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ZONING COMMISSION FOR THE DISTRICT OF COLUMBIA
NOTICE OF PUBLIC HEARING
TIME AND PLACE: Thursday, October 7, 2010, @ 6:30 p.m. (2nd Case)
Office of Zoning Hearing Room
441 Fourth Street, N.W., Suite 220-South
Washington, D.C. 20001
FOR THE PURPOSE OF CONSIDERING THE FOLLOWING:
Case No. 70-16B (CESC 2101 L Street, L.L.C. – Request for a Modification of an Approved Planned Unit Development)
THIS CASE IS OF INTEREST TO ANC 2A
On June 9, 2010, the Office of Zoning received a request from CESC 2101 L Street, L.L.C. (the “Applicant”) for a modification to the planned unit development approved by Zoning Commission Orders No. 70-16 (dated March 19, 1973) and 78A (dated August 11, 2006) (the “Approved PUD”). The Office of Planning provided its report dated June 7, 2010, and the Zoning Commission set the request down for a public hearing on June 28, 2010. The Applicant provided its pre-hearing statement on June 29, 2010.
The property, Lot 76 in Square 72, is located on the northwest corner of the intersection of L and 21st Streets, N.W., and is known as 2101 L Street N.W. It consists of 50,888 square feet of land area, and is presently improved with a ten (10) story commercial office building, approximately 110 feet in height, with a floor area ratio of 7.1.
The Applicant seeks modification of Condition No. 4 of Order No. 78-A, which requires that 24,100 square feet of floor area be devoted to retail uses or the service uses listed in 11 DCMR § 701.1, as shown on the plans submitted to the Zoning Commission. Specifically, the Applicant seeks to reduce the minimum retail or service use requirement to 16,700.
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 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.
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 this 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 résumés 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 statement 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 11 DCMR § 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 Jamison L. Weinbaum, Director, Office of Zoning, Suite 200/210, 441 Fourth 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 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.
