CBQ >> Spring 2001 Issue
Buzzard's Point Zoning Revisited by City
by Cynthia Giordano and Nate Gross, Arnold & Porter
After over a decade of planning efforts and the initiation of a series of zoning changes for the area, the Zoning Commission appears poised to revisit and complete the process of a major rezoning of the Buzzard's Point/Capitol Gateway area.
A rezoning was dictated by the Comprehensive Plan which designated the Buzzard's Point/Capitol Gateway Area as a Development Opportunity Area. The area is characterized by large amounts of vacant and underutilized land available for development, with very good accessibility by public transportation and a major street network.
The Comprehensive Plan's land use designation for the area calls for mixed use, including residential development. Two detailed plans for the area in the late 1980s - one funded by the government and the other by a consortium of property owners - reinforced the desirability of residential development as well as a step-down in height and bulk along the waterfront and a continuous public open space area along the river, including a bikeway and walking trail.
In 1996, the Zoning Commission held several public hearings on a comprehensive rezoning package for the area. The package included rezonings from the existing industrial zone classifications [C-M2 (denoting a floor area ratio (FAR) of 4 and a height requirement of 60 feet) and M (FAR of 6 and a height requirement of 90 feet)] which cover much of the area to medium-high density mixed-use [CR (FAR of 6-7 and a height requirement of 90-130 feet)] and waterfront zones [W-2 (FAR of 4 and a height requirement of 60 feet)].
In addition, the Commission considered a new overlay zone (called Buzzard Point-Capitol Gateway zone, "BP") specifically designed to achieve key planning objectives for the area. These objectives were identified through small area plans developed by the City as well as planning initiatives undertaken by interested private groups, including area landowners.
The key planning objectives established for the area include the following:
Although lengthy public hearings on the proposed zoning amendments were held, the Zoning Commission never took formal action to adopt the rezoning, in part because of wanting further resolution of detailed setback issues along the waterfront. When the real estate market went into recession citywide in the 1990s, the sense of urgency to rezone the Buzzard’s Point area essentially disappeared.
Now, new development activity along the M Street corridor has rekindled interest. This interest derives partly from new office buildings for consultants to NAVSEA, recently relocated NAVSEA to the Navy Yard, as well as proposals for hotel and apartment development generally north of the Navy Yard.
Another motivating factor is that the city in the past few years has experienced a strong market for development of new apartment houses, making mixed-use development in Buzzard’s Point/Capitol Gateway more feasible than it was previously. Moreover, the increased planning initiatives by the Federal Government for the Southeast Federal Center and improvements to buildings and public amenities at the Navy Yard have reinforced the new interest in this part of the city.
Thus, upon the recommendation of the Office of Planning, the Zoning Commission has reactivated the zoning case for the area. The Commission has authorized an additional public hearing on the zoning case tentatively scheduled for July 26, 2001. The zoning map amendments advertised in the case are the same as in the previous case, together with the proposed BP overlay zone.
The map amendments call for W-2 zoning along the waterfront and C-R zoning in the remainder of the area. The proposed BP overlay would have the effect of modifying these underlying zones by requiring a 50-foot setback for public open space along the waterfront; providing bonus density for residential development; creating an extra setback and ground floor retail requirements for buildings along M Street near the Navy Yard Metrorail station; and allowing a flexible phase-out period for existing industrial uses. Properties in the proposed W-2 zone along the waterfront would be required to submit their plans and proposed uses to the Board of Zoning Adjustment for public hearing and approval, based on consistency with the planning goals of the area.
Finally, it should be noted that new planning initiatives are now being undertaken by the Office of Planning as part of a comprehensive effort to revitalize the Anacostia Riverfront on both the east and west banks, from the Southwest waterfront and Poplar Point to the Maryland boundary.
A team of nationally renowned consultants have been retained to do a one-year analysis with proposals. Arnold & Porter's planning and zoning specialist, Nate Gross, is part of the consulting team and has advised the Office of Planning regarding the previous and upcoming Buzzard’s Point zoning case and overlay zone. The Buzzard’s Point-Capitol Gateway area is part of this large planning initiative, so that there may be refinements or additions to the Buzzard’s Point zoning in one or two years.
About the Authors
Nathan W. Gross, AICP, is the Head of Zoning and Land Use Servcies for the Real Estate practice at Arnold & Porter. Prior to joining the firm, Mr. Gross, who is a city planner, served as Chief of Comprehnsive Plan Implementation for the District of Columbia Office of Planning. In that capacity, Mr. Gross was responsible for all governnment-initiated area rezonings and text amendments, in addition to carrying out the statutory mandated in the Home Rule Act of rezoning the city in accord with the Comprehensive Plan. At Arnold & Porter he has advised and represented clients in a wide variety of zoning and historic preservation matters.
Mr. Gross has a Masters Degree in City and Regional Planning from Harvard University and a M.A. in political science from Michigan State University.
Cynthia Giordano is an attorney in the real estate practice group of Arnold & Porter, specializing in zoning, land use and historic preservation law in the District of Columbia. She represents a broad range of real estate players including developers, associations, nonprofit organizations, universities, retailers and other commercial users.
