Monthly Archives: December 2010

Divided ANC6b Votes for De Facto Barracks Row Moratorium

by Larry Janezich

Last night, a divided ANC voted to protest a new liquor license application for Xavier Cervera’s proposed 8^th Street Latin tapas restaurant, Pacificos.  Cervera, who proposes a $1.5 million renovation of Capital Video’s, offered to scale back hours of operation and occupancy, to address noise concerns with barriers and sound proofing, and to lead a Barrack’s Row effort to promote patron parking in the lot under the freeway.

The Commission voted 5-4-1 to protest the license on the basis of peace, order, quiet, parking and over concentration.

Commissioners voting to protest:  Dave Garrison, Carol Green. Ken Jarboe, Kirsten Oldenburg, Mary Wright

Commissioners voting not to protest:  Francis Campbell, Neil Glick, Will Hall, Mike Patterson

Commissioners abstaining:  Norm Metzger

At least two commissioners – Garrison and Metzger – signaled they might be willing to live with over concentration if ways could be found to deal with peace, order, quiet and parking issues.

To that end, outgoing ANC Chair Garrison said the commission was looking for “a third way” to deal with licenses, not just to protest or support.  He said he was anxious to see what the Retail Mix Task Force recommended, alluding to the Task Force’s consideration of “guidelines” for the new ABC establishments which could be written into voluntary agreements governing their operation.  The Task Force is scheduled to issue an interim report prior to the ANC’s February 2011 meeting (see previous post)..

Incoming ANC6b 02 commissioner Ivan Frishbery stated during Public Speakout that he thought creating a de facto moratorium outside the regular process was not a good idea and did not have wide support within the community.  He said he would bring suggestions to the ANC in January to initiate addressing neighbor’s issues.  He said that this was not to undercut the work of the Retail Mix Task Force, but an effort to allow the Commission to begin work as soon as possible on ways to deal with these concerns.

In other action, the ANC voted 7-3 to support Bavarian Beer Garden’s application for a tavern license at 8^th and L Streets, contingent upon reaching a voluntary agreement on hours of operation and entertainment.

Commissioners voting to support:  Francis Campbell, Dave Garrison, Carol Green, Will Hill, Ken Jarboe, Kirsten Oldenburg, Mary Wright

Commissioners voting to protest:  Neil Glick, Norm Metzger, Mike Patterson

ANC6b Retail Mix Group Narrows Focus for Balance of Its Term

by Larry Janezich

The Retail Mix Taskforce met Monday night to decide on what it can accomplish in the last six weeks of its current existence.  Despite its interim goal of achieving a balanced retail mix on Barrack’s Row, the Taskforce will narrow its focus to two concerns.

First, it will address parking, noise, and trash concerns of the Row’s immediate residential neighbors.  Resident members of the Taskforce will propose operating guidelines for bars and restaurants based on a list of resident complaints. The Taskforce will consider recommending these guidelines to the ANC for incorporation into voluntary operating agreements for outlets with liquor licenses.  This step may be in anticipation of the Alcohol Beverage Regulation Administration (ABRA) overturning ANC6b’s protest of three new liquor license applications on the 500 block of 8^th Street, as well as recognition that these quality of life concerns will continue as issues whether the protests stand or not.

In addition, resident members of the Taskforce have been charged with organizing another information-gathering forum regarding the impact of imposing moratoria or business restrictive overlays on the area and how that relates to the retail mix.  This forum is likely to convene in January.  Possible participants include restaurateurs, retail merchants, and landlords.

Any substantive work regarding how to attract a better retail mix for all of the commercial corridors in ANC6b, including defining systemic problems, providing tax incentives, ANC solicitation, subsidy of retail operations, and involvement of Ward Six Councilmember Tommy Wells, appears to depend on reconstitution of the Taskforce once the new ANC6b is seated.

The Taskforce recognizes that attracting a better retail mix in light of high rents, low foot traffic, and considerable popular support for more nearby restaurant choices might prove difficult.  If that is the case, the ANC will be dealing with the problem of trying to manage the ensuing problems rather than managing the retail mix.

Another meeting of the Taskforce will be scheduled for late January.  The group will issue its Interim Report prior to the ANC’s February meeting.

ANC ABC Committee Hamstrung by Previous Vote on Liquor Licenses

Sends Mixed Signals on New Liquor Licenses

by Larry Janezich

Posted Friday, December 10, 2010

At last night’s regularly scheduled ANC ABC Committee meeting, the Committee voted 5 – 0 with two abstentions to protest a new restaurant license for Pacificos, a proposed new restaurant at 514 8^th Street (site of Capitol Hill Video).

Voting to Protest: Garrison, Green, Jarboe, Oldenburg, Wright

To Abstain: Glick, Metzger

Prior to the vote, several commissioners stated that they felt their hands were tied on the Pacificos application.  It appeared that this is a restaurant many of them would prefer to see on 8^th Street, as opposed to the back-up lease for a Kawasaki Motorcycle dealership and repair shop that the building’s owner is holding in reserve.  Several commissioners stated that they couldn’t undermine ANC6b’s credibility by approving this application when they had rejected two liquor licenses last month for proposed restaurants slated to come in the Chateau Animaux building.  In addition, they noted a residents’ petition in opposition, signed by 53 people, as well as an announced intention to file a formal protest before ABRA (Alcohol Beverage Regulatory Administration).

It seems that certain commissioners attempted to assuage the disappointment of liquor license applicants; Dave Garrison, for instance, noted that he wasn’t sure the ABRA would support the recent ANC 6b position to protest new liquor license applications based on “over concentration.”  Commissioner Jarboe commented that the vote in opposition should be looked at as a “time out rather than forever and ever.”

Owner of several Barrack’s Row restaurants Xaviar Cervera presented the case for Pacificos.  He submitted a petition signed by 300 Capitol Hill residents in support of his application, as well as a strong letter of support from BRMA.  One of the more interesting components to his presentation, and the entire meeting, was his description of efforts that he and other Barracks Row restaurateurs were willing to consider to alleviate parking issues for the neighborhood, including possible free parking as well a discount for patrons using the currently under-utilized 60-space lot under the freeway.  Cervera’s response built on a proposal put forward by BRMA which includes creating a resident parking plan for the nearby neighborhood and 4 hour free parking to Ward 6 residents in the freeway lot.  Cervera offered to come back before the full ANC next week with compromises on hours of operation and seating.

The committee then voted to support the application for a new tavern license for the Bavarian Beer Garden at 720 L Street with a voluntary agreement, the details of which are still being worked out.  The vote was 6 – 1.

Voting to support, with conditions:  Metzger, Jarboe, Green, Wright, Garrison, Glick

To Protest:  Oldenburg

Co-owner Mark Brody presented the case for the Bavarian Beer Garden which he hopes will open next year.  The Commission felt that more activity on lower 8^th Street would benefit the area, an assumption that was reinforced by the owner of the Ugly Mug opposite the Marine Barracks as well as Mr. Cervera.

At Thursday night’s ANC Special Call Meeting which preceded the ABC Committee meeting, the Commission voted 7-0 with one abstention to protest the application for a new tavern license for the 8^th Street Bar & Grill.  Note that this is a tavern—not a restaurant—liquor license application, and that the proposed venue contemplates live music and late hours of operation.

Voting to protest: Commissioners Metzger, Jarboe, Green, Wright, Garrison, Glick, Oldenburg

To abstain:  Commissioner Patterson

Khaled Hoss present the case for 8^th Street Bar and Grill.  The Commission expressed concern about discrepancies regarding occupancy between the drawings submitted and the application, and noted objections from neighbors and other nearby businesses, including plans for filing  formal protests by the owner of the Ugly Mug and the Barracks Row Merchant Association.

by Larry Janezich

About 50 people attended a meeting of the ANC’s Special Retail Mix Task Force on Monday evening to hear from four commissioners representing three neighborhoods with moratoria or restaurant caps.  It was clear from the presentations that moratoria affect each of these neighborhoods differently.  Glover Park clearly supports a moratorium.  DuPont Circle and Adams Morgan have reservations.  One of the Adams Morgan commissioners admitted to being perceived as having an unsympathetic predisposition to moratoria.

Fred Moosaly, Alcoholic Beverage Regulation Administration (ABRA) Director, began the discussion by briefing on the moratorium issue.  Requests for a moratorium have to be made in writing – if not from the ANC then from a group of five citizens or an incorporated citizens’ group.  The Board wants to know the position of the ANC and is required to give “great weight” to that opinion.

Moratoria are issued in 600, 1200, or 1800 foot circles from a central location – often an ABC establishment.  There can be blocks exempted within the circle.  The request must state reasons – peace, order, noise, crime, littering, property values, parking, over concentration, etc.  The Board asks the opinion of the Council Member and the MPD and.  schedules a hearing.  It receives testimony from stakeholders and then makes a decision.  If approved, the moratorium goes to the City Council for approval.  If approved there, it goes into effect.  Moratoria are generally for five years, but the Board can make it three.  A moratorium is not in place forever.  Neighborhoods change and the issue can be revisited.  After two years, a moratorium may be tweaked by the ANC.  The entire process may take several months or longer.

Jack Jacobson, ANC Commissioner from DuPont Circle, noted that their moratorium had been divisive for the community, galvanizing hardliners on both sides.  Some people think vacant buildings are caused by the moratorium.  He thinks there are better ways to accomplish the goals the moratorium seeks.  It is impossible to say whether empty store fronts are caused by the moratorium or high rents.  Opponents of the moratorium say that 17^th street is not welcoming to business.

Jackie Blumenthal, Commissioner from Glover Park, said a moratorium had worked well for them, limiting the influx of ABC establishments overflowing from Georgetown,  and that they had not had contentious problems.  The ANC will ask for a renewal.  The moratorium didn’t seem to have an effect on retail until businesses left.  But there is no way to prove whether empty buildings are due to the moratorium, high rent expectations of landlords, or poor choice of location by retailers.  Their ANC recruited a highly desirable business and were surprised when they ran up against landlords’ prohibitively high rent expectations.

Mindy Moretti and Bryan Weaver, Commissioners from Adams Morgan, urged proceeding carefully on a moratorium and urged emphasizing compliance with existing license restrictions and working with “good” operators to control problems..  They thought that there are tools available to shape the business mix without necessarily imposing a moratorium.  They said that the current 20 percent of businesses on Barracks Row serving alcohol “sounds ideal.”

Participants noted that Georgetown has just renewed their moratorium for five years and that H Street, NE, has decided not to pursue a moratorium.

The panel seemed to be in agreement that it is necessary to determine the real reason for seeking a moratorium and to figure out what it is you are trying to accomplish:  to stop growth, slow it, or change its direction.

If the reason for the moratorium is noise, peace, and order issues, some panelists suggested it might be better to impose a moratorium on nightclubs and taverns and work with the MPD.  In addition, ANCs can limit the time an establishment is open and limit the kinds of licenses which can be applied for.  They can impose a limited moratorium, stopping new establishments on one block and exempting other blocks.  ANC’s can establish guidelines on what they will accept from a bar or restaurant in terms of noise, hours, and outdoor seating.  The ANC can work with owners to encourage patron responsibility.

If the reason for a moratorium is to change the business mix to attract retail, panelists suggested it might be better to find a way to reduce rents.  One way to do this would be to work with Councilmembers to establish a business enterprise zone and get tax credits for new businesses and for landlords who support new business, instead of the tax deferments which is the city’s current conventional approach to the problem.  .

Chuck Berger, representing CHAMPS, emphasized that the issue was not a matter of licenses, but of usage and supported the idea of ANC guidelines for ABC establishments rather than a moratorium.

There was consensus that it is essential to involve the community, particularly with community meetings.

The Retail Task Force will meet again next Monday to decide what to do next.  It’s possible they will issue a preliminary report to the ANC in February.