So You Have a Question About the DC9 Case?

Well, who doesn't? Like, what was the deal with the blood in the infamous Washington Post picture? What's going to happen to DC9 now that the ANC voted not to support a renewal of its license? Do police suspect race as a motivating factor?

Today, TBD hosted an online chat (specifically, it was hosted by editor Sommer Mathis) where interested parties could submit questions that had been at the top of their minds. It's actually pretty informative, so if you have a few moments available head on over to TBD and check it out.

ARTS Overlay News: 50% Cap Appears Set for Passage

Yesterday, the Zoning Commission met to hear testimony regarding the permanent raising of the cap on bars and restaurants to 50% in the Uptown Arts Overlay District, which includes substantial portions of U Street and 14th Street.

There had been some speculation as to who might show up to oppose the measure--after all, last week ANC2B commissioner Ramon Estrada had written a letter on behalf of the ANC's Zoning and Historic Preservation Committee expressing opposition to the matter. Estrada, however, was nowhere to be found at yesterday's meeting, and in fact ANC2B voted unanimously at their last meeting to support the recommendations of the ANC2F Arts Overlay Committee to raise the cap on bars and restaurants to 50% of retail frontage.

The measure seems set to pass in spite of some concerns related to increased traffic and noise in the neighborhood brought on by the density of restaurants and bars. For various reasons, the oft-made comparisons to Adams-Morgan aren't really applicable for 14th or U Street--even though the neighborhood is quickly becoming one of DC's preeminent drinking and dining destinations. As to the concerns about parking, well, we're somewhat sympathetic, but with Metro, the Circulator, buses and taxis...why would you drive? (Yes, I'm talking to you, guy from Virginia who can't seem to figure out DC's grid layout and takes 20 minutes to park in a space the size of a mobile home.)

Still, there is a recognition that holding back 70-75% of retail frontage for non-food and drink-serving establishments is too high, particularly in the current environment. As local broker Blake Dickson stated at the meeting, "today in our market, the only thing working is food and beverage."

Thus, with no real opposition, and strong community support for the measure, it seems that one of the most critical issues needed to ensure the continued growth of the 14th and U Street corridors will move forward. The Zoning Commission will meet on June 28 for a final vote on the measure, which barring some unforeseen developments, appears all but assured of passing.

Zoning Commission Takes Emergency Action: Bar/Restaurant Cap to be Raised

I am a bit late in posting this, but I did want to pass along the news that, at their meeting on Monday, the Zoning Commission decided to take emergency action to address the controversy that has erupted regarding the future of bars and restaurants in the area.

The Commission voted to expand the allowable percentage of linear frontage along 14th and U streets in the Arts Overlay District to 30%, up from 25%. The action goes into effect immediately and will last for 120 days, meaning that no businesses should see their operations or planned development disrupted by this issue.

At its June meeting, the Commission is expected to take up the issue of permanently raising the cap on bars and restaurants along the corridor to 50%, which was the recommendation provided by the Office of Planning in their letter sent last week to the Commission.

So, in sum: stop freaking out. We're cool here--more tapas is on the way.

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.

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.

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.

*****

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.

Go mama go! to close- What does that say about the future of 14th Street retail?

While 14thandyou was on a bit of hiatus over the past couple of weeks (thanks to all of you who sent warm thoughts and well-wishes), we received some unfortunate news: longtime 14th Street retail fixture Go mama go! would be closing its doors at some time in the spring. The store will remain open until the space's landlord is able to locate a replacement tenant.






















According to a release provided by Go mama go's owner, Jonathan Chudnoff:

Go mama go!, the vibrant housewares, accessories and gift shop on 14th Street NW , will be closing its doors in the next few months, according to its owner, Jonathan Chudnoff. Chudnoff attributes the closing to the twin blows of the general economic decline and the death of the store’s founder, Noi Chudnoff, whose dynamic spirit, creativity and personality were key ingredients in the store’s early success.

This is sad news for a couple of reasons. First among them, it means the loss of a unique and pleasant retail fixture on 14th Street. Go mama go's colorful displays and product offerings were a true bright spot for the neighborhood. It is one of those stores that are simply pleasant to stroll through. Secondly, Go mama go! was one of the retail pioneers on 14th Street, opening in their current location in 2001 after a year of operations in a tent at Eastern Market. In addition to providing a boost to the burgeoning retail scene, Noi Chudnoff and her store were a force for positive change in the neighborhood, supporting numerous area charities, causes and organizations.

Beyond the loss of a popular retail establishment however, lies a perhaps greater problem for 14th Street and Logan Circle: can the neighborhood retain a mix of retail and other uses to go along with the exploding bar and restaurant scene?

The loss of Go mama go! is simply the latest domino to fall in what has become a worrying trend on 14th Street. G Fine Arts shuttered their doors last August, and in November indoor/outdoor plant supplier Garden District filed for bankruptcy and continues to hang on by a thread. Green Pets and Big Monkey Comics are looking for new homes. Several other businesses along the corridor--several of them quite prominent--are also feeling the pinch of a declining economy, high property tax rates and increasingly unaffordable commercial lease rates (I can't name any of them directly, but I can say that at least one of them is a well-known men's apparel chain). While restaurant openings have been plentiful during the past year, with more on the way, new retail openings--particularly of the independent variety--have been few and far between.

Over the summer, I served on a committee that examined the state of the 14th Street Arts District, and pondered what might be done to help stave off the decline of arts-related use venues along the corridor. I am increasingly coming to believe that we may quickly be reaching a point where our concern is not simply related to keeping arts uses along the corridor; rather, we may be looking at the potential loss of a number of locally owned retail establishments, while watching 14th Street/Logan becoming primarily a restaurant/bar/entertainment district.

The crux of the problem lies with both the city's property tax rate as well as the going commercial lease rates. What has occurred along 14th Street mimics that of many other urban neighborhoods nationwide: artists and entrepreneurs move into a neglected or under-served neighborhood in a city, due mainly to affordable commercial lease rates. As more businesses arrive, the neighborhood continues to attract attention both from residents and other commercial ventures. Restaurants, bars and lounges arrive, as do chain retailers and other deep-pocketed commercial ventures such as banks. As the neighborhood's desirability rises, the ability for small, locally owned establishments to remain declines. The neighborhood's pioneering businesses are forced to relocate or close, essentially victims of their own success.

At the same time, many commercial tenants are saddled with property tax bills that they simply find unaffordable. Certain landlords may absorb at least some of the property tax hit, but many cannot afford to do this for long. In the end, the lower-volume and/or locally owned establishments move out, finding themselves replaced by national chains and businesses that can afford the higher rates (namely, restaurants, bars and banks).

So what is to be done? Well, if history and a litany of other examples nationwide are any guide, the options are limited. The city can carve out exception to high property tax rates, or provide developmental incentives, for properties that contain a certain favored use (such as an arts use). Beyond that, what you see are market forces taking hold. Unless a local business owner is fortunate enough to develop a relationship with a landlord who is willing to take a sizable hit with regards to their commercial lease rate--and with escalating property taxes, many landlords are increasingly hesitant to do so--the business owner may find him or herself priced out of the very neighborhood he or she helped to build.

The irony of this is that many retail establishments depend upon a certain critical mass in terms of the commercial vibrancy of a neighborhood before they can achieve success. Unless you are catering primarily to neighborhood residents, it's difficult to attract shoppers to your boutique establishment unless there are a number of shops and restaurants to attract them.

Ultimately, what you are left with is a neighborhood with an increasing number of higher-end bars, restaurants, lounges, banks and chain retailers (hello, Room and Board) and fewer of the boutique, locally owned establishments and arts-related businesses such as Go mama go! that attracted many to the neighborhood in the first place. To be sure, this is not an entirely bad thing: Logan's status as a premiere DC dining destination is not necessarily a negative to the residents of the neighborhood who now have an abundance of food and drink choices to select from, for instance. But we are unquestionably losing a bit of our neighborhood's character. And that, along with the loss of a beloved local business, is something worth mourning.

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.