Posts about Zoning Commission
Preservation
Preservationists ask to shrink 3rd Church replacement
Historic preservation staff want to remove 2 floors from the proposed building that will replace the Brutalist Third Church of Christ, Scientist and the Christian Science Monitor building at 16th and I in downtown DC.
Responding to pressure from preservation groups and the Historic Preservation Office (HPO), the owners shrank down their original proposal to one with very little visible bulk beyond any other building on 16th Street, but HPO is recommending that the Historic Preservation Review Board (HPRB) reject anything larger than the typical building size along the street.
The current structure is a small octagonal church that turns its back to the street, a larger office building, and a brick plaza in between. In 2008, the church asked to raze the building and build a new, larger combined office building and church on the site. They said that the building was too hard to heat, too expensive to light, and poorly suited to their needs as a congregation.
In one of DC's most controversial preservation cases, the HPRB rejected the application, since the church had been designated as historic. The owners appealed, and Mayor Fenty asked planning director Harriet Tregoning to personally sit as the Mayor's Agent, which hears such appeals. Using the broader discretion available to the Mayor's Agent, she granted the raze, but only once the owners present a new design that gets past historic and other review.
Separately, the church and developer also reached a settlement with the DC Preservation League where they gave $450,000 for DCPL's operations preservation programs involving religious properties in exchange for DCPL ending their fight against the project, the staff report notes; other groups such as the Committee of 100 continued to oppose razing the structure.
Earlier this year, the developers working with the church proposed an 11-story building with ground floor retail, offices above, and a church space on the first 3 floors at one end. Since the buildings along 16th have cornices at 90 feet above the street, they designed a building with its own cornice line slightly below that height. Behind and set back, a glassier structure would rise to the higher point.
This building would still not be as tall as the adjacent one to the west on I Street, which falls into a different zone and isn't part of the historic district.
At a community meeting with residents of the Dupont and Golden Triangle area a few months ago, people were generally enthusiastic about the proposal. Architect and former HPO staffer Michael Beidler suggested some ways to set the upper portion back slightly more to create more separation.
Last month, however, the designers presented a different and significantly smaller proposal. Staff of the Historic Preservation Office (HPO), and some of the groups that opposed the original raze, opposed having a building taller than the 90 feet prevailing along the street. In response, the architects shrank the top portion to a single extra floor, set significantly back and only minimally visible from anywhere outside.
In their staff report, HPO rejects even that proposal. The report argues that on 16th Street, it is not historically appropriate to allow any buildings over the prevailing 90 foot size. A few buildings have penthouses, but not ones with space for people to use, and the report seeks to draw a firm line there; if this building can even have a single floor of occupiable penthouse, then the St. Regis hotel will want a rooftop restaurant, it says, and several other buildings will likely follow suit.
The property owner's argument is also more difficult in that they're looking to exceed zoning, though in legally permissible ways. In the typical preservation density dispute, staff want to restrict a building far more than the zoning permits in that area. Here, the owners want to rezone the property from SP-2 to C-3-C as well, which would give greater flexibility, and also to seek a Planned Unit Development, where the Zoning Commission reviews the project in exchange for even more flexibility.
Still, if successful, HPO's action has consequences for the city far beyond the look of the street. To take away the top 2 floors whe moving from the original proposal to what the owners call the "compromise" proposal, they reduced the interior space from about 14,000 to 10,000 square feet, they said during a presentation. At a typical rule of thumb of 250 square feet per office, that would cut 152 potential jobs from downtown DC. HPO's recommended limits would squeeze that further.
Jobs are the centerpiece of Mayor Gray's agenda, and one prerequisite for jobs is space. Already, many companies DC would love to attract, like technology companies, have trouble finding affordable office space compared to the suburbs or other cities.
Downtown, in particular, is the best place for jobs because it already has the transportation infrastructure to move more people in and out than in any other part of the region. It has the restaurants and the office supply stores and more. Plus, residents of many neighborhoods don't want too many office buildings coming into their areas; Dupont residents fought for decades to prevent the neighborhood from completely changing into an office-only extension of the Golden Triangle, for instance. Jobs, and space for jobs, downtown reduces the pressure elsewhere.
To me, the original concept doesn't look out of place in downtown. The grand avenue leading to the White House would be just as grand, if not grander, if buildings flanking it had slightly taller sections behind the main cornice lines that more closely matched the buildings right off 16th.
The report makes a good point that it would be better to set limits for the entire street, rather than piecemeal. However, this debate should more properly be part of a zoning discussion. If piecemeal rezoning a block of an SP-2 district to C-3-C is inappropriate, then it should be inappropriate in an SP-2 zone not subject to historic review. The Zoning Commission has the power to decide whether this should be a C-3-C PUD or just a standard SP-2; they should properly make that decision, not HPRB.
If this were already C-3-C, or if the Zoning Commission decides to rezone it, then a building of this size isn't inappropriate. The report makes repeated reference to provisions in the Comprehensive Plan about preserving the "historic, majestic, and beautiful" avenues, but an avenue can still be all of these things with buildings scaled to downtown.
The developers have some legitimate gripes about this process. They were originally scheduled for an HPRB meeting on May 3, but HPO did not issue its staff report by the Friday before the meeting, as usual. That forced them to postpone the project since there would not be enough time to respond to the staff report, said Sylianos Christofides, a principal at ICG, the project's developer.
In the meantime, the Dupont Conservancy, which initially endorsed the "compromise" approach, reversed its position between the two meetings. They say that ICG changed the project, warranting re-review, but Christofides insists they made no changes. Disclosure: I am a member of the Conservancy and was present at the meeting where the project first came up, but not at the second one.
This process also misses opportunities to create a more appealing building. When applying for the raze, the developers insisted that they would replace it with a top-quality building; I wrote that "HPRB now has a chance to shape some excellent architecture at this site."
The church entrance will have an interesting faceted glass arrangement (which hopefully would not be too hard to clean), but the rest of the building, while perfectly reasonable for an office building (and far better than some of the concrete boxes nearby), isn't especially interesting either. Instead of pushing for more significant architecture on the rest of the project, HPO has focused on just asking for a smaller building.
A grand avenue might have been better served by a building which stands out for its detailing and architectural quality instead of just having to get smaller so as to fade away and not impinge upon the consciousness. In past eras, the grand avenue leading to the White House was a place for notable and visible buildings, not invisible ones. Sadly, our preservation process has more recently evolved into one that tries to make each building as close to nonexistent as possible rather than truly great.
Update: Rebecca Miller of DCPL emailed in with additional information about what the $450,000 payment will fund:The fund is to be used towards educational and outreach programs related to religious properties and mid-century modernism. The fund will also have a grant component to which congregations will be able to apply to the fund for bricks and mortar money or other projects such as research etc.
Miller was concerned that when I wrote "DCPL's operations" it sounded like that was to fund staff or office space and so forth. That was not my intention and I have updated the post.
Zoning
Is DC's zoning update "too timid"?
Below is my testimony at this morning's oversight hearing on the Office of Planning.The Office of Planning has worked diligently over 4 years and hundreds of public meetings to develop a new version of DC's zoning code. Yesterday, I posted on Greater Greater Washington about the most significant changes. Reactions online voiced significant concerns about these new rules.
For example, numerous commenters expressed displeasure at the proposed policy to allow corner store type establishments in residential zones, subject to a great number of restrictions on hours, number of employees, trash, and quantity of other nearby businesses. Matthew Yglesias, a Ward 6 homeowner who writes the Moneybox economics column for Slate Magazine, wrote a blog post criticizing the new rules as well.
You've heard a number of objections to this rule today. But there is a big difference. Yglesias did not think the corner store rule shouldn't go into effect. Instead, he called it "too timid."
The commenters who weren't pleased with the rule were not opposed to the corner stores, but rather felt that limiting their hours to closing by 7 pm is too restrictive. One Twitter response linked to a Far Side cartoon which showed a new type of retail, the "inconvenience store," with all products on shelves too high to reach.
Yet another expressed surprise that corner stores in residential zones were illegal at all in the District; that comment's author hadn't realized that, perhaps because of their prevalence in historic neighborhoods like Georgetown.
Read these comments, and you would get the impression that we need substantially fewer zoning regulations. Read a few of the postings on some neighborhood listservs, and you might conclude that each individual change in the zoning code will bring mass destruction upon the neighborhoods of the District.
A blog's commenters are not fully representative of the residents of DC. Nor is a neighborhood listserv, nor the citizen Task Force advising on the rewrite, and certainly not the witness list at today's hearing. All, however, provide insight into one of many facets of the DC population and their views.
Decisions about the zoning rewrite should factor in input from as many residents as possible, even This zoning code will move DC forward in many ways. Or, in truth, it will actually move DC backward, but in a good way. The biggest changes in this zoning code actually return DC to policies it had before 1958, when our most treasured neighborhoods, like Capitol Hill, Georgetown, or Petworth grew into the form they have today.
Corner stores, garage apartments, alley dwellings, and buildings not surrounded by large parking lots are all characteristics of DC's most historic neighborhoods, which at a stroke the 1958 code made illegal. This code reverses that, and adds some 21st century touches like the Green Area Ratio.
However, I do think many elements of the current draft proposal are indeed "too timid."
I do think many of the restrictions in the draft are appropriate, and disagree with Yglesias on the specific one (cooking of food and grease traps) he was objecting to. OP has tried hard to balance stakeholder interests on a very contentious issue.
I understand that in at least some cases, OP officials have met privately with various opponents of the zoning rewrite, and made specific changes to exempt some zones from some changes in an attempt to appease those opponents.
I have no objection to OP meeting with anyone who wishes to talk with them, but I would prefer to see OP propose a zoning rewrite which they believe is the best policy for the District and in harmony with the Comprehensive Plan, regardless of who may or may not oppose it. After all, we have hardly yet heard the views of most DC residents on these changes.
This hearing, of course, is about the performance of the Office of Planning, not the merits of the zoning code. I believe the staff on this project have handled its great complexity with aplomb, and if I have any complaint about the agency's performance, it only comes if and when they have felt restrained from putting forth the zoning code they believe to be right. Let them do so, and then let the Zoning Commission hear from residents and judge the merit of each proposal.
Development
Georgetown ANC ignores democracy to fight campus plan
Later today, several commissioners from Advisory Neighborhood Commission 2E will present a 35-page report on the Georgetown University 2010 Campus Plan to the DC Zoning Commission. But the ANC never voted on the report, and some of its own elected members didn't see it until it was filed.
The ANC already has significantly influenced the Campus Plan and steered the DC Office of Planning's own recommendations on the issue. This new report further tries to discredit efforts Georgetown University has made to satisfy neighborhood complaints.
This drafting process fails to meet the principles of transparent and accountable government, and stands in opposition to the stated goals of the ANC.
ANC 2E first became publicly involved in the campus plan discussion in January, when it hosted a town hall at the Duke Ellington School. Representatives from the ANC, the local neighborhood associations, and the university were present to discuss the plan and to solicit feedback and comments from community members.
Following this town hall, select members of ANC 2E drafted a 16-page resolution on the campus plan. After discussion at the ANC's March meeting, the resolution passed. It has subsequently had significant impact on the Office of Planning's review of the campus plan, which surprised many by recommending cuts in Georgetown enrollment if it doesn't house 100% of students on campus by 2016.
As an elected representative to ANC 2E I opposed that resolution, but nonetheless felt satisfied with the process. All voices on the matter were heard, and I was able to make the views of my constituents clear via my vote in opposition.
The same cannot be said of the supplementary report that was released last week, and which goes before the Zoning Commission today.
The supplementary report never appeared on a public agenda nor was it ever put to a vote. Despite being very engaged with the campus plan, and despite being a member of ANC 2E's town-gown committee, I only became aware of the existence of this report when it appeared on The Georgetown Metropolitan.
I asked ANC 2E chair Ron Lewis how it was that this report carried the full letterhead and endorsement of ANC 2E despite not having been voted upon. He referred me to a resolution passed in October 2010 (before my election) that reads:
Be it resolved by Advisory Neighborhood Commission 2E, that whenever a resolution or recommendation is adopted by the Commission that relates to a particular matter that is or will be before an agency, entity or instrumentality of the District of Columbia Government or of the United States Government, any Commissioner, or any one or more of them, or any successor thereto, who in each case has voted in favor of the resolution or recommendation so adopted, may represent the Commission before such agency, entity or instrumentality with respect to such matter. Further, any such Commissioner, with the approval of the Chair or in the Chair's absence, the Vice Chair, of the Commission, may authorize any other person to represent, assist in representing, or temporarily represent the Commission, in each case on a pro bono basis without fee, before such agency, entity or instrumentality with respect to such matter.This resolution as usually applied has many positive and practical applications. The ability to have commissioners present before other government bodies on the thinking of the commission ensures that those bodies understand the ANC's position. It allows for clarifying questions that might otherwise be missed.
However, Lewis has clearly gone beyond the the intent of the resolution by creating a supplemental report over twice the size of the resolution it is augmenting, and which covers several new issues.
The report primarily attempts to discredit new initiatives Georgetown University instituted in response to community concerns. These programs include a late-night shuttle between campus and M Street, a daily trash collection service, and a significant increase in the number of reimbursable police details in the community. The report also addresses several of the points that GU made in its rebuttal statement, filed in July.
The original ANC 2E resolution does not address these programs or the the rebuttal statement because they did not exist at the time it was drafted. It is clear that the November 8th report is not in fact supplementary to anything, but is rather its own, original report. It does not clarify established positions, but rather establishes new positions about new issues.
Considering this fact, it is disappointing that the leadership of ANC 2E did not feel as though a public vote was justified. One of the best aspects of the ANC system is that it supports direct connection to the community. Constituents should always feel as though they have viewpoints heard. In the case of this supplementary report, that clearly isn't what happened. Instead, this report has been created in a completely non-transparent manner that undermines its authority.
It is my hope that Zoning Commission will consider the non-democratic drafting process behind the supplementary report as it reviews this case. Going forward, it is also my hope that ANC 2E will uphold the promise of the ANC system, and be more transparent and open in its proceedings.
Education
OP wants 100% of GU undergrads on campus by 2016
Yesterday, the Office of Planning issued its report on Georgetown University's ten year campus plan. It recommends some severe and surprising restrictions on the university, including a demand that GU house 100% of undergraduates on campus by the fall of 2016.
GU's proposed campus plan would cap its traditional undergraduate enrollment at 6,652. In addition, it asks to increase its overall cap of undergrads plus graduate students to 15,000. They originally proposed 16,133, but pulled it back in its pre-hearing submission. This would represent an increase of approximately 1,000 students.
OP supports GU growing its overall numbers of students, but with only graduated increases. The reports calls for the total to remain at current numbers for the next two academic years. In 2013 it would rise by about 500; afterwards, if GU meets certain conditions, the total would rise by another 500 or so.
If GU is mildly perturbed about the overall cap conditions, they're probably livid about the undergrad requirements. OP wants GU to house 100% of traditional undergrad students in GU housing by the fall of 2016. This would also be phased in.
The university previously agreed to build an additional 250 beds on campus by the fall of 2014. On top of that, by the fall of 2015, OP calls for GU to house 90% of its undergrads in GU housing. By the fall of 2016, the requirement is 100%.
If GU doesn't meet that requirement, OP wants GU's undergrad cap to be cut annually by 25% of the difference between the cap and the number of beds until it meets the 100% mark.
That additional GU housing also can't be built east of 37th Street. That's where the campus gate lies, though the campus boundary is farther east. No housing can be in the 20007 zip code, other than on the campus and behind the gates.
I believe there are about 1,500 GU undergraduates not living in GU housing. That means that after GU adds the 250 that it has already agreed to, it would need to build roughly an additional 1,250 beds by 2016.
GU would have a couple options to satisfy this. First, it could find space for more beds behind the gates. One idea I've heard was to build a dorm on top of Leo dining hall, but I don't know if that is feasible. Second, GU could buy housing for its students outside the 20007 zip code: in other words, in Rosslyn.
All in all, this is a pretty devastating report for GU and I am simply floored by it. But there are still a lot of "ifs." Most critically, while the Zoning Commission is often deferential to the Office of Planning, there's no guarantee they'd go along with this severe a proposal. One factor that is definitely not an "if" is the question of what happens if the Zoning Commission adopts OP's report: years of litigation.
GU appealed the last campus plan decision, and ultimately won. Further, while the courts have rejected various universities' claims that student caps violate the DC Human Rights Act, the court hemmed and hawed a bit before reaching that conclusion. The court might reach a different conclusion if presented with these more severe conditions.
Either way, this is a huge bombshell in this battle, and it fell squarely on GU.
Government
Our public input processes are "flawed"
Public bodies from the DC Council to boards like the Zoning Commission are configured to value most highly input from people who show up in person. But this excludes many people with day jobs or family responsibilities. We need to fundamentally reexamine some basic assumptions about public input.
At last week's redistricting hearing, Marion Barry criticized me for bringing the results of the Redistricting Game to the Council. Despite having over 100 Ward 8 residents participate, he felt that it wasn't representative of the views of Ward 8:
Did you ask the economic status of each person? Did you ask the educational level of each person? This whole thing is flawed. ... I was trained as a research scientist. I know good research techniques and tactics. ... Your study is a good one, but it's not scientific enough. ... As far as Ward 8 is concerned, the information is flawed. Seriously flawed.
Mike DeBonis explained the primary motivations at work here. In short, Barry probably wants Near Southeast redistricted into Ward 8 to give him a role in the booming development in that area.
But Barry is right about one thing: The Redistricting Game was not scientific. It's not an opinion poll which tries to accurately estimate the views of all residents. But since when does the Council ever use opinion polls to make decisions?
They don't. Instead, they listen to people who testify, people who schedule meetings with them, and to a lesser extent people who email, call, or write letters.
Barry did listen to those present. He brought in a number of people to testify about extending Ward 8 west of the river; some, as it turned out, didn't even live in DC. Far fewer than 100 people from Ward 8 testified at this hearing, but Barry didn't claim their testimony was "flawed" because it's not scientifically representative.
Later, he noted that nobody from Near Southeast had yet testified at the hearing, and therefore there must be no opposition. Is that scientific?
About 30 people testified at the hearing, and their views should be listened to. But they're not necessarily representative either. The people who filled out the Redistricting Game are also a set of residents who expressed their preferences, and the Council should consider them as it would any other set of suggestions from any other not-necessarily-representative group of 4,000 residents.
It's easy to take potshots at Barry, and regardless he's unlikely to get his redistricting wish. But there's a larger point. Why do we accept our current model of civic engagement as the right one?
It gives a much louder voice to people who want to take the time to attend hearings, which are often in the middle of the day. It gives priority to those who can afford to spend 4 hours or more on a single development project, a single bill, or a single zoning change.
That favors people who are retired, or people paid to lobby for issues, or people who feel particularly strongly about a single narrow subject.
The Zoning Commission has been holding many, many hearings on the zoning rewrite, with few participants at some of the hearings. Geoff Hatchard, Ken Archer, CSG's Cheryl Cort, DC Sierra Club's Bradley Green, and I testified recently for accelerating the parking location zoning change, and Zoning Commission member Peter May complimented everyone on attending. I'm glad we could, but this also points out how such a turnout is somewhat unusual.
Few people can go to all of the zoning hearings, or even more than a few. It's tough to get people to go to a zoning hearing on, say, changing waterfront zoning when they have no objection to the changes, when the changes won't have much of a visible effect on development, and they are likely to sail through.
The people who testified at last week's HPRB hearing on the Hine school represented those who felt so strongly they wanted to take an entire afternoon off to talk about the project. HPRB hearings happen in the middle of the day, and typically take all day. Items have start times on the schedule, but those are very approximate. I've spoken at the HPRB and had an item come up hours after it was scheduled.
I've gone to testify at the Board of Zoning Adjustment, another board with daytime hearings, and seen the mid-morning item I was there for moved to the afternoon (or moved to another day entirely). DC Council hearings have started hours late. Sometimes the chair of a council committee has moved the government witness to the beginning, instead of at the end as is usual, and talked to that witness for 2 hours or more while the public witnesses waited patiently.
Many residents of Capitol Hill think the Hine project doesn't need to get shorter, or should even be taller, but they didn't go to the hearing. Some had jobs which prevented it. Does that mean their views don't matter?
There are some advantages to a process which favors those who care about an issue. If you just poll people, a lot of folks don't know much about an issue at all and are making snap judgments on little information. Decisionmakers shouldn't necessarily hold every resident's opinion exactly equal.
But the current system goes much too far. There's little value in giving a voice only to people who can spend 4 hours in the middle of the day waiting to speak for 3 minutes.
What to do? One step is for decisionmakers to listen to other channels as well. Montgomery County at-large councilmember Hans Riemer does by listening to people on Facebook, and found drastically different views there versus in person at a hearing on the Silver Spring skybridge. DC councilmember Tommy Wells uses Twitter, sending his own tweets and reading his own Twitter feed.
That's a step, but not the end of the story either. These channels privilege people who spend a lot of time sitting around on Twitter and Facebook. That's not representative either, though when combined with people testifying in person, it adds breadth.
It'd be great to develop a good channel for leaders to hear more views from poor and minority communities, and add that to their cognitive understanding of what residents want. Wells took a meaningful step by conducting a "listening tour" about bus service in wards 4, 5, 7, and 8, but there's much more that can be done.
Elected officials try harder to hear more views because they want the votes. Unfortunately, not only do our formal boards and commissions not generally use these channels, but many can't. You can tweet @TommyWells during a hearing to suggest questions, but there's no @CatherineBuell account for the HPRB chair.
Even if there were an @AnthonyHoodZC account, the Zoning Commission chair would be breaking rules against "ex parte" communication. Just like judges, Zoning Commission and BZA members are not allowed to hear comments on cases except through the official hearing or formally submitted letters of testimony.
Sure, there are reasons for this. A body making a legal determination is required to do so based on a public record, and so the comments have to go into that record. But these rules also mean that the commission is limiting its input in ways that result in an incomplete view of residents' opinions.
Could the Zoning Commission legally set up a @DCZoningCmsn Twitter account, where messages appear on commissioners' smartphones or on screens behind the dais during the hearing, and which also go into the official public record, for example? To get people on the other side of the digital divide, are there ways to make it easier to submit comments on cases beyond sending formal and time-consuming letters or faxes?
The boards should be seeking more ways to get input while still keeping their responsibility to have a public record, and elected officials should look for opportunities to hear from a broader range of people. As a first step, both elected officials and appointed board members should acknowledge that while holding hearings is a valuable part of getting input, relying on it alone is very much "flawed."
Development
GU campus plan changes target zoning board, not neighbors
Georgetown University's neighbors have continued to push back on its campus plan, and the university made some changes. But it's clear that at this point, Georgetown has stopped trying to win over the neighbors and is instead aiming at the DC Office of Planning and body that really has to approve the changes, the Zoning Commission.
There's more to the changes than a few simple tweaks. The changes would:
- Add 250 beds to the main campus by the fall of 2014, or if they can't build more dorms on campus, they'll locate these beds outside of the residential sections of the 20007 zip code.
- By Dec. 31, 2013, move 1,000 students in the School of Continuing Studies to satellite locations.
- Reduce the total proposed student cap from 16,133 to 15,000.
- Build no more parking spaces on campus.
- Agree not to hold convocations on the newly covered Kehoe Field.
There has been a lot of teeth gnashing around the Internet since these changes were proposed, but much of that frustration appears to stem from people misunderstanding the context of the situation.
I think GU stopped seriously trying to win over the neighbors and the ANC a long time ago. As soon as it became clear that the anti-GU groups were not going to accept anything but a significant reduction of students living in the neighborhood, the school appeared to play to a different audience: the Office of Planning and the Zoning Commission.
After all, those are the primary parties that will decide the fate of the campus plan. The Zoning Commission will be the party actually deciding it, but it will be greatly influenced by the Office of Planning.
This represents a change from ten years ago. Back when the last GU campus plan was submitted, it was the Board of Zoning Adjustment that decided the case.
And the BZA actually ruled against GU during the first go-round. In 2001, it approved the campus plan by modifying it to set an enrollment cap at the 1990 levels. GU appealed, and in 2003 the DC Court of Appeals overturned the BZA decision and sent it back for rehearing.
The second time the BZA heard the case, it swung dramatically back in favor of GU. Much of this has to do with the fact that the minutes of the original hearing were not well kept, so there wasn't much of a factual record for the court or the second BZA to rely on; GU successfully blocked CAG's attempt to add to the record the second time around. Second, the BZA had a different composition by the time it heard the case again. The second BZA review resulted in, among other things, GU having the higher undergrad cap it requested and no overall cap.
But a lot has changed since that original battle. First of all, the power to approve campus plans was shifted from the BZA to the Zoning Commission, for several reasons. One, the Zoning Commission is generally viewed as having more expertise than the BZA. Two, the Zoning Commission is viewed as having a broader perspective on matters.
The second factor is pretty important: It went somewhat hand-in-hand with another major change over the past ten years: the adoption of the comprehensive plan. The comprehensive plan is the plan that is supposed to govern all development in the city. It has a specific section on universities and neighborhoods, and it's not particularly great for GU. Among other things, it states:
The campus plan requirement provides a formalized process for community input on a range of growth-related issues. They are an important tool to proactively address issues that may be of concern to the neighborhood and limit campus expansion into residential areas. However, most of the city's colleges and universities are engaged in ongoing discussions with the communities around them.Additionally it states:Frequently raised issues include the need for student housing, the loss of historic buildings, the compatibility of proposed campus structures with nearby residential areas, and the loss of taxable land associated with university growth. Campus plans have responded to these concerns in a number of ways, such as increasing building intensity on-site to avoid the need for land acquisition, development of new dormitories, and implementation of numerous programs to manage parking, traffic, noise, and other environmental impacts.
Looking forward, the development of satellite campuses is strongly encouraged to relieve growth pressure around existing campuses. In addition to accommodating university growth, satellite campuses can provide new job and educational opportunities for District residents and help revitalize local shopping districts...Even the section acknowledging the need for colleges to grow follows up with a statement discouraging schools from adversely affecting neighborhoods. All in all, the comprehensive plan is not terribly favorable to GU's position.Encourage the growth and development of local colleges and universities in a manner that recognizes the role these institutions play in contributing to the District's character, culture, economy, and is also consistent with and supports community improvement and neighborhood conservation objectives. Discourage university actions that would adversely affect the character or quality of life in surrounding residential areas...
Encourage the provision of on-campus student housing in order to reduce college and university impacts on the housing stock in adjacent neighborhoods.
So that all brings us back to GU's changes to its campus plan. As stated above, I don't believe these changes have anything to do with trying to appease the neighbors. That's not going to happen. I believe, however, that these changes are about appeasing the Office of Planning. From what I understand, if OP comes down on the side of the neighbors, GU will be facing a steep uphill climb to get a plan anything like what they proposed.
The move towards satellite campuses and dorms is an acknowledgement that that is the favored course under the comprehensive plan. So in that sense, GU is lobbying past the neighbors and straight at OP, and in turn, the Zoning Commission.
But it's not all lobbying. GU also throws in an explicit threat. On the topic of student enrollment caps, they write:
Given the clear prohibition under the District of Columbia Human Rights Act against discrimination in housing based on matriculation, see D.C. Code § 2-1402.21, the University views any enrollment cap as a significant concession. Moreover, as the District of Columbia Court of Appeals stated in 2003: "we are of the opinion that the imposition of an enrollment cap at least approaches (if, indeed, it does not cross) the line between the exercise of legitimate zoning and land use authority and an ultra vires intrusion upon the University's educational mission."What GU doesn't state is that the court then immediately went on to say:
We therefore consider it imperative that, in order to justify a freeze on enrollment under the circumstances presented here, the BZA must make reasonably detailed underlying evidentiary findings in which it specifically identifies the need for continuing the 1990 cap and describes in non-conclusory terms the manner in which the retention of the cap would protect the residents of the adjoining communities.This gets back to the record issue mentioned above. In other words, the BZA hearings were sloppily handled and the Court of Appeals had no evidence of what the BZA's opinion was based upon. Given that situation, it's no surprise it slapped the BZA down (and it's also no surprise that the BZA was stripped of its authority to review campus plans).
Moreover, GU doesn't mention that in that same Court of Appeals decision, the court specifically ruled that the DC Human Rights Act does not invalidate the zoning code. Additionally, the cour refused to base their rejection of the enrollment cap on the DC Human Rights Act.
Yet despite this massaging of the case law, it's clear that GU is threatening litigation. And hey, it worked out for them last time, so who could blame them?
Between the changes, the lobbying, and the threatening, it's safe to infer that GU thinks that the cards are stacked against it. Depending on where you stand, you may think that's great or you may think that's unfair, but either way, GU's campus plan recalls significant past decisions.
Cross-posted on the Georgetown Metropolitan.
Preservation
Want to be on some DC boards?
Mayor Gray has to fill 5 of 9 slots on the Historic Preservation Review Board in the near future. He will also have two appointments to make to the Zoning Commission and two for the Board of Zoning Adjustment.
Some seats have people whose terms have expired; Gray could reappoint some of the current members of any of these boards, or not. Other seats are currently vacant.
The Committee of 100 has submitted some suggestions for the HPRB. Several of these are actually pretty great people who I'd welcome having on the Board, so don't necessarily draw negative conclusions from a name appearing there.
Still, why not you?
The biggest reason you might not want to do this is time. These are big time commitments. The HPRB meets for an entire Thursday, once a month, and members also ought to take some time on their own to go visit properties on the agenda and familiarize themselves with the area.
The Zoning Commission meets most Mondays and Thursdays for an entire evening, and I believe there's considerable offline work there as well for members to read submitted testimony and supporting materials. The BZA meets on Tuesdays during the day for most of the entire day.
However, all of these are important roles for DC. HPRB makes significant decisions about what changes are and aren't "compatible" with historic districts and landmarks, and decides whether to designate properties. The Zoning Commission decides how to change the District's zoning maps and laws, and reviews large Planned Unit Developments (PUDs) and campus plans. And the BZA grants exceptions to zoning rules.
For the HPRB, there are four members with expired terms: one architect, one historian, and two citizen members. A number of preservation groups sent a letter to Mayor Gray asking him to prioritize professional qualifications (for the members from certain professions), ability to put in the necessary time, a balance between new members and keeping some for continuity, geographic and demographic diversity within the city, and "competence, interest, or knowledge in historic preservation."
These are good criteria. Having Catherine Buell from Anacostia chair HPRB has added some helpful variation in perspective. Professional architects and historians do add a lot to the discussions. Members who can't visit the sites or show up for meetings are just occupying scarce slots without adding value.
And while preservation has its controversial cases, there is a fairly broad consensus that it has improved many neighborhoods. A good HPRB member shouldn't want to permit any change regardless of historic impact, nor should they choose to block everything on the grounds of historic compatibility. The right balance is in the middle, and good members would seek to reach that balance.
On the Zoning Commission, Chairman Anthony Hood's term has expired, and the DC Council last year refused to confirm a nominee from Mayor Fenty to replace him. They were concerned that all of Fenty's nominees were developers, and wanted a more community-oriented point of view. In addition, Greg Selfridge, Fenty's other recent appointee, was just finishing out an expired term and is up for reappointment or replacement.
The Commission requires members willing and able to delve into the details of development proposals or potential zoning amendments to judge their effect on the District as a whole and on nearby residents in numerous ways. As with the other boards, some balance is necessary, to weigh the value of growing our population, adding jobs, and fostering retail against the reality that any project more immediately affects its neighbors.
The BZA is a more legalistic body, applying specific criteria for the granting of variances and special exceptions. Some of the criteria are more objective, but others, like judging whether a change is averse to the public interest, involve qualitative judgment. The BZA has one vacancy currently, and another member's term has expired.
Interested in any of these? You can apply for a board or commission appointment directly with the DC government. And if you do, or are thinking about it, send your resume over to us at info@ggwash.org as well. We'll take a look, and might send a good word along to Mayor Gray about you.
Parking
Streetscape-draining front parking lots may soon be out
Proposed zoning rules that require putting parking spaces to the side of or behind a building, instead of in front, may become law this year, perhaps quickly enough to influence some big box store plans that are in the works.
New developments that put their parking in front significantly diminish the pedestrian environment. They also make it less appealing for other, adjacent projects to address the street, creating a vicious cycle away from an active streetscape, while new buildings with their parking in the rear start a cycle in the opposite, positive direction.
Because of this, DC's Comprehensive Plan calls for locating parking behind or underneath buildings. Actually, the zoning code already requires parking for residential development to be either behind, to the side, or in a garage, but commercial uses can place it anywhere, resulting in stores with large front parking lots in walkable areas or areas that could soon become walkable.
The zoning rewrite proposals include changes to codify the parking location rules for commercial projects as well. Unfortunately, the zoning rewrite is still potentially years from being complete, and projects are going forward now which will lock in bad urban design for decades or more.
In testimony on the parking rules, a number of us asked the Office of Planning and the Zoning Commission to accelerate this specific piece, writing it into the current zoning regs while we wait for the complete overhaul.
OP has now proposed a text amendment to do just this, and submitted it to the Zoning Commission. The commission will then review the proposal and schedule a public hearing, likely in March. If they approve it, there are then various steps (proposed action, final action, publication in the DC Register, and so on), but it's possible these changes could become part of the DC zoning code by mid to late summer.
That may nto be early enough to affect the Aldi, but there are lots more commercial development projects in various stages that will catch fire as the economy improves. Putting the zoning in place now will ensure that the next development boom isn't destructive to neighborhoods' walkability.
Government
NCPC plans to be more open
The National Capital Planning Commission is working on an Open Government Plan, to "increase transparency, public participation, and collaboration."
You can vote on their various ideas at an interactive site. Ideas include putting online more of the plans that are under review, live streaming meetings, creating an online platform for people to collaboratively suggest changes to plans, and using more social media.
NCPC is one of many boards in DC which review proposed projects. Each group has varying levels of openness for various elements of the process. I'd like to see all project review boards strive for a basic level of transparency for all of their decisions:
- Post submissions soon after they are received, including images, maps, etc.
- Post dates of meetings and meeting agendas
- Post staff reports and recommendations
- Post comments that have been received from government agencies and ANCs
- Provide an online mechanism for people to submit comments
- Post comments that have been received from individuals
- Broadcast meetings via Web audio or video
- Provide an online archive of prior meeting audio/video
- List the body's vote and order quickly after the conclusion of the meeting
These are the boards that review projects and have some approval or disapproval power:
- The Board of Zoning Adjustment (BZA) and Zoning Commission (ZC), both of which are managed by the Office of Zoning (OZ)
- The Historic Preservation Review Board (HPRB), for historic properties and districts
- The Public Space Committee (PSC), for curb cuts, sidewalk cafes, and other items in public space
- The National Capital Planning Commission (NCPC), for projects that touch on the federal interest
- The Commission on Fine Arts (CFA), for Georgetown and projects abutting certain federal areas
How are these boards doing today?
| BZA/ZC | HPRB | PSC | NCPC | CFA | |
|---|---|---|---|---|---|
| Post submissions |
|
|
|
|
|
| Post agendas |
|
| Email1 |
|
|
| Post staff reports | N/A2 |
| N/A2 |
|
|
| Post agency/ANC comments | *
|
|
|
|
|
| Receive emailed comments |
|
| Unclear |
|
|
| Post individual comments |
|
|
|
|
|
| Stream audio/video |
|
|
|
|
|
| Archive audio/video |
|
|
|
|
|
| Post actions |
|
| Email1 |
| Very slowly |
2 The BZA, ZC, and PSC do not have staff reports on projects. However, the comments from individual government agencies like the Office of Planning and DDOT serve to fill a similar role.
When I last wrote about this a bit over 2 years ago, Sara Bardin from the Office of Zoning said they are working on a system to post BZA and ZC cases online, and would launch in FY2010, which ended last summer. Someone from OZ said they are still working on it and have it working internally, but it's not yet available for the public. I've emailed the project manager to find out more.
As for NCPC, you can vote on their open government ideas and submit your own until March 11.
- Successful speed cameras require fair speed limits
- Amid scandal, don't lose sight of Gray's policy achievements
- Montgomery plans 160-mile, "gold standard" BRT system
- Bethesda gets new but terrible bike racks
- DC's parks are 5th best in the nation, says "Park Score"
- VDOT ignores own data, pushes widening I-66
- DC's divide need not be black and white
Greater Washington
District of Columbia














