3266686 Zoning Commission Notice of Public Hearing: Case No. 10-23 Jemal's Babes, LLC)  

  • ZONING COMMISSION FOR THE DISTRICT OF COLUMBIA

    NOTICE OF PUBLIC HEARING

     

     

    TIME AND PLACE:                       Thursday, November 1, 2012, 6:30 P.M.

                                                                Jerrily R. Kress Memorial Hearing Room

    441 4th Street, N.W., Suite 220-South

    Washington, D.C. 20001

     

     

    FOR THE PURPOSE OF CONSIDERING THE FOLLOWING:

     

    CASE NO. 10-23 (JEMAL'S BABES, LLC  – Consolidated PUD and Related Map Amendment @ 4600 and 4614 Wisconsin Ave., N.W., Square 1732, Lots 817 and 820)

     

    THIS CASE IS OF INTEREST TO ANC 3E

     

    On September 10, 2010, the Office of Zoning received an application from Jemal's Babes, LLC, the owner of Lots 817 and 820 in Square 1732 (the “Applicant”), requesting a zoning map amendment from the C-2-A to the C-3-A District.  On April 11, 2012, the Office of Zoning received an amendment to the application to request consolidated review and approval of a planned unit development (“PUD”) and related map amendment.  The Office of Planning provided its report on July 20, 2012, and the case was set down for hearing on July 30, 2012. The Applicant provided its prehearing statement on August 10, 2012.

     

    The property consists of approximately 12,671 square feet of land area. Lot 820 is currently improved with a vacant one-story plus basement commercial building most recently occupied by Babe's Billiards.  Lot 817 is improved with a vacant three-story building, formerly used for offices that will be demolished.  The property is presently zoned C-2-A.  Through the requested PUD-related map amendment, both lots would be rezoned to the C-3-A Zone District. The purpose of the PUD and related map amendment is to permit the development of a five-story residential addition on top of the former Babe's Billiards structure and infill construction on Lot 817, which will serve as the entrance and elevator core to the new residential floors above.  Retail and services uses will be located at the ground floor and lower level.  If approved, the expanded building will contain approximately 60,815 square feet of gross floor area, which equates to a density of approximately 4.8 floor area ratio (FAR).  Approximately 48,838 square feet of gross floor area will be devoted to residential uses and approximately 11,977 square feet of gross floor area will be devoted to retail and service uses.  Another 2,278 square feet of space in the B-1 level will also be devoted to retail and service uses.  The height of the building will be approximately 71 feet.  The proffered public benefits and amenities of the project include, among other things, neighborhood-serving retail and service uses, housing,  an environmentally sustainable building designed to qualify for a LEED-Gold level rating, conduits for underground utilities, streetscape and landscape improvements, and other community benefits.  

     

    The Applicant is seeking to two areas of flexibility from the requirements of the Zoning Regulations:

     

    First, the Applicant requests flexibility from that section of the Zoning Regulations requiring that all penthouses and mechanical equipment be placed in one enclosure, with enclosing walls of equal height and set back from the exterior walls of the building a distance equal to their height above the roof upon which it is located. 11 DMCR §§ 411.3; 411.5; 770.6(b).

     

    Second, the Applicant proposed to provide no parking to serve the proposed residential and retail uses and therefore seeks flexibility from the requirement of Chapter 21 that the retail use for the PUD, in excess of 3,000 square feet have parking at a ratio of one space per 300 square feet and that residential parking be provided at a ratio of one space per two dwelling units.

     

    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 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 14 days prior to the hearing, a Form 140 – Party Status Application. This form may be obtained from the Office of Zoning at the address stated below or downloaded from the Office of Zoning’s website at: www.dcoz.dc.gov.  Any documents filed in this case must be submitted through the Interactive Zoning Information System (IZIS) found on the Office of Zoning website. 

     

    To the extent that the information is not contained in the Applicant's prehearing submission as required by 11 DCMR § 3013.1, the Applicant shall also provide this information not less than 14 days prior to the date set for 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 contain the information indicated in § 3012.5 (a) through (i).

     

    Time limits.

     

    For each segment of the hearing conducted on the dates listed above, 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 section 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 the Director, Office of Zoning, Suite 200-S, 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, MARCIE I. COHEN, 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