ADVISORY NEIGHBORHOOD COMMISSION 4D RESOLUTION

PROPOSING CHANGES FOR EFFECTIVE ANC INPUT ON ZONING ISSUES

AND EXPANDED AFFORDABLE HOUSING FOR LOW INCOME RESI DENTS

 

 

I.                   PROCEDURAL CHANGES TO AFFORD ANCs GREATER NOTICE

 

WHEREAS, the District of Columbia Zoning Commission (“ZC”) and Board of Zoning Adjustment (“BZA”) conduct contested case and rule making hearings on zoning matters about which the Office of Planning and other District agencies are authorized and, in some cases, required to provide written impact assessments and reports; and

 

WHEREAS, Office of Planning and other District agency reports on zoning matters are currently required to be submitted seven (7) to ten (10) days prior to the zoning hearings; and

 

WHEREAS, the District’s Advisory Neighborhood Commissions are automatic parties to zoning matters which affect their areas of jurisdiction and are authorized to evaluate the benefits, impacts, and burdens on their constituencies; and

 

WHEREAS, the ANCs should be able to consider the written impact assessments and reports of the Office of Planning and other District agencies as part of the ANC evaluation and great weight decision; however, in most cases, the agencies’ reports and assessments are not timely provided for use in ANC decision making; and

 

WHEREAS, in contested cases, BZA issues oral decisions which allow contested actions to proceed but engages in extensive delays in issuing final written decisions or orders which must be issued before ANCs have authority to file appeals;

 

NOW THEREFORE, BE IT RESOLVED, Advisory Neighborhood Commission 4D urges the Zoning Commission to enact the following procedural changes:

 

1.      Change the current law, at DCMR 3012.3, to provide “the written reports and recommendations requested by the [Zoning] Commission pursuant to §3012.1 shall be filed by the Director of the Office of Planning with the Director of the Office of Zoning at least 60 days in advance of the hearing.”

 

2.      Change the current law, at DCMR 3114.2, to provide “when an application is referred in advance of the public hearing to any public agency for a report or recommendation, that report and recommendation shall be filed with the Board at least 60 days prior to the date for the hearing on the application.”

 

3.      Change the current law, at DCMR 11-3125.6, to provide “a decision or order shall become final upon its filing in the record and service upon the parties within 60 days.”

 

 

 

II.                REDEFINING AFFORDABILITY TO ENABLE LOW INCOME

         RESIDENTS TO BENEFIT FROM INCLUSIONARY ZONING

 

WHEREAS, the District of Columbia Comprehensive Plan, in Chapters 1 and 5, states that District planners must focus on building an “inclusive city,” and low income families in the District face a very serious affordability crisis with many low income families waiting  in vain for affordable housing units; and

 

WHEREAS, the definitions of “low income” and “moderate income” households are percentages of the federal government’s Area Median Income (“AMI”) which takes into account the household incomes of the DC metropolitan area, including VA and MD households, which was $107,500 as of 2012; and

 

WHEREAS, the median income solely for the District of Columbia (DMI) was $66,583 as of 2012; and

 

WHEREAS, developers who participate in Inclusionary Zoning (“IZ”) obtain subsidies, variances, and favorable interest rates in return for building affordable units in rental or condo multi-unit housing developments;

 

NOW THEREFORE, BE IT RESOLVED that Advisory Neighborhood Commission 4D recommends the enactment of the following amendments to the District of Columbia’s Zoning regulations regarding Inclusionary Zoning in order to move toward true affordability in housing in ANC 4D and around the District:

 

1.      That the definition of “low income households,” at DCMR 11-2601.1, be changed from 50% of AMI and redefined as “equal to or less than 30% of the District’s median income or DMI;

 

2.      That the definition of “moderate income households,” at DCMR 11-2601.1, be changed from 51% to 80% of AMI and redefined as “between 31% and 50% of the District’s median income or DMI.

 

3.      That the set-aside for IZ affordable units in residential developments be increased from 10% and 8%, respectively, to 20% and 18%, respectively, in order for developers to qualify for  bonus development density.

 

 

This Resolution was considered on October 15, 2013 before ANC 4D at a duly noticed meeting in the presence of a quorum.  The vote of the Commission was ____ in favor and ____ opposed to the Resolution.  The Resolution is _______________.  ______________________,

ANC 4D Secretary.