October 2006
The Zoning Commission plans to hold October hearings on where inclusionary zoning would apply, based on a map proposed by D.C. Office of Planning. To better organize the hearings and to separate out the more complicated areas, the Zoning Commission decided to hold two separate rounds of public hearings. The first hearing, on October 5th, will be on the mapped areas that are not in historic districts and the second, on October 19th, for historic areas. The approximately 40 historic districts represent between one-third and one-half of the areas where inclusionary zoning would apply.
October 5th – 7:00 p.m. (non-historic areas)
October 19th – 7:00 p.m. (historic areas)
Both will be held at One Judiciary Square, 441 4th St, NW, Suite 220-South.
Regulations for the administration of inclusionary zoning are currently being developed by the D.C. Office of Planning, the Department of Housing and Community Development, and the D.C. Housing Authority.
What you can do:
Testify as an individual District resident or on behalf of your organization at one of the two Zoning Commission hearings. It’s very important that we show members of the Zoning Commission that there is broad support for affordable housing in neighborhoods across the city.
Click here for information on how to sign up to testify, as well as key talking points to include in your testimony.
If you plan to submit testimony or testify in person, please contact:
Stephen Wade
Tel. (202) 244-1105
e-mail: swade@washingtonregion.net
website: www.DCIZ.org
City Council
The City Council’s Committee of the Whole will hold public hearings on the Comprehensive Plan (B16-876), which explicity supports inclusionary zoning, and on the bill to administer inclusionary zoning (B16-0779).
October 10, 2:00 p.m. Bill 16-0779 “Inclusionary Zoning Implementation Act of 2006”
Both will be held at Room 500, Wilson Building, 1350 Pennsylvania Avenue NW.
Sign up to testify for both hearings by contacting Aretha Latta at alatta@dccouncil.us or (202) 724-8196.
Regulations for the administration of inclusionary zoning are currently being developed by the D.C. Office of Planning and the D.C. Housing Authority.
IZ regulations have changed from when they were first introduced to the Zoning Commission, but they will essentially require that development projects of 10 residential units or more will have to provide 8%-10% of the units for households earning below 50% and 80% of the Area Median Income ($31,000 to $72,000 depending on family size). In exchange, the development may be up to 20% larger and receive some zoning flexibility. The income levels and the percent of affordable housing required will vary with the building type.
Prior to Zoning Commission hearings, the Office of Planning (OP) held information sessions to review the IZ program approved by the Zoning Commission; they presented the initial recommendations of OP’s analysis on where IZ regulations should apply, and received feed back from the ANC members.
Three dates were chosen for meetings:
September 13 The Oyster School, 2801 Calvert Street, NW
September 14 Catholic University, Pryzbyla University Ctr, 620, Michigan Ave, NE
September 19 Marshall Heights Community Development Org., 3939 Benning Rd, NE
The discussions were intended primarily for Advisory Neighborhood Commissioners, but the general public was free to attend.
If you have questions, please contact the DC Office of Planning at (202)442-7600.
August 2006
At the July 10th Zoning Commission hearing, the D.C. Office of Planning presented a proposal of where Inclusionary Zoning could apply throughout the city. To achieve the Office of Planning's stated goals of equity, simplicity, and effectiveness, inclusionary zoning would apply to most parts of the city except a number of zoning categories that are either low density residential or high density zones that cannot offer additional density. These areas include: single family home neighborhoods, the Downtown Development District (DDD), centrally-located Transferable Development Rights (TDR) Receiving Zones, a special high rise housing zone that cannot allow added density (R-5-E), and a few smaller zones.
To better organize the hearings and to separate out the more complicated areas, the Zoning Commission decided to hold two separate rounds of public hearings, one on the mapped areas that are not in historic areas and the other for historic areas. The approximately 40 historic districts represent between one-third and one-half of the areas where Inclusionary Zoning would apply.
A Final Rulemaking on the parameters of the program has been published in the D.C. Register. Click here: http://dcoz.dc.gov/alternate/trans/trans_view.asp?view=%2Forders%2F04%2D33%2Epdf) for the full text and a report on the Commission’s decision making process. A summary of the ruling follows:
D.C. Mandatory Inclusionary Zoning
As ruled by the Zoning Commission on May 18, 2006:
Project Threshold Size |
Over 10 units of new construction. |
Properties Covered |
D.C. Office of Planning proposed covering all parts of the city but low density residential areas, the Downtown Development District and a small number of other special districts.
An existing development will trigger the requirements when an addition increases its size by 50 percent or more.
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Affordable set asides |
High rise: the greater of 8% of matter-of-right gross floor area or 50% of achievable bonus density
Low rise: the greater of 10% of matter-of-right gross floor area or 75% achievable bonus density
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Density bonus |
20%
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Eligible Incomes |
High rise: all at 80% AMI Low rise: half at 50% / 80% AMI
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Development Standards |
Affordable units must not be concentrated; all units must have the same exterior finishes; interior finishes may be have less costly features (i.e. standard countertop rather than granite) for affordable units and size may be smaller than market rate units in order to provide more units.
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Control Period |
99 years for both rental and ownership
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Relief |
Partial or full relief from the requirements could be granted through a Planned Unit Development, but that the “number and quality of commendable public benefits” proffered would clearly have to exceed those that would ordinarily suffice to gain PUD approval.
The Board of Zoning Appeals can reduce the set-aside, down to the minimums required, in direct proportion to any reduction in the achievable bonus density caused by limiting site conditions.
Economic hardship must be demonstrated to the BZA to receive off-site compliance.
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Public Purchase Option |
25% by the Mayor or D.C. Housing Authority
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You can view the DCOP Mapping Overlay report, including the proposed map for IZ here: (insert link to: http://www.washingtonregion.net/programs/pdf/FinalSetdownFiling06-30.pdf)
Campaign for Mandatory Inclusionary Zoning
Tel. 202-244-1105
E-mail: swade@washingtonregion.net
May 2006
Supporters of Mandatory Inclusionary Zoning in DC were asked to submit comments on the Zoning Commission’s proposed ruling. Click here: http://www.washingtonregion.net/programs/pdf/CMIZ_ZC_rule_FNLcom4-21-06.pdf) to read CMIZ’s comments.
On May 18, the D.C. Zoning Commission settled on the final details for an Inclusionary Zoning policy for the city -- requiring that a certain portion of new private residential developments set aside housing units affordable to moderate and low income households. Many of the CMIZ recommendations were incorporated into the Zoning Commission's decision. Some of the requirements include 99-year affordability control periods for homeownership and rental units, allowing rentals in condo buildings subject to condo rules owned by D.C. Housing Authority or non-profits as part of a 25 percent first right to purchase set aside, and the ability to build inclusionary units with the number of bedrooms, but smaller in terms of square footage, thereby possibly creating more units. How Inclusionary Zoning applies to Planned Unit Developments (PUD) will be decided in the mapping phase. The Area Median Income (AMI) target for high-rise developments remained at 80 percent despite CMIZ efforts to bring it on par with low-rise buildings which splits income targeting between 80 percent and 50 percent AMI.
March 2006
On March 10, 2006, the Zoning Commission (ZC) issued an historic ruling that is the first step in creating a Mandatory Inclusionary Zoning program in the District of Columbia.
Click here to find a summary of the Zoning Commission's Notice of Proposed Rulemaking, including the additional changes the Campaign for Mandatory Inclusionary Zoning would like to see in the final policy.
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