1256070 Zoning Commission Notice of Public Hearing: Case No. 11-09 (Duball Petworth, LLC -- Consolidated Planned Unit Development and Related Map Amendment @ Square 2905)  

  • ZONING COMMISSION FOR THE DISTRICT OF COLUMBIA

    NOTICE OF PUBLIC HEARING

     

    TIME AND PLACE:                       Thursday, September 15, 2011, @ 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:

     

    Z.C. CASE NO.  11-09 (Duball Petworth, LLC -- Consolidated Planned Unit Development and Related Map Amendment @ Square 2905)

     

    THIS CASE IS OF INTEREST TO ANC 4C

     

    On April 4, 2011, the Office of Zoning received an application from Duball Petworth, LLC, on behalf of Safeway, Inc. (collectively, the "Applicant").  The Applicant is requesting approval of a consolidated planned unit development ("PUD") and related map amendment for the property located at 3830 Georgia Avenue, N.W., which is more particularly described as Lots 808 and 809, including an alley to be closed, in Square 2905 (the "Property").  The Office of Planning provided its report to the Zoning Commission, dated May 13, 2011, and the case was set down for hearing by the Zoning Commission on May 23, 2011.  The Applicant provided its prehearing statement on June 1, 2011.

     

    The purpose of the PUD and map amendment is to permit the redevelopment of the Property with a mixed-use project consisting of a grocery store and a five-story multifamily residential building above. 

     

    The Property consists of approximately 68,118 square feet located at the southwest corner of the intersection of Georgia Avenue and Randolph Street, N.W.  It is currently improved with a Safeway grocery store and a paved parking lot for the grocery store customers.  The Property is located is within the Georgia Avenue Commercial (GA) Overlay District and is split-zoned R-4 (Lot 808) and GA/C-3-A (Lot 809).  Through the requested map amendment, all of the Property would be zoned to the GA/C-3-A Zone District.  

     

    The proposed grocery store will have approximately 64,000 square feet of floor area.  The apartment building above will have a gross floor area of approximately 211,540 square feet and contain approximately 220 dwelling units. Additionally, the PUD will have one level of underground parking with approximately 84 parking spaces for the grocery store, and a second level of underground parking for residents of the apartment building at a ratio of .6 space per dwelling unit. The proposed development will have a maximum density of 4.5 FAR and a maximum building height of approximately 80 feet. 

     

    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 fourteen (14) days prior to the date set for the hearing, a written statement containing the following information:


                (a)        The person’s name, address, and daytime telephone number;

                (b)        A request to appear and participate as a party;

                (c)        Whether the person will appear as a proponent or opponent of the application;

                (d)       Whether the person will appear through legal counsel, and if so, the name and address of legal counsel;

                (e)        A list of witnesses who will testify on the person’s behalf;

                (f)        A summary of the testimony of each witness;

                (g)        An indication of which witnesses will be offered as expert witnesses, the areas of expertise in which any experts will be offered, and the resumes or qualifications of the proposed experts;

                (h)        The total amount of time being requested to present their case; and

    (i)         A written statement setting forth why the person should be granted party status, including reference to the following:

                            (1)     The property owned or occupied by the person, or in which the person has an interest, that will be affected by the action requested of the Commission;

                            (2)     The legal interest the person has in said property, such as owner, tenant, trustee, or mortgagee;

                            (3)     The distance between the person's property and the property that is the subject of the application before the Commission;

                            (4)     The economic, social, or other impacts likely to affect the person and/or the person’s property if the action requested of the Commission is approved or denied; and

                            (5)     An explanation of how the person’s interest as identified in response to paragraph (4) would likely be more significantly, distinctively, or uniquely affected in character or kind by the proposed zoning action than those of other persons in the general public.

     

    The Applicant shall also provide the information indicated in (e) through (h) to the extent that the information is not contained in the Applicant's prehearing submission as required by 11 DCMR § 3013.1. 

     

    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 (e) through (h) above.

     

    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, KONRAD W. SCHLATER, GREG M. SELFRIDGE, PETER G. MAY, AND MICHAEL G. TURNBULL -------- ZONING COMMISSION FOR THE DISTRICT OF COLUMBIA, BY JAMISON L. WEINBAUM, DIRECTOR, AND BY SHARON S. SCHELLIN, SECRETARY TO THE ZONING COMMISSION.