6106555 Zoning Commission Notice of Proposed Rulemaking: Case No. 04-33H(Text Amendments - Inclusionary Zoning -Addition of Affordable Housing Required by District Law to Exemptions from Inclusionary Zoning)

ZONING COMMISSION FOR THE DISTRICT OF COLUMBIA

 

NOTICE OF PROPOSED RULEMAKING

Z.C. Case No. 04-33H

(Text Amendment - 11 DCMR)

(Text Amendments - Inclusionary Zoning -Addition of Affordable Housing Required by District Law to Exemptions from Inclusionary Zoning)

 

The Zoning Commission for the District of Columbia, (Commission) pursuant to its authority under § 1 of the Zoning Act of 1938, approved June 20, 1938, as amended (52 Stat. 797; D.C. Official Code § 6-641.01 (2012 Rep1.)), hereby gives notice of its intent to amend Subtitle C (General Rules), § 1001.6(a), of the version of the Zoning Regulations (Title 11 of the District of Columbia Municipal Regulations (DCMR)) that will become effective on September 6, 2016 (2016 Regulations). The 2016 Regulations were adopted by the Commission through a Notice of Final Rulemaking published in Part II of the March 4, 2016 edition of the District of Columbia Register at 63 DCR 2447.

 

Chapter 10 (Inclusionary Zoning) of Subtitle C sets forth the Inclusionary Zoning (IZ) regulations that are codified in Chapter 26 of the current version of Title 11.  Consistent with current Chapter 26, Subtitle C § 1001.6(a) exempts from IZ any development financed, subsidized, or funded in whole or in part by the federal or District government and administered by the Department of Housing and Community Development (DHCD), the District of Columbia Housing Finance Agency, or the District of Columbia Housing Authority and that meets the requirements set forth in current § 2602.7.  The amendment adds developments that are subject to a mandatory affordable housing requirement that exceeds the requirements of Chapter 10 as a result of District law. The amendment also adds language to encompass projects that are monitored, but not administered by the above-referenced District agencies. 

 

Final rulemaking action shall be taken not less than thirty (30) days from the date of publication of this notice in the D.C. Register.

 

A Notice of Emergency Rulemaking adopting the same amendments to current Chapter 26 is also appears in this issue of the District of Columbia Register.

 

The following amendments to the 2016 Regulations are proposed (new language is shown in bold and underlined text; deleted language is shown in strikethrough text):

 

Chapter 10, INCLUSIONARY ZONING, of 11-C DCMR, GENERAL RULES, is amended as follows:

 

§ 1001, APPLICABILITY, § 1001.6(a) is amended to read as follows:

 

1001.6             IZ requirements of this chapter shall not apply to:

 

                        (a)         Any development subject to a mandatory affordable housing requirement that exceeds the requirements of this chapter as a result of District law or financialed, subsidieszed, or funded in whole or in part by the federal or District government and administered and/or monitored by the Department of Housing and Community Development (DHCD), the District of Columbia Housing Finance Agency, or the District of Columbia Housing Authority (DCHA); provided

(1)               The development shall set aside, for low or moderate-income households, affordable dwelling units (“Exempt Affordable Units”) equal to at least the gross square footage that would have been otherwise required pursuant to the set-aside requirements in Subtitle C § 1003 for the zone in which the development is located.  The terms “low-income household” and “moderate-income household” shall have the same meaning as given them by the federal or District funding source, or financing or subsidizing entity, and shall hereinafter be referred to collectively as “Targeted Households”;

(2)               The Exempt Affordable Units shall be reserved for the Targeted Households and sold or rented in accordance with the pricing structure established by the District law or federal or District funding source, or financing or subsidizing entity, for so long as the project exists;

(3)               The requirements set forth in subparagraphs (1) and (2), of this paragraph, shall be stated as declarations within a covenant approved by the District; and

(4)               The approved covenant shall be recorded in the land records of the District of Columbia prior to the date that the first application for a certificate of occupancy is filed for the project; except that for developments that include buildings with only one (1) dwelling unit, the covenant shall be recorded before the first purchase agreement or lease is executed; and

…

 

All persons desiring to comment on the subject matter of this proposed rulemaking action should file comments in writing no later than thirty (30) days after the date of publication of this notice in the D. C. Register. Comments should be filed with Sharon Schellin, Secretary to the Zoning Commission, Office of Zoning, 441 4th Street, N.W., Suite 200-S, Washington, D.C. 20001, or electronic submissions may be submitted in PDF format through the Interactive Zoning Information System (IZIS) at http://app.dcoz.dc.gov/Login.aspx or to [e-mail]. Ms. Schellin may be contacted by telephone at [phone] or by email at [e-mail]. Copies of this proposed rulemaking action may be obtained at cost by writing to the above address.