6056891 Zoning Commission - Case No. 15-18 - Initio LP

ZONING COMMISSION FOR THE DISTRICT OF COLUMBIA

NOTICE OF PUBLIC HEARING

 

TIME AND PLACE:                       Thursday, July 21, 2016 @ 6:30 P.M.

                                                            Jerrily R. Kress Memorial Hearing Room

                                                            441 4^th Street, N.W., Suite 220

                                                            Washington, D.C.  20001

 

 

FOR THE PURPOSE OF CONSIDERING THE FOLLOWING:

 

Z.C. Case No. 15-18 (Initio LP – Consolidated PUD & Related Map Amendment @ Square 1194, Lot 811)

 

THIS CASE IS OF INTEREST TO ANC 2E

 

On July 31, 2015, the Office of Zoning received an application from Initio LP ("Applicant") requesting approval of a consolidated planned unit development ("PUD") and related zoning map amendment from C-2-A/unzoned to the W-2 Zone District for the property located at 2715 Pennsylvania Avenue, N.W. (Square 1194, Lot 811) (“Property”). At its public meeting on April 11, 2016, the Zoning Commission voted to set down the application for a public hearing. The Office of Planning submitted a report to the Zoning Commission dated April 15, 2016.  The Applicant filed its prehearing statement on April 25, 2016. 

 

The Property is an irregularly shaped lot consisting of approximately 7,413 square feet.  It fronts on Pennsylvania Avenue, M Street, and 28^th Street, N.W., and is located in Ward 2, within the boundaries of Advisory Neighborhood Commission (“ANC”) 2E.

 

Pursuant to 11 DCMR § 2401.1(c), this PUD must occupy a land area of 11,500 square feet.  Subsection 2402.2 allows the Commission to waive not more than 50% of the minimum area provided that the Commission, after a hearing, determines that certain stated conditions are met.  A full 50% waiver would still result in a land area less than permitted.  The Applicant, therefore, requested that the Commission waive the 50% limitation.  In support of its waiver request, the Applicant noted that the Commission has adopted a replacement version of Title 11 DCMR (the “2016 Regulations”) that will become effective on September 6, 2016.  The 2016 Regulations will continue to require the same minimum land area for this PUD, but § 301.2 of Subtitle X permits the Commission to waive an unlimited percentage of this requirement provided that the Commission finds after a hearing that certain stated conditions are met. The Applicant relies upon the Commission’s adoption of Subtitle X § 302.1 as the basis for waiving the 50% limitation of § 2402.2.  At its April 11^th public meeting, the Commission decided to setdown this application for a hearing without deciding whether the 50% limitation should be waived, but instead determined that the Applicant must present its case for the waiver at the public hearing, while also demonstrating that the prerequisites of Subtitle X § 301.2 have been met.

 

The Property is currently improved with a gas station with a service bay.  The Applicant proposes to redevelop the Property with a mixed-use building containing approximately 25,947 square feet of gross floor area.  The building will have a restaurant on the ground floor and cellar level and four-story apartment house with seven units above. The proposed development would have a lot occupancy of 74.8%, maximum building height of 60 feet, and a maximum FAR of 3.5.  Off-street parking will not be constructed, but there will be a through driveway for deliveries, trash collection and resident/guest drop off.

 

The 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.   If you are still unsure of what it means to participate as a party and would like more information on this, please contact the Office of Zoning at [e-mail] or at [phone]. 

 

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) 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).

 

All individuals, organizations, or associations wishing to testify in this case are encouraged to inform the Office of Zoning their intent to testify prior to the hearing date.  This can be done by mail sent to the address stated below, e-mail ([e-mail]), or by calling [phone]. 

 

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.

 

Written statements, in lieu of oral testimony, may be submitted for inclusion in the record.  The public is encouraged to submit written testimony through the Interactive Zoning Information System (IZIS) at http://app.dcoz.dc.gov/Login.aspx; however, written statements may also be submitted by mail to 441 4^th Street, N.W., Suite 200-S, Washington, DC 20001; by e-mail to [e-mail]; or by fax to [phone].   Please include the case number on your submission.  FOR FURTHER INFORMATION, YOU MAY CONTACT THE OFFICE OF ZONING AT [phone].

 

ANTHONY J. HOOD, MARCIE I. COHEN, ROBERT 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.