A) WHEREAS: Square 1772, although in another ANC, is across the street and less than 200 feet away from ANC 3F; and development could affect quality of life for residents of ANC 3F, traffic patterns in ANC 3F and health of Soapstone Creek which flows into and through ANC 3F to join Broad Branch, a tributary of Rock Creek (ANC 3F=s eastern boundary); and

B) WHEREAS: The Zoning Commission (ZC) at its Public Meeting on March 12, 2001, discussed proposed findings of fact and conclusions of law submitted by ANC 3F and other parties, including Tenleytown Neighbors Association, Inc. (TNA), as to the applications for a Zoning Map amendment, waiver of the minimum acreage for a Planned Unit Development (PUD) and approval of a PUD consisting of townhouses on Lots 1, 2, 803 and 804 of Square 1772; and

C) WHEREAS: ANC 3F had opposed the application (by Resolutions 00-22 and 00-25, adopted unanimously on September 18 and October 16, 2000, respectively), as did TNA and ANC 3E; and

D) WHEREAS: The ZC voted unanimously (4-0) on March 12, 2001, not to approve the application but to permit submittal of a revised proposal consistent with its extensive discussion; and

E) WHEREAS: Within the extended deadline set by the ZC, J. Gibson Corporation, Inc. t/a Gibson & Associates (Applicant) as contract purchaser to replace the previous applicant, filed preliminary plans for a significantly different proposal on June 22, 2001 (New Proposal), and its principal, Mr. Jim Gibson,
* has discussed the concepts with TNA, ANC 3E, designated commissioners of ANC 3F, the National Park Service (NPS) which owns and manages adjacent land as part of the Fort Circle National Park and others in the community, and
* briefly introduced those concepts at ANC 3F's June 18 meeting (Open Forum portion) and
* refined those concepts (and is still refining those concepts) in light of comments received
* and appeared at a duly noticed public meeting of ANC 3F on July 9, 2001, together with his co-venturer, Mark Knebel, of Clemens Construction, to present
* preliminary site plan dated 6/22/01,
* drawings A1 [typical basement & first floor plans], A2 [typical second & third floor plans], A3 [typical front elevation], A4 [typical left side elevation], A5 [typical right side elevation] and A6 [typical rear elevation] all dated 6/22/01, and
* a draft exceptional merit statement dated July 9, 2001
and to address questions from commissioners and members of the community; and

F) WHEREAS: The ZC plans to consider the New Proposal at its public meeting on July 16, 2001, including any additional materials to be presented by Applicant, if filed by July 12, 2001,

• •and ANC 3F, during its June 18 meeting, decided to schedule its July meeting earlier than previously planned in order to be able to file a report in time for the ZC's public meeting and to accommodate Mr. Gibson's business timetables, and
• •Mr. Gibson has advised ANC 3F that his option to purchase the property sets a July 17 deadline for him to declare feasibility unacceptable or be legally bound to purchase; and

• proposing three pairs of semi-detached houses (6 units) instead of 11 town homes on the 23,853 square feet in Lots 1, 2 and 803 (barely half an acre) and

and also in other important respects as follows:

• 1) the New Proposal sets homes back from the property lines in an arc - instead of town homes to be built straight up to the property lines;

• •the New Proposal offers a common green area facing Albemarle Street;
• •the New Proposal would preserve several of the mature City-owned trees (not yet specified) that now provide ample tree canopy along Albemarle Street and Nebraska AvenuesB so that they will continue to shade street, sidewalk and passersby in summer and moderate visual impacts of the new houses on the neighborhood B in contrast to the rejected proposal to clear cut all the City-owned street trees and replace them with saplings;
• •the New Proposal would preserve some views into the property, and the urban forest beyond, in contrast to the rejected proposal's walls of town homes between the neighborhood and land to the north and west;

• 2) the New Proposal offers a conservation easement over a part (to be defined) of the northwest corner of Lot 1 which would protect much or most of the present drainage area between the Fort Circle National Park (to the west of Lot 1) and the headwaters of Soapstone Creek on the Woodrow Wilson High School grounds (to the north of Lot 1) - instead of no easement (and placement of houses and a bio-retention facility in that area) under the rejected proposal;

 
• 3) the New Proposal increases to about 50 feet the closest distance between any proposed structure and the pre-Civil War great white oak just on the Wilson High School side of the property line (which shades and cools Soapstone Creek) - in contrast to 30 feet under the rejected proposal B thereby enhancing likelihood of that tree=s survival;

• 4) the New Proposal reduces lot occupancy (footprint) of the proposed homes to 7,056 square feet (29.7%) in contrast to the rejected proposal's 8,990 square feet (for Phase I);

 
• 5) the New Proposal appears also to reduce the area of driveway as compared to the rejected proposal (which included about 6,000 square feet of driveway in Phase I); and

 
• 6) the New Proposal addresses community concerns about traffic, congestion and pedestrian safety by having one driveway, opening on Nebraska Avenue, serving six homes - in contrast to the rejected proposal's driveway serving 11 homes and opening on to a narrow, heavily-traveled section of Albemarle Street bracketed by two, complex, multi-street intersections;

 
• 7) the New Proposal has a stated Floor Area Ratio (FAR) of 1.1, less than that of the rejected proposal in either Phase I or both Phases combined;

 
• 8) the New Proposal also would have somewhat lower perceived building heights, i.e., heights as perceived from Albemarle Street although preliminary plans call for heights to the ridge line of 38' above finished grade at the front three stories and 43' 8" at the rear four stories as the natural grade slopes downward from front (facing Albemarle Street and its street trees) to rear (viewing Wilson High School and its white oaks and other trees on both banks of Soapstone Creek); and

• •1) include a street-tree pruning, maintenance and preservation program (including removal of some trees) that is satisfactory to the Trees Division for public space adjacent to the property (on both sides of the sidewalk), in compliance with requirements of DC law and regulations as to City-owned trees under the jurisdiction of the Trees Division, and

 
• •2) have a qualified arborist or urban arboricultarist prepare a detailed, tree preservation plan for the great white oak on DC Public Schools land, share such plan with TNA and ANC 3F and submit such plan to the ZC for opportunity for public comment and inclusion as a PUD condition, and

 
• •3) include a conservation easement, covering an area to be defined (of no less than 2,000 square feet) and in a form to be defined, and

 
• •4) prepare and implement a tree preservation plan satisfactory to the National Park Service regarding impacts on Park trees near the western boundary of Lot 803, and

 
• •5) plant at least 25 trees on the property as part of the landscaping, and

 
• •6) work with the Bregons to create appropriate buffering to shield their property, and

 
• •7) if desired by DCPS and/or the NPS, plant trees immediately adjacent to the property (but not throughout the neighborhood as in the rejected proposal), and

 
• •8) shortly file its Environmental Impact Screening Form (EISF), and

 
• •9) use pervious surface for at least part of the driveway, and

 
• •10) reduce the area of driveway in fact (to 5,255 square feet) as compared to the rejected proposal (which included about 6,000 square feet of driveway in Phase I) and so reduce total house and driveway coverage combined below 52 percent of the property in contrast to about 63 percent (for Phase I) under the rejected proposal appears to, and

 
• •11) construct a stormwater management and infiltration system approximately 100 feet long between Nebraska Avenue and the white oak (thereby helping to recharge the Creek wetlands) instead of a bio-retention facility at the Nebraska Avenue edge of the property line as in the rejected proposal, and

 
• •12) do far less excavation and soil removal than the rejected proposal, and

 
• •13) in coordination with Wilson High School and the DC Public Schools (DCPS), make every effort to gain their timely agreement to Applicant's participation on DCPS land to

• •14) install decorative fencing to protect Fort Circle National Park.

• six homes in three semi-detached houses provides a similar housing type to many homes in nearby R-2 zoned areas;

 
• these houses will be arranged in an arc that extends back from the Bregons' house to create a cohesive and interesting visual layout for the 3900 block of Albemarle Street;

 
• arranging the houses in an arc preserves open space for the community to enjoy;

 
• providing a single driveway from Nebraska Avenue alleviates community concerns about pedestrian safety and congestion on Albemarle Street;

 
• preserving, pruning and maintaining many of the mature City-owned trees that now grace Albemarle Street and Nebraska Avenue preserves neighborhood ambience and environmental blessings during the years it will take new trees to mature;

 
• granting a perpetual conservation easement over 2,000 square feet or more running with the land protects a natural drainage area between Fort Circle National Park and the headwaters of Soapstone Creek;

 
• relocating the houses and driveway and use of pervious materials, as well as a strong tree protection plan protects the great old (pre-Civil War) majestic white oak, a major community asset belonging to the District of Columbia;

• protecting Fort Circle National Park from physical and visual encroachments respects a treasure that is listed on the National Register of Historic Sites; and

K) WHEREAS: True Smart Growth involves a comprehensive plan adopted by a local jurisdiction, but important elements of a Smart Growth philosophy are using land more efficiently, improving traffic flow, increasing density at transit locations, and preserving environmentally-sensitive land; and, while site-specific, this project, as outlined by Mr. Gibson, is an example of a transit-oriented, cluster development, an innovative, smart growth land use technique, that rezones a site by grouping homes tightly and increasing density on the more buildable portions of a site in order to allow other buildable portions of a site to remain as open space to preserve natural features such as trees, streams, valleys and steep slopes; and the central driveway requires less paving and contains traffic flow. [Source: The National Association of Home Builder=s Smart Growth Report, Year 2000 (This cluster-type development concept is sometimes referred to as Open Space Development or Conservation Development because of its tendency to preserve larger, more valuable open spaces.)];

NOW, THEREFORE, upon review of the New Proposal in light of the transcript of the ZC's public meeting discussion on March 12, 2001, ANC 3F B

1. Withdraws without prejudice its objections to a Map Amendment, waiver of the minimal acreage requirement for this PUD and approval of a PUD if, but only if, the ZC imposes appropriate conditions B including conditions that Applicant submit and adhere to

(a) each of the additional plans and exceptional merit commitments presented to ANC 3F, as described above, with meaningful opportunity for ANC 3F to comment to the ZC by means of a written report as to each such submittal and

(b) a draft perpetual conservation easement as a covenant running with the land, to be recorded in favor of and enforceable by (i) the National Parks Foundation (which would be free to alienate to the National Park Service) or other qualified charitable or governmental recipient and (ii) any individual property owner in the 3900 block of Albemarle Street, N.W., or 4500 block of Nebraska Avenue, N.W., with a commitment to record same after review by the ZC, after giving ANC 3F and other interested parties opportunity to comment;

2. recommends that the ZC at its July 16, 2001, public meeting and in anticipation of its next public meeting, scheduled for September 17, 2001:

(a) hold the record open to permit further filings by Applicant, TNA or the ANCs if needed to clarify or obviate any issue prior to the September 17 meeting; and

(b) set a date for parties, including ANC 3F, to file proposed findings of fact and conclusions of law in advance of the ZC's September 17, 2001 public meeting;

3. reserves the right to submit a report if any condition is not satisfied or in response to any inadequate filing purporting to satisfy a condition and asks that the ZC authorize receipt of such ANC report (if any) as may be filed; and

4. designates Commissioners Bardin and Wiss to represent ANC 3F at any further proceedings of the ZC and to submit ANC 3F's proposed findings of fact and conclusions of law.

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Adopted by vote of 7-0 -0 at a duly noticed meeting with a quorum present on July 9, 2001.

/s/ David J. Bardin                     /s/ Robert V. Maudlin
Chair                                          Secretary