257552 Zoning Commission Notice of Proposed Rulemaking: Z.C. Case No. 10-07 (Text Amendment - Additional Flexibility for Eating and Drinking Establishments within the ARTS Overlay District)
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ZONING COMMISSION FOR THE DISTRICT OF COLUMBIA
NOTICE OF PROPOSED RULEMAKING
Z.C. Case No. 10-07
Text Amendment - Additional Flexibility for Eating and Drinking Establishments
within the ARTS Overlay District.
The Zoning Commission for the District of Columbia, pursuant to the authority set forth in §§ 1 and 3 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797, 798, as amended; D.C. Official Code §§ 6-641.01 and 6-641.03) hereby gives notice of its intent to take final rulemaking action to adopt the following amendments to the Zoning Regulations in not less than thirty (30) days from the date of publication of this notice in the D.C. Register or thirty days following referral of this amendment to the National Capital Planning Commission, whichever occurs last.
If adopted, the proposed rules would amend § 1901.6 to change the overlay-wide method of measurement to a square by square method (excluding any area of right-of-way), establish at 50% the maximum amount of linear foot frontage within each square fronting on 14th Street or U Street, N.W that can be occupied by eating and drinking establishments, and clarify that this limit applies only to ground floor frontage. A chart is also added to the subsection that specifies the total street frontage occupied by each affected lot. The Office of Planning will verify these measurements prior to the public hearing on these proposed rules. Notice of that hearing is given elsewhere in this volume.
The Commission also proposes to amend §1906.1. That provision would authorize the BZA to grant relief from any of the other provisions of the overlay. The amendment would disallow such relief from the 50% limit, leaving only the grant of a variance available. In addition, the subsection would be amended to specify that the BZA, when considering whether to grant a special exception from the remaining overlay provisions, should apply the criteria stated in paragraphs (c) or (d), concerning architectural concept and vehicular access, only if the criteria are relevant to the relief sought.
The proposed amendments to the Zoning Regulations, Title 11 DCMR, are as follows:
Chapter 19, UPTOWN ARTS-MIXED USE (ARTS) OVERLAY DISTRICT, is amended as follows
1. Section 1901, USE PROVISIONS, subsection 1901.6 is amended to read as follows:
1901.6 Eating and drinking establishments shall be subject to the following limitations:
(a) No portion of an eating and drinking establishments located on the ground floor is permitted to occupy more than fifty percent (50%) of the linear frontage of each individual block-face, not including public streets or alleys, along either 14th Street NW or U Street NW.
(b) An eating and drinking establishments not located on the ground (street) level of a building shall not count towards the 50% limit.
(c) An entrance to an eating and drinking establishment that is not located on the ground (street) level shall not count towards the 50% limit.
(d) The linear frontage of each block-face subject to this provision is as follows:
14th Street, N.W.
U Street, N.W.
Square
Frontage (feet)
Square
Frontage (feet)
202
222.5
204
305.3
203
310.0
205
618.0
204
320.0
236
523.4
205
430.6
237
538.5
206
399.8
273
225.3
207
450.1
274
340.9
208
400.0
304
192.2
209
380.0
305
186.0
210
203.5
332
189.7
211
304.2
333
187.7
234
253.1
359
96.8
235
310.0
360
230.4
236
320.0
361
251.7
237
380.0
238
450.0
239
200.0
240
391.0
241
450.0
242
363.1
242N
154.5
2. Section 1906, SPECIAL EXCEPTIONS, subsection 1906.1, is amended by striking the phrase “based upon the following criteria” and inserting in its place the phrase “based upon the following criteria; except that the Board shall apply criteria (c) and (d) only if relevant to the relief sought”, so that the provision will read as follows:
1906.1 The Board of Zoning Adjustment may grant exceptions under § 3104 from
any of the requirements or limits of the ARTS District other than § 1901.6 based upon the following criteria; except that the Board shall apply criteria (c) and (d) only if relevant to the relief sought:
All persons desiring to comment on the subject matter of this proposed rulemaking action should file comments in writing no later than thirty (30) days after the date of publication of this notice in the D.C. Register. Comments should be filed with Sharon Schellin, Secretary to the Zoning Commission, Office of Zoning, 441 4th Street, N.W., Suite 200/210-S, Washington, D.C. 20001. Copies of this proposed rulemaking action may be obtained at cost by writing to the above address.
