542441 Zoning Commission Notice of Final Rulemaking & Order No. 10-05: Case No. 10-05 (Map Amendment - Revisions and Additions to Wards 7 & 8 R-5-A Zoning Consistency Map Amendments Made in Z.C. Order Nos. 07-30, 08-12 and 08-22)
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ZONING COMMISSION FOR THE DISTRICT OF COLUMBIA
NOTICE OF FINAL RULEMAKING
AND
Z.C. ORDER NO. 10-05
Z.C. Case No. 10-05
(Map Amendment – 11 DCMR)
(Revisions and Additions to Wards 7 and 8 R-5-A Zoning Consistency Map Amendments Made in Zoning Commission Order Nos. 07-30, 08-12 and 08-22)
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, 798; D.C. Official Code § 6-641.01); hereby gives notice of adoption of the following amendments to the Zoning Map incorporated into the Zoning Regulations of the District of Columbia (Title 11, DCMR). A Notice of Proposed Rulemaking was published in the D.C. Register (“DCR”) on July 16, 2010, at 57 DCR 6197. The amendments shall become effective upon the publication of this notice in the D.C. Register.
Description of Amendments
The proposed map amendments rezone certain properties within Wards 7 and 8 from or to the R‑5-A Zone District. This action is intended to address errors, omissions, and oversights in Z.C. Order Nos. 07-30 (September 19, 2008); 08-12 (November 14, 2008); and 08-22 (June 26, 2009). The proposed amendments:
1. Rezone lots inadvertently omitted from the original Commission orders, all of which are within the intended rezone boundary indicated on maps produced by the Office of Planning (“OP”) at the time of the original Commission cases;
2. Rezone lots that were inadvertently rezoned as part of the original cases; and
3. Rezone lots that were not addressed as part of the original cases.
Procedures Leading to Adoption of Amendments
On March 12, 2010, OP filed a report that served as a petition requesting these map amendments, and that satisfied the pre-hearing filing requirements of § 3013 of the Zoning Regulations. The report also requested that the Commission waive the street frontage posting requirements of § 3014.3 of the Zoning Regulations. The Commission voted to set down the proposal for hearing, and waive the street frontage posting requirement at its March 22, 2010 public meeting.
A public hearing was scheduled for and held on June 7, 2010, after which the Commission authorized the referral of the proposed text to the National Capital Planning Commission and the publication of a notice of proposed rulemaking in the DC Register.
NCPC, through a delegated action dated June 24, 2010, found that the proposed text amendments would not adversely affect the identified federal interests, nor be inconsistent with the Comprehensive Plan for the National Capital. (Exhibit No. 11.)
The Notice of Proposed Rulemaking was published in the D.C. Register on July 16, 2010, at 57 DCR 6197, 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 following map amendments:
Square
Lots
Proposed Amendment
5078
28, 813
Rezone from R-4 to R-5-A
5178
27, 28, 48-51, 800
Rezone from R-2 to R-5-A
5920
93
Rezone from R-5-A to R-3
6240
30
Rezone from R-5-A to R-2
5321
32, 35, 2001-2054
Rezone from R-3 to R-5-A
5322
32, 33, 34, 35
Rezone from R-3 to R-5-A
5087
926
Rezone from R-5-A to R-2
5091
37, 38
Rezone from R-5-A to R-2
5190
40 - 42
Rezone from R-5-A to R-3
5267
19
Rezone from R-5-A to R-3
5327
19
Rezone from R-5-A to R-3
5552
800
Rezone from R-5-A to R-4
5586
55
Rezone from R-5-A to R-4
5636
65
Rezone from R-5-A to R-4
5728
58
Rezone from R-5-A to R-3
5729
821-826
Rezone from R-5-A to R-3
5777
625, 626
Rezone from R-5-A to R-3
5778
75
Rezone from R-5-A to R-3
5790
820
Rezone from R-5-A to R-4
5921
939, 938
Rezone from R-5-A to R-3
5928
64
Rezone from R-5-A to R-3
5946
78
Rezone from R-5-A to R-3
5982
804, 805
Rezone from R-5-A to R-3
5983
809, 810, 813, 814
Rezone from R-5-A to R-3
5985
8
Rezone from R-5-A to R-3.
6128
78-80
Rezone from R-5-A to R-3
6153
68, 69, 77
Rezone from R-5-A to R-3
6208
46
Rezone from R-5-A to R-3
6239S
8-12
Rezone from R-5-A to R-3
5264
7
Rezone from R-2 to R-5-A
5450
809
Rezone from R-3 to R-5-A
5586
58
Rezone from R-4 to R-5-A
5740
852
Rezone from R-3 to R-5-A
6163
90
Rezone from R-2 to R-5-A
5172
184-0047
Rezone from R-5-A to R-4
5159
801, 802
Rezone 801 from R-5-A to R-2
Rezone 802 from R-2 to R-5-A
5350
101
Rezone from R-5-A to R-2
5727
801-810
Rezone from R-5-A to R-3
6116
810
Rezone from R-5-A to R-3
On June 7, 2010, upon motion of Chairman Hood, as seconded by Vice Chairman Schlater, the Zoning Commission APPROVED the petition at the conclusion of the hearing by a vote of 3‑0‑2 (Anthony J. Hood, Konrad W. Schlater, and Michael G. Turnbull to approve; Peter G. May, not present, not voting; Third Mayoral Appointee position vacant, not voting).
On September 27, 2010, upon motion of Vice Chairman Schlater, as seconded by Commissioner Turnbull, the Zoning Commission ADOPTED the Order at its public meeting by a vote of 3‑0-2 (Anthony J. Hood, Konrad W. Schlater, and Michael G. Turnbull to adopt; Peter G. May and Greg Selfridge, having not participated, not voting).
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 8, 2010.
