2403 PUD EVALUATION STANDARDS

2403.1 The Commission will evaluate and approve, disapprove, or modify a PUD application according to the standards in this section.2403.2 The applicant shall have the burden of proof to justify the granting of the application according to these standards.2403.3 The impact of the project on the surrounding area and the operation of city services and facilities shall not be found to be unacceptable, but shall instead be found to be either favorable, capable of being mitigated, or acceptable given the quality of public benefits in the project.2403.4 The Commission shall find that the proposed PUD is not inconsistent with the Comprehensive Plan and with other adopted public policies and active programs related to the subject site.2403.5 In the context of the Comprehensive Plan, the Commission shall also evaluate the specific public benefits and project amenities of the proposed development, which features may in some instances overlap.2403.6 Public benefits are superior features of a proposed PUD that benefit the surrounding neighborhood or the public in general to a significantly greater extent than would likely result from development of the site under the matter-of-right provisions of this title.2403.7 A project amenity is one type of public benefit, specifically a functional or aesthetic feature of the proposed development that adds to the attractiveness, convenience, or comfort of the project for occupants and immediate neighbors.2403.8 In deciding a PUD application, the Commission shall judge, balance, and reconcile the relative value of the project amenities and public benefits offered, the degree of development incentives requested, and any potential adverse effects according to the specific circumstances of the case.2403.9 Public benefits and project amenities of the proposed PUD may be exhibited and documented in any of the following or additional categories:- (a) Urban design, architecture, landscaping, or creation or preservation of open spaces;

- (b) Site planning, and efficient and economical land utilization;

- (c) Effective and safe vehicular and pedestrian access, transportation management measures, connections to public transit service, and other measures to mitigate adverse traffic impacts;

- (d) Historic preservation of private or public structures, places, or parks;

- (e) Employment and training opportunities;

- (f) Housing and affordable housing;

- (g) Social services/facilities;

- (h) Environmental benefits, such as:

- (1) Storm water runoff controls in excess of those required by Stormwater Management Regulations;

(2) Use of natural design techniques that store, infiltrate, evaporate, treat, and detain runoff in close proximity to where the runoff is generated; and

(3) Preservation of open space or trees;

(i) Uses of special value to the neighborhood or the District of Columbia as a whole; and

(j) Other public benefits and project amenities and other ways in which the proposed PUD substantially advances the major themes and other policies and objectives of any of the elements of the Comprehensive Plan.

2403.10 A project may qualify for approval by being particularly strong in only one or a few of the categories in §2403.9, but must be acceptable in all proffered categories and superior in many.

2403.11 To assist the Commission in applying the evaluation standards of this section, the applicant shall prepare and submit to the record of the case an annotated table that shows:

(a) The extent to which the proposed development would comply with the standards and requirements that would apply to a matter-of-right development under the zone district classification of the site at the time the application is filed;

(b) The specific relief that the applicant requests from the matter-of-right standards and requirements; and

(c) If the applicant requests a map amendment, the extent of compliance with, and the requested relief from, the matter-of-right standards and requirements of development under conventional zoning.

2403.12 The annotated table required by § 2403.11 shall also show how the public benefits offered are superior in quality and quantity to typical development of the type proposed and the duration of the operational or grant programs.

2403.13 Public benefits other than affordable housing, such as public facilities or public open space, may be located off-site; provided, that:

(a) There is a clear public policy relationship between the PUD proposal and the off-site benefit; and

(b) The off-site benefit shall be located within one-quarter mile of the PUD site or within the boundaries of the Advisory Neighborhood Commission for the area that includes the PUD site.

2403.14 If the off-site public benefit is housing, it shall be provided according to the requirements of § 2404.

SOURCE: Final Rulemaking published at 42 DCR 6613, 6616 (December 1, 1995), effective December 8, 1995; as amended by Final Rulemaking published at 45 DCR 695, 701 (February 6, 1998); and Final Rulemaking published at 47 DCR 9741-43 (December 8, 2000), incorporating by reference the text of Proposed Rulemaking published at 47 DCR 8335, 8514-15, 8524 (October 20, 2000), Final Rulemaking published at 53 DCR 856 (February 10, 2006).