Section 11-Z703. CONSENT CALENDAR – MINOR MODIFICATION, MODIFICATION OF CONSEQUENCE, AND TECHNICAL CORRECTIONS TO ORDERS AND PLANS

703.1 This procedure shall allow the Commission, in the interest of efficiency, to make, without public hearing, minor modifications, modifications of consequence, and technical corrections to previously approved final orders and plans.

703.2 For purposes of this section, “minor modifications” shall mean modifications that do not change the material facts upon which the Commission based its original approval of the application or petition.

703.3 For the purposes of this section, the term “modification of consequence” shall mean a modification to a contested case order or the approved plans that is neither a minor modification nor a modification of significance

703.4 Examples of modification of consequence include, but are not limited to, a proposed change to a condition in the final order, a change in position on an issue discussed by the Commission that affected its decision, or a redesign or relocation of architectural elements and open spaces from the final design approved by the Commission.

703.5 For the purposes of this section, a “modification of significance” is a modification to a contested case order or the approved plans of greater significance than a modification of consequence.  Modifications of significance cannot be approved without the filing of an application and a hearing pursuant to Subtitle Z § 704.

703.6 Examples of modifications of significance include, but are not limited to, a change in use, change to proffered public benefits and amenities, change in required covenants, or additional relief or flexibility from the zoning regulations not previously approved.

703.7 In a rulemaking, any person may request a minor modification or technical correction by filing a written request on the form provided by the Director together with a copy of the rulemaking order.

703.8 In a contested case, only the applicant may request a technical correction, minor modification, or a modification of consequence to the order approving its application or to the approved plans using the form provided by the Director.

703.9 An application for minor modification approval shall be made in an appropriate manner provided by the Director. 

703.10 The applicant shall furnish eight (8) copies of architectural drawings and two (2) copies of all other information required by the form at the time of filing the application, including the following:

(a) A completed application form;

(b) The nature of, reason(s), and grounds for the minor modification, modifications of consequence, or technical correction; and

(c) A copy of any Commission final order, map, plan, or other action or relief proposed to be modified or corrected.

703.11 In a contested case, the filing of any modification request under this section shall not act to toll the expiration of the underlying order and the grant of any such modification shall not extend the validity of any such order.

703.12 The Commission, upon its own motion, may place a rulemaking matter on the Consent Calendar.

703.13 In a contested case, all written requests shall be served by the applicant on all parties in the original proceeding at the same time that the request is filed with the Office of Zoning.  All written requests in a rulemaking case shall be served by the person requesting Consent Calendar placement upon the affected ANC.

703.14 The Director shall determine the appropriate form of public notice and any additional service, taking into account the nature of the request and any issues relating to efficiency and fairness.

703.15 In a contested case, within seven (7) days after a request to put a matter on the Consent Calendar for a minor modification or technical correction has been filed and served, any other party may file a response in opposition to or in support of the request. The responding party shall serve all other parties at the time that the response is filed with the Office of Zoning.

703.16 Responses for requests for modification of consequence shall be filed at the time specified by the Commission pursuant to Subtitle Z § 703.17.

703.17 The Commission may take one (1) of the following actions at a public meeting:

(a) At the request of a Commissioner, remove an item from the Consent Calendar;

(b) Grant or deny a request for a minor modification or technical correction; or

(c) For a modification of consequence:

(1) Determine that the request is actually for a modification of significance in which case an application for such a modification must be filed and a hearing held pursuant to Subtitle Z § 704; or

(2) Establish a timeframe for the parties in the original proceeding to file responses in opposition to or in support of the request and for the applicant to respond thereto; and schedule the request for deliberations.

703.18 Any matter that is removed from the Consent Calendar shall be acted upon by the Commission according to the applicable procedures contained in other sections of this chapter.

 

 

authority

§ 1 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797, as amended; D.C. Official Code § 6-641.01 (2012 Repl.)).

source

Final Rulemaking published at 63 DCR 2447, 3573 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017).