1822259 Zoning Commission Notice of Emergency and Proposed Rulemaking: Case No. 11-21 (Map & Text Amendments @ St. Elizabeths East Campus)
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ZONING COMMISSION FOR THE DISTRICT OF COLUMBIA
NOTICE OF EMERGENCY and PROPOSED RULEMAKING
Z.C. Case No. 11-21
(Map & Text Amendments @ St. Elizabeths East Campus)
The Zoning Commission for the District of Columbia, pursuant to the authority set forth in sections § 1 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797; D.C. Official Code § 6-641.01 (2008 Repl.)) and the authority set forth in § 6(c) of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1206; D.C. Official Code § 2-505(c) (2011 Repl.)), hereby gives notice of the adoption, on an emergency basis, of amendments to the Zoning Map and to the text of the Zoning Regulations of the District of Columbia, DCMR Title 11.
The map amendment zones the currently unzoned land occupied by Building 102 and Building CT-1 at the St. Elizabeths East Campus into the W-1 Zone District. The text amendment permits light manufacturing, packaging, distribution, research and development, office, and wholesale uses in Building 102 and all such uses other than distribution in Building CT-1.
Emergency rulemaking action is required because the project is the subject of bond legislation approved by the D.C. Council on July 12, 201l, pending site-control. The legislation also calls for the renovation, equipping, and furnishing of the buildings. The portion of the Enterprise Zone legislation that gives the District’s authorization to issue Tax Exempt Enterprise Zone Facilities Bonds follows special Federal legislation that applies to the District of Columbia. It allows for-profit businesses to take advantage of tax-exempt financing through D.C.’s revenue bond program if they are located within a designated Enterprise Zone. This program expires at the end of this year.
Although taxable bonds could be issued after the expiration of the Tax Exempt Enterprise Zone Facilities Bonds legislation, it would result in an additional three to four percent (3-4%) interest cost. Site-control is needed in order to be eligible for the bonds and site-control is not possible on the unzoned property, thus the urgency for the zoning request. The Commission, therefore, concludes that the immediate adoption of these amendments is necessary for the “immediate preservation of public ... welfare.” See D.C. Official Code § 2-505 (c).
This emergency rule was adopted on November 14, 2011, and became effective on that date.
The emergency rule will expire on February 12, 2012, which is the one hundred twentieth (120th) day after the adoption of the rule, or upon the publication of a Notice of Final Rulemaking in the D.C. Register, whichever occurs first.
The Commission also gives notice of its intent to take final rulemaking action to permanently adopt these same amendments in not less than thirty (30) days from the date of publication of this notice in the D.C. Register or thirty (30) days following referral of these amendments to the National Capital Planning Commission, whichever occurs last.
The Zoning Map of the District of Columbia is amended on an emergency basis, and is proposed to be permanently amended as follows:
Property
From
To
Land occupied by Building 102 at the St. Elizabeths East Campus
Unzoned
W-1
Land occupied by Building CT-1 at the St. Elizabeths East Campus
Unzoned
W-1
Title 11 of the District of Columbia Municipal Regulations, ZONING, is amended on an emergency basis, and is proposed to be permanently amended as follows:
Chapter 9, WATERFRONT DISTRICTS, Section 901, USES AS A MATTER OF RIGHT (W), is amended by adding a new subsection 901.7 to read as follows:
901.7 In the W-1 district, light manufacturing, packaging, distribution, research and development, office, and wholesale uses are permitted as a matter of right on the St. Elizabeths East Campus only as follows:
(a) All of these uses are permitted in Building 102;
(b) All of these uses, except distribution, are permitted in Building CT-1; and
(c) There shall be no external additions to either Building 102 or Building CT-1.
All persons desiring to comment on the subject matter of this proposed rulemaking action should file comments in writing no later than thirty (30) days after the date of publication of this notice in the D.C. Register. Comments should be filed with Sharon Schellin, Secretary to the Zoning Commission, Office of Zoning, 441 4th Street, N.W., Suite 210-S, Washington, D.C. 20001. Copies of this proposed rulemaking action may be obtained at cost by writing to the above address.
