ZC 14-07 – Setdown Report for a Consolidated Planned Unit Development and Related Zoning Map Amendment

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MEMORANDUM
TO: District of Columbia Zoning Commission
FROM: Jennifer Steingasser, Deputy Director
Historic Preservation and Development Review
DATE: June 20, 2014
SUBJECT: ZC 14-07 – Setdown Report for a Consolidated Planned Unit Development and
Related Zoning Map Amendment
 
 
 
I. RECOMMENDATION
OP recommends the proposed consolidated PUD and Zoning Map Amendment be set down for public
hearing, as it conforms to the Comprehensive Plan’s objectives for the area and to the Generalized Land
Use and Policy Maps, and would contribute to the redevelopment of the Florida Avenue Market Area.
OP will continue to work with the applicant to ensure that the following are submitted prior to a public
hearing: more refined and detailed elevations, roof plan, and other renderings as may be identified by the
Zoning Commission; a signed CBE and First Source Employment Agreement; the contracting goals for
small, local businesses; parking management plan; details concerning the curbless street and streetscape
improvements; the number of affordable units along with locations and floor plans; and an updated
benefits and amenities package.
 
II. PROPOSAL
1250 4th St. Edens LLC (the “Applicant”) has submitted a Consolidated Planned Unit Development
(PUD) and zoning map amendment to construct a new mixed-use building (the “Project”) at the
intersection of Morse Street and 4th Street, N.E. The site is Square 3587, Parcels 1290095 and 1290096.
The development proposes to reuse the existing warehouse building on the site, and expand the footprint
upward through four distinct “volumes,” where residential units would be located.
Specifically, the proposal consists of:
 
 A new eleven story mixed use building with ground floor retail and 10 stories of residential;
 A proposed height of 110 feet and proposed FAR of 8.0;
 420 to 520 residential units with 29,472 square feet devoted to affordable housing;
 Reuse of the existing warehouse on the site, which will provide 39,600 square feet of retail; and
 Approximately 400-550 parking spaces on four or five below grade levels and a loading area
accessible from the service alley located along the west property line.
In addition to the PUD-related map amendment from C-M-1 to C-3-C, the Applicant seeks flexibility in
the following areas:
 
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ZC Application 14-07, 1270 4th Street NE
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1. Rooftop Structures (§ 411.11);
2. Rear Yard (§ 774.1);
3. Open and Closed Courts (§ 776); and
4. Loading (§ 2201.1).
The applicant proposes to provide below grade parking that would be accessed from the 48 foot wide
service alley located along the west property line. Given that the parking would be excess of what is
required for the use, OP and DDOT have requested a parking management plan that demonstrates the
long term parking scenario for properties owned by the applicant in the Florida Avenue Area. At-grade
loading would also be accessed by the service alley, which is a separate parcel owned by the District,
and is not considered a public alley. The proposed curbless street as well as the streetscape
improvements are also currently under discussion, and OP and DDOT will continue to work with the
applicant to refine the proposed street improvements and public space design.
This would be the second PUD in the Florida Avenue Market Area, and would continue to set the tone
for development within the area. The proposed density and height would be consistent with those
identified in the Florida Avenue Market Small Area Plan, and with the approved Gateway Market and
Residences PUD located at 340 Florida Avenue, N.E.
 
SITE and AREA DESCRIPTION
The project is located near the northwest corner of 4th Street and Morse Street in the Florida Avenue
Market Area. Developed in 1929, the Florida Avenue Market consisted of warehouse buildings used for
wholesale operations and retail functions, and played an important role in the area until the mid-1960s,
when the market was dismantled and
sold to various owners. The market
is considered a historically and
architecturally significant place and
continues to thrive under current
tenants, including Union Market,
located less than two blocks from the
project site at 5th Street and Neal
Place. The warehouses on the site,
constructed in the 1950s, would be
adaptively reused to provide ground
floor retail, and are intended to pay
tribute to the historic warehouse
character of Florida Avenue Market.
The subject site is currently zoned C-
M-1, as are all surrounding
properties. Most of the warehouses
continue to operate as production,
distribution and warehouse uses. The
property located south of the project
is developed with two story
Aerial Photograph structures, and the
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ZC Application 14-07, 1270 4th Street NE
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property located north of the project is a paved surface parking lot. To the east and west are additional
warehouses that are actively used. Gallaudet University is located further east of the site. The project is
located approximately 1/3 mile from the NoMa-Gallaudet Metro Station and is in close proximity to
several bus lines along Florida Avenue.
The area has been the focus of many long range planning efforts, including the Ward 5 Industrial Land
Transformation Study, the NoMA Vision Plan and Development Strategy, and the Florida Avenue
Market Small Area Plan. Each of these is discussed in more detail below.
 
III. COMPREHENSIVE PLAN AND PUBLIC POLICIES
The proposed PUD must be determined by the Zoning Commission to be not inconsistent with the
Comprehensive Plan and with other adopted public policies (§ 2403.4). The proposal would particularly
further the following Guiding Principles of the Comprehensive Plan, as outlined and detailed in Chapter
2, the Framework Element:
(1) Change in the District of Columbia is both inevitable and desirable. The key is to manage
change in ways that protect the positive aspects of life in the city and reduce negatives such as
poverty, crime, and homelessness. 217.1
(6) Redevelopment and infill opportunities along corridors and near transit stations will be an
important component of reinvigorating and enhancing our neighborhoods. Development on such
sites must not compromise the integrity of stable neighborhoods and must be designed to respect
the broader community context. Adequate infrastructure capacity should be ensured as growth
occurs. 217.6
(10) The recent housing boom has triggered a crisis of affordability in the city, creating a hardship for
many District residents and changing the character of neighborhoods. The preservation of
existing affordable housing and the production of new affordable housing both are essential to
avoid a deepening of racial and economic divides in the city. Affordable renter- and owner-
occupied housing production and preservation is central to the idea of growing more inclusively.
218.3
(13) Enhanced public safety is one of the District’s highest priorities and is vital to the health of our
neighborhoods…. 218.6
(27) Residents are connected by places of “common ground,” such as Union Station and Eastern
Market. Such public gathering places should be protected, and should be created in all parts of
the city as development and change occurs. 220.6
The development proposal would particularly further the Land Use, Housing, Economic Development,
Transportation, Historic Preservation, and Urban Design Citywide Elements, as well as the Upper
Northeast Area Elements and policies:
 
Land Use Element
 
 The city’s aging building stock still requires refurbishment and replacement. The renewed
popularity of city living generates the need for more housing and new amenities. 300.4
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E650 – 1100 4 Street SW Washington, D.C. 20024 phone 202-442-7600, fax 202-535-2497
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 Land use changes have the potential to make the city more vibrant, economically healthy, exciting,
and even more environmentally sustainable than it is today. 300.5
 
 Infill and redevelopment will take place within the established business districts west of 5 th Street
NW, but a majority of the central city’s future growth will be achieved through redevelopment of
areas on its east side. 304.3
 
 Fully capitalizing on the investment made in Metrorail requires better use of the land around transit
stations and along transit corridors. 306.2
 
 Looking forward, certain principles should be applied in the management of land around all of the
District’s neighborhood stations. These include:
• A preference for mixed residential and commercial uses rather than single purpose uses,
particularly a preference for housing above ground floor retail uses;
• A preference for diverse housing types, including both market-rate and affordable units and
housing for seniors and others with mobility impairments;
• A priority on attractive, pedestrian-friendly design and a de-emphasis on auto-oriented
uses and surface parking; 306.4
Policy LU-1.3.2: Development Around Metrorail Stations Concentrate redevelopment efforts on
those Metrorail station areas which offer the greatest opportunities for infill development and growth,
particularly stations in areas with weak market demand or with large amounts of vacant or poorly
utilized land in the vicinity of the station entrance. Ensure that development above and around such
stations emphasizes land uses and building forms which minimize the necessity of automobile use and
maximize transit ridership while reflecting the design capacity of each station and respecting the
character and needs of the surrounding areas.
The proposed mixed use development would provide housing in an area that where there are currently
no housing options. It would capitalize on the site’s proximity to several transit options, and would help
to address the District’s housing demand. Housing would help to enliven and transform this section of
Florida Avenue. The Land Use Element recognizes the area around the NOMA-Gallaudet Metro Station
as an area of future growth outside of the traditional downtown.
 
Housing Element
Policy H-1.1: Expanding Housing Supply Expanding the housing supply is a key part of the District’s
vision to create successful neighborhoods.
Policy H-1.1.1: Private Sector Support Encourage the private sector to provide new housing to meet
the needs of present and future District residents at locations consistent with District land use policies
and objectives.
Policy H-1.1.4: Mixed Use Development Promote mixed use development, including housing, on
commercially zoned land, particularly in neighborhood commercial centers, along Main Street mixed
use corridors, and around appropriate Metrorail stations.
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Policy H-1.2.1: Affordable Housing Production as a Civic Priority Establish the production of
housing for low and moderate income households as a major civic priority, to be supported through
public programs that stimulate affordable housing production and rehabilitation throughout the city.
The development proposes to add 420 to 520 residential units along a mixed use corridor consistent with
the policies of the Housing Element. This development will comply with Inclusionary Zoning
requirements.
 
Economic Development Element
Policy ED-2.2.3: Neighborhood Shopping Create additional shopping opportunities in Washington’s
neighborhood commercial districts to better meet the demand for basic goods and services. Reuse of
vacant buildings in these districts should be encouraged, along with appropriately-scaled retail infill
development on vacant and underutilized sites. Promote the creation of locally-owned, non-chain
establishments because of their role in creating unique shopping experiences.
Policy ED-2.2.5: Business Mix Reinforce existing and encourage new retail districts by attracting a mix
of nationally-recognized chains as well as locally-based chains and smaller specialty stores to the city’s
shopping districts.
The proposed infill development is located on a vacant and underutilized site. The proposal would
include ground-floor retail which could help the Florida Avenue Market area to better meet the demand
for basic goods and services and reinforce the emerging retail district.
 
Transportation Element
Policy T-2.4.B: Sidewalks Install sidewalks on streets throughout the District to improve pedestrian
safety, access and connectivity. Continue to monitor the sidewalk network for needed improvements.
Consult with ANCs and community organizations as plans for sidewalk construction are developed. All
sidewalks shall be constructed in conformance with the American with Disabilities Act Accessibility
Guidelines.
Policy T-2.4.C: Innovative Technologies for Pedestrian Movement Explore the use of innovative
technology to improve pedestrian movement, such as personal transportation systems and enhanced
sidewalk materials.
The proposed project would be providing a significantly enhanced streetscape that includes landscape
planters and pedestrian amenities. The curbless street feature is a deaf space design principle in that it
creates a wide visual field that promotes visual forms of communication and safety.
 
Urban Design
Policy UD-2.2.5: Creating Attractive Facades Create visual interest through well-designed building
facades, storefront windows, and attractive signage and lighting. Avoid monolithic or box-like building
forms, or long blank walls which detract from the human quality of the street…
 
 
 
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E650 – 1100 4 Street SW Washington, D.C. 20024 phone 202-442-7600, fax 202-535-2497
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Policy UD-3.1.1: Improving Streetscape Design Improve the appearance and identity of the District’s
streets through the design of street lights, paved surfaces, landscaped areas, bus shelters, street
furniture”, and adjacent building facades.
Policy UD-3.1.7: Improving the Street Environment Create attractive and interesting
commercial streetscapes by promoting ground level retail and desirable street activities, making
walking more comfortable and convenient, ensuring that sidewalks are wide enough to accommodate
pedestrian traffic, minimizing curb cuts and driveways, and avoiding windowless facades and gaps in
the street wall.
The project would reuse an existing warehouse building, adding visual interest through the incorporation
of windows and 14-22 foot high storefronts. The streetscape would be improved to accommodate
multimodal activities, while providing amenities for pedestrians that include street furniture. The
streetscape would be improved significantly from its current state, although the final design requires
additional DDOT review.
 
Upper Northeast Area Element
Policy UNE-2.1.2: Capital City Market Redevelop the Capital City Market into a regional destination
that may include residential, dining, entertainment, office, hotel, and wholesale food uses. The
Wholesale market and the adjacent DC Farmers Market are important but undervalued amenities that
should be preserved, upgraded, and more effectively marketed.
Action UNE-2.1.B Capital City Market Develop and implement plans for the revitalization and
development of the Capital City Market into a mixed use residential and commercial destination.
Redevelopment plans for the site shall be achieved through a collaborative process that involves the
landowners and tenants, the project developers, the District government, and the community.
The proposed development will further those policies and contribute to the area’s transformation into a
regional destination that would include housing and retail uses.
 
A. Future Land Use Map
The Future Land Use Map shows this site as suitable for a mix of Production, Distribution and Repair
(PDR), High Density Commercial and High Density Residential uses. PDR areas are those
characterized by manufacturing, warehousing, wholesale and distribution centers, transportation services
and food services, among other uses. High Density Commercial areas are characterized by office and
mixed office/retail buildings greater than eight stories in height. High Density Residential areas are
appropriate for apartment buildings of eight stories or more.
The proposal is not inconsistent with the land use map designation.
 
 
 
 
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ZC Application 14-07, 1270 4th Street NE
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Subject Property:
High Density Residential,
High Density Commercial,
PDR
¯
Future Land Use Map
 
B. Comprehensive Plan Generalized Policy Map
The Comprehensive Plan’s Generalized Policy Map describes the entire Florida Avenue Market area,
including the subject site, as a Multi-Neighborhood Center. Multi-Neighborhood Centers serve the day-
to-day needs of residents and workers, but with a greater depth and variety than Neighborhood Centers.
They have a service area of up to three miles and are generally found at major intersections or along
transit routes. While their primary function is retail trade, Multi-Neighborhood Centers can include
some office and mixed-use infill is encouraged.
 
C. Ward 5 Industrial Land Transformation Study
In addition to the Comprehensive Plan, this site is identified in the Draft Ward 5 Industrial Land
Transformation Study as one of the major centers for retention and reinforcement of the existing
industrial fabric. This study encourages: the preservation of production uses; environmental stewardship
and performance; workforce development; nuisance uses and buffering; long-term affordability of
industrial space; development of new multi-tenant space; providing space for arts uses and makers; and
the development of additional community amenities.
 
 
 
 
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E650 – 1100 4 Street SW Washington, D.C. 20024 phone 202-442-7600, fax 202-535-2497
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ZC Application 14-07, 1270 4th Street NE
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Federal
Subject Property: Multi-
Neighborhood Center
 
 
 
 
Land Use
Change Area Institutional
 
 
 
 
¯
Neighborhood
Conservation Area
 
 
Comprehensive Plan Generalized Policy Map
 
D. NOMA Vision Plan and Development Strategy
The Florida Avenue Market, while technically outside the boundaries of the NOMA Vision Plan, was
nevertheless addressed in that document. It recognizes the Market as a place whose function and
character should be preserved. The NOMA Plan, however, goes on to state that the Market can be
enhanced over time through the addition of complementary new uses. The NOMA Plan is not a
Council-adopted policy document, but rather a guide for potential development in that vicinity.
 
E. Florida Avenue Market Small Area Plan
The Project is in accordance with the Small Area Plan, adopted by Council on October 6, 2009. The
Small Area Plan envisions Fourth Street as the commercial lifeline of the Market, with wide streets to
accommodate high volumes of traffic and wide sidewalks for ample pedestrian circulation. The Small
Area Plan calls for the area to include a variety of building heights. The proposed project would provide
a transition from the lower scale structures and uses of the Florida Avenue Market area to the higher
density uses of NOMA.
The applicant should provide, prior to a hearing, further documentation regarding how the proposal
furthers Plan objectives and goals.
 
 
 
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E650 – 1100 4 Street SW Washington, D.C. 20024 phone 202-442-7600, fax 202-535-2497
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ZC Application 14-07, 1270 4th Street NE
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IV. ZONING
The site is currently zoned C-M-1. The purpose of the C-M-1 zone is “to provide sites for heavy
commercial and light manufacturing activities employing large numbers of people and requiring some
heavy machinery…” (§800.1). Furthermore, C-M zones characteristically have “heavy truck traffic and
loading and unloading operations…” (§800.2). The existing C-M zone does not allow for residential
development and limits height to 40 feet as a matter-of-right and 60 feet through a PUD, so is
considered not consistent with current Comprehensive Plan direction.
The Applicant is requesting a PUD-related map amendment to change the zoning to C-3-C. C-3-C is
considered a high-density mixed-use zone, and is not inconsistent with the Comprehensive Plan. Project
parameters as provided with the application, are listed below.
Item C-M-1 C-3-C MOR C-3-C PUD C-3-C PUD Proposed Relief
MOR Required
Minimum lot N/A N/A 15,000 sf 51,000 sf Conforming
area
FAR 3.0 6.5 8.0 8.0 Conforming
residential-7.22 commercial-0.78
Height 40’ 90’ 110’ maximum 110’ Conforming
Number of Units N/A 420-520 Conforming
Square Footage 153,000 sf 331,500 sf 408,000 sf 408,000 sf Conforming
residential-368,400 sf
commercial-39,600 sf
Affordable N/A 29,472 sf Conforming
Housing
Parking retail: 1/750 sf 49 retail 250 retail Conforming
residential: 1/4 105-130 residential 200 residential
units 154-179 total 400-550 total
Bike Parking N/A 142-175 spaces Conforming
Rooftop 1 per core 1 per core 1 per core (2 total) Requested
Structures 18’-6” height 18’-6” height 18’-6” max (variable height) (for variable
1:1 setback 1:1 setback 1:1 setback (variable) heights)
Lot Occupancy 100% 100% 100% Conforming
Rear Yard 2.5”/ft. 2.5”/ft. 23 ft. 0 ft. Requested
12 ft. min. 12 ft. min.
Closed Court residential: CC-1: 1729 sf CC-1: 1040 sf Requested
2(width2) (350 CC-2: 1394 sf CC-2: 400 sf
sf min.) CC-3: 1394 sf CC-3: 400 sf
Open Court residential: 4”/ft. OC-1: 26.4 ft. OC-1: 40 ft. Requested
(15 ft. min.) OC-2: 29.4 ft. OC-2: 40 ft.
OC-3: 26.4 ft. OC-3: 40 ft.
OC-4: 26.4 ft. OC-4: 13 ft.
OC-5: 26.4 ft. OC-5: 17 ft.
Loading Residential: Residential: Residential: Requested
1-55 ft berth 1-55 ft berth 2-30 ft berths
1-20 ft space 1-20 ft space 1-200 sf platform
1-200 sf 1-200 sf platform
platform Retail:
Retail: 2-30 ft berths
Retail: 1-30 ft berth 1-100 sf platform
1-30 ft berth 1-100 sf platform
1-100 sf
platform
 
 
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Should the project be setdown, the applicant should provide additional detail and clarification
concerning the rooftop recreation space that has been provided in the penthouse.
 
V. PUD EVALUATION STANDARDS AND PUBLIC BENEFITS AND AMENITIES
The purpose and standards for Planned Unit Developments are outlined in 11 DCMR, Chapter 24.
Section 2400.1 states that a PUD is “designed to encourage high quality developments that provide
public benefits.” In order to maximize the use of the site consistent with the Zoning Regulations, and be
compatible with the surrounding community, the application requests that the proposal be reviewed as a
consolidated PUD. This will allow the use of the flexibility stated in § 2400.2:
The overall goal is to permit flexibility of development and other incentives, such as increased
building height and density; provided, that the project offers a commendable number or quality
of public benefits and that it protects and advances the public health, safety, welfare, and
convenience.
The application would allow 70' of additional building height above C-M-1 limits. The project proposes
an FAR of 8.0, which is permitted under a C-3-C PUD, but more than the 3.0 FAR permitted under the
C-M-1 zoning, a gain of 255,000 square feet. The PUD would also allow residential uses whereas the C-
M-1 Zone does not.
The PUD standards further provide that the “impact of the project on the surrounding area and upon the
operations of city services and facilities shall not be unacceptable, but shall instead be found to be either
favorable, capable of being mitigated, or acceptable given the quality of public benefits in the project.”
Sections 2403.5 – 2403.13 of the Zoning Regulations discuss the definition and evaluation of public
benefits and amenities. In its review of a PUD application, § 2403.8 states that “the Commission shall
judge, balance, and reconcile the relative value of the project amenities and public benefits offered, the
degree of development incentives requested, and any potential adverse effects according to the specific
circumstances of the case.” To assist in the evaluation, the Applicant is required to describe amenities
and benefits, and to “show how the public benefits offered are superior in quality and quantity to the
typical development of the type proposed…” (§ 2403.12). The application has offered the following
amenities and benefits as an offset to the additional development gained through the application process:
(a) Urban design, architecture, landscaping, or creation or preservation of open space;
The proposed design would incorporate an existing warehouse structure that would become ground floor
retail, having storefront heights ranging from 14-22 feet in height. Residential “volumes” would be
added on top of the retail, providing a varied and visually interesting experience along 4th Street, further
enhancing the proposed streetscape. Additional contributions toward open space would provide a
stronger benefits and amenities package while adhering to the recommendations of the Florida Avenue
Market Study.
(b) Site planning, and efficient and economical land utilization;
The proposal would enhance a currently underused site located within close proximity to a Metro station
and several Metrobus lines. The project would accommodate residential and retail uses on a relatively
small plot of land while providing a significant amount of below-grade parking, which
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E650 – 1100 4 Street SW Washington, D.C. 20024 phone 202-442-7600, fax 202-535-2497
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ZC Application 14-07, 1270 4th Street NE
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would be intended to also accommodate future developments. OP has requested a parking management
plan that would clarify the location and quantity of parking, as well as its availability to other businesses
in Florida Market. The surrounding street network would be activated with a combination of retail uses,
additional residents, and streetscape improvements.
(c) Housing and affordable housing ;
The applicant has committed to approximately 420-520 new residential units (368,400 sf.) of housing, of
which up to 29,472 sf. would be designated as affordable housing, in accordance with IZ. The
application indicates that the units would range in size, from studios to three bedrooms. The applicant
should provide, prior to a hearing, a break-down of units by type/number of bedrooms, and floor plans
that identify the location of affordable units.
(d) Social services/facilities;
The applicant has not identified a contribution to a social service or facility; however, the developer
continues to work with Advisory Neighborhood Commission (ANC) 5D and the surrounding
community to identify these needs. An updated benefits and amenities package would be provided prior
to a public hearing.
(e) Environmental benefits;
The proposed development would incorporate Low Impact Design principles, including storage and
infiltration basins below the sidewalk. The developer is also exploring the introduction of pervious
paving on the service alley located west of the project site. The project will achieve 40 LEED points,
earning a Certified rating; however, a higher designation would further enhance the benefits and
amenities package. OP will continue to work with the Applicant to refine and augment the
environmental benefits.
(f) Uses of special value to the neighborhood or the District of Columbia as a whole;
The Applicant is continuing to work with the ANC to develop additional benefits and amenities
identified as needs within the community; details and analysis would be provided prior to a public
hearing.
(g) Effective and safe vehicular and pedestrian access, transportation management measures,
connections to public transit service, and other measures to mitigate adverse traffic impacts;
The proposed development would include the installation of a curbless street, a deaf design feature that
would contribute to the vision of the Florida Avenue Market Study. While the street would facilitate
multi-modal opportunities and include significantly improved streetscape, the applicant has not yet
discussed this design with DDOT. In addition, the excess parking provided with this project should be
addressed in a parking management plan. Complete DDOT review is anticipated prior to a hearing; the
Applicant will need to further address any concerns expressed by DDOT. OP will continue to work with
the applicant to address needs beyond the site boundaries that would improve multimodal access to
Florida Market, improve pedestrian access to the New York/Gallaudet Metro station, or improve bicycle
connections to the Metropolitan Branch Trail.
 
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(h) Employment and training opportunities.
The proposed development would generate job opportunities, ranging from construction to retail use.
The applicant should provide additional information that specifies the contracting goals for small, local
businesses.
Should the project be setdown, OP would continue to work with the Applicant to refine the amenity
package and obtain additional information as noted prior to a public hearing.
 
VI. AGENCY REFERRALS AND COMMENTS
Prior to a public hearing, the application will be referred to the following District agencies for review
and comment:
 Department of Transportation (DDOT);
 Department of the Environment (DDOE);
 Fire and Emergency Medical Services Department (FEMS);
 DC Water;
 DC Public Schools (DCPS);
 Department of Housing and Community Development (DHCD);
 Department of Public Works (DPW);
 Department of Employment Services (DOES); and
 Department of Health (DOH).
 
VII. CONCLUSION
The proposed PUD is not inconsistent with the elements of the Comprehensive Plan and OP
recommends the application be set down for public hearing. OP will work with the Applicant to
supplement the proposal as noted in this report, and to respond to any requests for additional information
by the Commission.
 
JS/be
Case Manager, Brandice Elliott
 
 
 
 
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