September 9, 2020

D.C. Office of Planning Recommends Public Hearing for Expanded Inclusionary Zoning

Holland & Knight Alert
Norman M. Glasgow Jr. | Christine M. Shiker | Kyrus Lamont Freeman | Dennis Russell Hughes | Leila Marie Jackson Batties | Jessica R. Bloomfield | Christopher S. Cohen | Shane L. Dettman

The District of Columbia Office of Planning (OP) on Sept. 4, 2020, filed a Set Down and Prehearing Report recommending that the Zoning Commission set down Z.C. Case No. 20-02 for a public hearing. Z.C. Case No. 20-02 proposes amendments to the Zoning Regulations to establish Expanded Inclusionary Zoning (Expanded IZ or IZ Plus) set-aside and mapping requirements.

Specifically, the proposed text amendments would:

  • Apply to a map amendment:
    • where the new zone permits a higher maximum residential floor-area-ratio (FAR) than the existing zone
    • from a Production, Distribution and Repair (PDR) zone to an R, RF, RA, MU, D, CG, NHR or ARTS zone, or
    • from unzoned to an R, RF, RA, MU, D, CG, NHR or ARTS zone
  • Not apply to a planned unit development (PUD) application with a related map amendment, or to map amendments to certain special purpose zones.
  • Increase the existing Inclusionary Zoning (Regular IZ) set-aside requirement relative to the increase in permitted residential FAR to create a new Expanded IZ set-aside requirement of up to 20 percent.
  • Provide an alternative set-aside requirement if all of the Inclusionary Units are reserved for households earning no more than 50 percent median family income (MFI) or if 50 percent of the Inclusionary Units have three or more bedrooms.

All other Regular IZ program requirements would remain the same and apply to Inclusionary Developments located in zones subject to the Expanded IZ set-aside requirement.

Expanded IZ would apply to the entire District as part of an application for a map amendment to a higher density zone. As currently proposed, the Expanded IZ set-aside requirement would be based on two sliding scales, one to be commensurate with the degree of density increased through the rezoning, and the other to account for changes in construction types based on height.

In addition to Expanded IZ, it is noteworthy that OP anticipates bringing forward additional text amendments to the Regular IZ program later this fall to provide additional opportunities for the creation of affordable housing. Such amendments could apply the Regular IZ requirements to certain zones that are currently exempt from the program, among other changes.

Conclusion

A public hearing on Z.C. Case No. 20-02 will be scheduled when the Zoning Commission sets down the text amendment application. Expanded IZ has the potential to influence many redevelopment decisions in the future. If you have any questions regarding the proposed Expanded IZ amendments or would like assistance preparing testimony, please contact a member of Holland & Knight's D.C. land use team.


Information contained in this alert is for the general education and knowledge of our readers. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem. Moreover, the laws of each jurisdiction are different and are constantly changing. If you have specific questions regarding a particular fact situation, we urge you to consult competent legal counsel.


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