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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 10. PLANNING AND DEVELOPMENT |
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SubTilte 10-B. PLANNING AND DEVELOPMENT |
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Chapter 10-B21. DISPOSITION OF REAL PROPERTY |
Section 10-B2118. MODIFICATIONS PRIOR TO FINAL DESIGNATION
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2118.1When the Board adopts a resolution authorizing an exclusive right or tentative designation it makes certain findings regarding major elements of the prospective redeveloper's proposal. Consequently, if prior to the submission of a final proposal the redeveloper desires to substantially modify any of these elements, then the Department shall advise the Board in writing so that the Board will have the opportunity to determine whether to continue the preliminary designation.
2118.2Modification including, but not limited to, the following elements of the redeveloper's proposal shall be submitted to the Board for consideration:
(a)Substantial change in the land use;
(b)Substantial change in size, or type of improvement;
(c)Substantial change in ownership of developer;
(d)Substantial change in membership of the development team; or
(e)Substantial change in minority or local participation in the ownership or management of the redevelopers;
2118.3Any change in the redeveloper, the proposal, or membership of the redeveloper's team after final selection, but prior to execution of the Land Disposition Agreement, shall be governed by §2118.1.
2118.4A modification subsequent to execution of the Land Disposition Agreement shall be governed by the terms of the agreement.
2118.5For purposes of this section, the phrase substantial change in the land use" shall mean any change requiring a modification of the urban renewal plan or other publicly approved plan or development controls.
2118.6For purposes of this section, the phrase "substantial change in size, or type of improvement" shall mean any size change in excess of ten percent (10%) of the total square footage of the building, or any change that would result in a change in the primary use for which the building was designed. A change of some office use to retail use, or vice versa , would not require Board approval if the building remains primarily an office building or retail facility.
2118.7For purposes of this section, the phrase "substantial change in ownership of developer" shall mean any ownership change that would result in a change of a general partner or corporate officer or more than ten percent (10%) of the ownership interest of limited partners or shareholders.
2118.8For purposes of this section, the phrase "substantial change in membership of the development team" shall mean any change in the developer, architect, builder, attorney, lender, leasing agent, financial advisor, management consultant, or other major component from that previously presented to the Board.
2118.9For purposes of this section, the phrase "substantial change in minority or local participation in the ownership or management of the redevelopers" shall mean any change the result of which will be to alter the percentage of minority or local participation more than ten percent (10%) from that previously presented to the Board, or a change that results in loss of majority status.