Reference No. CB-066-2015    Draft No. 1
Type: Council Bill Status: Enacted
Meeting Body County Council
Meeting Date 9/29/2015
Introduced Date 9/9/2015 Public Hearing Date 9/29/2015 - 1:30 PM
Effective date: 9/29/2015    
Title: AN ORDINANCE CONCERNING THE MIXED USE ZONES for the purpose of clarifying the Uses Permitted provision of the Zoning Ordinance permitting a group residential facility in the M-X-T (Mixed Use-Transportation Oriented) Zone under certain circumstances.
Proposers/Sponsors: Derrick Leon Davis, Andrea C. Harrison
Code sections: 27-547 -
Attachments: 1. B2015066.pdf, 2. CB-66-2015 AIS
Contact: Karen T. Zavakos, Zoning and Legislative Counsel
Title
AN ORDINANCE CONCERNING THE MIXED USE ZONES for the purpose of clarifying the Uses Permitted provision of the Zoning Ordinance permitting a group residential facility in the M-X-T (Mixed Use-Transportation Oriented) Zone under certain circumstances.
Background
This bill is curative legislation to amend CB-19-2015, enacted by the District Council on July 21, 2015. After the bill’s enactment, it was brought to the attention of the Legislative Branch staff that CB-19-2015 (DR-1) contained a transposition error within the text of Footnote 17 on page 2 of the bill. The specified year for the existence of the residential facility was intended to read “1985” but was instead reflected as “1958” in the text of CB-19-2015. The error was carried forward through presentation, committee work session and favorable motion as to the bill, and was enacted on July 21, 2015, without any mention of an erroneous year in the draft. As a result, there being no way to ascertain “clear error” on its face, the Zoning and Legislative Counsel was unable to exercise editorial license to correct the error in DR-1 of the bill and opined that curative legislation was necessary to amend Footnote 17 to Section 27-547(b) in order to state the pertinent year, “1985,” correctly in the Ordinance.

While this legislation is procedurally necessary to substitute “1985” for “1958” in Footnote 17 to Section 27-547(b), substantive discussion by the PZED Committee was conducted during examination of CB-19-2015, and is therefore not required on the instant legislation. For convenience, the Legislative History of CB-19-2015 is listed below.

Council staff summarized the purpose of the legislation and informed the committee of referral comments that were received. This legislation amends the Zoning Ordinance to permit by right a group residential facility in the Mixed Use Transportation (M-X-T) Zone under certain circumstances as provided in a new footnote to the mixed use zones use table.

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