URGENT: DCRA rules no New Building
Permits or C of Os will be issued to eating and drinking establishments
in MidCity.
On April
5th,
2010 Matt LaGrant, DC's Zoning Administrator, issued a ruling that
DCRA
will no longer grant Building Permits or Certificate of
Occupancies for restaurants,
bars, diners, coffees shops and carry-outs along 14th and U
streets (plus adjacent commercial side streets) because of zoning
regulations restricting the availability of
space to eating and drinking establishments to 25% of the linear
frontage
of the greater 14th and U Street area. To see a map of the overlay go here.
What
the
ruling means
Anyone seeking to open an eating and drinking
establishment (including delis, coffee shops and carry outs) will
need to go before the Board of Zoning Appeals
(BZA) to
seek a special exception.
Requiring all new projects to go to the BZA
will absorb an enormous amount of business, community and
government resources as projects seek exemptions to a rule that is
widely
regarded as outdated and harmful to economic development.
It
will stall new projects and prevent existing
ones from expanding
It will discourage entrepreneurs from investing
in the MidCity area, including underdeveloped parts of the
district.
It will send a strong message to local,
regional, national investors that DC is business unfriendly
MIdCity Business Association's Response to the Ruling
We will be sending a
letter to CM Jim Graham, CM Jack Evans and other city officials asking
for their help in
obtaining an urgent text change to the zoning regulations to increase
the
allowance from 25% to 50% of the total area.
We will continue
to work with our community partners including the Logan Circle Communtiy
Association and the U Street Neighborhood Association along with
commissioners from ANC1B, ANC2F and ANC2B to develop a constructive and
positive response as our community coalition continues to work together
to promote positive, balanced economic and community
development in MidCity.
BACKGROUND ON THE ARTS
OVERLAY ISSUE
The MidCity area is
part of what's called the Uptown Arts Overlay District. The overlay
includes 14th street from N Street to Florida Avenue and U
Street from 9th to 15th. It also extends down
Florida 9th to 7th and along P and Q Streets from 14th
to 15th
The Uptown Arts Overlay regulations state
that "Eating and drinking
establishments shall occupy no more than twenty-five percent (25%)
of the
linear foot frontage within the ARTS Overlay District, as measured
along
the lots fronting on 14th Street and U Street, N.W."
There is widespread opposition within many
sectors of the community to the 25% limitation on eating and
drinking
establishments within the Uptown ARTS Overlay.
- A broad coalition of stakeholders working
in the last year with the ANC2F ARTS Overlay Committee recommended
changes to the zoning regulations (including increasing the percentage
of eating and drinking places allowed from 25% to 50%) All impacted ANCs
(ANC 1b, ANC2f and ANC2B) and Community groups (MidCity BA, Logan
Circle Community Association and U street Neighborhood Association)
supported the committee's recommendations. For more details visit
the ANC 2F ARTS overlay review committee website
- The zoning rules are currently being
rewritten and the community supported recommendations are being
considered in the process
Despite broad
community support for changes to the 25% limitation on eating and
drinking
establishments, some individuals continued to press
public officials for its enforcement.
As a result of this pressure DCRA spent time
and money to measure eating and drinking establishments within the
arts
overlay, even though the rules are currently being rewritten. They
promised to enforce current zoning rules, if the percentage
had been exceeded.
DCRA determined that only 12.64 linear feet is
currently available for
new eating/drinking establishment frontage within the entire ARTS
overlay
district.
Please see below for original emails
regarding the rulings
Appendices
1)
Email from Matt
LaGrant (DCRA zoning administrator) to ABRA and OP staff and to Ramon
Estrada,
Phyllis Klein and Peter Raia about the ruling
2)
Email from DCRA
staffer about the results of his study of the area
Appendix 1 - Email from Matt LaGrant
(DCRA zoning
administrator) to ABRA and OP staff and to Ramon Estrada, Phyllis Klein
and
Peter Raia
From: LeGrant, Matt
(DCRA)
Sent: Monday, April 05, 2010 2:10 PM
To: English, Diane (ABRA); Lawson, Joel
(OP); 'raestrada@hotmail.com'; 'ramon estrada';
Moosally, Fred (ABRA); Steingasser, Jennifer (OP); Raia Sr., Peter John
(ANC 1B02); Phyllis Klein; 'Andrew J. Kline'
Cc: Argo, Linda (DCRA); Nero, Richard
(DCOZ); Bellow, Justin (DCRA)
Subject: FW: Arts Overlay Restaurant
Inventory Update
All:
The Office of Zoning Administrator has completed its survey
and calculation of existing restaurant street frontage subject to the
Uptown
Arts Mixed-use District Overlay regulation set forth in 11 DCMR 1901.6,
and see
please the below email from OZA's Enforcement Officer Justin Bellow with
the
results. The applicable regulation states:
Eating and drinking
establishments shall occupy no more than twenty-five percent (25%) of
the
linear foot frontage within the ARTS Overlay District, as measured along
the
lots fronting on 14th Street and U Street, N.W.
We have found that the current linear frontage number
for the presently recognized 95 eating and drinking establishments in
the
applicable portion of the overlay stands at 2658.16 feet. The total
linear frontage for the applicable overlay
Overly portion is 10,683.1 feet, and
the percentage of eating/drinking establishment linear frontage within
this affected
area is 24.88%. This leaves a total of 12.64 linear feet available for
new eating/drinking
establishment frontage. A spreadsheet detailing the list of restaurants
and the applicable frontage calculations will be available within two
days.
With this, 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; instead, all applications will be
referred
to the Board of Zoning Adjustments for Special Exception relief as per
11 DCMR
1906.1.
Please feel free to contact me if you have any
questions.
Best Regards,Matthew Le Grant
Zoning Administrator
Dept of Consumer
and Regulatory Affairs
Government of the District of Columbia
1100 4th St SW - Room 3100
Washington, DC 20024
Phone: 202
442-4652
FAX: 202 442-4871
Email: matt.legrant@dc.gov
Appendix 2. Email from DCRA staffer about the results of
his study of the area
From: Bellow, Justin (DCRA)
Sent: Monday, April 05, 2010 1:13 PM
To: LeGrant, Matt (DCRA)
Subject: Arts Overlay numbers
Matt,
I've finished my survey of the Arts Overlay district,
and have found that the current linear frontage number for the 95 eating
and
drinking establishments in the overlay stands at 2658.16 feet. The total
linear frontage for the overlay stands at 10683.1 feet, and the
percentage of eating/drinking establishment
linear frontage within the overlay is 24.88%. This leaves a total of
12.64 linear feet available for new eating/drinking
establishment frontage.
I measured the linear frontage of the relevant
establishments with a measuring wheel, and then compared my measurements
with
those shown through GIS. In cases where my numbers showed a small
variance from GIS, I deferred to the GIS numbers. The frontage numbers
includes both open and closed businesses with valid restaurant/prepared
food/bar/fast food/tavern C of O's. I have also included the linear
frontage of
a number of restaurants that have already been permitted, but have not
yet
opened.
There are also 2 pending developments that have
sought and were granted BZA relief (BZA Order #'s 17850 & 17749)
from the
Arts Overlay eating establishment restrictions. I have not included any
frontage numbers for these developments, as they are exempt from 25%
rule.
I am in the final stages of compiling all of this
information in spreadsheet form and should have it finished by
Wednesday, if
not sooner.
Justin Bellow
Government of the District of Columbia
Office of the Zoning Administrator | Department of Consumer
and Regulatory Affairs
1100 4th St SW, 3rd Floor | Washington, DC 20024
W 202.442.4648 | F 202.442.4871
| justin.bellow@dc.gov
