222050 Zoning Commission Notice of Public Hearing: Case No. 10-04 (Text Amendment to the ANC Notification Requirements Under Chapters 30 and 31 of the Zoning Regulations)
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ZONING COMMISSION FOR THE DISTRICT OF COLUMBIA
NOTICE OF PUBLIC HEARING
TIME AND PLACE: Thursday, May 27, 2010, @ 6:30 p.m.
Office of Zoning Hearing Room
441 4th Street, N.W., Suite 220-South
Washington, D.C. 20001
FOR THE PURPOSE OF CONSIDERING THE FOLLOWING:
CASE NO. 10-04 (Text Amendment to the ANC Notification Requirements Under Chapters 30 and 31 of the Zoning Regulations)
THIS CASE IS OF INTEREST TO ALL ANCs
On March 3, 2010, the Office of Zoning filed a memorandum that served as a petition requesting amendments to the Zoning Regulations. A supplemental memorandum was filed on March 9, 2010, to correct certain code references in the original submission. The proposed text amendment authorizes the use of electronic mail for providing required notices concerning zoning applications to affected Advisory Neighborhood Commissions, the commissioner representing an affected single member district, and the Office of Advisory Neighborhood Commissions. The Office of Zoning will continue to provide such notices by first-class mail until a recipient agrees in writing to receive electronic mail notifications. The Council of the District of Columbia recently enacted legislation authorizing the use of electronic mail in these instances, but only required a written agreement for the affected ANC.
The Office of Planning provided its report on March 12, 2010, and the case was set down for hearing on March 22, 2010. Thereafter the Commission informally approved revisions to the proposed text to clarify the intent of the Office of Zoning.
The following amendments to Title 11 of the District of Columbia Municipal Regulations (ZONING) are proposed:
A. Amend Chapter 30, ZONING COMMISSION PROCEDURES RULES OF PRACTICE AND PROCEDURE, by adding a new § 3007 to read as follows:
3007 NOTICES TO ADVISORY NEIGHBORHOOD COMMISSIONS
3007.1 Any notice required by D.C. Official Code § 1-309.10(c)(4) to be provided to affected Advisory Neighborhood Commissions, the Commissioner representing the affected single member district, and the Office of Advisory Neighborhood Commissions (“notice recipients”) may be provided by electronic or first-class mail; provided, that the notice shall be by first-class mail unless a notice recipient agrees in writing to receive future notifications through electronic mail.
3007.2 A notice of application shall constitute the notice required by D.C. Official Code § 1-309.10(b) and starts the time period for the affected Commission to review the application and submit its written report pursuant to D.C. Official Code § 1-309.10(d)
B. Amend Chapter 31, BOARD OF ZONING ADJUSTMENT RULES OF PRACTICE
AND PROCEDURE, § 3115 ADVISORY NEIGHBORHOOD COMMISSIONS, as follows:
(a) By adding the phrase, “: reports And notice” to its title so that it reads “ADVISORY NEIGHBORHOOD COMMISSIONS: REPORTS AND NOTICE”; and
(b) By inserting the phrase “prepared in response to a notice of application provided pursuant to § 3115.5:” into the introductory text of § 3115.1, so that the provision will read:
3115 ADVISORY NEIGHBORHOOD COMMISSIONS: REPORTS AND NOTICE
3115.1 The written report of the ANC prepared in response to a notice of application provided pursuant to § 3115.5 shall be submitted to the Board at least seven (7) day in advance of the hearing and shall contain the following information:
(a) An identification of the appeal or application;
(b) When the public meeting of the ANC to consider the appeal or application was held;
(c) Whether proper notice of that meeting was given by the ANC;
(d) The number of members of the ANC that constitute a quorum and the number of members present at the meeting;
(e) The issues and concerns of the ANC about the appeal or application as related to the standards of the Zoning Regulations against which the appeal or application must be judged;
(f) The recommendation, if any, of the ANC as to the disposition of the appeal or application;
(g) The vote on the motion to adopt the report to the Board;
(h) The name of the person authorized by the ANC to present the report; and
(i) The signature of the ANC chairperson or vice-chairperson.
(c) By adding new §§ 3115.4 and 3115.5 to read as follows:
3115.4 Any notice required by D.C. Official Code § 1-309.10(c)(4) to be provided to affected Advisory Neighborhood Commissions, the Commissioner representing the affected single member district, and the Office of Advisory Neighborhood Commissions (“notice recipients”) may be provided by electronic or first-class mail; provided, that the notice shall be by first-class mail unless a notice recipient agrees in writing to receive future notifications through electronic mail.
3115.5 A notice of an application shall constitute the notice required by D.C. Official Code § 1-309.10(b) and starts the time period for the affected Commission to review the application and submit its written report pursuant to D.C. Official Code §1-309.10(d).
Proposed amendments to the Zoning Regulations and Map of the District of Columbia are authorized pursuant to the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797; D.C. Official Code § 6-641.01 et seq.)
The public hearing on this case will be conducted as a rulemaking in accordance with the provisions of § 3021. The Commission will impose time limits on testimony presented to it at the public hearing.
All individuals, organizations, or associations wishing to testify in this case should file their intention to testify in writing. Written statements, in lieu of personal appearances or oral presentations, may be submitted for inclusion in the record.
Information should be forwarded to the Secretary of the Zoning Commission, Office of Zoning, Suite 200/210-S, 441 4th Street, N.W., Washington, D.C. 20001. Please include the number of the particular case and your daytime telephone number. FOR FURTHER INFORMATION, YOU MAY CONTACT THE OFFICE OF ZONING AT (202) 727-6311.
ANTHONY J. HOOD, WILLIAM W. KEATING, III, KONRAD W. SCHLATER, PETER G. MAY, AND MICHAEL G. TURNBULL -------- ZONING COMMISSION FOR THE DISTRICT OF COLUMBIA, BY JAMISON L. WEINBAUM, DIRECTOR, AND BY SHARON S. SCHELLIN, SECRETARY TO THE ZONING COMMISSION.
