The D.C. Zoning Commission on Thursday approved — again — the 2.1 million-square-foot redevelopment of the 25-acre, District-owned McMillan Sand Filtration Plant, but the fight to preserve the historic property likely is not over.
The $720 million mixed-use project led by Vision McMillan Partners — a team led by EYA, Trammell Crow and Jair Lynch Real Estate Partners — has largely stalled since December. That month, the D.C. Court of Appeals ruled that the Zoning Commission's previous approval of the development plan did not adequately address issues related to the environment, land values, open space, building height and increased demand for public services, as well as the project's conformance with the Comprehensive Plan.
The court ordered the commission and the mayor's agent (the individual designated to hear historic preservation appeals) to better explain their decisions, and it put the burden of proof on the development team to show that its plans will not adversely affect the community. The court order came just one day after a ceremonial groundbreaking was held for the project.
Thursday's move forward in the case came after a very quick meeting. There was not much discussion among the zoning commissioners, who had gone through the applicants' response on a point-by-point basis at a June 29 meeting. The vote does not clear the way for work to resume on the site bounded by North Capitol Street, First Street, Channing Street and Michigan Avenue NW. There is still a mayor’s agent hearing on the case scheduled for Monday, and the commission still has to pen a final, detailed order justifying its actions.
Andrea Ferster, attorney for Friends of McMillian Park, which filed the lawsuit in 2015 challenging the original commission ruling, told the Washington Business Journal she was not surprised by the panel's decision. The friends group, she said, may appeal again.
“We fully expected the Zoning Commission would rubber stamp the applicants’ request as they have in the past,” Ferster said. “There has been no change in that the Zoning Commission did not adequately respond. We have to wait until the written order is issued, and at that point we will have a better understanding of the Zoning Commission’s reasoning."
VMP's plan calls for roughly 1 million square feet of medical office space developed by Trammell Crow, 531 apartments and a 52,000-square-foot Harris Teeter developed by Jair Lynch, and 146 townhouses from EYA. There will be 134 units of affordable housing as well as a “walking museum,” a plaza and a playground.
Trammell Crow representatives declined to comment on the ruling. Jair Lynch did not return calls.
The District's role in the project is to develop an 8-acre central park and a 17,500-square-foot community center, as well as prepare the overall site for vertical construction. The latter is expected to take about two years. The D.C. Council previously set aside $70 million for the work.
"The approval by the Zoning Commission moves us closer to bringing needed jobs, affordable housing, retail amenities and green space to the Ward 5 community,” Chanda Washington, spokeswoman for the D.C. Deputy Mayor for Planning and Economic Development, said in a statement.