423519 Zoning Commission Notice of Public Hearing: Case No. 10-11 (AWA Holdings, LLC & the District of Columbia)
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ZONING COMMISSION FOR THE DISTRICT OF COLUMBIA
NOTICE OF PUBLIC HEARING
TIME AND PLACE: Thursday, September 23, 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. 10-11 (AWA Holdings, LLC & the District of Columbia - Consolidated PUD & Related Map Amendment @ Square 5148)
THIS CASE IS OF INTEREST TO ANC 7C
On May 7, 2010, the Office of Zoning received an application from Northern Real Estate Urban Ventures, LLC, on behalf of AWA Holdings LLC and the District of Columbia (the "Applicants"). The Applicants are requesting approval of a consolidated review and approval of a Planned Unit Development (“PUD”) and a PUD-related zoning map amendment to rezone property from the R-2 and C-1 Districts to the C-2-A District. The Office of Planning provided its report on May 14, 2010, and the case was set down for hearing on May 24, 2010. The Applicant provided its prehearing statement on June 9, 2010.
The property included in this application includes Lots 8, 9, 10, 11, 12, 13, 14, 804, 818 and 819 in Square 5148. The property has a combined land area of approximately 45,031 square feet and is located on the north side of Nannie Helen Burroughs Avenue, N.E., between 48th Street, N.E. and 49th Street, N.E. The property is split-zoned R-2 and C-1 and has approximately 240 linear feet of frontage on Nannie Helen Burroughs Avenue, N.E. Square 5148 is located in the northeast quadrant of the District and is bounded by Hayes Street to the north, 49th Street to the east, Nannie Helen Burroughs Avenue to the south, and 48th Street to the west.
The Applicant is seeking a PUD-related zoning map amendment and consolidated PUD approval to develop a multiple-family dwelling building on the property in accordance with the C-2-A PUD guidelines. The project will contain approximately 92,700 square feet of gross floor area, with an overall FAR of 1.9 and a maximum building height of approximately 62'-8". The project will include approximately 84,600 square feet of gross floor area devoted to residential uses, and 8,100 square feet of gross floor area devoted to a mix of commercial uses. A total of 70 residential units are included in the development, 47 of which will be affordable to households earning 60% of the area median income ("AMI"), and the remaining 23 residential units are replacement units for Lincoln Heights/ Richardson Dwellings Public Housing. The
aApplicant is not seeking relief from the requirements of the Inclusionary Zoning regulations (Title 11 DCMR, Chapter 26). The project also includes 40 surface parking spaceswhichthat will be accessed from 48th Street, N.E.The C-2-A District permits mixed residential and commercial development as a matter-of-right, to a maximum lot occupancy of 60% for residential use, a maximum FAR of 2.5, of which no more than 1.5 may be devoted to other than residential uses and a maximum height of fifty feet. Under Chapter 24, the guideline for height in a PUD is sixty-five feet and the guideline for FAR in a PUD is 3.0, 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.
The following time limits for oral testimony shall be adhered to unless changed by the Commission, and no time may be ceded:1. Applicant and parties in support 60 minutes collectively2. Parties in opposition 15 minutes each (60 minutes collectively)3. Organizations 5 minutes each4. Individuals 3 minutes eachInformation 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.
