Protect our Public Space
–
The Community Has Right to Protect the Integrity of the is Land
This page provides background information on
public space and the existing regulations governing it. We have
developed detailed responses as to why this project does not deserve
a public space permit.
The District of Columbia is a unique city in America
owing to the foresight of Pierre L’Enfant in 1791. He established
grand boulevards such as Maryland Avenue to provide views of the
Capitol Building. In 1870 the vision L’Enfant established was protected when
Congress established the “parking act” regulating the public
land which is perceived by many today to be the front yard of the
home – the space between the roadway and the building. The legislative
intent at that time was to require each land owner to landscape the
parking area thereby developing “parks” for the enjoyment of the
community. This was done purposefully so DC would not end up looking
like older cities such as Baltimore, Philadelphia, New York, and
even Georgetown which have minimal green space along their residential
streets.
What is the history of public space integrity?
“Public space, what is and is not privately owned,
is puzzling to many D.C. property owners. Sad to say, it is even
confusing to some of the government workers charged with regulating
it.”
“Because so many people over the years have not fully
understood the nature of extent of public space abutting their properties,
infringements abound. People are parking illegally in public space,
storing trash cans in public space, and fencing public space.”
Incompetence and lax government oversight in the past
which enabled public space violations to occur do not establish valid
precedents to follow.
What is C3-a zoning?
From the D.C. office of zoning – "The C-3-A District shall permit medium density development, with a density incentive for residential development within a general pattern of mixed-use development. 'Permits matter-of-right development for major retail and office uses to a maximum lot occupancy of 75% for residential use, a maximum FAR of 4.0 for residential and 2.5 FAR for other permitted uses and a maximum height of sixty-five (65) feet.'"
The property lists a gas station as a possible use; doesn't the
government have to accommodate it?
No. Zoning prescribes uses that may
be utilized at a property. This property is zoned as a C-3A which
is a broad classification for commercial uses. A property may be
developed for a prescribed use if its operation can be constructed
within the existing property lines. A gas station requires
certain vehicular movements. The operational requirements of
a 4 pump Shell gas station require a property size that exceeds the
private property available at this site. The government is under
no obligation to pave the public space so they can install a gas
station of this size. There are dozens of other allowable uses
such as restaurants, café’s, coffee shops, retail outlets, housing,
etc that can be constructed within the limits of their property.
Further, a gas station requires approval by the DC Zoning Board through the special exception process. The DC Zoning Board does not have to provide a special exception. The DC Zoning Board is currently scheduled to hear this case on Oct. 14.
How does this property fit within community supported
planning efforts?
This project violates both the DC Comprehensive
plan and the H Street revitalization plan. The citizens
of this neighborhood have been involved in active planning in cooperation
with District Government agencies for many years to revitalize
the H Street Corridor.
A gas station is an auto-oriented development that will:
Degrade the pedestrian environment
Attract loitering and panhandlers
With rigid suburban corporate Shell standards will
not blend with the community
Not contribute positively to a “rebranded”
H Street
Capitol Hill is underserved by groceries stores,
retail stores, and restaurants
The community has long sought to control auto-oriented
development such as drive throughs, gas stations, and strip malls
Capitol Hill’s parks and open spaces contribute
to neighborhood stability and are an important amenity but there
are too few parks to meet neighborhood needs
Parking is critical therefore limits are required
for new curb cuts to maintain the supply of on-street spaces
Policies of the DC comprehensive plan violated (emphasis
shows violations) by a Shell Gas Station:
Policy CH-1.1.3: Upgrading Commercial Districts
Support further development with local-serving retail services ,
provided that such uses are compatible with surrounding land
uses and the historic architecture and scale of
the shopping districts themselves.
Policy CH-1.1.4: Directing Growth
Direct growth in the Capitol Hill Planning Area to commercially zoned
land, with a particular emphasis on the H Street/Benning Road corridor. Mixed
use development combining ground floor retail and upper story residential uses
should be supported in this area, along with streetscape improvements
that improve visual and urban design qualities and enhance
pedestrian, bus, and auto circulation. As in all parts of the city,
the scale of development must be sensitive to adjacent uses
and should reflect the capacity of roads , infrastructure,
and services to absorb additional growth.
Policy CH-1.1.6: Inappropriate Commercial
Uses Prevent the proliferation of fast food outlets, self-service
gas stations , convenience mini-marts ,
and other “drive-through” businesses along Capitol Hill’s commercial
corridors, recognizing that these streets are part of the
historic L’Enfant Plan and shape the city’s identity and national
image
Policy CH-1.2.1: Recognition of Historic
Resources
Protect and preserve historic structures, places, and landmarks on
Capitol Hill, including Congressional Cemetery. Seek greater recognition
of the neighborhood’s defining physical features—including the L’Enfant
street plan —as important and nationally-significant cultural
resources.
Policy CH-1.2.3: L’Enfant Avenues Protect and preserve the special character, scale, and historic
features of the major L’Enfant Plan avenues that cross Capitol
Hill.
Policy CH-1.2.8: Streets as Open Space Maintain and enhance “functional” open space within Capitol
Hill, particularly the landscaped areas contained within street
rights-of-way . These areas include the Pennsylvania Avenue
esplanade, the numerous triangle parks along diagonal streets,
public plazas such as the area around Eastern Market Metrorail,
and the front “yards” of most Capitol Hill row houses, portions
of which are located within the public right-of-way.
Policy CH-2.1.1: H Street Revitalization Support the revitalization of the H Street corridor
between North Capitol Street and 17th Street NE in a manner
that is consistent with the approved 2003 H Street Strategic Development
Plan.
An Arts and Entertainment District, extending
from 12th Street to 15th Street. This area builds on the established
Atlas Theater, H Street Playhouse, and RL Christian Library. New
arts and cultural uses are encouraged, as are complementary
specialty retail uses, sitdown restaurants, arts-related retail,
and other community services. Moderate-density residential
and office space, including live-work space, also is encouraged in
this area.
Policy CH-2.1.3: Physical Improvements
Improve the infrastructure and physical appearance of
the H Street corridor as a way to enhance its market perception, and
to attract investors, visitors, shoppers, and residents.
Policy CH-2.1.4: H Street Transit and Streetscape
Improvements
Undertake transit and streetscape improvements to enhance mobility
along H Street, and improve the area’s accessibility from the
surrounding neighborhoods and other parts of the city. Improvements
should upgrade aesthetics and pedestrian safety and make walking
along the street more comfortable and enjoyable.
Action CH-2.1.B: Great Streets Improvements
Implement “Great Streets” streetscape plans for H Street and Benning
Road, including landscaping the avenue from Union Station to the
Anacostia River, maintaining the width of the street, planting
trees, upgrading signage and street furniture , and taking
other steps to manage traffic flow and reduce cut-through traffic
in adjacent neighborhoods.
H
Street Corridor Revitalization Plan
The H Street Corridor plan identified the following impediments to
retail development which a Shell Gas Station will exacerbate:
perception/reality of neighborhood crime
loitering
deficiency of parking
lack of concentrated retail activity/vacant
buildings
What criteria for public space use does this project
fail to meet?
This project fails to meet the criteria for use of
public space under multiple criteria.
The following are excerpts (in italics) of the DCRM code governing
public space that this project fails to meet: 200.2 The Director of the District of Columbia Department
of Public Works (the "Director") shall have the
following responsibilities under this chapter:
When a property owner requests the use of
public space, the Director shall investigate thepublic
need for that space, consider
the proposed use of the space, and recommend
to the Public Space Committee (the "Committee”) approval
or disapproval of the use;
The proposal to construct a Shell Gas Station fails
this requirement on two grounds: There is an alternative need for the public space.
Public survey shows restaurant with cafes
Argonaut
Few opportunities for cafes along H Street
A Shell Gas station is in direct opposition to no
fewer than 10 of the adopted policies of the DC Comprehensive Plan
for Capitol Hill by failing to:
Create space for outdoor cafes and
pedestrian gathering
Combat public perception of crime
Auto dominated vs. pedestrian use
that won’t support H St redevelopment
A Shell Gas station does not support the H Street
revitalization plan adopted by the City
A gas station is a redundant and overrepresented
service on this end of the corridor that does not fulfill a missing
retail need
The proposed use is not appropriate for public
space.
Paving public space is a clear violation of the
L’Enfant Plan and the 1870 parking act
Maryland Avenue is a National Capital Planning Commission
viewshed corridor
A gas station has negative environmental impact
on the ground
The large impervious surface will degrade stormwater
quality
The Mayor, Council, DDOT director, and other
government agencies must oppose this projects use of public space.
The Director, when he or she deems it necessary
shall inspect each space for which a permit application is
received to determine compliance with the Act, this title,
and the terms of the permit;
The Director shall refer violations of the Act,
the provisions of this chapter, the permit, or conditions requiring
remedial action to the Director of Consumer and Regulatory Affairs;
and
If, as a result of the private use of surface
space, an imminently dangerous condition is discovered, and public
safety requires, the Director shall take any necessary steps
to immediately remedy the situation.
200.3 The Public Space Committee shall, on recommendation
from the Director, determine the public need for public space,
what private use may be made of it, and what may be erected or
installed in that space.
200.4 The Committee shall approve or disapprove
all applications for the use of public space referred to it by
the Director, and no permit for use of public space shall be issued
without Committee approval.
200.5 The Director of Finance and Revenue shall
render all bills and collect all rents and other charges for public
space occupancy and use, as provided by law and regulation.
The Shell owners would not have to pay for
use of the public space as it is not “technically” a parking lot!
This is a public land subsidy for Shell and DAG!
This use was not defined – therefore rent free
Other uses the public support would generate revenue
such as a sidewalk café which would create a public gathering space
and contribute positively to the neighborhood
Any personal property placed
on public space by the permittee shall be readily movable,
and maintained in a-good clean condition; and shall not
be allowed to deteriorate, or become unsightly or dangerous
to the public.
Constructing the Shell Station and paving the
public space is permanent!! Installing a sign on public space is
permanent! There is nothing temporary about this. Leaking
gas and oil along with parked cars on public space is unsightly.
Curb cuts are dangerous to pedestrians. Corner lot gas stations
increase car accidents and contribute to poor air quality and congestion.
Gas Station Impacts on the Community
Crime: “A Thieves Paradise”
The Washington, DC, Metropolitan Police Department
(MPD) reported a dramatic rise in gas station theft over the
past year. In 2006, the MPD reported 89 thefts from vehicles,
but it has reported 427 thefts, a 380 percent increase, for 2007.
Auto thefts have also risen dramatically—by 93 percent.
Over the past year, there have been 632 crimes committed
at D.C. gas stations, including 182 in Ward 7.
Following EPA inspections in October 2004, sixteen
gas stations were cited for violating the Clean Air Act regulations
that require gas stations to install and maintain anti-pollution
devices, called vapor recovery control systems.
Facilities sited include:
Benning Road Shell, Bladensburg Exxon, Parkway
Shell 3355b Benning Road, NE 1925 Bladensburg Road, NE 1765 New
York Ave., NE Washington, DC 20019 Washington, DC 20002.
Bladensburg BP #2, Stadium Exxon, New York Avenue
Exxon 814 Bladensburg Road, NE 2651 Benning Road, NE 2230 New York
Ave., NE Washington, DC 20002
Minnesota Avenue Shell, Lowest Price Station, Minnesota
Avenue Citgo 3830 Minnesota Ave., NE 4519 Benning Road, NE 3820
Minnesota Ave., NE, Washington, DC 20019
Ground-level ozone is the main ingredient in urban
and regional smog. It is created when air pollutants from a variety
of sources including gas stations react in sunlight.
The main ozone-causing pollutants are volatile organic compounds
(VOCs) and nitrogen oxides (NOx). Motor vehicles account for about
30-40% of the ozone-causing pollutants in the Baltimore Washington
Metropolitan area.
EPA and many state and local leaders committed to sustainable development
and preserving green space are cleaning up and making available
for reuse former gas stations, often located on corner lots and
in other prime locations. Reusing abandoned gas stations helps
preserve green space, reduce urban sprawl, and reduce the distance
people have to travel for services, thus decreasing air pollution.
Water Quality:
Uncovered fueling stations allow spills to be
washed into storm drains. Cars waiting to be repaired or towed
away can leak fuel, oil, and other harmful fluids that can be
picked up by storm water run-off and flows into storm sewers.
Car washing, vehicle maintenance and degreasing
that may occur at gas stations send detergents and other contaminants
into the storm sewer system as well.
Improperly maintain oil/water separators and other
storm water best management practices (BMP) discharge pollutants
into nearby streams and rivers. This has the same result as dumping
the materials directly into nearby water bodies (Anacostia River).
What
is public space?