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ZONING COMMISSION FOR THE DISTRICT OF COLUMBIA
NOTICE OF PUBLIC HEARING
TIME AND PLACE: Thursday, February 11, 2010, 6:30 p.m. (2nd Case)
Office of Zoning Hearing Room
441 4th Street, N.W., Suite 220-South
Washington, D.C. 20001
FOR THE PURPOSE OF CONSIDERING THE FOLLOWING:
CASE NO. 09-15 (G.K.D. 1412 Chapin Street, LLC – Consolidated PUD and Related Map Amendment @ Square 2661, Lot 152)
THIS CASE IS OF INTEREST TO ANC 1B
On September 25, 2009, the Office of Zoning received an application from G.K.D. 1412 Chapin Street, LLC, et al. (the “Applicant”) for approval of a consolidated PUD and related map amendment for the above-referenced property to rezone the subject property from the R-5-B Zone District to the C-2-B Zone District. The Office of Planning provided its report on October 30, 2009, and the case was set down for hearing on November 9, 2009. The Applicant provided its prehearing statement on December 2, 2009.
The property that is the subject of this application consists of approximately 9,000 square feet of land area and is located at 1412 Chapin Street, N.W. (Square 2661, Lot 152). The subject property is zoned R-5-B.
The Applicant proposes to construct a 48,258 square-foot building with five stories (57 feet in height), that will provide 44 units of workforce housing (defined here as housing affordable to families earning no more than 60% of Area Median Income. The density of the building will be a 5.36 floor area ratio (“FAR”) and the lot occupancy will be up to 100% on the ground floor. The project will provide 16 vehicle parking spaces, one loading/delivery space, and 41 bicycle parking spaces in an indoor garage.
The Applicant proposes to rezone the subject property from the R-5-B Zone District to the C-2-B Zone District. The R-5-B Zone District permits all types of urban residential development of a moderate height and density, as well as those institutional and semi-public buildings that would be compatible with adjoining residential uses and that are excluded from the more restrictive Residence Districts. With some exceptions, the maximum permitted height in the R-5-B Zone District is 50 feet, the maximum permitted lot occupancy is 60%, and the maximum density is 1.8 FAR. The proposed C-2-B Zone District permits mixed residential and commercial development as a matter-of-right, to a maximum lot occupancy of 80% for residential use, a maximum density of 3.5 FAR, of which no more that 1.5 may be devoted to other than residential uses, and a maximum height of 90 feet. Under Chapter 24, the guideline for height in a PUD is 90 feet and the guideline for density is 6.0 FAR, of which no more than 2.0 may be commercial.
This public hearing will be conducted in accordance with the contested case provisions of the Zoning Regulations, 11 DCMR § 3022.
How to participate as a witness.
Interested persons or representatives of organizations may be heard at the public hearing. The Commission also requests that all witnesses prepare their testimony in writing, submit the written testimony prior to giving statements, and limit oral presentations to summaries of the most important points. The applicable time limits for oral testimony are described below. Written statements, in lieu of personal appearances or oral presentation, may be submitted for inclusion in the record.
How to participate as a party.
Any person who desires to participate as a party in this case must so request and must comply with the provisions of 11 DCMR § 3022.3.
A party has the right to cross-examine witnesses, to submit proposed findings of fact and conclusions of law, to receive a copy of the written decision of the Zoning Commission, and to exercise the other rights of parties as specified in the Zoning Regulations.
Except for the affected ANC, any person who desires to participate as a party in this case must clearly demonstrate that the person’s interests would likely be more significantly, distinctly, or uniquely affected by the proposed zoning action than other persons in the general public. Persons seeking party status shall file with the Commission, not less than fourteen (14) days prior to the date set for the hearing, a written statement containing the following information:
(a) The person’s name, address, and daytime telephone number;(b) A request to appear and participate as a party;
(c) Whether the person will appear as a proponent or opponent of the application;
(d) Whether the person will appear through legal counsel, and if so, the name and address of legal counsel;
(e) A list of witnesses who will testify on the person’s behalf;
(f) A summary of the testimony of each witness;
(g) An indication of which witnesses will be offered as expert witnesses, the areas of expertise in which any experts will be offered, and the resumes or qualifications of the proposed experts;
(h) The total amount of time being requested to present their case; and
(i) A written statement setting forth why the person should be granted party status, including reference to the following:
(1) The property owned or occupied by the person, or in which the person has an interest, that will be affected by the action requested of the Commission;
(2) The legal interest the person has in said property, such as owner, tenant, trustee, or mortgagee;
(3) The distance between the person's property and the property that is the subject of the application before the Commission;
(4) The economic, social, or other impacts likely to affect the person and/or the person’s property if the action requested of the Commission is approved or denied; and
(5) An explanation of how the person’s interest as identified in response to paragraph (4) would likely be more significantly, distinctively, or uniquely affected in character or kind by the proposed zoning action than those of other persons in the general public.
The Applicant shall also provide the information indicated in (e) through (h) to the extent that the information is not contained in the Applicant's prehearing submission as required by 11 DCMR § 3013.1.
If an affected Advisory Neighborhood Commission (ANC) intends to participate at the hearing, the ANC shall submit the written report described in § 3012.5 no later than seven (7) days before the date of the hearing. The report shall also contain the information indicated in (e) through (h) above.
Time limits.
The following maximum time limits for oral testimony shall be adhered to and no time may be ceded:
1. Applicant and parties in support 60 minutes collectively
2. Parties in opposition 60 minutes collectively
3. Organizations 5 minutes each
4. Individuals 3 minutes each
Pursuant to § 3020.3, the Commission may increase or decrease the time allowed above, in which case, the presiding officer shall ensure reasonable balance in the allocation of time between proponents and opponents.
Information should be forwarded to the Secretary of the Zoning Commission, Office of Zoning, Suite 200/210-S, 441 4th Street, N.W., Washington, D.C. 20001. Please include the number of the particular case and your daytime telephone number. FOR FURTHER INFORMATION, YOU MAY CONTACT THE OFFICE OF ZONING AT (202) 727-6311.
ANTHONY J. HOOD, WILLIAM W. KEATING, III, KONRAD W. SCHLATER, PETER G. MAY, AND MICHAEL G. TURNBULL -------- ZONING COMMISSION FOR THE DISTRICT OF COLUMBIA, BY JAMISON L. WEINBAUM, DIRECTOR, AND BY SHARON S. SCHELLIN, SECRETARY TO THE ZONING COMMISSION.
