Zoning commission advances Pennsylvania Avenue East NMU‑5 zone to proposed action

The Zoning Commission on Feb. 20 voted 5‑0 to take proposed action on case No. 24‑10, a text and map amendment that would create a new Pennsylvania Avenue East neighborhood mixed‑use zone (NMU‑5APAE) covering properties fronting Pennsylvania Avenue SE between Fairlawn Avenue SE and 20th Street SE.

The new zone, proposed by the Office of Planning, would allow moderate‑density mixed‑use development with a maximum height of 70 feet and a maximum floor‑area ratio (FAR) of 4.2 with Inclusionary Zoning. The draft includes a 0.5 FAR density bonus for a grocery store, step‑back requirements intended to protect adjacent lower‑density residential lots, and requirements for ground‑floor retail and storefront design to improve the pedestrian experience.

Why it matters: The Pennsylvania Avenue East Small Area Plan, adopted in 2022 after the 2021 comprehensive plan update, recommended a new zone for the eastern corridor to support moderate‑density commercial and mixed‑use development. The planning area is in Far Northeast and Southeast, where the Office of Planning reported that more than 90% of residents are Black and median household income is roughly half the district average; the proposed zone is intended to encourage development that could support local businesses and services, including a neighborhood grocery store the plan identifies as a priority.

Crystal Myers of the Office of Planning summarized the proposal: "The new zone would be a neighborhood mixed use zone based on the MU5A zone. It would allow moderate density mixed use development with generally ground floor retail and residential uses above." Myers said the zone would incorporate design guidelines from the small area plan, including build‑to requirements and spacing of commercial entrances, and that at least 75% of the front facade would be built to the front lot line with retail entrances spaced about every 40 feet.

Myers also told the commission that the Office of Planning recommended IZ Plus be applied in the new zone. "IZ Plus is recommended in this new zone," she said; commissioners confirmed the record includes that designation.

The Office of Planning reported extensive outreach tied to the small area planning process and the zone drafting. Myers estimated combined outreach for the small area plan and the zoning work reached roughly 100 people and said OP attended ANC and community meetings; ANC 7B submitted a letter of support (Exhibit 10) and DDOT filed a report stating it has no objection (Exhibit 8). The Office of Planning noted the future land use map was changed in the 2021 comprehensive plan update from low‑density commercial to moderate‑density commercial at the Ward 7 Economic Development Council’s request.

Procedural and outreach issues arose during the hearing. Office of Zoning staff told the commission that OP submitted a waiver request (Exhibit 9) because door‑posting each affected private parcel was impractical given the number of properties; the commission approved the waiver by general consensus. Several commissioners said posting and direct notice to private property owners should be examined for future rulemaking. Vice Chair Miller, Commissioner Wright and others asked staff to provide the list of affected private property owners before final action so owners who did not receive direct notice can be identified.

Commissioner Eva Moore moved to take proposed action on case 24‑10; Vice Chair Miller seconded. The roll call vote was 5 in favor, 0 opposed, 0 abstaining (Commissioners Imamura, Miller, Hood, Stidham and Wright voted yes). The commission recorded the result as "approved for proposed action, 5 to 0 to 0." Commissioners emphasized that the record reflects IZ Plus and the zoning text as presented.

What’s next: The commission treated this as a two‑vote case; the proposed action was taken and will be followed by the administrative steps required before final action. Commissioners asked staff to provide additional notice information — including the number and list of private property owners affected — ahead of final action.

Details the commission cited: maximum height up to 70 feet; up to 4.2 FAR with Inclusionary Zoning; a 0.5 FAR grocery bonus; step‑back and rear setback language starting at 25 feet with a 1:1 plane to improve compatibility with adjacent low‑density residential zones; a build‑to requirement for at least 75% of front facades; and spacing of ground‑floor commercial entrances around every 40 feet. ANC 7B’s unanimous support and DDOT’s no‑objection report were entered into the record.