D.C. Mun. Regs. tit. 11, r. 11-3012

Current through Register Vol. 71, No. 36, September 6, 2024

Rule 11-3012 - AGENCY REPORTS

3012.1

As to those applications or petitions for which set down is required, as soon as an application or petition is set down for a public hearing, the matter shall be referred to the D.C. Office of Planning and any other public agencies that may be requested to provide information and assistance, depending on the nature of the case. As to those applications for which set down is not required pursuant to § 3011.1, as soon as an application requesting Zoning Commission review and approval pursuant to chapter 16, 18, 28 and 29 of this title is accepted for filing by the Director of the Office of Zoning, a copy of the application shall be referred to the D.C. Office of Planning and other appropriate agencies for review and comment. A copy shall also be sent for review and comment to:

(a) The National Capital Planning Commission of:

(1) All chapter 18 applications;

(2) Those applications for approval pursuant to 11 DCMR § 1610.1(a) and (d);

(3) The portion of the application for Master Plan approval relating to the single building south of H Street pursuant to 11 DCMR § 2918.1; and

(4) Those applications for Stage 1 or Consolidated approval for any part of the single building south of H Street pursuant to 11 DCMR § 2919.1;

(b) The Capitol Police Board for those applications for approval pursuant to 11 DCMR § 1612.18; and

(c) The District Department of Transportation for those applications for special exception approval pursuant to § 2803.

3012.2

The Director of the Office of Planning shall coordinate review of the case and prepare an impact assessment of the project. The assessment shall include reports in writing from all relevant District departments and agencies including the Departments of Transportation and Housing and Community Development, and, if a historic district or historic landmark is involved, the State Historic Preservation Officer.

3012.3

The written reports and recommendations requested by the Commission pursuant to § 3012.1 shall be filed by the Director of the Office of Planning with the Director of the Office of Zoning at least ten (10) days in advance of the hearing. The Director of the Office of Zoning shall include these reports and recommendations in the public record.

3012.4

The Director of the Office of Zoning shall notify the Director of the Office of Planning in writing of the required attendance of agency representatives at the public hearing.

3012.5

If an Advisory Neighborhood Commission (ANC) wishes to participate in a contested case under § 3022, the ANC shall file a written report with the Zoning Commission at least seven (7) days in advance of the hearing. In a rulemaking under § 3021, there shall be no filing deadline as long as the record in that case is open. All written reports shall contain the following:

(a) An identification of the application or petition;

(b) When the public meeting of the ANC to consider the application or petition 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 application or petition, as related to the standards against which the application or petition shall be judged;

(f) The recommendation, if any, of the ANC as to the disposition of the application or petition;

(g) The vote on the motion to adopt the report to the Commission;

(h) The name of the person who is authorized by the ANC to present the report; and

(i) The signature of the ANC chairperson or vice-chairperson.

3012.6

The Commission shall give "great weight" to the written report of the ANC, as required by § 3 of the Comprehensive Advisory Neighborhood Commissions Reform Amendment Act of 2000, effective June 27, 2000 (D.C. Law 13-135; D.C. Official Code § 1-309.10(d) (2001)). In the event the ANC submits its report on the basis of understandings, agreements, or meetings with the applicant or petitioner which later are modified by the applicant or petitioner, the designated ANC representative may comment orally concerning the specific modifications. No other new matters may be presented orally by the designated ANC representative. The Commission may leave the record open to permit the ANC to submit a revised report.

D.C. Mun. Regs. tit. 11, r. 11-3012

Final Rulemaking published at 46 DCR 7855, 7865-66 (October 1, 1999); as amended by Final Rulemaking published at 47 DCR 9741-43 (December 8, 2000), incorporating by reference the text of Proposed Rulemaking published at 47 DCR 8335, 8541-42 (October 20, 2000); as amended by Final Rulemaking published at 51 DCR 6837, 6849 (July 9, 2004); as amended by Final Rulemaking published at 52 DCR 63, 71 (January 7, 2005); as amended by Final Rulemaking published at 52 DCR 9874,9886 (November 4, 2005); as amended by Final Rulemaking published at 54 DCR 1579,1593 (February 16, 2007); as amended by Final Rulemaking and Order No. 04-05 published at 56 DCR 6181 (August 7, 2009); 57 DCR 000126 (2010); and as amended by Notice of Final Rulemaking published at published at 58 DCR 4788, 4817 (June 3, 2011)

Authority: 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, 799; D.C. Official Code §§ 6-641.01 and 6-641.0 ).