3736651 Zoning Commission Notice of Final Rulemaking & Order No. 12-04 (Map Amendment @ Fort Stanton Recreation Center)
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ZONING COMMISSION FOR THE DISTRICT OF COLUMBIA
NOTICE OF FINAL RULEMAKING
AND
ZONING COMMISSION ORDER NO. 12-04
Z.C. Case No. 12-04
(Map Amendment – 11 DCMR)
(Fort Stanton Recreation Center)
September 10, 2012
The Zoning Commission for the District of Columbia (“Commission), pursuant to its authority under § 1 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797, 798; D.C. Official Code § 6-641.01) (2008 Repl.) hereby gives notice of adoption of the following amendment to the Zoning Map incorporated into the Zoning Regulations of the District of Columbia (Title 11, DCMR). A Notice of Proposed Rulemaking was published in the D.C. Register on May 18, 2012, at 59 DCR 5236. The amendments shall become effective upon the publication of this notice in the D.C. Register.
The amendment rezones the Fort Stanton Recreation Center Site, comprised of Square 5749, Lot 1 and a portion of both Square 5818 and U.S. Reservation 412 transferred for use as a District recreation center, from unzoned to the R-5-A Zone District.
Procedures Leading to Adoption of Amendment
On May 4, 2012, the Office of Planning (“OP”) filed a report that served as a petition requesting this map amendment, that the Commission take emergency action to adopt the amendment, and further requesting the Commission authorize immediate publication of a notice of proposed rulemaking. The Commission voted to set down the proposal for hearing, took emergency action to approve the map amendment, and authorized publication of the notice of proposed rulemaking at its May 14, 2012 public meeting.
A public hearing was scheduled for and held on July 19, 2012, after which the Commission authorized the referral of the proposed text to the National Capital Planning Commission (“NCPC”).
NCPC, through a delegated action dated September 6, 2012, found that the proposed map amendment would not adversely affect the identified federal interests, nor be inconsistent with the Comprehensive Plan for the National Capital. (Exhibit No. 12.)
The Notice of Proposed Rulemaking was published in the D.C. Register on May 18, 2012, 59 DCR 5236, for a 30-day notice and comment period. No comments were received.
At a properly noticed September 10, 2012 public meeting, the Commission took final action to adopt the following map amendment: The only change from the amendment as stated in the notice of proposed rulemaking is additional language noting that the portions of Square 5818 and Reservation 512 that are the subject of the amendment are depicted on an attached metes and bounds survey.
Square 5749, Lot 1, a portion of Square 5818, and the portion of U.S. Reservation 412 transferred for use as a District Recreation Center, currently unzoned, is zoned in the R-5-A Zone District. The portions of Square 5818 and Reservation 512 that are the subject of this amendment are depicted on the attached metes and bounds survey, which also describes the entire area to be rezoned.
On July 19, 2012, upon the motion of Commissioner May, as seconded by Commissioner Cohen, the Zoning Commission APPROVED the petition at the close of its public hearing by a vote of 4-0-1 (Anthony J. Hood, Marcie I. Cohen, Peter G. May, and Michael G. Turnbull to approve; 3rd Mayoral appointee position vacant, not voting).
On September 10, 2012, upon the motion of Chairman Hood, as seconded by Vice Chairman Cohen, the Zoning Commission ADOPTED this Order at its public meeting by a vote of 4-0-1 (Anthony J. Hood, Marcie I. Cohen, Peter G. May, and Michael G. Turnbull to adopt; 3rd Mayoral appointee position vacant, not voting).
In accordance with the provisions of 11 DCMR § 3028.9, this Order shall become effective upon publication in the D.C. Register; that is on October 12, 2012.
DESCRIPTION
FORT STANTON RECREATION CENTER
PART OF U.S. RESERVATION 412
DISTRICT OF COLUMBIA
Being land known as Fort Stanton Recreation Center, a part of U.S. Reservation 412, District of Columbia, as shown on a Transfer of Jurisdiction, per plat thereof recorded November 7, 1972, among the Records of the Office of the Surveyor of the District of Columbia in Subdivision Book 158 at Page 34 said land being more particularly described as follows:
Beginning for the same at a point on the north line of Erie Street, S.E., said point being located 46.85 feet East of the Northeast intersection of Morris Road, S.E. and Erie Street, S.E. thence leaving Erie Street and crossing to include a part of U.S. Reservation 412;
1. Due North, 268.24 feet to a point, thence;
2. Due East, 163.74 feet to a point, thence;
3. North 2°41’20” East 184.46 feet to a point, thence;
4. North 9°46’35” West 508.91 feet to a point, thence;
5. North 80°13’25” East, 132.00 feet to a point, thence;
6. South 87°12’20”East, 175.53 feet to a point, thence;
7. South 30°46’l0” East, 48.87 feet to a point, thence;
8. South 48°00’l0” East, 41.58 feet to a point, thence;
9. South 59°56’40” East, 38.72 feet to a point, thence;
10. South 83°12’50” East, 108.06 feet to a point, thence;
11. South 63°17’00” East, 11.87 feet to a point, thence;
12. South 25°30’00”West, 134.00 feet to a point, thence;
13. South 17°55’40” West, 121.63 feet to a point, thence;
14. South 19°47’20” East, 454.14 feet to a point, thence;
15. South 40°58’ l0” East, 40.25 feet to a point, thence;
16. South 44°00’00” East, 231.03 feet to a point on the aforesaid north line of Erie Street, S.E, thence with said line;
17. Due West, 844.24 feet to the point of beginning containing an area of 476,191 square feet or 10.1398 acres, as now described by Maddox Engineers & Surveyors, Inc. in September 2012, Job No. 10117
