6170478 Zoning Commission - Case No. 08-06F - Text Amendments – Subtitle A, § 304 and Subtitle X, § 301

ZONING COMMISSION FOR THE DISTRICT OF COLUMBIA

NOTICE OF PUBLIC HEARING

 

 

TIME AND PLACE:           Thursday, September 22, 2016, @ 6:30 p.m.

Jerrily R. Kress Memorial Hearing Room

441 4th Street, N.W., Suite 220-S

Washington, D.C.  20001

 

 

FOR THE PURPOSE OF CONSIDERING THE FOLLOWING: 

 

Case No.  08-06F (Text Amendments – Subtitle A, § 304, Deviations and Modifications Permitted by Zoning Administrator's Ruling, and Subtitle X, § 301 Minimum Land Area for Planned Unit Developments)

 

THIS CASE IS OF INTEREST TO ALL ANCs

 

At its regularly scheduled public meeting held July 25, 2016, the Zoning Commission took final action in Zoning Commission Case 08-06E, which concerned technical amendments to Zoning Commission Order No. 08-06A.  During the course of its deliberations the Commission agreed to set down for hearing text amendments to Subtitles A and X of the version of the Zoning Regulations (Title 11 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.  Technical corrections to the 2016 Amendments were adopted by the Commission through Zoning Commission Orders Nos. 08-06D and 08-06E, which also will become September 6, 2016.

 

The amendments advertised in this notice, if adopted, would amend Subtitle A to clarify when proposed modifications to approved orders (including approved plans) must comply with the 2016 Regulations and broaden the circumstances when the Zoning Administrator may permit modifications to plans approved by orders of the Board of Zoning Adjustment.  The proposed amendments would also repeal provisions in Subtitle X § 311 that are repeated in Subtitle A and revise Subtitle X § 301.2 to permit partial or complete waivers of the minimum land area requirements for planned unit development applications in Zone Groups 1, 2, 5, and 6.  The 2016 Regulations permit up to a 50% waiver for those Zone Groups. The six Zone Groups and the applicable minimum land areas are as follows:

 

TABLE X § 301.1: MINIMUM PUD LAND AREA

 

Zone Group	Applicable Zone	Minimum Area
1	Any R zone Any RF zone	2 acres
2	RA-1, -RA-2 RC-1 MU-11	1 acre
3	RF-2 RA-8, RA-9, RA-10 MU-15, MU-16 MU-22	1 acre
4	MU-17, MU-18, MU-19, MU-20, MU-21	0.5 acre
5	NC-7, NC-8, NC-9, NC-10, NC-11,  NC-12, NC-13, NC-14, NC-15, NC-16, NC-17	10,000 sq. ft.
6	Any Other Zone	15,000 sq. ft.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

Subtitle A, AUTHORITY AND APPLICABILITY, CHAPTER 1 INTRODUCTION TO TITLE 11, is amended as follows:

 

Section 102, VESTED RIGHTS UNDER THE PREVIOUS 1958 ZONING REGULATIONS, AS AMENDED. § 102.4 is amended as follows:

 

102.4               An application to the Board of Zoning Adjustment or the Zoning Commission for a modification (other than a minor modification)  to a vested project identified within this section that cannot be granted by the Zoning Administrator as a deviation permitted by Subtitle A § 304 or as a minor modification permitted by Subtitle X § 311.6 shall conform with the 2016 Regulations and if no building permit has been issued for the vested project, the entire project must conform with the 2016 Regulations.

 

Section 304, DEVIATIONS AND MODIFICATIONS PERMITTED BY ZONING ADMINISTRATOR'S RULING. is amended as follows:

 

304                  DEVIATIONS AND MODIFICATIONS PERMITTED BY ZONING ADMINISTRATOR'S RULING

 

304.1               The flexibility or deviation deviations from the Zoning Regulations and modifications to approved plans permitted provided by this section shall not be applicable for any calculation or for determining compliance with Subtitle U §§ 301.2 or 320.2.

 

304.2               The Zoning Administrator is authorized to permit the following deviations, from the Zoning Regulations for building permits that are not otherwise authorized by an approved order of the Zoning Commission or the Board of Zoning Adjustment, if the Zoning Administrator pursuant to Subtitle A § 304.3 determines that the deviation or deviations will not impair the purpose of the otherwise applicable regulations:

 

(a)        Deviations not to exceed two percent (2%) of the area requirements governing minimum lot area, maximum percentage of lot occupancy, and area standards of courts;

 

(b)        Deviations not to exceed the lesser of two percent (2%) or twelve inches (12 in.) of the linear requirements governing minimum lot width;

 

(c)        Deviations not to exceed the lesser of ten percent (10%) or twelve inches (12 in.) of the linear requirements governing minimum rear yard, minimum side yard, and court width; and

 

(d)       Deviations not to exceed two percent (2%) of the linear frontage limitation for eating/drinking establishments in Subtitle K § 811.9. 

 

304.3               The Zoning Administrator shall consider the following issues, as applicable, in determining whether any deviation will not impair the purpose of the applicable regulations pursuant to Subtitle A § 304.2:

 

(a)        The light and air available to neighboring properties shall not be unduly affected;

 

(b)        The privacy of neighboring properties shall not be unduly compromised;

 

(c)        The level of noise in the neighborhood shall not be unduly increased;

 

(d)       The use and enjoyment of neighboring properties shall not be unduly compromised;

 

(e)        No trees which would otherwise be protected by this title or other District of Columbia regulation, shall be damaged or removed; and

 

(f)        The general scale and pattern of buildings on the subject street frontage and the neighborhood shall be maintained consistent with the development standards of this title.

 

304.4               An applicant for a building permit seeking a deviation permitted by Subtitle A § 304.2 shall submit a written request to the Zoning Administrator that is signed by the property owner and that includes a comprehensive list identifying the type and extent of all proposed deviations and a written statement explaining how the requested deviations comply with Subtitle A §§ 304.2 and 304.3.

 

304.5               For building permits that are authorized by an approved order of the Zoning Commission or the Board of Zoning Adjustment, the Zoning Administrator following receipt of  a request made pursuant to Subtitle A § 304.6  is authorized to permit only the following minor modifications to approved plans listed in Subtitle A § 304.5 if the if the Zoning Administrator determines that the proposed modification is consistent with the intent of the Zoning Commission or Board of Zoning Adjustment in approving the application:

 

(a)        A change  not to exceed two percent (2%) in percentage of height,  lot occupancy, or gross floor area of any building that is the direct result of structural or building code requirements;

 

(b)       A change not to exceed two percent (2%) in the number of dwelling units, hotel rooms, institutional rooms, or gross floor area to be used for commercial or accessory uses within the approved square footage;

 

(c)        A change not to exceed two percent (2%) in the number of parking or loading spaces; and

 

(d)       The relocation of any building within five feet (5 ft.) of its approved location, in order to retain flexibility of design or for reasons of unforeseen subsoil conditions or adverse topography.

 

304.5               The following minor deviations to approved plans shall be permitted unless the Zoning Commission or the Board of Zoning Adjustment have already granted modifications or variances for the same area of relief:

 

(a)        Deviations not to exceed two percent (2%) in percentage of lot occupancy, or gross floor area of any building that is the direct result from structural or building code requirements;

 

(b)        Deviations not to exceed two percent (2%) in the number of residential units, hotel rooms, institutional rooms, or gross floor area to be used for commercial or accessory uses within the approved square footage;

 

(c)        Deviations not to exceed two percent (2%) in the number of parking or loading spaces; and

 

(d)       The relocation of any building within five feet (5 ft.) of its approved location, for reasons of unforeseen subsoil conditions or adverse topography.

 

304.6               An applicant for a building permit seeking a modification to approved plans permitted by Subtitle A § 304.5 shall submit a written request to the Zoning Administrator that is signed by the property owner and that includes a comprehensive list identifying the type and extent of all proposed modifications to the approved plans and a written statement explaining how the requested modifications comply with Subtitle A 304.5.

 

304.7               For building permits that are authorized by an approved order of the Zoning Commission, the The Zoning Administrator shall report to the Zoning Commission any modification approved under Subtitle A § 304.5.  No modified building permit shall be issued for forty-five (45) days after a report is sent to the Zoning Commission.  If prior to the expiration of this time period the Zoning Commission decides that the modification exceeded the scope of a minor modification, the Zoning Administrator shall not approve the building permit, but shall instruct the applicant to seek a modification pursuant to the appropriate procedures of this title Subtitle Z §§ 703 ot 704 as applicable. 

 

304.78             No building permit that requires the approval of a minor modification pursuant to Subtitle A 304.5 may be issued during a forty-five (45) day period that begins on the date of a report made pursuant to Subtitle Z unless the Zoning Commission advises the Zoning Administrator that it concurs that the modification is permitted by Subtitle A § 304.5 minor.

 

304.9               Any modifications proposed to approved plans pursuant to Subtitle A § 304.5 that cannot be approved by the Zoning Administrator shall be submitted to and approved by the Zoning Commission pursuant to Subtitle Z, Chapter 7.

 

304.10             For building permits that are authorized by an order of the Board of Zoning Adjustment (“the Order”)  the Zoning Administrator following receipt of  a request made pursuant to Subtitle A § 304.11 is authorized to permit modifications to approved plans  in addition to those modifications specifically authorized pursuant to flexibility granted by the Order if the Zoning Administrator determines that the proposed modifications are consistent with the intent of the Board of Zoning Adjustment and the modifications would not:

 

(a)        Violate any condition of approval included in the Order;

 

(b)       Increase, expand, or extend any area of relief granted by the Order;

 

(c)        Create any need for new relief;

 

(d)       Change a principal use from that approved in the Order;

 

(e)        Increase the number of stories;

 

(f)        Increase by more than  two percent  (2%) the building gross floor area,  lot occupancy, building height, penthouse height; provided that the  permitted increase of two percent (2%)  or less must be the direct result of structural or building code requirements;

 

(g)        Increase by more than  two percent  (2%) the number of dwelling units, hotel rooms, or institutional rooms within the approved square footage or

 

(h)       Increase or decrease by more than two percent (2%) the number of parking or loading spaces depicted on the approved plans.

 

304.11             An applicant for a building permit seeking a modification to approved plans permitted by Subtitle A § 304.10 shall submit a written request to the Zoning Administrator that is signed by the property owner and that includes a comprehensive list identifying the type and extent of all proposed modifications to the approved plans and a written statement explaining how the requested modifications comply with Subtitle A § 304.10.

 

304.12             Any modifications proposed to approved plans that cannot be approved by the Zoning Administrator pursuant to Subtitle A § 304.8 shall be submitted to and approved by the Board of Zoning Adjustment pursuant to Subtitle Y, Chapter 7.

 

…

 

 

Subtitle X, SUBTITLE X GENERAL PROCEDURES, is amended as follows:

 

Section 301, MINIMUM LAND AREA (PUD), § 301.2 is amended as follows:

 

301.2              The Zoning Commission may waive not more than fifty percent (50%) of the minimum area requirement of Subtitle X § 301.1 for applications in Zone Groups 1, 2, 5, and 6, provided that the Zoning Commission shall find after the public hearing that the development is of exceptional merit and is in the best interests of the District of Columbia or the country and one (1) of the following: 

 

                        …

 

 

Section 311, IMPLEMENTATION is amended as follows:

 

Subtitle X §§ 311.6 through 311.9 are repealed as follows:

 

311.6               The Zoning Administrator shall have the authority to approve minor modifications in the final plans as approved by the Zoning Commission. These modifications shall be limited to the following:

 

(a)        A change not to exceed two percent (2%) in the height, percentage of lot occupancy, or gross floor area of any building;

 

(b)        A change not to exceed two percent (2%) in the number of residential units, hotel rooms, institutional rooms, or gross floor area to be used for commercial or accessory uses;

 

(c)        A change not to exceed two percent (2%) in the number of parking or loading spaces; and

 

(d)       The relocation of any building within five feet (5 ft.) of its approved location, in order to retain flexibility of design, or for reasons of unforeseen subsoil conditions or adverse topography.

 

311.7               In reviewing and approving any modification requested pursuant to Subtitle X § 311.6, the Zoning Administrator shall determine that the proposed modification is consistent with the intent of Zoning Commission in approving the PUD.

 

311.8               Following approval of any modifications under Subtitle X § 311.6, the Zoning Administrator shall report to the Commission the modification approved under this section and may issue a building permit predicated upon the modification if:

 

(a)        Forty-five (45) days have passed since the submittal of the report and the Commission has not make a finding that the modification exceeds the scope of Subtitle X § 311.9; or

 

(b)        Prior to the expiration of that time period the Zoning Commission acknowledges that the modification does not exceed the scope of Subtitle X § 311.6, whichever is the first to occur.

 

If the Zoning Commission timely decides that the modification exceeded the scope of Subtitle X § 311.6, the Zoning Administrator shall not approve the building permit, but shall instruct the applicant to seek a modification pursuant to Subtitle X § 311.9.

 

311.9               Any modifications proposed to an approved PUD that cannot be approved by the Zoning Administrator shall be submitted to and approved by the Zoning Commission pursuant to Subtitle Z, Chapter 7.

 

Subtitle X §§ 311.10 and 311.11 are renumbered as §§ 311.6 and 311.7 as follows.

 

311.6   The Zoning Administrator shall not approve an application for a certificate of occupancy for a PUD if the order approving the PUD includes a condition requiring the provision of affordable housing unless the owner has executed monitoring and enforcement documents with the District of Columbia, which will bind the owner and all successors in title to abide by such terms as the District considers necessary to ensure that the affordable housing will be constructed, marketed, sold, re-sold, rented, and occupied, so as to be affordable to the target households during the specified control period and safeguarded regarding foreclosure.

 

311.7   A condition in an order approving or modifying a PUD that requires the provision of affordable housing shall automatically terminate if title to the mortgaged property is transferred following foreclosure by, or deed-in-lieu of foreclosure to, a mortgagee in the first position, or a mortgage in the first position is assigned to the Secretary of the U.S. Department of Housing and Urban Development provided the owner has executed monitoring and enforcement documents per the requirements of Subtitle X § 311.10.

 

Proposed amendments to the Zoning Regulations of the District of Columbia are authorized pursuant to the Zoning Act of June 20, 1938, (52 Stat. 797), as amended, D.C. Official Code § 6-641.01, et seq.

 

The public hearing on this case will be conducted as a rulemaking in accordance with the provisions of Subtitle Z, Chapter 5. 

 

How to participate as a witness.

 

Interested persons or representatives of organizations may be heard at the public hearing. The Commission also requests that all witnesses prepare their testimony in writing, submit the written testimony prior to giving statements, and limit oral presentations to summaries of the most important points.  The applicable time limits for oral testimony are described below.  Written statements, in lieu of personal appearances or oral presentation, may be submitted for inclusion in the record.

 

Time limits.

 

All individuals, organizations, or associations wishing to testify in this case are encouraged to inform the Office of Zoning of their intent to testify prior to the hearing date.  This can be done by mail sent to the address stated below, e-mail ([e-mail]), or by calling [phone]. 

 

The following maximum time limits for oral testimony shall be adhered to and no time may be ceded:

 

            1.         Organizations                                      5 minutes each

            2.         Individuals                                          3 minutes each

 

The Commission may increase or decrease the time allowed above, in which case, the presiding officer shall ensure reasonable balance in the allocation of time between proponents and opponents.

 

Written statements, in lieu of oral testimony, may be submitted for inclusion in the record.  The public is encouraged to submit written testimony through the Interactive Zoning Information System (IZIS) at http://app.dcoz.dc.gov/Login.aspx; however, written statements may also be submitted by mail to 441 4^th Street, N.W., Suite 200-S, Washington, DC 20001; by e-mail to [e-mail]; or by fax to [phone].   Please include the case number on your submission.  FOR FURTHER INFORMATION, YOU MAY CONTACT THE OFFICE OF ZONING AT [phone].

 

ANTHONY J. HOOD, MARCIE I. COHEN, ROBERT E. MILLER PETER G. MAY, AND MICHAEL G. TURNBULL -------- ZONING COMMISSION FOR THE DISTRICT OF COLUMBIA, BY SARA A. BARDIN, DIRECTOR, AND BY SHARON SCHELLIN, SECRETARY TO THE ZONING COMMISSION.