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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.
November 9, 2023 — Zoning Commission Meeting setting down the Map Amendment for the Chevy Chase Commons, Video link: https://www.youtube.com/live/8A0ZQjAbjYs?feature=shared&t=6276
DC Zoning Commission Chairperson Anthony Hood opened the discussion of Case No. 23-25 by acknowledging that notice requirements had not been properly executed yet he proposed to waive them.
The Office of Planning said they were not aware that notice should come from them, as applicant for up-zoning the Chevy Chase Commons and other Connecticut Avenue-facing lots between Livingston and Chevy Chase Circle. OP representative Maxine Brown-Roberts referenced an acknowledgement email she received from ANC 3/4G Chair Lisa Gore on October 20, 2023, as sufficient to indicate notice.
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.
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.
Then without discussion the Commission voted unanimously to set down OP's zoning application for the miscellany of map amendments, covering public and private properties, as a “rulemaking” case.
The Office of Planning is seeking to create a specific & unique zone for the Chevy Chase Commons — “NMU-4/CC2” (see images below).
The application will come up for a public hearing sometime in 2024; the significance of the Commission deeming this case a rulemaking is that the designation reduces public participation at the hearing.
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Viewpoint:
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
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