Section 11-X306. HOUSING LINKAGE

306.1   A PUD application that proposes an increase in gross floor area devoted to office space over and above the amount of office space permitted as a matter-of-right in the underlying existing zone of the PUD site shall comply with the housing linkage requirements of this section.

306.2   The applicant shall produce or financially assist in the production of dwellings or multiple dwellings that are affordable to low- and moderate-income people; provided that:

(a) The quantity of low- and moderate-income housing that is required shall be based upon the requested increase in office FAR; and

(b) Income limits shall apply to housing that is constructed on the site of the PUD in accordance with Inclusionary Zoning standards.

306.3   The applicant may either provide the required housing by means of new construction or rehabilitation as specified in Subtitle X § 306.5, or may elect to make a financial contribution as provided in Subtitle X § 306.6.

306.4   The following exclusions and modifications shall apply:

(a) Commercial floor area other than office space shall be excluded from these computations for the proposed PUD; provided, that the matter-of-right commercial density of the existing zone shall be reduced by 0.5 FAR to allow for normal retail use;

(b) If the proposed PUD provides an amount of housing equal to or greater than the housing that would be required under this section, no additional housing shall be required;

(c) No housing requirement pursuant to this section shall apply to a PUD that is proposed for property located in a D zone, or to any PUD application filed by an agency of the federal government, or the Washington Metropolitan Area Transit Authority (WMATA); and

(d) An applicant may apply for a reduction or elimination of the housing required under this section as part of a PUD application provided the Zoning Commission finds, after public hearing, that the reduced or eliminated housing requirement is necessitated or justified by the project’s provision of extraordinary public benefits that are of both exceptional merit and in the best interests of the city or the country.

306.5   If the applicant constructs or rehabilitates the required housing, the following conditions shall apply:

(a) The gross square footage of new or rehabilitated housing shall be based upon the gross square footage of increased office space that the PUD provides in excess of that allowed as a matter-of-right by the underlying existing zone of the PUD site; provided, that the amount of housing required shall be as follows:

(1) Not less than one-fourth (1/4) of the gross square feet of increased office space if the required housing is part of the PUD or is situated on adjacent property;

(2) Not less than one-third (1/3) of the gross square feet of increased office space if the location of the required housing does not comply with subparagraph (1) of this paragraph, but is nonetheless within the same Advisory Neighborhood Commission area as the PUD; and

(3) Not less than one-half (0.5) of the gross square feet of increased office space if the location of the required housing is other than as approved in subparagraphs (1) and (2) above;

(b) The applicant may construct or rehabilitate the housing units, or may secure the housing production by other business arrangements, including, but not limited to, joint venture, partnership, or contract construction;

(c) If the housing is provided as new construction, the average square feet of gross floor area per dwelling or per apartment unit shall be not less than eight hundred and fifty square feet (850 sq. ft.); provided, that no average size limit shall apply to rooming houses, boarding houses, or units that are deemed single-room occupancy housing;

(d) For purposes of this section, the word “rehabilitation” means the substantial renovation of housing for sale or rental that is not habitable for dwelling purposes because it is in substantial violation of the Housing Regulations of the District of Columbia (14 DCMR);

(e) In the case of rental housing, the required housing shall be maintained as affordable dwelling units for the duration of the PUD, but not less than twenty (20) years;

(f) If the required housing is provided for home ownership, the housing shall be provided at income levels and duration consistent with the Inclusionary Zoning Implementation Amendment Act of 2006 (the IZ Act), effective March 14, 2007 (D.C. Law 16-275; 54 DCR 880 (February 2, 2007)). References to the IZ Act include any Mayor's Order, agency rule, or other administrative issuance promulgated pursuant to that legislation; and

(g) No certificate of occupancy shall be issued for the office component of a PUD that is subject to the provisions of this section until a certificate of occupancy has been issued for the housing required pursuant to this section.

306.6   As an alternative to constructing or rehabilitating the required housing as provided in Subtitle X § 306.5, the applicant may contribute funds to the District of Columbia’s housing production trust fund; provided:

(a) The contribution shall be equal to one-half (0.5) of the assessed value of the increase in permitted gross floor area for office use;

(b) The assessed value shall be the fair market value of the property as indicated in the property tax assessment records of the Office of Tax and Revenue as of the date of the PUD application; and

(c) The contribution shall be determined by dividing the assessed value per square foot of land that comprises the PUD site by the maximum permitted commercial FAR and multiplying that amount times the requested increase in gross square feet proposed for office use.

306.7   If any housing exists on the development site and is to be removed in order to allow construction of the PUD, the total assessed value of the housing removed shall be added to the financial contribution as computed in Subtitle X § 306.6; provided, that this provision shall apply to any housing removed beginning one (1) year prior to the date of the PUD application.

306.8   Not less than one-half (0.5) of the required total financial contribution shall be made prior to the issuance of a building permit for any part of the office component of the PUD, and the balance of the total financial contribution shall be made prior to the issuance of a certificate of occupancy for any part of the office component of the PUD.

306.9   All affordable housing provided pursuant to this section shall be administered consistent with the IZ Act.

306.10   A PUD that is subject to the housing requirement of this section shall not be relieved of the requirement to be found meritorious pursuant to the evaluation standards in Subtitle X § 306.

306.11   The Office of Planning shall refer each application for a PUD subject to the provisions of this section to the Department of Housing and Community Development for an analysis of compliance with the housing requirements of this section and a recommendation.

 

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).