4679297 Zoning Commission Second Notice of Public Hearing: Case No. 13-07 (David Belt - Map Amendment @ Square 5081, Lots 11-22, 52, and 804-806)
-
ZONING COMMISSION FOR THE DISTRICT OF COLUMBIA
SECOND NOTICE OF PUBLIC HEARING
TIME AND PLACE: Thursday, February 20, 2014, @ 6:30 p.m.
Jerrily R. Kress Memorial Hearing Room
441 4th Street, N.W. Suite 220-S
Washington, D.C. 20001
FOR THE PURPOSE OF CONSIDERING THE FOLLOWING:
CASE NO. 13-07 (Zoning Consistency Map Amendment to a Portion of Square 5081 from the C-3-A Zone District to the R-5-B Zone District (Lots 11-22, 804, 805, and 806) and the R-5-C Zone District (Lot 52))
THIS CASE IS OF INTEREST TO ANC 7F
On April 19, 2013, the Office of Zoning received a petition (“the Petition”) from David P. Belt (the “Petitioner”) for a map amendment to rezone Lots 11-22, 52, 804, 805, and 806 in Square 5081 (“Subject Property”) from the C-3-A to the R-1-B District. The Office of Planning in its report dated June 28, 2013 instead recommended an amendment to the R-5-A District. The Zoning Commission at its public meeting held July 8, 2013 set down the Petition as an amendment to the R-5-A District only.
The Commission held a hearing on September 26, 2013 to consider the rezoning. At the hearing, the contract purchaser of Lot 52 in Square 5081 (3962-4000 Benning Road, N.E.) testified that the rezoning would not permit its planned new use of the property as a 71 unit affordable housing project. In light of that and other testimony, the Commission requested that OP prepare a supplemental report that took into account all the circumstances surrounding this case, for Zoning Commission consideration at its October 21, 2013 regularly scheduled public meeting.
OP submitted a supplemental report on October 7, 2013 and recommended dismissal of the Petition principally because 60% of the Subject Property was owned by persons who opposed the rezoning proposed. The Petitioner objected to that recommendation in a response submitted on October 15, 2013.
The Commission considered these filings at its October 21, 2013 public meeting. The Commission stated its discomfort at dismissing a petition intended to reconcile existing zoning with the Comprehensive Plan, but also did not favor keeping its setdown in effect, since this would require that all future building permit applications be processed as if the R-5-A zoning were in place pursuant to § 3202.5(b). The Commission, therefore, voted to rescind its setdown and asked OP to submit a second preliminary report with an alternative recommendation for rezoning the Subject Property.
The Petitioner submitted his recommendation on November 5, 2013, and OP submitted its second preliminary report on November 8, 2013. The Petitioner recommended an amendment to the R-5-B Zone District for the entire Subject Property while OP recommended R-5-A zoning for Lots 11-22, 804, 805, and 806 and R-5-C zoning for Lot 52. OP also indicated that it had no objection to all but Lot 52 being rezoned to R-5-B. In its testimony to the Commission at the public meeting, OP indicated that it was withdrawing its R-5-A recommendation for Lots 11-22, 804, 805, and 806 and was now only recommending R-5-B.
At its November 18, 2013 public meeting, the Commission set down OP’s proposal for a public hearing. The Petitioner submitted a supplemental filing on December 11, 2013.
The Subject Property has an approximate land area of 59,800 square feet (1.33 acre). This portion of Square 5081 is abutted by a public alley 16 feet wide along northern (rear) and eastern (side) perimeters, and Benning Road and 39th Street along the southern (front) and western (side) perimeters, respectively, in Northeast Washington, D.C. Lot 52 is located on the eastern end of the Subject Property and has a land area of approximately 25,000 square feet.
The R-5 Zone Districts are designed to permit all types of urban residential development that conform to certain height, density, and area requirements; and proposed residential development, not consisting of one-family detached or semi-detached dwellings, is subject to special exception review. In the R-5-B Zone District moderate height and density are permitted. In the R-5-C Zone District, medium height and density are permitted.
The following amendment to the Zoning Map is proposed.
1. Rezone Lots 11-22, 804, 805, and 806 in Square 5081 from the C-3-A to the R-5-B Zone District; and
2. Rezone Lot 52 in Square 5081 from the C-3-A to the R-5-B Zone District.
Proposed amendments to the Zoning Map of the District of Columbia authorized pursuant to the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797; D.C. Official Code § 6-646.01 et seq.).
The public hearing on this case will be conducted as a rulemaking in accordance with the provisions of § 3021 of the District of Columbia Municipal Regulations, Title 11, Zoning.
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 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-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.
FOR FURTHER INFORMATION, YOU MAY CONTACT THE OFFICE OF ZONING AT (202) 727-6311.
ANTHONY J. HOOD, MARCIE I. COHEN, ROBERT E. MILLER, PETER G. MAY, AND MICHAEL G. TURNBULL -------- ZONING COMMISSION FOR THE DISTRICT OF COLUMBIA, BY SARA A. BARDIN, DIRECTOR, AND BY SHARON S. SCHELLIN, SECRETARY TO THE ZONING COMMISSION.
