[co-author: Natalia Cristina Gomez Rojas]

At its public meeting on March 30, 2023, the District of Columbia Zoning Commission voted (3-1-1) to deny a public hearing to consider a text amendment put forth by the Office of the Attorney General for the District of Columbia (OAG). OAG's proposal sought to amend Subtitle I of the Zoning Regulations to apply the Inclusionary Zoning (IZ) program to currently exempt Downtown (D) zones. (See previous Holland & Knight alert, "D.C. Office of Planning Recommends Not Moving Forward with Inclusionary Zoning Amendment," March 21, 2023.) In denying setdown, the Zoning Commission's vote also has the effect of dismissing Z.C. Case No. 21-23.

In support of its decision, the Zoning Commission cited to the justifications provided in the D.C. Office of Planning's setdown report, which recommended against moving forward (Ex. 13). The Zoning Commission also noted that OAG did not provide the requested economic data in support of its petition and that the proposal lacked incentives to offset increased affordable housing requirements. The dismissal also ensures some level of certainty for ongoing and prospective projects in the D zones for the foreseeable future.