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ZC Public Hearing of Tuesday, November 12, 2013

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ZC Public Hearing of Tuesday, November 12, 2013 1 GOVERNMENT OF THE DISTRICT OF COLUMBIA + + + + + ZONING COMMISSION + + + + + PUBLIC HEARING + + + + + -----------------------------: IN THE MATTER OF: : : Title 11, Zoning Regulations :Comprehensive Text Revisions : Case No. : 08-06A : -----------------------------: Tuesday, November 12, 2013 Hearing Room 220 South 441 4th Street, N.W. Washington, D.C. The Public Hearing of Case No. 08-06A by the District of Columbia Zoning Commission convened at 6:00 p.m. in the Jerrily R. Kress Memorial Hearing Room at 441 4th Street, N.W., Washington, D.C., 20001, Anthony J. Hood, Chairman, presiding. NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. (202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 2 ZONING COMMISSION MEMBERS PRESENT: ANTHONY J. HOOD, Chairman MARCIE COHEN, Vice Chair MICHAEL G. TURNBULL, FAIA, Commissioner (AOC) PETER MAY, Commissioner (NPS) ROBERT MILLER, Commissioner OFFICE OF ZONING STAFF PRESENT: SARA BARDIN, Director of the Office of Zoning SHARON S. SCHELLIN, Secretary ESTHER BUSHMAN, General Counsel ZEE HILL OFFICE OF PLANNING STAFF PRESENT: JENNIFER STEINGASSER, Deputy Director, Development Review & Historic Preservation JOEL LAWSON ELISA VITALE DISTRICT DEPARTMENT OF TRANSPORTATION STAFF PRESENT: JONATHAN ROGERS SAM ZIMBABWE The transcript constitutes the minutes from the Public Hearing held on November 12, 2013. NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. (202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 3 T-A-B-L-E O-F C-O-N-T-E-N-T-S PAGE Preliminary Matters Chair Anthony Hood ................... 5 District of Columbia Office of Planning Jennifer Steingasser. ............... 12 District of Columbia Department of Transportation Sam Zimbabwe. ....................... 39 Witness Testimony Alex Posorske ....................... 58 Carol Wayman ........................ 62 Lilly Shoup ......................... 66 Abigail Zenner ...................... 69 David Alpert ........................ 72 Patty Rose .......................... 79 Corey Holman ........................ 84 Eric Fidler ......................... 87 Commission Questions and Discussion ....... 91 Witness Testimony Jason Broehm ....................... 103 Liz Borkowski ...................... 107 Moira McCauley ..................... 111 Jeffrey Norman ..................... 114 Jim Schulman ....................... 116 Geoffrey Hatchard .................. 121 Lane McFadden ...................... 125 Erica Flock ........................ 130 Commission Questions and Discussion ...... 133 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. (202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 4 T-A-B-L-E O-F C-O-N-T-E-N-T-S PAGE Witness Testimony Michael Forster 145 Peter Mason 149 Matt Malinowski 152 Neha Bhatt 156 Ryan Crowley 160 Allen Greenberg 163 Stephen Crim 167 Aimee Custis 170 Commission Questions and Discussion 174 Witness Testimony John Wheeler 197 Alexandra Dodds 200 Clark Larson 203 John Townsend 206 Steven Beller 211 Randy Speck 215 Gerald Fittipaldi 222 Matthew Steil 225 Questions and Discussion 228 Witness Testimony Julie Six 274 Judy Chesser 278 Marilyn Simon 284 Allen Seeber 289 Mike Farrell 292 Benedict Aubrun 295 Dorcas Adkins 299 Bradley Green 301 Closing Questions and Discussion 304 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. (202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 5 1 P-R-O-C-E-E-D-I-N-G-S 2 (6:06 p.m.) 3 CHAIRMAN HOOD: Okay, we're going 4 to go ahead and get started. Good evening, 5 ladies and gentlemen. This is a public 6 hearing of the Zoning Commission for the 7 District of Columbia for Tuesday, November 8 the 12th, 2013. 9 My name is Anthony Hood. Joining 10 me are Vice Chair Cohen, Commissioner Miller, 11 Commissioner May and Commissioner Turnbull. 12 We're also joined by the Office 13 of Zoning Staff, our Director Ms. Sara 14 Bardin, Sharon Schellin, and Ms. Zee Hill. 15 Ms. Sara, let me apologize for calling you 16 Bardeen the other night. Forgive me. 17 Also the Office of Planning, Ms. 18 Steingasser, Mr. Lawson, Ms. Vitale. 19 District Department of Transportation, Mr. 20 Zimbabwe and Mr. Jonathan Rogers. 21 This proceeding is being recorded 22 by a court reporter and it's also webcast NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. (202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 6 1 live. Accordingly we must ask you to refrain 2 from any disruptive noises or actions in the 3 hearing room including the display of signs 4 or objects. 5 The subject of this evening's 6 hearing is Zoning Commission Case Number 08- 7 06A. This is a request by the Office of 8 Planning for comprehensive revisions and 9 amendments to the Zoning Regulations Title 11 10 DCMR. The specific subject of tonight's 11 hearing is proposed new Subtitle C. 12 Notice of today's hearing was 13 published in the D.C. Register on September 14 20 of 2013, and copies of that announcement 15 are available to my left on the wall near the 16 door. 17 The hearing will be conducted in 18 accordance with provisions of 11 DCMR 3021 as 19 follows: preliminary matters, presentation 20 by the Office of Planning, presentation by 21 the Department of Transportation and 22 testimony from the public. NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. (202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 7 1 The following time constraints 2 will be maintained in this hearing: Office 3 of Planning and DDOT up to 60 minutes, 4 organizations 5 minutes, individuals 3 5 minutes. 6 The Commission intends to adhere 7 to the time limits as strictly as possible in 8 order to hear the case in a reasonable period 9 of time. 10 The Commission reserves the right 11 to change the time limits for presentations 12 if necessary and no time shall be ceded. 13 As noted in the Notice of Public 14 Hearing, I will be calling witnesses in the 15 order in which the Office of Zoning received 16 a notice of intent to testify. 17 I will not be calling any other 18 witnesses to testify once we have gone 19 through the list. Anyone else who would like 20 to testify on Subtitle C may do so on the 21 overflow night scheduled, which is November 22 the 19th. NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. (202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 8 1 Again, the overflow night is 2 November the 19th. Please see staff to sign 3 up for that night if you have not already 4 done so. 5 So, again, I will not ask tonight 6 if there's anyone else who would like to 7 testify after everyone who's signed up has 8 finished. We will do that on November the 9 19th, so I don't want that to be a surprise 10 when we get later on in the evening. 11 All persons appearing before the 12 Commission are to fill out two witness cards. 13 These cards are located to my left on the 14 table near the door. 15 Upon coming forward to speak to 16 the Commission, please give both cards to the 17 reporter sitting to my right before taking a 18 seat at the table. 19 When presenting information to 20 the Commission, please turn on and speak into 21 the microphone, first stating your name and 22 home address. NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. (202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 9 1 When you are finished speaking, 2 please turn your microphone off so that your 3 microphone is no longer picking up sound or 4 background noise. 5 The decision of the Commission in 6 this case must be based exclusively on the 7 public record. To avoid any appearance to 8 the contrary, the Commission requests that 9 persons present not engage the members of the 10 Commission in conversation during any recess 11 or at any time. 12 In addition, there should be no 13 direct contact whatsoever with the 14 Commissioner concerning this matter, be it 15 written, electronic or by telephone. Any 16 material received directly by a Commissioner 17 will be discarded without being read and any 18 calls will be ignored. 19 The staff will be available 20 throughout the hearing to discuss procedural 21 questions. 22 As noted, testimony this evening NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. (202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 10 1 will be limited to the proposed new Subtitle 2 C. 3 If you have testimony on 4 subtitles and cannot come back on the 5 scheduled hearing nights for those subtitles, 6 again, you may hand in your written testimony 7 or submit it before the hearing date. We 8 will read it. 9 I would also ask that you not 10 repeat testimony that has already been given. 11 Rather than repeating the same comments, I 12 would suggest that you state that you agree 13 with testimony that has already been given 14 and add any additional comments that we have 15 not heard. 16 Please turn off the beepers and 17 cell phones at this time so not to disrupt 18 these proceedings. 19 At this time the Commission will 20 consider any preliminary matters. Does the 21 staff have any preliminary matters? 22 MS. SCHELLIN: No, sir. NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. (202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 11 1 CHAIRMAN HOOD: Okay. I do have 2 one preliminary matter.
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