At its public meeting on December 15, 2022, the DC Zoning Commission took proposed action, voting (3-1-1) as expected to approve a map amendment (rezoning) request by McDonald’s that would permit rebuilding the existing McDonald’s restaurant at 4950 South Dakota Avenue NE with a drive-through as a matter of right (Zoning Commission case no. 22-19). The existing restaurant does not have a drive-through. Zoning Commissioner Peter May opposed; one seat is vacant. Approval of map amendments require the Zoning Commission to first take proposed action before taking final action. The Zoning Commission is expected to take final action on this matter at its public meeting on January 26, 2023.

The requested action would rezone the property from MU-3A to MU-7B. According to the DC Office of Planning (OP) and counsel for McDonald’s, MU-7B is the lowest zone district that would permit building a drive-through as a matter of right. McDonald’s has made clear that it is only seeking this upzoning in order to build a drive-through as a matter of right. McDonald’s does not have any plans to build a mixed-use development or to maximize the allowable zoning limits at this site. (See FAQs provided by McDonald’s).

The restaurant is currently located in ANC single member district 5A03. Effective January 2023, the restaurant will be located in ANC 5A08 due to redistricting.

Public Hearing on November 28

The Zoning Commission held a public hearing on the matter on November 28, 2022. The question before the Zoning Commission was whether the rezoning request is “not inconsistent” with DC’s Comprehensive Plan (Comp Plan).

On November 18, 2022, the Office of Planning and the District Department of Transportation (DDOT) submitted their final reports. Office of Planning supported the rezoning request, while DDOT objected. OP’s report said that while the Comp Plan calls for pedestrian-oriented infill development along arterials such as South Dakota Avenue NE and discourages auto-oriented uses, “on balance” the rezoning would not be inconsistent because in a theoretical world, it would promote more jobs and more housing. (Everyone acknowledges that McDonald’s does not intend to build housing. No one addressed the automation that McDonald’s has introduced in its restaurants).

DDOT’s report recommended that the Zoning Commission consider a different zone allowing greater density, but one that would not permit building a drive-through as a matter of right because drive-throughs “negatively impact pedestrian safety” and “increase impacts to the transportation network.” DDOT’s report stated that DDOT was “in support of higher densities and mixed‐use potentials of the site to support adjacent Priority Bus Routes and generate foot traffic for nearby businesses.”

Following submission of DDOT’s report, several residents submitted letters in opposition for the record. (Disclosure: I submitted written comments for the record stating that the Zoning Commission should follow DDOT’s recommendation. I do not think drive-throughs should be permitted as a matter of right anywhere in the city. At a minimum, desires of McDonald’s headquarters in Illinois should not dictate planning decisions in this city). ANC 5A submitted letters in support of the rezoning, including one that was drafted primarily with the help of McDonald’s counsel and a strange “letter of continued support” submitted the day of the hearing.

During the hearing, it was apparent that Commissioner May would oppose the request. He is on record as generally not supporting drive-throughs in the city as a planning principle. He noted that DDOT plainly outlined why the request was inconsistent with the Comp Plan. Zoning Commission Chair Anthony Hood wanted to insist on not talking about intended uses, but Commissioner May noted it was impossible to analyze the matter without talking about the use. He pointed out a few times where testimony by those in support seemed to suggest that the request was inconsistent with the Comp Plan.

It was also clear that Chair Hood would support the request. He made curious statements throughout the course of the hearing, such as stating that he did not like all of the “late” comments that were submitted in opposition, though they were submitted by the deadline in the hearing notice. Based on ANC 5A’s strange letter of continued support, he chastised an incoming ANC 5A commissioner for submitting a letter in opposition, stating that that individual would have to work with his colleagues on ANC 5A, the majority of whom Chair Hood mistakenly thought would be returning commissioners. In fact, a majority of ANC 5A will be new commissioners. Chair Hood, who said he grew up around North Michigan Park, also recounted the story of a senior who resided in the neighborhood who would wait in her car at the McDonald’s until a young person would come along to ask them to go inside the restaurant to get her a senior cup of coffee. He said she should not have had to do that. He stated that nearby residents will need to accept and adjust to change. He even threw in the gratuituous mention of bikes.

DDOT did not have a representative at the hearing. OP official Jennifer Steingasser noted that she could not recall a time when the government disagreed with itself in a matter before the Zoning Commission. Some time was spent with the Zoning commissioners trying to get clarity on which zones permit drive-throughs as a matter of right, what the seating restrictions are for certain zones, which zones are consistent with the moderate commercial density designation in the Comp Plan’s Future Land Use Map (FLUM), and whether the MU-7 zone (described as permitting medium density mixed-use development in the zoning regulations) is consistent with the the moderate density designation in the FLUM. The Zoning Commission asked the Office of Planning to provide this information after the hearing, which OP provided in a supplemental report.

ANC Commissioner Emily Singer Lucio (5A03) testified for ANC 5A in support of the rezoning. In response to a question by Zoning Commissioner May, Commissioner Lucio said that the community supports a drive-through because South Dakota Avenue is unsafe to cross as a pedestrian so people in the neighborhood do approach the McDonald’s by driving. She said that the community does not want mixed-use development at the site. Zoning Commissioner May pointed out that driving to the restaurant (which customers are now and will continue to be permitted to do as there is a parking lot) is different from driving through. Counsel for McDonald’s asked Commissioner Lucio if there was ever any objection expressed to a drive-through during community meetings. Commissioner Lucio said that in her recollection, there were no objections expressed. (In fact, there were. And as Commissioner Lucio noted later in the hearing, she was not on the ANC when the matter first arose during the Comp Plan amendment process when the ANC originally voted to support a change to the Comp Plan’s Future Land Use Map in support of a future rezoning request).

North Michigan Park Civic Association president Carmen Williams also testified in support, stating a drive-through would be convenient and would be helpful for people with mobility issues. She said walking to the McDonald’s on South Dakota Avenue is fine (it is down the street from her house), but she said sometimes she bypasses the McDonald’s for one with a drive-through. Chair Hood asked her if she often leaves her neighborhood for this “business need,” to which she responded that she does because she has mobility issues and sometimes it is easier to go through a drive-through than getting out of the car and going into the restaurant to order. Chair Hood said that testimony solidified his support (though it was quite clear that he came into the hearing supporting this request, which is fine). Ms. Williams also said that North Michigan Park is opposed to a mixed-use development. She said residents do not want North Michigan Park to look like Riggs Park. Zoning Commissioner May had to point out to Ms. Williams that this is a permanent change to the zoning map. Everything that is permitted under MU-7B (including the maximum densities) would be permitted as a matter of right, not just the drive-through. Ms. Williams said McDonald’s has promised not to build mixed-use and that if they decide to do something different 20 years from now, she will be “dead and gone.”

Chair Hood and counsel for McDonald’s made several specious comments about racial equity. When a nearby resident called the invocation of racial equity to support a drive-through “hollow,” asking what about the negative environmental and health consequences for nearby residents, the majority of whom are Black, Chair Hood said he thought the resident’s arguments were hollow.

At the close of the hearing, Chair Hood characterized a drive-through at a McDonald’s as a “basic need.” He highlighted Zoning Commisioner May’s point that the zoning change would be permanent, but he said that McDonald’s knows what the community wants and that if they try to put in mixed-use, “we will fight you, North Michigan Park, they’ll fight you.”

In all, about what was expected from the hearing, even the most incredulous moments provided by Chair Hood and the ANC.

Public Meeting on December 15

During the December 15th public meeting, Zoning Commission Vice Chair Robert Miller voted to support the rezoning, stating he was giving great weight to the ANC and the Office of Planning. During the hearing, he noted he was originally reluctant but said based on the support from the ANC and the fact that Zoning Chair Hood supported it, he would support the rezoning. Mr. Hood noted several times throughout the hearing that he “knows” North Michigan Park and that he grew up there, and Vice Chair Miller stated at the hearing that he would defer to Chair Hood.

Zoning Commissioner Joseph Imamura said that the case gave him heartburn, but said he ultimately decided to support the rezoning because he thinks there could be a safe drive-through at the site and it was supported by the Office of Planning and the ANC.

Zoning Commissioner May reiterated his opposition. He stated there are reasons to support the rezoning such as (theoretically) more housing and more affordable housing, but noted that there was evidence that the primary reason this rezoning request was submitted was so that McDonald’s could rebuild with a drive-through. Acknowledging that drive-throughs can be convenient, he stated that he would prefer that the city no longer allow drive-throughs because of negative impacts to traffic and the environment.

Chair Hood voted in support. He said in doing his own research in this matter, he came across plans for bike lanes on South Dakota Avenue. (During a meeting of the North Michigan Park Civic Association meeting on December 7, 2022, at which Mr. Hood installed new officers for the civic association then left the meeting, president Carmen Williams asked meeting participants their thoughts about bike lanes on South Dakota Avenue).

Chair Hood stated it seems that everyone that wants a drive-through gets one. (He is mistaken). He stated that he thought that DDOT objecting to a drive-through that (allegedly) predominantly seniors will use, while planning to put bike lanes on South Dakota Avenue in a “middle-class, Black neighborhood” is “disrespectful” and that “he has problems with that.” Talking about pedestrian safety, he said pedestrians have to watch out for bikes in the Pennsylvania Avenue NW bike lanes and now DDOT is talking about putting bike lanes on South Dakota Avenue, “let’s get real.” He concluded that DDOT has its own plans for “this middle class, Black neighborhood,” and what they want to see in “somebody else’s neighborhood.”

That led to more discussion about bike lanes and drive-throughs. Commissioner Imamura stated that in his professional judgment, Commissioner May is not wrong about the environmental and traffic impacts of drive-throughs, but that against his better judgment he would support this rezoning request for a drive-through because the ANC and Office of Planning are afforded great weight.

Commissioner Miller stated that he strongly supports the city’s expansion of bike lanes. But, he said it will be interesting to see what happens when two lanes are removed for bike lanes on Connecticut Avenue NW when commuter traffic ends up in his neighborhood three blocks away because they “can’t move on Connecticut Avenue.” He stated that the city needs to equitably provide choices for both bike lanes and drive-throughs and healthy food options throughout the city. (He too appeared to operate under the mistaken belief that every business that wants a drive-through gets one).

Ultimately, the Zoning commissioners in support noted that great weight is afforded to the Office of Planning and the ANC. They all seem to think that things can be “mitigated” by DDOT.

Public Space Permit Process

It is unlikely anything will change between the date of the proposed action and scheduled final action. Once the rezoning is approved and if McDonald’s decides to rebuild, in order to actually put in a drive-through, McDonald’s will have to go through DDOT’s public space permitting process. DDOT does not have to approve a public space permit for a drive-through. Counsel for McDonald’s stated during North Michigan Park’s December 7th meeting that she suspects that DDOT wrote its report the way it did to signal that it will put up a fight during the public space process. She said she will return to North Michigan Park and the ANC for support for the public space permit.

In his remarks during the public meeting on December 15, Zoning Chair Hood stated that he hopes DDOT will not “throw up any roadblocks” during public space. As he said though, DDOT has the last word.

My thoughts

A reader told me this past summer when he saw me in person that my blog posts about this matter had become increasingly opinionated. That is true. Because I find this whole thing wild. From OP’s actions during the Comp Plan amendment process (inconsistently supporting a proposal for a drive-through for a McDonald’s but not supporting a church’s proposal for affordable housing on the same block on South Dakota Avenue) to the ANC to regrettable remarks by Zoning commissioners. All unsurprising because so much in this city is racialized (in sometimes mysterious, unfounded, and unfortunate ways leading to unfortunate but completely predictable consequences) and also driven by who knows whom, but still wild nonetheless. I will save my extra long opinion for a separate post, maybe.