McDonald’s Upcoming Rezoning Case: DDOT & Office of Planning Reports Reach Different Conclusions

The Zoning Commission hearing for McDonald’s, located at 4950 South Dakota Avenue NE, is scheduled for November 28, 2022 (Zoning case number 22-19). Recall McDonald’s is requesting a map amendment (rezoning) that would upzone the property to the MU-7B zone solely for the purpose of replacing the existing restaurant with a two-story McDonald’s with a drive-thru as a matter of right. It currently does not have a drive-thru. I have written plenty of treatises about this matter already; I will add links later. See FAQs McDonald’s previously provided about the project.

The District Department of Transportation (DDOT) and DC’s Office of Planning (OP) both submitted reports today, with DDOT objecting to the map amendment request and OP supporting it.

Link: DDOT Report

Link: Office of Planning Report

DDOT writes:

DDOT has reviewed the Applicant’s request and determined that based on the information provided, the Applicant intends to construct a new fast‐food restaurant with a drive‐through, which will be a by‐right use if the rezoning is granted. DDOT discourages construction of drive‐through lanes since they negatively impact pedestrian safety and increase impacts to the transportation network. Therefore, DDOT objects to this Map Amendment application since the Applicant does not intend to increase existing uses or density on the site, and is using the rezoning solely for the purpose of adding a drive‐
through.

Instead, DDOT recommends the Zoning Commission consider a different zone, with similar densities to the MU‐7B, but which does not include a drive‐through by‐right. DDOT is 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.

DDOT goes on to provide traffic analysis and requests, should the property be redeveloped in the future.

Contrary to DDOT, OP uses a lot of pages analyzing this case from a completely fictional standpoint, as if there is a world in which McDonald’s intends to put a mixed-use development on the property or in which McDonald’s ever had that goal in mind when they submitted a proposed Comp Plan amendment to the Office of Planning way back when. OP would probably say that is what they are supposed to do, pretend as if they have a blank slate before them.

But the fact remains McDonald’s stated very clearly when it submitted a proposed amendment to the Comp Plan several years ago that its goal was and always will be trying to put in a drive-thru, something it has been trying to do since at least 1982. That’s it. Nothing about increasing density or seeking any of the other benefits of upzoning.

Unclear why OP completely fails to acknowledge this fact to conclude that the rezoning application “on balance” is not inconsistent with the Comprehensive Plan. Actually, it is clear. I would say the Zoning Commission should ask OP to address that question head on, but the Zoning Commission and OP will likely both contend that intended or actual uses do not matter when considering rezoning applications because neither OP nor Zoning want to give an inch in their goal to stem the litigation that had been holding up development projects prior to the Comp Plan update.

I had been waiting to see how DDOT and OP would handle this case in their final reports. I will write more next week, but for now I will just say DDOT got it right and OP got it completely wrong. OP will likely never admit that they should not have supported McDonald’s proposed amendment to the Comp Plan’s Future Land Use Map (FLUM) that paved the way for McDonald’s to submit this application (when OP rejected a similar upzoning amendment proposal from the church next door during the amendment process that would have made it easier for the church to build affordable housing as a matter of right as it has been trying to do for years). And honestly if the concern is about how to drive more traffic to the McDonald’s (no pun intended) so that it is financially viable for them to remain in the neighborhood (which seems to be the driving concern here), then OP and other officials can offer other ways to help McDonald’s do that without supporting McDonald’s desire to put in an actual drive-thru.

It will be interesting to see what the Zoning Commission decides.

Instructions on how residents can testify at the hearing or submit written testimony for the record are in the Hearing Notice.

A Beacon of Hope Long Overdue

By Robert Oliver, resident in North Michigan Park

RRFB installation at 8th and South Dakota Avenue NE. Photo credit: Robert Oliver

A Rectangular Rapid Flashing Beacon (RRFB) is being installed at 8th Street and South Dakota Avenue NE. A partial installation began over the weekend, and it will be completed next weekend, October 8, 2022. 

A traffic light was requested more than four years ago to ensure the safety of a visually-impaired resident. This individual regularly takes the bus to shop for necessities. Over the years, crossing South Dakota Avenue has become more dangerous as drivers have often cursed this individual as he crossed the street. 

What began four years ago as a simple request quickly bogged down. This saga began with 311 Service Request 18-00271668 issued on May 28, 2018. A follow-up request, 20-00296711, was issued on August 26, 2020. Relief for the blind pedestrian was sought in both service requests.

Over the following months, DDOT was pursued to address the installation of a RRFB. DDOT responded on March 11, 2021, citing its study that the volume of pedestrian usage and crash data did not justify RRFB installation. However, DDOT did install pedestrian pylons. Also, pedestrian signs had been installed at 8th and South Dakota, including north and south of the interserction. Lastly, advance warning signs also had been installed.

At this point, an enterprising neighbor had had enough. Despite working with DDOT, the local ANC, and the North Michigan Park Civic Association, little had been accomplished. So, this neighbor collected one hundred signatures in support of a traffic signal for the blind resident. He even shot several videos in which first-hand accounts of how dangerous South Dakota Avenue had become was discussed. Click here to see one.

After this campaign and a fatal accident just a few blocks away on South Dakota Avenue and Ingraham Street NE, we now have the RRFB. 

I am glad that DDOT has approved the RRFB installation, but is should not take four years to address an obvious problem – that cameras alone cannot manage speeding along South Dakota Avenue. More needs to be done.

October 2: Listening Tour with Ward 5 Council Candidate Zachary Parker

Zachary Parker won the Democratic nomination to represent Ward 5 on the DC Council. Ahead of the general election in November, he is holding a Ward 5 neighborhood listening tour. On October 2, 2022, at 6:00 pm, he will hold a virtual listening session for neighbors in the Fort Totten, Lamond-Riggs, Michigan Park, and North Michigan Park neighborhoods.

Register at the link: Zachary Parker Ward 5 Listening Tour.

Clarence Lee, Jr. is the Republican nominee for the Ward 5 Council seat.

September 10: Riggs Park/Michigan Park Reunion Event

The annual Riggs Park & Michigan Park Reunion event will take place this Saturday, September 10, 2022, from 12:00 pm to 7:00 pm at Fort Circle Park (South Dakota Avenue NE & Galloway Street NE).

The event is pretty popular so expect a lot of cars and traffic around the park during this time.


From the event organizer

14th Annual Riggs Park & Michigan Park Reunion

Saturday September 10th, 2022 @ Fort Circle Park. South Dakota Ave & Galloway Street NE

Time: 12pm to 7pm

Free food & sodas while it last!

Feel Free to Bring your own food and non-alcoholic drinks.

Enjoy a Day of Family Fun, Food, Games, Music and Activities for Children.

Tents are permissible and lawn chairs are highly recommended!

Not Allowed
– Grills
– Alcohol
– Sales of any kind
– Parking in alleys behind residences

Tonight September 7: North Michigan Park Civic Association Meeting

I do not usually post North Michigan Park Civic Association (NMPCA) meeting notices on the blog, but I know there are new residents who find the blog from time to time and do not realize that they live in the North Michigan Park neighborhood (generally Gallatin Street NE south). Please contact NMPCA president Carmen Williams at carm8954@aol.com to be added to her distribution list to receive meeting notices.

From NMPCA

North Michigan Park Civic Association 

Meeting Agenda

September 7, 2022

7:00 pm

Virtual Meeting

Meeting ID 882 7345 2110

Passcode 930240

Call In 1-301-715-8592

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

Unfortunately, no face-to-face meeting at the NMP Recreation Center – Recreation Center new hours of operation close at 8:00 pm

  • Call to Order
  • Opening Prayer – Silent
  • Roll Call of Officers

President – Welcome Back from Summer Break

  • NMPCA Summer Highlights
    • Community Day Event – Jointly with Michigan Park 4 Life & DPR
    • Back to School Supply Give-a-Way
    • Community Bulk Trash Pick up
  • Reports
    • MPD
    • MPD Liaison
    • Ward 5 Councilmembers Office
    • Mayor’s Office
    • Department of Recreation

(NEW) Resident Spotlight –   September 2022

  • Dr. Debralee Kellog – Primary Care Physician

North Michigan Park Civic Association 2022 Scholarship Recipient

  • Ciara Hargrove – University of Hartford

Community Updates

September Event-

  • NMPCA Membership Enrollment Month
    • Membership is $10.00 per person annually
    • Mail payment to P.O. Box 29181, Washington, DC 20018
  • Community Clean Up – World Clean-Up Day Jointly with Brandon Butler w/ Bookings
    • September 17, 2022 10:00 a.m. to 1:00 pm (1333 Emerson St NE, Washington, DC 20017)
    • Meet at the Recreation Center
    • Focus –
      • South Dakota Ave from Gallatin to Sargent Road
      • Gallatin Street from 6th Place to 16th St

October Upcoming Event –

  • NMPCA and LRCA host a Councilmember at Large Candidate Forum
    •  Thursday, October 13, 2022
    • Community Questions deadline – September 23, 2022
    • Email to nmpcivicassoc@aol.com
  • Reports contd.
    • ANC Commissioners
    • 5A02- Charles Lockett        
    • 5A03-Emily Lucio
    • 5A08- Gordon Andrew Fletcher
    • Faith United Church Report and Close Out with Prayer
  • If you would like to be a Resident Spotlight or know someone we can spotlight, during the monthly meeting contact Carmen Roberts-Williams 202-841-5256
    • Guidelines
    • You Must Reside in North Michigan Park

Adjourn

Neighborhood & ANC Email Lists

Summer is winding down and that means community meetings are starting up again. Fun times!

Now is a good time to make sure you are on the distribution list for your neighborhood and Advisory Neighborhood Commission (ANC) so that you can stay abreast of meeting notices and neighborhood happenings.

Also, other elected officials and District government agencies have email lists to which you can subscribe if you like getting lots of information in your inbox.

Lamond-Riggs

  • The Lamond-Riggs Citizens Association (LRCA) meets at 7:00 pm the 1st Monday of each month from October to June.
  • Coverage area is generally east of Fort Totten Metro red line tracks, from Galloway Street NE to Underwood Street NE/NW.

You can easily join LRCA’s distribution list by filling out the form at the bottom of the organization’s website at https://lrcadc.org.

North Michigan Park

  • The North Michigan Park Civic Association meets at 7:00 pm the 1st Wednesday of each month from September to June.
  • Coverage area is generally from Gallatin Street NE to points south.

To join NMPCA’s distribution list, email NMPCA president Carmen Williams at carm8954@aol.com.

NMPCA is having a public meeting tonight September 7.

ANC 4B

  • ANC 4B meets at 7:00 pm the 4th Monday of each month except July, August, and December.

ANC 4B does a nice job of posting meeting notices & information on its website at http://anc4b.org.

ANC 4B also has a number of committees. Meeting notices for those committees are posted on the ANC’s website.

Commissioner Alison Brooks (4B08) has a single member district (SMD) distribution list. Email her at 4B08@anc.dc.gov.

I understand the ANC is putting together a distribution list.

ANC 5A

  • ANC 5A meets the 4th Wednesday of each month except July & August.

To join ANC 5A’s email list, you can either –

(1) Email ANC 5A Secretary Commissioner Emily Singer Lucio (5A03) at 5A03@anc.dc.gov.

OR

(2) Fill out the contact form on ANC 5A’s website at https://anc5a.org and say you wish to be added to the ANC’s distribution list.

Individual commissioners have their own distribution lists as well, so I recommend reaching out to your commissioner to find out if they have an SMD distribution list. I know that these commissioners have SMD distribution lists:

  • Commissioner Damion McDuffie (5A01) – email 5A01@anc.dc.gov
  • Commission Emily Singer Lucio (5A03) – email 5A03@anc.dc.gov
  • Commissioner Gordon Fletcher (5A08) – email 5A08@anc.dc.gov

I have not inquired about other commissioners in ANC 5A, so feel free to reach out to your commissioner to ask.

Also, Commissioner Lucio helpfully posts notice of her SMD meetings on ANC 5A’s website so you can also look for her meeting notices and minutes there. Commissioner Lucio is having an SMD meeting tomorrow September 8.

Ward 4 Councilmember Janeese Lewis George

Councilmember Janeese Lewis George distributes a weekly newsletter chock full of information. Sign up at https://www.janeeseward4.com/newsletter.

Ward 5 Councilmember Kenyan McDuffie

It looks like Councilmember Kenyan McDuffie distributes a biweekly newsletter. Sign up at https://kenyanmcduffieward5.wpcomstaging.com/newsroom.

DC At-large Councilmembers & DC Council Chair

Each of the DC At-large Councilmembers and the DC Council Chair distribute a newsletter.

DC Muriel Mayor Bowser & District government agencies

If you find yourself often having questions about certain District government agencies, it is a good idea to subscribe to the distribution lists for those agencies. Visit mayor.dc.gov to subscribe to newsletters and email updates for Mayor Bowser as well as a long list of District government agencies. You can also subscribe to individual agency newsletters by visiting the agency’s website.

DC MOCRS (Mayor’s Office Liaisons)

DC mayor office liaisons (known as MOCRs) typically have a distribution list. There is regular turnover in the MOCR office, as each MOCR typically serves around two years. Reach out to your Ward 4 or Ward 5 MOCR to be added to their list.

Metropolitan Police Department (MPD)

The police department has a google group for the Fourth District.

McDonald’s on ANC 5A agenda tonight

Just a reminder that McDonald’s map amendment (upzoning) request will be on ANC 5A’s meeting agenda again tonight (Zoning Commission case number 22-19). McDonald’s is seeking the upzoning in order to build a new restaurant with a drive-thru at its current location at 4950 South Dakota Avenue NE. The existing restaurant does not have a drive-thru. A zoning change is needed to put in a drive-thru. The ANC tabled a vote at its May meeting with the intention of taking a vote on the matter tonight. DC’s Office of Planning (OP) and the District Department of Transportation (DDOT) have not provided official comments just yet, but DDOT did ask McDonald’s to conduct a queue analysis.

(Note, I previously covered this issue in these posts.)

I am not sure how the ANC will handle this vote. I have lots of thoughts about all of this, but I will just say the idea of upzoning solely for a drive-thru is truly fascinating and an interesting use of the comprehensive planning amendment process to me. Especially so because OP rejected making changes to the Future Land Use Map (FLUM) for the church property next door to the McDonald’s when the church had been trying for some years to build affordable housing on its property. In any case, I still remember how a prior version of moveDC discussed making South Dakota Avenue NE more hospitable to pedestrians and bike riders. I also still remember how much people talk about how much they hate car traffic on South Dakota Avenue. I am really curious to see how District agencies thread this needle on this. I hope that if the ANC votes to support this rezoning request as they did a few years ago, that they will really really work with DDOT and the Department of Energy and the Environment (DOEE) early and often to make this as painless as possible instead of just talking about preserving the neighborhood character of North Michigan Park.

As a reminder, here are some FAQs provided by McDonald’s. Since some residents at a prior meeting were aghast at the thought of a two-story McDonald’s (kitchen would be on second floor, dining on first floor), it is worth noting that even without the zoning change, McDonald’s could build a two-story building today. In addition, here is a presentation from McDonald’s from a prior ANC meeting.

Tonight June 1: North Michigan Park meeting on McDonald’s Rezoning Request for a Drive-Thru

The North Michigan Park Civic Association (NMPCA) is holding a meeting tonight on McDonald’s map amendment (rezoning) request that is being pursued in order to replace the existing McDonald’s restaurant at 4950 South Dakota Avenue NE with a new two-story restaurant with a drive-thru. If you live in that area and care about this, plan to attend. Also reach out to NMPCA president Carmen Williams to be added to her distribution list if you are not receiving emails from the NMPCA. Her email address is carm8954@aol.com.

At the ANC 5A meeting on May 25, 2022, the ANC tabled the issue at the request of Ms. Williams and ANC Commissioner Charles Lockett (5A02) so that they could hold meetings with their constituents. The McDonald’s sits in ANC single member district (SMD) 5A03, represented by ANC Commissioner Emily Singer Lucio (5A03), but it is across the street from ANC 5A02 and a couple of blocks from ANC 5A08. The ANC plans to take up the matter again at its June meeting. Counsel for McDonald’s anticipates that a Zoning Commission hearing will be scheduled in the fall in either September or October. The ANC hopes to be able to take a vote at the June meeting and prepare a report since the ANC takes a summer break in July and August.

McDonald’s presentation from the May meeting, which includes a simple rendering, and other documents related to the request are available on the ANC’s website under Documents→Presentations→2022→May 2022→McDonalds. Edited to add: They will replace the renderings that are currently in the restaurant. At the meeting, the owner said the plan is to have the kitchen on the second floor; there would not be any seating on the second floor. This would allow them to have a building with a smaller footprint. He said that currently, the food is cooked in the basement of the restaurant and brought up to the first floor. Also, counsel stated that the District Department of Transportation (DDOT) has asked McDonald’s to perform a queue analysis. In keeping with what they previously planned, they said they plan to remove the curb cut on South Dakota closest to Delafield Street.

(See this post for FAQs that were previously distributed by email by ANC Commissioner Emily Singer Lucio (5A03). The restaurant sits in her single member district (SMD)).

NMPCA’s meeting notice copied below

FACE TO FACE IN PERSON AND VIRTUAL:

The June meeting is an important meeting concerning the zone changes in the McDonalds area. Your voice is important to the changes in the North Michigan Park Community. If a vote is taken you need to be counted.

North Michigan Park Civic Association Meeting Agenda
June 1, 2022
7:00 pm

FACE TO FACE IN PERSON
NMP Recreation Center
1313 Emerson Street NE
Washington, DC 20017

&

Virtual Meeting
Meeting ID 882 7345 2110
Passcode 930240
Call In 1-301-715-8592

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

  • Call to Order
  • Opening Prayer – Silent
  • Roll Call of Officers
  • Previous month Meeting Minutes available upon request

Community Updates

NMPCA Community Updates

  • NMPCA Scholarship – June 2022
  • Community Clean Up Date – June 4, 2022 9:00 am to 12:00 noon
    • Meet at the Recreation Center
  • Community Day Event  with NMPCA, NMP Reunion and DPR – Saturday, August 13, 2022 from 12:00 noon until 7:00 pm
  • MPD – as assigned
  • MPD – Community Laison
  • Mayor’s Office – Nokomis Hunter

GUEST SPEAKER

Leila Batties Representing McDonalds

  • Ward 5 Councilmember Kenyan McDuffie’s Office – Kelly Cislo
  • ANC Commissioners
    • 5A02 Charles Lockett
    • 5A03 Emily Lucio
    • 5A08 Gordon Fletcher
  • Department of Recreation – Joe Clark
  • Faith United Church

Community Concerns

Adjourn

Z Burger is Open

Z Burger open on South Dakota Avenue NE

Z Burger is now open at 4975 South Dakota Avenue NE (across from the McDonald’s). The restaurant is open every day from 11:00 am to 10:00 pm. It is connected to the minimart but there is a separate entrance for the restaurant as well. There are a few small tables inside. We now have an abundance of burger (and milkshake!) places to choose from in less than a one mile radius. How did we get so lucky.

Z Burger Menu & Milkshake Board

Links to Lamond-Riggs & North Michigan Park Candidate Forums

The Lamond-Riggs Citizens Association (LRCA) and the North Michigan Park Civic Association (NMPCA) did a great job of hosting two candidate forums for the upcoming primary election earlier this week .

The Ward 5 DC Council candidate forum was held on May 10, 2022. Participating candidates: Kathy Henderson, Gordon Fletcher, Zachary Parker, Faith Gibson Hubbard, Vincent Orange.

The DC Mayor candidate forum was held on May 9, 2022. Participating candidates: James Butler, Mayor Muriel Bowser, At-large Councilmember Robert White. Mayor Bowser did let the associations know ahead of time that due to a prior commitment, she would be late. She arrived about 44 minutes into the forum.

Links to view the forums are below.

Ward 5 DC Council Candidate Forum, May 10, 2022 (2 hours)

DC Mayor Candidate Forum, May 9, 2022 (2 hours) (forum starts around 4:35 mark)

The primary election is June 21, 2022. Ballots will be mailed to registered voters begining May 16, 2022. Useful information about the primary election, including mail ballot drop box locations, vote center locations, and instructions on how to register to vote or update voter registration information, is available on the DC Board of Elections website at https://dcboe.org/PrimaryElection2022.

Tonight May 10: Lamond-Riggs & North Michigan Park Ward 5 DC Council Candidate Forum

Reminder: Ward 5 DC Council Candidate Forum, hosted by the Lamond-Riggs Citizens Assocation and the North Michigan Park Civic Association, is tonight at 6:30 pm

Confirmed:
Gordon Fletcher
Kathy Henderson
Faith Gibson Hubbard
Gary Johnson
Vincent Orange
Zachary Parker 

Join the webinar online via Zoom

https://us06web.zoom.us/j/88562218708?pwd=TmllTHlUL0phdUl3RlNoZzBodktOdz09
Passcode: 362936

-or-

Dial-in by phone using one of the phone numbers below

(646) 558-8656 or
(301) 715-8592 or
(312) 626-6799
Webinar ID: 885 6221 8708
Passcode: 362936

Or, view on YouTube: bit.ly/LRCAYouTube

Tonight May 9: Lamond-Riggs & North Michigan Park DC Mayor Candidate Forum

Reminder: DC Mayor Candidate Forum, hosted by the Lamond-Riggs Citizens Assocation and the North Michigan Park Civic Association, is tonight at 6:30 pm

Confirmed:
Mayor Muriel Bowser
James Butler
Councilmember Robert White 

Join the webinar online via Zoom

https://us06web.zoom.us/j/88562218708?pwd=TmllTHlUL0phdUl3RlNoZzBodktOdz09
Passcode: 362936

-or-

Dial-in by phone using one of the phone numbers below

(646) 558-8656 or
(301) 715-8592 or
(312) 626-6799
Webinar ID: 885 6221 8708
Passcode: 362936

Or, view on YouTube: bit.ly/LRCAYouTube

McDonald’s Presentation on Rezoning Application

Sharing a few clarifications regarding McDonald’s rezoning application (ZC case number 22-19) provided by McDonald’s counsel Holland & Knight and the owner Raoul Alvarez at the meeting held by ANC Commissioner Emily Singer Lucio (5A03) on May 5, 2022. See McDonald’s Presentation May 5, 2022. The presentation and minutes from that meeting are available on ANC 5A’s website under Documents→Meeting Minutes→Single Member District→5A03.

They said McDonald’s is pursuing this rezoning in order to build a new restaurant with a drive-thru to replace the current restaurant at 4950 South Dakota Avenue NE. They said the higher mixed-use designation they are seeking (MU-7B) would permit them to build a drive-thru whereas their current mixed-use designation (MU-3A) does not. Specifically they said that the MU 7 Zone is within MU Use Group F, citing to 11 U DCMR § 500.2, and that in MU Use Group F, eating and drinking establishments are permitted as a matter of right, including the drive thru, citing to 11 U DCMR § 515.1.

They do not plan to maximize height or lot occupancy. The newly built restaurant will likely top out around 36 feet and the building will be around roughly 5,000 square feet. They do not intend to build on the wooded lot behind the McDonald’s. They do not intend to build housing. They simply want the rezoning for a drive-thru. (Edited to add: They acknowledged they have been trying to add a drive-thru for many many years. To that point, when I was looking up zoning documents, I came across this one from 1982). They said none of this is mentioned in their application because the question before the Zoning Commission is narrow–whether the requested zoning change is not inconsistent with the Comprehensive Plan. They said the Zoning Commission prefers that applicants not include things like site plans and the rest for a rezoning application. McDonald’s plans to provide site plans, traffic circulation plans, color schemes, and the rest at future community meetings.

The rezoning application is just for the McDonald’s. While the change to the Future Land Use Map (FLUM) during the Comp Plan amendment process did affect the properties in the plaza next door to the McDonald’s, the rezoning application filed by McDonald’s with the Zoning Commission is just for the lot on which McDonald’s sits. If the owners of the properties in the strip mall want to rezone those properties (which are in a different lot), they will have to go through their own rezoning process with the Zoning Commission.

This rezoning application by McDonald’s is just the next step in the process to complete the zoning change process they started many years ago during the Comp Plan amendment process. Recall the ANC supported their rezoning request in 2017 and McDonald’s asked for reaffirmation of that support in 2019. The Comp Plan update took a while so only now have they reached the point where they are seeking the rezoning by the Zoning Commission and that is why they are now seeking the ANC’s support once again. They said they can work with the ANC during the permitting process in terms of securing any assurances that the ANC may want.

Commissioner Lucio requested that McDonald’s attend the regularly scheduled ANC 5A meeting later this month. Hopefully by then they will have an FAQ sheet prepared so that everyone is equipped with the pertinent information.

Commissioner Lucio plans to have a meeting with ANC Commissioner Charles Lockett (5A02), ANC Commissioner Gordon Fletcher (5A08), and North Michigan Park Civic Association president Carmen Williams so that they can all work together on this. If you live in that area and have questions about any of this, you can reach out to one of them.

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.

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.

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.

Fence Erected on Pedestrian Path; Congresswoman Norton NPS Quarterly Meeting December 9

As expected, the National Park Service (NPS) has once again erected fencing near the informal pedestrian path between Galloway Street NE and Gallatin Street NE to prevent people from traveling along the path. This time though it is not quite the full enclosure that was erected last year, and I saw two people casually strolling through the area yesterday. The fencing on the Gallatin Street side has been knocked down for a few days now, so not much of a deterrent. It looks like NPS is trying to restore the area to something other than a mud pit, so it is probably helpful if people do not walk in that area. NPS representatives stated at a single member district meeting of ANC Commissioner Gordon Fletcher (5A08) that they would likely have an update about the status of the path after the new year.

Friendly reminder that Congresswoman Eleanor Holmes Norton is holding her quarterly NPS town hall on December 9 at 7:00 pm. Register to receive the meeting link by sending an email to RSVP@NortonEvents@mail.house.gov.

More Updates on NMP-Fort Totten Pedestrian Path

Image of original proposed location for pedestrian path between Gallatin and Galloway streets NE

At ANC Commissioner Gordon Fletcher’s 5A08 single member district (SMD) meeting on September 21, 2021, the National Park Service (NPS) provided more information about the need to halt construction on the long-awaited formal pedestrian path between Gallatin and Galloway streets NE that is supposed to connect North Michigan Park to Fort Totten Metro station.

The upshot is that as the construction team removed soil from the site, they encountered infrastructure that they and Metro believe is for the green line tunnel at Fort Totten Metro station. NPS is now working with Metro to find a more suitable location to build the pedestrian path away from Metro’s infrastructure. In response to a question about whether they believe that they will need to move the path significantly further east towards South Dakota Avenue, potentially making the path unnecessary because then people could just use South Dakota Avenue, NPS responded that they hope not. In response to a question about whether they believe they will run into the same issue regarding construction of a sidewalk on the south side of Galloway Street NE between South Dakota Avenue and 4th Street NE, NPS responded they hope not. With respect to the sidewalk, NPS stated that project is still in the design phase and that DDOT just transferred money received from the Federal Highway Administration for the project (NPS also stated this back in April 2021, so not quite sure what it means to say that DDOT just transferred the money).

NPS also stated they hoped to remove the fallen tree on the detour path by the end of September. Any issues with the detour path can be sent to nick_bartolomeo@nps.gov and kym_elder@nps.gov.

NPS did not provide a new timeline for getting the pedestrian path constructed. Metro is cooperating with NPS. NPS said it will take time to redesign the trail. Once the trail is redesigned, it will have to clear stormwater management review with the District Department of Energy and the Environment (DOEE).

At the full ANC meeting on September 22, 2021, ANC Commissioner Gordon Fletcher (5A08) informed Congresswoman Eleanor Holmes Norton (DC) that residents are frustrated by yet another delay. Congresswoman Norton responded that this path has been delayed too long. Not exactly clear what her office will do about it. Commissioner Fletcher stated that he will invite NPS to ANC 5A’s October meeting.