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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 11. ZONING REGULATIONS OF 1958 |
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Chapter 11-24. PLANNED UNIT DEVELOPMENT PROCEDURES |
Section 11-2403. PUD EVALUATION STANDARDS
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2403.1The Commission will evaluate and approve, disapprove, or modify a PUD application according to the standards in this section.
2403.2The applicant shall have the burden of proof to justify the granting of the application according to these standards.
2403.3The impact of the project on the surrounding area and the operation of city services and facilities shall not be found to be unacceptable, but shall instead be found to be either favorable, capable of being mitigated, or acceptable given the quality of public benefits in the project.
2403.4The Commission shall find that the proposed PUD is not inconsistent with the Comprehensive Plan and with other adopted public policies and active programs related to the subject site.
2403.5In the context of the Comprehensive Plan, the Commission shall also evaluate the specific public benefits and project amenities of the proposed development, which features may in some instances overlap.
2403.6 Public benefits are superior features of a proposed PUD that benefit the surrounding neighborhood or the public in general to a significantly greater extent than would likely result from development of the site under the matter-of-right provisions of this title. All public benefits shall meet the following criteria:
(a)Benefits shall be tangible and quantifiable items; and
(b) Benefits shall be measurable and able to be completed or arranged prior to issuance of a Certificate of Occupancy.
Monetary contributions shall only be permitted if made to a District government program or if the applicant agrees that no certificate of occupancy for the PUD may be issued unless the applicant provides proof to the Zoning Administrator that the items or services funded have been or are being provided.
2403.7A project amenity is one type of public benefit, specifically a functional or aesthetic feature of the proposed development that adds to the attractiveness, convenience, or comfort of the project for occupants and immediate neighbors.
2403.8In deciding a PUD application, the Commission shall judge, balance, and reconcile the relative value of the project amenities and public benefits offered, the degree of development incentives requested, and any potential adverse effects according to the specific circumstances of the case.
2403.9Public benefits and project amenities of the proposed PUD may be exhibited and documented in any of the following or additional categories:
(a)Urban design, architecture, landscaping, or creation or preservation of open spaces;
(b)Site planning, and efficient and economical land utilization;
(c)Effective and safe vehicular and pedestrian access, transportation management measures, connections to public transit service, and other measures to mitigate adverse traffic impacts;
(d)Historic preservation of private or public structures, places, or parks;
(e)Employment and training opportunities;
(f) Housing and affordable housing; except that affordable housing provided in compliance with § 2603 shall not be considered a public benefit except to the extent it exceeds what would have been required through matter of right development under existing zoning. In determining whether this standard has been met, the Commission shall balance any net gain in gross floor area against any loss of gross floor area that would have been set-aside for “low-income households” as defined in § 2601.1.
(h)Environmental benefits, such as:
(1)Storm water runoff controls in excess of those required by Stormwater Management Regulations;
(2)Use of natural design techniques that store, infiltrate, evaporate, treat, and detain runoff in close proximity to where the runoff is generated; and
(3)Preservation of open space or trees;
(i)Uses of special value to the neighborhood or the District of Columbia as a whole; and
(j)Other public benefits and project amenities and other ways in which the proposed PUD substantially advances the major themes and other policies and objectives of any of the elements of the Comprehensive Plan.
2403.10A project may qualify for approval by being particularly strong in only one or a few of the categories in § 2403.9, but must be acceptable in all proffered categories and superior in many.
2403.11To assist the Commission in applying the evaluation standards of this section, the applicant shall prepare and submit to the record of the case an annotated table that shows:
(a)The extent to which the proposed development would comply with the standards and requirements that would apply to a matter-of-right development under the zone district classification of the site at the time the application is filed;
(b)The specific relief that the applicant requests from the matter-of-right standards and requirements; and
(c)If the applicant requests a map amendment, the extent of compliance with, and the requested relief from, the matter-of-right standards and requirements of development under conventional zoning.
2403.12The annotated table required by § 2403.11 shall also show how the public benefits offered are superior in quality and quantity to typical development of the type proposed and the duration of the operational or grant programs.
2403.13Public benefits other than affordable housing, such as public facilities or public open space, may be located off-site; provided, that:
(a)There is a clear public policy relationship between the PUD proposal and the off-site benefit; and
(b)The off-site benefit shall be located within one-quarter mile of the PUD site or within the boundaries of the Advisory Neighborhood Commission for the area that includes the PUD site.
2403.14If the off-site public benefit is housing, it shall be provided according to the requirements of § 2404.
2403.15Subsections 2403.15 through 2403.20 describe the process in which an applicant for a PUD or PUD modification is given a final opportunity to identify the public benefits of the PUD and to prove to the Commission that each such benefit will result from a grant of the application. The Commission may at the request of an applicant or in its own motion determine that the process is unnecessary, such as when it is considering a modification to an approved design or to a limited number of conditions.
2403.16No later than seven (7) days after the Commission takes proposed action on any PUD application, the applicant shall file with the Office of Zoning (OZ) and serve the Office of Planning (OP), the Office of the Attorney General (OAG), and the affected ANC and any other parties, a final list of the public benefits proffered for the PUD (Proffer) and, for each proffered public benefit, provide a draft condition that is both specific and enforceable.
2403.17The description of each public benefit shall be identical to the description contained in the applicant’s proposed order unless a revision is required for clarity or to reflect a revision.
2403.18The information required by § 2403.16 shall be presented in the form of a chart in which each proffered public benefit is described in one column and a corresponding condition is described in a second. For example:
Proffer
Condition
42. The Applicant has agreed to contribute _________ to _________ for the purpose of ________ prior to applying for a certificate of occupancy for the PUD.
B.4. Prior to applying for a certificate of occupancy for the PUD, the Applicant shall contribute ________ to ______ for the purpose of ________.
2403.19No later than fourteen (14) days after the Commission takes proposed action on any PUD application, OAG, OZ, and OP shall complete any dialogue they feel is needed with the applicant with respect to any deficiencies in the applicant’s proposed conditions.
2403.20No later than twenty-one (21) days after the Commission takes proposed action on any PUD application, the applicant shall file with OZ and serve OP, OAG, and the affected ANC and any other parties any revisions to the Proffer and conditions, or a statement that none have been made.
2403.21No later than twenty-eight (28) days after the Commission takes proposed action on any PUD application, OAG, OP, and the affected ANC and any other party may file any responses each has to the Applicant’s final Proffer and conditions. The responses shall be limited to whether the conditions in the final Proffer are specific and enforceable. The OAG response will be treated as a confidential attorney-client communication.
2403.22The Commission will consider the PUD to contain only those public benefits described in the final Proffer.