396262 Zoning Commission Notice of Final Rulemaking and Order No. 09-18 (Text Amendment to Expressly Authorize More Than One Regular Monthly Zoning Commission Meeting)

ZONING COMMISSION FOR THE DISTRICT OF COLUMBIA

NOTICE OF FINAL RULEMAKING

AND

ZONING COMMISSION ORDER NO. 09-18

Z.C. Case No. 09-18

(Text Amendment – 11 DCMR )

(Text Amendment to Expressly Authorize More Than One Regular Monthly Zoning Commission Meeting)

May 24, 2010

 

The Zoning Commission for the District of Columbia (the “Commission”), pursuant to its authority under §§ 1 and 3 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797, 798; D.C. Official Code §§ 6-641.01 and 641.03), 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 (“DCR”) on April 23, 2010, at 57 DCR 3500.  The amendments shall become effective upon the publication of this notice in the D.C. Register.

 

Description of Amendments

The proposed text amendment clarifies that the Commission may convene more than one regular monthly meeting.

 

Procedures Leading to Adoption of Amendments

 

A petition requesting the amendments was filed by the Office of Planning (“OP”) on November 17, 2009.  The Commission voted to set down the proposal for hearing at its November 23, 2009 public meeting.

 

The Commission gave notice to all Advisory Neighborhood Commissions (“ANCs”) pursuant to § 13 of the Comprehensive Advisory Neighborhood Commissions Reform Act of 2000, effective June 27, 2000 (D.C. Law 13-135, D.C. Official Code § 1-309.10.  No reports were received.

 

A public hearing was scheduled for February 11, 2010.  The hearing was canceled because of inclement weather.  The hearing was re-scheduled for and held on April 1, 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 D.C. Register.

NCPC, through a delegated action dated April 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. 9.)

 

The Notice of Proposed Rulemaking was published in the D.C. Register on April 23. 2010, at 57 DCR 3500, for a 30-day notice and comment period.  No comments were received.

 

At a properly noticed May 24, 2010 public meeting, the Commission took final action to adopt the text amendments as follows:

 

CHAPTER 30, ZONING COMMISSION RULES OF PRACTICE AND PROCEDURE, § 3005 Meeting and Hearings, § 3005.6, is amended by inserting the phrase “at least” so that the provision will read as follows:

 

3005.6             A meeting of the Commission shall be held at least once each month in accordance with a schedule to be established by the Commission, and additional meetings as needed may be called by the presiding officer or by three (3) members.

 

On April 1, 2010, upon motion of Chairman Hood, as seconded by Commissioner May, the Zoning Commission APPROVED the proposed rulemaking at the close of it public hearing by a vote of 4-0-1 (Anthony J. Hood, Konrad W. Schlater, Peter G. May, and Michael G. Turnbull to approve; William W Keating, III,  not present not voting).                      

 

On May 24, 2010, upon motion of Chairman Hood, as seconded by Commissioner Turnbull, the Zoning Commission ADOPTED this Order at its public meeting by a vote of 4-0-1 (Anthony J. Hood, Konrad W. Schlater, Peter G. May, and Michael G. Turnbull to approve; third Mayoral appointee position vacant, 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 June 11, 2010.