6139147 Zoning Commission - Case No. 16-10 - EAJ 400 Florida Avenue, LLC

ZONING COMMISSION FOR THE DISTRICT OF COLUMBIA

NOTICE OF PUBLIC HEARING

 

TIME AND PLACE:                       Thursday, October 27, 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. 16-10 (EAJ 400 Florida Avenue, LLC – Consolidated PUD & Related Map Amendment @ Square 3588)

 

THIS CASE IS OF INTEREST TO ANCs 5D & 6C

 

On May 11, 2016, the Office of Zoning received an application from EAJ 400 Florida Avenue, LLC (the "Applicant") requesting approval of a consolidated planned unit development ("PUD") and related zoning map amendment from the C-M-1 Zone District to the C-3-C Zone District for property located at 400 Florida Avenue, N.E. (Square 3588, Lots 4, 25, and 803) (the “Property”).  The Office of Planning submitted a report to the Zoning Commission, dated June 17, 2016.  At its June 27, 2016 public meeting, the Zoning Commission voted to set down the application for a public hearing.  The Applicant provided its prehearing statement on July 8, 2016. 

 

The Property has a land area of approximately 20,455 square feet and is bounded by a public alley to the north, 5^th Street, N.E. to the east, Florida Avenue, N.E. to the south, and 4^th Street, N.E. to the west. The Property is located in Ward 5, is within the boundaries of Advisory Neighborhood Commission (“ANC”) 5D, and is adjacent to the boundaries of ANC 6C.

 

The Property is currently improved with two two-story structures and is otherwise unimproved. The Applicant proposes to raze the existing structures in connection with redevelopment of the Property to construct a new mixed-use building composed of residential and hotel uses. The PUD will have a density of approximately 8.0 floor area ratio and will include a total of approximately 98,836 square feet of residential use (110 units, plus or minus 10%) and approximately 65,540 square feet of hotel use (164 rooms). Of the total residential gross floor area, the Applicant will dedicate six percent to households earning up to 50% of the area medium income (“AMI”) and another six percent to households earning up to 80% of the AMI.

 

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 Subtitle Z § 404.1.

 

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 an 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, or 14 days prior to a scheduled public meeting if seeking advanced party status consideration, a Form 140 – Party Status Application, a copy of which may be downloaded from the Office of Zoning’s website at: https://app.dcoz.dc.gov/Help/Forms.html.  This form may also be obtained from the Office of Zoning at the address stated below.

 

Subtitle Z § 406.2 provides that the written report of an affected ANC shall be given great weight if received at any time prior to the date of a Commission meeting to consider final action, including any continuation thereof on the application, and sets forth the information that the report must contain.  Pursuant to Subtitle Z § 406.3, if an ANC wishes to participate in the hearing, it must file a written report at least seven days in advance of the public hearing and provide the name of the person who is authorized by the ANC to represent it at the hearing. 

 

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 Subtitle Z § 408.4, 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 E. 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.