What

is a PUD?
An Introduction to the Planned Unit Development Process in the District of Columbia

1. Basic Zoning Districts

Every piece of land in the District of Columbia (and in most cities) falls within a zoning district. These zoning districts create limits on the sizes of the buildings that can be built on any piece of land within the zone. Restrictions are typically imposed in the following categories: How tall the building can be. For example, 50 feet, or 65 feet, etc. How much of the land can be covered up by the footprint of the building. For example, the building must not cover more than 60% of the land, or the building must not cover more than 75% of the land, etc. How extensive the square footage inside the building can be relative to the square footage of the land. For example, the total square footage of the building must not be more than 1.8 times greater than the square footage of the land, or the total square footage of the building must not be more than 3.5 times greater than the square footage of the land, etc. This is commonly referred to as oor area ratio or FAR.

2. Zoning Resources
You can nd out what basic zoning applies for any piece of land in the District of Columbia by using the Zoning Map on the Oce of Zonings website. The map functions just like Google Maps and is very easy to navigate. Simply zoom in until you see the property that you are interested in, and then identify the zoning district in which it sits: http://maps.dcoz.dc.gov/ From there, you can nd out what specic limitations apply for that particular zoning district using the summaries that are also provided on the Oce of Zonings website: http://dcoz.dc.gov/info/districts.shtm

3. Overlay Districts
Certain parts of the city also fall within zoning overlay districts. They are called overlay districts because they place an additional layer of limitations on the construction that is allowed on any land that falls within the overlay. Overlay districts typically impose: Even stricter restrictions on heights, land coverage, and FAR. Restrictions on uses that are undesired. For example, prohibiting bars in a residential neighborhood, etc.

4. Changes from the Existing Zoning

The developer could petition the District Council to change the Districts zoning laws. This would obviously be impractical in most cases. The developer could request a variance from the Board of Zoning Adjustment. However, variances can generally only be granted where a strict application of the zoning requirements would result in an exceptional hardship on the owner of the property due to some extraordinary feature of the property. The developer could request a special exception from the Board of Zoning Adjustment. However, special exceptions are available only with respect to certain specically described circumstances as laid out in the Districts Municipal Regulations. The developer could apply to the Zoning Commission for a planned unit development. If a developer wants to construct a building that would not comply with the existing zoning limitations, they have 4 options:

5. Planned Unit Developments (PUDs)

Conceptually, the PUD process allows the Zoning Commission to grant signicant exceptions to the zoning limitations in order to encourage high quality developments that provide public benets. However, in order to qualify as a PUD, a project: Must oer a commendable number or quality of public benets. Must protect and advance the public health, safety, welfare, and convenience. Must not be used to circumvent the intent and purposes of the Zoning Regulations. Must not result in action that is inconsistent with the Comprehensive Plan. A more complete set of the rules for the PUD process can be found in the DC Municipal Regulations (DCMR) Title 11, Chapter 24: http://goo.gl/IN4MF

6. Public Benets
Public benets are dened as superior features of a proposed PUD that benet the surrounding neighborhood or the public in general to a signicantly greater extent than would likely result from development of the site under the matter-of-right provisions. A project amenity is one type of public benet, and is dened as a functional or aesthetic feature of the proposed development that adds to the attractiveness, convenience, or comfort of the project for occupants and immediate neighbors. The Municipal Regulations list the following categories in which public benets and project amenities could be provided:

7. Categories of Public Benets

1. 2. 3. Urban design, architecture, landscaping, or creation or preservation of open spaces; Site planning, and ecient and economical land utilization; Eective and safe vehicular and pedestrian access, transportation management measures, connections to public transit service, and other measures to mitigate adverse trac impacts Historic preservation of private or public structures, places, or parks; Employment and training opportunities; Housing and aordable housing; Social services/facilities; Environmental benets; Uses of special value to the neighborhood or the District of Columbia as a whole; and Other public benets 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.

4. 5. 6. 7. 8. 9. 10.

8. Justication Versus Compensation

It does not seem that the PUD process could possibly be intended to allow a mere economic transaction in which a developer buys a change in the underlying zoning requirements by paying o the community with compensatory public benets. Rather, it seems that in order to proceed under the PUD process, a proposed development must demonstrate justifying public benets, i.e. it must have signicant qualitative merit independent of the compensatory public benets that will be provided. Examples of such justifying public benets from the Municipal Regulations might include preservation of an historic structure, or introduction of a use that is of special value to the neighborhood. Accordingly, it would seem that the PUD process would be appropriate only in limited circumstances.