The following articles are from the Commercial Broker Quarterly. GWCAR members receive this publication quarterly.
The following articles are from the Commercial Broker Quarterly. GWCAR members receive this publication quarterly.
D.C. ZONING UPDATE: 2001
by Jacques B. DePuy
and Lyle M. Blanchard, Greenstein DeLorme & Luchs, P.C., GWCAR General
Counsel
The five-member Zoning Commission for the District of Columbia, chaired by Carol J. Mitten, MAI, has had a busy 2001. With jurisdiction over text amendments, map amendments (commonly referred to as “rezonings”), Planned Unit Developments (PUDs), campus plans, air rights developments and electronic equipment facilities (EEFs)(known in the industry as “tech hotels” or “data centers”), the Commission has reviewed or received 50 new applications this year, processed 41 cases and issued 25 orders (as of November 1st). This article summarizes many of the significant actions that have been completed during 2001 or are currently in process.1
Significant Projects and Actions
1700-1730 K Street, N.W.
Consolidated Planned Unit Development and Lease of Air Rights at 1700-1730 K Street, N.W. [Case No. 01-07C; Notice of Public Hearing](See D.C. Register, August 24, 2001) The applicant in this case, the Charles E. Smith Company, proposes to develop a 12-story office building of approximately 370,000 sf GFA,2 with 17,000 sf GFA of retail space. The building will be constructed on the site of the Commerce Building (1700 K Street, N.W.) and the Riddell Building (1730 K Street, N.W.) and will face K Street and Farragut Square. The application seeks approval of the project by means of a “one-step” PUD and the use of public air space.3
Encouraging the Development of Downtown Housing
Downtown Development Overlay District Housing Amendments [Case No. 00-30TA(Part I), Order No. 943 (Revised), July 26, 2001](See D.C. Register, August 17, 2001) This text amendment (i) eliminates floor area ratio (FAR) limitations for projects that are devoted entirely to residential use or that provide housing and required retail or arts uses and (ii) reduces the amount of required “residential recreation space” in an apartment building to five percent (5%) of the gross floor area devoted to residential use. The elimination of the FAR4 limitations for high-rise apartment or condominium buildings will, in certain cases, allow a developer to add one or more floors to the building and, in most cases, will result in a greater number of units. The purpose of both amendments is to encourage the development of downtown housing. These new zoning rules only apply within the DD overlay area (i.e., downtown and NoMa5) and in certain zone districts.
Affordable Housing Development in Anacostia
Consolidated Planned Unit Development at Henson Ridge [Z.C. Case No. 00-38, Order No. 942, July 16, 2001](See D.C. Register, August 10, 2001) The applicant in this case, the D.C. Housing Authority and Mid-City Urban, LLC, proposes to develop two former housing projects in Anacostia as 600 units of market rate and affordable housing on a 50 acre site. The development site is located north of Camp Simms in the Congress Heights area of Southeast Washington. The applicant was granted flexibility by the Commission on FAR, lot occupancy, side and rear yard requirements given the unique topography of the site. The applicant obtained approval of the project by means of a “one-step” PUD.
Electronic Equipment Facilities
Electronic Equipment Facilities; Text Amendment [Case No. 00-28TA, Order No. 929C, Notice of Proposed Rulemaking](See D.C. Register, July 20, 2001) This notice of proposed rulemaking defines facilities that are known in the industry as “telecommunications switching centers,” “server farms,” “co-location facilities,” “data centers,” and “tech hotels” and regulates their sizes and locations. Specifically, it allows EEFs in certain zone districts as a matter of right and requires such facilities to obtain special exception approval in other zones. It also establishes parking and loading requirements for EEFs.6
Map Amendment at Rhode Island Avenue
Map Amendment at Rhode Island Avenue -- K-mart [Z.C. Case No. 00-25M; Order No. 936](See D.C. Register, February 23, 2001) This Zoning Commission order rezoned a portion of a 22 acre parcel located in the Brentwood area to facilitate the development of a retail shopping center. This center will include a Kmart, Giant supermarket and Home Depot. The applicant in this case, the Graymark-Walker Urban Land Development, LLC, proposed to amend the Zoning Map in two respects: (a) to map a 1.73 acre portion of the tract which was unzoned Federal land as M (“General Industry”), and (b) to rezone a 13.5 acre portion of the site from R-5-A to C-M-1 (“Commercial - Light Manufacturing”). The applicant was the contract purchaser of the property and was assembling the property at the time the rezoning application was under consideration by the Zoning Commission.
Capitol Hill Commercial Overlay District
Capitol Hill Commercial Overlay District [Z.C. Case No. 00-41P; Notice of Filing](See D.C. Register, January 19, 2001) The applicants in this case, the Capitol Hill Restoration Society and the Capitol Hill Association of Merchants and Professionals (CHAMPS), propose to establish a new overlay zone along the principal commercial
corridors in the Capitol Hill area (i.e., Pennsylvania and Massachusetts Avenues and 7th and 8th Streets). The overlay zone would apply to properties in the C-2-A zone district, which currently provides a 2.5 FAR (1.5 for commercial and 1.0 for residential use). The proposed overlay zone would increase the permitted FAR to 3.0 and would allow the entirety of such FAR to be devoted to residential, commercial or mixed-use as a matter of right. The overlay zone proposal will implement zoning changes recommended in the District’s Comprehensive Plan.7
About the Authors
Jacques B. DePuy concentrates his law practice on land use and development in the District of Columbia, particularly including zoning and historic preservation matters. He represents developers and owners of commercial and multi-family residential properties, associations, private schools, nonprofit organizations and others. Mr. DePuy is a principal at Greenstein, DeLorme & Luchs, P.C.
Lyle M. Blanchard is an attorney who focuses his practice on land use and development matters. Prior to joining Greenstein, DeLorme & Luchs, he worked as Legislative Director of the Finance and Revenue and Judiciary Committees of the D.C. Council and as Legislative Advisor at DCRA. Mr. Blanchard is an associate attorney with the firm.
Notes
1. Because of space limitations, no attempt has been made to summarize all actions taken by the Commission in 2001. Please note that many of the cases listed above
have been completed but some matters were still in process as of November 1st. For more information about recent actions of the Commission and its schedule, see www.dcoz.dcgov.org. For a discussion of Buzzard Point zoning proposals, see the Spring, 2001 issue of Commercial Broker Quarterly.
2. GFA (Gross Floor Area) is the sum of the areas of all floors (other than “cellars”) of all buildings on a lot measured from the exterior faces of all exterior walls.
3. A public hearing was held on this application and an order is expected soon.
4. FAR (Floor Area Ratio) is a measurement of bulk that can be constructed on a lot expressed in terms of the ratio of GFA to lot area.
5. NoMa (North of Massachusetts Avenue, N.W.) is an area generally bounded by Massachusetts Avenue on the south, Mount Vernon Square on the west, New York Avenue on the north, and the railroad tracks extending north of Union Station on the east.
6. The final order was published in the D.C. Register on October 26, 2001.
7. The Zoning Commission voted in September 2001 to “set down” the case for a public hearing before the Commission in the next few months.
