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    2407.1The Commission shall refer a PUD application to the D.C. Office of Planning, which shall report to the Commission on whether the application is consistent with the purpose of the PUD process, and whether or not a hearing should be held.


    2407.2Following the receipt of the report from the Office of Planning, the Commission shall review the application and determine whether a public hearing shall be granted. An application may be denied without a hearing, but no application shall be granted unless a public hearing is held.


    2407.3If a public hearing is granted, the Office of Planning shall coordinate review of the application and prepare an impact assessment of the project, which shall include reports in writing from relevant District departments and agencies, including, but not limited to, the Departments of Transportation and Housing and Community Development and, if a historic district or historic landmark is involved, the State Historic Preservation Officer.


    2407.4The Office of Planning shall report on the:


    (a)Suitability of the site for use as a PUD;


    (b)Appropriateness, character, scale, mixture of uses, and design of the uses proposed for the proposed development, and other identifiable public benefits; and


    (c)Compatibility of the proposed development with the Comprehensive Plan, the goals of the PUD process in § 2400, and the PUD evaluation standards in § 2403.


    2407.5Notice for the public hearing on a PUD application shall be given in the same manner as for amendments to the Zoning Map as contained in chapter 30 of this title. The hearing shall be conducted as a contested case in accordance with those rules.


    2407.6At the public hearing, the applicant shall carry the burden of justifying the proposal Failure of groups or persons to appear in opposition shall not relieve the applicant of the responsibility of demonstrating the merits of the application.


    2407.7At the public hearing, the applicant shall advise the Commission of the efforts that have been made to apprise the affected Advisory Neighborhood Commission and other individuals and community groups concerning the proposed development.


    2407.8The Commission shall either approve, deny, or modify the application.


    2407.9The Commission's first-stage approval shall set forth the appropriate zoning classification to apply to the project, and shall state in detail the elements, guidelines, and conditions that shall be followed by the applicant in the second-stage application.


    2407.10The first-stage approval shall be valid for a period of one year, unless a longer period is specified by the Commission, or unless the Commission extends that period.


    2407.11The rights granted under such an approval are conditional, and shall be exercised within the specified time limit. Unexercised rights shall lapse at the end of the specified time periods, and the zoning shall revert to pre-existing conditions, unless a request to extend the validity of the approval is granted by the Commission in accordance with the standard and process for second-stage PUD extensions set forth in §§ 2408.10 through 2408.12.


    2407.12In the case of an application processed under a consolidated review, the Commission shall render a final decision on the application after the hearing process. The following shall also apply:


    (a)The applicant may file directly for a building permit without filing a subsequent application with the Commission;


    (b)The requirements for the filing of that permit application shall be the same as those following approval of the second-stage of the two-stage process; and


    (c)At the point at which a decision is made on a consolidated review application, the Commission may also determine that a second review is required, and rather than approving the application in a consolidated review, grant first-stage approval only and require that the applicant file additional plans for second-stage approval.



Section 1 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797; D.C. Official Code § 6-641.01 (2008 Repl.)).


Final Rulemaking published at 42 DCR 6613, 6625 (December 1, 1995); 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, 8517-18 (October 20, 2000); as amended by Final Rulemaking published at 60 DCR 8967 (June 14, 2013).