Civic engagement, zoning matters, and democracy

By law, for matters before the Zoning Commission and the Board of Zoning Adjustment, property owners located within 200 feet of the project are supposed to be notified.

Now, that's not much, 200 feet is about 2/3 of one block, and typically, impact of significant projects can be greater than that, certainly a full block, maybe two...

Advisory Neighborhood Commissions are elected bodies representing sub-Ward areas, based on specific boundaries and geographies. Boundary lines between ANCs and between Single Member Districts are in the middle of the street. Notice requirements also exist for ANCs in which a project is located, but notice requirements do not exist for ANCs that may abut the lot in which a project is located.

So a project on one side of the street in one Ward can abut ANCs in other Wards, or can abut other ANCs within a Ward. For example, at East Capitol and 8th Street, ANCs 6A, 6B, and 6C meet at the middle of the intersection. ANC6C and ANC6A abut ANC5B and Ward 6 abuts Ward 5 along Florida Avenue.

But while there is specific legislation authorizing involvement of abutting ANCs in alcoholic beveraging licensing matters, there isn't for zoning.

Generally though, when an abutting ANC makes the 200 feet within a project argument, even the city's second most odiest land use law firm won't challenge the ANC's privilege or right to participate. And the Zoning Commission and the Board of Zoning Adjustment will award party status if requested.

But not the more odiest of the city's land use lawyers.

At last night's hearing on the Gateway Market project (Zoning Commission Case 06-40), former Councilmember John Ray representing the Sang Oh Development group and Ward 5 Councilmember Harry Thomas Junior both challenged the petition of ANC6C to participate in the matter.

Councilmember Thomas submitted testimony to the Zoning Commission which was read by his economic development staffer Vicky Leonard-Chambers to the Commission, _as the first matter of business concerning Case 06-40_. Thomas' testimony focused on the location of the project within Ward 5, even though the location of the proposed project is less than 60 feet from the boundary of Ward 6 and ANC6C.

Councilmember Tommy Wells of Ward 6 did submit a letter to the Zoning Commission in support of this request. Because a representative from his office was not present, it was not read aloud or presented.

The Zoning Commission did award party status to ANC6C in Case 06-40. But the Councilmember's and the land use lawyer's opposition to this request shows a lack of respect for democracy and civic engagement that I find appalling.

-----And in 2002, during the ANC redistricting that happens after every Census, I suggested that the Florida Market be located in Ward 6, despite being north of Florida Avenue, because it is for the most part physically separated from residential districts in Ward 5, and immediately abuts residential districts in Ward 6.