Res 06-28
ANC 3F RESOLUTION OPPOSING ZONING CASE NO. 06-37,
APPLICATION TO ESTABLISH C-1 ZONING ON THE NORTH SIDE
OF THE 4000 BLOCK OF CHESAPEAKE STREET, N.W.
Advisory Neighborhood Commission 3F
North Cleveland Park, Forest Hills & Tenleytown
4401-A Connecticut Avenue, N.W., Box #244
Washington, D.C. 20008-2322
WHEREAS, at the request of the D.C. Office of Property Management,
the D.C. Office of Planning (OP) filed a petition “to establish C-1 zoning
for a site including part of Lots 1, 2, 3, 5, 6, 7, 8, 29, 28, and 27, Square
1765” in order to use a red brick building located on “part of Lot 1” for
offices for the Street and Alley Cleaning Division of the D.C. Department
of Public Works (DPW); the other lots are currently unimproved or contain
tennis courts and, as the set down report states on page 1, the subject property
“is unzoned and located within Fort Reno Park” (Exhibit 1 in the case file);
and
WHEREAS, although the set down report describes this property as consisting of 6,600 square feet of land extending “east from the west side of Belt Road to a closed segment of Sheridan Street on the north of Chesapeake Street, or almost to present day 41st Street”, in fact the subject property extends east from the east side of Belt Road almost to present day 40th Street, N.W.; and
WHEREAS, Advisory Neighborhood Commission 3F (ANC 3F) is affected by this petition, not only because the subject property is within 200 feet of ANC 3F (40th Street and Chesapeake Street serve as the boundary between ANC 3E and ANC 3F), but also because ANC 3F residents use this area for recreation and because residents and ANC 3F have long understood it to be part of Fort Reno National Park, for which ANC 3E and ANC 3F share advisory jurisdiction;[1] and
WHEREAS, ANC 3F has serious questions that must be addressed before the merits of this petition are considered:
1. What precisely is the land area to be zoned in this case?
The set down report gives no specific boundaries or dimensions of this land, only the total land area of 6,600 square feet. On page 4 the report does show a computer-generated quadrilateral covering an area that includes all of the red brick building and the lawn between the tennis courts and roadbed of Chesapeake Street. This area easily could be larger than 6,600 square feet. No survey appears to have been done.
The plat of the subject property at Exhibit 3 in the case file shows not only Lots 1, 2, 3, 5, 6, 7, 8, 29, 28, and 27, but also a “Lot 4” between Lots 3 and 5. The placards posted on the red brick building also list a “Lot 4”, as does the notice of the hearing in the September 22, 2006, D.C. Register. Yet, there is no Lot 4 on the 1960 Baist Map at Exhibit 2 in the case file, nor on the plat of Square 1765 on file at the D.C. Surveyor’s Office.[2] See Attachment A.
Although the set down report petitions to zone part of these lots, the plat at Exhibit 3 does not delineate what part of the lots is to be zoned, leaving the real possibility that the Zoning Commission could establish zoning for the lots in their entirety. If so, the land to be zoned would total 30,850 square feet (28,350 square feet if “Lot 4” does not exist), or more than half an acre – not the 6,600 square feet recommended for set down. The full area of these lots includes not only the red brick building and lawn, but also a significant portion of the three tennis courts and a stand of shade trees. See Attachment B.
Such a rezoning would have an enormous impact on the park and on the surrounding area. ANC 3F believes that most of this land is federally-owned and not subject to zoning and that the rest of the land has been incorporated into Chesapeake Street.
2. Where is the District-owned land located, and is any of it north of Chesapeake Street, as the Office of Planning claims?
In fact, numerous maps and documents show that all of the land immediately north of Chesapeake Street is part of federally-owned Fort Reno National Park. The August 1995 map of the Park System of the Nation’s Capital and Environs identifies this land as park land and indicates that it is part of federal Reservation 470. See Attachment C.
The U.S. Department of the Interior’s Final Environmental Assessment, Athletic Field Construction and Renovation at Fort Reno Park, Washington, D.C. (September 17, 2001) describes Fort Reno as “bounded on the south by Chesapeake Street, on the north by Fessenden Street, on the east by Nebraska Avenue, and on the west by Belt Road”, page 2, and asserts that “Fort Reno Park is under the jurisdiction and management of the National Park Service, which classifies it as a multiple-purpose park offering ‘a variety of activities’” including “three tennis courts on the southwest corner of the park”, page 16. A map at Appendix B of the Environmental Assessment further indicates that all of the land north of Chesapeake Street is part of Fort Reno National Park. See Attachment D.
In addition, the 1996 D.C. Zoning Map shows all of the land on the north side of the 4000 block of Chesapeake Street as within the “Fort Reno Recreation Center” and identifies it as a federal holding. See Attachment E.
The National Park Service (NPS) has taken actions consistent with ownership of the land north of Chesapeake Street. NPS built the tennis courts and maintains the property surrounding them. In the 1980s, it demolished a barn on the northern part of Lots 1 and 2. See Attachment F. Community groups that used the red brick building on the corner between the 1970s and 1990s believed that they occupied the building at the discretion of NPS, which sought to evict them in 1991. See Attachment G. Even though the red brick building has been vacant since that time, the Park Service still has a key to it. Just this past summer, staff from Rock Creek Park used the key to admit members of the Tenleytown Historic Society into the building.
The District’s own property tax records do not support District ownership of any lots in Square 1765. None of these lots shows up in the tax records, either by lot number or by street address.[3] The tax records do give a listing for Fort Drive as a whole and indicate that it is owned by the United States of America. This is a large parcel, which may include Fort Reno Park. The complete absence from the tax records of any lots in Square 1765 raises the question whether they still exist as separate entities.[4]
OP bases its claim to District ownership on Map No. 8094, dated January 2, 1957, and entitled “Closing of Public Highways and Public Alleys, also Transfer of Jurisdiction". (Book 129, page 27, on file at the D.C. Surveyor’s Office) Among other things, this map shows that roughly 20-30 feet of the southern portion of Lots 1, 2, 3, 5, 6, 7, 8, 29, 28, and 27 (no “Lot 4” is shown) is marked for transfer of jurisdiction from NPS to the District in order to widen Chesapeake Street to 74 feet.[5] See Attachment H. To date, OP has not been able to produce any other documentation, such as a deed, to show that the District holds the title or fee to this land.
Significantly, the transferred land shown on the 1957 map is south of the northern boundary of Chesapeake Street, and thus within the property lines for Chesapeake Street itself, not north of it, as claimed in OP’s set down report on pages 1 and 4. In sum, ANC 3F knows of no transfer of jurisdiction or ownership from NPS to the District for land north of or outside of Chesapeake Street.
3. If the subject property is part of the right-of-way for Chesapeake Street, does the Zoning Commission have the authority to zone it, or is the appropriate action to seek a permit from the Public Space Committee of the District Department of Transportation (DDOT)?
The 1957 transfer to increase the width of Chesapeake Street is corroborated by DDOT’s public space records. The computerized street map maintained by the Public Space Office shows this strip of land within the boundaries of Chesapeake Street and without separate lot designations. This map also shows that, while most of the red brick building sits within Fort Reno Park, part of it projects into the right-of-way for Chesapeake Street. See Attachment I.
Measurements on the ground indicate that the red brick building projects approximately 17 feet into the right-of-way for Chesapeake Street, leaving most of it on federal park land.[6] The boundary between Chesapeake Street and the park falls approximately one foot north of the building’s large multi-paned first floor window (one foot to the left the window in the photograph on page 3 of the set down report). Because the building projects into the right-of-way for Chesapeake Street, the roadbed curves to the south to avoid it.
ANC 3F knows of no provision authorizing the Zoning Commission to establish zoning for District streets. If the Zoning Commission were to zone land within a street, how would bulk regulations be applied? What precedent would such an action set for other structures projecting into public space? It is ANC 3F’s understanding that an applicant seeking to remodel and occupy a projection into a District street must apply for a public space permit.
4. Is it appropriate for the D.C. Zoning Commission to zone federally-owned land, such as this portion of Fort Reno Park?
The D.C. Code specifically prohibits the Zoning Commission from regulating federally-owned property. Instead, review authority rests with the National Capital Planning Commission:
The [Zoning Regulations] shall not apply to federal public buildings; provided, however, that, in order to ensure the orderly development of the national capital, the location, height, bulk, number of stories, and size of federal public buildings in the District of Columbia and the provision for open space in and around the same will be subject to the approval of the National Capital Planning Commission.
D.C. Code § 6-641.15 (2001 Ed.)
Thus, the National Capital Planning Commission is the appropriate agency to review any changes to the red brick building and the open space surrounding it, not the D.C. Zoning Commission. (And as the Tenleytown Historic Society points out, because the building is located within Reservation 470, which has been landmarked, any alterations to the structure will also have to be reviewed by the D.C. Historic Preservation Review Board.)
and
WHEREAS, establishing commercial zoning for these lots would allow this area to be developed for far more than the red brick building: one or more office buildings could be built, as well as a parking lot for employee cars or DPW trucks; the tennis courts could ultimately be demolished and trees removed to make way for more profitable commercial uses; any of these changes would destroy the use of this area for recreation and open space and could have a detrimental impact on the rest of the park; and
WHEREAS, Fort Reno Park lies within a large R-1B zone district, low density residential use (see the Zoning Map at Attachment E); no other properties immediately adjacent to the park are commercially zoned; rather, all adjacent properties are homes zoned R-1B or are schools, which are allowed as a matter of right in an R-1B zone (11 DCMR § 201.1 (k)); and
WHEREAS, commercial or office use for this site is inconsistent with the D.C. Comprehensive Plan, which states that
Public facilities planning for Ward 3 must be sensitive to the retention of green space, compatible in use and scale, respect architectural qualities, including historic district and landmark protections, and be consistent with the Comprehensive Plan (10 DCMR § 1405.3 (b)) and
In the decision-making to locate public facilities, there shall be a presumption that open space land should be retained or increased for park or recreational purposes. (10 DMCR § 1405.8 (a))
and
WHEREAS, the Generalized Land Use Map confirms that this site is intended for parks, recreation, and open space – not commercial or office use (see Attachment J); and
WHEREAS, commercial or office use within Fort Reno Park would conflict with policies of the Federal Elements of the Comprehensive Plan (see Attachment K) and with the purposes of the Fort Circle Park System, of which Fort Reno is a part, as set forth at page 8 of the Final Management Plan for the Fort Circle Parks (September 2004):
The Final Management Plan specifically indicates that the part of Fort Reno Park where this land is located is to be managed for recreational use (see Attachment L); and
WHEREAS, the District has no compelling or overriding need to use the red brick building or the surrounding area for offices for DPW’s Street and Alley Cleaning Division; this division serves the entire District; its office needs could be accommodated anywhere in the city, as is shown by the fact that its current offices are located in another ward; and
WHEREAS, for a number of years, residents have been asking that the red brick building be used for restrooms, storage of sports equipment, and other recreational needs as an adjunct to use of the park and the ball fields soon to be built there; others have asked for space in the building for historic displays about Fort Reno; and
WHEREAS, the uses that the community desires are recreational in nature, and thus consistent with the District and Federal Elements of the Comprehensive Plan as well as the Final Management Plan for the Fort Circle Parks;
THEREFORE BE IT RESOLVED THAT: ANC 3F requests that the Zoning Commission grant it the status of affected ANC for this case and accord it great weight, as required by Neighbors United for a Safer Community v. DC Board of Zoning Adjustment, 647 A. 2d 793, 797-798 (DC 1994)[7]; and
BE IT FURTHER RESOLVED THAT: ANC 3F joins with ANC 3E in requesting that the Zoning Commission continue this case; specifically, ANC 3F requests that all preliminary questions about land area and location, the existence of Lot 4, the present status of any of these lots, ownership of the land, and the Zoning Commission’s authority to zone it be resolved before the case is heard; and
BE IT FURTHER RESOLVED THAT: based on the foregoing discussion, ANC 3F recommends that this petition be withdrawn or denied for lack of jurisdiction; and
BE IT FURTHER RESOLVED THAT: ANC 3F strongly opposes commercial zoning or use for Lots 1, 2, 3, 5, 6, 7, 8, 29, 28, and 27 in Square 1765 (and Lot 4 if it exists) and urges that any further action for commercial use or development of this area be denied as inconsistent with both the District and Federal Elements of the Comprehensive Plan and with the Final Management Plan of the Fort Circle Parks; and
BE IT FURTHER RESOLVED THAT: ANC 3F urges that District agencies and the National Park Service work with the community to find a more suitable use for the red brick building and one that is consistent with the Comprehensive Plan and purposes of the Fort Circle Park system; and
BE IT FURTHER RESOLVED THAT: ANC 3F appoints Commissioners Cathy Wiss and Karen Perry to represent it at all proceedings in this case.
____________________________________________________________________________
This resolution was adopted by a vote of 4-0-0 at a duly-noticed public meeting on November 20, 2006, with a quorum present (a quorum being four).
/s/ Cathy Wiss
/s/ Dan Klibanoff
___________________________________ ___________________________________
Cathy Wiss, Chair Daniel Klibanoff, Acting Secretary
Attachments:
A – Plat of Square 1765 on file at the D.C. Surveyor’s Office
B – Land area of Lots 1-3, 5-8, and 27-29 superimposed on a plan of Fort Reno Park
E – Detail from the 1996 D.C. Zoning Map
G – “Park Service Stirs a Hornet’s Nest”, The Washington Post (May 18, 1991)
H – Map No. 8094, “Closing of Public Highways and Public Alleys, also Transfer of Jurisdiction", January 2, 1957, and detail
I – D.C. Public Space map and street width dimensions for Chesapeake Street, N.W.
[1] Although it is within 200 feet of the subject property, ANC 3F did not receive official notice of this case from the Office of Zoning.
[2] Following adoption of this resolution by ANC 3F, Rick Dreist, the D.C. Surveyor, acknowledged that Square 1765 was recorded in 1877 and that Lot 4 never did exist.
[3] The tax records do show District ownership of lots in the 3900 block of Chesapeake Street, not the 4000 block, where the lots subject to this petition are located. These are in Squares 1759 and 1768. Because the uses of these properties are listed as “special purpose” and “school”, they are presumably the reservoir and Wilson High School.
[4] Typically, when a lot is subdivided, each piece of the lot is given a new lot number. In this case, though, the fragments of lots could have disappeared as separate entities when they were consolidated into a larger piece of land, such as Reservation 470. Such a consolidation is also called a subdivision.
[5] Accompanying the map are several explanatory statements, including:
Department of the Interior NPS
DC ____________ 195 _____________
In accordance with Public Act 143, approved May 20, 1932, I hereby accept the transfer from the Commissioners of the District of Columbia of the area shown hereon in hatched lines and I hereby transfer to the Commissioners of the District of Columbia the area shown in cross hatched lines.
Signed: E. T. Scoyen, Acting Director, NPS
In addition to the transfer of the cross-hatched area to widen Chesapeake Street, this map shows the closure of Belt Road from Chesapeake to Davenport Street and its transfer from the District to the National Park Service. The map of the Park System at Attachment C shows Belt Road as part of the park.
[6] The west facade of the building measures 48 feet. Its present length indicates that an addition and rear porch were added after the walls of the building were drawn on the plat at Attachment A.
[7] In Neighbors United for a Safer Community, the Court recognized that “it would be manifestly unreasonable to conclude that the area represented by an ANC which is physically located directly across the street from the proposed facility for which the special exception is sought would not be affected by it,” 647 A2d at 797, and held that “it 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 798.