D.C. Mun. Regs. tit. 10, r. 10-B3214

Current through Register Vol. 71, No. 36, September 6, 2024
Rule 10-B3214 - MODIFICATIONS PRIOR TO FINAL DESIGNATION
3214.1

When the Director authorizes an exclusive right or tentative designation, he or she shall make certain findings regarding major elements of the prospective redeveloper's proposal. Consequently, if prior to the submission of final proposal the redeveloper desires to substantially modify any of these elements, then the Department shall advise the Director in writing so that the Director will have the opportunity to determine whether to continue the Director's exclusive right or tentative designation.

3214.2

Modification, including but not limited to, the following elements of the redeveloper's proposal shall be submitted to the Director for consideration:

(a) Substantial change in the land use;
(b) Substantial change in size, or type of improvement;
(c) Substantial change in ownership of developer;
(d) Substantial change in membership of the development team; or
(e) Substantial change in minority or local participation in the ownership or management of the redevelopers;
3214.3

Any change in the redeveloper, the proposal, or membership of the redeveloper's team after final selection, but prior to execution of the Land Disposition: Agreement, shall be governed by § 3206.1.

3214.4

A modification subsequent to execution of the Land Disposition Agreement shall be governed by the terms of the agreement.

3214.5

For purposes of this section, the phrase "substantial change in the land use" shall mean any change requiring a modification of the Department-approved development plan.

3214.6

For purposes of this section, the phrase "substantial change in size, or type of improvement" shall mean any size change in excess of ten percent (10%) of the total square footage of the building, or any change that would result in a change in the primary use for which the building was designed. A change of some office use to retail use, or vice versa, would not require Department approval if the building remains primarily an office building or retail facility.

3214.7

For purposes of this section, the phrase "substantial change in ownership of developer" shall mean any ownership change that would result in a change of a general partner or corporate officer or more than ten percent (10%) of the ownership interest of limited partners or shareholders.

3214.8

For purposes of this section, the phrase "substantial change in membership of the development team" shall mean any change in the developer, architect, builder, attorney, lender leasing agent, financial advisor, management consultant, or other major component from that previously presented to the Department.

3214.9

For purposes of this section, the phrase "substantial change in minority or local participation in the ownership or management of the redevelopers" shall mean any change the result of which will be to alter the percentage of minority or local participation more than ten percent (10%) from that previously presented to the Director, or a change that results in loss of majority status.

D.C. Mun. Regs. tit. 10, r. 10-B3214

Final Rulemaking published at 41 DCR 7048, 7068 (October 28, 1994)