446605 Zoning Commission Notice of Public Hearing: Case No. 10-16 (Proposed Zoning Text Amendment to Allow Closure of Open Arcades)

 ZONING COMMISSION FOR THE DISTRICT OF COLUMBIA

NOTICE OF PUBLIC HEARING

 

TIME AND PLACE:                       Thursday, September 2, 2010, @ 6:30 p.m. (2^nd case)

                                                            Office of Zoning Hearing Room

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

                                                            Washington, D.C.  20001

 

FOR THE PURPOSE OF CONSIDERING THE FOLLOWING:

 

CASE NO. 10-16 (Proposed Zoning Text Amendment to Allow Closure of Open Arcades)

 

THIS CASE IS OF INTEREST TO ANCS IN ALL WARDS

The Office of Planning (“OP”), in a report dated June 4, 2010, petitioned the Zoning Commission to repeal § 2515, which incentivized the use of open arcades through the allowance of a FAR credit.  A 2004 amendment to that section permitted the closure of open arcades in commercial zones within the Central Employment Area.  Because OP has concluded that open arcades are no longer consistent with sound urban planning, it requested that the Commission repeal § 2515 and adopt a new § 2524 that would, among other things, expand that the authority to close open arcades to all SP, W, CR, and C districts, subject to the same limitations as existed in the repealed provision.

The Commission set the case down for a public hearing at its regularly scheduled public meeting held on June 14, 2010.  In a subsequent report dated June 16, 2010, OP requested that its previous report serve as the pre-hearing submission for this case.

The specific amendments to the Zoning Regulation that will be the subject of the hearing are as follows:

Title 11 DCMR, ZONING, Chapter 25, MISCELLANEOUS ZONING REQUIREMENTS would be amended as follow:

1.      Section 2515, EXCEPTION TO DENSITY REGULATIONS FOR OPEN ARCADES would be repealed.

2.      A new § 2524 would be added to read as follows:

2524       EXCEPTIONS TO DENSITY REGULATIONS FOR ENCLOSING OPEN ARCADES

2524.1    Notwithstanding the repeal of § 2515.3, a building constructed with the additional gross floor area authorized by that provision remains a conforming structure.

2524.2    Notwithstanding applicable floor-area-ratio limitations, and subject to §§ 2524.3 and 2524.4, an existing open arcade in a building in the SP, W, CR, and C Districts, may be enclosed.

2524.3    An open arcade area enclosed pursuant to § 2524.2 must be solely devoted to retail, arts, or service uses permitted as a matter of right.

2524.4    An open arcade may not be enclosed if it is located in a building that:

(a)     Is a historic landmark or has been designated as contributing to a historic district; and

(b)     The Historic Preservation Review Board has determined that the arcade constitutes a feature contributing to the building’s historic or architectural significance; or

(c)     If the floor of the open arcade would not be at the same level and continuous with adjacent sidewalk in public space, or would not connect to an existing, adjoining open arcade adjacent to sidewalk in public space.

Proposed amendments to the Zoning Regulations and Map of the District of Columbia are authorized pursuant to the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797; D.C. Official Code § 6-641.01 et seq.).

 

The public hearing on this case will be conducted as a rulemaking in accordance with the provisions of § 3021.  The Commission will impose time limits on testimony presented to it at the public hearing.

 

All individuals, organizations, or associations wishing to testify in this case should file their intention to testify in writing.  Written statements, in lieu of personal appearances or oral presentations, may be submitted for inclusion in the record.

 

Information should be forwarded to the Secretary of the Zoning Commission, Office of Zoning, Suite 200/210-S, 441 4^th Street, N.W., Washington, D.C.  20001.  Please include the number of the particular case and your daytime telephone number.  FOR FURTHER INFORMATION, YOU MAY CONTACT THE OFFICE OF ZONING AT [phone].

 

ANTHONY J. HOOD, KONRAD W. SCHLATER, 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.