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ZONING COMMISSION FOR THE DISTRICT OF COLUMBIA
NOTICE OF PUBLIC HEARING
TIME AND PLACE: Thursday, October 13, 2016, @ 6:30 p.m.
Jerrily R. Kress Memorial Hearing Room
441 4th Street, N.W., Suite 220
Washington, D.C. 20001
FOR THE PURPOSE OF CONSIDERING THE FOLLOWING:
CASE NO. 16-16 (Forest City SEFC, LLC – Southeast Federal Center Design Review @ Square 771, Lot 800)
THIS CASE IS OF INTEREST TO ANC 6D
On July 12, 2016 the Office of Zoning received an application from Forest City SEFC, LLC (“Applicant”). The Applicant is requesting review and approval of new development fronting on the SEFC-4 zone open space area pursuant to the Southeast Federal Center-2 (“SEFC-2”) zone provisions set forth in Subtitle K, Chapter 2 of the 2016 Zoning Regulations, which will become effective on September 6, 2016. In addition, the Applicant seeks variance relief pursuant to Subtitle K § 218 from the side yard requirements.
The property which is the subject of this application consists of approximately 69,385 square feet of land area and is located at 3rd Street, S.E. and Water Street, S.E. (Square 771, Lot 800). The property is bounded to the east by 3rd Street, S.E., to the south by Water Street, S.E., to the west by 2nd Street, S.E., and to the north by Tingey Street, S.E. The property is currently a surface parking lot and is in the SEFC-2 zone, a district in which residential and retail uses are permitted as a matter-of-right (retail uses are a “preferred use” in the SEFC-2 zone).
The Applicant proposes to construct a new ten-story, mixed-use building containing residential apartments, ground-floor retail, and two floors of below grade parking.
This public hearing will be conducted in accordance with the contested case provisions of the Zoning Regulations, Subtitle Z, Chapter 4.
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 dcoz@dc.gov or at (202) 727-6311.
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 (donna.hanousek@dc.gov), or by calling (202) 727-0789.
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 https://app.dcoz.dc.gov/Login.aspx; however, written statements may also be submitted by mail to 441 4th Street, N.W., Suite 200-S, Washington, DC 20001; by e-mail to zcsubmissions@dc.gov; or by fax to (202) 727-6072. Please include the case number on your submission. FOR FURTHER INFORMATION, YOU MAY CONTACT THE OFFICE OF ZONING AT (202) 727-6311.
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.