City Zoning Plan Aims to Make H Street `Attractive Destination'

Over the past year or so, the D.C. Office of Planning has been holding meetings in the community to develop a plan for the revitalization of the H Street NE corridor. The intent is "to help reestablish H Street as a safe, attractive destination offering a unique combination of neighborhood goods and services; places to live, work, shop, and eat; and settings for cultural enrichment and entertainment." At the beginning of this year, the Office of Planning released a draft plan that reflects the efforts of over 500 stakeholders—including residents, business owners, property owners, District agencies and investors—who participated in the planning process. The draft plan is available at http://planning.dc.gov/project/NE_Corridor/index.shtm.

The draft plan calls for several distinct, but interrelated, districts along H Street NE. Closer to Union Station, the plan calls for apartments and condos that would be convenient to public transportation and would bring more potential shoppers to support businesses on H Street. The area from 7th Street to 12th Street along H Street NE would be a shopping district under the plan. The shopping district would focus on neighborhood retail businesses like bakeries, dry cleaners, florists, tailors, beauty salons, barbers, small family restaurants, coffee shops, and other shops that could be supported by the surrounding neighborhoods. From 12th Street to Bladensburg Avenue, the revitalization plan calls for an "Arts & Entertainment" district. This area would be anchored by the H Street Playhouse, the R.L. Christian Library, and the Atlas Performing Arts Center, and would host a variety of cafes, restaurants, art galleries, small shops, and studio spaces.

To maintain momentum in improving H Street, the two Advisory Neighborhood Commissions (6A and 6C) that cover H Street have scheduled joint meetings to hear from the public and to discuss possible zoning changes for H Street. The idea is to remove obstacles and create incentives in the zoning code for the revitalization of H Street. If there is agreement between the two ANCs, a proposal will be sent forward to the D.C. Zoning Commission.

To help the readers of the Corner Forum understand what the meetings are about and encourage their involvement, I have written up some questions and answers about zoning and the H Street NE corridor:

What is zoning anyway?

Zoning is a set of regulations that establish zones where different land uses and building forms are allowed. In addition to the uses (residential, commercial, industrial, etc.) allowed in each district, the zoning code controls how tall buildings can be, how much of a lot a building can cover, how much parking must be provided for various uses, and other aspects of building form. Zoning is supposed to promote "the public health, safety, morals, convenience, order, prosperity, and general welfare."

If a development meets all the requirements of the zoning code, then it is allowed as a "matter-of-right," meaning that there is no public forum for review. If a development falls outside the allowed uses or otherwise varies from the zoning code, then the developer has to get a "special exception" or a "variance" from the Board of Zoning Adjustment. Getting one of these waivers to the zoning code involves public hearings, and provides an opportunity for affected neighbors to speak out directly or throughthe ANC about whether the waiver will have a negative impact on light, air, noise, traffic or other factors.

The zoning code can be a little hard to understand, but it is important because it controls the uses and types of buildings in our city. It also determines the level of involvement that neighbors have in the development of specific sites. You can learn more about zoning at the Web site of the D.C. Office of Zoning at http://dcoz.dc.gov.

Why does zoning matter on H Street NE?

According to the Office of Planning, there are about 230 commercial and retail buildings on H Street and an additional 54 vacant lots. About one-third of the storefronts and almost half of the upper floors are vacant. Because zoning controls how sites can be used and how big buildings can be, the existing zoning may discourage some of the uses envisioned in the revitalization plan, or the existing zoning may not create enough incentives to bring new businesses to the corridor.

What zoning changes might happen on H Street NE?

First, parts of the corridor could be up-zoned to allow taller buildings and more coverage of each lot. This is more likely in the area closer to Union Station to allow multistory apartment buildings and condos with ground floor retail. For the areas closer to us, the Office of Planning is not recommending any changes to the existing zoning districts, which currently allow buildings up to four stories that cover up to 60 percent of their lots.

Second, an overlay zone might be applied. An overlay zone builds off the rules of the underlying zoning, but provides additional incentives or restrictions to meet the goals of the neighborhood. In the shopping district, an overlay could be used to require ground floor retail and to create additional incentives for retail and commercial businesses to locate on the corridor. These incentives could be a little extra density for certain uses or some extra lot coverage. In the Arts & Entertainment district, an overlay could be used to provide density bonuses to arts-related uses, or for re-use of existing buildings. (Density bonuses allow for more building on a site for commercial or residential purposes.)

An overlay can also be used to create design standards that ensure that new development is pedestrian- and neighborhood-friendly. For example, the overlay could require parking to be located behind buildings, that service areas be screened, and that buildings face and have entrances from the sidewalk. An overlay zone can also create opportunities to review projects that may have an adverse impact on the community.

Who decides what zoning changes get made?

The D.C. Zoning Commission makes the final decisions, but the proposals can come from the ANCs, the Office of Planning, civic associations, or even private citizens. The Zoning Commission is a five-member commission with appointees by the Mayor, the Architect of the Capitol, and the National Park Service. The Zoning Commission holds public meetings and hearings to decide if changes to the zoning map or regulations should be adopted.

How does the Zoning Commission decide to accept zoning changes?

First, zoning changes have to be consistent with the Generalized Land Use Plan for the whole District and should advance planning objectives of the District or community. Second, the zoning changes have to be reasonable. Third, the zoning cannot be so confiscatory that it takes away all the economic value of private property. Fourth, the zoning must be uniform in that it applies equally to all properties within a zone.

What are some of the issues and uncertainties involved with H Street zoning?

One issue is what level of public involvement is appropriate for decisions about individual sites along H Street. In general, the idea is to be clear enough in the zoning code and overlay so that matter-of-right projects end up being consistent with the community's vision for development on H Street. It would be impractical to have a public review process for development of every site, but there are going to be some instances where the public needs to be involved because of an adverse impact on the surrounding neighborhood. The challenge will be to find a balance so that the community has an opportunity to comment on projects of concern, but developers are not afraid that every project will be bogged down with a long review.

A second issue is rehabilitation of existing properties versus demolition and new construction. Part of the charm and appeal of H Street is related to the older buildings along the corridor. There will be new construction along the corridor on vacant lots, but also on lots that currently have older buildings. How do we decide which buildings are worth keeping and which can be replaced? Also, how do we make sure that the new buildings respect the surrounding neighborhoods and are friendly and inviting to pedestrians?

A third issue is related to which types of businesses should get incentives, which should require waivers, and which should be prohibited. In a commercial zone, many commercial uses are permitted. These include uses such as stores, banks, barbers, newsstands, and many others. In the Arts & Entertainment district, for example, we need to decide which related uses should get a bonus (art galleries? cafes? bookstores?). We also need to decide which uses should require special exceptions (gas stations? pool halls? auto rental? fast food?). Finally, we need to decide if any uses should be prohibited (car washes? outdoor storage?). This process is a way for the community to list what kinds of neighborhood businesses it wants to encourage or discourage. (Note that existing businesses are grandfathered, and do not have to leave just because the zoning changes.)

A fourth issue is that zoning changes may be necessary, but not sufficient, to create a pedestrian and neighborhood-friendly commercial corridor. There are many issues and concerns that fall outside of zoning such as public safety, liquor licenses, marketing of businesses, street parking, and investment to bring existing buildings up to code. At best, zoning changes create a set of rules and procedures that make it more likely that future development will be consistent with the revitalization plan. However, there will still be a lot of work on other issues that needs to happen for the plan to be realized.

How can I get involved?

There are two more joint meetings of the ANCs on this topic:

• Thursday, May 22, 2003 from 7-9:30 p.m. Miner ES (Enter 600 block of 16th Street NE). This is a joint zoning committee meeting. The purpose of this meeting will be to forward zoning recommendations to a joint ANC meeting based on deliberations of the zoning committees and informed by community input.

• Wednesday, June 25, 2003 from 6:30-9 p.m. Capital Children's Museum (800 3rd St. NE). The purpose of this meeting will be for the ANCs to make joint recommendations on any necessary changes to the zoning on H Street NE based on community input.

You can also contact your ANC Commissioner directly. §