Island Ave. and just a little bit southwest). See the table for comparison.
| building | homes | sq. ft. retail | parking spaces |
|---|---|---|---|
| 2026 Jackson St. NE | 35 | 2,400 | 5 |
| 2027 Rhode Island Ave. NE | 43 | 4,600 | 8 |
The Issues
ZC 21-14
The ZC case concerned changing the Zoning Map, which broadly determines what can be built where. After approval, the parcel changed from R-1-B (“predominantly developed with detached houses on moderately sized lots”), to MU-4 (“moderate-density mixed-use development”).
In this case, there is ample context to consider the switch, as the parcel moved from matching the zone of the parcels directly north and west of it, to matching the parcels along Rhode Island Ave. NE to the northeast and southwest.
2026 Jackson zoning in context, snapshotted from the official DC Zoning Map
Considerations for whether ZC should make this change included harmony with the Comprehensive Plan (and Future Land Use Map), community context, and infrastructure demands.
The map amendment carries an IZ+ stipulation, which raises the minimum affordable housing requirement slightly (likely to around 6 income-restricted units in the current plans).
During the ZC hearing, the issues of parking, trash collection, and aesthetics were both mentioned as issues to be discussed during the BZA hearing, which Chair Hood referred to as “another bite at the apple.” There was some concern mentioned that the applicant could pursue a by-right development after receiving the map amendment; the applicants insisted this would be very difficult given the shape, size, and cost of the plot. Ultimately, the Zoning Commission approved the application, and the map amendment was ordered.
BZA 20872
The BZA case requested relief from two provisions, both centering on lot coverage to the rear to make up for building restriction lines on the Jackson and 22nd St frontage:
- reduction of the 15-foot rear yard requirement for the MU-4 zone
- reduction in the 40-foot window clearance; the building’s plans contain rear-facing windows less than 40 feet from the adjacent building at 3200 22nd St. NE
The site was rezoned in the preceding Zoning Commission case to match the zoning of the Rhode Island Ave parcels on either side. Notably, Rhode Island Ave NE parcels contain no Build Restriction Lines (BRLs); areas within the property’s land that are regulated by DDOT like public space. Retail frontage on Rhode Island Ave generally lands directly on the property line, with the public space in front being sidewalk (within DDOT’s control, but often granted use as, for instance, sidewalk cafes).
Like other building frontages on Jackson and 22nd Sts, both frontages of 2026 Jackson contain 15-foot BRLs. As a result, a lot of the property will not contain a built structure (but, hopefully, will contain other activation such as sidewalk cafes for the building’s retail). To mitigate the loss of this land for interior retail and homes, the development team sought relief from the rear setback requirements, in effect placing the two buildings by the same owner closer together than would otherwise be allowed. There are two pieces of zoning relief related to this, as the BZA’s authority to grant the proximity as a special exception is further limited by limitations on window proximity between adjacent buildings, which the applicant further needed relief from.
Notably, the very few close-together windows in the two buildings would not impact any existing neighbors, as none of these homes are yet built.
The application record for this case included:
- supportive reports from Office of Planning (OP) and the District Department of Transportation (DDOT)
- a report supporting approval from ANC 5B (the containing Commission after redistricting)
- a report supporting approval from ANC 5C (the containing Commission before redistricting, and then adjacent Commission)
- 9 letters of support from nearby residents
- 0 letters of opposition
Additionally, Commissioners Piekara (5B06) and Kapur (5C07) testified on behalf of their corresponding Commissions in support. The BZA granted party status to ANC 5C, a necessary step as the site is no longer in Commission area 5C, and does not have an address assigned to the bounding roadway (though it does abut the bounding roadway on a corner).
In their report on the case, OP recommended a condition on the zoning approval that the affected windows receive a privacy treatment. With that condition, the BZA approved the lot coverage relief.
BZA 20872A
In June 2023, the development team filed an amendment to the previous BZA approval, which is required for certain modifications to the design after relief is granted. The modified designs include:
- no change to the building’s footprint or height which remain as approved
- no change to the number of required off-street parking spaces (5) or the number planned for construction (5)
- four additional homes (from 31 to 35); primarily achieved through the reassortment of four two-bedroom+two-bathroom (2br+2ba) homes and three one-bedroom+den+one-bathroom (1br+den+1ba) into eleven one-bedroom+one-bathroom (1br+1ba) homes
- 300 additional square feet of retail (from around 2100 to 2400); primarily achieved through the reduction of the residential lobby
While the updated plans do reduce the diversity of housing within the building slightly, the building notably maintains six 2br+2ba and seven 1br+den+1ba homes, most of the larger homes originally approved.
This application was approved by the BZA on 7/26/23.
Community Action
The zoning cases for this project are likely over; these instruction remains up for reference as they generally apply to any BZA case with slight modifications on the specific case info and dates.
Anyone can submit comments in support or opposition into the case record, to be considered by the BZA when judging the application. Commissioner Piekara or I would be happy to help regardless of your position, so feel free to reach out if you aren’t sure what to write. You may also choose to speak at the hearing, but you will have to submit written comments either way.
Submitting a Letter
To submit a letter:
- send before 9:30am Tuesday 6/25/2023 to be sure it’s received in time
- email it to bzasubmissions@dc.gov
- include the case number (
BZA 20872A) and address (2026 Jackson St. NE) in the subject - including some information about your proximity to the site, or residency within 5B06 or 5C07 if applicable, may help strengthen the weighing of your comments
A template to start might be:
Subject:Letter in (Support/Opposition) of BZA 20872A, 2026 Jackson St. NE
To whom it may concern:
This letter of (support/opposition) is in regard to Board of Zoning Adjustment case 20872, modification of the building previously approved.
I (do not) believe the BZA should grant the change to unit mix and floor plan, because (reasons).
Very respectfully,
(your name)
(your address)
In The Media
There was a writeup about this project on The Hyattsville Wire, where it was covered together with the adjacent project at 3200 22nd.
