Public Meeting This Tuesday: Branding and Marketing the Mid-City Arts District

These are vastly changing times around Logan and U Street.

Last year, the ANC2F Arts Overlay Committee, of which I was a member, took a look at the so-called "Mid-City Arts District"--essentially the area centered around 14th and U streets, but also including stretches of 9th, 7th and Florida. We wanted to examine the current state of the neighborhood and chart a course for its ongoing development and evolution. One of the things we examined was the question of how the neighborhood is perceived, both by neighborhood residents as well as those outside of it.


Are we a nightlife destination? An arts center? A home for high-priced restaurants, furniture stores and fashion boutiques? And, perhaps most importantly, how do we *want* the neighborhood to be perceived--and what can be done to facilitate that?

The answer to those last questions will begin to be answered this Tuesday, August 31, at the first of three public meetings that will help determine the direction of the branding and marketing of the neighborhood, as well as to introduce the 'Street Graphics" competition. The evening promises to feature an interesting and lively discussion, and will include overview discussions of the project and its importance to the neighborhood by Andrea Doughty, project coordinator, and Carol Felix, Lead Branding Consultant.

That will be followed by a panel discussion that includes Andy Shallal, owner of Busboys and Poets, Mark Chalfant, director of the Washington Improv Theater, Rev. Sandra Butler-Truesdale, owner of the Emma Mae Gallery and a 14th and U historian, and others.

This will be a tremendous opportunity to learn about the 14th and U/Mid-City neighborhood and, most importantly, have a voice in the direction of its future.

The event will take place from 6p - 8p, in the Langston Room at Busboys and Poets, at 14th and V streets. For additional information about the initiative, visit www.midcityartsdistrict.org.

To learn more about the Arts Overlay Committee and read our final report, visit www.anc2f.org/arts. I hope to see you at Busboys this Tuesday.

The "25% Rule": Clearing Up Some Misconceptions

Ever since the announcement from DCRA's zoning administrator a couple of weeks ago that no more certificate of occupancy permits would be issued for bars or restaurants along 14th and U Streets, there has been a lot of uproar--and confusion--about what it means and how it will affect the neighborhood going forward.

That's understandable, as there has been a lot of confusing information (and hyperbole) being tossed around. Yet while individuals are of course going to continue to draw their own conclusions about what motivated the announcement, and what effect it might have, I wanted to at least attempt to clear up some of the misconceptions or confusion that surrounds this issue.

Q. Why did DCRA choose to make the ruling now?
A. Simple answer: because the so-called "25% cap" on bars and restaurants was about to be hit, and DCRA would be violating established DC zoning law by continuing to approve CofO permits for bars and restaurants that would cause the cap to be exceeded. Until fairly recently, no definitive study existed as to what percentage of street level retail frontage throughout the Arts Overlay District consisted of bar or restaurant operations. DCRA recently completed such a study, and found that the percentage was just a shade under 25%--meaning that any more bars or restaurants would exceed the cap. Thus, the recent ruling from the Zoning Administrator.

Q. Did DCRA thwart the recommendations of the Arts Overlay Review Committee in its recent declaration?
A. Absolutely not. In fact, DCRA was merely doing what the Arts Overlay Committee had requested it do: namely, conduct an assessment of the makeup of the retail market throughout the Arts Overlay District, and enforce the law accordingly. No one advocated that DCRA ignore the law and continue approving CofO permits in violation of the zoning code. It's important to understand that DCRA does not have the power to alter the zoning code; they can merely enforce it.

At worst, DCRA could be accused of being negligent on the PR front, via the issuance of a letter that seemed to ring the death knell for restaurants and bars along 14th and U streets. But nothing in DCRA's actions precludes the adoption of the Arts Overlay Committee's recommendations; in fact, one might argue that the statement hastened their consideration.

Q. Does DCRA's ruling mean the end of bars and restaurants along 14th Street and U Street?
A. Hardly. To begin, DCRA's statement has no affect on any bars or restaurants currently in operation, or those that are planned and have already received their CofO permit. Those that have NOT yet received their CofO may apply for an exemption through the Board of Zoning Appeals (BZA), who have traditionally been lenient with approving zoning exemptions for businesses along the 14th and U Street corridors.

Secondly, this past Thursday, the Office of Planning submitted a letter to the Zoning Commission formally requesting adoption of certain recommendations put forth by the Arts overlay Committee; specifically, those recommendations that dealt specifically with raising the cap on bars and restaurants to 50% of street level retail frontage. The letter requested that the Zoning Commission consider the issue under an emergency basis at their April 26 meeting (since certain proposed establishments stand to be affected by the ruling). Failure to do so would mean that the measure would move forward as a regular amendment and would become effective by the end of July.

Q. I've heard quotes from community leaders that the popular sentiment is that most in the neighborhood do not want additional bars and restaurants. Is this true?
A. While no one has gone door-to-door polling this question, it is safe to say that quite the opposite is true. When the Arts Overlay Committee presented their recommendations for changes to the Arts Overlay restrictions--including raising the allowable cap on bars and restaurants to up to 50%--they were supported nearly unanimously by all three area ANCs (1B, 2B and 2F) as well as by several area neighborhood associations. During the course of the Committee's public meetings throughout the summer of 2009, comments and testimony were virtually unanimous in support of allowing more restaurants and bars into the neighborhood. There is a recognition amongst most members of the community--leaders, business owners and residents--that such establishments have been, and will continue to be, key to the ongoing renaissance of the 14th and U street corridors.

It's true that certain community leaders, such as ANC1B commissioner Peter Raia, have spoken out on the issue, claiming that a majority of neighborhood residents and business owners support maintaining the 25% cap. I do not feel this is accurate, and do not believe that such a view is supported by anything other than anecdotal evidence.

Q. So, what's next?
A. As noted above, the Zoning Commission will take up the issue at its April 26 meeting. It could consider the issue under an emergency situation, in which case the recommendations--namely, the raising of the allowable cap on bars and restaurants-- included in the letter submitted by the Office of Planning would go into effect soon after. If the matter is not considered under an emergency situation, it will proceed through the normal channels, and would likely go into effect by late July.

In addition to raising the cap, the Office of Planning also requested that the Zoning Commission adopt another recommendation put forth by the Arts Overlay Committee: moving from measuring the percentage of bars and restaurants throughout the whole of the Arts Overlay District, to measuring it on a block-by-clock basis. In other words, no one block will be permitted to have more than 50% of street level retail comprised of bars and restaurants. (Blocks that already exceed that amount will be grandfathered in.) The practical effect will be that, for instance, the number of restaurants or bars along the 1400 block of U Street will no longer have an effect on the number of restaurants or bars along the 1300 block of 14th Street. In addition to making much more sense, the policy will also serve to foster retail diversity throughout the entire District.

In the meantime, businesses who stand to be impacted--and there are a few--are likely in the process of preparing applications for exemptions before BZA in order to move their permitting process forward, should the Zoning Commission not act in a timely manner or adopt all of the recommendations as proposed by the Office of Planning.

Certainly, it can be viewed as an unneeded hardship on businesses that many feel are already too bogged down in bureaucracy and red tape; it's difficult to disagree. But keep in mind that what DCRA is doing is enforcing the law, regardless of the motivations of those advocating for strict adherence to the 25% cap. The legal channels currently being worked--namely, the swift movement undertaken to change the zoning code to allow bars and restaurants to continue to flourish in the neighborhood--are the right ones. In addition to being the proper application of the process, it also helps ensure that future challenges to the law can be more easily dismissed.

DCRA Set to Enforce 25% Bar/Restaurant Restriction Along 14th and U Streets

EDIT (4/8/2010): The Mid-City Business Association has a good breakdown of the ruling and who it will affect on their website. Also, a nice review of the Arts Overlay District's purpose, which was something I didn't delve into my post from last night.

EDIT #2: DCist has now gotten into the act, and the commentariat are doing their thing.

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Earlier this week, Matthew Le Grant, the Zoning Administrator for the Department of Consumer and Regulatory Affairs, announced that the office would no longer be granting certificates of occupancy to bars and restaurants throughout the Arts Overlay District, without those businesses first seeking--and obtaining--an exception from the Board of Zoning Appeals.

ANC2B commissioner Ramon Estrada and ANC1B commissioner Peter Raia had approached DCRA and asked that the so-called "25% rule" pertaining to bars and restaurants throughout the Arts Overlay District be enforced.

The Arts Overlay District, which includes the commercial corridors of 14th Street, U Street, and 9th Street, along with stretches of 7th Street and Florida Ave, includes a provision forbidding bar and restaurant establishments from taking up more than 25% of the linear frontage of space along those streets. In Le Grant's communication, he noted that DCRA had recently completed its survey of the Arts Overlay District, and learned that the percentage of linear frontage consisting of bars and restaurants in the District was currently at 24.88%. "With this," he wrote "my office will not approve any new building permit or certificate of occupancy applications for additional eating and drinking establishments as a matter of right."

The decision will take affect immediately, and apply to any project that does not yet have its certificate of occupancy.

The net affect of this decision has yet to be seen, but in all likelihood it will be more symbolic than anything. BZA is notoriously supportive of bars and restaurants throughout the 14th and U Street corridors, and it is likely that any bar or restaurant with a solid business plan that would improve the neighborhood will obtain the exemption.

In the event that the decision begins to have a negative impact on development throughout the area, expect to see a strong push from those within the community for the adoption of the recommendations put forth last year by the Arts Overlay Committee, which included a recommendation for raising the allowable amount of bars and restaurants in the area to between 40-50% linear frontage.

As I wrote at the time, I feel that such a limit is both appropriate and sensible, considering the ongoing development and growth of the Arts Overlay District. It's peculiar that a push would be made at this time to enforce the existing 25% rule, but so long as neighborhood development is not adversely impacted, the decision merely represents the enforcement of a law that remains on the books.

Those wishing to learn more about the recommendations of the Arts Overlay Committee may do so at the ANC2F's website.

ANC Approves Voluntary Agreements for Estadio, Cork and Fork; Ghana Cafe Opens

Passing along a few notes from this evening's ANC2F meeting, before my head hits the pillow:

The ANC voted unanimously to approve the voluntary agreements for both Estadio and Cork and Fork, paving the way for liquor licenses for both. The approval of Cork & Fork's VA was pretty much a foregone conclusion--only an issue concerning an arcane ABRA regulation relating to the single sales ban caused any hiccups.

Estadio, on the other hand, had provoked a reasonable level of concern from residents of the condo building at 14th and Church streets that it is going to call home. Thanks to the savvy negotiating tactics of ANC2F chairman Charles Reed, all parties came away from the table satisfied. In addition to the VA covering the standard ANC fare (operating hours, parking, noise, etc.), the Estadio team also negotiated a "side agreement" with residents of the building covering issues such as odors and the location of vent fans. If all goes as planned, Estadio looks to be open by this summer.

In other ANC business, the Commission voted unanimously to endorse seven projects, totaling $350,000, that would be applying for funding as part of the Logan Circle Neighborhood Investment Fund through the DC government. Five of the projects were specific recommendations made by the Arts Overlay District Committee involving funding for economic projects for the 14th Street Arts Overlay District, such as a branding campaign for the neighborhood. The other two projects are for a "green team" for 14th Street south of U Street, and $50,000 for a "U Street Visitor's Center" to be awarded to Cultural Tourism DC.

In a later post, I'll delve into more detail on the recommendations made by the Arts Overlay Committee.

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One final note to pass along: following months of space build-out and contentious liquor license negotiations, the Ghana Cafe has opened at its new location at 1336 14th Street (although their website says 15th Street--woops).



In addition to a full bar and a menu full of West African goodies, the Cafe will feature live DJs on Thursdays through Sundays spinning Reggae, Afro-Pop and International tunes. More information--including a full menu--can be found at Ghana Cafe's website.

Tryptophan Withdrawal: ANC2F Meeting This Wednesday; Liquor for ACKC and Estadio

Welcome back from your long weekend of poultry consumption--I hope you enjoyed this chilly, dreary Monday in the nation's capital as much as I did.

To lighten your mood, we offer a preview of the December ANC2F meeting, to be held this Wednesday.  There are a number of items on the agenda (which most certainly promises to make it a lengthy meeting), but only a few items of particular note.

For those who are not aware, the folks from local chocolate peddler ACKC will be on hand to petition for their liquor license.  This is something that had been discussed for some time, but it was only recently that owners Rob Kingsbury and Eric Nelson elected to pursue a license for their establishment.  Could that mean that an order of amaretto-infused hot chocolate isn't far away?  We can only hope.

Also on the docket in the restaurant arena:  a license for the forthcoming "Estadio" (the new restaurant from the "Proof" team) and expanded sidewalk hours for Commissary so that they can serve breakfast.  (Outdoor breakfast in December?  Maybe someone is hedging their bets on the success of global warming.)

Other items of potential interest:  a discussion of the Franklin School RFP, and the potential revocation of the vacant property tax relief for a property held by the Vermont Ave. Baptist Church.  (Anything church-related always proves sufficiently entertaining.)  Finally, there will be a discussion of the Arts Overlay District Committee's Economic Development Recommendations report.  (More on that item in a later post.)

One final item I would like to point out, briefly.  And I point this out knowing what it says about me, that not only do I read the ANC agendas in advance, but I read them in enough detail to catch things like this.  Chairman Charles Reed is constantly griping about the fact that the meetings consistently run over their allotted time (which they do).  A step they could take towards rectifying that situation could be to put together a more realistic agenda, that doesn't include items like this:

7:25 PM:  DDOT Report
7:30 PM:  Community Announcements
10 Minute Break
7:40:  Business Meeting

So, reading this, there is exactly 0 minutes devoted to community announcements (of which there is one listed on the agenda itself, in addition to whatever might get raised at the meeting).  Why do I doubt that the "Business Meeting" will be commencing promptly at 7:40?

For those interested, more information--and the full agenda--can be found at ANC2f's website.

Lessons From Cleveland Park

This morning, the Washington Post ran a story about Cleveland Park's disappearing retailers. Never known as a commercial and retail hotspot, it seems that retailers are closing down at a rate that is alarming the neighborhood residents.

Several factors were blamed as culprits, but a couple of them should sound familiar to neighborhood residents who have been following neighborhood developments around 14th and U streets recently: a lack of parking, and a zoning regulation that restricts bars and restaurants to no more than 25% of the linear retail frontage in the neighborhood. Unlike along 14th Street however, in Cleveland Park the restriction is actually followed and enforced.

As the ARTS Overlay District Committee recently concluded, shifting retail demographics mean that it's no longer reasonable to reserve 75% of retail frontage for non-restaurants and bars. The Committee's recommendations included raising the allowable limit of bars and restaurants to 40-50%.

In Cleveland Park however, the citizen's association has been adamant that the restriction not be raised, setting up a showdown between the entrenched Association leadership and a group of citizens who would like to see the restrictions relaxed and other initiatives advanced to encourage development in the neighborhood. Keep in mind, this is the same neighborhood that engaged in a ten year battle with Giant over a new Giant store and mixed-use development along busy Wisconsin Ave.--at the location of an existing Giant store.

What's happening in Cleveland Park is an example of what can happen when zoning laws do not adapt to a changing retail environment. How might this apply to 14th Street?

Unlike Connecticut Avenue, 14th street is not fully built-out, so the issue of vacant buildings is not a good comparison. A more likely scenario is that the vacant storefronts along 14th street become banks, pharmacies, real estate offices and other uses that do not enhance the street-level activity. (One such plan is in the works at a prominent 14th street intersection in Logan--more on that in a later post).

In other words, when development is unnaturally restricted, there is a risk that undesirable results may arise.

Everyone can agree that a vibrant, mixed-use corridor along 14th and U streets is within everyone's interest. But this vision should be tempered with a pragmatic approach to the current retail market. Personally, I would love to see more art galleries, bookstores and independent boutiques up and down 14th Street. The changing retail market however tells us that such a vision is unlikely to come to fruition without some assistance and changes to DC zoning laws. This means more vacant storefronts that must be filled, and the question becomes "with what?"

With a de facto moratorium in place restricting bars and restaurants--which are, in effect, the only local businesses thriving in this market--the answer is more chain retailers and the aforementioned banks and pharmacies. Some may argue, directly or indirectly, that this is an acceptable course for the neighborhood to take in order to maintain a "mix" of retail in the neighborhood that does not include more eating and drinking establishments. This blogger is not among them.

Reversing this course, and ensuring that 14th street remains a vibrant, attractive home for a variety of new businesses, will require some changes. Many of these--including the recommendation for raising the allowable limit of bars and restaurants--are included in the report recently released by the ARTS Overlay Committee, which has now been heartily endorsed by all three area ANCs as well as numerous neighborhood associations.

What's happening in Cleveland Park serves to highlight the importance of ensuring that zoning regulations work to benefit--not hinder--development and progress in a neighborhood.

ANC2F, 1B Vote to Endorse ARTS Overlay Committee Recommendations

At Wednesday night's ANC2F meeting, the Commission voted unanimously to support the proposal put forth by the ARTS Overlay District Committee regarding zoning recommendations to guide the further development of the U Street and 14th Street arts corridors--despite objections put forth from ANC2B Commissioner Ramon Estrada on certain recommendations included in the proposal.

On Thursday night, ANC1B voted to endorse the proposal as well (voting 6-0 in favor, with one abstention).

The recommendations--which can be found here--detail a number of items that the Committee feels should be addressed in order to ensure that the arts corridor remains vibrant and a haven for artists and the arts. Some highlights of the Committee's recommendations include:

• allowing for greater density on developments including--in certain rare circumstances--an additional floor of height beyond the current 75 foot restriction;
• requiring that all developments above 15,000 square feet have a dedicated arts use, which can be lessened if the use is placed on the street level;
• increasing the allowable percentage of street frontage devoted to bars and restaurants from its current 25% level to 40-50%, and measuring the amount in smaller segments as opposed to throughout the entire district (for instance, on any given block, no more than 40-50% of the retail frontage could be bars or restaurants);
• splitting the U Street and 14th Street districts into two separate districts; and
• applying a single, unified zoning code to the entire district.

ANC2F Chairman Charles Reed praised the Committee's work, which included meetings throughout the summer with numerous business owners, city officials, developers and residents, prior to calling for a vote on a motion to endorse all 25 of the Committee's recommendations.

The vote was not without some degree of controversy. During the period where comments from the community were solicited, ANC2B Commissioner Ramon Estrada stood to voice objections to certain parts of the proposal.

Estrada indicated that while he generally supported the Committee's proposal, he took issue with two specific recommendations--to split the arts districts, and to apply a unified zoning code to the entire arts district. He then went on to announce that ANC2B "would not be supporting the Committee's recommendations in their entirety."

This is notable because ANC2B had not yet met to discuss the recommendations--leading to questions as to whether Estrada was speaking only for himself, or for the entire ANC.

Reached for comment regarding the matter, ANC2B Chairman Mike Silverstein indicated that "no single commissioner" can speak for the Commission. As to what ANC2B will do regarding the proposal, he said "I really don't have a clue. [T]here have been no deals. Most of us haven't fully read the ARTS Overlay Committee report yet." He went on to state "Personally, I think it's an impressive report, well researched and well reasoned."

Regardless, the strong endorsement of two area ANCs gets the proposal off on the right foot. Committee chairperson Andrea Doughty will appear before ANC2B next week to present the proposal, which will be presented to neighborhood associations as well before eventually being sent to various District of Columbia agencies for review. The ultimate goal is for the DC Office of Planning to implement the Committee's recommendations as part of the overall zoning code governing arts districts in DC.

Additional information about the Committee's work can be found by clicking here.

Shaping the Future of 14th Street, Part 2

Can we keep the "arts" in the ARTS Overlay?

That was the predominant question put before the ARTS Overlay Committee this summer. What follows is a brief preview of the Committee's report, to be unveiled at tomorrow evening's ANC2F meeting.

First, a little background. The Committee (which, in the interests of full disclosure, I was a member of) was created in order to provide a set of recommendations to the DC zoning regulations that govern the Overlay district. The Committee included a mix of new and longtime neighborhood residents, business owners--and one developer--and held a series of public meetings over the summer, where they discussed the current state of the District, and what could be done to help preserve (and attract) arts uses for years to come.

While the ARTS Overlay restrictions maintain some rather esoteric regulations governing things like bonus density and FAR allowances, their most notorious feature is the 25% restriction on the amount of bars and restaurants (as measured in linear feet). Our findings were that a) the restrictions are not working, as no DC agency is even tracking the amount of frontage currently taken by bars and restaurants (it's currently estimated to be around 29%), and b) 25% is too low a figure, as it doesn't properly reflect the changing nature of the neighborhood.

Also atop the Committee's lit of things to address was the reality that the neighborhood stands to lose some of its arts-related establishments. At several public meetings, we heard from proprietors of galleries, and landlords who had arts tenants, explain that economics were pushing them out of the neighborhood. It seems that while everyone claims to love the arts element in our neighborhood, and the city likes to promote their existence, very little is being done to ensure that they can remain here.

Thus the Committee's task was set: make recommendations to the city's zoning code that encourages arts uses in the neighborhood and helps ensure that once they are brought it they remain, while also seeking to ensure that the 14th and U Street corridors remain vibrant streets filled with a healthy mix of retail and entertainment options.

Though specifics for each of the recommendations in the Committee's final report won't be announced until tomorrow evening, I can tell you some generalities of what will be included, such as:

• providing additional developmental incentives to encourage arts uses in new developments;
• instituting arts use requirements for developments above a certain size;
• increasing the allowed percentage of street-level retail that can be bars or restaurants; and
• allowing for the use of vacant properties as temporary arts exhibit space.

In addition, we determined that one of the things we could do to economically aid artists, retail businesses and even restaurants would be to look for ways to encourage daytime traffic in the neighborhood, something that is covered under another set of the Committee's recommendations.





Ultimately, the Committee's report will need to go through several stages of review, before ending up in the DC Office of Planning, which will then need to determine whether or not to accept them.

Undoubtedly, the 14th/U Street areas have been transformed during the last several years. However, there is still a significant opportunity for change in the neighborhood, and the decisions that are made today may very well have an affect on the corridor 20-30 years from now. If you're interested to learn more, plan to attend tomorrow evening's ANC2F meeting. Or, you can visit the ARTS Overlay Committee's website, located at http://www.blogger.com/www.anc2f.org/arts.