KENNETH L. BACHMAN, JR KAREN A. KERR PAULS HAYES Ct..:.EARY GOTTLIEB STEEN & HAMILTON LLP MARK lEDDY SCOTT R. GOODWIN MICHAEL HURST JOHN C. MURPHY. JR JOHN P McGILL, JR MEGHAN A. IRMLER GEORGE S. CARY PATRICIA M MCDERMOTT HEATHER M. JOHNSON 2000 PENNSYLVANIA AVENUE, N.W. MITCHELL 5. DUPLER SEN lOR ATTORNEYS MJJI KIM~ LINDA J. SOLDO JAY LEE WASHINGTON, D.C. 20006-1801 GIOVANNI P PREZIOSO JAMES ABELL MACEY LEVINGTON JOHN T. BYAM NOWELL BAMBERGER COLIN D LLOYD MATTHEW 0 SLATER LEE F. BERGER JOHN R. LOATMAN (202) 974-1500 MICHAEL R. LAZERWITZ PATRICK BOCK NICOLE MANARA DAVID I. GELFAND PAUL BOZZELLO~ BRANDON MASLOV FACSIMILE MICHAEL A. MA"ZZUCHI KATHLEEN W. BRADISH JEFF MASON* (202) 974·1999 MARK W NELSON ALLISON H. BREAULT SUZANNE MCMILLAN~ ROBIN M. BERGEN COURTNEY BROWN BENJAMIN MEEKS WWW.CLEARYGOTTUEB.COM DEREK M. BUSH KATHERINE M CARROLL YASMIN MEHRAIN PAUL D. MARQUARDT JACOB M. CHACH.KJN JENNIFER MELLOTT JEREMY CALSYN SHARA CHANG~ GREG MOKODEAN* NEW YORK FRANKFURT LEAH BRANNON SUE CHEN* KEN REINKER~ SHAWN J. CHEN TRACY CHIN PAUL R ST LAWRENCE Ill PARIS COLOGNE RESIDENT PARTNERS KATIA S COLITTl VALERIE SCHUSTER* EMILY L. COOKE OMAR SERAGELDIN ROME DANIEL B SILVER MARGARET COWAN GREGORY M. SERGI BRUSSELS MILAN RICHARD DE:C HINDS DANIEL CULLEY KELSEY W. SHANNON SARA D. SCHOTLAND CARL F. EMIGHOLZ ALEX SlSTLA LONDON HONG KONG JOHN S. MAGNEY ELAINE EWING JOSHUA STERN JANET L. WELLER CATHERINE L FAGG JEREMY J STEWART MOSCOW BEIJING SENIOR COUNSEL NINA FRANT JESS C THEODORE PATRICK FULLER SUSAN TORZILLI W. RICHARD BIDSTRUP RYAN C. GAUBERT TEALE TOWEILL * KEVIN A. GRIFFIN CAROLINE K. GREENE KISH VINAYAGAMOORTHY STEVEN J KAISER REHANA GUBIN MARK W. WALKER JOYCE E. MCCARTY STEVEN A. HA!DAR JOANNE L. WERDEL COUNSEL ROBERT HAYES MATTHEW R. WINGERTER ASSOCIATES *ADMITTED ONLY TO A BAR OTHER THAN THAT OF THE DISTRICT OF COLUMBIA. WORKING UNDER THE SUPERVISION OF PRINCIPALS OF THE WASHINGTON OFFICE Writer's Direct Dial: + 1 202 974 1540 E-Mail: [email protected] March 25, 2011 Sarah Bardin District of Columbia Office of Zoning 441 4th Street, N.W., Suite 200-S Washington, D.C. 20001 Re: Case Number 10-32 Dear Ms. Bardin, Enclosed herewith are copies of the applications for party status filed today in the above entitled case involving the Georgetown University Campus Plan, submitted by the Citizens Association of Georgetown ("CAG") and Barbara Downs one of its members, and by the Burleith Citizens Association ("BCA") and three of its members, Edgar Russell and Irene and Larry Schaffner. The individuals in question have authorized CAG and BCA and its counsel to represent them in this proceeding, so all communications concerning any of these parties should be directed to the undersigned counsel and to the offices of CAG and BCA, who desire copies of all documents transmitted to counsel. I would also like to draw your attention to the request for time made by CAG and BCA which total 1 Yz hours. The parties need to explain to the Commission not only the new objectionable conditions that would be created by the proposed Georgetown University Campus Plan but also the existing objectionable conditions in their respective communities created by Georgetown University, which the Plan fails to mitigate, as required by law. The parties beFeve ZONING COMMISSION District of Columbia '"'"S""'NC'; \ O· g;) .. ··· '>-Jt'\,t:! "~ Hl8lT NO ... -·-=" EX•• t>•- ~& "" ·""'' . Sarah Bardin, p. 2 they cannot adequately make their case in opposition to the current Campus Plan without the time requested. I also understand that other neighborhood groups may apply to become parties to opposition and would request that additional time be allocated to them. Finally, I request confirmation that the presentations to be made by CAG, BCA and any other parties in opposition, will be made on the second day of the Commission's scheduled hearings (May 12, 2011). Thank you for your consideration of the attached party 7\ications and the above requests. r /1 7r l - f/ f4~ mRichard deC. HirYds Enclosures cc: Maureen Dwyer (Goulston & Storrs) ADDRESS: Street Apt. City 1337 Wisconsin Avenue, N. washington DC 2000? No. FuxNo. E~MaiJ 202-337-7313 202-333-1088 cagmail@cagtown .org I hereby request to appear and participate as a party. Will you appear as a(n) • Proponent No If yes, please enter the name and address of such legal counsel. Richard Ste.#(ifanyj City State 2000 Pennsylvania Ave, N.W., Ste. 9000 Washington DC 20006 202-974-1540 202-974-1999 [email protected] WITNESS INFORMATION: On a separate piece of paper, please provide the following witness information: 1. A list of witnesses who will testify on the person's behalf; 2. A summary of the testimony of each witness (Zoning Commission only); 3. An indication of which witnesses will be offered as expert witnesses, the areas of expertise in which any experts will be o~ed, and the resumes or qualifications of the proposed experts (Zoning Commission only); and 4. The total amount of time being requested to present your case (Zoning Commission only). PARTY STATUS CRITERIA: On a separate piece of paper, please answer all of the following questions referencing why the above entity should be granted party status: 1. How will the property owned or occupied by such person, or in which the person has an interest be affected by the actiol)fequested of the Commission/Board? .• !*'; 2. What legal interest does the person have in the property? (i.e. owner, tenant, trustee, or mortgagee) !''\.) 3. What is the distance between the person's property and the property that is the subject of the appeal or application before the Commission/Board? (Preferably no farther than 200ft.) 4. What are the environmental, economic or social impacts that are likely to affect the person and/or the person's property if the action requested of the Commission/Board is approved or denied? 5. Describe any other relevant matters that demonstrate how the person will likely be affected or aggrieved if the action requested of the Commission/Board is approved or denied. 6. Explain how the person's interest will be more significantly, distinctively, or uniquely affected in character or kind by the proposed zoning action than that of other persons in the general public. Except for the applicant, appellant or the ANC, to participate as a party in a proceeding before the Commission/Board, any affected person shall file with the Zoning Commission or Board of Zoning Adjustment, this Form 140 not less than fourteen (14) days prior to the date set for the hearing. PARTY STATUS CRITERIA 1. The Citizens Association of Georgetown ("CAG") represents over 1,200 individual members, all ofwhom are residents of Georgetown. Many ofCAG's members, including Barbara Downs, own property and live within a few blocks of Georgetown University ("GU") and would be directly and negatively affected by proposals and policies contained in the proposed GU Campus Plan. CAG is the sole civic association representing residents of Georgetown and it has been granted party status to represent the interests of its members in the last several GU Campus Plan proceedings. 2. The majority ofCAG's members own property in Georgetown, all regular members are residents of Georgetown. 3. Varies. See item 1 above. 4. If the GU Campus Plan were approved as filed it would have a negative impact on the quality oflife of all persons living in Georgetown, especially those living in West Georgetown as a result of unrestrained growth in student enrollment and development. Further, the plan in its current form could also adversely impact property values and the environment in West Georgetown. 5. The high numbers of Georgetown students residing in rented group houses in the single family residential areas of Georgetown is adversely affecting the livability of those neighborhoods due to the late night noise from the students and their visitors and other objectionable conditions including adverse traffic and parking impacts, trash violations, failure to maintain property, vandalism and intimidation of neighborhood. The University's failure to DC:455612.1 provide adequate on campus housing for its students is threatening the viability of West Georgetown as a residential neighborhood and creating objectionable conditions throughout Georgetown. 6. The residents of Georgetown are distinctly and uniquely affected by the proposed zoning action because it fails to mitigate the objectionable conditions created by the University and its students in Georgetown and threatens to make a bad situation even worse. CAG represents the interests of over 1200 resident of Georgetown. Accordingly at its meeting on January 25, 2011, the Board ofDirectors ofCAG authorized counsel to file this application to enable CAG to participate in this proceeding as an opponent of the proposed GU Campus Plan. DC:455612.1 2 Citizens Association of Georgetown Witness Information 1. Jennifer Altemus, President 2. Luca Pivato, Vice President 3. Cynthia Pantazis, Director and Chair ofCAG's GU Relation's Committee 4. Barbara Downs, Director Expert Witnesses 5. George Oberlander, expert on urban planning and development, D.C. zoning and planning policies (CV attached). 6. Joseph Mehra, expert on transportation planning, traffic engineering and parking (CV attached). Summary ofTestimony The CAG witnesses will describe the objectionable impacts on the Georgetown community caused by Georgetown University, the failure of the Campus Plan to mitigate those objectionable conditions, and why the proposed plan would exacerbate those objectionable impacts because of the proposed increases in enrollment, traffic and parking and other objectionable proposals. The witnesses will describe the adverse impacts caused by Georgetown University's housing policies and transportation plan, and the failure ofthe Off Campus Student Life Program to address adverse impacts of students living off campus in the community.