Agencies Push to Loosen Restrictions on Bars/Restaurants

Last week, as reported here and elsewhere, DCRA Zoning Administrator Matt Le Grant issued a letter stating that his office would no longer approve occupancy permits for bars and restaurants along the 14th and U Street corridors, in what is known as the Arts Overlay District.


The announcement came at the conclusion of a study by DCRA that showed that the percentage of street-facing retail along 14th and U streets that is devoted to bars and restaurants was just under the 25% threshold permitted under the current Arts Ovelray restrictions. Enforcement of the rule had been advocated by a small group of neighborhood activists, including ANC1B commissioner Peter Raia and ANC2B commission Ramon Estrada, among others.

As expected, the announcement touched off the proverbial firestorm of controversy, both from within and outside of the area. Seeking to quell the anger, as well as to ensure that the decision posed as little threat as possible to the ongoing development and growth of the neighborhood, it was announced today that the DC Office of Planning would submit a set of recommendations to the Zoning Commission by April 26 to raise the allowable percentage of bars and restaurants to between 40-50%.

The 40-50% amount was the amount recommended by the Arts Overlay Committee in its report delivered last year. (Full disclosure: I served on the Committee.)

Once delivered, the Zoning Commission will vote on the measure at their next hearing, in either late May or early June. If adopted, the new rule would go into effect in late June or early July.

The move is clearly a response to the community outcry that arose after DCRA's statement last week. Although the statement merely indicated a willingness on the part of DCRA to enforce an existing law, the move was seen largely as a response to advocacy on the part of commissioners Raia and Estrada, along with other neighborhood activists, who had sought to have the so-called "25% rule" strictly enforced.

By moving so swiftly to change the law, and thus negate the potential effects of its enforcement, DC agencies seemed to be in agreement with nearly everyone throughout the 14th and U street area that the 25% rule was, in fact, outdated and needed to be revised.

Astute observers will note that, even with this action by the Office of Planning, there is still potentially a three month window during which occupancy permits could be denied to otherwise deserving businesses along the corridor. In response to this, local ANCs--including ANC2F--are moving to ensure that the move has minimal impact on the neighborhood.

"Our neighborhood is open for business," said ANC2F chairman Charles Reed in a press release issued today. "ANC-2F will do everything in its power to assist in speeding community acceptable license applications through the BZA process."

While nothing is certain--the Zoning Commission could, in fact, reject the recommendation--in a city where change seems to come at a glacial pace, it is refreshing to see agencies moving so quickly to address this concern.