1617 U Street: Zoning Commission Postpones Hearing Until October

On Monday, June 26, 2023, the Mayor had expected the DC Zoning Commission to rubber-stamp upzoning of 1617 U Street to high-density, allowing a future building to be constructed at the site of the police station and fire station exceeding 100 feet in height and 80% lot occupancy.

As seen in the video above, the Zoning Commission instead postponed the hearing, resetting it down as a “contested case” after receiving comments from lawyers and neighbors alleging improper notice and an error in the administrative process. The next hearing on the matter will be in October 2023.

For more background read the links below:

An attorney representing the Coalition for Affordable Housing, Not Luxury Housing! submitted two letters (letter one, letter two) to the Zoning Commission challenging the fact the case was set down wrongly as a rule-making case, instead of a contested case.

There is apparently a big administrative difference, as explained by the attorney’s letter:

“Unlike in a contested case, in a rulemaking case there are no parties, no right to call witnesses, no right to cross-examination, no right to a direct appeal to the DC Court of Appeals, no required weighing by the Commission of the effects on neighboring properties of light, air, traffic congestion, etc., of the proposed map amendment, no required notice by letter or email of this public hearing “to owners of all property within two hundred feet (200 ft.)” of these Parcels as would otherwise be required under Subtitle Z § 402.1.”

And many nearby neighbors complained of not receiving any notice from the Office of Planning about this propose high-density rezoning — click here.

On the day of the hearing, apparently the Mayor’s attorneys and the Office of Planning agreed that there was an error and the case should proceed as a contested case versus a rulemaking case. See the Office of Planning letter indicating this here.

Email exchange between the Secretary of the Zoning Commission and the attorney for the Coalition for Affordable Housing, Not Luxury Housing shown below.

———- Forwarded message ———

From: Schellin, Sharon (DCOZ) <sharon.schellin@dc.gov>

Subject: RE: Letter from the Coalition for Affordable Housing Not Luxury Housing to Anthony Hood, Chair DC Zoning Commission dated June 25, 2023
To: Ed Hanlon <ed.hanlon.3@gmail.com>

I got your voice mail. This will be decided at the beginning of the hearing. OP has made a recommendation; however, it will be up to the Commission to make the decision in how they want to proceed. I personally believe they will accept the recommendation, but I can’t make any guarantees. I will know when you know. I can tell you for certain that it will be taken up at the beginning of the hearing as a preliminary matter once the opening statement is read.

Thanks,
Sharon

—

From: Ed Hanlon <ed.hanlon.3@gmail.com>
Sent: Monday, June 26, 2023 11:52 AM
To: Schellin, Sharon (DCOZ) <sharon.schellin@dc.gov>
Subject: Re: Letter from the Coalition for Affordable Housing Not Luxury Housing to Anthony Hood, Chair DC Zoning Commission dated June 25, 2023

Good morning,

I am trying to find out whether the hearing this afternoon is being postponed at the recommendation of OP who was the Applicant. There appears to be widespread confusion among witnesses and potential witnesses. I have received calls from people not knowing what to do. I believe some who were planning on testifying think the hearing is being continued and may not appear. Do you have any update?

Thank you,

Edward Hanlon

—

On Mon, Jun 26, 2023, 8:48 AM Schellin, Sharon (DCOZ) <sharon.schellin@dc.gov> wrote:

Mr. Hanlon,

Please be advised that the Commission does not directly respond to correspondence received into the record. That is why you have not received a response to your previously submitted document/comment. However, our Director, Sara Bardin, did respond to you on June 22^nd via email. As she indicated in her email, the Commission will take up your issue, as well as any other issues, at the hearing today.

If you have any other questions, please feel free to reach out to me.

Thanks,
Sharon

Sharon S. Schellin
Secretary to the Zoning Commission
Office of Zoning| District of Columbia Government
441 4th Street, NW | Suite 200-S | Washington, DC 20001
(202) 727-0340 (direct) | (202) 727-6072 (fax)
www.dcoz.dc.gov| sharon.schellin@dc.gov

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