288883 Zoning Commission Notice of Public Hearing: Case No. 10-03 (Parcel Seven Associates, LLC)  

  • ZONING COMMISSION FOR THE DISTRICT OF COLUMBIA

    NOTICE OF PUBLIC HEARING

     

    TIME AND PLACE:                       Monday, July 19, 2010, @ 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.  10-03 (Parcel Seven Associates, LLC – Consolidated PUD @ Square 912, Lot 55)

     

    THIS CASE IS OF INTEREST TO ANC 6A

     

    On February 25, 2010, the Office of Zoning received an application from Parcel Seven Associates, LLC.  The Applicant is requesting approval of a planned unit development (“PUD”) under the existing C-2-B Zone District.  The Office of Planning provided its report on April 2, 2010, and the case was set down for hearing on April 12, 2010.  The Applicant provided its prehearing statement as part of its application on May 10, 2010.

     

    The property that is the subject of this application consists of approximately 87,053 square feet of land area and is located on the south side of H Street between 8th and 10th Streets, N.E., Square 912, Lot 55.  The subject property is currently zoned C-2-B.  No change of zoning is proposed.

     

    The Applicant proposes to construct an eight story apartment house containing approximately 384 units and retail and service space on the ground level.  The total gross floor area of the project is approximately 433,500 square feet, including approximately 52,000 square feet of retail and service space on the ground floor.  The proposed FAR of the building is 5.0.  The height of the building will be a maximum of 90 feet.  The building will contain an underground parking garage with access through a private driveway from 8th and 10th Streets.

     

    The C-2-B Zone District permits mixed residential and commercial development as a matter-of-right, to a maximum lot occupancy of 80% for residential use, a maximum density of 3.5 FAR, of which no more than 1.5 may be devoted to other than residential uses and a maximum height of 65 feet.  Under Chapter 24, the guideline for height in a PUD is 90 feet and the guideline for density in a PUD is 6.0 FAR, of which no more than 2.0 may be commercial.

     

    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.

     

    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.  The information shall be filed no later than fourteen (14) days before the date of 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 (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 210, 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 S. SCHLATER, MICHAEL G. TURNBULL, AND PETER G. MAY -- ZONING COMMISSION FOR THE DISTRICT OF COLUMBIA, BY JAMISON L. WEINBAUM, DIRECTOR, AND BY SHARON S. SCHELLIN, SECRETARY TO THE ZONING COMMISSION.