A Few Background Posts on McDonald’s Zoning Issue

As noted in this post, McDonald’s recently submitted a request to the DC Zoning Commission for a map amendment to change the zoning for the square and lot encompassing the restaurant at 4950 South Dakota Avenue NE and the few businesses next door to the McDonald’s (Zoning Commission case number 22-19). Specifically they are requesting a change from MU-3A (which they say is consistent with a low density commercial designation) to MU-7B (which they say is consistent with a moderate density commercial designation).

I took a trip down memory lane and culled a few posts that I have written over the years regarding plans for the McDonald’s. I usually try to stay in my lane and not offer too many opinions on what is happening in North Michigan Park, but this has been a topic at many ANC 5A meetings over the years, so I happen to have several posts on the topic. (As an aside, it’s funny reading really old posts. I noticed in one post I sang the praises of how 311 works. My memory is hazy but I strongly believe I stated that based on my experience with great response times to 311 requests by DPW during that time. But I digress).

The question before the Zoning Commission is whether the requested zoning change is “not inconsistent” with the Comprehensive Plan. This passage from McDonald’s filing explains why they believe the change should be approved:

The proposed map amendment is not inconsistent with the Subject Property’s designation as a Neighborhood Commercial Center. As the Framework Element states, the Neighborhood Commercial Center designation is intended to allow additional development that complements existing uses. Accordingly, the proposed MU-7B zone will allow additional development on the Subject Property that can complement the existing commercial uses across South Dakota Avenue NE. Additionally, the proposed MU-7B zone will support additional neighborhood-serving commercial uses that can meet the day-to-day needs of nearby residents and workers by providing an enhanced commercial development. Moreover, the proposed map amendment will conserve the economic viability of the area by permitting additional commercial uses and by increasing the Subject Property’s development potential. The additional commercial uses and increased development potential will result in a more economically active use than that which already exists on the Subject Property.

ANC Single Member District 5A03 Meeting Tonight

ANC Commissioner Emily Singer Lucio (5A03) is holding a single member district (SMD) meeting tonight about the issue. McDonald’s sits in her SMD. Representatives for McDonald’s are scheduled to attend. Last night, North Michigan Park Civic Association (NMPCA) had a meeting where this issue was briefly discussed. It is clear that many people, including the ANC and civic association, need to get up to speed about where things stand as far as what McDonald’s requested in the past and what the ANC and NMPCA previously supported.

Background on Previous ANC Discussions

I probably should not even attempt to explain what has been going on, but my understanding is that the Future Land Use Map (FLUM) was updated during the most recent Comprehensive Plan Update process. Holland & Knight, representing the owner of McDonald’s, requested a change to the FLUM for the square/lot at issue from a low density commercial designation to a moderate density commercial designation. The Office of Planning (OP) recommended approval of that change. When the DC Council approved the Comp Plan Update, that change to the FLUM was approved. Now Holland & Knight is back to get the zoning change approved by the Zoning Commission.

Recall that the owner previously intended to file a planned unit development (PUD) application for the restaurant because he said he wanted to renovate the restaurant and add a drive-thru. My understanding is that NMPCA supported the owner in this endeaver. The owner proposed a couple of benefits for North Michigan Park residents like supporting NMPCA’s scholarship and backpack drive, among other benefits. Once the Comp Plan Update process was opened, however, the owner abandoned the PUD because (again my understanding) he could simply request a map amendment to change the zoning designation to make the changes to the restaurant and not have to worry about going through the PUD process. The owner committed to following through with his proposed community benefits to NMPCA even though he was no longer pursuing a PUD.

As we know, the Comp Plan Update was initiated precisely for this reason–not for this PUD specifically, but to unstick many proposed PUDs across the city that had been languishing. And while yes, people argued that the changes to the FLUM would not result in automatic zoning changes and that the changes still had to be approved by the Zoning Commission because the FLUM is not a zoning map, the intended result was clearly to pave the way to make it easier for these zoning changes to be approved so that going through the PUD process would no longer be necessary. (Aside, I actually spoke with a planner from OP when the Comp Plan Update process was getting started just to be clear about what the goal was and referenced this case of the McDonald’s foreshadowing abandoning the PUD. I asked OP if this is what they intended. No real answer provided, but it is clear this was going to happen and no one should be surprised. Also I know I sound dramatic in saying the owner abandoned the PUD but really I offer that description in a purely nonjudgmental, value neutral way. I digress again).

Below are some background posts. The most important one to view is the September 2017 meeting recap post, which explains that the ANC voted to support this change to the FLUM in order to support a future zoning change request to the Zoning Commission. In that post, I included the zoning change handout that was distributed during the meeting.

The discussion back then mentioned nothing about building housing and I do not think they want to build housing now (though there are plenty of people who believe that corner is a good candidate for mixed-use retail/housing). I suspect they want the higher designation to build on more of the lot, especially if they still wish to pursue a drive-thru (no comment on that), but I cannot say for sure. (Edited to add: I also do not know the intentions of the other business owners next to McDonald’s. From what I recall, they have largely been absent from this process though the zoning change request would impact those properties as well. Presumably, those owners could wake up one day and decide they want to put up a whole new building and they would separately have to go through a process to request a zoning change for those properties). In any case, view the ANC’s September 2017 resolution supporting the change to the FLUM.

The other thing I will note that came up last night is that OP did not support approval of a change to the FLUM from low density residential to medium density residential for the church property at Faith United Church of Christ nearby, so that requested change by the church was not approved by the Council in the Comp Plan Update.

I realize that some people feel like this zoning change request came out of nowhere and was done in secret. I do not make a practice of attending NMPCA meetings, so I cannot say how much input the ANC commissioner and NMPCA actually sought from residents back then. But this change was discussed at multiple ANC 5A meetings and the ANC & NMPCA did support it back then. And at a minimum, the ANC did not object to the proposed FLUM change during the Comp Plan Update process. Of course, people are allowed to change their minds, especially now that this has been languishing for a while. This is not my neighborhood, so I offer no thoughts about how the ANC should handle the request now before the Zoning Commission. At the very least though, I think having a basic FAQ sheet that can be distributed to residents in that area would go a long way towards helping the ANC decide how to respond to this request.

Met Branch Trail Brookland-Fort Totten Extension is Open

You might have already seen the celebratory posts on twitter last week indicating that the Metropolitan Branch Trail (MBT) extension from Brookland to Fort Totten is open. It is indeed something to celebrate. It is a short but very well done piece connecting those of us on the northern end of the trail near Fort Totten Metro station to points further south. It really does make the trip from Fort Totten to Catholic University, Brookland, & Edgewood feel a lot shorter. It is certainly more pleasant than some of the other routes I’ve cooked up over the years to get to the MBT further south.

I walked the trail earlier this week after work one evening. There are a few police cameras at regular intervals along this short extension, including one near the pedestrian staircase by Fort Totten Metro station. It seems like if there is an emergency on this portion of the trail, emergency vehicles should be able to easily pinpoint where the emergency is. I like the gooseneck lights and the treatment of the retaining wall near the northern part of the extension. I also like the fence treatment by the concrete plant which serves a dual purpose in screening the plant from the trail but also reducing the glare from the sun. Also, once the native plants get established, it should all be quite lovely.

Here are a few photos

Those of us approaching the trail from east of Fort Totten Metro station, south of Riggs Road NE have a few options to get to the trail. Galloway Street NE, Ingraham Street NE, and Kennedy Street NE all have pretty steep inclines, so you can just pick whichever hill you like best to get a little workout in and roll with it. Work is being done on the 3rd Street NE extension. That will be open in a couple months off Kennedy Street. From either one of those streets, one can get to the south side of Galloway, take the sidewalk around to 1st Place NE, and make a U-turn onto the trail. Alternatively, one can take the street on Galloway, follow the curve around to 1st Place, dismount to lift the bike over the curb, and then continue onto the trail.

3rd Street NE construction off Kennedy Street NE with temporary pedestrian path, May 2, 2022.

Also worth noting that the District Department of Transportation (DDOT) continues to work on other parts of the trail. The agency presented some initial ideas for the 8th Street NE connector from Monroe Street NE to the southern off-street portion of the trail. The initial thought is to have a two-way protected bike lane on the west side of 8th Street, a one-way northbound travel lane on 8th Street from Edgewood to Monroe, and parking that would switch sides along different portions of 8th Street. This is just an initial concept plan taking into consideration a bunch of factors, like all of the charter schools in that area, loading for the businesses along 8th Street, and impacts to parking for residents in the area. DDOT hopes to have the gap filled in time for the start of the 2022-2023 school year. Below are screenshots of just a few slides from the presentation. Comments can be sent to michael.alvino@dc.gov.

Work also continues on the Fort Totten to Takoma extension and the Blair Road to Piney Branch Road portion of the trail. Good news is that it looks like there is federal funding available to have part of the Fort Totten to Takoma extension that is currently planned to be on street moved off street to align more closely to the red line tracks.

I know the MBT was conceived long before I moved to Riggs Park, and the southern part of the trail has been open for a while. It is nice to now have the trail connected to this neighborhood and I am very grateful for the work of everyone getting this done, during a multi-year pandemic no less. Kudos to DDOT.

Reminder: Lamond-Riggs & North Michigan Park Mayor & Ward 5 Council Candidate Forums May 9 & 10 – Submit Questions by May 6

From LRCA & NMPCA

The Lamond-Riggs Citizens Association (LRCA) in conjunction with the North Michigan Park Civic Association (NMPCA) will host two virtual Candidate Forums in anticipation of the upcoming District elections.

Mayoral Candidate Forum
Monday, May 9, 2022
6:30PM to 8:30PM

Ward 5 Candidate Forum
Tuesday, May 10, 2022
6:30PM to 8:30PM

These virtual Candidate Forums will be hosted on Zoom and streamed to both Facebook and YouTube for your easy access. The sessions will be moderated and will feature pre-selected questions from members of our community. If you have a question(s) that you wish for the forum candidates to respond to, you may submit them in advance for consideration: 

To view the Mayoral Candidate Forum on Monday, May 9, or the Ward 5 Council Candidate Forum on Tuesday, May 10

https://us06web.zoom.us/j/88562218708?pwd=TmllTHlUL0phdUl3RlNoZzBodktOdz09

Meeting ID: 885 6221 8708

Passcode: 362936

Dial in by phone: (301) 715-8592

Watch on Facebook at https://www.facebook.com/lrcadc

Watch on YouTube at https://bit.ly/LRCAYouTube

Meetings regarding McDonald’s Request for Zoning Change

Sharing information provided by resident Robert Oliver

Dear Community,

There are two important meetings scheduled this week that you should attend. First, the North Michigan Park Civic Association (NMPCA) meeting is scheduled for May 4, 2022 starting at 7:00 p.m. It will be followed by the ANC 5A03 meeting scheduled for May 5, 2022 starting at 7:00 p.m.

Both meetings will address the rezoning of the McDonald’s lot from MU-3A to MU-7B. The lot is located at 4950 South Dakota Avenue, is 21,000 square feet, and is identified by the 3786/0001 square/lot designation.

Holland & Knight LLC is representing the McDonald’s Corporation in this effort. 

For those of you who are interested, here is a copy of the application.  The key sections to read follow:

·         Section III Existing and Proposed Zoning

o   A. Existing MU-3A Zoning, page 2

o   B. Proposed MU-7B Zoning, page 2

o   C. Comparison of Development Standards, page 3

·         Section IV Community Outreach and ANC Coordination, page 16

Please plan to attend both or either of these important meetings to learn more about the commercial development within our community.

NORTH MICHIGAN PARK MEETING:  

Virtual Meeting

Meeting ID: 882 7345 2110

Passcode 930240

Call In 1-301-715-8592

https://us02web.zoom.us/j/88273452110?pwd=dmZ3R1liOTRKY1FyS3hlYlBqWnBWUT09

5A03 SINGLE MEMBER DISTRICT MEETING: 05/05/2022 AT 07:00 PM

Join Zoom Virtual Meeting
Meeting ID: 897 1643 3242
Passcode: 716010
1 301 715 8592

https://us02web.zoom.us/j/89716433242?pwd=MnJwNGF2c1FiQStiaVp4T01JL0NXZz09

For more information, please contact the North Michigan Park Civic Association and/or ANC SMD 5A03.

April 27, 2022 ANC 5A Meeting Recap: A Few Development Tidbits

ANC 5A held its monthly public meeting on April 27, 2022. Commissioners present: Emily Singer Lucio (5A03) – Secretary; Diego Rojas (5A04); Ronnie Edwards (5A05) – Chair; Derrick Holloway (5A06); Sandi Washington (5A07) – Treasurer; Gordon Fletcher (5A08) – Vice Chair

DC Public Charter School Board (DC PCSB) was on the agenda, but no one from the board showed up at the meeting.

MPD Police Report (MPD 4D Lt. Patrick Schaut)

MPD did not have an update on the homicide that took place in the 5000 block of South Dakota Avenue NE on April 25, 2022. It is still under investigation. Police were called to the scene for a traffic crash and discovered that an individual had been shot. The few details available about that shooting are in the police release at https://mpdc.dc.gov/release/homicide-5000-block-south-dakota-avenue-northeast.

Continue to be vigilant about not leaving cars running unattended.

Car wheel thefts continue to be a problem across the city. (Note: MPD occasionally publishes tips on how to make it harder to steal car wheels).

Taylor Street NE Projects (5A03)

There are two condo projects by two different developers happening on Taylor Street NE – 824 Taylor (BZA case number 20648) & 828 Taylor (BZA case number 20678), which are currently vacant, semi-detached apartment buildings. Both developers were present at the ANC meeting to present. These projects border ANC 5B. The developers previously attended single member district meeetings of ANC Commissioner Emily Singer Lucio (5A03) and ANC Commissioner Colleen Costello (5B05).

The projects will require BZA special exception relief. The developers are proposing to tear down the existing structures and build completely detached condo buildings with a common staircase from the sidewalk to a common courtyard with entrances to each building off the courtyard. Residents in that area had previously asked if the developers could work together a bit to coordinate design so that there would not be two completely different looking buildings. They also asked the developers to coordinate construction and trash pickup to the greatest extent possible. Note there is another building in that row of apartment buildings on Taylor Street currently for sale.

824 Taylor

  • Eight 2-bedroom units, each approximately 900 square feet
  • 4 proposed parking spaces in rear (only 1 required under zoning)
  • Trash in rear
  • Opting into inclusionary zoning, will have one below market-rate unit
  • Bay element

828 Taylor

  • Eight 2-bedroom units, each approximately 850 square feet
  • 5 proposed parking spaces in rear (only 1 required under zoning), including 1 ADA compliant space
  • Trash in rear
  • Opting into inclusionary zoning, will have one below market-rate unit
  • Balconies

Someone brought up traffic concerns. (Note: DDOT submitted its reports on the projects after the ANC meeting. Looks like DDOT anticipates minor increase in vehicle, bike, and pedestrian trips, and impacts to on-street parking from these projects). The commissioners voted to support both projects. I was not able to get a final count, but sounded like one commissioner opposed and one abstained, but do not quote me on that.

Mayor’s Fiscal Year 2023 Budget (MPD Chief Contee)

DC Police Chief Robert Contee presented on Mayor Bowser’s FY2023 budget. (The director of the Mayor’s Office of Latino Affairs was scheduled to present, but Chief Contee took his place at the last minute). See highlights at http://mayor.dc.gov/release/mayor-bowser-presents-fiscal-year-2023-budget-proposal. See ward-specific investments at FY 2023 Ward 5 Budget Sheet.

Chief Contee mentioned the mayor’s proposed incentives for hiring and retaining more police officers, including incentives for housing. Currently there are roughly 3,500 MPD police officers. Chief Contee and Mayor Bowser state that the ideal number to serve DC is 4,000 officers. There is money proposed to hire over 300 new officers. With expected attrition, the mayor expects a net gain of about 47 officers. Chief Contee said it would be irresponsible to try to hire 600 officers at one time. I pointed out that there is already a housing incentive program for District government employees. Chief Contee acknowledged such a program exists and said this police-specific proposal could also help with rental housing as opposed to purchasing housing.

Commissioner Gordon Fletcher (5A08) brought up the orange hats again and asked if MPD officers would be willing to participate in community walks. Chief Contee stated that he would be willing to have police support communities in the manner that communities want. Some communities do not want police officers walking with orange hat-type community walks. Many of the commissioners present let it be known that they personally welcome having more police in the community.

In response to a comment that there are lots of police in this city if you count federal law enforcement, Chief Contee stated that when someone calls 911, MPD is the responding agency, not the Park Police, Metro Transit Police, or any number of federal law enforcement agencies present in the city.

In response to my comment that there should be a firm statement from the top that police need to respect the constituional rights of residents and that serving as an officer is a privilege that should come with certain values that are demonstrated every day, Chief Contee said he reiterates that message all of the time with cadets and MPD officers.

Ward 5 Council Report (Laisha Dougherty, Chief of Staff)

Ward 5 Councilmember Kenyan McDuffie is focused on finishing up the committee budget report for the Committee on Business & Economic Development.

Mayor’s Office Ward 5 Report (Ward 5 MOCR Nokomis Hunter)

Ward 5 MOCR Nokomis Hunter stated homelessness is down in DC based on the latest point in time count.

Mr. Hunter is planning an event with North Michigan Park Civic Association president Carmen Williams for May 12, 2022.

Commissioner Sandi Washington (5A07) raised the issue of many residents with housing vouchers being placed in the apartment buildings along Fort Totten Drive NE, where there have been a few shootings recently. Commissioner Washington stated that she had a walkthrough of the area with representatives from District government and that more needs to be done to provide services for individuals.

(I also asked about the extent to which DC government provides services to residents placed in housing through the rapid rehousing program. It is not realisitic tome to expect individuals to be able to pay market rent after 12 months.)

Miscellaneous

Commissioner Lucio will have an SMD meeting on May 5, 2022. On the agenda is the zoning change being requested by McDonald’s (along with a couple of other items). (The zoning case number for that matter is ZC 22-19. Details about the requested change are available in their application). If you are interested in attending, please reach out to Commissioner Lucio.

Commissioner Washington is in touch with the developer of the 1 Hawaii Avenue NE project to assist with relocation of residents as needed. The developer has reached out to nearby apartment communities such as The Modern and Brookland Ridge to assist with temporary relocation of residents. The residents must move from the Hawaii Avenue building by July 1. Commissioner Washington plans to invite the developer to ANC 5A’s May meeting.

Chair Ronnie Edwards (5A05) stated that some commissioners across the city are circulating a template resolution to get buy-in to request reducing the number of petition signatures required to run for ANC in the general election from 25 signatures to 10 signatures. Most of the ANC 5A commissioners present stated that they did not think getting 25 signatures was onerous, so it does not sound like the ANC will be bringing forth this issue for a resolution.

Finally, shoutout to Commissioner Lucio for spending her birthday at an ANC meeting.

Updated: LRCA Scholarship Applications Due May 10, 2022

Updated: The LRCA is giving students an extra day to submit applications. Now due May 10, 2022.

The Lamond-Riggs Citizens Association is accepting scholarship applications from graduating high school seniors who reside in Lamond-Riggs, attend a DC public school (traditional or charter), and who will attend college full-time in the fall. The application and guidelines are available at http://www.lrcadc.org/scholarships.

The Application Deadline is May 10, 2022. Please spread the word!

Lamond-Riggs & North Michigan Park Mayor & Ward 5 Council Candidate Forums – Submit Questions in Advance

The Lamond-Riggs Citizens Association (LRCA) in conjunction with the North Michigan Park Civic Association (NMPCA) will be hosting two candidate forums in time for the upcoming District election races in June.

Mark your calendar and plan to join in for both of these informative events.  This will be your chance to learn more about the candidates that hope to serve you as your elected District officials.

The District of Columbia Mayoral Candidate Forum
Monday, May 9, 2022
From 6:30PM to 8:30PM
The session will be conducted online via Zoom.  The session will also be streamed to both Facebook and YouTube.  Link and page information to come.

Ward 5 Member of the Council Candidate Forum
Tuesday, May 10, 2022
From 6:30PM to 8:30PM
The session will be conducted online via Zoom.  The session will also be streamed to both Facebook and YouTube.  Link and page information to come.

Submit questions for the candidates in advance at https://lrcadc.org/2022-lrca-nmpca-candidate-forum.