D.C. Mun. Regs. tit. 10-A, § 2502
2502.1 The development review process provides one of the most effective means of carrying out Comprehensive Plan policies. Projects requiring review by the Office of Planning or Zoning staff, the Board of Zoning Adjustment, and the Zoning Commission may be tied to findings of consistency with the Comprehensive Plan, or at least to evaluations that consider relevant Comprehensive Plan policies. Reviews by other agencies of development proposals also provides a means of evaluating the impacts of major projects on public services and the natural environment, consistency with policies related to achieving resilience and equity, including racial equity, and assessing the compatibility of proposed design with adjacent uses and neighborhood character. The latter assessment is particularly important in historic districts, where review by the Historic Preservation Review Board (HPRB) also may be required. In their areas of expertise, the views and recommendations of District agencies should be carefully considered, and, where called for by law or regulation, given great weight. As specified in DC code, the issues and concerns of ANCs should also be given great weight by the appropriate decision-making bodies.
2502.2 Not all projects are subject to review prior to filing an application for a building permit. Much of Washington, DC’s development is permitted as a matter-of-right under existing zoning, affording few opportunities for OP to review it for Comprehensive Plan consistency. In the future, increased scrutiny of matter-of-right projects will be needed, particularly with respect to urban design, environmental impacts, racial equity, and affordability. This could be included through adjustments to the thresholds for projects requiring Large Tract Review, implementation of a Site Plan Review process, changes to the District’s Environmental Impact Screening Forms, and additional standards to ensure that new development addresses broader civic issues, including the District’s commitments to housing and affordable housing, equity, and resilience, as well as open space, the transportation network, arts and culture, parking, infrastructure, the natural environment, public service needs, and affordability.
2502.3 A variety of tools, which could include regulatory measures, incentives, or more efficient processes, should be explored and implemented to attract and encourage developers and property owners to provide development consistent with Comprehensive Plan goals that offer benefits to address District-wide and neighborhood needs. Recent zoning regulation proposals to expand inclusionary zoning - IZ Plus – are an example of carefully crafted regulations that expand applicability while offering incentives to provide more affordable housing. As public policy choices expand development potential, the benefits of development should be widely shared. At the same time, these tools should reflect the interest in keeping the District an attractive, competitive location for development and to conduct business.
2502.4 Planned Unit Developments (PUDs) were originally conceived as a way to develop large tracts of land more creatively than was allowed by matter-of-right zoning. Creative design has been further incentivized through the granting of additional building height and density by the Zoning Commission in exchange for public benefits, such as affordable housing and open space. The zoning regulations establish minimum lot area standards for PUDs, ranging from two acres in low- and moderate-density residential districts to 10,000 square feet in high-density and mixed-use zoning districts, with provisions for a smaller area under certain circumstances. Public benefits are generally provided on-site but may sometimes be provided in the surrounding area, subject to specific provisions set forth by zoning.
2502.5 While the PUD process allows for significant public input, and often results in superior design, benefits, and amenities, concerns are sometimes expressed about the location and extent of the benefit and amenities, the level of additional density that may be granted, and a perceived lack of predictability. Evaluation of the PUD thresholds, standards, and waiver conditions were considered as part of the review and update to the zoning regulations in 2016.
2502.6 Policy IM-1.1.1: Development Impacts To the greatest extent feasible, use the development review process to ensure that potential positive impacts are maximized and potential negative impacts on neighborhoods, the transportation network, parking, environmental quality, and other issues, including construction impacts, are assessed and adequately mitigated, consistent with the guidance in the Comprehensive Plan and applicable requirements.
2502.7 Policy IM-1.1.2: Review of Development in Surrounding Communities Increase the District's participation in the review of development projects located in neighboring jurisdictions along the District's boundaries to promote land use compatibility, improve access to services and amenities, promote coordinated transportation systems, and more effectively address transportation and parking issues.
2502.8 Policy IM-1.1.3: Relating Development to Infrastructure Capacity Align development with infrastructure capacity, with the intent of not exceeding capacity. Land use decisions should balance the need to accommodate growth and development with available transportation capacity, including transit, and other travel modes and the availability of water, sewer, drainage, solid waste, and other public services.
2502.9 Policy IM-1.1.4: Incentives for Achieving Goals and Policies Use zoning incentives, such as increased height and density, in appropriate locations to achieve Comprehensive Plan goals and policies, including advancing
equitable development and meaningful racial equity outcomes and increased housing and affordable housing supply. A variety of tools, which could include regulatory measures, incentives, or more efficient processes, should be explored and implemented as appropriate to encourage development consistent with Comprehensive Plan goals that offer benefits to address District-wide and neighborhood needs. These could include flexibility with zoning requirements, entitlement and regulatory relief, permissive design review, reduction of parking requirements, expedited entitlement review, waivers of various fees, and other financing tools.
2502.10 Policy IM-1.1.5: Development Approvals and the Comprehensive Plan Consider the goals and policies of the District and Citywide Elements, where applicable, in the approval of PUDs, variances, campus plans, special exceptions large tract reviews, and other projects requiring review.
2502.11 Policy IM-1.1.6: Studies Informing Zoning Case Approvals To the extent the following factors are relevant for consideration, ensure that zoning case reviews on matters such as PUDs are informed by: (1) transportation and infrastructure studies and recommended conditions of approval to mitigate potential impacts; (2) agreements for financing any necessary improvements, including public and private responsibilities; (3) agreements to comply with District employment and hiring requirements and other regulations that provide public benefits to District residents; and (4) racial equity reviews, as identified in Action IM-1..B.
2502.12 Policy IM-1.1.7: Housing as a PUD Amenity Consider the provision of on-site housing for low-income households, older adults, persons with disabilities, and larger family-sized units to serve growing and multigenerational families as an important, high-priority amenity in PUDs, particularly in areas of high land value, where the provision of affordable housing is otherwise difficult to achieve. In areas where affordable housing goals are achieved, PUD amenities may focus on other identified community needs, such as access to employment, education, health services, and other services and amenities.
2502.13 Policy IM-1.1.8: Location of PUD Amenities A substantial part of the amenities proposed in PUDs shall accrue to the community in which the PUD could have an impact.
2502.14 Policy IM-1.1.9: Monitor Development Requirements, Benefits, Amenities, and Other Commitments Monitor and ensure commitments made through the development review process are implemented, including development requirements, benefits, amenities, or actions offered for incentives.
SOURCE: District of Columbia Comprehensive Plan Act of 1984, effective April 10, 1984 (D.C. Law 5-76; 31 DCR 1049 (March 9, 1984)); as amended by District of Columbia Comprehensive Plan Act of 1984 Land Use Element Amendment Act of 1984, effective March 16, 1985 (D.C. Law 5-187; 32 DCR 873 (February 15, 1985)); as amended by District of Columbia Comprehensive Plan Amendments Act of 1989, effective May 23, 1990 (D.C. Law 8-129; 37 DCR 55 (January 5, 1990)); as amended by District of Columbia Comprehensive Plan Amendments Act of 1989 NCPC-Recommended Amendments, and Closing of Public Alleys in Square 669, S.O. 88-452, Act of 1990, effective May 23, 1990 (D.C. Law 8-132; 37 DCR 2213 (April 6, 1990)); as amended by District Government Land Use Temporary Amendment Act of 1994, effective October 1, 1994 (D.C. Law 10-190; 41 DCR 5360 (August 12, 1994)); as amended by Comprehensive Plan Amendments Act of 1994, effective October 6, 1994 (D.C. Law 10-193; 41 DCR 5536 (August 19, 1994)); as amended by District of Columbia Comprehensive Plan Act of 1984 Land Use Amendment Act of 1994, effective March 21, 1995 (D.C. Law 10-235; 42 DCR 30 (January 6, 1995)); as amended by Technical Amendments Act of 1996 effective April 18, 1996 (D.C. Law 11-110; 43 DCR 530 (February 9, 1996)); as amended by Second Technical Amendments Act of 1996 effective April 9, 1997 (D.C. Law 11-255; 44 DCR 1271 (March 7, 1997)); as amended by Comprehensive Plan Amendment Act of 1998, effective April 27, 1999 (D.C. Law 12-275; 46 DCR 1441 (February 19, 1999)); as amended by Technical Amendments Act of 1999, effective April 12, 2000 (D.C. Law 13-91; 47 DCR 520 (January 28, 2000)); as amended by Comprehensive Plan Amendment Act of 2006, effective March 8, 2007 (D.C. Law 16-300; 54 DCR 924 (February 2, 2007)); as amended by Technical Amendments Act of 2008, effective March 25, 2009 (D.C. Law 17-353; 56 DCR 1117 (February 6, 2009)); as amended by Comprehensive Plan Amendment Act of 2010, effective April 8, 2011 (D.C. Law 18-361; 58 DCR 908 (February 4, 2011)); as amended by Comprehensive Plan Amendment Act of 2021, effective August 21, 2021 (D.C. Law 24-20; 68 DCR 006918 (July 16, 2021)).