During the District of Columbia Zoning Commission's June 8, 2020, public meeting, the Office of Planning indicated that it would host a virtual roundtable at 4 p.m. on June 24, 2020, regarding the Expanded Inclusionary Zoning proposal (also known as Expanded IZ and IZ Plus).

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 an associated 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.

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

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