 |
D.C. Municipal Regulations (Last Updated: September 13, 2017) |
 |
Title 11. ZONING REGULATIONS OF 2016 |
|
SubTilte 11-X. GENERAL PROCEDURES |
|
Chapter 11-X3. PLANNED UNIT DEVELOPMENTS |
Section 11-X308. PLANNED UNIT DEVELOPMENT PROCEDURES
-
308.1 The Zoning Commission shall refer all PUD applications to the Office of Planning, which shall provide a report to the Zoning Commission that includes whether the application is:
(a) Not inconsistent with the Comprehensive Plan;
(b) Consistent with the purpose of the PUD process; and
(c) Generally ready for a public hearing to be scheduled.
308.2 Following the receipt of the report from the Office of Planning, the Zoning 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.
308.3 If the Zoning Commission determines a second-stage 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 Zoning 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.
308.4 If 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 of Columbia 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 Historic Preservation Office.
308.5 The Office of Planning shall report as appropriate, on the:
(a) Suitability of the site for use as a PUD;
(1) Appropriateness, character, scale, mixture of uses, and design of the uses proposed for the proposed development, and other identifiable public benefits;
(2) Compatibility of the proposed development with the Comprehensive Plan and the goals of the PUD process;
(3) The quality of the urban design and site design of the proposed development; and
(4) Conformance with the PUD evaluation standards of this chapter.
308.6 At 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.
308.7 At the public hearing, the applicant shall advise the Zoning 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.
308.8 No later than seven (7) days after the Zoning Commission takes proposed action on any PUD application (or for PUDs not involving map amendments seven (7) days after the close of the hearing), the applicant shall file with the Office of Zoning and serve the Office of Planning, the Office of the Attorney General , and the affected Advisory Neighborhood Commission and any other parties, a final list of the public benefits proffered for the PUD (Proffer) and, for each proffer, provide a draft condition that is both specific and enforceable.
308.9 The description of each public benefits 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.
308.10 The information required by Subtitle X § 308.8 shall be presented in the form of a chart in which with each proffered public benefit is described in one (1) 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 ________.
308.11 No later than fourteen (14) days after the Zoning Commission takes proposed action on any PUD application (or for PUDs not involving map amendments, fourteen (14) days after the close of the hearing), the Office of the Attorney General, Office of Zoning, and Office of Planning shall complete any dialogue they feel is needed with the applicant with respect to any deficiencies in the applicant’s proposed conditions.
308.12 No later than twenty-one (21) days after the Zoning Commission takes proposed action on any PUD application (or for PUDs not involving map amendments twenty-one (21) days after the close of the hearing) the applicant shall file with Office of Zoning and serve the Office of Planning, Office of the Attorney General, and the affected Advisory Neighborhood Commission and any other parties, any revisions to the Proffer and conditions, or a statement that none have been made.
308.13 No later than twenty-eight (28) days after the Zoning Commission takes proposed action on any PUD application (or for PUDs not involving map amendments, twenty-eight (28) days after the close of the hearing), the Office of the Attorney General, Office of Planning, and the affected Advisory Neighborhood Commission 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.
308.14 The Office of the Attorney General response will be treated as a confidential attorney client communication. The Zoning Commission will consider the PUD to contain only those public benefits described in the final Proffer
308.15 The Zoning Commission may relieve an applicant of some or all of the responsibilities of Subtitle X §§ 308.7 through 308.12 in circumstances when it believes the process is unnecessary, such as when it is considering a modification that does not involve a change to the PUDs public benefits.