Advisory Neighborhood
Commission 6B
Minutes of Regular
ANC-6B Meeting
Tuesday, June 15,
2004
Commissioners Present:
Commissioners Absent: David Sheldon, Scott Cernich, Kenan Jarboe, Will
Hill, Daryl Snowden, and Francis Campbell
Chairperson Julie Olson
chaired the meeting and the commissioners introduced themselves.
There was not a quorum for
conducting business; therefore the meeting was rescheduled for Tuesday, June
15, 2004
The June 15, 2004 Meeting:
Commissioners Present: Julie Olson, Neil Glick, Kenan Jarboe, Mary Wright,
Francis Campbell, and Keith Smith
Commissioners Absent: Will Hill, and Scott Cernich (both arrived after start
of meeting)
Chairperson Julie Olson
chaired the meeting and all commissioners introduced themselves.
There is a quorum for
conducting business.
Changes in the agenda. Julie – Under item #3, add presentation by
Washington Gas. Under Planning and
Zoning Committee two items Outdoor Patios and Liquor Licenses. Finn macCools Café Outdoor Patio and Liquor
License, and World Cuisine Outdoor Patio and Liquor License. We will do the Outdoor Patios first and then
we will cover the Liquor License.
Commissioner Neil Glick made
the motion that all future meeting the Commission will hear all Committee (ABC,
Planning and Zoning, and Eastern Market) matters prior to conducting any other
business matters.
Commissioner Mary Wright wanted
to know what the rationale behind his motion.
Commissioner Glick stated “We need to vote early because we spend a lot
of time on presentations that should take 10 to 20 minutes, but go on for an
hour to an hour and a half, and we’re sitting here at 10:30 at night finishing
business, and I am just really against it.”
So this evening, I move that the Planning and Zoning Committee, and the
ABC Committee go under section 3.
Commissioner Ken Jarboe made
a point of clarification – The presentation of Washington Gas is part of the
part of their Large Tract Review, so it is not a separate presentation. He also moved that the Commission refer this
matter to the Executive Committee because he thinks that something the
Executive Committee needs to talk about.
He further stated that he maybe in favor if it, but he didn’t believe
this setting is the place to be discussing it.
After some additional
discussion, Commissioner Jarboe made the motion that the issue be brought up
before the Executive Committee to talking about the order of presentation
because he feels that the Commission needs to talk about it in context of all
the things that are included in Community Speakout and Community Announcements.
As a point of clarification,
Commissioner Glick asked will the Washington Gas’ presentation be during the
part by
Commissioner Julie Olson
seconded the motion. The vote was 6 to
0.
Commissioner
Commissioner
No comments from the
community.
Commissioner Olson – On June
18th, there is a Sidewalk Housing Fair that will provide home buying
information, housing counseling, credit review, and government agencies will be
on hand, plus fun, food, and music. The
fair is sponsored by the DC Department of Housing and Community
Development. The fair is located at
Commissioner Campbell – As a
matter of record, St Coletta is having their Groundbreaking ceremony on June 18th
at 1:00 p.m.
Commissioner Campbell stated that
Finn macCool’s Café – Outdoor Patio – Mr. Paul Woodhull, owner is applying for
the use of public space for an outside patio.
The applicant needs to provide a copy of the public space
permit/application to ANC 6B. Presently
this ANC has a drawing of the proposed seating area showing 42 outside
seats. Owing to the amount of existing
space in front of Finn macCool’s this is of some concern to this
committee. However this will be
recommended for approval pending submission of the previous mentioned documents
and addressing the proposed seating concerns of the affected public space.
There was a discussion
regarding the number of seats planned and the potential for crowding. Mr. Woodhull stated that they would be using
the very small tables similar to the ones used by Marty’s Restaurant.
Commission
Commissioner Olson asked the
other commissioners if they had any objections to the number of tables as shown
on the drawing. Commissioner Glick
commented that looking at the drawing and the requirement for space between the
tree box for walking space that it does not appear that it is not feasible to
have 42 tables with chairs, and allow for pedestrian traffic.
Commission
Commissioner
Olson stated her concern was the difference in the number of tables and chairs
listed on the Public Space Permit Application versus the drawing that was
submitted to the Committee. She asked
Mr. Woodhull if he’d seen the permit application, and he stated this was the
first he’d seen it. According to Mr.
Woodhull his application was submitted by Mr. Anthony Downing.
The discussion from the
Commissioners was that they would be willing to support the application as long
as the number of tables and chairs conform to the number of the Public Space
Permit Application.
Commissioner Jarboe made the
motion to amend the Planning and Zoning Committee’s recommendation to approve 6
tables and 12 chairs or the amount of space the Planning and Zoning Commission
determines is feasible in that particular space. Commissioner Jarboe restated his motion “to
approve the application for 6 tables and 12 chairs based upon what Planning and
Zoning feels is allowable in that public space or what every Planning and
Zoning believes is appropriate for the space.
The motion was seconded by Commissioner Campbell.
The Chair asked all in favor
to raise their hands. The vote was
unanimous (7-0-1).
World Cuisine – Outdoor Patio
Mr. Robert Ramsey is applying
for a public space permit for a sidewalk patio at
Chairperson Olson asked if
there was any additional information regarding the outdoor patio.
Mr. Ramsey stated that he
wanted to make sure there were no issues associated with the number of chair
and tables he was planning to have. He
stated that there would be four (4) tables with two (2) chairs each.
The Chair asked all in favor
of the Committee’s recommendation to raise their hands. The vote was unanimous
8 to 0.
Las Placitas
Las Placitas is seeking a new
outdoor patio liquor license for its establishment located at
The Chair asked about the
hours of operation. The Brown stated
that they will be the same as they currently are.
Commissioner Glick made the
motion that the application be approved for three (3) tables and two (2) chairs
per each. The motion was seconded by
Commissioner Hill. The Chair asked all
in favor of supporting the outdoor patio public space license to raise their
hands. The vote was unanimous 8 to 0.
Commissioner Smith asked if
Las Placitas if his current liquor license covers the outdoor patio and he
responded that it did not and that he was planning to do so in the next month.
The Chair stated that since
the Commission would not be meeting during July and August that the Commission
should deal with the now.
BZA Case #17196, 707 East
Capitol Street
The applicants, Mr. and Mrs.
Daley-Harris, are making application for a special exemption to allow a 2-story
rear addition and porch to an existing row house. There are letters of support from adjourning
and affected neighbors accompany the application. No issues of concern exist with this
application, therefore the Committee recommends for approval to the full ANC.
There was no new information
or questions from the Commissioners. The
Chair stated that the Committee’s recommendation was on the table for approval
and asked all in favor to raise their hands.
The vote was unanimous (8-0).
ZC Case #04-02 Capital
Gateway II – East M Street
The Chair turned the
proceeding over to Commissioner Jarboe, who reported the following:
The Office of Planning is
proposing to rezone the area between 11th Street, the Southeast Freeway and the
Anacostia River and create a Capital Gateway II - East M Street overlay area. OP and representatives from the
The rezoning would change the
underlying zoning the current mixture of M, CM1 and CM2 to a W-3 zone with a
W-2 zone for the area currently occupied by the freeway. In a W-3 zone, building heights of 90 feet
are allowed with a FAR of 6.0; a W-2 zone allows for heights of 60 feet with
4.0 FAR.
An overlay area would be
created similar to the existing Capital Gateway overlay area that encompasses
the
The Committee understands the
need to rezone this area, but has some concerns about the proposal. First, the Committee is concerned whether or
not this rezoning will disrupt the existing plans for
Second, the Committee was
concerned about the height of the buildings.
The Committee believes the heights of the existing buildings are
appropriate. The issue is not the actual
size of the building, but the perception of the height of the building as one
moves from
This is particularly relevant
for that portion of the area currently occupied by the Southeast Freeway. In the eventuality that the freeway is
removed, development on that land should be limited in height so that the
roofline is lower than the current houses on
Concerning the requirement
for further Zoning Committee review of development on the site, we understand
the concern of the developers of Maritime Plaza and the fact that the
development under going Office of Planning review under the Large Tract Review
process. It has been the ANC’s
continuing belief that such further design review is an important part of the
process and has been highly supportive of such requirements in both the SEFC
and Reservation 13. In this case, we
believe that further design review is warranted as there is at least one (and
may be more depending on the fate of the freeway) additionally developments
planned for the site. The Large Tract
Review process (while without the enforcement mechanism of a Zoning Commission
decision) addresses some, but not all of this need by laying out the
information needed for the analysis. We
would therefore recommend that the Zoning Commission adopt an expedited review
process for any sites that have under gone Large Tract Review.
We would also ask the Zoning
Commission to insure that office use is in no way inadvertently penalized under
this zoning, as it will be the major use of this site – while maintaining
incentives for retail use.
Therefore, the committee
recommends that the ANC support the re-zoning proposal with the recommendations
concerning the heights of the buildings in the area currently occupied by the
freeway and concerning an expedited review.
The Chair asked if there were
any comments from the Commissioners regarding the case and there were none.
The Chair asked if there were
any comments from the community and a people from Washington Gas briefly
discussed the concerns regarding the massing issue associated with this and the
Maritime Plaza Large Tract Review.
Commissioner Jarboe then
stated that the Planning and Zoning Committee has been trying to take these two
issues together because they are basically the same property, therefore the
Committee recommends the following comments be filed with the Office of
Planning regarding Large Tract Review:
The Planning and Zoning
Committee has meet with the Office of Planning and the Washington Gas Maritime
Plaza project twice in conjunction with both the proposed Capital Gateway II –
East M Street re-zoning and overlay (ZC Case 04-02) and the Large Tract review
of the project.
The Committee recommends the
following comments on be filed with the Office of Planning concerning the Large
Tract Review:
“ANC 6B is supportive of the
development between 11th Street, M Street and Water Street, SE on
the Washington Gas site know as Maritime Plaza.
The developer has gone to great lengths to keep us informed as to the
process of the project and has been receptive to our suggestions.
The ANC reviewed and
supported Phase I and II of this project.
The current review before the DC Office of Planning and the ANC involved
the construction of three additional buildings on the site as well as a parking
structure.
The ANC is some what
concerned over the placement of the new buildings, which will be higher than
the existing building. We have always
believed that the height of the existing (Phase I and II) buildings is appropriate
The general policy we have
stressed in the past, specifically at both the SEFC and Reservation 13, is that
the buildings should appear to fall away as you approach the river. In the case of SEFC, this meant placing
smaller buildings closer to the river.
In the case of Reservation 13, this meant that the building closer to
the river could be taller if they took advantage of the downward slope of the
land so that their rooflines were not higher than the other buildings.
In the case of
The ANC’s concern is over the
changes in the building placement. The
original placements of the additional buildings were perpendicular to the
waterfront, which had the effect of minimizing their blocking of the sight line
to the river. The new proposed placement
of the third of the three new building, in either of the two alternatives
presented, as more parallel to the river has the potential for creating a
visual wall, screening off the river from view.
This concern is mitigated,
somewhat, by the design of the main plaza, which will present a “grand opening”
to the river, and by the creation of a new plaza at the end of
On the matter of the parking
garage, we strongly support the design of the parking structure so that the
ground floor can be use as retail space.
We would also recommend that the parking garage be no higher than the
existing building on M Street and the façade be similar so as to create visual
continuity along M St. and
The Chair stated that the
Planning and Zoning Committee report is before the Commission to support the
re-zoning proposal with the recommendations concerning the heights of the
building in the area currently occupied by the freeway and concerning the
expedited review. The Chair then asked
all in favor to raise their hands. The
vote was unanimous (7-0).
The Chair turned the session
over to the Commissioner Cernich, Chair of the ABC Committee.
Finn macCool’s Café is
located at
Commissioner Jarboe noted
that the application did not include anything about their hours of
operation. Commissioner Cernich stated
that they would be the same hours as they are currently operating. He went on to asked if this was standard
operating hours and the response was that is was for establishments along
The Chair stated that the
recommendation is that the ANC support the recommendation for Finn macCool’s
application to amend their liquor license to include an outdoor café. The Chair
stated that since this comes as a recommendation from the Committee there was
not need for a second. The Chair then
asked all in favor to raise their hands.
The vote was 7-0-1.
World Cuisine – Outdoor Patio
World Cuisine informed the
Committee that in the coming month it will be seeking a stipulated Class “C”
Restaurant license. Because the ANC will
not be meeting in July and August, World Cuisine requested that the ANC vote at
its June meeting to support the stipulated license application. World Cuisine operates a restaurant. The hours of operation will be 8 a.m. to 10
p.m., Monday through Saturday. The
license would include a sidewalk café.
The Committee recommends that the ANC support World Cuisine’s
anticipated application for a stipulated Class “C” Restaurant License.
Commissioner Jarboe asked if
the license will include any live music or any music being piped to the front
of the establishment, will the license include any provisions for live
music. Mr. Ramsey stated there will be
no music to the patio and there is no decision regarding live music on the
inside. Commissioner Jarboe voiced his
concern about having live music and since the Committee is voting on a
stipulated license, he recommended that the Commission make a recommendation
that no amplified live music and speakers that can be heard outside the
premise.
Chairperson stated that
Commissioner Jarboe has a motion on the table to amend the stipulated license
application to include no amplified live music and that no music can be heard
outside the premise. The motion was
seconded by Commissioner Cernich.
Commissioner Glick asked how
late will the restaurant be open. Mr.
Ramsey stated that the application is for 2 a.m., but they are planning to stay
open until 10 a.m. Commissioner Campbell
stated that at the last meeting the application was for the operating hours of
8 a.m. to 2 a.m., but he is currently operating 8 a.m. to 10 p.m., which Mr.
Ramsey agreed.
Commissioner Jarboe asked if
he was seeking a “CR” or a “CT” license and he responded that it was a
“CR”. Commissioner Jarboe went on the
state that it needs to be stated in the stipulated license that he is seek a
“CR” license.
Commissioner Glick made a
Friendly Amendment to change the hours in the report from 8 a.m. to 2 a.m. The motion was seconded by Commissioner
Campbell.
The Chair asked all in favor
of the Friendly Amendment to raise their hands.
The vote was unanimous 8 to 0.
The motion to amend the
stipulated license to include no amplified live music and no music can be heard
outside the premise. The Chair asked for
a voice vote and the motion carried.
The Chair asked for a vote on
the actual report with the Friendly Amendment and the other motion by
Commissioner Jarboe and asked all in favor of the report to raise their
hands. The vote was unanimous 8 to 0.
The Chair informed Mr. Ramsey
that the support letter would be written once he has received his placard.
Las Placitas
The Chair stated that since
the Commission would not be meeting during the months of July and August it
would handle his application to amend his liquor license for an outdoor café
now.
The Commissioner Glick asked
if he was seeking a “CR” license. His
response was yes. He was then asked by
the Chair what his hours of operation would be for the outdoor café. He stated the hours would be 11:00 a.m. to
11:00 p.m., seven (7) days/week and that there would be no music.
Commissioner Glick made the
motion to approve the amendment to the liquor license to serve alcohol on the
outdoor patio without any music outside.
The motion was seconded by Commissioner Wright. The Chair asked all in favor to raise their
hands. The vote was unanimous 8 to 0.
Tandoor Grill
The owner of Tandoor Grill is
seeking to amend his liquor license to have live un-amplified music. His establishment currently has a “CR”
license. Their closing time is 11:30
p.m. Since he desires to have music, he
must apply for a license change. He
currently has a Voluntary Agreement with the ANC and if music is allowed the
agreement will need to be amended.
Commissioner Jarboe made the
motion to approve the stipulated change in the license to allow un-amplified
live music and any changes necessary in their current Voluntary Agreement to
comport with this modification. The
motion was seconded by Commissioner Smith.
The Chair asked all in favor to raise their hands. The vote was unanimous (7-0).
Committee Reports and Announcements
Commissioner Jarboe announced
that the Commission has received a letter from the DC Auditor recommending the
release of the next set of funds based upon the 2nd Quarter FY ‘2004
Financial Report.
Adjournment
There was not further
business and Commissioner Hill made the motion that the meeting be adjourned
until its next meeting date of July 13, 2004.
The motion was seconded, and the vote was 8 to 0.
Meeting Adjourned.
Prepared by Bert Randolph
Attested: