Advisory Neighborhood Commission 6B

Minutes of Regular ANC-6B Meeting

Tuesday, May 11, 2004

 

 

Commissioners Present: Julie Olson, Will Hill, Mary Wright, Francis Campbell, Ken Jarboe, and Scott Cernich

 

Commissioners Absent: Neil Glick, Keith Smith, Daryl Snowden, and David Sheldon

 

Chairperson Julie Olson chaired the meeting and all commissioners introduced themselves.

 

There is a quorum for conducting business.

 

Adoption of Agenda

 

Julie Olson made a correction of a typo error on the agenda.  Under ABC Committee, it states “New CR license”, Tapatini’s, and it should state “New CT license, Tapatini’s”.

 

Will Hill made the motion to accept the agenda as amended and Scott Cernich seconded.  The vote to accept was unanimous, 6 to 0

 

Community Speakout

 

The owner of New York Pizza informed the commission of his desire to create an outdoor café area consisting of 11 tables supporting approximately 32 people.  He wanted to know the procedures for making this happen.  Since he will be serving liquor, he will need to apply to the ABC Board for the license, which will take 45 days.

 

Lisa Alfred was concerned about the St. Coletta project and the accountability for it.  After some brief discussion, she was advised that the St. Coletta project is on the agenda for tonight, and would be discussed in greater detail later in the meeting, which was acceptable to her.

 

Peter Novak wanted to know who he needed to speak with about a house in the 900 block of 12th street, SE, regarding the property’s unkempt condition.

Commissioner Ken Jarboe informed the audience that on May 24th between 5 and 8 p.m., DDOT will be holding the last public meeting on the updated of the Bicycle Master Plan.  The open format will allow attendees to review the latest route amp up close and ask questions of DDOT staff and consultants.  The meeting will be held at the Reeves Municipal Center at 2000 14th Street, NW (14th & U Street) on the second floor.  For more information they can contact Jim Sebastian @ (202) 671-2331.

Commissioner Will Hill announced that on June 4th there will be a banquet held by the Metro Police Department to raise money to send 70 kids to summer camp.  The balance of monies raised will be devoted to building cabins for the kids.  Admission is $35.00 each.  Advertising space in the publication is also available, contact Will for more details.

 

Presentations

Bill McLeod 8th Street SE/Barracks Row Vending

Presenters: Carol Wright and Chris Alvear

Carole Wright, Marketing Manager, Washington Arts, Antiques, Crafts & Collectibles, Inc, made a presentation to the commission and community on the proposed opening of a Street Vendor (Flea) Market on 8th street.  The mission of the 8th Street/Barracks Row Sunday Sidewalk Fair Proposal is to create an environment to attract potential customers to area businesses on Sundays.  The market would operate on Sundays 12 Noon to 5:00 p.m. on the wide sidewalks on 8th street, in the 500 and 700 blocks.  They will not be allowed to use the sidewalks by the barracks, due to Homeland Security issues.  A large majority of the approximately 25 to 30 vendors will be vendors who are currently operating in Eastern Market on Saturdays. 

The streetscape sections will consist of the Oak trees, candle style street lamps, bike racks, and small planter boxes with 12 squares of Flagstones in between each of the sections along the sidewalk.  The Flagstone area happens to be the exact size of the vendor tents.  The proposed project, it is believed, can support a sufficient number of vendors to make it both attractive and profitable.

Carole visited New York City and reviewed their Street Fair operations, and received lots of strong suggestions from the promoters operating there.  They subsequently included those suggestions into their proposed Capitol Hill Project.

She originally believed they would have a great deal of difficulty securing insurance coverage for the project.  However, they have received approval by their insurance carrier to cover it.

Most of the current store owners on the blocks are in support of the project.  Store owners will be allowed to also occupy space on the street to sell their goods, however they will operate under the same rules and regulations of the other street vendors.

There are no plans to close the street.  There will be no food vendors allowed.  They will be seeking only to get Special Uses Permission.

They are also proposing to have a community booth setup to support local functions and activities.

The question was asked as to what type of support she has received for the project.  Councilperson Sharon Ambrose has given her a 150% approval and encouragement for the project.  Carole also has signatures from 20 businesses in the area in support of the project.  Additionally, she provided the Commission with a letter from Bill McLeod at Barracks Row expressing his full support, which is included with these minutes.  One Sunday, Carole and her group conducted interviews with pedestrians on 8th seeking their comments about the Sidewalk Fair proposal, and overwhelmingly the comments were very supportive.

A member of the community asked about quality control for vendor participants.  Carole and her organization would take the responsible for screening all applications. 

Under the old Public Space Usage Regulation, the selling of items on a Sunday on the street was not allowed.  However, it has an exclusion that states that if we present the concept with community interest, with business interest that is adjacent 95% of the block, which they have, and have proper insurance certificates and experience they can submit to the Mayor’s Council a request for Sunday use of public space.  They have not done this yet because wants to secure comments from the community and commissioners regarding their 8th Street/Barracks Row Sunday Sidewalk Fair proposal.

Julie Olson asked what type of timeline was the proposal operating on.  Carol stated that originally, she was shooting for September, but after conversations with the shop owners and vendor, she would like to proceed just as soon as approval can be obtained.

 

No vote was required since the 8th Street Vendor presentation was for informational purposes only.  Carole will return at a later date, and make a progress report to the commission.

Julie Olson made a motion to move item #6, ABC Committee on the agenda to above item #5 Planning and Zoning.  Neil Glick seconded the motion.  The vote was 7 to 0 to move the item.

 

ABC Committee

 

New CT License, Tapatini’s, 711 8th Street, SE – Application # 60739, Retailer “C” Tavern

 

Presented by Scott Cernich

 

John Cappolla, owner of Tapatinis, came before the ABC Committee to discuss the above-referenced application.  Tapatinis is a new Martini Bar that will be opening in late June.  Music will be from satellite radio, and a compact disc player.  Light food will be served on the premises.  Tapatinis’ license application specified an occasional disc jockey for private functions.  Tapatinis’ proposed hours are Sunday through Thursday, 11 a.m. to 2 a.m., and Friday through Saturday, 11 a.m. to 3 a.m.

 

Mr. Cappolla agreed to enter into a Voluntary Agreement with ANC.  The voluntary agreement will prohibit amplified live music, and live entertainment on the premises, prohibit music audible outside of the premises, and limit private functions with a disc jockey to approximately two (2) times per month. 

 

Mr. Cappolla provided the commissioners and community with a brief overview of his proposed establishment.

 

The ABC Committee recommends that ANC 6B not oppose this license application contingent upon the execution of a Voluntary Agreement.

 

Ken Jarboe reminded the commissioners that this would be Tapatinis’ first liquor license, therefore it should be accepted.

 

Ken Jarboe offered a Friendly Amendment to change the wording in the Voluntary Agreement from “not oppose” to read “support”.  Julie Olson, seconded the motion.  The vote was 6 to 0 accept the amendment.

 

There were no questions from the community or commissioners regarding the application.

 

The Commission voted on supporting the application.  The vote was 6 to 0.

Planning and Zoning

 

Public Space –Schezuan House, 523 8th St., SE –

 

Mr. Chun Hing Chenug, the owner of Szechwan House Restaurant, is applying for a permit for an outside café, consisting of approximately 3 or 4 tables to operate along within the operating hours.  He is also in the process of applying for the necessary changes in his liquor license to accommodate the outside café area.  The committee recommends that this license be approved.

 

The Commission voted to approve the application.  The vote was 7 to 0.

 

Historic Preservation – 432 New Jersey Ave., SE

 

Mark Teren, owner of 432 New Jersey Ave, SE, is applying for HPRB approval of the proposed 3rd story addition.  The new addition will have a 15-foot setback in the front so as not to be apparent from the front of the building.   The Committee recommends the approval of the plans.

 

The Commission voted on Committee’s recommendation.  The vote was 7 to 0.

 

Zoning Map & Text Amendment – M Street –  Maritime Plaza Presentation

 

Presented by Joel Lawson, DC Office of Planning

 

Also present were Harry Phofl, from the Bernstein Group, Mary Jean Brady with Washington Gas, Pratt with D.P. Consultants, to discuss plans for the Market Plaza site, and M. Street Corridor.

 

Joel Lawson presented the Office of Planning’s proposal 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.  The rezoning would change the underlying zoning current mixture of M, CM1, and CM2 to W-3 or possibly W-2 zoning.  The overlay area would be similar to the existing Capital Gateway overlay area that encompasses the South Capitol Street area, and portions of M Street Southeast area.  A major difference would be that the area east of 11th Street would not fall under the same design guidelines as pertains to the portion of M Street around New Jersey Avenue.  However, further Zoning Commission review would still be required for any developments within this new Capital Gateway II – East M Street overlay area.

 

The Committee understands the need to rezone this area, but has concerns about the proposal.  First, the Committee is concerned whether of not this zoning will disrupt the existing plans for Maritime Plaza, and create a disincentive to finish the project.  The representatives of the project raises the concern that the need for further Zoning Commission approval contained in the overlay proposal was a significant barrier that could slow the project down, and potentially create a disincentive.  They also raised the concern that office use, while an allowed use, was not included in the list of preferred uses.

 

Second, the Committee was concerned about the height of the buildings.  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.  The Committee believes that 90 feet may be too high for the area, and 60 feet too low given the existing buildings.  The Committee believes the heights of the existing buildings are appropriate.  The issue is not the actual size of the buildings, but the perception of the height of the buildings as one moves from L Street across the Southeast Freeway towards the river.  The higher building may be appropriate, if they take advantage of the sloping of the land to allow slightly higher buildings that still give the appearance of falling away as is proposed for Reservation 13.

 

This is particularly relevant for the 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 L Street, and is no higher than the existing Maritime Plaza buildings on M Street.

 

Phase II of the Maritime Plaza project is currently undergoing a Large Tract Review by the Office of Planning.  The Committee believes that it will be difficult to understand the full impact of this zoning, and overlay proposal on the Maritime Plaza Project without first having looked at the document for the Large Tract Review.

 

Given this difficulty, and the fact that the Zoning Commission hearing on this matter is not until after ANC’s June meeting, the Committee recommends that this item be tabled, and revised at the next Planning, and Zoning meeting.

 

The Commission agreed to table this matter until the June meeting.  No motion or vote is needed.

 

Resolution on St. Coletta’s School of Greater Washington

 

The matter of the St. Coletta’s school regarding the easement, and acquisition of additional property south of Burke St., SE, consisting of approximately 1.2 acres. 

 

Mr. Zampotori, Lisa Alfred, Jim Myers, and other neighbors stated that there is considerable opposition to the St. Coletta’s school’s use of the aforementioned property, and sites the lack of community input regarding the ANC’s resolution of December 9, 2003 approval of this use. 

 

Commissioner Campbell was having difficulty with his voice due to a cold, therefore Commissioner Olson read the Resolution prepared by the Planning and Zoning Committee.

 

RESOLUTION

Request for Easement by St. Coletta of Greater Washington

 

WHEREAS, in conjunction with its lease of Lots 1 and 2 of tax Lot 800 of Reservation 13, St. Coletta of Greater Washington is seeking a temporary easement to property south of the proposed Burke St. extension, referred to as Lots 3 and 4 of tax Lot 800 of Reservation 13; and,

 

WHEREAS, St. Coletta desires to use the existing driveway in the easement area for bus and other motor vehicle egress for the school to 19th Street; and,

 

WHEREAS, St. Coletta also desires to use the easement area as passive and active recreation and play areas for use by students of St. Coletta during school hours and is seeking the right to install facilities on that “green space”; and

 

WHEREAS, St. Coletta is also seeking “to erect/install fencing at the green space, limit the number and types of groups and organizations permitted to use the green space, and require appropriate liability and other types of insurance for individuals, groups and organizations using the green space”; and

 

WHEREAS, on December 9, 2003 ANC 6B voted with respect to the St. Coletta project to support a “modification of the design to allow the applicant temporary use of the existing driveway to the south of their leased property”; and

 

WHEREAS, the request for an easement for Lots 3 and 4 greatly exceeds the use of that land as was represented to the ANC.

 

Be it hereby resolved that ANC 6B:

 

  1. Strongly and unequivocally opposes St. Coletta’s request for an easement for use of Lots 3 and 4.
  2. Opposes any attempt by St. Coletta to seize additional property outside the generous gift of the City Council.
  3. Reminds St. Coletta that previous ANC 6B support was limited to temporary use of only the existing driveway until such time as Burke Street is constructed.
  4. Request that the District Department of Transportation move ahead quickly with the design of Burke Street so as to negate any need for the use of the existing driveway.

 

After much discussion with the representatives of St. Coletta, community, and Commissioners regarding the easement proposal, Commissioner Francis Campbell offered a Friendly-Amendment.  The amendment states “Invites St. Coletta and the Public to an open community forum to come to a positive conclusion for the use of this space, as long as St. Coletta withdraws their draft proposal.” 

 

Neil Glick made the motion to accept the Friendly-Amendment, and it was seconded by Scott Cernich.  The vote on the amendment was 3 –1-3, and the motion carried.

 

The vote on the Resolution was unanimous 7 to 0.

 

There was no further business and Commissioner Will Hill made the motion that the meeting be adjourned until its next meeting date of June 8, 2004.  The motion was seconded, and the vote was 7 to 0.

 

Meeting Adjourned.

 

Prepared by Bert Randolph

 

Attested: