599865 Zoning Commission Notice of Public Hearing: Case No. 10-22 (Proposed zoning map amendment to locate previously unzoned property within the R-5-A zone and related zoning text amendment to allow the expansion of an ice rink and construction of ...

ZONING COMMISSION FOR THE DISTRICT OF COLUMBIA

NOTICE OF PUBLIC HEARING

 

TIME AND PLACE:                       Thursday, January 6, 2011, @ 6:30 p.m.  

                                                            Office of Zoning Hearing Room

                                                            441 4^th Street, N.W., Suite 220-South

                                                            Washington, D.C.  20001

 

FOR THE PURPOSE OF CONSIDERING THE FOLLOWING:

 

CASE NO. 10-22 (Proposed zoning map amendment to locate previously unzoned property within the R-5-A zone and related zoning text amendment to allow the expansion of an ice rink and construction of a youth baseball academy in Fort Dupont Park.)

 

THIS CASE IS OF INTEREST TO ANC   7A

 

The Office of Planning (“OP”), in a report dated September 17, 2010, petitioned the Zoning Commission for a map amendment from unzoned to R-5-A for a 15-acre parcel within Fort Dupont Park and related text amendments to the Zoning Regulations, 11 DCMR § 350.  The requested text and map amendments would accommodate the development of an ice rink and baseball academy on the currently unplatted site as a matter-of-right within the R-5-A Zone District.

The Commission set the case down for a public hearing at its regularly scheduled public meeting held on September 27, 2010. The September 17, 2010 OP report also served as the Pre-Hearing submission for this case.

The map amendment is for a 15-acre parcel within Fort Dupont Park (U.S. Reservation 405) which was approved for jurisdictional transfer from the National Park Service (NPS) to the District of Columbia Government in May 2010. The area approved for transfer is within the northern portion of Fort Dupont Park, roughly bounded by Ely Place to the north, Minnesota Avenue S.E. to the west, and Ridge Road to the east.

The R-5-A Zone District is a general residence district which allows a wide range of residential and institutional uses and semi-public buildings to be constructed at a low-density.  Nonresidential uses permitted as-of-right include child development centers, nurseries, museums, hospitals, schools, and public recreation and community centers. 

 

In addition to the map amendment described above, the specific amendments to the text of the Zoning Regulation that will be the subject of the hearing are as follows:

 

Title 11 DCMR, ZONING, Chapter 3, R-2, R-3, R-4, AND R-5 RESIDENCE DISTRICT USE REGULATIONS, Section 350, R-5 DISTRICTS: GENERAL PROVISIONS, § 350.4 would be amended by inserting, in alphabetical order, a new use entitled “Recreation building, park, playground, swimming pool, athletic field, ice rink, or other similar athletic facility, public or private, operated on and using local or federal land and approved by a joint federal-local jurisdictional transfer agreement”, so that the entire provision will read as follows (the text of the proposed new use is codified as paragraph (g) and shown in bold and underlined font :

 

350.4   The following uses shall be permitted as a matter of right in an R-5 District:

 

(a)        Any use permitted in the R-4 District subject to the requirements of § 353;

 

(b)        Child/Elderly development center or adult day treatment facility in R-5-D and R-5-E Districts; provided, that the center shall be limited to no more than twenty-five (25) individuals;

 

(c)        Fire Department Support Facility, communications services only;

 

(d)       Greenhouse or horticultural nursery;

 

(e)        Hotel, only in R-5-B, R-5-C, R-5-D, or R-5-E Districts, in existence as of May 16, 1980, with a valid Certificate of Occupancy or a valid application for a building permit; provided, that the gross floor area of the hotel may not be increased and the total area within the hotel devoted to function rooms, exhibit space, and commercial adjuncts may not be increased. An existing hotel may be repaired, renovated, remodeled, or structurally altered;

 

(f)        Multiple dwellings, subject to the requirements of § 353; provided, that in an apartment house, accommodations may be provided only to residents who stay at the premises a minimum of one month;

 

(g)        Recreation building, park, playground, swimming pool, athletic field, ice rink, or other similar athletic facility, public or private, operated on and using local or federal land and approved by a joint federal-local jurisdictional transfer agreement; subject to the following:

 

(1)               No part of any use is nearer than seventy feet (70 ft.) to the nearest residential structure; 

 

(2)               The uses shall not be organized for profit;

 

(3)               All parking areas shall be shared by all uses on a lot;

 

(4)               All exterior signage, except scoreboards, shall be limited to site

identification only;

 

(5)               No commercial advertising signs shall be permitted outside a building;

 

(6)               Scoreboards shall be installed such that the highest point is no taller than twenty-five feet (25 ft.) above grade; and

 

(7)               Any lighting used to illuminate a park, playground, athletic field, trail or other outdoor space, shall be so arranged that all direct rays of lighting are confined to the boundaries of the lot;

 

(h)        Residence for teachers or staff of private schools;

 

(i)         Temporary surface parking lot accessory to the Ballpark shall be permitted on Square 882 in accordance with § 2110. In the event that the cumulative parking limit established in § 2110.1 (a) is met, additional temporary surface parking spaces accessory to the Ballpark on Square 882 shall be permitted as a special exception use if approved by the Board of Zoning Adjustment pursuant to § 2110.2; and

 

(j)         Youth residential care home, community residence facility, or health care facility for seven (7) to fifteen (15) persons, not including resident supervisors or staff and their families; provided, that there is no property containing an existing community-based residential facility for seven (7) or more persons either in the same square or within a radius of five hundred feet (500 ft.) from any portion of the subject property.

 

Proposed amendments to the Zoning Regulations and Map of the District of Columbia are authorized pursuant to the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797; D.C. Official Code § 6-641.01 et seq.).

 

The public hearing on this case will be conducted as a rulemaking in accordance with the provisions of § 3021.  The Commission will impose time limits on testimony presented to it at the public hearing.

 

All individuals, organizations, or associations wishing to testify in this case should file their intention to testify in writing.  Written statements, in lieu of personal appearances or oral presentations, may be submitted for inclusion in the record.

 

Information should be forwarded to the Secretary of the Zoning Commission, Office of Zoning, Suite 200/210-S, 441 4^th 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 [phone].

 

ANTHONY J. HOOD, KONRAD W. SCHLATER, GREG M. SELFRIDGE, 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.