Roundtable on Proposed Expanded Inclusionary Zoning Rescheduled

The District of Columbia Office of Planning has rescheduled its virtual roundtable regarding the Expanded Inclusionary Zoning proposal (also known as Expanded IZ and IZ Plus) to 4 p.m. on July 15, 2020. Attached to this alert are the Office of Planning's setdown report and the Notice of Virtual Roundtable on the Expanded IZ concept.

The proposed Expanded IZ provisions would:

• apply to applications for a Zoning Map Amendment when the proposed new zone would permit higher density residential development, or when the proposed new zone would permit residential use where the current zone does not permit residential use.
• not apply to nonresidential development developed pursuant to a Zoning Map Amendment, and would not apply to requests for a Planned Unit Development (PUD), including PUDs with a related Zoning Map Amendment.
• require a 10 percent to 20 percent set-aside based on a "sliding scale" that factors the increase of residential floor area (FAR) resulting from the property being rezoned to a new zone.
• automatically apply a 20 percent set-aside requirement for a property rezoned from a Production, Distribution and Repair (PDR) zone to a zone that permits residential use.

The Office of Planning indicated that it anticipates submitting a full draft of the proposed Expanded IZ regulations to the Zoning Commission by September 2020 so that the Zoning Commission can have a public hearing on the proposed regulations before the end of 2020.

Holland & Knight intends to participate in the roundtable and to submit comments. If you have any questions regarding the Expanded IZ proposal, or would like assistance preparing comments, please contact the authors or a member of Holland & Knight's Mid-Atlantic Land Use Team.

Information contained in this alert is for the general education and knowledge of our readers. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem. Moreover, the laws of each jurisdiction are different and are constantly changing. If you have specific questions regarding a particular fact situation, we urge you to consult competent legal counsel.