Minutes of Regular
Meeting
Tuesday, September
21, 2010; 7:00 pm[1]
ATTENDANCE
Commissioners Present: Francis Campbell, Dave Garrison (chairing), Carol Green, Neil Glick, Will Hill, Kenan Jarboe, Norman Metzger, Kirsten Oldenburg, Michael Patterson, and Mary Wright.
Commissioners Absent: none
Also in attendance: ANC6B Staff Assistant, Bert Randolph.
1. Adoption of Agenda
Following the introduction of Commissioners, the Chair proposed several changes to the agenda: the addition of an Executive Committee report and a Report by the Chair of the Special Committee on Retail Mix. There being no further changes offered, the revised agenda was adopted by a voice vote.
2. Community Speakout
Commissioner Oldenburg read a letter sent to Mr. Tip Tipton and Mr. David Perry signed by Commissioner Jarboe and herself. The letter reiterates the comments both Commissioners made on the draft report of the Eastern Market Metro Plaza Task Force in March 2010 since they have not been made public by the organization. It also states the Commissioners’ view that a “preferred option” can only emerge from a formal Environmental Assessment. Commissioner Jarboe added that absent this information, he was in favor of a plan produced several years ago that spent far less money simply re-landscaping the two plazas.
Mr. Joseph Shea, resident on the 500 block of
Mr. Vernon Mallu,
Ms Barbara Riehle, Eastern Market Metro Community Association (EMMCA), read a statement condemning ANC6B for not following the spirit of DC’s “Sunshine Law”:
At the August 25th Candidate Forum for the Ward 6 Council seat, Councilmember Tommy Wells stated his view that all government meetings should be open to the public; the only legitimate exception to open government meetings that he noted was in the case of personnel matters. The other candidates at the forum, Jim DeMartino and Kelvin Robinson, agreed with this common sense position.
This preference for open meetings conforms to both the spirit and the letter of the so-called "sunshine laws," a set of regulations which require that meetings of legislative or decision-making entities be given advance notice, held in public, and that their records, including records of any decision, be disclosed and accessible.
ANC 6B routinely violates these norms. Commission members routinely meet behind closed doors to formulate opinion and to set agendas. Records on these closed door meetings are not accessible on ANC6B's website. It is not even clear which ANC commissioners participate in these closed meetings.
This behavior is a clear violation of the spirit of the District's "Sunshine Law" may also be illegal. I am asking ANC6b to make the following changes to its procedures:
1. End the practice of meeting behind closed doors to formulate opinions and committee recommendations,
2. End the practice of setting the full committee's agenda in closed "Executive Committee" sessions,
3. Post the meeting times and dates of ALL committee meetings in advance of their occurrence and afterwards post transcripts of all meetings.
ANC commissioners, by virtue of their position, often serve on other organizations. For example, Commissioner Jarboe serves on EMCAC -- Eastern Market Citizen's Advisory Committee -- Commissioner Oldenburg serves on the Marine's Community Integrated Master Plan (CIMP) group.
Both commissioners report regularly on the work of these groups. Yet when both Commissioner Jarboe and Oldenburg served on the Eastern Market Metro Plaza and Park Task Force (aka Town Square Task Force), they made no such reports; they voted by secret ballot; and they remained silent when community meetings were misrepresented in the alarmingly disingenuous Final Report of the Task Force. To make matters worse, ANC6b determined in closed door executive session not to address the plans of this Task Force.
At the very least, commissioners should report the actions of groups on which they serve, and commissioners should not participate in secret balloting. It's time for ANC6B to get its house in order. Open the doors and let the sunshine in.
Commissioner Garrison responded to Ms Riehle’s comments by stating that the meeting dates and times for all ANC meetings are posted on the ANC’s website and that the agenda for all meetings is posted about a week before the meetings occur.
Mr. Larry Janezich said he was a candidate for ANC6B04 and announced that he associated himself with and endorsed Ms Riehle’s statement. At this point, Commissioner Oldenburg took the opportunity to ask Ms Riehle to correct several points in parts of her written statement.
Ms Catherine Fryd rose to accuse an unnamed Commissioner of spreading a rumor that there was a conspiracy and she offered that Commissioner the opportunity to apologize.
Mr. Josh Saunders,
Mr. Ivan Firshberg, candidate for ANC6B02, asked for an response to Ms Riehle’s point about closed Committee meetings. Commissioner Garrison explained that at the end of each Committee meeting, Commissioners present have a brief conversation about the various cases that had been presented. Then, throughout the next week, these Commissioners have a exchange of views out of which the Committee Report is formed. The Chair of the Committee then reads the Report at the next full ANC meeting and that Report becomes a part of the minutes. Until this occurs, the Report is not official.
Mr. Brian Pate, candidate for ANC6B05, announced that he supported Ms Riehle’s statement .
Mr. Joseph Fengler announced that he was not an ANC6B candidate and asked why ANC6B had no resident participants on its Committees. Commissioner Glick responded that the By-Laws do permit this. Commissioner Garrison added that the By-Laws are available on the ANC’s website.
3. Community and Commission
Announcements
There were none.
4. Presentation
Casey Trees’ Resources for DC Residents—Sue Erhardt, Education Director
Ms Lacey Brown, Casey Trees Education Coordinator, substituted for Ms Erhardt. She presented information about various Casey Tree programs, including its $50 rebate on the cost of trees residents plant in their own yard, its partnership with DC’s Department of the Environment on its River Smart Homes program, and various classes on tree information, treescape design, and so on. In addition, Ms Brown discussed its partnerships with neighborhood organization for tree plantings. Finally, Ms Brown announced that free ooze tubes (to water trees) were available from Casey Trees.
5. Executive Committee Report
Commissioner Garrison asked Commission Jarboe to read the Committee’s report as Commissioner Jarboe had chaired the meeting (a copy of the report is attached). Commissioner Jarboe said that the Executive Committee had voted its unanimous support for ANC6B action on four items, as is allowed by the By-Laws. All such actions, however, must be subsequently ratified by the full Commission.
The first Executive Committee decision occurred at a Special Call meeting on August 26, 2010, regarding the ABC Board’s decision to grant an exemption from the single sales ban to Eastern Thrifty Market even though the Commission had voted not to support the exemption. The decision at that meeting was for ANC6B to write to the ABC Board and strongly object to its decision. Chair Garrison said he would treat the question as to whether the ANC should agree to the action of the Committee as a motion from Commissioner Jarboe (with a second by Commissioner Metzger). The Commission voted 10-0 in favor of the motion.
The balance of the Report items occurred at the Committee meeting of August 31, 2010, and were similarly treated as motions. Thus, Commissioner Jarboe moved (with a second by Commissioner Green) that the ANC agree to the action of the Executive Committee to write a letter of support for the neighbors protesting the ABC Board’s decision to grant a sidewalk café license to Park Café without any notification to the neighborhood. The Commission voted 10-0 in support of the motion.
Commissioner Jarboe moved (with a second by Commissioner Campbell) that the ANC agree to the action of the Executive Committee authorizing testimony before the DC Council on September 20, 2010, on legislation pertaining to the ABC Board. The Commission voted 10-0 in support of the motion.
Commissioner Jarboe moved (with a second by Commissioner Garrison) that the ANC agree to the action of the Executive Committee authorizing testimony before the DC Council on pending changes to the Open Meetings Act. The Commission voted 10-0 in favor of the motion.
6. Planning & Zoning Committee
PS #57401, 801 Pennsylvania
Commissioner Campbell reported that the Committee recommends that the Commission support the public space permit application. Ms Stephanie Petway and Mr. Richard Dyer were present, representing Verizon, and stated they had no new information. Deputy Fire Chief Christopher Jordan, DC Fire Department’s Facilities Planning Officer, was recognized. He stated that the rear of the Fire Department’s Barracks Row fire station abuts the public space in question and the station had not been aware of the application until Commissioner Oldenburg brought it to their attention on September 21st. DFC Jordan explained that firemen on duty use the area to park their cars and the plans for the telecommunications equipment would reduce the space.
After some discussion, Commissioner Oldenburg moved (with a
second by Commissioner Wright) that the Commission not support the public space
application until and unless Verizon
has worked out a solution whereby the DC Fire Department’s 8th Street
SE fire station will not be negatively affected by the installation of the
equipment. The Commission voted 9-0-1 in
support of the motion.
Subsequent to the vote, Verzion representatives advised the Commission that the Open Space Committee was schedule to hear this case on October 28, 2010. The Chair suggested that if the issues are resolved, Verzion could reappear at the ANC meeting on October 12, 2010, and ask for a reconsideration of the vote.
HPA #10-318, 907 East Capitol Street SE
Commissioner Campbell reported that the Committee recommends that, pending receipt of requested additional information, the Commission recommends that the Commission support the HP application. Mr. Andre Houston, owner and architect, was present and provided the Commission with a vicinity map and proof of additional neighbors support for the project.
The Commission voted
9-0-1 in support of the HP application.
HPA #10-422,
Commissioner Campbell reported that the Committee recommends that the Commission, pending receipt and review of requested new information, support the application.
Mr. Stuart McAlpine, owner, provided the requested information and said he had discussed his plans with the new owners of The Maples and the owners of 634 South Carolina Avenue SE. Both supported the project. Mr. McAlpine also stated that after conferring with HPO, the windows planned for the north side of the dormer had been changed at HPO’s request and provided the Commission with drawings showing the changes.
The Commission voted 10-0
in support of the application.
HPA
#10-429, 313 9th
Street SE
Commissioner Campbell reported that the Committee recommends that the Commission oppose the proposal.
Ms Kitty Kaupp, owner, was present and accompanied by Ms Tati Kaupp and Ms Amy Weinstein, architect. Ms. Weinstein stated that, since the Committee had met, the height of the garage roof had been lowered such that it was no longer higher than the average height of garages in the alley. Commissioner Metzger asked and was told that the highest was 21.4 feet and the lowest 18.6 feet. Ms Weinstein also stated that a pitched roof that had been considered earlier was not feasible because of the 8 foot canvases used by the artists, requiring vertical solid walls.
Ms Catherine Plume, owner of 307 and
After some comments by
Commissioners Garrison, Metzger, and Jarboe, the Commission voted 8-1-1 in
support of the Committee’s recommendation to oppose the HP application.
HPA
#10-499, 520 8th Street SE—One-story addition
Commissioner Campbell reported that
the Committee recommends, pending receipt of requested information, that the
Commission support the application. Mr.
HPA #10-451, 328 4th
Street SE—Two story rear and one-story screened porch Commissioner Campbell
reported that the Committee recommends that, pending receipt of requested
additional information, the Commission support the application. Mr. Eric Peterson, architect, was present and
provided the Commission with a vicinity map and stated that the project had the
support of the church, which owns
BZA
Commissioner Campbell reported that the Committee has no recommendation on this BZA case since neither the applicant nor a representative were present at the meeting.
Neither the applicant nor a representative showed up for the Commission meeting. Commissioner Jarboe moved (with a second by Commissioner Wright) that the Commission oppose the application. The Commission voted 9-0-1 in favor of the motion.
CSX Tunnel Project ROE Request to DPR for archaeological
investigation of Virginia Avenue Park, Stephen Flipping, CSX
Commissioner Campbell reported that the Committee recommends that the Commission submit a letter to DC’s Department of Parks and Recreation supporting the issuance of a Right-of-Entry permit.
Mr. Stephen Flippin, Director of Federal Affairs, CSX, and
Dr. Donna Seifert, Principal Archeologist, JMA Inc, were present. In response to a question from Ms Gavin, a
resident, Mr. Flippin replied that there would be no impact on the
The Commission voted 10-0 in support of the Committee recommendation.
ZC #08-06, Re-write Comprehensive Zoning Regulations
Chapters B-2 & B-4
Commissioner Campbell reported that the Committee recommends that the Commission request that the Zoning Commission include a mechanism to provide flexibility in redoing the use categories and their status as permitted uses to meet local needs. The mechanism could be either a special exception process or a streamlined process of appealing any decisions by the Zoning Administration as categorization of a use.
The Commission voted 10-0 in support of the Committee recommendation.
Draft Guidelines for Notification to Neighbors
As the Planning & Zoning Committee had not reviewed the draft document, the Chair postponed its discussion and vote until the November 2010 meeting. Commissioner Garrison did ask if anyone in the audience had any questions about the draft documents but there were none.
7. Special Committee on Retail Mix
Commissioner Jarboe, Chair, announced that the Committee was releasing a Background Paper covering on several policy options examined that might be used as tools to address some of the issues before the Committee. The Background Paper is for information purposes only and will provide input to a series of planning public discussion meetings. Copies of the paper will be available on the ANC6B website and/or by contacting the ANC’s office.
Commissioner Garrison announced that the chair and vice-chair of the Committee will be switching hats. Commissioner Metzger will serve as the chair and Commissioner Jarboe, the vice chair.
8. Eastern
Market Report
Commissioner Jarboe summarized key portions of the Eastern Market Report, a copy of which is attached. On the perennial question about the temporary structure erected after the fire, Commission Jarboe said there was no new information.
9. Financial Report
Commissioner Green moved (with a second by Commissioner Glick) that the Commission adopt the revised Third Quarter Financial Report. The report was revised to correct the beginning balance.
10. Commission
Minutes
Commissioner Oldenburg moved (with a second by Commissioner Metzger) that the Commission adopt the July 13, 2010, minutes. The Commission voted 10-0 to support the motion.
11.
Adjournment
The meeting was adjourned at 10:00 pm.
Prepared by Kirsten Oldenburg Attest:
_____________ .
Attachments:
Agenda, as adopted
Executive Committee Report
Planning & Zoning Committee Report
Special Committee on Retail Mix Background Paper
Third Quarter Financial Report (revised)
Eastern Market Report
Advisory Neighborhood Commission 6B
Meeting Agenda
Location: 535 8th Street, SE
The People’s Church
September 21, 2010 – 7:00 PM
Note: Due to the Primary Election our full ANC meeting has been
moved from the 14th to the 21st.
Agenda
1. Adoption of Agenda
2. Community Speakout
3. Community and Commission Announcements
4. Presentation
· Casey Trees’ Resources for DC Residents, Sue Erhartd, Education Director
5. Executive Committee Report
6. Planning and Zoning Committee
(These items will also be considered by the P & Z Committee on September 7, 2010)
·
DC National Guard Commanders Run – CPT Paul
Martin, DC National Guards (P&Z agenda
only)
·
PS
·
HPA # 10-318,
·
HPA # 10-422,
·
HPA # 10-429,
·
HPA # 10-449,
·
HPA # 10-452,
·
BZA # 18107, 406
· CSX Tunnel Project ROE Request to DPR for archaeological investigation of Virginia Ave Par – Stephen Flippin, CSX
· ZC # 08-06, Re-write Comprehensive Zoning Regulations Chapters B-2 & B-4
· Draft Guidelines for notification to neighbors
7. Special Committee on Retail Mis
8. Eastern Market Report
9. Quarterly Financial Report
10. Approval of Commission Minutes
11. Adjournment
NOTE:
Late-Breaking ABC, BZA, Zoning, or Historic Preservation Cases may be
added to this Agenda.
For additional information, call 202.543.3344 or
e-mail: office@anc6b.org, website:
www.ancb6.org.
Next Meeting: October 12, 2010
Report of ANC 6B Executive Committee
September 21, 2010
Executive Committee meeting in special call session of August 26, 2010
On August 18, 2010, the Alcoholic Beverage Control (ABC) Board issued Order No. 2010-428 granting an exemption to single sales ban Eastern Thrifty Market. Under the ABC regulations, the ANC had 10 days in which to file for reconsideration of that decision. Thus, the Executive Committee called an emergency Executive Committee meeting for August 26. The ANC By-laws allow the Executive Committee to act on behalf of the ANC in such situations -- pending ratification of the decision of the full ANC.
In order to meet the require 10 day time limit, at that meeting the Executive Committee with a quorum present unanimously decided to file a request for reconsideration of the ABC Board's decision to allow Eastern Thrifty to sell singles. The reconsideration is based on that fact that the ABC Board ignored the strong neighborhood opposition to this exemption and that the Board misapplied the law by shifting the burden of proof from the applicant to the ANC and the community.
The question before the ANC is whether the ANC should agree to the action of the Executive Committee to file the request for reconsideration.
Executive Committee action at regular meeting of August 31, 2010
Park Cafe
The ANC was notified that the ABC Board would be holding a hearing on September 15 the protest filed against the Park Cafe by the neighbors. At issue was the granting of a license for a side walk cafe. The sidewalk cafe license was granted by the ABC Board without hearing or notice to the ANC. Subsequently, the neighbors filed a protest on the renewal of the license which was dismissed by the Board. The neighbors then asked for the ANC's support their protest and the re-instatement of their protest. In order to be able to timely file comments with the ABC Board, at the regular meeting of the Executive Committee, Executive Committee authorized a letter to the ANC on the Park Cafe stating that we support re-instatement of the protest of the neighbors on the grounds that since the neighbors were not given a chance to weigh in on the sidewalk cafe.
The question before the ANC is whether the ANC should agree to the action of the Executive Committee to write a letter of support for the neighbors protest.
ABC legislation
The City Council had scheduled a hearing for Monday September 20 on pending ANC legislation. Comments on this legislation were due by close of business Tuesday September 21 -- before the next full ANC meeting. Thus, at the regular meeting of the Executive Committee, the Executive Committee authorized the Chair or his designee to testify before the Council on the ABC bill and specifically raise the following issues: 1) the need to put in law what constitutes a "substantial change" to prevent a re-occurrence of the Park Cafe sidewalk cafe incident; 2) the need to put clearly in law that an application for exemption for sale of single present clear evidence why the ANCs recommendation should not be follow -- specifically that the presumption is with the ANC's recommendation and that the sale of single should be banned.
The question before the ANC is whether the ANC should agree to the action of the Executive Committee to authorize testimony on the ABC legislation.
ANC and proposed legislation
The ANC was notified that the Council is considering changes to the open meetings act. While proposed with the best of intentions, the Executive Committee is concerned that this legislation would severely limit the ability of the ANC to represent our constituents. At the regular meeting of the Executive Committee, the Executive Committee authorized the Chair or his designee to testify on concerns over the impact on ANCs of the proposed open meetings legislation before City Council.
The question before the ANC is whether the ANC should agree to the action of the Executive Committee to authorize testimony on the ABC legislation.
Advisory
Neighborhood Commission 6B
Report of the Planning & Zoning Committee
The
September 7, 2010
7:00 pm
Commissioners Present: Francis Campbell, David Garrison, Carol Green, Ken Jarboe, Norman Metzger, Kirsten Oldenburg (chairing)
DC National Guard Commanders Run – CPT Paul Martin, DC
National Guards
Captain Paul Martin
presented the DC National Guard’s plans for its annual Commanders Run along
The Committee did
not have any issues with the run, given its short duration and lack of
stragglers enroute. However, since the
Commission does not meet before the run takes place, the Committee is not
submitting a formal recommendation.
PS
Ms Stephanie Petway and Mr. Richard Dyer, consultants,
presented Verizon Wireless’ plans to place a backup generator and wireless
equipment at the end of an alley in a 15 by 30 foot space behind
The generator will be set on top of an 8-foot high metal platform (12 x 27 feet) to be erected over an existing fuel tank on a concrete pad, already in public space. Currently, some cars park in this dead end of the alley; however, it does not appear that these spaces will be affected by the equipment, once installed. The system will also not block an existing rear door exit from the building. It will also not affect ductwork on the outside of the building as the generator platform will be set further away from the building than the existing fuel tank.
The Committee recommends that the Commission support the public space application.
HPA # 10-318, 907 East Capitol St., SE – Enclosure of two-story rear porch with glass blocks
Mr. Andre Houston, owner
and architect, presented his plans to enclose an existing two-story open
structure (measuring approximately 5 by 15 feet) on the rear of his 3-story
residence. There are no apparent zoning
issues as the coverage of the lot will not change. From an HP perspective, however, the west
side of the enclosure will be in view from
The architect’s original
plan was to use glass block for the walls of the enclosed area but the exterior
surface will now be stucco. (The
L’Enfant Trust rejected the use of glass block.) Existing double French doors will be moved
from the rear of the house to create the opening on the south side of the
enclosed area. The second floor of the
enclosure will have a full length, 4-pane window of the same approximate
dimensions as the French doors. The west
elevation will have a window on the second floor; the east elevation shows a
window on both the first and second floors.
Mr. Houston submitted
three supporting handwritten notes from neighbors at 905, 909, and 911 East
Capitol. All three neighbors however
requested that Mr. Houston grow vines on a trellis or wire system up the stucco
walls. Mr. Houston indicated to the
Committee that he was agreeable to adding the vines.
The Committee noted that
Mr. Houston had not submitted any letters from neighbors who live along the
north side of the 900 block of
Pending receipt of the
requested additional information, the Committee recommends that the Commission
support the HP application.
HPA # 10-422, 616 S. Carolina Ave., SE – New rear dormers to convert attic into living space
Mr. Frank Saunders, contractor, and Mr. Stuart McAlpine,
owner, presented plans to add a new dormer to the rear of the a four-unit
apartment building. The dormer will add
a partial third floor to the building and function as a study/office space for
The dormer will be 25 feet 6 inches wide, the same width as the rear portion of the existing building, and 8 feet high. Two sets of 3 wood frame awning windows are planned for the rear of the dormer (facing north). On the front (south) side of the building the existing dormer windows will be replaced with new double-hung painted wood frame windows. The plans show the exterior surface of the new dormer as siding but do not indicate the type of material.
The applicant did not submit a vicinity map showing the
building’s location on the block and its relationship to neighboring residences
and potential views from public space.
Mr. McAlpine did submit a letter of support from abutting neighbors at
Pending receipt and Commission review of the requested new information, the Committee recommends that the Commission support the HP application.
HPA # 10-429,
The applicant, Kitty Kaupp, and her architect, Amy
Weinstein, described the proposal to construct a second story above the
adjoining garages at the back of
The applicant proposes to construct a second story above these garages that would increase the overall height of the combined structure to 23 feet 6 inches. The applicant’s drawings show a relatively simple building design with internal space arranged to support office use. The applicant argued that there is sufficient precedent for this proposal, citing other instances around the Hill and, indeed, at the far end of this same block, where similar expansions in carriage houses have been approved.
The Committee heard testimony from several nearby
neighbors—Lewis James (
The Committee shares the concern of the protesting neighbors. Allowing this large second story on a footprint equal to two full garages would create a jarring change in the vista along this Capitol Hill alley in the midst of the historic district. In general, ANC 6B has been wary of approving the creation of new carriage houses, especially when the structures appear to have the potential to be converted into full commercial or residential uses. Beyond a variety of zoning related reasons for the Commission’s concerns about such project, in this case the proposed building is so tall and wide as to do considerable violence to the largely unobstructed view above the current roof line of the rear garages that residents have come to expect across this alley.
For these reasons, the Committee recommends that the Commission oppose the proposal.
HPA # 10-449, 520 8th Street, SE – One-story
rear addition
Mr.
Mr. Cervera plans to open a restaurant in the building. He stated that he has no plans to use the roof area of the one story addition as a summer garden. As such, the rear of the existing building only has a window on the second floor that looks out onto the roof of the new addition.
Barracks
Commissioners did not raise any issues with the plans although the print was so small that it was not possible to read all the information provided. Mr. Cervera said he would bring enlarged plans to the full ANC meeting on September 21.
Pending receipt of more legible plans, the Committee recommends that the Commission support the HP application.
HPA #10-452, 328 4th
Street SE—Two story rear addition with one story screened porch
Mr. Eric Peterson,
architect, and Ms Kathryn Anderson, owner, presented plans to build a two-story
rear addition on an 18 feet 5 inches wide lot.
There don’t appear to be any zoning issues associated with these plans
as lot coverage with the addition will be less than 60 percent, according to
the architect.
On the ground floor at
the rear of the existing structure will be a lot wide addition that is 12 feet
8.5 inches deep. On the second floor
this portion of the addition will only be 11 feet 9 inches wide to enable to
placement of windows on the north elevation.
Further to the rear will be a two-story addition, 8 feet 4.5 inches deep
and 11 feet 9 inches wide. This latter
section will contain a screened in porch on the ground floor and an open deck
on the second floor. The new addition
will extend further to the rear than the existing rear of the abutting
residences. The exterior will be
hardiplank siding and board trim.
The applicant did not
provide the Committee with a vicinity map to enable assessment of the possible
views by rear neighbors whose residences face
In response to
Commissioner Campbell, the owner stated that an arborist would be consulted in
an effort to save the large tree in the rear yard.
Pending receipt of
requested additional information, the Committee recommends that the Commission
support this HP application.
BZA # 18107, 406 Kentucky Ave., SE – Special exception for rear addition to one-family dwelling not meeting lot occupancy
Neither the applicant nor any representatives were present at the meeting. The Committee, thus, has no recommendation on this BZA case.
CSX Tunnel Project
ROE Request to DPR for archaeological investigation of Virginia Avenue Park,
Stephen Flippin, CSX
Mr. Stephen Flippin,
Director of Federal Affairs, CSX, and Dr. Donna Seifert, Principal
Archeologist, JMA Inc., presented CSX’s request to DC’s Department of Parks and
Recreation for a Right of Entry permit to do core samplings in
This request for
access is part of the CSX NEPA process underway to evaluate a planned
enlargement of its freight rail tunnel that extends under
Dr. Seifert
explained that the core samples will be about 1.5 inches in diameter and will
be drilled every 200 feet. If any
artifact indications are found in the cores, it will be necessary to use a back
hoe to dig a wider trench. It is
expected that the work will take about one day to complete.
The Committee
recommends that the Commission submit a letter to DC’s Department of Parks and
Recreation supporting the ROE permit.
ZC #08-06,
Comprehensive Zoning Regulations Rewrite: Height and Uses (Chapters B-2 &
B-4)
As part of the comprehensive rewrite of the zoning regulations, the Office of Planning has put forward a number of recommendations for modifications to the regulations on measurement of height and on categorization of uses.
On the issue of measurement of height, ANC 6B previously communicated to the Zoning Commission its concerns over the point of measurement with respect to the determination of what constitutes a “cellar” or a “story.” While that issue may not be as relevant in this case, the Committee reiterates its recommendations made in January 2008 that any measurement of building height be taken from the front façade of the building not including any porches or other projections from the building façade. The Committee is also concerned that the current proposal is somewhat ambiguous on the issue of the point of measurement. The words "building" "building face" and "facade" are all used in the same section to apparently mean the same thing without any definition. The Committee therefore also reiterates its earlier recommendation that the ANC request the Zoning Commission to clarify the use of these three terms.
On the categorization of uses, the Office of Planning is proposing a number of categories. The ultimate purpose for these categories will be to outline which uses will be permitted as matter of right, permitted by condition, permitted by special exception, not permitted, or permitted as accessory use only in certain zoning areas (such as residential, commercial, mixed use). This new categorization is intended to streamline where the regulations government uses are permitted.
While many of these categories are very specific (such as "education", "fire arm sales" or "food and alcohol services"), others are more general (such as "retail" and "service"). The Committee notes that there is an overlap between uses that might be considered retail versus services. For example, both retail and services are characterized as having moderate to frequent customer contact. The Committee is specifically concerned that certain services might be prohibited or discouraged in areas where they would be of benefit (i.e. in encouraging as an active street front in a retail area through a high level of foot traffic). An example would be the service provided by a dry cleaner.
The proposed regulations provide some guidance to the Zoning Administrator in classifying uses. However, this guidance may be of limited value when confronting the issue of services versus retail. Therefore, the Committee recommends that the ANC request that the Zoning Commission include a mechanism to provide flexibility in redoing the use categories and their status as permitted uses to meet local needs. This could be either through a special exception process or streamlined process of appealing any decisions by the Zoning Administrator as categorization of a use.
Draft Guidelines for Notification to Neighbors, Commissioner Metzger
Because of the lateness of the hour, the Committee decided to discuss further changes to Commissioner Metzger’s document at the full ANC meeting on September 21, 2010. Accordingly, there is no Committee recommendation to the Commission on this item. Any resident attending the Committee meeting was provided with a copy of the draft document.
Background
Paper
Special
Committee on Retail Mix
Advisory
Neighborhood Commission 6B
Tuesday,
September 21, 2010
Over the past few months, the Retail Mix Special Committee has examined several policy options. These can be grouped into four categories:
· Marketing and management tools
· Tax incentives
· Zoning
· Liquor license controls
The Committee does not necessarily endorse or otherwise support any of the tools. The intent of this preliminary report is to provide background, to obtain both ANC and community comments on possible tools, and in general to further the discussions already underway on the future of commercial retail, broadly taken, in the areas embracing Barracks Row and the Eastern Market 7th Street corridor.
What is not in this preliminary report should be noted:
· No judgments as to what is the proper “retail mix” for the neighborhood, however this term is defined. The issue poses related questions such as whether a “restaurant row” is necessarily a bad thing. What are the pros and cons? The committee has simply not analyzed this question. It does note that 8th Street (Barracks Row) is tilting toward restaurants and away from retail, while 7th Street, between Penn. Avenue and North Carolina, is dominantly retail. Again, is that good, bad, or neutral?
· Granting that a mix of retail shops is to be desired in all parts of the examined areas, then what sort of retail shops? Does “retail” embrace services such as liquor stores, dry cleaners, video stores?
· Are chain stores desirable? For example Starbucks and Dunkin’ Donuts?
Next Steps
·
In a sense “the train is leaving the station,”
in that have several new restaurants opened the past few months – on Barracks
Row and
· ANC6B now has a de facto policy of not supporting CT and CN licenses. Should it make that policy de jure?
· ANC6B in 1999 (!) adopted “Guidelines for Reviewing Liquor Licenses (appendix). If the issues raised in that 11-year old report seem familiar, that is because they are. Many of the same issues are still with us. Should the ANC, with modifications, re-endorse those guidelines and publish them on its web site and elsewhere?
Tools for Addressing Retail Mix
· With these issues in mind, we examine a number of possible tools for modulating retail mix, again with the caution that we do not necessarily favor any or even all. However, these are all tools that have to varying degrees been applied in this and other cities. The Committee plans to convene a number of discussion groups to look at some of the specific tools set out below, focusing on those where the ANC perhaps can have a role; e.g. moratoria, overlays, a Hospitality Resource Program, etc.
Marketing and management tools:
A targeted retail recruitment effort with a trained, full-time or part-time recruiter. Such a tool is a recommendation of the DC Office of Planning's Retail Action Strategy for the Adams-Morgan area. That recommendation is in the context of a “small business support program” that in addition to a recruiter includes technical assistance and , “streetscape business loss/mitigation assistance,” [ http://bit.ly/b8uzZ5 ]
Develop a Hospitality Resource program with the Responsible Hospitality Institute (RHI) to better manage the activities of the area's eating and drinking establishments. [http://bit.ly/9caHSp].
Either in conjunction with that effort or separately, establish extra police foot patrols during critical hours, such as late at night when eating and drinking establishments are closing. These Retail Detail Officers (RDOs) are off-duty policemen generally paid by the restaurant and bar owners ($52/hr), and are actively used by many establishments through the city, including, for example, Adams-Morgan. They have their pros and cons, and strong supervision and training is key.
Tax incentives:
One such program is active in
(Source: Pratt Center for Community Development Saving Independent Retail: Policy Measures to Keep Neighborhoods Thriving August 2009, http://bit.ly/bdEd8A)
Another policy in use in a few places is a community land trust (CLT). In a CLT, a private, nonprofit corporation acquires land parcels in a targeted geographic area with the intention of retaining ownership of the land for the long term. CLT leases or sells structures on the land at below-market rates to eligible residents, who enjoy the benefits of low rent or mortgages while agreeing to restrictions on subletting or reselling.
(Source: Pratt Center for Community Development Saving Independent Retail: Policy Measures to Keep Neighborhoods Thriving August 2009, http://bit.ly/bdEd8A )
Zoning:
Zoning regulation in general restrict the type of uses allowed in certain areas. For example, motorcycle sale and repair shops cannot be located with 50 feet of a residential areas.
The
However, the District already has a number of specific zoning districts that place limits on the retail mix. The earliest and most comprehensive of these is the Uptown Arts-Mixed Use (ARTS) Overlay District in the 14th and U Streets, N.W. area (see section 19 of the zoning regulations). This overlay requires that preferred uses occupy at least 50% of total linear footage of ground floor along these streets. Preferred uses include retail, service and arts & arts-related uses. Bars, nightclubs and restaurants are considered arts & arts-related uses. However, "Eating and drinking establishments" are limited to no more than 50% of the ground floor footage. Originally this was a 25% limitation but was modified earlier this year.
There are also Neighborhood Commercial Overlay Districts. These require a minimum of 50% retail (Sec 1302.4) and a maximum of 25% restaurants, fast food establishments, and prepared food shops (Sec 1302.5). Bars apparently count as retail (they are a permitted "service" use in C-1 zones, therefore are permitted in the Neighborhood Commercial Overlay Districts)-- but don't seem to be subject to the 25% rule.
The following are the areas covered by the Neighborhood Commercial Overlay Districts:
·
· Macomb-Wisconsin Neighborhood Commercial Overlay
·
· Takoma Neighborhood Commercial Overlay
·
There are two overlays on Capitol Hill:
The
In contrast, the H Street Neighborhood Commercial Overlay
does not specifically restaurants, fast food establishments, and prepared food
shops. It does keep the 50% retail
requirement. However, the Overlay
divides the area into three sections with slightly different restrictions. Bars count as preferred retail uses in the
"
Liquor license controls
ABC Licensing Information defines a moratorium as “a limit on the number of licenses of any class that the ABC Board will issue for a particular area. A moratorium also refers to a limit on the issuance of amended licenses that constitute a substantial change; and to a limit on the sale of particular products by off-premises retailers.”
There are five moratoria currently in force in DC: West and
A few more details:
Adams Morgan
Renewed January 09. No new licenses. No nightclub licenses. Tavern licenses limited to ten. No transfer to T licenses allowed for other license holders, except when the total number of retail licenses in all categories is below 10. MPD strongly opposed to lifting moratorium.
The ABC Board also suggested a number of other ways for Adams Morgan to attack its considerable problems:
· Over time lower the cap on on-premises retail. The Board said it will consider a request in 2 ½ years for a cap that declines over time.
· Strengthen the city’s loitering laws, given that A-M’s problem are for the most part due to outsiders not locals; and,
· Institute a pilot traffic plan that includes taxi stands.
Renewed April 2009. No of CR and DR licenses raised from 17 to 21. Board did not accept using moratorium process to limit hours; rather, that should be left to VAs or protests. Also, did not limit additional licenses to wine and beer only (D), saying it wouldn’t make much difference whether C or D, especially given various means to limit hours, etc.
Renewed – for 3 ½ years, not five – April 2009, after a somewhat contentious hearing. The moratorium is 18 years old, ANC 2B testified that this moratorium has met its aim of (1) maintaining retail diversity by limits on ABC licenses and also by limiting “lateral expansion” of existing license holders; and (2) helped maintain neighborhood order both with restrictions on licenses and restrictions on the number of seats allowed. 450 residents in ABC 2B’s territory supported abolishing the moratorium. Board increased number of licenses by one to 23, dominated by CR/DR licenses. No N licenses. No more than two requests for lateral expansion.
Renewed April 2009. Added three CR licenses to nine already allowed, cap of 12. A number of residents strongly opposed raising the cap while others argued that they had empty storefronts that retail other than restaurants were not likely to fill. That said, the Board limited the moratorium to three years instead of the usual five.
This is the oldest moratorium in the city, established in
1989. It was renewed in June, initially
for 3 ½ years but after objections by the ANC and others, that was changed to
five years. A “seat moratorium” for
H Street Moratorium Zone
This was established in 2008 and was apparently set to expire August 23, 2010. It was a moratorium on singles sales only.
**
Appendix
ANC 6B Guidelines for Reviewing Liquor Licenses
(Adapted 10/12/1999)
In general
Breach of license and/or voluntary agreement
In cases of reported breaches of the terms of a license (which include any voluntary agreement), the ANC will request ABC (and, if necessary, police) enforcement of the terms of the license (including the voluntary agreement). The ANC will oppose the renewal of the license of any establishment having a history of not abiding by the terms of their license.
Class A and Class B
licenses (take out liquor and beer & wine):
ANC6B recognizes the legitimate contribution to the community of well-run establishments selling liquor, beer and wine. ANC6B also recognizes that the area is already well served by such establishments.
Voluntary agreements on singles
Following standing policy, the ANC will continue to routinely oppose the renewal or the granting of a new Class A or B license until and unless the establishment signs a voluntary agreement regarding the sale of singles.
"Bad neighbors"
The ANC will opposed the renewal of the Class A or B license of any establishment having a history of being a bad neighbor – such as allowing panhandling, public consumption of alcohol, public drunkenness, drug dealing and/or consumption, and the accumulation of trash and litter.
New licenses
The ANC finds that ANC 6B area as a whole has a high number of Class A and B establishments. The ANC therefore will oppose any new liquor license unless:
1. the proposed location is one with an under-concentration, i.e. there are few if any existing licensed ABC establishments nearby;
2. where the establishment will enter into a voluntary agreement regarding sale of singles; and
3. where the applicant agrees to take special efforts to prevent problems normally associated with takeout service of liquor and beer and wine.
If the proposed location is a large or medium-sized grocery store, the ANC will consider the application favorably if projected liquor and/or beer and wine revenues will not be a significant percentage of total revenues.
Re-opening of establishments
Any location where a liquor store has closed due to issues related to being a bad neighbor will be given special scrutiny. The ANC will oppose any transfer or new Class A or B license at that location, or nearby location, unless and until the applicant can show that the problems associated with the former establishment are not likely to reappear and the new owners sign a voluntary agreement regarding their efforts to prevent the re-occurrence of previous problems.
Class C and D
licenses (eating and drinking establishments):
The ANC recognizes the positive atmosphere created by neighborhood eating and drinking establishments – and the contribution of such establishments to the area's liveliness which makes Capitol Hill a dynamic urban neighborhood. Sometimes, however, given the diverse mix of residential and commercial spaces that makes up Capitol Hill, such establishments have been a source of conflict and complaints from residents. In its decisions on liquor licenses for eating and drinking establishments, the ANC will strive to maintain that balance between commercial and residential needs so that our neighborhood will remain welcome to all.
Changes in format, including music, and
New class C and D licenses
The ANC will carefully consider any request for changes in format, including changes in music and changes in hours, that result in the change in the character or general format of the establishment or for new licenses based on the appropriateness standards stated in DC liquor license law. These standards are: impact on real property values; peace, order and quiet; residential parking needs and traffic safety. Thus, the ANC will consider the following questions:
Will the establishment contribute significantly to increased noise in the area, either because of music or the activities of the establishment's patrons?
Will the establishment contribute to increased inappropriate and/or criminal activities in the neighborhood (ranging from public drunkenness and urination to rowdiness to drug use and prostitution)?
Will the establishment significantly contribute to residential parking problems and/or traffic congestion?
Routine changes in operations
In general, the ANC will support changes in the terms of a Class C or D license that do not result in the change in the character or general format of the establishment.
Nightclub (Class CN and DN) licenses
The ANC believes that the size of such establishments is generally inappropriate for locations near residential areas due to the noise, parking and other problems created by larger establishments. Therefore, the ANC will oppose the transfer (location or ownership) or issuance of a new nightclub licenses to any establishments that are located immediately nearby or adjoining a residential area. The ANC will carefully consider and will generally look favorably on applications for CN/DN licenses by establishments surrounded by other commercial/industrial uses.
Public space and outdoor cafes
In recognition that responsible use of public space and outdoor cafes increase the economic vitality and safety of our streets, the ANC will generally look favorable upon requests for use of public space by eating and drinking establishments. Such requests, however, are subject to the standards of appropriateness as they apply to any other request for new or changed license. In addition, all appropriate fees and taxes for the use of public must be kept current and all regulations governing use of public space must be strictly observed. Finally, the Commission will continue to support outdoor cafes that abut residential areas provided the establishments agree to close the outdoor space by 11 pm on weekdays and by midnight on weekends.
Locations near schools and public recreation facilities
Under DC law, a liquor license may not be granted to a location within 400 feet of a school or recreation area unless there already is a licenses establishment within the prohibited limit (or other exemptions met). In those case where a license is permissible, the ANC will request the opinion of the appropriate official, such as the school principle. While that opinion shall not be binding on the ANC, the burden is on the applicant to rebut the opposition, if any, of such officials.