2485836 Zoning Commission Notice of Public Hearing: Case No. 06-08C (Fort Lincoln Gateway Village, LLC)
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ZONING COMMISSION FOR THE DISTRICT OF COLUMBIA
NOTICE OF PUBLIC HEARING
TIME AND PLACE: Thursday, July 19, 2012, @ 6:30 P.M.
Office of Zoning Hearing Room
441 4th Street, N.W., Suite 220-South
Washington, D.C. 20001
FOR THE PURPOSE OF CONSIDERING THE FOLLOWING:
CASE NO. 06-08C: (Fort Lincoln Gateway Village, LLC – Modification to Planned Unit Development @ Square 4325, Parcel 173/145)
THIS CASE IS OF INTEREST TO ANC 5A
On March 15, 2012, the Office of Zoning received an application from Fort Lincoln Gateway Village, LLC, requesting a modification of an approved Consolidated Planned Unit Development (“PUD”) for property located in Ward 5 in Square 4325, Parcel 173/145. The property is bound by Fort Lincoln Drive, N.E. to the west and south, Fort Lincoln Drive North to the east, and Commodore Joshua Barney Drive, N.E. to the north. The Applicant characterized the modification as being minor and therefore requested that it be decided without a hearing as is permitted under the Commission’s Consent Calendar procedures set forth at 11 DCMR § 3030. At the April 9, 2012 Zoning Commission Public Meeting, the Commission removed this modification application (ZC Case No. 06-08C) from the Consent Calendar and voted 5-0-0 to set this modification application down for a public hearing.
The Commission issued Z.C. Order No. 06-08 on November 19, 2007. Z.C. Order No. 06-08 approved the Village at Washington Gateway project, which initially consisted of 357 residential units (consisting of townhouses and two-over-two townhouse condominiums) in the Fort Lincoln neighborhood of Ward 5. Thereafter, the Applicant submitted a minor modification application to the Commission which was approved in Z.C. Order No. 06-08A (issued May 16, 2008). On October 15, 2009, the Applicant submitted a modification request that: reduced the total number of residential units from 357 to 334 units; requested a return to the original PUD approval of having consistent townhouse widths in each string of townhouses; increased the amount of greenspace; and requested approval of a phased development timeline. That modification request was approved in Z.C. Order No. 06-08B (issued April 30, 2010).
The Applicant is proposing modifications to the approved workforce affordable housing component of the approved PUD project and requests flexibility regarding the mix of residential unit types in the project. The Applicant is requesting three areas of flexibility from the approved affordable housing component of the PUD project. The first area of flexibility applies to the group of people to whom the Applicant is able to market these units. The second area of flexibility is the type of residential unit that can be used to satisfy the affordable housing component. The final area of flexibility relates to the term of affordability for these units. The Applicant requests the flexibility to replace some or all of the two-over-two townhouse condominium units approved for Phases II and III, with 16 foot and 24/22 foot townhome types.
The public hearing for this case will be conducted in accordance with the contested case provisions of the Zoning Regulations, 11 DCMR § 3022. Pursuant to 11 DCMR 2409.9, the proposed modification must meet the requirements for and be processed as a second-stage application.
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 fourteen (14) days prior to the date set for the hearing, a Form 140 f Party Status Application, a copy of which is attached hereto. This form may also 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.
To the extent that the information is not contained in the Applicant’s pre-hearing 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 also 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 200/210-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, PETER G. MAY, AND MICHAEL G. TURNBULL -------- ZONING COMMISSION FOR THE DISTRICT OF COLUMBIA, BY SARAH A. BARDIN, DIRECTOR, AND BY SHARON S. SCHELLIN, SECRETARY TO THE ZONING COMMISSION.
