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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 11-2408. PROCESSING OF SECOND-STAGE PUD APPLICATIONS
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2408.1In accordance with §§ 2406.12 and 2407.8 through 2407.11, the applicant may file an application for second-stage PUD approval.
2408.2The application shall be filed on a form as may be designated from time-to-time by the Commission.
2408.3The Commission shall review the application. If the Commission determines that the application complies with all of the requirements of the first-stage approval, it shall schedule a public hearing on the second-stage application. It is the intention of the Commission that any second-stage application that is substantially in accordance with the elements, guidelines, and conditions of the first-stage approval shall be granted a hearing.
2408.4The Commission shall submit the application to the D.C. Office of Planning for coordination, review, report, and impact assessment of the final design. The assessment shall include reports in writing from all relevant District agencies and departments, including, but not limited to, the Departments of Transportation and Housing and Community Development and, if a historic district or district landmark is involved, the State Historic Preservation Officer.
2408.5Notice for the public hearing 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.
2408.6 If the Commission finds the application to be in accordance with the intent and purpose of the Zoning Regulations, the PUD process, and the first-stage approval, the Commission shall grant approval to the second-stage application, including any guidelines, conditions, and standards that are necessary to carry out the Commission's decision. No order approving a PUD shall be deemed to include relief from any zoning regulation, including but not limited to the requirements of Chapter 26, unless such relief was expressly requested by the applicant and expressly granted in the order.
2408.7In granting second-stage approval, the Commission may specify that the project be built in stages and shall specify the timing of the stages.
2408.8The final PUD approved by the Commission shall be valid for a period of two (2) years, within which time application shall be filed for a building permit, as specified in § 2409.1
2408.9Construction shall start within three (3) years of the date of final approval.
2408.10The Commission may extend the time periods set forth in §§ 2408.8 and 2408.9 for good cause shown upon the filing of a written request by the applicant before the expiration of the approval; provided, that the Commission determines that the following requirements are met:
(a)The extension request is served on all parties to the application by the applicant, and all parties are allowed thirty (30) days to respond;
(b)There is no substantial change in any of the material facts upon which the Commission based its original approval of the PUD that would undermine the Commission's justification for approving the original PUD; and
(c)The applicant demonstrates with substantial evidence that there is good cause for such extension, as provided in § 2408.11.
2408.11For purposes of § 2408.10(c), an extension of the validity of a PUD may be granted by the Commission for good cause shown if an applicant has demonstrated with substantial evidence one or more of the following criteria:
(a)An inability to obtain sufficient project financing for the PUD, following an applicant' s diligent good faith efforts to obtain such financing, because of changes in economic and market conditions beyond the applicant' s reasonable control;
(b)An inability to secure all required governmental agency approvals for a PUD by the expiration date of the PUD order because of delays in the governmental agency approval process that are beyond the applicant' s reasonable control; or
(c)The existence of pending litigation or such other condition, circumstance, or factor beyond the applicant’ s reasonable control that renders the applicant unable to comply with the time limits of the PUD order.
2408.12The Commission shall hold a public hearing on a request for an extension of the validity of a PUD only if, in the determination of the Commission, there is a material factual conflict that has been generated by the parties to the PUD proceedings concerning any of the criteria in § 2408.11. The hearing shall be limited to the specific and relevant evidentiary issues in dispute.
2408.13In the event an appeal is filed in a court of competent jurisdiction from an order of the Commission, the time limitations of §§ 2408.8 and 2408.9 shall run from the decision date of the court’ s final determination of the appeal. Unless stayed by the Commission or a court of competent jurisdiction, an applicant may proceed pursuant to the order of the Commission prior to any such final determination.
2408.14If no application for a permit is filed, construction has not started within the period specified, or no extension is granted, the approval shall expire, the zoning shall revert to the pre-existing regulations and map, and the approval shall not be reinstated unless a new application is filed, processes, and approved in accordance with this chapter.
2408.15A change of zoning approved in conjunction with a PUD shall not become effective until the covenant required in § 2409.3 has been recorded.
2408.16The grant of a PUD prohibits any construction on the PUD site that is not authorized in the order approving the PUD, including development under matter of right standards, until:
(a) The validity of the PUD order expires; or
(b) The Commission issues an order granting the applicant’s motion to extinguish the PUD.