Section 11-X305. PLANNED UNIT DEVELOPMENT PUBLIC BENEFITS

305.1 The Zoning Commission shall also evaluate the specific public benefits and project amenities of the proposed development, which features may in some instances overlap.

305.2 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.

305.3 All public benefits shall meet the following criteria:

(a) Benefits shall be tangible and quantifiable items;

(b) Benefits shall be measurable and able to be completed or arranged prior to issuance of a certificate of occupancy;

(c) Benefits may primarily benefit a particular neighborhood or area of the city or service a critical city-wide need; and

(d) Monetary contributions shall only be permitted if made to a District of Columbia 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.

305.4 A majority of public benefits of the proposed PUD should relate to the geographic area of the Advisory Neighborhood Commission in which the application is proposed.

305.5 Public benefits of the proposed PUD may be exhibited and documented in any of the following or additional categories:

(a) Superior urban design and architecture;

(b) Superior landscaping, or creation or preservation of open spaces;

(c) Site planning and efficient and economical land utilization;

(d) Commemorative works or public art;

(e) Historic preservation of private or public structures, places, or parks;

(f) Housing that:

(1) Exceeds the amount that would have been required through matter-of-right development under existing zoning;

(2) Includes senior housing; or

(3) Provides units with three (3) or more bedrooms;

(g) Affordable housing; except that affordable housing provided in compliance with the Inclusionary Zoning requirements of Subtitle C, Chapter 22, 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 Zoning 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 the Inclusionary Zoning requirements of Subtitle C, Chapter 10; 

(h) Employment and training opportunities;

(i) Social services and facilities for the duration of the PUD, including, but not limited to, space dedicated for a day care or elderly care facility, for the duration of the PUD.  The day care must be available to the general public and open during normal business hours at least five (5) days each week and fifty (50) weeks each calendar year. The space for each child shall be based on the requirement outlined in the Child Development Facilities Regulations;

(j) Building space for special uses including, but not limited to, community educational or social development, promotion of the arts or similar programs and not otherwise required by the zone district, a grocery store larger than fifteen thousand square feet (15,000 sq. ft.) in areas where a grocery store does not exist within a three mile (3 mi.) radius, or incubation space for small or local businesses;

(k) Environmental and sustainable benefits to the extent they exceed the standards required by zoning or other regulations including, but not limited to:

(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;

(3) Garden(s) or on-site food production through permanent and viable growing space and/or facilities such as a greenhouse or a garden conservatory which provide fencing, watering systems, soil, secured storage space for tools, solar access, and pedestrian access as applicable. The facility shall be designed to be architecturally compatible with the development and to minimize the visibility of mechanical equipment;

(4) Total green area ratio scores that exceed requirements by at least one-tenth (0.1); and

(5) Meeting the minimum standards for Leadership in Energy and Environmental Design (LEED) Gold certification. The project does not have to achieve actual LEED certification; however, the developer must include the LEED checklist and documentation in the application, approved by a LEED Accredited Professional (LEED-AP) that shows that the project will comply with LEED requirements;

(l) Streetscape plans, subject to approval by the Department of Transportation Public Space Committee including implementation and maintenance of the streetscape for the duration of the project for areas where there is no design standards;

(m) Outdoor children's play area: a public, active, outdoor children's play area that shall be secure, separated from parking and maneuvering areas, and designed to facilitate adult supervision. The play area shall include play equipment, installed to the manufacturer's specifications, or natural features suitable for children in both preschool and elementary school.  The play area shall be a minimum of five hundred square feet (500 sq. ft.); 

(n) Park maintenance or participation in the Department of Park and Recreation (DPR) “Adopt-a-Park Program” for the life of the development;

(o) Transportation infrastructure beyond that needed to mitigate any potential adverse impacts of the application including, but not limited to, dedication and/or construction of a public street or alley; maintenance of a street median; or provision of a public easement for a pedestrian walkway that would not otherwise be required; 

(p) Mass transit improvements, including, but not limited to, location and funding of a shared bike station; accommodation, and/or construction of a Metro station entrance; or donation of space for a transit store or other similar space to provide services such as the sale of transit cards, Metro passes, bus and train schedules, and information on bike and car sharing programs, etc.;

(q) Uses of special value to the neighborhood or the District of Columbia as a whole; and

(r) 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.

305.6 Public benefits other than those listed above may be proposed to and considered by the Zoning Commission. 

305.7 Public 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 (.25 mi.) of the PUD site or within the boundaries of the ANC for the area that includes the PUD site.

305.8 If the off-site public benefit is affordable housing, it shall be provided according to the requirements of Subtitle X § 306.

305.9 Elements or items required as mitigation to potential adverse impacts of the PUD shall not also be considered as benefits for the purposes of this section

305.10 A project amenity is one (1) 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.

305.11 The Zoning Commission may not compel an applicant to add to proffered public benefits, but shall deny a PUD application if the proffered benefits do not justify the degree of development incentives requested (including any requested map amendment).  Nevertheless, the Zoning Commission may at any time note the insufficiency of the public benefits and suggest how the benefits may be improved. 

305.12 A project may qualify for approval by being particularly strong in only one (1) or a few of the categories in this section, but must be acceptable in all proffered categories and superior in many.

 

authority

§ 1 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797, as amended; D.C. Official Code § 6-641.01 (2012 Repl.)).

source

Final Rulemaking published at 63 DCR 2447, 3454 (March 4, 2016 – Part 2).