DC Zoning Commission Waives Notice Requirements & Forges Ahead to a “Rulemaking” Hearing (in 2024) About The Future of the Chevy Chase Commons
Ward 3, Washington, DC, Nov. 9, 2023 – In a stunning rebuke to written public comments asking for postponement, including a letter from three Chevy Chase ANC Commissioners asserting that setdown of the Office of Planning's proposed new zones should not proceed “without the expressed view of ANC3/4G,” the DC Zoning Commission chose to waive notice requirements and to set down ZC Case No. 23-25 as “rulemaking.”
This decision by the Zoning Commission inches the mayor closer to privatizing public property currently occupied by the community center, library, and outdoor recreation facilities, even as ANC 3/4G continues to seek feedback from the community about the future of the site, via an ANC-devised survey. The majority of the members of the Zoning Commission are appointed by the mayor; and the Commission generally hews to the directives of the mayor's Office of Planning.
Zoning Commissioner and Vice Chair Robert Miller acknowledged “technical defects” but averred that “people know about this case going forward”. Chair Hood won unanimous approval from his fellow commissioners to waive the Commission's noticing requirements and procedures.
Chair Hood explained he was aware of ANC3/4G's community survey, to close on November 12, and stated that the Zoning Commission would take into account what the ANC drew from the survey.
The two custom zones for which OP is seeking approval (one for the site of the Chevy Chase Commons; and the second for the other Connecticut Avenue-facing lots between Livingston and Chevy Chase Circle) enable any projects that meet that custom zone criteria to proceed directly to permitting, thus eliminating future zoning hearings for developers and community members to engage in negotiations. Similarly, a “rulemaking” case is not subject to the vigorous public input that can take place with a “contested” case. These preemptive zoning actions are consistent with far-reaching text amendments proposed by the Office of Planning that squelch public participation in the zoning process (pending Zoning Case 22-25). — Andrea Rosen