WHEREAS, the Board of Zoning Adjustment issued an order dated October 1, 1997, approving Application No. 16110, of Howard University for a special exception under Section 210 and Subsection 302.1, to update an approved campus plan in an R-1-A/R-2 District, and

WHEREAS, the Board of Zoning Adjustment approved this West Campus Plan, subject to thirteen conditions, voluntarily and mutually agreed to by ANC 3F, the residential community, and Howard University officials from the Main Campus and the West Campus, intended to address the neighborhood problems and concerns of the residential community that arose from Howard University's non-compliance with the 1994 West Campus Plan, 

WHEREAS, the BZA approved by bench order Application #16353 for further processing and an amendment to the West Campus Plan for the construction of a new law library, and a modification of the operating standards, and

WHEREAS, ANC 3F received no notice from Howard University of a request to change the operating standards for campus operating hours, and no notice from the BZA regarding a request by Howard University to change the mutually agreed upon hours of operation for the West Campus, and

WHEREAS, ANC 3F passed the attached resolution on May 15, 2000, seeking assistance from the Zoning Administrator and the Board of Zoning Administrator to help cure a pattern of non-compliance with the West Campus operating conditions to no avail [Appendix A], and

WHEREAS, Howard University has done extensive roadwork on the West Campus, effectively closing off a road that connected Van Ness Street to Upton Street, without benefit of the proper permits or consultation with the Department of Transportation, creating a serious safety problem as fire trucks no longer have ready access to some of the buildings on the West Campus, and

WHEREAS, Howard University has more buildings on the West Campus than authorized by the BZA, due to continued use of the Daniels Law Library building in violation of BZA order #16610 which states, "When construction of the new library has been completed, the University would demolish the existing Daniels Law Library building and convert that area to open space", and WHEREAS, Howard University failed to follow the approved building plans for construction of the parking lot and also failed to take corrective action to address an erosion problem caused by this construction, leading to a critical erosion problem threatening Van Ness East property and Soapstone Valley Park, and 

WHEREAS, this erosion problem has continued to worsen as Howard University has not taken the steps called for in the enforcement letter sent to Howard University by the Department of Health in September 2001, and

WHEREAS, the Van Ness East Condominium Board of Directors and the Van Ness South Tenants' Association Board of Directors has tried on numerous occasions to meet with officials at the West Campus and the Main Campus to no avail and being shuffled from one person to another, and 

WHEREAS, ANC 3F has on two separate occasions invited the Dean of the West Campus, or a designee, to attend an ANC meeting to seek information and voluntary compliance with the approved Campus Plan, and 

WHEREAS, the attachment shows the Operating Conditions Howard University West Campus continues to violate [Appendix B], 

WHEREAS, Title 11 of the District of Columbia Municipal Regulations, Subsection 3205.3, states, If a building permit or certificate of occupancy has been issued under the authority of a decision of the Board of Zoning Adjustment to approve a special exception or variance, then for the purposes of Subsections 3205.4 and 3205.5 of this section, each condition to the approval of the special exception or variance shall be treated as a condition to the issuance of the building permit or certificate of occupancy, 

BE IT RESOLVED, THAT

1. DCRA revoke the Certificate of Occupancy for the Howard University Law Library until such time as Howard University corrects wilful and egregious non-compliance and complies with the operating conditions of the West Campus Plan on which approval for the new law library were based.

2. DCRA issue no building, construction, remodeling, or rehabilitation permits to Howard University West Campus, except of an emergency nature, until Howard University complies with all Operating Conditions in BZA order #16110. 

3. The Board of Zoning Adjustment not permit any further processing of the 1997 Campus Plan until Howard University complies with all Operating Conditions. 

4. The Compliance Officer to be hired by the Board of Zoning Adjustment in this fiscal year investigate the Howard University West Campus non-compliance and seek enforcement with appropriate District government agencies. 

================================================================== ===

Adopted February 19, 2002, by a vote of 6-0-0 at a duly noticed public hearing with a quorum present.

/s/Cathy Wiss_______________________                                    /s/David J. Bardin______________
Cathy Wiss, Chair                                                                           David J. Bardin, Secretary
 

APPENDIX A:

Res 00-13

WHEREAS, the Board of Zoning Adjustment issued an order dated October 1, 1997, approving Application No. 16110, of Howard University for a special exception under Section 210 and Subsection 302.1, to update an approved west campus plan in an R-I-A/R-2 District, and

WHEREAS, the BZA approved application #16353 for further processing and an amendment to the West Campus Plan, dated June 17, 1998, and

WHEREAS, the Board of Zoning Adjustment ordered the application be granted, subject to thirteen conditions, which were voluntarily and mutually agreed upon by ANC 3F, the residential community, and Howard University and their attorney, to address the concerns of the residential community with respect to the Campus Plan and to address neighborhood problems that resulted from the 1994 Campus Plan; and

WHEREAS, Title 11 of the District of Columbia Municipal Regulations, Subsection 3205.3, states "If a building permit or certificate of occupancy has been issued under the authority of a decision of the Board of Zoning Adjustment to approve a special exception or variance, then for the purposes of Subsections 3205.4 and 3205.5 of this section, each condition to the approval of the special exception or variance shall be treated as a condition to the issuance of the building permit or certificate of occupancy;

WHEREAS, Howard University has repeatedly violated, and continues to violate, Operating Conditions #2, #3, #4; #6, #7, #10; and #13; and violated other statements contained in their West Campus Plan submission to the Board concerning programming at the campus, special events, traffic and parking; and

WHEREAS, DCRA has sent inspectors to speak with Howard representatives concerning the early morning (prior to 6 a.m.) late evening (2:30 a.m.) and weekend construction and, in some cases, DCRA reported to the community that they had issued "stop work" orders to no avail; and

WHEREAS, at meetings with representatives of the Boards and Management of Van Ness South and Van Ness East and two ANC Commissioners, Howard representatives have been unable or willing to address compliance and/or a time frame for compliance with the Operating Conditions, and

WHEREAS, requests to Howard through their attorney to seek compliance with the BZA order have gone unanswered;

WHEREAS, the Zoning Regulations for a special exception by a college or university in an R-I-A/R-2 district require that the granting of the special exception would not become objectionable to neighboring properties because of noise, number of students, vehicular traffic, or other objectionable conditions;

WHEREAS, ANC 3F, at its Public Meeting on May 15, 2000, heard from residents and received documentation of the violations to the operating standards which conditioned approval of the West Campus Plan;

BE IT RESOLVED, that ANC 3F, petitions the Board of Zoning Adjustment, to suspend and rescind the special exception approvals given to Howard University for the 1997 West Campus Plan and for further processing of that campus plan in 1998,
and

BE IT FURTHER RESOLVED, that ANC 3F, in accordance with Title 11, Subsection 3205.3 of the Municipal Code, requests the Zoning Administrator and the Building and Land Regulation Administrator immediately suspend and rescind any and all building permits issued for construction of the law library building and any other building on the West Campus and to issue a stop work order or orders.

Approved at a duly noticed, regular monthly business meeting on May 15, 2000, with a quorum present, by a vote of 7-0-0.

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

APPENDIX B:

3. No West Campus construction shall take place on weekends. During weekdays, Howard University shall endeavor to respect the residential neighborhood and not begin construction or stage noisy construction activities prior to 8 a.m.
 

4. With the exception of examination periods, the hours of operation for the West Campus shall be 7:00 a.m. to 10:00 p.m., Sunday through Thursday, and 7:00 a.m. to 12 midnight, Friday and Saturday. The Law Library may remain open until 12 midnight daily. Law School faculty, administrators, and staff shall have access to the West Campus at any hour. ⁽¹⁾
 

6. Controlled access to the campus shall be provided at the Van Ness Street entrance (gate closed and controlled/security guard) within half-an-hour after closing until the school reopens.
 

8. The Upton Street entrance shall be opened as a relief valve for Van Ness Street when Howard University has graduation and other ceremonial events and/or the campus is used for large groups or events.
 

10. Howard University School of Law shall identify a high-ranking University official who shall act as a point of contact with the ANC and the neighborhood. This person shall be available to mitigate and resolve neighborhood concerns about traffic and parking problems as well as other problems thata the school activities may inadvertently cause.
 

11. Howard representation shall become a part of a neighborhood committee with the other major institutions in the area, and the scheduling of university-related and non-university related events shall be made in conjunction with an overall neighborhood scheduling coordination plan to minimize conflicts among the University of the District of Columbia, Howard University, Levine School of Music, Intellsat, the Edmund Burke School, residential organizations and other major traffic generators in the neighborhood.
 

12. No outdoor events shall take place on the West Campus to cause excessive noise (e.g., music, loudspeakers, etc.), with the exception of graduation. 
 

13. Howard University Law School shall maintain the portion of the West Campus bordering Soapstone Valley Park as open space for the term of this Updated West Campus Plan, consistent with the Parks and Open Space Element of the Comprehensive Plan. 

1.

¹Application No. 16353 changed only the hours of operation for the Law Library. BZA order now states, "The new hours of operation for the law school library shall be as follows: For faculty, students and staff: Normal operating hours shall be from 7:00 a.m. until 2:00 a.m. During exam periods, the library shall operate 24 hours a day. Non-faculty and non-student users shall normally have access to the library from 7:00 a.m. until 10:00 p.m. However, the Dean of the Law School shall establish the hours of access for non-faculty and non-student users durng exam periods."