1 GOVERNMENT OF THE DISTRICT OF COLUMBIA + + + + + ZONING COMMISSION + + + + + PUBLIC HEARING W444444444444444444444447 IN THE MATTER OF: 5 5 CASE NO. 04-33A General Location Issues 5 W444444444444444444444448 Thursday, October 5, 2006 Hearing Room 220 South 441 4th Street, N.W. Washington, D.C. The Public Hearing of Case No. 04- 33A by the District of Columbia Zoning Commission convened at 6:30 p.m. in the Office of Zoning Hearing Room at 441 4th Street, N.W., Washington, D.C. 20001, Carol J. Mitten, Chairperson, presiding. ZONING COMMISSION MEMBERS PRESENT: CAROL J. MITTEN Chairperson ANTHONY J. HOOD Vice-Chairperson JOHN PARSONS Commissioner (NPS) MICHAEL G. TURNBULL Commissioner (AOC) OFFICE OF ZONING STAFF PRESENT: SHARON S. SCHELLIN Secretary DONNA HANOUSEK Zoning Specialist ESTHER BUSHMAN General Counsel 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 OFFICE OF PLANNING STAFF PRESENT: ELLEN McCARTHY JOEL LAWSON STEVE COCHRAN ART RODGERS The transcript constitutes the minutes from the Public Hearing held on Thursday, October 5, 2006. 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 AGENDA ITEM PAGE WELCOME: Carol Mitten ................ 4 OFFICE OF PLANNING: Ellen McCarthy ............... 8 Art Rodgers ............... 10/31 Steve Cochran ................16 PERSONS IN SUPPORT: Rose Marie Flynn ..............57 Evin Isaacson ................59 Robert Friedman ...............61 Marta Beresin ................65 Martin Thomas ................70 Goddess Joann Adams .............72 Laura Kumin .................75 Tad Baldwin .................78 Cheryl Cort .................83 Chris Zeilinger ...............88 Howard White ................94 Abra Pollock ................96 Jacob Fain ................ 103 Amy Schussheim .............. 105 Norman Glasgow, Jr. ............ 107 Steve Sher ................ 111 Rick Powell ................ 118 Darya Mattes ............... 122 Farah Fosse ................ 125 Tom Quinn ................. 129 Rebecca Zimmerman ............. 133 Janet Brown ................ 137 William Scurry .............. 139 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 AGENDA ITEM PAGE PERSONS IN OPPOSITION: Ann Hargrove ............... 143 Jeffrey Gelman .............. 149 David Frankel ............... 154 Marilyn Simon ............... 157 Gary Peterson ............... 165 Scott Pannick ............... 169 Peter Lyden ................ 172 Yavocka Young ............... 178 Barbara Zartman .............. 186 Duane Deason ............... 191 ADJOURN: Carol Mitten ............... 195 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 6:46 p.m. 3 CHAIRPERSON MITTEN: Good evening, 4 ladies and gentlemen. Thank you for your 5 patience with a little technical difficulty. 6 This is a Public Hearing of the Zoning Commission 7 of the District of Columbia for Thursday, October 8 5, 2006. My name is Carol Mitten and joining me 9 this evening are Vice Chairman Anthony Hood and 10 Commissioners Michael Turnbull and John Parsons. 11 Greg Jeffries is absent tonight, but he has said 12 that he will read the transcript and intends to 13 participate in the case. 14 The subject of this evening's hearing 15 is Zoning Commission Case No. 04-33A. This is a 16 request by the Office of Planning for approval of 17 Map Amendments to create the Inclusionary Zoning 18 Overlay District. The proposed overlay would 19 include all property Zoned R-3 through R-5-D, C-1 20 through C-4 and SP-1 and SP-2, CR and W-1 through 21 W-3, unless located within the Downtown 22 Development District Overlay or within a 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 Transferrable Development Rights Receiving Zone. 2 I'm sure that's all crystal clear to everybody. 3 Notice of today's hearing was 4 published in the D.C. Register on August 18, 2006 5 and copies of that hearing announcement are 6 available to you and they are on the table by the 7 door. 8 This hearing will be conducted in 9 accordance with the provisions of 11 DCMR Section 10 3022 and those are the Rules of Procedure for 11 Rulemaking cases. So the order of procedure this 12 evening will be as follows: We will take up any 13 preliminary matters followed by the presentation 14 by the Office of Planning, reports of any other 15 Government agencies, reports of any Advisory 16 Neighborhood Commissions in attendance. Then we 17 will take organizations and persons in support 18 and organizations and persons in opposition. And 19 just to help us organize all of that, we have a 20 sign-in sheet, so we ask if you plan on 21 testifying, that you sign-in and check the 22 appropriate box. 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 will be 2 maintained in the hearing: Organizations will 3 have five minutes and individuals will have three 4 minutes. The Commission intends to adhere to the 5 time limits as strictly as possible in order to 6 hear the case in a reasonable period of time. 7 The Commission reserves the right to change the 8 time limits for presentations if necessary and 9 notes that no time shall be ceded. 10 All persons appearing before the 11 Commission are to fill out two witness cards. 12 They look like this. They are also on the table 13 by the door. Upon coming forward to speak to the 14 Commission, please, give both cards to the 15 reporter, who is sitting to our right. 16 Please, be advised that the proceeding 17 is being recorded by the Court Reporter and is 18 also being webcast live. Accordingly, we ask you 19 to refrain from making any disruptive noises in 20 the hearing room. When presenting information to 21 the Commission, we ask you to take a seat at the 22 table and, please, turn on and speak into the 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 microphone, first, stating your name and home 2 address. When you are finished speaking, we ask 3 you to turn off the microphone, because it tends 4 to pick up background noise. 5 The decision of the Commission in this 6 case must be based exclusively on the public 7 record. To avoid any appearance to the contrary, 8 the Commission requests that persons present not 9 engage the Members of the Commission in 10 conversation during a recess or at any other 11 time. Staff will be available throughout the 12 hearing to answer any procedural questions for 13 you and you can direct those to Mrs. Schellin or 14 Ms. Hanousek or Ms. Bushman or anybody else down 15 at that end of the table. 16 So I would ask you to turn off all 17 beepers and cell phones, at this time, so as not 18 to disrupt the hearing. And I don't believe we 19 have any preliminary matters, so we're ready to 20 move to the presentation by the Office of 21 Planning. Ms. McCarthy, welcome. 22 MS. McCARTHY: Thank you, Madam Chair. 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 For the record, my name is Ellen McCarthy. I'm 2 the Director of the Office of Planning and our 3 charge or our goal, as you will see tonight, to 4 summarize the presentation that you are going to 5 see, was since the boundaries and the essential 6 elements of the program have been determined by 7 the Commission ahead of time, to look and see 8 where it would be applicable, looking to achieve 9 as broad an applicability as possible, for 10 purposes of achieving the greatest number of 11 units and being fair in terms of spreading the 12 units throughout the city, subject to the 13 availability of sufficient infrastructure and 14 compatibility in scale and character with the 15 surrounding neighborhoods. 16 I think you will find in the report 17 today that we have looked to achieve that. So 18 without any delay, let me have Mr. Rodgers and 19 Mr. Cochran present their findings and we also 20 have with us tonight Daniel Berry, who is a 21 relatively new member of the Office of Planning, 22 and who has done a fantastic job on the design 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 side with looking to see what the design 2 implications will be for accommodating the bonus 3 density within the existing zone districts. 4 MR. RODGERS: Good evening, Members of 5 the Zoning Commission and the audience we have 6 here tonight. My name is Art Rodgers. I'm the 7 Senior Housing Planner for the Office of 8 Planning. And I'll be starting our presentation 9 and then I'll hand it over to Steve Cochran to go 10 over more of the architectural analysis that 11 Ellen mentioned and then we'll summarize our 12 findings at the end. 13 Let's see. Here we go. Okay. Just 14 to briefly outline what we'll be going over 15 tonight, I'll summarize what was approved.