Commissioner Jack Jacobson
Chairman, ad hoc Committee on the Dupont East Liquor Moratorium
Hearing before the Alcoholic Beverage Control Board
Opening Statement
April 15, 2009
Chairman Feather, Members of the Board, thank you for the opportunity to testify before you this afternoon. As Chairman Silverstein stated, I was selected to chair the ANC's ad hoc Committee on the Dupont East Liquor Moratorium with four of my colleagues. With so many competing voices and opinions on the effect of the moratorium, and with little hard data available to substantiate individuals' opinions and personal ideals, it was a monumental task indeed.
But, in the end, we crafted a set of recommendations that were endorsed for the first time by all nine of the Dupont Circle ANC Commissioners. And believe me: the views expressed among Committee members at the outset of our open, transparent and inclusive process were as diverse among Commissioners as they were in the general public. I'm proud of the work we were able to accomplish, and I believe the recommendations we endorsed deserve the strong consideration of this Board.
The Committee held several events to receive a wide range of information from the community before creating our recommendations.
We began by reaching out to the Dupont Circle Citizens' Association, Historic Dupont Circle Main Streets, and the Dupont Circle Merchants and Professionals and held two "fact finding" tours of 17th Street. I participated in both. The tours allowed us to observe the perceived problems and trouble spots along 17th Street, catalogue the existing licenses, and take stock of the commercial space available within the moratorium zone. It also allowed us to see and better understand the tension between the commercial and residential buildings and their impact on each other.
Following that, we held a community meeting to solicit input, in addition to conducting media outreach in an effort to gather more information and comment from residents and businesses through our public comment period. The great amount of public input helped us chart a course forward. I also held my own listening session within my SMD on the issue, and widely publicized it to my constituents.
The fact finding tours, public meetings and public comment period, in addition to research by committee members and other participants, helped to educate us and develop our Committee Findings, which are noted in full detail in the Committee Report.
Our findings include the fact that there exist within the moratorium zone 2, 343 seats at peak capacity when the weather cooperates – this includes seats in public space. Of those seats, at the outset of our process 274 seats were unused. We understand that Java House will shortly begin selling beer and wine, however, taking those 56 seats off the table. Additionally, I understand that yesterday, Club Chaos's license sold, putting into play some, if not all, of the 198 seats available under that license.
We also concluded that there are four (4) vacant storefronts within the moratorium zone, up from four years ago when we appeared before you when only a single vacant storefront existed.
Additionally, it was brought to the attention of the Committee that there was a 2005 unscientific traffic study undertaken by DCCA which indicated parking problems within the moratorium zone, particularly on Friday and Saturday nights. The Citizen's Association further commissioned a single sound study during the current moratorium period which indicated noise levels in front of a particular establishment that were above what was legally allowable.
Finally, we were able to obtain from the Metropolitan Police Department statistics that have shown that since the PSA serving the Dupont East Moratorium Zone transferred from the 3rd to 2nd Police District, response times have improved by 25%. All of these and some additional information are reflected in the full Committee Report before you. The findings helped us develop our recommendations.
Once we had a draft committee report and recommendations, we released it to the public and held another community meeting on our recommendations, which were then amended where appropriate. Each fact finding tour, public meeting and public comment received helped to perfect the recommendations the ANC made to this Board.
I would like to address those recommendations in order.
1. We requested a five year moratorium in order to see us through the streetscape project and allow for a period of time to assess its impact on businesses before considering another moratorium.
2/3. Following the streetscape project, we understand that there may be an impact on businesses – likely a negative impact, unfortunately. To that end, we would consider additional restaurant licenses after three years. If the economy continues to deteriorate and/or some other unforeseen event would impact the moratorium, we understand that the ANC could petition to open up the moratorium after two years, and we stand ready to exercise that authority if the situation warrants.
4. We simply recognize that JR's Bar and Grill may execute its approved lateral expansion at any time, if it so chooses. As a Commission, we would like to see the storefront next to JR's occupied in some manner, but understand and respect that it is a business decision of JR's, which holds the lease, as to whether they would like to occupy the space, lease it to someone else, or keep it vacant.
5. We would like to allow lateral expansion for successful businesses within the moratorium zone. We have recommended limiting lateral expansion to two businesses in an attempt to retain vital retail and service space. We have also recommended limiting expansion to historic row houses. Since we want successful businesses to be able to expand, we would request that any lateral expansions be required to utilize only a single entrance. In that way, the successful business can expand without bringing what might be perceived as or operate as a "new" business – with a different business model and different impacts on peace, order and quiet – to the neighborhood. Commissioner Meehan may speak more eloquently on this subject than I have.
6. We wanted to encourage entertainment endorsements with reasonable limits within the moratorium zone. Certain types of entertainment at certain times have a greater impact on peace, order and quiet than others. In an attempt to keep restaurants from morphing into clubs, we have recommended that entertainment only occur while the kitchen is open. However, instituting sound-dampening tools – such as double door systems – will keep the impact on peace, order and quiet at a minimum, and we want to support responsible businesses taking such action.
7. Because of the number of existing outdoor seats in public space along 17th Street between P and Q Streets, we have recommended that no more outdoor seating in public space be granted between P and Q Streets. The negative impact seats in public space on this block have in terms of noise on neighbors directly across the street from them should be kept to a minimum.
8. We have recommended allowing summer gardens overlooking Stead Park. For several years, 17th Street has struggled to incorporate Stead Park more fully into our neighborhood, and this would be a great opportunity to do so. Because of the noise that could carry to residents also facing Stead Park, we have recommended reasonable restrictions on hours of operation. Furthermore, we see these summer gardens overlooking the Park as having a positive impact on the trash and rat problems in the alley adjacent to the Park. Also, when and if the streetscape keeps customers from occupying public space along 17th Street when they want to dine outdoors, summer gardens would provide an alternative outdoor space for customers to enjoy. We request that no summer gardens be directed toward 17th Street for the same reasons I stated previously.
9. Our final recommendation is simply a reiteration of what the ANC's entire goal was during this process: to provide the ability for us to be flexible and exercise our duties as commissioners on a case-by-case basis, allowing successful businesses to grow and prosper, while at the same time instituting rules and recommendations that protect residents and retail diversity.
Chairman Feather and Members of the Board, I thank you very much for your indulgence today and for your consideration of our recommendations. I believe they provide the flexibility, protection and vision to sustain a vital corridor along 17th Street for the next five years. After Commissioner Meehan speaks, we would be happy to address any additional questions you may have.
Chairman, ad hoc Committee on the Dupont East Liquor Moratorium
Hearing before the Alcoholic Beverage Control Board
Opening Statement
April 15, 2009
Chairman Feather, Members of the Board, thank you for the opportunity to testify before you this afternoon. As Chairman Silverstein stated, I was selected to chair the ANC's ad hoc Committee on the Dupont East Liquor Moratorium with four of my colleagues. With so many competing voices and opinions on the effect of the moratorium, and with little hard data available to substantiate individuals' opinions and personal ideals, it was a monumental task indeed.
But, in the end, we crafted a set of recommendations that were endorsed for the first time by all nine of the Dupont Circle ANC Commissioners. And believe me: the views expressed among Committee members at the outset of our open, transparent and inclusive process were as diverse among Commissioners as they were in the general public. I'm proud of the work we were able to accomplish, and I believe the recommendations we endorsed deserve the strong consideration of this Board.
The Committee held several events to receive a wide range of information from the community before creating our recommendations.
We began by reaching out to the Dupont Circle Citizens' Association, Historic Dupont Circle Main Streets, and the Dupont Circle Merchants and Professionals and held two "fact finding" tours of 17th Street. I participated in both. The tours allowed us to observe the perceived problems and trouble spots along 17th Street, catalogue the existing licenses, and take stock of the commercial space available within the moratorium zone. It also allowed us to see and better understand the tension between the commercial and residential buildings and their impact on each other.
Following that, we held a community meeting to solicit input, in addition to conducting media outreach in an effort to gather more information and comment from residents and businesses through our public comment period. The great amount of public input helped us chart a course forward. I also held my own listening session within my SMD on the issue, and widely publicized it to my constituents.
The fact finding tours, public meetings and public comment period, in addition to research by committee members and other participants, helped to educate us and develop our Committee Findings, which are noted in full detail in the Committee Report.
Our findings include the fact that there exist within the moratorium zone 2, 343 seats at peak capacity when the weather cooperates – this includes seats in public space. Of those seats, at the outset of our process 274 seats were unused. We understand that Java House will shortly begin selling beer and wine, however, taking those 56 seats off the table. Additionally, I understand that yesterday, Club Chaos's license sold, putting into play some, if not all, of the 198 seats available under that license.
We also concluded that there are four (4) vacant storefronts within the moratorium zone, up from four years ago when we appeared before you when only a single vacant storefront existed.
Additionally, it was brought to the attention of the Committee that there was a 2005 unscientific traffic study undertaken by DCCA which indicated parking problems within the moratorium zone, particularly on Friday and Saturday nights. The Citizen's Association further commissioned a single sound study during the current moratorium period which indicated noise levels in front of a particular establishment that were above what was legally allowable.
Finally, we were able to obtain from the Metropolitan Police Department statistics that have shown that since the PSA serving the Dupont East Moratorium Zone transferred from the 3rd to 2nd Police District, response times have improved by 25%. All of these and some additional information are reflected in the full Committee Report before you. The findings helped us develop our recommendations.
Once we had a draft committee report and recommendations, we released it to the public and held another community meeting on our recommendations, which were then amended where appropriate. Each fact finding tour, public meeting and public comment received helped to perfect the recommendations the ANC made to this Board.
I would like to address those recommendations in order.
1. We requested a five year moratorium in order to see us through the streetscape project and allow for a period of time to assess its impact on businesses before considering another moratorium.
2/3. Following the streetscape project, we understand that there may be an impact on businesses – likely a negative impact, unfortunately. To that end, we would consider additional restaurant licenses after three years. If the economy continues to deteriorate and/or some other unforeseen event would impact the moratorium, we understand that the ANC could petition to open up the moratorium after two years, and we stand ready to exercise that authority if the situation warrants.
4. We simply recognize that JR's Bar and Grill may execute its approved lateral expansion at any time, if it so chooses. As a Commission, we would like to see the storefront next to JR's occupied in some manner, but understand and respect that it is a business decision of JR's, which holds the lease, as to whether they would like to occupy the space, lease it to someone else, or keep it vacant.
5. We would like to allow lateral expansion for successful businesses within the moratorium zone. We have recommended limiting lateral expansion to two businesses in an attempt to retain vital retail and service space. We have also recommended limiting expansion to historic row houses. Since we want successful businesses to be able to expand, we would request that any lateral expansions be required to utilize only a single entrance. In that way, the successful business can expand without bringing what might be perceived as or operate as a "new" business – with a different business model and different impacts on peace, order and quiet – to the neighborhood. Commissioner Meehan may speak more eloquently on this subject than I have.
6. We wanted to encourage entertainment endorsements with reasonable limits within the moratorium zone. Certain types of entertainment at certain times have a greater impact on peace, order and quiet than others. In an attempt to keep restaurants from morphing into clubs, we have recommended that entertainment only occur while the kitchen is open. However, instituting sound-dampening tools – such as double door systems – will keep the impact on peace, order and quiet at a minimum, and we want to support responsible businesses taking such action.
7. Because of the number of existing outdoor seats in public space along 17th Street between P and Q Streets, we have recommended that no more outdoor seating in public space be granted between P and Q Streets. The negative impact seats in public space on this block have in terms of noise on neighbors directly across the street from them should be kept to a minimum.
8. We have recommended allowing summer gardens overlooking Stead Park. For several years, 17th Street has struggled to incorporate Stead Park more fully into our neighborhood, and this would be a great opportunity to do so. Because of the noise that could carry to residents also facing Stead Park, we have recommended reasonable restrictions on hours of operation. Furthermore, we see these summer gardens overlooking the Park as having a positive impact on the trash and rat problems in the alley adjacent to the Park. Also, when and if the streetscape keeps customers from occupying public space along 17th Street when they want to dine outdoors, summer gardens would provide an alternative outdoor space for customers to enjoy. We request that no summer gardens be directed toward 17th Street for the same reasons I stated previously.
9. Our final recommendation is simply a reiteration of what the ANC's entire goal was during this process: to provide the ability for us to be flexible and exercise our duties as commissioners on a case-by-case basis, allowing successful businesses to grow and prosper, while at the same time instituting rules and recommendations that protect residents and retail diversity.
Chairman Feather and Members of the Board, I thank you very much for your indulgence today and for your consideration of our recommendations. I believe they provide the flexibility, protection and vision to sustain a vital corridor along 17th Street for the next five years. After Commissioner Meehan speaks, we would be happy to address any additional questions you may have.
0 comments:
Post a Comment