Res 06-_

Res 06-05

ANC 3F RESOLUTION REQUESTING THAT THE DRAFT GENERALIZED LAND USE POLICY MAP BE REVISED TO REDESIGNATE THE COMMERCIAL DISTRICTS AT VAN NESS AND THE WISCONSIN AVENUE CORRIDOR

AS “CONSERVATION AREAS”

Advisory Neighborhood Commission 3F
North Cleveland Park, Forest Hills, & Tenleytown
4401-A Connecticut Avenue, N.W., Box 244
Washington, D.C. 20008-2322

WHEREAS, the draft Generalized Land Use Policy Map, issued on January 4, 2006, by the DC Office of Planning as one of the revisions to the DC Comprehensive Plan, designates areas throughout the City as either Conservation Areas, Land Use Change Areas, or three different types of Infill Areas to guide land use decision-making for the next 20 years; and

WHEREAS, most of the land in ANC 3F, like most of the land in Ward 3, is placed in the Conservation Area, which is defined as:

Conservation areas have very little vacant or underutilized land. Maintenance of existing land uses is anticipated over the next 20 years. Where change occurs, it will be modest in scale and will consist primarily of scattered site infill housing, public facilities, institutional uses and small commercial uses. Major changes in density over current conditions are not expected.

The guiding philosophy in Conservation Areas is to conserve and enhance established neighborhoods. The diversity of land uses and building types in these areas should be maintained and new development and alterations should be compatible with the existing scale and architectural character of each area.

but two places in ANC 3F -- the commercial district on the east side of Connecticut Avenue from Van Ness Street to Windom Place (“Van Ness/UDC” area) and the commercial district and portions of R-1B and R-2 zones along both sides of Wisconsin Avenue from Upton Street to Brandywine Street (part of the “Upper Wisconsin Avenue Corridor”) -- are designated as “Growth Management Areas”, a type of Infill Area defined as:

Growth Management Areas are neighborhoods and corridors where market forces are driving change. They often contain properties with high land values and low improvement values, making development proposals by private property owners likely in the future. Without District intervention, the market could produce development that conflicts with the Comprehensive Plan’s neighborhood conservation goals. The intent is not to create development incentives or increase development capacity, but rather to control development so the unique, historic, and special qualities of each are conserved.

The guiding philosophy in growth management areas is to manage growth and change in a way that limits and mitigates undesirable impacts on existing uses, and that recognizes infrastructure constraints. New development should respond to the existing character and natural features of each area.

and

WHEREAS, “Infill” is not an appropriate planning designation for either the Van Ness/UDC area or the Upper Wisconsin Avenue Corridor:

(a) These areas present only limited opportunities for redevelopment:

The Van Ness commercial district has no vacant land; the only buildings that are not multi-story are the Van Ness gas station and the small triangular building that houses the thriving Calvert Woodley Liquors;

The largest property in the Van Ness commercial district, the Van Ness Center (part of the planned unit development that includes the Van Ness apartment buildings), has just been refurbished and is unlikely to be redeveloped during the next 20 years;
In ANC 3F’s portion of the Upper Wisconsin Avenue Corridor, the half-mile stretch from the Post Office to Brandywine Street, the only unimproved properties are two small surface parking lots in Square 1770 (east side of Wisconsin Avenue from Albemarle to Brandywine Street) and a single lot of approximately 500 sq. ft. in the C-1 zoned district between Veazey and Warren Streets[1];
Although Square 1770 contains some buildings that could be redeveloped to reach maximum zoning standards, most of the corridor is already built out;

(b) These areas have long been stable, a feature recognized in the Ward 3 element of the current Comprehensive Plan:

Almost all commercial properties are occupied; they rarely become vacant;
Most businesses have been operating at their locations for years, if not decades;

(c) There is no basis to conclude that “market forces are driving change” in these areas any more than in other parts of Ward 3 that OP has designated as “conservation areas”; in fact, a market study conducted for the Draft Upper Wisconsin Avenue Corridor Study (UWCAS) found that the Wisconsin Avenue commercial district south of Tenley Circle:

is considered largely built-out for the next ten years. Its next growth cycle is unlikely to occur until the existing building stock has outlived its current function - probably at least fifteen to twenty years from now. (Upper Wisconsin Avenue Corridor Study, Revised Strategic Framework Plan (July 2004) at 52);

(d) Unlike Columbia Heights, the 14^th Street and U Street Corridors, and Northeast No. 1/Eckington Yards -- the other areas designated on the draft map as “Growth Management Areas”, Van Ness/UDC and the Upper Wisconsin Avenue Corridor have never been designated as “Development Opportunity Areas” in the Comprehensive Plan; nor have they ever been subject to government programs to promote redevelopment; and

WHEREAS, promoting redevelopment of Van Ness/UDC and the Upper Wisconsin Avenue Corridor would have serious adverse effects on their respective transportation systems:

(a) Any increase in development in the Van Ness/UDC area could shut down operation of traffic on Connecticut Avenue, which by 2002 was carrying a daily average of approximately 40,000 vehicles during the week and 35,000 vehicles on Saturdays (see DMJM + HARRIS, Inc., Connecticut Avenue Transportation Study, Final Report (August 2003) at 19), as well as on the adjacent side streets:

Van Ness Street, Veazey Terrace, and Windom Place are each one-block cul-de-sacs serving parking lots and loading docks for the Connecticut Avenue businesses, approximately 2,400 residents living in four apartment buildings[2], and Howard University Law School;
Not only are levels of service (LOS) at these intersections with Connecticut Avenue already unacceptable at LOS D and F during PM peak hours, but they are expected to deteriorate to LOS D, E, and F throughout the day by 2012 without any redevelopment in the area (see Connecticut Avenue Transportation Study at 44-49);
Section 1409.5 (a)(2) of the current Comprehensive Plan actually recommends downzoning for the Van Ness/UDC area to ameliorate traffic problems at these unacceptably overloaded and poorly functioning intersections; and,

(b) The Upper Wisconsin Avenue Corridor also carries a heavy burden of traffic, estimated at an average of 64,466 vehicles per day; although existing levels of service at a few intersections are already at LOS D and E, several more could reach LOS D, E, or F if much of the corridor were built out to matter of right zoning (see The Louis Berger Group, Inc., Wisconsin Avenue Corridor Transportation Study, Final Report (October 2005) at 74, 80-85); and

WHEREAS, public facilities and other services for these areas are already at or above capacity:

According to data from WMATA, the Metro stations at Van Ness, Tenleytown, and Friendship Heights have some of the highest ridership rates outside the District’s central employment area, and even higher ridership than several stations within the central employment area;
As pointed out in ANC 3F Resolution 04-04, Requesting Revision of the Draft Upper Wisconsin Avenue Corridor Strategic Framework Plan and Resubmission to the Community and ANCs for Review and Comment:

The Metro is packed when it reaches the Tenleytown and Van Ness stations; by the time the trains reach Woodley Park, people are often asked to wait for the next train; The Washington Post recently reported that the Red Line will be at capacity in the near future;

The local elementary schools, Janney and Murch, are both over capacity and for many years have had “temporary classrooms” to accommodate excess enrollment[3];
Recent slow response times for emergency vehicles points up a deficiency in fire and emergency medical services: a few years ago, rather than increasing emergency services for this part of Ward 3, the Fire Department scaled them back;
The capacity of the area’s water supply needs to be evaluated; and

WHEREAS, in both Van Ness/UDC and the Upper Wisconsin Avenue Corridor, preservation of matter-of right heights and scale is needed to prevent adverse impacts from commercially-zoned properties on the light, air, and privacy of residences abutting them or facing them across alleys or narrow streets; to maintain balance within the built environment; to stimulate vibrant shopping districts; and, in the case of Tenleytown, to respect the topography and character of the neighborhood and its institutions (see ANC 3F Resolution 04-04, Requesting Revision of the Draft Upper Wisconsin Avenue Corridor Strategic Framework Plan and Resubmission to the Community and ANCs for Review and Comment); and

WHEREAS, as discussed in ANC 3F Resolution 04-04, the Upper Wisconsin Avenue Corridor contains several properties that are historic landmarks or have been identified as potential landmarks[4]; any development must respect their character and scale; in Resolution 04-04, ANC 3F also requested that OP consider the properties surrounding Tenley Circle for a zoning overlay or historic district; and

WHEREAS, the Upper Wisconsin Avenue Corridor is home to Fort Reno National Park; in Resolution 04-07, Supplemental Resolution Opposing the Draft Upper Wisconsin Avenue Corridor Strategic Framework Plan, ANC 3F requested that OP seek to protect views from the park in order to preserve sightlines to Peach Grove, Fort Bayard, Fort DeRussy, and Fort Stevens – all important sites in the Civil War defenses of Washington; and

WHEREAS, the Van Ness/UDC area and the Upper Wisconsin Avenue Corridor would be more appropriately designated “Conservation Areas” because, like the neighborhoods they serve, they are already established; they exhibit limited opportunities for redevelopment; major changes are not expected; and maintaining their existing scale and architectural character would protect not only other structures in the commercial corridor, but the adjacent established neighborhoods; and

WHEREAS, designating Van Ness/UDC and the Upper Wisconsin Avenue Corridor as “Conservation Areas” is consistent with the protections these areas now enjoy in the Ward 3 element of the current Comprehensive Plan: including the major themes of maintaining the existing low-density high-quality land use character of the ward, 10 DCMR Section 1400.2 (a), and “controlling redevelopment” to maintain stability and quality of life, Section 1400.2 (b); and the policies of protecting the existing scale and low density character of Ward 3, Section 1406.2(d); maintaining and improving viable commercial areas at a scale appropriate to the surrounding areas, Section 1409.2 (j); relating the height and scale of new construction to that of adjacent structures and providing buffers between commercial and residential development to mitigate adverse effects, Section 1406.9; improving traffic circulation, Section 1404.2 (g); preserving the ward’s historic features from incompatible development, Section 1407.4 (a); and ensuring that intensity of land use does not exceed the capacity of the ward’s infrastructure to handle the needs, Section 1409.2 (l); and

WHEREAS, in accordance with the policies of 10 DCMR Section 1108.1 (d), to “encourage . . . multi-neighborhood commercial centers to provide a satisfactory range of retail and office services for their market areas”, both Van Ness/UDC and the Upper Wisconsin Avenue Corridor in ANC 3F could benefit from being mapped as Neighborhood Commercial Overlay Districts, like the ones that have been mapped for Cleveland Park (11 DCMR §1306) and Woodley Park (11 DCMR § 1307):

The Van Ness area has been losing ground floor retail space to institutional uses, thus forcing residents to drive elsewhere for goods that they used to be able to purchase in the neighborhood[5];
From time to time, Tenleytown has experienced lack of business diversity and could do so again if redevelopment brings in more national retailers, especially “big box” stores;
Limitations on maximum heights and densities of new buildings to those available as a matter of right, see 11 DCMR § 1305, would ensure compatibility in scale with existing buildings and the nearby neighborhoods and a better environment to stimulate shopping, as recognized in ANC 3F Resolution 04-04[6];

NOW, THEREFORE BE IT RESOLVED, that for the foregoing reasons ANC 3F recommends and strongly urges that the DC Office of Planning designate the Van Ness/UDC and Upper Wisconsin Avenue Corridor as “Conservation Areas” or the most restrictive land use category on the Generalized Land Use Policy Map; and

BE IT FURTHER RESOLVED, that ANC 3F recommends and strongly urges that both Van Ness/UDC and the Upper Wisconsin Avenue Corridor in ANC 3F be considered for mapping as Neighborhood Commercial Overlay Districts, like the ones that have been mapped for Cleveland Park and Woodley Park; and

BE IT FURTHER RESOLVED, that ANC 3F recommends and strongly urges that the revised Comprehensive Plan include the following policies from the Ward 3 element of the current Comprehensive Plan:

The existing protections for stable neighborhoods from the impact on increases in height and density in adjoining areas, passim;

The major theme of “controlling redevelopment” to maintain stability and quality of life and to prevent increased traffic and spillover effects on nearby residential neighborhoods, including impacts on housing across the street (or in some cases across an alley or next door) to commercial development, 10 DCMR Section 1400.2 (b);

The urban design policy of controlling land use and future development to “protect the existing scale and low density character” of Ward 3, Section 1406.2(d), by relating the height and scale of new construction to that of adjacent structures and providing buffers between commercial and residential development to mitigate adverse effects, 10 DCMR Section 1406.9;

The transportation policy of improving LOS at street intersections to at least a level of “B” or “C”, 10 DCMR Section 1404.2 (g);

The preservation policy of protecting Ward 3’s historic features and viewsheds from incompatible development, regardless of whether they are landmarked, and strengthening protective measures, 10 DCMR Sections 1407.3 and 1407.4 (a);

The land use policies of “maintain[ing] the existing land use character of the ward”, Section 1409.2 (a); “maintain[ing] and improv[ing] viable commercial areas at a scale appropriate to the surrounding areas, Section 1409.2 (j); and “ensur[ing] that land use does not exceed the capacity of the ward’s infrastructure (i.e., public facilities)”, 10 DCMR Section 1409.2 (l); and

BE IT FURTHER RESOLVED, that ANC 3F recommends and strongly urges that no portion of Van Ness/UDC or the Wisconsin Avenue Corridor be considered for inclusion in programs which grant bonus heights or densities; and

BE IT FURTHER RESOLVED, that ANC 3F recommends and strongly urges that the Office of Planning conduct city-wide public hearings on the draft Revised Comprehensive Plan prior to its being transmitted to the DC Council, and that these hearings be scheduled so that all interested residents, Advisory Neighborhood Commissions, civic associations, community organizations, institutional representatives, business owners, and others who are concerned about and affected by land use policies and decision-making are provided an opportunity to testify, and that the Office of Planning revise the draft document in consultation with the Comprehensive Plan Task Force based on the hearing testimony before the revised draft is submitted to the DC Council.

Approved by a vote of 5-1-0 at a duly noticed public meeting of ANC 3F on February 13, 2006, with a quorum present (a quorum being 4).

/s/ Cathy Wiss /s/ Robert V. Maudlin

Cathy Wiss, Chair Robert Maudlin, Secretary

[1] An accessory parking lot behind 4200 Wisconsin Avenue appears to be required open space for that building. Redevelopment of this parking lot is unlikely because it would most likely render the building nonconforming.

[2] Although this figure is based on 2000 Census data, it may be an undercount. Together, these buildings have over 1,750 efficiency, 1-, 2-, and 3-bedroom apartments, many of them occupied by more than one person.

[3] Overenrollment is not a new problem. Figures listed in the current Ward 3 element of the Comprehensive Plan for the 1992-92 school year show that most Ward 3 public schools were significantly overenrolled even then. See 10 DCMR Section 1405.1 (b). Enrollment at Janney has increased substantially since that time, and may have increased at other Ward 3 schools as well.

[4] Historic landmarks in Tenleytown include the Sears/Hechinger’s Building at 4500 Wisconsin Avenue (now Best Buy and the Container Store); the Tenley Fire House at 4300 Wisconsin Avenue; Bon Secours Convent at 4101 Yuma Street; the Western Union Telegraph Co. tower at 4623 41^st Street; “The Rest” at 4334 39^th Street; and the Grant Road Historic District, which includes the store at 4425 Wisconsin Avenue. Potential landmarks within ANC 3F that have been identified by the DC Historic Preservation Office and the Tenleytown Historic Society are: the Masonic Lodge at 4441 Wisconsin Avenue; the Art-Deco style C&P Telephone Exchange building at 4268 Wisconsin Avenue; the bank building at Wisconsin and Warren Street; and early 20^th century apartment houses and shops on the east side of Wisconsin Avenue below Tenley Circle.

[5] This phenomenon may not be readily apparent. In several places, awnings left behind by former retail tenants mask current use of ground floor space by institutions.

[6] In ANC 3F Resolution 04-04, we noted that for the Tenleytown shopping district between Albemarle and Brandywine Streets:

1.   [Buildings higher than 6 stories] would be out of balance and scale with the tallest buildings on surrounding blocks, all five to six stories high: the Wisconsin Building at 4000 Albemarle Street, the Tenley Point Building at Wisconsin and River Road, and the Sears-Hechinger’s Building (now Best Buy) under construction at Wisconsin and Albemarle; these buildings are expected to remain;
2.   Ten story buildings are more appropriate for the Central Employment Area downtown;
3.   Even near Metrorail stations in the Central Employment Area like Gallery Place and Dupont Circle, new buildings of six stories or less with interesting and varied frontage are operating quite successfully;
4.   Some of the most successful retail in the area – like the Cleveland Park Stop & Shop and Bethesda Row – is in more intimate low-scale buildings, which make shoppers feel comfortable and welcome; shops developed like these would be more appropriate for Tenleytown’s neighborhood shopping district;
5.   The topography of this area – the highest point in the City -- would make tall buildings visible for miles around;
6.   High buildings would dominate the skyline in the neighborhoods and along the avenue -- currently a balance between schools, mid-rise buildings, trees, church steeples, and brick and stone water towers, which give Tenleytown its small-town, “village” feel despite its urban setting;