4318457 Zoning Commission Notice of Public Hearing: Case No. 05-36G (CASCO, Inc. & K Street Developers, LLC)
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ZONING COMMISSION FOR THE DISTRICT OF COLUMBIA
NOTICE OF PUBLIC HEARING
TIME AND PLACE: Thursday, June 27, 2013, @ 6:30 P.M.
Jerrily R. Kress Memorial Hearing Room
441 4th Street, NW, Suite 220
Washington, D.C. 20001
FOR THE PURPOSE OF CONSIDERING THE FOLLOWING:
CASE NO. 05-36G (CASCO, Inc. & K Street Developers, LLC - Modification of Previously-Approved PUD and Related Zoning Map Amendment @ Square 749)
THIS CASE IS OF INTEREST TO ANC 6C
On September 14, 2012, the Office of Zoning received an application from CASCO Inc. and K Street Developers, LLC, to modify an approved planned unit development (“PUD”) to include additional land in Square 749 into the multi-phase project in order to construct approximately 41 additional dwelling units, for a total of approximately 750 residential units across the entire PUD. On September 14, 2012, the Office of Zoning also received an application from CASCO, Inc. for a related Zoning Map amendment to rezone Lots 31, 804, and 805 in Square 749 from C‑2-B to C-3-C. The Office of Planning provided its report to the Zoning Commission on October 19, 2012, recommending that the Commission schedule a public hearing on the applications and requesting additional details. At its November 14, 2012 public meeting, the Commission set the applications for public hearing. As part of its prehearing submission of materials filed with the Office of Zoning on April 9, 2013, the PUD modification and Zoning Map amendment applications were supplemented to include Lot 830 in Square 749, measuring approximately 249 square feet, which was created as a result of the closure of a small stub alley in Square 749.
The applications regard modification of a PUD first approved by the Commission in 2006, pursuant to Z.C. Order No. 05-36, which has been extended and amended by subsequent Commission approvals. The property now included in the PUD, Lot 67 in Square 749 occupies the entirety of Square 749, with a lot area of approximately 101,000 square feet. Square 749 is bounded by 2nd Street, N.E., L Street, N.E., 3rd Street, N.E., and K Street, N.E. Lot 67 has been divided for assessment and taxation purposes into Lots 826, 827, and 828, with separate ownership interests.
The PUD involved construction of a multi-phase apartment house development around an outdoor central plaza, with a total of approximately 712 dwelling units, including approximately 78 units dedicated for affordable housing, ground floor retail, and daycare uses, with a total gross floor area of approximately 850,000 square feet. Of the total development, the first phase, which has been constructed, includes approximately 202 dwelling units and 3,700 square feet of retail uses. Phase II of the PUD, which has not yet been constructed, was approved for 500 dwelling units, approximately 14,000 square feet of retail uses and a 3,500 square foot daycare facility. The Commission granted approval, pursuant to Z.C. Order No. 05-36E, for Phase II to be constructed in two sub-phases.
The present applications seek to modify the PUD in order to add a third phase to the PUD on land adjacent to Lot 67 in Square 749, namely, four lots in the northeast corner of Square 749 (Lots 31, 804, 805, and 830), which properties are owned by CASCO, Inc., and total approximately 5,295 square feet in land area. Phase II of the PUD is to be constructed on the portions of Lot 67 known for assessment and taxation purposes as Lots 826 and 827. Phase I of the PUD is located on that portion of Lot 67 known for assessment and taxation purposes as Lot 828, owned by Union Place Phase I, LLC, which entity is not a party to the present modification application. CASCO, Inc. has filed a related Zoning Map amendment application to rezone its property, Lots 31, 804, 805, and 830 in Square 749, from C-2-B to C-3-C, consistent with the zoning for Lot 67 and the PUD.
The proposed third phase will be a free-standing seven-story apartment house, totaling approximately 41 dwelling units, including a number of dedicated affordable units, and 34,293 square feet of gross floor area. No automobile parking is proposed to be provided in this third phase. As part of the request for modification of the PUD, flexibility is also requested to provide a rear yard not meeting the setback requirements of 11 DCMR 774.1.
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 140 – Party Status Application, a copy of which may be downloaded from the Office of Zoning’s website at: http://dcoz.dc.gov/services/app.shtm. This form may also be obtained from the Office of Zoning at the address stated below.
If an affected Advisory Neighborhood Commission (ANC), pursuant to 11 DCMR 3012.5, intends to participate at the hearing, the ANC shall submit the information cited in § 3012.5 (a) through (i). The written report of the ANC shall be filed no later than seven (7) days before the date of the hearing.
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. Please include the number of this particular case and your daytime telephone number.
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.