Florida Avenue Improvement Project Delayed Until 2016

A long-planned improvement of Florida Avenue NW between U Street and Sherman Avenue will be delayed until April 2016, according to Richard Kenney of the District Department of Transportation (DDOT). Kenney made the announcement during the latest regularly-scheduled meeting of Advisory Neighborhood Commission (ANC) 1B/U Street on April 2.

(From October 2014 DDOT presentation)

According to a presentation made by DDOT on October 27, 2014, the Florida Avenue project was to start construction in October 2015.

The delayed project will eventually bring bike lanes and sharrows to this stretch of Florida Avenue. It will also improve drainage, provide a traffic light at V Street, widen sidewalks, and add wheelchair ramps. There will also be additional green space, Kenney said. 

Kenney told the ANC that "outstanding issues were putting the project on hold" including one involving District Department of the Environment (DDOE) storm water management regulations and another involving curb cuts along Florida Avenue which need to be closed before work could start.

In addition, a separate project will soon begin nearby on Georgia Avenue, Kenney said, and DDOT does not want to have two projects in close proximity in progress at the same time, since both will obstruct north-south traffic.

The Georgia Avenue project will bring dedicated bus lanes. The October 2014 presentation said construction would start in February 2015. At the meeting last week, Kenney said the start of the Georgia Avenue project was "imminent".

ANC Commissioner Ellen Nedrow Sullivan (district 02) asked Kenney if, since the project was delayed anyway, whether new street lights for the 1900 block of 9th Street could be incorporated. Much of the neighborhood has received new street lights with an elegant, retro look to replace utilitarian-looking street lights used before -- see a examples of the two styles in this SALM blog post. But the 1900 block of 9th Street has not yet benefitted from this upgrade.

See a September 2012 post from the blog Greater Greater Washington about this project here. This post references 2011 input (see here) from ANC1B.

Long-delayed Dog Daycare at Florida and 14th Moves Forward

A long struggle to open a dog daycare facility on the ground floor of the View 14 apartment building (2303 14th Street NW, at the corner of Florida Avenue) appears headed toward a successful conclusion. The aspiring proprietors had to engage in a multi-year struggle to change DC zoning. In addition, they also had a conflict over the name of the new establishment, which was very similar to a local pet care organization of long standing.

From Doozy Dog's submission to DC zoning authorities

The establishment has changed its name -- it will now be called "Doozy Dog". This name was arrived at after much research, the management team told a committee of Advisory Neighborhood Commission (ANC) 1B/U Street. The research could uncover no establishment with this similar name, not only here in the DC area, but indeed anywhere in the US, a team from Doozy Dog told ANC1B's Zoning, Preservation and Development Committee on March 16.

Doozy Dog is the first branch east of the Mississippi for a Los Angeles-based chain of dog daycare facilities known elsewhere as Citydog! Club. When it first appeared before a committee of ANC1B over a year ago asking for zoning relief -- see SALM blog post of December 18, 2013 -- it used this name. Shortly afterward, a local business called City Dogs Daycare, Dupont Circle-based and open since 1999, objected to the new establishment's name -- see SALM blog post of January 6, 2014. The dispute seemed to lead to the decision to change the name of the local branch of the chain.

In addition to changing the name, the proprietors and their attorneys were involved in a successful effort to change DC zoning requirements regarding pet boarding, grooming, and care businesses. As a result, it is no longer required that such an establishment be at least 25 feet from a residence. Another revision to zoning regulations now allows pet care establishments to open in the basement of a mixed-use buildings as a "matter-of-right", that is, without needing any zoning relief.

In addition, the former requirement that such an establishment be in a "sound-proof building" was relaxed -- instead, the establishment must show it will produce no "noise objectionable to residential units" in the same building or nearby buildings. A similar relaxation of standards was made in regard to odor.

With all these problems solved, Doozy Dog is now ready to take the final steps. These involve obtaining an officially-blessed revision of a 2006 Planned Unit Development (PUD) agreement that allowed the View 14 building to be built in the first place. This revision will allow Doozy Dog to open without seeking further zoning relief.

Representatives of Doozy Dog allowed that applying for a revision of a PUD so long after the initial agreement was "unusual".

The ANC committee heard the case for the planned revision of the PUD. The proprietors and their attorney reviewed some details of their planned operation, including disposal of animal waste. Parking was also discussed -- there will be a 15-minute drop-off zone. No other parking mitigation is planned. The proprietors expected most of their customers would come on foot.

The committee voted unanimously to endorse the proposed revision to the PUD. The committee's recommendation will go the full ANC for approval. It will probably be on the agenda of the next scheduled meeting of the full ANC on April 2. The meeting will be at the Reeves Center (14th and U Streets) and is scheduled to start at 6:30pm -- 30 minutes earlier than usual.

A hearing before DC zoning authorities on this case is scheduled for April 20. There was no mention at the meeting of when Doozy Dog was planning to open.

Darnell's Signs Agreement with U Street ANC, Protests Dismissed

Advisory Neighborhood Commissioner (ANC) 1B/U Street has signed a settlement agreement with Darnell's Bar (944 Florida Avenue NW), which will attempt to limit the noise coming from the establishment. As a result, the ANC withdrew its protest of Darnell's liquor license renewal as of March 11th, the date the agreement was officially recognized by DC's Alcoholic Beverage Control Board (ABRA).

Image of Darnell's from Google Street View

Protests by the ANC and other groups had threatened to close the establishment -- see SALM blog posts of October 22 and December 10, 2014.

Beside the ANC, three other parties were protesting the renewal. Two of these three protests were also dismissed on March 11th. One of the dismissed protest was that of a group of five or more neighbors. Any protest by a group of five or more is automatically dismissed when an agreement between the ANC and the establishment is signed, as set forth in Section 25-609 of DC Code.

The second dismissed protest was that of an abutting neighbor, who lives above the establishment. This neighbor's protest was dismissed because she failed to attend an ABRA hearing on February 18. Information gathered from an ABRA official transcript of the hearing indicates that the neighbor had gone "way down in Virginia" to visit family during the long Presidents' Day weekend immediately previous, and then was unable to return to DC due to a February 17 snowstorm that brought the area to a halt, closing schools and the federal government.

The third protesting party attended the hearing. He told ABRA about the upstairs neighbor's inability to make it back to the city, but said he had talked to the upstairs neighbor. She wished to remain a party to the protest.

He was asked if he had anything in writing that stated this.

"I couldn't get anything in writing. She left before the snow come," he replied.

He was asked if he had any email that stated this. He didn't.

"I'm not computer literate anyway and neither is she," he said.

According to the same transcript, the upstairs neighbor's protest was then dismissed. The neighbor who attended the hearing was advised that an appeal of the decision was possible if filed within 10 days of receiving notification. However, a March 11 ABRA document (page seven of an 18-page .pdf here) says that the neighbor's request for a reinstatement was unanimously denied. No reason for the denial was given.

On the same day, the protest of the upstairs neighbor was officially dismissed. See the order dismissing the protest here.

One protesting party remains -- a second abutting neighbor. This neighbor will get to make a case against Darnell's at the ABRA protest hearing, scheduled for April 8 at 1:30pm at ABRA offices at the Reeves Center (14th and U Streets).

The text of the settlement agreement between ANC1B and Darnell's can be seen as on the last page of the order dismissing the protest of the group of five or more here.

ANC1B voted to enter the settlement agreement with Darnell's at its regular monthly meeting in January -- see SALM blog post of January 12.

965 Florida Avenue Project Expects Exit Soon from Bowser Hold

The developers of several parcels of land at and near 965 Florida Avenue NW told a meeting of Advisory Neighborhood Commission (ANC) 1B/U Street February 5 that it will soon exit the hold put on the project by the Mayor Bowser.

Red Star = 965 Florida Avenue (photo credit below)

"We are on the goal line on getting this in front of the council," said Matthew Robinson of MRP Realty.

965 Florida Avenue is one of five development projects approved late in the administration of former Mayor Vincent Gray which were put on hold January 29, pending review by the new Bowser administration team. The Bowser administration has said it wishes to confirm that upcoming projects are compliant with soon-to-be-enacted regulations concerning affordable housing.

Just before the developers spoke, the ANC also heard from Marc Bleyer, Senior Project Manager at the Office of the Deputy Mayor for Planning and Economic Development (DMPED), on the multiple project hold. The bulk of Bleyer's remarks were about the possible long-term hold of a separate project to develop the former site of the Grimke School (1923 Vermont Street NW) -- see SALM blog post of February 9. However, about 965 Florida Avenue, Bleyer said: "We're working to get that done quickly."

Joining Robinson on the team of developers presenting were James Nozar of The JBG Companies and Chip Ellis of Ellis Development Group.

Nozar outlined the scope of the project, which involves three separate parcels of land. Nozar said there would be an announcement soon about the "neighborhood-oriented retail" that would appear in the new development. This included "food that is non-tapas oriented", he said.

Ellis announced there would be a 40,000 square foot grocery store on the site, but said he could not yet name the retailer. A report from last year named Harris Teeter as the "likely" grocery retailer for the project.

"We are pleased to announce that the project will be adhering to 30 percent affordable housing," Ellis also said, perhaps meaning that the project as currently envisioned is already compliant with the upcoming new regulations on affordable housing.

After the presentations, ANC1B Commissioner Ellen Nedrow Sullivan (district 02) told the presenters: "You're really answering the needs of the community."

See a February 3, 2015, article from the Washington City Paper's Housing Complex blog about the partnership of JBG and MPR Realty on this project here.

See a page from the DMPED web site about this project, including a link to the original Request for Proposal, here.

(Photo credit: detail from the DMPED 2012 Request for Proposal for 965 Florida Avenue)

ANC1B Committee Votes to Protest License for 24-hour Operation by Satellite Room

Satellite Room, a "hipster diner" located across from the 9:30 Club at 2047 9th Street NW, is asking for a change to its liquor license which would allow 24-hour operation. However, Ian Hilton, one of the co-owners of the Satellite Room, told the liquor-licensing affairs committee of Advisory Neighborhood Commission (ANC) 1B/U Street on January 21 that the intention was to operate 24 hours only on weekends, from opening at 5pm Fridays to "last call" Sunday night.

Satellite Room in 2012 (Photo credit below)

The sought-after changes would not only allow the establishment to stay open all night, but also to serve alcohol, both inside and outside, until 3am. Hilton said the intention was to stop serving alcohol at 2:30 am "last call" and not resume until 11am. Those remaining would be able to order food and remain inside.

The committee voted to recommend to the full ANC a protest for the proposed change in the license until a modified settlement agreement can be worked out between the Satellite Room, the ANC, and a group of objecting neighbors who are resident at The Floridian condo (929 Florida Avenue). The motion was made by ANC1B Commissioner John Green (district 12). Eight of the 11 committee members present voted for the motion, none against, three abstained.

A settlement agreement is a binding legal agreement. In the case of DC liquor licensees, a settlement agreement often deals with hours of operation, noise, trash disposal, parking, and other matters of community interest. A settlement agreement is part of the establishment's liquor license.

In this case, a settlement agreement (see page 4 of a 6-page .pdf here) was entered into in 2011 by the establishment (then called "Satellite Pizza") and the ANC. It allows the establishment to routinely stay open until 3am on the weekends. If the Satellite Room wishes to get DC's Alcoholic Beverage Regulation Administration (ABRA) to consent to the increase their opening hours, they will have to get the ANC to agree, as well as placating the residents of The Floridian who are planning to file a "group of five or more" protest.

Nick Baumann, chair of the ANC1B liquor-licensing affairs committee, said he had received "several emails" objecting to the extended hours. Baumann read one email as representative of all. The email complained of the noise from the Satellite Room's rear outdoor patio, which is legally defined as a "summer garden", even though it is largely concrete.

A married couple were present at the meeting to represent the residents of The Floridian. They reported that about 1/3rd of the units in face the Satellite Room on 9th Stree. They had 16 signatures of Floridian residents against the change in hours, and planned to get more.

"All of the unit owners are bothered by the current state of affairs," one of the Floridian residents said.

"You get the bass, the people talking over the music," she said.

She also said that, although the summer garden has a legal capacity of 24 seats, there are "roughly a hundred people there on many nights".

"Everyone's having difficulty sleeping," she said, adding that residents have to use white noise machines and ear plugs.

In addition, there have been problems with late-night smokers congregating in front of the condo, as well as on-street vomiting near the condo.

Owner Ian Hilton disputed that noise had been a problem, noting that DC authorities had visited his establishment after the neighbors had complained. ABRA had taken readings, and NOT cited his establishment for noise violations, unlike some of his neighbors.

"We've had visits from ABRA," he said. "We've been a compliant owner."

Hilton called the accusations of noise from his establishment "a case of mistaken identity"

The Satellite Room is in ANC1B district 11. The newly-elected ANC1B Commissioner for the district is Robb Hudson. Hudson was present at the meeting, and it seems like the task of trying to negotiate an agreement will fall to him.

The full ANC will probably vote at its next regularly scheduled meeting on the recommendation to protest the application for the liquor license change. The meeting is scheduled for Thursday, February 5, at 7pm, at the Reeves Center (14th and U Streets).

ABRA will have a "roll call" hearing on February 17, 10am, at ABRA headquarters on the fourth floor of the Reeves Center. The ANC and "group of five or more" will have to show up and have standing as a protesting group officially accepted. After that, there will probably be attempts at mediation.

(Photo credit: Borderstan.com, used by permission)

ANC1B Approves Settlement Agreement with Darnell's

At its regular monthly meeting January 8, Advisory Neighborhood Commission (ANC) 1B/U Street voted to enter into a settlement agreement with Darnell's Bar (944 Florida Avenue NW). The vote was unanimous.

Darnell's via Google Street View

The agreement says Darnell's will close at 1am on weekends and midnight on weekdays. It also says there will be no outdoor music and all windows and doors will be shut except when patrons are entering or leaving the establishment. Darnell's will also guarantee that there are noise-dampening curtains in the windows at all times. 

This was the second meeting in a row where ANC1B voted on a settlement agreement with Darnell's. At the last meeting of the ANC, the outgoing commissioners voted to reject a draft settlement agreement -- see SALM blog post of December 10. After that rejection, there were additional negotiations with neighbors who have been involved in a lengthy dispute with the bar, and the new version of the settlement agreement was more to their liking.

It was reported that, although the neighbors were "satisfied" with the settlement agreement, they would continue to protest the liquor license renewal application before DC's Alcoholic Beverage Regulation Administration (ABRA).

There are two parties protesting the liquor license renewal. One party is a group of five or more neighbors. Under Section 25-609 of DC Code, ABRA will automatically dismiss this group's protest once it approves the ANC's settlement agreement.

"The group of five is OK with that," said Nick Baumann, chair of ANC1B's liquor-licensing affairs committee, in his report to the ANC.

The other party is a single individual who is an abutting neighbor to Darnell's. Specifically, the neighbor lives upstairs. As an abutting neighbor, this protest falls into a different category and will not be automatically dismissed as a result of the settlement agreement. It seems like likely that more hearings and attempts at arbitration will result. However, it has been reported that the upstairs neighbor is interested in no other outcome than the complete closure of the bar.

Darnell's is known alternately as Manchester Bar and Darnell's Manchester Bar. During the daytime, The Blind Dog Cafe, a coffee house, operates in the same space.

Darnell's: "The Only Option These Residents Want is Closing The Establishment"

At its regular monthly meeting on December 4, Advisory Neighborhood Commission (ANC) 1B/U Street voted to reject a draft settlement agreement with Darnell's Bar (944 Florida Avenue NW), even though the settlement agreement had been drafted by an ANC1B Commissioner. The vote was 4-2 against approving the settlement agreement, with one abstention and four Commissioners absent.

944 Florida Avenue (Google Street View)

Commissioners voting in favor of the agreement: Sedrick Muhammed (district 03) and ANC1B Chair James Turner (09).

Commissioners voting against the agreement: Ricardo Reinoso (05), Mark Ranslem (08), Allyson Carpenter (10), and Zahra Jilani (12).

Abstentions: Dyana Forester (06).

Absent: Mark Morgan (01), Deborah Thomas (04), Juan Lopez (07), and E. Gail Anderson Holness (11).

In the DC liquor licensing world, settlement agreements are made between licensees and members of the community -- often ANCs, sometimes neighbors or neighborhood groups, sometimes in some combination of the groups just mentioned. This settlement agreement which was to be between the licensee and the ANC only. The most important parts of the agreement dealt with the topic of noise. They specified that external amplified music was forbidden, that windows and doors would remain closed at all times, and that trash could not be taken out between 11pm and 7am.

The agreement was "fairly consistent" with other settlement agreements, ANC Chair Turner said at the meeting.

But some neighbors of the establishment were reportedly "not happy with the settlement agreement as written", Nick Baumann, chair of ANC1B liquor-licensing affairs committee, told ANC1B.

"The only option these residents want is closing the establishment," Turner said.

Darnell's has been in a prolonged battle with its discontented neighbors -- see SALM blog post of October 22 -- over its liquor license. The status of the liquor license was further confused recently when the ownership of the establishment was "transferred" (not further explained at the meeting), so the liquor licensing placarding and protest process must start again from square one.

Prior to the ownership transfer, ANC1B tried to broker peace by negotiating the settlement agreement detailed above. Commissioner E. Gail Anderson Holness (in whose district Darnell's is located) was designated as the Commissioner responsible. The agreement which was rejected was negotiated by Holness, but she was not at the meeting to defend it.

If the settlement agreement had passed, a group of six neighbors protesting the liquor license might have been eliminated from process. Section 25-609 of DC Code states:

In the event that an affected ANC submits a settlement agreement to the [DC Alcoholic Beverage Control] Board on a protested license application, the Board, upon its approval of the settlement agreement, shall dismiss any protest of a group of no fewer than 5 residents or property owners...

See a December 9, 2014, ABRA document (21-page .pdf) here in which the group of six neighbors is given standing to protest the liquor license application.

The neighbors were reported at the meeting to be dead set against reaching any agreement with the establishment. Opinion at the meeting was that the neighbors are working against their best interests.

"The neighbors will be unable to close this establishment," Nick Baumann said.

"The possibility of winning this protest is possibly zero," James Turner said.

No representative from Darnell's or the protesting neighbors identified themselves at the ANC meeting.

Even though the settlement agreement was rejected, ANC1B still wants a seat at the table. It was agreed at the meeting the ANC will write a letter asking that its previous protest of Darnell's liquor license be grandfathered in to the application of the new owners, so the ANC will still be part of the negotiations.

During the daytime, The Blind Dog Cafe, a coffee house, also operates at 944 Florida Avenue. The Blind Dog Cafe was not discussed at the meeting. 

944 Florida Avenue: "The Neighbor Upstairs Wants the Place Closed"

At a meeting October 15, a committee of Advisory Neighborhood Commission (ANC) 1B/U Street voted to recommend the ANC attempt to broker peace between the operators of Darnell's Bar (944 Florida Avenue NW) and a group of neighbors. But Nick Baumann, chair of ANC1B's liquor-licensing affairs committee, wasn't very optimistic of the chances of smoothing over the contending parties.

944 Florida Avenue (Google Street View)

"The neighbor upstairs wants the place closed and won't compromise," Baumann told the committee, reporting about an attempted mediation between the bar and its neighbors.

"The complaint about Darnell's is the music," a committee member said. Neighbors angry about the noise from the establishment have been protesting the renewal of Darnell's liquor license since at least 2013, according to documents available at the web site of DC's Alcoholic Beverage Regulation Administration (ABRA).

A neighbor who lives upstairs in the same building from Darnell's gave the following testimony (see page 17 of a 24-page .pdf here) about the establishment at a February 26, 2014, ABRA hearing:

... [W]e tried to get along with the party and we need a sound proof because we can hear everything that's going on downstairs. Got my window shaking, my picture dropping off the wall. And we tell him to cut the music down, he don't. We done called the police. I bet a couple, over a hundred-some times, they go and they tell him, the manager, cut the music down.

In addition to the upstairs neighbor, residents of the Floridian, a nearby apartment building, and other neighbors have joined the protest against Darnell's.

There has been an attempt to settle the dispute by getting the liquor licensee to sign a settlement agreement, which could make clear, for example, the hours of operation, permitted noise levels, and mechanisms for resolving disputes. However, the settlement agreement recently drafted by the lawyer for Darnell's said, in summary, that Darnell's agreed to abide by the letter of the law -- not really a document worth signing.

"There's stuff to be negotiated but who will negotiate?" Baumann asked at the meeting. Baumann is committee chair but has said previously that contentious negotiations with liquor licensees often require the authority of an elected official.

Darnell's is in district 11 of ANC1B. The Commissioner is E. Gail Anderson Holness. Holness is running for election as Ward One representative on the DC State Board of Education. She will give up her ANC seat at the end of the year.

ANC1B Chair James Turner (Commissioner for district 09) attended the meeting, although he is not on the alcohol-licensing committee. Turner advised the committee that Holness could negotiate on this matter, but she would need clear guidance from the committee on what were the desired outcomes of the negotiations.

"If you ask Gail to make it better, make it specific," Turner said.

The committee came up with some clear goals for the negotiations, such as explicit promises to close all windows and doors while music was playing, no amplified music outside, no noisy disposal of glass bottles and other trash between 10pm and 7am.

The committee then passed a resolution to recommend a settlement agreement be negotiated by Commissioner Holness with the owner.

The resolution will probably come up at the next meeting of the full ANC, scheduled for Thursday, November 6, at 7pm, at the Reeves Center (14th and U Streets).

During the daytime, The Blind Dog Cafe, a coffee house, also operates at 944 Florida Avenue. The Blind Dog Cafe was not discussed at the meeting. 

Long-Delayed Federal Money Funds 7th Street Repaving, Sidewalk Upgrade, New Bike Racks

At its regular monthly meeting May 6, Advisory Neighborhood Commission (ANC) 6E/Shaw heard that the 7th Street NW corridor is about to be given a facelift with federal government money. If all goes as planned, streets will be repaved, street lighting will be given a elegant new look, sidewalks will be uniform, and bike racks will be installed on every block of 7th Street between N and Florida Avenue.

Coming soon on 7th Street

ANC6E Chair Alexander Padro (Commissioner for district 01) recalled that the project, which will cover the 1300 to 1700 blocks on 7th Street, has been in development for "the better part of a decade" and had been repeatedly delayed by "a number of missteps".

The project was originally part of the Howard Theatre renovation project, but it was detached so that the portion of the project near the Howard Theatre could go ahead using money from the D.C. budget. The Howard Theatre project was finished in 2012.

DDOT presentation

Richard Kenney and Adil Rizvi, program managers at the District Department of Transportation (DDOT), told the ANC that 7th Street will be resurfaced and renovated. But don't call the project a "resurfacing project".

"That's kind of misleading because we're including building-face-to-building-face streetscape improvements," Rizvi said.

Kenney and Rizvi told ANC6E the project would, in addition to road resurfacing, include street light and traffic signal upgrades, sidewalk replacement, the addition of green infrastructure, improvements to wheelchair ramps to comply with the Americans With Disabilities Act (ADA), and other changes.

The work will start in "late summer to early fall" and will continue for nine to twelve months, "weather permitting". Work will be done from 7am to 7pm Monday to Friday. There will be some Saturday work, but no Sunday work. The DDOT presenters said all blockage of traffic and detours would take place outside of rush hours.

The project will work to make the sidewalks uniform. Right now, there is a patchwork of brick and concrete, some of which is deteriorating, making the sidewalks unsafe. The sidewalks will be uniformly concrete. The areas around the trees will be given a uniform look as well, with low ornamental rails on three sides. DDOT assured the committee the ornamental rails will be well anchored and will not come up or fall over by themselves. However, these rails cannot withstand the impact of a vehicle.

Cobble pavers are green infrastructure

The tree space will also be given a uniform look, with cobble pavers to each side of the tree (see photo). These cobble pavers catch storm water and allow natural filtration to take place, which captures pollutants before they can become part of the storm water runoff.

Bike racks for all

The DDOT presenters asked for ANC and public opinion on bike racks. Members of the public spoke strongly in favor. Commissioner Padro said he had asked for bike racks along 7th Street many times but was told they should wait for the long-delayed repaving project.

"It seems like the biggest comment we have for you is: We certainly do want to see bike racks installed," Padro said. "A number of businesses have requested them."

Padro volunteered to walk the route of the project along with Shaw resident and Washington Area Bicyclist Association (WABA) Vice-President Michael Moulton to suggest placement of the bike racks. Moulton was present at the meeting and advocated for bike racks as part of the project.

ANC6E voted unanimously to support the project and recommend bike racks be installed on every block.

About 2/3rds of the area of the renovation falls with the borders of ANC6E. The other third is in ANC 1B/U Street.

ANC6E videos its meetings and posts them, in their entirety, on their Youtube channel. This discussion can be viewed on video number 00047 here, starting at time 11:05.

(Photo credits: details from hard copies of the DDOT presentation to ANC6E)

637 Florida Avenue: A Pizza Restaurant or a Nightclub?

On May 1, Advisory Neighborhood Commission (ANC) 1B/U Street voted to protest the tavern license application, with endorsements for entertainment, dancing, and cover charge, for an as-yet-unnamed establishment to be located at 637 Florida Avenue NW.

637 Florida Avenue in May 2012

Two members of the public came to the May 1 meeting voice their opposition to the liquor license, but no one from M & I, LLC., the aspiring proprietors of the establishment, was at a meeting. It was reported the M & I, LLC., were looking for a rooftop deck that will operate until 2 in the morning. Neighbors were concerned there would be music you could hear outside the establishment after 11pm.

ANC1B is working on a settlement agreement with M & I, LLC., which may specify, among other things, hours of operation and noise control measures. However, at the time of the meeting, no agreement had been reached.

637 Florida Avenue is in ANC1B district 01. The ANC Commissioner is Marc Morgan. Morgan told the ANC he supported the protest. The vote was unanimous with two abstentions.

Earlier committee meeting on M & I

ANC1B's liquor-licensing affairs committee had previously voted to recommend a protest to the full ANC. On April 16, the committee heard from the prospective owners of the establishment through their attorney, Andrew Kline of The Veritas Law Firm. Kline represented the establishment as a pizza restaurant with music, but members of the community voiced the opinion that the establishment would really be a nightclub.

Some of the partners of M & I, LLC., are also owners of the nearby Flash Nightclub (645 Florida Avenue). Neighbors told the committee Flash Nightclub is the source of loud music and is not responsive to neighbors' requests to turn it down.

"Every night Flash is open I hear noise," one said.

Kline told the committee the establishment was seeking a capacity of 450. He also said there would be a roof deck with walls on all sides.

The committee asked how many seats would be on the rooftop desk.

"As many as we can," Kline answered.

Kline said the owners planned to use a series of small, evenly-spaced speakers, facing inward, to keep the music inside the area of the roof deck.

The committee asked for a seating plan, but was told it was "still being developed."

The motion to recommend a protest passed unanimously.

"We're not trying to block the business from opening," said liquor-licensing affairs committee chair Nick Baumann just before the vote.

After the vote, one of the owners of the new establishment, who had sat mostly silent during the presentation and vote, asked to speak. He said he had put more than five million dollars into the 600 block of Florida Avenue in the 25 years he has been in business there.

"I went bankrupt one time," he said, then added: "Not completely bankrupt."

"I invite all of you guys to come," he concluded.

"Everyone's happy to see new investment in the neighborhood," Baumann said in reply.

There will a preliminary hearing on the case of M & I, LLC., at D.C.'s Alcoholic Beverage Regulation Administration (ABRA) next Monday, May 19, at 10 am. The hearing will take place at ABRA's offices on the fourth floor of the Reeves Center (14th and U Streets).

Read a short article with pictures about M & I, LLC., from the blog Popville here.

(Photo credit: Google Street View)

Ward One Task Force on Community and Church Parking Created

Advisory Neighborhood Commission (ANC) 1B/U Street will participate in a Ward One-wide task force on community and church parking. ANC1B Commissioner E. Gail Anderson Holness (district 11) made an announcement about the formation of the task force at the ANC's monthly meeting on April 3.

Florida Avenue Baptist Church

"These problems are not new," Holness said. "They've just become more intense."

Commissioner Holness announced the office of City Councilmember Jim Graham (D-Ward One) had formed the task force to address how to facilitate parking at churches across Ward One on Sundays and at other times of religious worship. Holness said she expected the task force to meet three or four times. The first meeting will be within the next two weeks, and there will be a town meeting. The task force will issue a final report.

"We want the final report to reflect the entire community," Holness said.

Task force membership

Holness said eight Ward One pastors would serve on the task force. She named several of them, including Dr. Earl D. Trent Jr. of Florida Avenue Baptist Church (623 Florida Avenue NW) and Father Patrick Smith of St. Augustine Catholic Church (1419 V Street).

Holness also asked for "a commissioner other than me" to participate in the task force. Commissioner Dyana Forrester (district 06) volunteered to do so. Forrester said she has attended Florida Avenue Baptist Church.

Forrester compared D.C. police tactics concerning churches and parking to suburban police tactics in the same context.

"In Maryland and Viriginia, police help. They don't write tickets," Forrester said.

Holness on the traffic scene

Holness took the opportunity of the announcement to touch on several traffic-related issues. They included bloggers who complain about suburbanites coming on Sunday to park near historical churches, while not complaining about suburbanites who drive into D.C. from Monday to Friday and park on local streets.

She compared weekday commuters to Sunday church visitors: "Many people who come in on the weekends have lived here at one time."

She also commented on bicyclists.

"I'm 57 and I ride a bike," she said.

However, Holness went on, bicyclists received too much consideration because they do not bicycle in inclement weather.

"You don't see bikes when it snows, when it's raining," she said.

Concerning the historic churches in Ward One, Holness said: "They were here before many of the new residents came. They will be here after they are gone."

UPDATED: District Flea Liquor License Green Light from ANC1B

UPDATED (April 3): Hospitality law and liquor-licensing attorney Brian Molloy (blogging at The DC Liquor Law Blog) emailed me to say that District Flea has been granted its stipulated license by DC authorities. It is unclear if the neighbors attempted to file a protest. Thanks Brian!

CORRECTED (March 27): Commenter (below) correctly points that District Flea, even though it now has a stipulated license, may not be able to serve alcohol if there is a protest against the license pending.

Thanks to the anonymous commenter for schooling me on this.

Advisory Neighborhood Commission (ANC) 1B/U Street cleared the way for District Flea to serve beer when it opens on April 5. It voted unanimously at its meeting of March 25 to both to support a stipulated license for District Flea and to endorse a request for a long-term DT (Tavern) category license for the flea market.

(from districtflea.com)

Granting a stipulated license is one of the few actions that an ANC can take that is more than advisory in nature. On the basis of ANC1B's action, District Flea will be able to legally serve alcohol until its long-term liquor-license application makes its way through the D.C. bureaucracy. 

District Flea is the local branch of New York's Brooklyn Flea. It started operation last September on a vacant lot at 945 Florida Avenue NW, and operated for 12 weeks.

"It went very well," District Flea Market Manager Hugh McIntosh told ANC1B.

Last year, McIntosh said, Churchkey restaurant (1337 14th Street) served beer on the premises of District Flea on the basis of a caterer's license. This year, District Flea will be administering the alcohol concession directly.

District Flea will be at the same location this year, open Saturdays from 10am-5pm. They will only serve alcohol until 5pm, McIntosh said. They will also use wristbands to identify people who are old enough to drink legally.

Some residents of the Floridian (929 Florida Ave), a nearby condominium, are protesting the liquor license. McIntosh told the ANC residents were concerned about double-parking in the area, as well as litter once the day's operation is over. McIntosh said District Flea would put out signs reminding visitors not to double park, and would have clean-up people pick up trash on Saturday evenings.

McIntosh also said District Flea was contemplating an outdoor movie night on the property this summer. However, it would not be able to serve alcohol until it made a "substantial change" to the license it is now seeking. Making a substantial change to an existing liquor license means a completely new trip through the liquor-licensing bureaucracy, which might give neighbors a new opportunity to protest.

The application for a liquor license has its next hearing at D.C's Alcoholic Beverage Regulation Administration (ABRA) on April 21.

City Dog Fight at ANC1B

It was Citydog! vs. City Dogs at the January 4 meeting of Advisory Neighborhood Commission (ANC) 1B/U Street. The two canine daycare establishments seem headed toward a long and unpleasant turf battle.

City Dogs: 15 years in D.C.

The dogs in the fight 

The struggle appears to center on trademark infringement -- not an area where ANCs have any say. 

CityDog! Club, a newcomer to the D.C. area, aims to start operations near City Dogs Daycare. City Dogs Daycare has been in business in D.C. since 1999, according to a statement by an owner at the ANC meeting. The CityDog! Club plans to do business at the corner of Florida Avenue and 14th Street NW; the City Dogs Daycare is located at 1832 18th Street (between T and Swann Streets).

City Dogs Daycare also shares space and management with City Dogs Rescue, a non-profit operating since September 2011 and "formed for one reason: to rescue adoptable dogs in overcrowded and high-kill shelters", according to its FAQ page.

Citydog! Club: first franchise in D.C.

Partisans of City Dogs Daycare/Rescue have established both a Facebook page in opposition to Citydog! Club as well as an online petition at Change.org that has gathered more than 100 electronic signatures.

The newcomer CityDog! Club came before ANC1B January 4 to request endorsement of requests from D.C.'s Board of Zoning Adjustment (BZA) for zoning variances and special exceptions that would allow it to operate on the first floor of a mixed-use building. ANC1B's Design Review Committee had already recommended the full ANC endorse CityDog! Club's request -- see SALM blog post of December 18, 2013. (No representatives of City Dogs Daycare came to the Design Review Committee meeting, which took place on December 16.)

At the January ANC meeting, City Dogs Daycare told the ANC the establishment of a nearby business with a similar name would confuse customers and have an adverse effect on the community, and urged the ANC not to endorse the request.

Discussion

There followed a long discussion about what exactly the ANC should be discussing. Citydog! Clubs argued that their request to the BZA only required a demonstration that the operation of a canine daycare/grooming service would not inconvenience the neighbors directly abutting the proposed location of the business. Citydog! Club said they had demonstrated to the Design Review Committee that abutting neighbors would not be adversely effected. In reply, City Dogs Daycare advocated consideration of the impact on the wider community.

An attorney for Citydog! Club said their zoning-related requests met the letter of the law. City Dogs Daycare had a different interpretation.

A representative of Citydog! Club said they would not consider renaming their business, which is part of a chain.

A proposal by Commissioner Jeremy Leffler (district 02) to send the matter back to the Design Review Committee for reconsideration went nowhere. It was determined that, by the time the Design Review Committee met, made a decision, and sent the decision back to the full ANC for another vote, CityDog! Club's hearing at the BZA would already have passed, rendering the activity pointless.

The vote

The motion to endorse the request for zoning variances and special exceptions failed on a tie vote of 4 - 4.

Commissioners voting to endorse the request: Sedrick Muhammed (district 03), Ricardo Reinoso (05), James Turner (09), and Tony Norman (10).

Commissioners voting against the endorsement: Marc Morgan (01), Jeremy Leffler (02), Juan Lopez (07), Zahra Jilani (12).

Commissioners Deborah Thomas (04), Emily Washington (08), and E. Gail Anderson Holness (11) were not present at the meeting.

Commissioner Dyana Forester (06) was present earlier at the meeting but had to leave before the vote due to a family emergency.

Next steps

The request by CityDog! Club will now proceed to the BZA without ANC1B endorsement. The BZA hearing is scheduled for February 4, at 9:30am, at the Zoning Commission's hearing rooms, located at One Judiciary Square, 441 4th Street, Room 220 South.

Meanwhile, on its anti-CityDog! Club Facebook page, City Dogs Daycare put out a request for ANC1B residents, especially residents of the mixed-used building where CityDog! Club is intending to set up shop (View 14, 2303 14th Street), to come forward and support its attempt to block CityDog! Club's petition before the BZA.

Citydog! Club First DC Location at 14th and Florida

A committee of Advisory Neighborhood Commission (ANC) 1B/U Street voted December 16 to endorse the request for zoning variances necessary for the establishment of a day-care service for dogs on the first floor of a mixed-use building at the corner of 14th Street and Florida Avenue NW. The recommendation of the Design Review Committee will now go to the full ANC for consideration at the next meeting in January.

CityDog! Club seeks to open here

CityDog! Club aims to set up its first franchise east of the Rockies at a building whose address was given variously at the meeting as 2301 and 2303 14th Street. However, the building also has humans living in it, so it needs a handful of zoning adjustments. Specifically, D.C. zoning regulations state animal shelters, animal boarding, and pet grooming establishment shall not abut a residential building. This case is somewhat unusual in that the abutting neighbors are not to the east, west, north, or south of the establishment seeking relief, but above it, i.e., the residents of the second floor apartments.

Presentation to ANC

A team lead by attorney Leila Batties of the law firm of Holland & Knight made the presentation to the committee. Also present were representatives of Citydog! Club and building owner-operator UDR.

Batties reported they had reached out to residents of the building five weeks ago. They had collected 105 signatures of residents saying they had no objection. This is 60 percent of the occupied units. Of the five apartments directly above the proposed canine day-care center, three had signed letters of support, and one apartment is vacant.

The presentation included a comprehensive summary of the planned business's layout and procedures. Half of the area of the business will be rooms for dogs to run around in. Ten percent is for canine sleeping and eating. There will never be more than 50 dogs on the premises at any time, and at most times there will be far fewer. Dogs may be dropped off for long or short periods, regularly or irregularly. Overnight boarding will be possible -- there will be staff on the property overnight to mind the dogs.

The two possible irritants for neighbors of this business will be odor and noise. The presenters demonstrated why they believe their business will be a good neighbor, meaning, the neighbors will not be subject to unpleasant smells or sounds.

Smells

Speaking about their experience opening the other branches, one presenter said: "What we learned is -- you can't be too clean."

The entire space will be cleanable and will be cleaned four times a day, the presenters said. Ventilation will be planned so that the air in the establishment will "turn over" eight to twelve times an hour. The presenters also showed  pictures of "Pet-o-Potties" (trade name: "PooPee Patches"), an indoor toilet for dogs. They are raised platforms with grass and a fire hydrant. Each dog "play room" will have one. These will be sanitized throughout the day and will drain directly to the sewer. The grass on the platform will be replaced monthly.

Sounds

The team brought along a sound consultant from the Polysonics Corporation to explain noise alleviation measures.

The consultant proposed a worst-case scenario. If the establishment was filled to capacity with 50 dogs and they were all barking continuously without stopping, the sound would probably be about 100 decibels (similar to the noise of a hand drill or a power lawnmover at three feet). The seven-inch-thick concrete slab between the first and second floors only alleviates sound up to 80 decibels. So, Citydog! Club will have an additional dropped ceiling, containing two layers of drywall and insulation. These measures taken together, the consultant said, would attenuate sound up to 100 decibels.

The representative of UDR pointed out that, because the company owns and manages both the residential and retail portions of the mixed-use building, it is in their interest to mitigate the noise as completely as possible.

The vote to support Citydog! Club's application was passed unanimously, with one abstention. 

CityDog! Club currently has two locations in the Los Angeles area, and one each in Dallas and Seattle. The first branch was opened two years ago.

The DC branch plans to employ 15 people, about half of them full time. Representatives of Citydog! Club said they planned to hire all staff locally.

The next meeting of ANC1B will be Thursday, January 2 9, 2014, at the Reeves Center, located at the corner of 14th and U Streets. CityDog! Club will want ANC1B's endorsement at that time so they will have it in hand for their scheduled hearing at DC's Board of Zoning Adjustment (BZA) on February 4.

(Photo credit: Google Street View)