608886 Zoning Commission Notice of Final Rulemaking & Order No. 10-16 (Text Amendment to Allow Closure of Open Arcades)

ZONING COMMISSION FOR THE DISTRICT OF COLUMBIA

NOTICE OF FINAL RULEMAKING

AND

Z.C. ORDER NO. 10-16

Z.C. Case No. 10-16

(Text Amendment to Allow Closure of Open Arcades)

November 8, 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 October 1, 2010, at 57 DCR 9202.  The amendments shall become effective upon the publication of this notice in the D.C. Register.

 

Description of Amendments

 

The amendments repeal the provision that incentivizes construction of open arcades through allowance of a floor area ratio (“FAR”) credit, and expand the authority to close open arcades in all SP, W, CR and C Zone Districts, subject to the same limitations that existed in the repealed provision.

 

Procedures Leading to Adoption of Amendments

 

The Office of Planning filed a report that served as a petition requesting the amendments on June 4, 2010.  The Commission voted to set down the proposal for hearing at its June 14, 2010, public meeting. 

 

Notice pursuant to § 13 of the Comprehensive Advisory Neighborhood Commissions Reform Act of 2000 (“ANC Act”), effective June 27, 2000 (D.C. Law 13-135, D.C. Official Code § 1‑309.10), was given to all Advisory Neighborhood Commissions.  No written reports were received.

 

A public hearing was scheduled for and held on September 2, 2010, after which the Commission authorized the referral of the proposed text to the National Capital Planning Commission (NCPC) and the publication of a notice of proposed rulemaking in the DC Register.

 

NCPC, through a delegated action dated September 30, 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. 13.)

 

The Notice of Proposed Rulemaking was published in the D.C. Register on October 1, 2010, 57 DCR 9202, for a thirty- (30) day notice and comment period.  No comments were received. 

 

At a properly noticed November 8, 2010, public meeting, the Zoning Commission took final action to adopt the text amendments as follows:

Title 11 DCMR, ZONING, Chapter 25, MISCELLANEOUS ZONING REQUIREMENTS would be amended as follow:

Section 2515, EXCEPTION TO DENSITY REGULATIONS FOR OPEN ARCADES is repealed.

A new § 2524 is added to read as follows:

2524                EXCEPTIONS TO DENSITY REGULATIONS FOR ENCLOSING OPEN ARCADES

2524.1             Notwithstanding the repeal of § 2515.3, a building constructed with the additional gross floor area authorized by that provision remains a conforming structure.

2524.2             Notwithstanding applicable floor-area-ratio limitations, and subject to §§ 2524.3 and 2524.4, an existing open arcade in a building in the SP, W, CR and C districts, may be enclosed.

2524.3             An open arcade area enclosed pursuant to § 2524.2 must be solely devoted to retail, arts, or service uses permitted as a matter of right.

2524.4             An open arcade may not be enclosed if it is located in a building that:

(a)        Is a historic landmark or has been designated as contributing to a historic district; and

(b)        The Historic Preservation Review Board has determined that the arcade constitutes a feature contributing to the building’s historic or architectural significance; or

(c)        If the floor of the open arcade would not be at the same level and continuous with adjacent sidewalk in public space, or would not connect to an existing, adjoining open arcade adjacent to sidewalk in public space.

 

On September 2, 2010, at the conclusion of the public hearing, upon the motion of Commissioner Turnbull, as seconded by Commissioner May, the Zoning Commission APPROVED the proposed rulemaking by a vote of 5-0-0 (Anthony J. Hood, Konrad W. Schlater, Greg M. Selfridge, Peter G. May, and Michael G. Turnbull to approve).  

 

On November 8, 2010, upon the motion of Chairman Hood as seconded by Vice Chairman Schlater, the Zoning Commission ADOPTED the Order at its public meeting by a vote of 5-0-0 (Anthony J. Hood, Konrad W. Schlater, Greg M. Selfridge, Michael G. Turnbull, and Peter G. May to adopt).

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 November 26, 2010.