The Zoning Commission for the District of Columbia continued a public hearing Nov. 17 on a modification to the second‑stage PUD for The Wharf that would formalize a one‑story Merchant’s Marina pavilion—an outdoor bar and café—at M Street Landing.

Applicant counsel David Avedable told the commission the pavilion was constructed after building permits for outdoor café use were issued but that the Zoning Administrator flagged the operable louvers and pull‑down side curtains as elements requiring commission approval. The applicant said the pavilion is consistent with the first‑stage PUD’s intent for M Street Landing as an active urban plaza and that Office of Planning (OP) staff reviewed the site and recommended approval based on scale, landscaping and grade changes.

Andrew Sun, CEO of District Wharf Properties, described recent ownership changes and said the property manager aims to shift from development to long‑term stewardship, increase community engagement and support tenants. He characterized the pavilion as modest, intended to extend outdoor dining seasonally and to help activate public space.

Shane Dettman, accepted as an expert in planning, reported the standard of review for a second‑stage modification is consistency with the first‑stage intent and a site plan evaluation; he concluded the pavilion does not materially alter view corridors, circulation or the plaza’s character.

Opposition testimony came primarily from Amaris Condominium residents. Mark Aguirre told the commission the pavilion sits about 50 feet from bedrooms in his building and raised concerns about privacy, late‑night noise, safety and property‑value impacts. Laurie McMahon, speaking for Amaris residents, highlighted two loading‑related concerns—unloading in front of the building and movement of trash and supplies across the shared open space—as well as the limits of reactive noise enforcement under district code.

Applicant counsel responded that operations will be governed by an existing cooperative agreement adopted through the liquor‑licensing process (the agreement referenced in the record dates to 2024) and that the applicant had offered conditions: use of the same loading dock and a pledge to prohibit live music at the pavilion. Counsel said the pull‑down sides are a mesh material, the louvers are operable and that the pavilion is intended mainly as seasonal, open‑air seating; restrooms are available inside the affiliated Philippe Chow restaurant and at nearby public facilities.

OP’s analyst, Jesse Jessup, told commissioners OP finds the modification consistent with the Comprehensive Plan and the PUD’s intent and recommended approval given the pavilion’s modest scale and landscaping.

Commissioners asked detailed questions about landscaping, view corridors, materials, occupancy and operational details; applicant representatives said seating is roughly 40–50, that the enclosing elements are typically used only in inclement weather or when securing the pavilion, and that sound attenuation is managed in part by keeping openings oriented to the plaza and by resorting to the ABC renewal process if operations cause problems.

The commission left the record open to Dec. 2 at 3:00 PM to receive the ANC 6D report and set the case for final action at the Dec. 18 meeting at 4:00 PM. No final vote or formal action was taken Nov. 17; commissioners said the case will be a one‑vote case on return.

The commission’s next steps are to receive the ANC’s report and any applicant response; the Dec. 18 meeting is when the commission plans to take final action.