More Intensive Use Allowed Under 'Flexibility Of Design' Zoning Reg

Thursday, August 30, 2018 8:02 am
September 2018 - Volume 46 Number 9

A historic landmark designation made between the two stages of a planned unit development application process had no effect because the zoning commission had already considered the historic-designation-related issues.

Facts: In 2013, the Zoning Commission for the District of Columbia (Commission) approved a planned unit development (PUD) on 22 acres of the Southwest Waterfront. The petitioners in this case challenged the decision to rezone just one parcel. The petitioners live in historic Tiber Island, a large townhome cooperative across the street from a parcel that the developer planned to transform from a single church building into a new church building and a 109-unit residential development.

The PUD application was submitted as part of a two-stage process. In the first stage, the Commission determined the project’s appropriate zoning classification and conditions for the developer to follow during the second stage. In the second stage, the Commission would approve the application if it complied with the intent and purpose of the zoning regulations, the PUD process, and the first-stage approval. The pa[..]