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Most development and construction in the District of Columbia is accomplished as "by-right" or “matter-of-right.” Such development projects comply with all the standards of the zoning regulations. This regular permitting process is managed by the Department of Consumer and Regulatory Affairs (DCRA) without formal public input on design or use.

A Planned Unit Development (PUD) is a planning tool intended to achieve developments and public benefits that are superior to those that would result from matter-of-right projects. A PUD involves extensive review by public bodies and neighborhood residents and is a process involving the DC Office of Zoning (DCOZ).

 

Through the PUD process, a developer may be permitted greater flexibility in matters such as site plan, building height or density in return for providing qualities or benefits such as superior architecture, more rational and environmentally sound land use, improved public space or facilities, contributions to neighborhood-serving institutions or the provision of affordable housing.  Although PUDs allow for greater flexibility, they are not permitted to circumvent the intent and purposes of the Zoning Regulations, nor may they be inconsistent with the Comprehensive Plan.

 

The District’s Zoning Commission may approve a PUD only if it finds that the project will not cause adverse impacts on the neighboring area due to traffic, noise, etc., and will provide public benefits and amenities that are greater than the flexibility (generally increased density) requested. District agencies such as the D.C. Public Schools, the District Department of Transportation and DCWASA review each PUD application and indicate whether it will cause any problems.

 

When a project is designated a PUD, the Zoning Commission usually mandates development standards and other requirements tailored to the specific project. If a PUD includes a zoning change, that zoning change applies only to the approved project. If the project is not built, or is someday demolished, the zoning reverts to what it was before the project was approved.

A generalized description of the PUD process follows, and the complete PUD regulations (11 DCMR, Chapter 24) can be found on the DCOZ website.

General Information - Planned Unit Development

Purpose
The planned unit development (PUD) process is a rezoning action that requires public hearing and approval by the Zoning Commission. The overall goal is to encourage high quality developments; permit flexibility of development and other incentives, such as increased building height and density; provided, that the project offers a commendable number or quality of public benefits, and that it protects and advances the public health, safety, welfare and convenience.

Types of PUD Applications
The PUD Process may be either a one-stage or a two-stage process. The two parts of a two-stage PUD are:

• First stage: general review of the site’s suitability, the appropriateness, character, scale, mixture of uses and design of the uses proposed, and the compatibility of the proposed development with the city-wide, ward, and area plans, and the other goals of the PUD process; and
• Second stage: detailed site plan review to determine compliance with the intent and purposes of the PUD process, the first stage approval, and zoning regulations.

An applicant may file a single application for consolidated review of both Phase I and II of a PUD into one proceeding. A PUD must not be inconsistent with the Comprehensive Plan and with other adopted public policies and active programs related to the subject site.

PUD Evaluation
In deciding a PUD application, the Zoning Commission shall balance 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.

Public Benefits and Amenities from a PUD
Public Benefits are superior features of a proposed planned unit development 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 zoning. A project amenity is one type of public benefit, specifically a functional or aesthetic feature of the proposed development, which adds to the attractiveness, convenience or comfort of the project for occupants and immediate neighbors.

 

Public benefits and project amenities of the proposed PUD may be in any of the following, or additional, categories:

• Urban design, architecture, landscaping, or creation or preservation of open spaces;
• Site planning, and efficient and economical land utilization;
• Effective and safe vehicular and pedestrian access, transportation management measures, connections to public transit service and other measures to mitigate adverse traffic impacts;
• Historic preservation of private or public structure, places or parks;
• Employment and training opportunities;
• Housing and affordable housing;
• Social services/facilities;
• Environmental benefits, such as storm water runoff controls and preservation of open space;
• Uses of special value to the neighborhood or the District of Columbia as a whole;
• 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.

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(s) shall be located within one-quarter mile of the PUD site, or within the boundaries of the ANC that includes the PUD site.

Time Frame
A PUD is officially filed with DCOZ. DCOZ refers the application to the DC Office of Planning (OP), and OP evaluates the PUD application against the above standards e.g. the Comprehensive Plan. OP reports to the Zoning Commission whether the PUD application complies with the general intent, purposed of the PUD regulations, and recommends whether to set a public hearing.

 

This is called a setdown report and it is usually prepared within two to three months of the PUD application being filed. If the Zoning commission decides to hold a public hearing, it is scheduled by the DCOZ no sooner than forty days from the setdown meeting. Notice is officially given of the public hearing by the DCOZ to:

• Owners of all property within two-hundred feet of the property included in the application;
• Each person having a lease with the owner for all or part of any building located on the property involved in the application; and
• The ANC for the area in which the property is located, or for any other ANC which is within two-hundred feet of the property involved in the application.

The property is also posted with public notices and the hearing is advertised in the DC Register. A PUD can take anywhere from four months to over a year depending on its complexity, size, and the issues involved.

This article was prepared by the DC Office of Planning and amended by ANC 1B and CSNA.