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Zoning Commission pauses Florida and Q Street rezoning setdown over potential eminent domain issues
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Summary
The commission held an emergency closed session for legal advice and decided to postpone setting down Z.C. Case No. 25-15 (Florida and Q Street LLC) so Office of Planning and counsel can confirm whether the city is pursuing eminent domain and how that should affect the commission’s process.
The Zoning Commission on a virtual meeting paused consideration of a proposed map amendment for a vacant site at 1600 North Capitol Street NW (Z.C. Case No. 25-15, Florida and Q Street LLC), directing Office of Planning staff to research whether any executive-branch actions, including possible eminent domain, affect the property and to report back before the commission sets the case down for a public hearing.
Office of Planning senior planner Karen Thomas presented the record and recommended the commission set the map amendment down for public hearing; OP found the proposed rezoning from MU-4 to MU-7B would increase allowable FAR and height, apply IZ Plus, and align the site with the Comprehensive Plan’s mixed-use designations. Several commissioners, however, raised concerns that the record contains a late-released ANC letter and that city legal actions relating to the property could make setting the case down premature.
Commissioner Wright said, “It's my feeling that we should postpone setting this case down. I feel like I need some additional information ... about the status of any potential eminent domain that the DC government is considering on this property.” Vice Chair Miller concurred and the commission voted 3-0-2 to hold an emergency closed meeting for legal advice and then to delay setting the case down pending the requested information.
Why it matters: A pending or contemplated eminent domain action could change which party has authority to develop or pursue approvals for the site, and commissioners said they wanted legal guidance from the Office of Zoning legal division and clarity from any affected executive-branch agencies (for example, the Office of the Attorney General) before scheduling a public hearing.
What the commission asked staff to do
- Office of Planning was asked to coordinate with any necessary executive-branch agencies to determine whether eminent domain or other city legal actions are pending that directly affect the property at 1600 North Capitol St. NW. - Office of Zoning legal counsel was requested to provide guidance on how the commission should proceed when an eminent-domain matter is potentially in play.
Closed session and follow-up
Chairman Anthony Hood moved and the commission approved (3-0-2) an emergency closed meeting to seek legal advice on Z.C. Case No. 25-15; the roll call vote recorded Commissioners Hood, Miller and Wright in favor, with Commissioners Stidham and Imamura not present and not voting. After conferring with counsel, the commission concluded it would not set the case down at this time and asked staff to return with the requested information; no new hearing date was set.
Authorities and record handling
The Office of Planning presentation referenced the Comprehensive Plan future land use map and IZ Plus. Commissioners and staff noted an ANC letter appeared in the record in error and said the commission would consider ANC and community submissions at the hearing if and when the matter is set down. Legal questions were referred to the Office of Zoning legal division and the commission directed OP to coordinate with the Office of the Attorney General or other relevant agencies if needed.
Ending
The commission said it will revisit the item when the Office of Planning and legal counsel provide the requested clarifications. Staff indicated applicants and parties will be notified and that the case will be rescheduled for setdown or hearing when the record and legal status are clear.
