March 17, 2016
Petition for Review of an Order of the District of Columbia
Zoning Commission (ZC10-28(3))
W. Brown for petitioners.
A. Racine, Attorney General for the District of Columbia,
Todd S. Kim, Solicitor General, Loren L. AliKhan, Deputy
Solicitor General, and Richard S. Love, Senior Assistant
Attorney General, filed a statement in lieu of brief in
support of respondent.
J. Kiernan, with whom Paul A. Tummonds, Jr. and Cary R.
Kadlecek were on the brief, for intervenor.
Glickman and McLeese, Associate Judges, and Steadman, Senior
case came to be heard on the administrative record, a
certified copy of the agency hearing transcript and the
briefs filed, and was argued by counsel. On consideration
whereof, and as set forth in the opinion filed this date, it
is now hereby
and ADJUDGED that the order of the Zoning Commission is set
aside, and the application is denied.
McLeese, Associate Judge:
order under review, the Zoning Commission approved an
application for a Planned Unit Development ("PUD")
submitted by intervenor 901 Monroe Street, LLC. Petitioners,
a group of individuals who live within 200 feet of the
proposed project ("the 200-Footers"), challenge the
Commission's order, arguing that the proposed PUD would
be inconsistent with the District's Comprehensive Plan.
We set aside the Commission's order.
Commission reviews PUD applications in light of the
Comprehensive Plan, which establishes a "broad framework
intended to guide the future land use planning decisions for
the District." Wisconsin-Newark Neighborhood Coal.
v. District of Columbia Zoning Comm'n, 33 A.3d 382,
394 (D.C. 2011) (internal quotation marks omitted). The
Comprehensive Plan includes the Land Use Element, which
"provides direction on a range of development,
conservation, and land use compatibility issues." 10-A
DCMR § 300.1 (2016). The Future Land Use Map
("FLUM") visually depicts the policies reflected in
the Land Use Element. 10-A DCMR § 225.1 (2016). The FLUM
categorizes areas as low, moderate, medium, or high density.
See generally id. at §§ 225.2-.11.
Monroe seeks to construct a six-story building on a parcel of
land adjoining Monroe Street, between 9th and 10th Streets,
Northeast. Durant v. District of Columbia Zoning
Comm'n, 65 A.3d 1161, 1164-65 (D.C. 2013)
("Durant I"). The building would include
up to eight commercial tenants on the ground floor and over
two-hundred residential units above ground level.
Id. at 1164. The building would reach a maximum
height of sixty feet, eight inches and would have a
floor-to-area ratio ("FAR") of 3.31. Id.
FAR is a measure of building density and is "determined
by dividing the gross floor area of all buildings on ...