D.C. Mun. Regs. tit. 11, r. 11-3013

Current through Register Vol. 71, No. 44, November 1, 2024

Rule 11-3013 - SUPPLEMENTAL FILINGS

3013.1

As soon as practical, but in no case less than twenty (20) days before the notice of hearing is scheduled to be published in the D.C Register, the applicant or petitioner shall file twenty (20) copies of the following with the Director:

(a) Any additional information, reports, or other materials specified by the Commission at the time the matter was set down for public hearing and any additional copies of the original application or petition and supportive material, if unchanged; or, if the Commission requested the applicant or petitioner to make any changes in the application or petition, copies of the updated application or petition and supportive material;

(b) A list of witnesses who are prepared to testify on the applicant's or petitioner's behalf;

(c) A written summary of testimony of all witnesses or of the written report and the area of expertise of any expert who will be called to testify at the hearing;

(d) Any additional information, reports, or other materials the applicant or petitioner may wish to introduce;

(e) Reduced plans, which plans shall be no larger than eleven inches by seventeen inches (11 in. x 17 in.), show the "north arrow" reading up, and include a bar scale;

(f) A list of maps, plans, or other documents that are readily available to the general public and that will be offered into evidence; and

(g) An estimate of the time required for the presentation of the applicant's or petitioner's case, subject to the decision of the presiding officer as provided in § 3020.1(j).

3013.2

At the same time as filing the material that is required by § 3013.1, the applicant or petitioner, when necessary to support the application or petition, shall file two (2) sets of full-size plans.

3013.3

In the case of a map amendment pursuant to § 3021, the supplemental information filed by the petitioner shall include the names and addresses of the owners of all property proposed to be rezoned.

3013.4

If the application is processed as a map amendment, public air space application, or planned unit development, and proffers any benefit or amenity listed in § 3013.5, the applicant shall file a memorandum of understanding that has been executed by the applicant and the agency that would enter into or administer the agreement to provide the benefit or amenity.

3013.5

The provisions of § 3013.4 shall apply to the following benefits and amenities:

(a) Minority participation opportunities through agreement with the D.C. Local Business Opportunity Commission;

(b) First-source employment opportunities through agreement with the Department of Employment Services;

(c) Cash contributions to the D.C. Public Schools or other agency;

(d) Services provided for the elderly, handicapped, children, or others through agreement with one or more agencies;

(e) Agreement with the Department of Transportation, the National Park Service, or other public agency or private entity to provide or maintain improvements to the public property;

(f) The production of housing units through agreement with the Department of Housing and Community Development, the affected Advisory Neighborhood Commission, or any other public agency or private entity; and

(g) Any other amenity that would require the agreement of or administration by any public agency or private entity.

3013.6

For all applications filed pursuant to § 3022, the supplemental information filed also shall include the:

(a) Names and addresses of the owners of all property located within two hundred feet (200 ft.) of the subject property; provided, however, in the case of a residential condominium or cooperative with twenty-five (25) or more dwelling units, mailed notice may be provided to the board of directors or to the association of the condominium or cooperative that represents all of the owners of all such dwelling units; and

(b) Name and address of each person having a lease with the owner for all or part of any building located on the property involved in the application.

3013.7

The Director shall not issue any notice of hearing until the applicant or petitioner certifies in writing that all of the requirements of this section have been complied with.

3013.8

No application or petition shall be modified less than twenty (20) days prior to public hearing.

3013.9

The Commission may permit the modification of the application or petition at the hearing.

3013.10

If the application or petition includes a report by a transportation consultant or expert, the applicant or petitioner shall provide a copy of the report to the Department of Transportation at least twenty (20) days prior to the public hearing.

D.C. Mun. Regs. tit. 11, r. 11-3013

Final Rulemaking published at 46 DCR 7853, 7866-7868 (October 1, 1999); as amended by Final Rulemaking published at 46 DCR 8041, 8042 (October 8, 1999); and Final Rulemaking published at 47 DCR 9741-43 (December 8, 2000), incorporating by reference the text of Proposed Rulemaking published at 47 DCR 8335, 8542-43 (October 20, 2000)