Press Alert: DC Neighbors Want Proper Notice Abt Controversial Rezoning Project (1617 U Street NW — Police & Fire Stations)

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Press Alert, Contact: Chris Otten 202-810-2768
January 5, 2024
Neighbors Around Controversial High-Density Rezoning Project Left Off Mailing Lists (1617 U Street); Mayor's Office of Planning and the Zoning Commission Ignored Attorney General's Advice About Wider and More Engaging Public Notice

Wards 1 & 2, Washington, DC — The Mayor has applied to rezone 2-acres of public land at 1617 U Street NW to allow 10+ story buildings at the public site in an area surrounded by two- and three-story historic districts with rowhomes dating back to the 1800's.


The rezoning is controversial in the community garnering more than 1,000 signatures of nearby neighbors largely because after rezoning a new high-density building could be built & introduce hundreds of new unaffordable market-rate units (luxury units on public land) and displace (temporarily or perhaps permanently) the current home of the Third District Police station and Engine 9 fire station and disrupting the community's life safety services increasing emergency response time.

Despite the clamoring of opposition and desire for more engagement on the future of 1617 U Street, according to a neighbor's letter to the DC Council and a party's motion sent to the DC Zoning Commission showing that the Mayor's Office of Planning and DC Office of Zoning have chosen to use outdated mailing lists that has left off numerous neighbors and properties from engagement, eliminating their opportunity to part of the zoning case and hearing this coming Monday, January 8, 2024.

A motion filed with the Zoning Commission by neighbors says:

In all more than 40 different Property Owners within 200 feet of this site were not provided the legally required notice of the January 8, 2024 Hearing required under 11 DCMR, Subtitle Z, §402.1(d) nor did this Commission inform these 40+ Property Owners of “The requirements for participation as a party” and the importance of that status in a contested case, as required by 11 DCMR, Subtitle Z, §402.2. This upzoning is the prelude to DMPED’s attempt to have a massive 11 story, 650 unit apartment building constructed on this site. Failure to grant Property Owners their due process rights under the Subtitle Z in this contested case, is not only fundamentally wrong but will likely cause extensive and unnecessary future litigation.


In a hearing before the Zoning Commission last summer, the DC Attorney General's Office advised the Zoning Commission and the Mayor's Office of Planning that more informative and wider notice was needed for zoning cases, not less but this advice seems to have been ignored.

Neighbors are asking the Zoning Commission to rule on the motion asking for postponement until proper and full notice is sent to all affected neighbors per the zoning regulations. 


The zoning hearing is scheduled for this Monday, January 8, 2024 and can be watched here >> https://dcoz.dc.gov/service/watch-live-virtual-zcbza-hearingsmeetings

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ATTACHMENTS:
* Letter to Councilmember from Neighbors
* Motion asking for proper notice to the Zoning Commission


———- Forwarded message ———
From: Arlene Feskanich <feskanicha@gmail.com>
Date: Fri, Jan 5, 2024 at 1:20 PM
Subject: Office of Zoning Case 23-02: Joint Motion to Continue January 8, 2024 Hearing Due to Failure to Properly Notify All Property Owners Within 200 Feet & Mailing List Used to Serve Property Owners Was from 2022 (or Earlier)
To: <abonds@dccouncil.gov>, bnadeau@dccouncil.gov <bnadeau@dccouncil.gov>, <bpinto@dccouncil.gov>, <callen@dccouncil.gov>, <chenderson@dccouncil.gov>, <jlewisgeorge@dccouncil.gov>, <kmcduffie@dccouncil.gov>, mfrumin@dccouncil.gov <mfrumin@dccouncil.gov>, <pmendelson@dccouncil.gov>, <rwhite@dccouncil.gov>, <twhite@dccouncil.gov>, <vgray@dccouncil.gov>, <zparker@dccouncil.gov>
CC: Arlene Feskanich <feskanicha@gmail.com>, Edward Hanlon <ed.hanlon.3@gmail.com>, Gregory Adams <adams.gregory1@yahoo.com>, Randy Jones <rjj0302@gmail.com>, Schellin, Sharon (DCOZ) <sharon.schellin@dc.gov>
Dear DC Council Members:
I am writing to you today because there is an important rezoning decision currently before the Zoning Commission  that will have long-lasting and transformative consequences if approved, and yet the contested hearing regarding this site was never properly noticed by the Office of Zoning.
The site in question is 1620 V St NW / 1617 U St NW.
This is publicly owned property that currently is home to the Third District Police Station and Fire Engine Co. 9 — both essential services that serve not only the immediate community but also the District at large.  The Third District Police Station is a hub for police activities whenever there is a large event or demonstration taking place in the District.
The site is also surrounded by two historic-designated districts and neighborhood conservation areas.
The future of this site is, therefore, important to all DC residents.
Yet, the proposed rezoning of this site was never properly noticed to residents, either by mail or by on-site placards.
The Office of Attorney General on June 2, 2023 gave very specific testimony about improving notices and making notification even wider, with far more information on the notice.  https://app.dcoz.dc.gov/CaseReport/ViewExhibit.aspx?exhibitId=312391   Yet the Office of Zoning failed to take note and implement these comments to bring greater clarity and transparency to the zoning approval process.

We, the Parties in Opposition in rezoning Case 23-02, therefore, want to bring to your attention this distressing lack of notification and transparency on the part of the Office of Zoning, and make you aware of this problem within the District’s zoning process at large.
We have filed the attached Motion with the Office of Zoning, detailing this lack of proper notification, and request that you review it and give it great consideration in your own deliberations regarding the zoning process within the District of Columbia.
Respectfully,
Arlene Feskanich
Representative of the Homeowners Within 200 Feet of Lots 826 and 827 party
OZ Case 23-02

From: ed.hanlon.3@gmail.com <ed.hanlon.3@gmail.com>
Sent: Thursday, January 4, 2024 4:01 PM
To: 'Daniel.Lyons@dc.gov' <Daniel.Lyons@dc.gov>; 'Jennifer.Steingasser@dc.gov' <Jennifer.Steingasser@dc.gov>; 'Joel.Lawson@dc.gov' <Joel.Lawson@dc.gov>; 'dcoz@dc.gov' <dcoz@dc.gov>; 'Brian (OAG' <Brian.Schwalb@dc.gov>; 'oag@dc.gov' <oag@dc.gov>; 'Alexandra (OAG' <Alexandra.Cain@dc.gov>; 'Lily (OAG' <lily.bullitt@dc.gov>; 'Maximilian.Tondro@dc.gov' <Maximilian.Tondro@dc.gov>; 'Niquelle.Allen@dc.gov' <Niquelle.Allen@dc.gov>; 'Johnnie.Barton2@dc.gov' <Johnnie.Barton2@dc.gov>; 'ashley.cooks@dc.gov' <ashley.cooks@dc.gov>; 'odca.mail@dc.gov' <odca.mail@dc.gov>; 'jlewisgeorge@dccouncil.gov' <jlewisgeorge@dccouncil.gov>; 'oca.eom@dc.gov' <oca.eom@dc.gov>; 'dmped.eom@dc.gov' <dmped.eom@dc.gov>; 'planning@dc.gov' <planning@dc.gov>; 'sharon.schellin@dc.gov' <sharon.schellin@dc.gov>; 'DCOZ – ZC Submissions (DCOZ' <DCOZ-ZCSubmissions@dc.gov>; '1b@anc.dc.gov' <1b@anc.dc.gov>; '2B@anc.dc.gov' <2B@anc.dc.gov>
Subject: Joint Motion to Continue January 8, 2024 Hearing Due to Failure to Properly Notify All Property Owners Within 200 Feet & Mailing List Used to Serve Property Owners Was from 2022 (or Earlier)

 

JOINT MOTION OF DUPONT CIRCLE CITIZENS ASSOCIATION,

HOMEOWNERS WITHIN 200 FEET OF LOTS 826 AND 827 AND RANDALL JONES

REQUESTING THE COMMISSION CONTINUE THE JANUARY 8, 2024  HEARING DUE TO

FAILURE TO PROPERLY NOTIFY ALL PROPERTY OWNERS WITHIN 200 FEET

 

—- continued on the record —-

———– click link above ——–

pdf icon Joint-Motion-to-Continue-January-8-2024-Hearing-Due-to-Failure-to-Properly-Notify-All-Property-Owners-Within-200-Ft.pdf

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