THE DISTRICT
OF COLUMBIA
Consolidated
PUD and Map Amendment )
at
4600 Wisconsin Avenue, N.W.
) ZC
Case No. 03-27
(4600
Brandywine Associates, LLC)
)
(NORTH
CLEVELAND PARK, FOREST HILLS, & TENLEYTOWN)
In
support of this motion, we point out that the subject property, 4600 Wisconsin
Avenue, N.W., is located at the intersection of Wisconsin Avenue and Brandywine
Street, N.W., within the boundary of ANC 3E, but across the street from the
area represented by ANC 3F. The
boundary line between the two ANCs is the centerlines of Wisconsin Avenue and
Brandywine Street, N.W., making the distance between the property and the area
represented by ANC 3F much less than 200 feet.
The properties in Square 1770 listed in Exhibit D of the Application as
within 200 feet of the subject property are located in Single-Member District
(SMD) 3F06.
The
Zoning Commission Regulations for contested cases, which apply to applications
for planned unit developments, see 11
DCMR § 3022.1, require that notice of the hearing be given not only to the ANC
in which the property is located, but also to “any other ANC that is within two
hundred feet (200 ft.) of the property involved in the application.” Section
3015.3 (c). Thus, the regulations
contemplate that ANCs like ANC 3F will be full participants in a proceeding
like this.
ANC
3F is also an “affected ANC” within the meaning of Section 13(b) of the
Advisory Neighborhood Commissions Act, as amended, D.C. Code § 1-309.10 (b)
(2001), which specifies that notice of D.C. government actions be given to each
affected Commission and Commissioner representing the affected single-member
district. Not only is the subject
property adjacent to ANC 3F, it is located in the heart of the Tenleytown
commercial district, shared by ANC 3E and ANC 3F. Anticipated impacts of changing the Zoning Map or granting some
or all of the other relief sought by the Applicant would or could have a
substantial and predictable effect on persons residing or doing business in ANC
3F, including impacts on:
·
Traffic
in ANC 3F
·
Future
development of the Tenleytown commercial district in ANC 3F
·
The
ambiance, streetscape, and environment of ANC 3F
·
Other
amenities for residents of ANC 3F, including the proposed financial
contributions to four organizations that serve residents of ANC 3F, one of
which – Wilson Senior High School – is located in ANC 3F
When
a government entity is required to give notice to an ANC that would be affected
by its actions, it must give great weight to the written recommendations of
that ANC in its deliberations. D.C.
Code § 1-309.10 (d)(3)(A). This is so
even if the property in question is outside the boundary of that ANC. In Neighbors
United for a Safer Community v. D.C. Board of Zoning Adjustment, 647 A.2d
793 (D.C. 1994) the D.C. Court of Appeals held that written recommendations of
an ANC across the street from a proposed project must be given great weight,
noting “[i]t would defy both logic and common sense to conclude that an ANC can
be ‘affect[ed]’ but its written opinion not entitled to ‘great weight.’” Id.
at 698. (Opinion attached)
For
the foregoing reasons, ANC 3F requests that it be accorded party status in this
case as an affected ANC and that the ANC and the commissioner representing SMD
3F06 be given notice of all procedures and served with all documents at the
following addresses:
Chair, ANC 3F
4401-A Connecticut Avenue, N.W.
Box 244
Washington, D.C.
20008-2322
Cathy Wiss, Commissioner
ANC 3F06
3810 Albemarle Street, N.W.
Washington, D.C.
20016
Submission
of this motion was approved by ANC 3F by a vote of 6-0-0 at a duly noticed
public meeting on September 15, 2003, with a quorum present (a quorum being 4).
Respectfully
submitted,
Cathy
Wiss, Chair
ANC
3F
4401-A
Connecticut Avenue, N.W.
Washington,
D.C. 20008-2322
CERTIFICATE
OF SERVICE
I hereby certify that on September
__ , 2003, a copy of the foregoing Motion was served by first class mail to:
4600
Brandywine Associates
c/o
John Epting, Esq.
Shaw
Pittman, LLP
2300
N Street, N.W.
Washington,
D.C. 20037
Amy
McVey, Chair
ANC
3E
Washington,
D.C. 20016
Andrew
Altman, Director
D.C.
Office of Planning
801
North Capitol Street, N.E.
Washington,
D.C. 20001
Councilmember
Kathy Patterson
D.C.
Council, Ward 3
Gottlieb
Simon, Director
Office
of Advisory Neighborhood Commissions