4298087 Zoning Commission Notice of Rescheduled Public Hearing: Case No. 13-02 (Jemal's Hecht's, LCC)
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ZONING COMMISSION FOR THE DISTRICT OF COLUMBIA
NOTICE OF RESCHEDULED[1] PUBLIC HEARING
TIME AND PLACE: Monday, June 3, 2013, @ 6:30 p.m.
Jerrily R. Kress Memorial Hearing Room
441 4th Street, N.W., Suite 220-South
Washington, D.C. 20001
FOR THE PURPOSE OF CONSIDERING THE FOLLOWING:
CASE NO. 13-02 (Jemal's Hecht's, LLC – Map Amendment @ Square 4037)
THIS CASE IS OF INTEREST TO ANC 5D
On January 16, 2013, the Office of Zoning received an application from Jemal's Hecht's, LLC (“Applicant”), requesting approval of map amendment to rezone the eastern portion of its property at 1401-1535 New York Avenue, N.E., Washington, D.C., (Square 4037, Lots 7 and 804) from the C-M-2 to the C-M-3 Zone District. The Office of Planning provided its report on February 13, 2013, and the case was set down for hearing on February 25, 2013. The Applicant provided its prehearing statement on March 11, 2013.
The property that is the subject of this application consists of approximately a total land area of 384,361 square feet, or approximately 8.8 acres and is located on the south side of New York Avenue, N.E., and is bounded by Fenwick Street, N.E., on the west, Okie Street, N.E., on the south and 16th Street, N.E., on the east. Only the eastern portion of the site is proposed for rezoning, as shown on Exhibit 3B to the record.
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 14 days prior to the date set for the hearing, a Form 150 – Party Status Application. This form may be obtained from the Office of Zoning at the address stated below or downloaded from the Office of Zoning’s website at: www.dcoz.dc.gov. Any documents or materials to be filed in this case must be submitted online using the Interactive Zoning Information System ("IZIS"), which may be accessed through the Office of Zoning website.
To the extent that the information is not contained in the Applicant's prehearing submission as required by 11 DCMR § 3013.1, the Applicant shall also provide this information not less than 14 days prior to the date set for the hearing.
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 contain the information indicated in § 3012.5 (a) through (i).
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 responsive to this notice should be forwarded to the Director, Office of Zoning, Suite 200-S, 441 4th Street, N.W., Washington, D.C. 20001. 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
[1] At a Special Public Meeting held on April 18, 2013, the Commission granted a rescheduling of the hearing from May 23rd to June 3rd and a publication period of 38 days instead of 40 days.
