699484 Zoning Commission Notice of Proposed Rulemaking: Case No. 10-22 (Map and Text Amendments to Allow the Expansion of an Ice Rink and Construction of a Youth Baseball Academy in Fort Dupont Park)
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ZONING COMMISSION FOR THE DISTRICT OF COLUMBIA
NOTICE OF PROPOSED RULEMAKING
Z.C. Case No. 10-22
(Map and Text Amendments to Allow the Expansion of an Ice Rink and Construction of a Youth Baseball Academy in Fort Dupont Park)
The Zoning Commission for the District of Columbia, pursuant to its authority under § 1 of the Zoning Act of June 20, 1938 (52 Stat. 797; D.C. Official Code § 6-641.01), hereby gives notice of its intent to amend the Zoning Map, and § 350 of the Zoning Regulations (DCMR Title 11). If adopted, the amendments would accommodate development of an ice rink and a baseball academy on a currently unplatted site in Fort Dupont Park. The map amendment rezones from unzoned to the R-5-A Zone District a 15-acre parcel within Fort Dupont Park (U.S. Reservation 405) which was approved for jurisdictional transfer from the National Park Service to the District of Columbia Government in May 2010 (“site”). The site 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 text amendment adds a new paragraph to § 350 of the Zoning Regulations to permit this type of use as a matter of right in the R-5 Zone District and less restrictive Zone Districts subject to certain limitations.
Final rulemaking action shall be taken in not less than 30 days from the date of publication of this notice in the D.C. Register.
The following amendments to the Zoning Map and the Zoning Regulations (Title 11 DCMR) are proposed:
The Zoning Map is amended by including the unzoned portion of U.S. Reservation 405 depicted in the Surveyor’s plat attached as Exhibit 4 to the report submitted by the Office of Planning dated December 27, 2010, and marked as Exhibit 4 of the official record in Zoning Commission Case No. 10-22 in the R-5-A Zone District.
Title 11 DCMR, ZONING, Chapter 3, R-2, R-3, R-4, AND R-5 RESIDENCE DISTRICT USE REGULATIONS, § 350, R-5 DISTRICTS: GENERAL PROVISIONS, § 350.4 is 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)):
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) Scoreboards shall be installed such that the highest point is no taller than twenty-five feet (25 ft.) above grade; and
(5) Any lighting used to illuminate a park, playground, athletic filed, 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;
(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;
All persons desiring to comment on the subject matter of this proposed rulemaking action should file comments in writing no later than thirty (30) days after the date of publication of this notice in the D.C. Register. Comments should be filed with Sharon Schellin, Secretary to the Zoning Commission, Office of Zoning, 441 4th Street, N.W., Suite 200-S, Washington, D.C. 20001. Copies of this proposed rulemaking action may be obtained at cost by writing to the above address.
