6176298 Zoning Commission - Notice of Final Rulemaking & Order No. 15-09: Residents of Lanier Heights & ANC 1C  

  • ZONING COMMISSION FOR THE DISTRICT OF COLUMBIA

     

    NOTICE OF FINAL RULEMAKING

    AND

    ZONING COMMISSION ORDER NO. 15-09

    Z.C. Case No. 15-09

    Residents of Lanier Heights & ANC 1C

    (Map Amendment @ Squares 2580-2584, 2586W, 2587, and 2589)

    July 27, 2016

     

    The Zoning Commission for the District of Columbia (Commission), pursuant to its authority under § 1 of the Zoning Act of June 20, 1938 (52 Stat. 797; D.C. Official Code § 6-641.01 (2012 Repl.)), hereby gives notice of its adoption of amendments to the Zoning Map incorporated by reference in Title 11 (Zoning) of the District of Columbia Municipal Regulations (DCMR) to rezone portions of Squares 2580, 2581, 2582, 2583, 2584, 2586W, 2587, and 2589 from the R-5-B Zone District to the R-4 Zone District. 

     

    In addition, the Commission, through a Notice of Final Rulemaking (Notice) published in Part II of the March 4, 2016 edition of the District of Columbia Register, adopted a replacement version of Title 11 DCMR, as well as implementing amendments to the Zoning Map, which are to become effective September 6, 2016 (Future Zoning Map Amendments).  Among those amendments were that any properties zoned in the R-5-B District would be rezoned to the RA-2 zone.  The Commission hereby gives notice of modification to those amendments so that portions of Squares 2580, 2581, 2582, 2583, 2584, 2586W, 2587, and 2589 will be re-designated to the RF-1 zone. 

     

     

    Procedures Leading to Adoption of Amendments

     

    On April 7, 2015, Denis Suski and residents of Lanier Heights and Advisory Neighborhood Commission (ANC) 1C (Petitioners) submitted a petition requesting a map amendment to rezone the portions of Squares 2580, 2581, 2582, 2583, 2584, 2586W, 2587, and 2589 that are currently zoned in the R-5-B Zone District to the R-4 Zone District.  The petition included a letter from the Chair of ANC 1C indicating that at a properly noticed meeting on April 3, 2015, ANC 1C, with a quorum present, voted 6‑0 to “join with neighbors in applying for a change in zoning to R-4 for certain properties in Lanier Heights, as more fully set forth in the enclosed Materials.”  The Petitioners stated the reason for their request was to limit the conversion of row dwellings to multi-unit apartment buildings.

     

    On December 4, 2015, the Office of Planning (OP) submitted a Setdown Report.  OP stated that the Comprehensive Plan provides policy guidance that both supports and does not support a more restrictive zoning designation, that the proposed downzoning would have implications on both existing property owners and broader District goals related to housing and land use, and that it is not generally inconsistent with the Comprehensive Plan.  OP stated that it therefore supported setting down the petition for a public hearing to allow for further public input.  OP further recommended that if the petition was set down for a public hearing, the Commission should also consider a corresponding text amendment to designate existing multi-family buildings or multi-family buildings in the permit process as conforming uses.

     

    At a properly noticed public meeting on December 8, 2014, the Commission voted in favor of setting down the proposed amendment as a rulemaking case. The Commission deferred consideration of the corresponding text amendment recommended by OP. 

     

    A Notice of Public Hearing was published in the February 5, 2016, edition of the D.C. Register at 62 DCR 1243.

     

    By letter dated February 3, 2016, ANC 1C requested a waiver of the rule requiring it to post a copy of the public hearing notice on the street frontage at each square affected by the rezoning proposal. 11 DCMR § 3014.3.  The Commission considered the request at a regularly scheduled public meeting on February 8, 2016, and partially granted it, requiring the Petitioners to either post the public hearing notice on the corner of each block containing an affected property or to mail notices to all affected property owners.

     

    On March 11, 2016, OP submitted its hearing report.  The report stated that the main differences between the current R-5-B zoning and proposed R-4 zoning are that the current R-5-B zoning allows multi-family buildings by-right, and allows a taller building height than the R-4 zoning requested by the Petitioners.  The report further stated that the Comprehensive Plan provides policy guidance that both supports and does not support the requested more restrictive R-4 zoning designation. The Plan’s Generalized Policy Map describes the area as a Neighborhood Conservation area, suggesting that any new development should be compatible with the neighborhood’s existing character. The Plan’s Future Land Use Map designates the subject properties for Moderate Density Residential, which would not be inconsistent with either an R-4 or an R-5-B Zone District.  The proposed downzoning to R-4 would have implications on both existing property owners and on some broader District goals and objectives related to housing and land use. The proposal would be not inconsistent with the policies of the Comprehensive Plan that seek to conserve row house neighborhoods. It could, however, limit the ability of the District to accommodate more residents, which is another important policy goal, in a neighborhood that has been zoned R-5-B for many decades.  Finally, OP stated it had discussed possibility of a creating a new custom zone or use of one of the new, but not yet effective RF zones adopted as part of the Future Zoning Map Amendments, to bridge these policy issues, and included an outline of such a zone that could be a compromise between the two sets of objectives, but noted that this general direction of a compromise zone had not been accepted by the Petitioners.

     

    At its March 21, 2016, public hearing, the Commission heard testimony from the Petitioners, OP, and a number of individuals both for and against the proposed rezoning. 

     

    At the close of the hearing the Commission left the record open for the Petitioners to provide a report on its public outreach efforts, and for OP to submit a supplemental report. The Commission indicated it would consider proposed action at its April 11, 2016 public meeting.

     

    On March 22, 2016, the Petitioners provided the summary of its community outreach efforts.

     

    OP submitted a supplemental report dated April 4, 2016.  The report recommended that the Commission approve the petition to rezone the subject properties from R-5-B to R-4.  OP stated that it was persuaded by the testimony of the Petitioners and members of the public that the larger neighborhood contains a significant quantity of apartments that provide a good mix of housing types to address the needs of a growing population, and that the relatively small number of existing rowhouses and flats on the lots subject to this petition add to the use mix and vibrancy of the neighborhood, and should therefore be protected. The report proposed a text amendment that would designate any multi-family dwelling within the rezoning area, or any proposed multi-family dwelling in the permit process as of the date this case was set down as a conforming use, provided that the multiple dwelling may not be expanded in floor area or in number of units.  

     

    The report stated that the rezoning would have no impact on the terms of residential leases.  The report updated the analysis previously provided for Z.C. Case No. 14-11 on the annual price increases for residential units of different sizes and the ability of the District to accommodate anticipated population growth.  Finally, the report suggested that the Commission revise the Future Zoning Map Amendments to re-designate the subject properties from RA-2 to RF-1.

     

    OP submitted a second supplemental report dated April 6, 2016.  The report suggested a revision to the text amendment that would designate any multi-family dwelling within the rezoning area, or any proposed multi-family dwelling in the permit process as of the date this case was set down, as a conforming use.

     

    At its regularly scheduled April 11, 2016 public meeting, the Commission voted to take proposed action on the amendment rezoning the subject properties from R-5-B to R-4 on the current zoning map, and to modify the Future Zoning Map Amendments to re-designate subject properties from RA-2 to RF-1, thereby authorizing the publication of a notice of proposed rulemaking and a referral of the proposed amendment to the National Capital Planning Commission (NCPC).  The Commission also set down the text amendment proposed by OP in its April 6, 2016 supplemental report as a separate case.  This case was assigned Z.C. Case No. 16-08, and will be the subject of a public hearing to be held July 18, 2016.

     

    A Notice of Proposed Rulemaking was published in the D.C. Register on May 20, 2016 at 63 DCR 7711.

     

    The following comments were received.

     

    On June 9, 2016, Ronald Baker submitted a comment requesting that instead of the proposed map amendments, the Commission instead should adopt a custom zone that would apply only to the Subject Properties. The custom zone would permit building heights of forty feet (40 ft.) as a matter of right and fifty feet (50 ft.) if approved as a special exception, a twenty-foot (20-ft.) rear set back as a matter of right and fifteen feet (15 ft.) if approved as a special exception, up to three (3) dwelling units as a matter of right and four (4) if approved as a special exception, and a ten-foot (10-foot) maximum “pop back” limit and a larger “pop back” permitted if approved as a special exception.

     

    Comments were received from Brendan Reardon, Sean Ruppert, Jackie Greenbaum, Kimm Sumrall, Metija Jevtic, Susan Subak, Greg Keats, Lou Campanelli, Christopher Montwill, Beck Vissat, Robert Corcoran, Gayle Monkkonen, Larry Pedrick and Sonia Montes de Oca, Michael Maya, Paul Zukerberg, Ken Rubotzky, and John Strayer stating support for Mr. Baker’s proposal.  In Mr. Zukerberg’s letter, he also recommended excluding the 1700 block of Lanier Place from the rezoning.

     

    In a letter dated May 12, 2016, the Executive Director of NCPC informed the Commission that, through a delegated action dated April 28, 2016, he found that the proposed map amendment is not inconsistent with the Federal Elements of the Comprehensive Plan for the National Capital.

     

    The Commission is required under § 5 of the Office of Zoning Independence Act of 1990, effective September 20, 1990 (D.C. Law 8-163; D.C. Official Code § 6-623.04 (2012 Repl.)) to give great weight to OP recommendations.  The Commission believes that its final determination in this case reflects the recommendation of OP.

     

    The Commission is required under § 13(d) of the Advisory Neighborhood Commissions Act of 1975, effective March 26, 1976 (D.C. Law 1-21; D.C. Official Code § 1-309.10(d) (2014 Repl.)) to give “great weight” to the issues and concerns raised in the written report of the affected ANCs, which in this case was ANC 1C’s April 3, 2016 letter joining and incorporating the Petition.  To satisfy the great weight requirement, District agencies must articulate with particularity and precision the reasons why an affected ANC does or does not offer persuasive advice under the circumstances.  The Commission found the Petition to be persuasive.

     

    At a regularly scheduled public meeting on June 27, 2016, the Commission took final action to approve the map amendments. 

     

    The Commission considered the comments on the proposed rulemaking notice. With respect to the comments suggesting that the Commission should adopt a customized zone instead of the proposed map amendment, the Commission noted that the proposal had not been considered by OP or the ANC, and that going forward with such a proposal would require a new hearing and proposed rulemaking. At this juncture in the case, the Commission believes it should go forward with the map amendment proposed, particularly in view of the amount of work done by the community to reach this point of majority consensus.  For this same reason, the Commission declined to exclude the 1700 block of Lanier Place from the rezoning.

     

    The Zoning Map is amended as follows:

     

    Rezone the portions of Squares 2580, 2581, 2582, 2583, 2584, 2586W, 2587, and 2589 that are currently zoned in the R-5-B Zone District to the R-4 Zone District.

     

    The Future Zoning Map Amendments adopted by the Notice are modified as follows:

     

    The table that appears in page 30 of the Notice is modified as follows:

     

    The portions of the table that states:

     

    R-4

    RF-1

     

    Is modified to state:

     

    R-4 and those portions of Squares 2580, 2581, 2582, 2583, 2584, 2586W, 2587, and 2589 referenced as R-5-B.

    RF-1

     

    The portion of the table that states:

     

    R-5-B

    RA-2

     

    Is modified to state:

     

    R-5-B except those portions of Squares 2580, 2581, 2582, 2583, 2584, 2586W, 2587, and 2589.

    RA-2

     

    A complete list of the properties included in this map amendment is attached to the end of this notice. 

     

    On April 11, 2016, upon the motion of Chairman Hood, as second by Vice Chairperson, the Zoning Commission APPROVED the petition at its public meeting by a vote of 5-0-0 (Anthony J. Hood, Marcie I. Cohen, Robert E. Miller, Peter G. May, and Michael G. Turnbull to approve).

     

    On June 27, 2016, upon the motion of Chairman Hood, as seconded by Commissioner Turnbull, the Zoning Commission ADOPTED this Order at its public meeting by a vote of 5-0-0 (Anthony J. Hood, Marcie I. Cohen, Robert E. Miller, Peter G. May, and Michael G. Turnbull to adopt).                            

     

    In accordance with the provisions of 11 DCMR § 3028.9, this Order shall become effective upon publication in the D.C. Register; that is on August 26, 2016 for the Current Zoning Map, and September 6, 2016 for the Future Zoning Map Amendments.

     

     

     

     

     

     



    Square

    Lot

    Address

    2580

    0354

    1756 Lanier Place, NW

    2580

    0359

    1746 Lanier Place, NW

    2580

    0360

    1744 Lanier Place, NW

    2580

    0386

    1788 Lanier Place, NW

    2580

    0387

    1786 Lanier Place, NW

    2580

    0417

    1730 Lanier Place, NW

    2580

    0418

    2724 Ontario Road, NW

    2580

    0419

    2722 Ontario Road, NW

    2580

    0420

    2720 Ontario Road, NW

    2580

    0421

    2718 Ontario Road, NW

    2580

    0422

    2716 Ontario Road, NW

    2580

    0432

    1740 Lanier Place, NW

    2580

    0432

    1742 Lanier Place, NW

    2580

    0433

    1738 Lanier Place, NW

    2580

    0434

    1736 Lanier Place, NW

    2580

    0435

    1734 Lanier Place, NW

    2580

    0436

    1732 Lanier Place, NW

    2580

    0449

    1784 Lanier Place, NW

    2580

    0480

    1768 Lanier Place, NW

    2580

    0481

    1766 Lanier Place, NW

    2580

    0482

    1764 Lanier Place, NW

    2580

    0483

    1762 Lanier Place, NW

    2580

    0484

    1760 Lanier Place, NW

    2580

    0485

    1758 Lanier Place, NW

    2580

    0513

    1776 Lanier Place, NW

    2580

    0824

    1748 Lanier Place, NW

    2580

    0840

    1752 Lanier Place, NW

    2580

    0841

    1750 Lanier Place, NW

    2581

    0290

    2719 Ontario Road, NW

    2581

    0291

    2721 Ontario Road, NW

    2581

    0292

    2723 Ontario Road, NW

    2581

    0293

    2725 Ontario Road, NW

    2581

    0294

    2727 Ontario Road, NW

    2581

    0295

    2729 Ontario Road, NW

    2581

    0296

    2731 Ontario Road, NW

    2581

    0297

    2733 Ontario Road, NW

    2581

    0298

    2735 Ontario Road, NW

    2581

    0441

    1726 Lanier Place, NW

    2581

    0442

    1724 Lanier Place, NW

    2581

    0443

    1722 Lanier Place, NW

    2581

    0444

    1720 Lanier Place, NW

    2581

    0445

    1718 Lanier Place, NW

    2581

    0446

    1716 Lanier Place, NW

    2581

    0447

    1714 Lanier Place, NW

    2581

    0464

    1704 Lanier Place, NW

    2581

    0465

    1706 Lanier Place, NW

    2581

    0466

    1708 Lanier Place, NW

    2581

    0467

    1710 Lanier Place, NW

    2581

    0468

    1712 Lanier Place, NW

    2581

    0472

    1702 Lanier Place, NW

    2581

    0473

    1700 Lanier Place, NW

    2581

    0474

    1698 Lanier Place, NW

    2581

    0475

    1696 Lanier Place, NW

    2581

    0476

    1694 Lanier Place, NW

    2582

    0172

    1741 Lanier Place, NW

    2582

    0173

    2803 Ontario Road, NW

    2582

    2040

    2803 Ontario Road, NW

    2582

    2041

    2803 Ontario Road, NW

    2582

    2042

    2803 Ontario Road, NW

    2582

    2043

    2803 Ontario Road, NW

    2582

    2044

    2803 Ontario Road, NW

    2582

    2045

    2803 Ontario Road, NW

    2582

    0191

    2801 18th Street, NW Unit B

    2582

    0192

    2803 18th Street, NW Unit 1B

    2582

    0193

    2805 18th Street, NW Unit 1A

    2582

    0194

    2807 18th Street, NW Unit 2A

    2582

    0195

    2815 18th Street, NW Unit 2B

    2582

    0196

    2817 18th Street, NW Unit 3

    2582

    0353

    2809 Ontario Road, NW

    2582

    0376

    1729 Lanier Place, NW

    2582

    0377

    1731 Lanier Place, NW

    2582

    0378

    1733 Lanier Place, NW

    2582

    0379

    1735 Lanier Place, NW

    2582

    0380

    1737 Lanier Place, NW

    2582

    0381

    1739 Lanier Place, NW

    2582

    0401

    1719 Lanier Place, NW

    2582

    0402

    1717 Lanier Place, NW

    2582

    0403

    1715 Lanier Place, NW

    2582

    0404

    1713 Lanier Place, NW

    2582

    0405

    1711 Lanier Place, NW

    2582

    0406

    1709 Lanier Place, NW

    2582

    0407

    1707 Lanier Place, NW

    2582

    0408

    2805 Ontario Road, NW

    2582

    0409

    2807 Ontario Road, NW

    2582

    0827

    2809 Ontario Road, NW

    2582

    0828

    2819 18th Street, NW

    2583

    0334

    1779 Lanier Place, NW

    2583

    0335

    1781 Lanier Place, NW

    2583

    0336

    1783 Lanier Place, NW

    2583

    0337

    1785 Lanier Place, NW

    2583

    2108

    1785 Lanier Place, NW Unit 1

    2583

    2109

    1785 Lanier Place, NW Unit 2

    2583

    2110

    1785 Lanier Place, NW Unit 3

    2583

    2111

    1785 Lanier Place, NW Unit 4

    2583

    0338

    1787 Lanier Place, NW

    2583

    0343

    1850 Ontario Place, NW

    2583

    0344

    1848 Ontario Place, NW

    2583

    0345

    1846 Ontario Place, NW

    2583

    0346

    1844 Ontario Place, NW

    2583

    0347

    1842 Ontario Place, NW

    2583

    0348

    1840 Ontario Place, NW

    2583

    0349

    1838 Ontario Place, NW

    2583

    0350

    1836 Ontario Place, NW

    2583

    0351

    1834 Ontario Place, NW

    2583

    0352

    1832 Ontario Place, NW

    2583

    0356

    1775 Lanier Place, NW

    2583

    0357

    1777 Lanier Place, NW

    2583

    0361

    1882 Ontario Place, NW

    2583

    0362

    1880 Ontario Place, NW

    2583

    0363

    1878 Ontario Place, NW

    2583

    0389

    1892 Ontario Place, NW

    2583

    0390

    1890 Ontario Place, NW

    2583

    0391

    1888 Ontario Place, NW

    2583

    0392

    1886 Ontario Place, NW

    2583

    0393

    1884 Ontario Place, NW

    2583

    0394

    1824 Ontario Place, NW

    2583

    0395

    1822 Ontario Place, NW

    2583

    0396

    1820 Ontario Place, NW

    2583

    0397

    1858 Ontario Place, NW

    2583

    0398

    1856 Ontario Place, NW

    2583

    0399

    1854 Ontario Place, NW

    2583

    0400

    1852 Ontario Place, NW

    2583

    0414

    1812 Ontario Place, NW

    2583

    0415

    1810 Ontario Place, NW

    2583

    0416

    1808 Ontario Place, NW

    2583

    0437

    1830 Ontario Place, NW

    2583

    0438

    1828 Ontario Place, NW

    2583

    0439

    1826 Ontario Place, NW

    2583

    0450

    1818 Ontario Place, NW

    2583

    0451

    1816 Ontario Place, NW

    2583

    0452

    1814 Ontario Place, NW

    2583

    0454

    1745 Lanier Place, NW

    2583

    0455

    1747 Lanier Place, NW

    2583

    0456

    1749 Lanier Place, NW

    2583

    0457

    1751 Lanier Place, NW

    2583

    0458

    1753 Lanier Place, NW

    2583

    0459

    1755 Lanier Place, NW

    2583

    0460

    1757 Lanier Place, NW

    2583

    0461

    1759 Lanier Place, NW

    2583

    0462

    1761 Lanier Place, NW

    2583

    0486

    1769 Lanier Place, NW

    2583

    0487

    1771 Lanier Place, NW

    2583

    0512

    1793 Lanier Place, NW

    2583

    2097

    1793 Lanier Place, NW Unit 1

    2583

    2098

    1793 Lanier Place, NW Unit 2

    2583

    2099

    1793 Lanier Place, NW Unit 3

    2583

    2100

    1793 Lanier Place, NW Unit 4

    2583

    2101

    1793 Lanier Place, NW Unit 5

    2583

    2102

    1793 Lanier Place, NW Unit 6

    2583

    2103

    1793 Lanier Place, NW Unit 7

    2583

    2104

    1793 Lanier Place, NW Unit 8

    2583

    0856

    1767 Lanier Place, NW

    2583

    0857

     

    2584

    0310

    1841 Ontario Place, NW

    2584

    0311

    1843 Ontario Place, NW

    2584

    0312

    1845 Ontario Place, NW

    2584

    0313

    1847 Ontario Place, NW

    2584

    0314

    1849 Ontario Place, NW

    2584

    0315

    1851 Ontario Place, NW

    2584

    0316

    1853 Ontario Place, NW

    2584

    0365

    1823 Ontario Place, NW

    2584

    0366

    1825 Ontario Place, NW

    2584

    0367

    1827 Ontario Place, NW

    2584

    0368

    1829 Ontario Place, NW

    2584

    0373

    1817 Ontario Place, NW

    2584

    0374

    1819 Ontario Place, NW

    2584

    0375

    1821 Ontario Place, NW

    2584

    0504

    1839 Ontario Place, NW

    2584

    0505

    1837-1839 Ontario Place, NW

    2584

    0818

    1835 Ontario Place, NW

    2584

    0822

    1857 Ontario Place, NW

    2584

    0823

    1855 Ontario Place, NW

    2584

    0825

    1831 Ontario Place, NW

    2584

    0828

    1833 Ontario Place, NW

    2587

    0489

    2922 18th Street, NW

    2587

    2001

    2922 18th Street, NW Unit 1

    2587

    2002

    2922 18th Street, NW Unit 2

    2587

    2003

    2922 18th Street, NW Unit 3

    2587

    2004

    2922 18th Street, NW Unit 4

    2587

    2005

    2922 18th Street, NW Unit 5

    2587

    0490

    2920 18th Street, NW

    2587

    0491

    2918 18th Street, NW

    2587

    0492

    2916 18th Street, NW

    2587

    0493

    2914 18th Street, NW

    2587

    0494

    2912 18th Street, NW

    2587

    0495

    2910 18th Street, NW

    2587

    0496

    2908 18th Street, NW

    2587

    0497

    2906 18th Street, NW

    2587

    2009

    2906 18th Street, NW Unit 1

    2587

    2010

    2906 18th Street, NW Unit 2

    2587

    0498

    2904 18th Street, NW

    2587

    0499

    2902 18th Street, NW

    2587

    0500

    2900 18th Street, NW

    2589

    0452

    1652 Argonne Place, NW

    2589

    0453

    1650 Argonne Place, NW

    2589

    0454

    1648 Argonne Place, NW

    2589

    0455

    1646 Argonne Place, NW

    2589

    0456

    1644 Argonne Place, NW

    2589

    0457

    1642 Argonne Place, NW

    2589

    0458

    1640 Argonne Place, NW

    2589

    0459

    1638 Argonne Place, NW

    2589

    0460

    1636 Argonne Place, NW

    2589

    0461

    1634 Argonne Place, NW

    2589

    0462

    1632 Argonne Place, NW

    2589

    0463

    1630 Argonne Place, NW

    2589

    0464

    1628 Argonne Place, NW

    2589

    0465

    1626 Argonne Place, NW

    2589

    0466

    1624 Argonne Place, NW

    2589

    0467

    1622 Argonne Place, NW

    2589

    0468

    1620 Argonne Place, NW

    2586W

    0806

    2800 Adams Mill Road, NW

    2586W

    0805

    2810 Adams Mill Road, NW

    2586W

    0412

    2812 Adams Mill Road, NW

    2586W

    0411

    2814 Adams Mill Road, NW

     

Document Information

Rules:
11-W100