553887 Zoning Commission Notice of Final Rulemaking & Order No. 04-33C (Technical Correction to Section 2604.1)

ZONING COMMISSION FOR THE DISTRICT OF COLUMBIA

NOTICE OF FINAL RULEMAKING

AND

Z.C. ORDER NO. 04-33C

(Z.C. Case No. 04-33)

(Text Amendment – 11 DCMR)

Technical Correction to § 2604.1

September 27, 2010

 

The Zoning Commission for the District of Columbia (the Commission), pursuant to its authority under § 1 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797; D.C. Official Code § 6-641.01); hereby gives notice of adoption of the following text amendments to the Zoning Regulations of the District of Columbia, DCMR Title 11.  A Notice of Proposed Rulemaking was published in the D.C. Register on August 6, 2010, at 57 DCR 7080.  The amendments shall become effective upon the publication of this notice in the D.C. Register.

 

Description of Amendments

 

The amendments are purely technical in nature.  They amend § 2406.1 to eliminate a redundant reference to Height Act compliance and to add references to the overlay chapters that modify matter-of-right area requirements to allow for the bonus density available to Inclusionary Developments.

 

Procedures Leading to Adoption of Amendments

 

The Commission adopted these changes pursuant to its Consent Calendar procedures set forth at 11 DCMR § 3030.  Accordingly, the Commission did not hold a public hearing, or refer these amendments to the National Capital Planning Commission (NCPC).

 

The Notice of Proposed Rulemaking was published in the D.C. Register on August 6, 2010, 57 DCR 7080, for a 30-day notice and comment period.  No comments were received. 

 

At a properly noticed September 27, 2010, public meeting, the Commission took final action to adopt the text amendments as follows:

 

DCMR Title 11, ZONING, Chapter 26, INCLUSIONARY ZONING, § 2604.1 is amended to read as follows:

 

2604.1             Inclusionary developments subject to the provisions of this Chapter may construct up to twenty percent (20%) more gross floor area than permitted as a matter of right ("bonus density"), subject to all other zoning requirements as modified herein and in the zoning overlay provisions of Chapters 11–16, 18, and 19.

 

In accordance with the provisions of 11 DCMR § 3028.9, this Order shall become effective upon publication in the D.C. Register; that is on October 15, 2010.