3182005 Zoning Commission Notice of Public Hearing: Case No. 04-33F (Text Amendments: PUDs and Inclusionary Zoning)

ZONING COMMISSION FOR THE DISTRICT OF COLUMBIA

NOTICE OF PUBLIC HEARING

 

TIME AND PLACE:           Thursday, October 11, 2012 @ 6:30 p.m. - 4^th Case

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.  04-33F (Text Amendments: PUDs and Inclusionary Zoning -Termination of Affordability Controls upon Foreclosure)

 

THIS CASE IS OF INTEREST TO ALL ANCs

 

The Office of Planning (“OP”), in a report dated July 26, 2012, petitioned the Zoning Commission for the District of Columbia (“Zoning Commission” or “Commission”) for text amendments to provide for the automatic termination of  affordability controls imposed on a unit by a PUD order or the Inclusionary Zoning regulations contained in chapter 26 of Title 11 DCMR upon the unit’s foreclosure or the recordation of a deed in lieu of foreclosure by the first mortgagee; provided that the agency specified in the affordability covenant recorded against the unit is provided advance notice and records an acknowledgment of receipt of such notice in the District’s land records.

 

At its regular public meeting held July 30, 2012, the Zoning Commission set down this case for a public hearing, authorized the immediate publication of this notice, and adopted the amendments on an emergency basis. The OP report served as the pre-hearing submittal for the case.

The proposed amendments to the Zoning Regulations, title 11 DCMR, are as follow:

 

Chapter 24, PLANNED UNIT DEVELOPMENT PROCEDURES, § 2409, IMPLEMENTATION, is amended by adding a new § 2409.10 to read as follows:

 

2409.10           A condition in an order approving or modifying a PUD that requires the provision of affordable housing shall no longer apply to a for-sale affordable unit upon foreclosure or a recorded deed in lieu of foreclosure by the first mortgagee, provided:

 

(a)        The first mortgagee sends to the District agency identified in the affordable unit covenant (the Enforcement Agency) a copy of the Notice of Default on a Residential Mortgage required by § 539 (b) of An Act To establish a code of law for the District of Columbia, approved March 3, 1901 (31 Stat. 1189; D.C. Official Code § 42-815 (b)) within two (2) business days after the date of mailing of the original Notice of Default on a Residential Mortgage to the borrower;

 

(b)        In the case of a foreclosure, the first mortgagee also sends to the Enforcement Agency a copy of the Notice of Intention to Foreclose a Residential Mortgage as required by 26 DCMR C § 2727 within two (2) business days after the date of mailing of the original Notice of Intention to Foreclose a Residential Mortgage to the borrower; and

 

(c)        The Enforcement Agency files a notice in the land records acknowledging that the notice described in paragraph (a) and, if applicable, the notice described in paragraph (b) were received.

 

Chapter 26, INCLUSIONARY ZONING, Section 2602, APPLICABILITY, is amended as follows:

 

By amending § 2602.4 to add a reference to new § 2602.10, so that the provision will read as follows

 

2602.4             Except as provided in §§ 2602.5, 2602.10, 2603.5, and 2607.1(c) of the Act, all inclusionary units created pursuant to this chapter shall be leased or sold only to eligible households for so long as the inclusionary development exists.

 

By adding a new § 2602.10 to read as follows

 

2602.10           The requirements of this chapter shall no longer apply to a for-sale Inclusionary Unit upon foreclosure or a recorded deed in lieu of foreclosure by the first mortgagee provided:

 

(a)        The first mortgagee sends to the District agency identified in the Inclusionary Development Covenant required by 14 DCMR § 2201.1 (b) (the Enforcement Agency) a copy of the Notice of Default on a Residential Mortgage required by § 539 (b) of An Act To establish a code of law for the District of Columbia, approved March 3, 1901 (31 Stat. 1189; D.C. Official Code § 42-815 (b)) within two (2) business days after the date of mailing of the original Notice of Default on a Residential Mortgage to the borrower;

 

(b)        In the case of a foreclosure, the first mortgagee also sends to the Enforcement Agency a copy of the Notice of Intention to Foreclose a Residential Mortgage required by 26 DCMR C § 2727 within two (2) business days after the date of mailing of the original Notice of Intention to Foreclose a Residential Mortgage to the borrower; and

 

(c)        The Enforcement Agency files a notice in the land records acknowledging that the notice described in paragraphs (a) and, if applicable, the notice described in paragraph (b) were received.

 

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 11 DCMR § 3021.  Pursuant to that section, the Commission will impose time limits on testimony presented to it at the public hearing.

 

All individuals, organizations, or associations wishing to testify in this case should file their intention to testify in writing.  Written statements, in lieu of personal appearances or oral presentations, may be submitted for inclusion in the record.

 

Information should be forwarded to Sharon S. Schellin, the Secretary of the Zoning Commission, Office of Zoning, Suite 200-S, 441 4^th Street, N.W., Washington, D.C., 20001.  Please include the number of this particular case and your daytime telephone number.  FOR FURTHER INFORMATION, YOU MAY CONTACT THE OFFICE OF ZONING AT [phone].

 

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