Advisory Neighborhood Commission 6B
Minutes of Regular Meeting
Tuesday, December 8, 2009; 7:00 p.m.
Commissioners Present: Dave Garrison (chairing), Carol Green, Neil Glick, Will Hill, Kenan Jarboe, Norman Metzger, Kirsten Oldenburg, Michael Patterson, and Mary Wright.
Commissioners Absent: Francis Campbell
Also in attendance: ANC6B Executive Director,
Following the introduction of Commissioners, the Chair added item #8 to the agenda and asked if there were any other changes. Being none, the agenda was adopted by voice vote.
Mr. Michael McEleney, who resides near 4th &
G Streets SE, spoke out in opposition to the proposed construction work to
expand the CSX railroad tunnel under
Mr. Dave Ahern, who resides in the 1300 block of
Ellis, DDOT, announced that the agency would be holding a community meeting on
its revised plans for the
· Councilmember David Catania made a presentation on how health care access and quality have been improved for DC residents since he has chaired the DC Council’s Committee on Health. Under a Health DC program residents who lack insurance have been reduced from 13.5 to 8 percent. To improve quality of care, an adverse events reporting system has been set up to detect best practices.
Ms Sarah Neiderer, DC WASA,
Commissioner Oldenburg reported that the Committee expressed no concerns regarding this project and recommends that the Commission support the application.
Mr. Steve Lawlor, architect, was present and stated he had no new information to provide the Commission on the project itself. He also mentioned that CHRS had reviewed it favorably. The Commission voted 9-0 to support the application.
ZC #09-11—Text amendment related to Permit Car Sharing Parking Spaces as a Matter-of-Right Use in the R, CR, and SP Zones
Commissioner Oldenburg reported that the Committee was unable to fully understand the intent of the proposed changes and makes no recommendation. It thus refers the matter to the full Commission for resolution. After some discussion by Commissioners on the proposal, no motions were presented and no vote taken.
ZC #08-06-11, Comprehensive Zoning Regulations Rewrite: Mixed and Other (Waterfront)
Commissioner Oldenburg reported that the Committee recommends that the Commission support Recommendations #2 and #3 and not support Recommendations #1, #4, #5, and #6 in the Zoning Review document. The Committee based its review on how the recommendations would impact Boathouse Row, the only area within ANC6B affected by these proposals.
After some discussion, Commissioner Jarboe moved (with a second by Commissioner Oldenburg) that the Committee report be amended to suggest that the Zoning Commission adopt set back rules that allow flexibility of small sized building, such as clubhouses, to be built closer to the water. The Commission voted 9-0 to so amend the report and then voted 9-0 in favor of the Committee’s report, as amended.
Dulce Café & Lounge, LLC, Lic #ABRA-082761,
Commissioner Green, as Vice-chair of the ABC Committee, reported that the protesting neighbors group and the applicant have agreed to sign a revised version of the Voluntary Agreement and the Committee recommends that the Commission support this amended document.
The Commission voted 9-0 to support the Committee’s recommendation. The Commission authorized the Chair to take copies of the approved document to the scheduled ABC Board status hearing on December 9, 2009, for signature by all involved parties.
7. Resolution regarding Councilmember Wells’ Bill 18-277, “Ward 6 Residential Parking Protection Pilot Act of 2009”
Commissioner Garrison reported that the Planning & Zoning Committee recommends the Commission adopt a Resolution on DC Councilmember Wells proposed “Ward 6 Residential Parking Protection Pilot Act of 2009.” The Chair subsequently read the Resolution in full.
Several residents spoke either in favor of the Resolution or in support of or opposition to the proposed bill or parts thereof. Many had questions about how the bill would change the current parking regulations or concern about the late notice of an upcoming hearing on the bill. Ms Naomi Mitchell of Councilmember Wells office made some clarifying remarks on the bill and its status.
After some discussion among the Commissioners, the Chair called for a vote on the Resolution, which resulted in 9 votes supporting the Resolution and none against.
8. Pay Phone at Roland’s of Capitol Hill
The Chair brought to the Commission’s attention that he had
been contacted by the Public Space office of DDOT regarding an existing pay
phone outside the Roland’s of Capitol Hill grocery store,
Commissioner Garrison moved (with a second by Commissioner Glick) that the Commission provide him with the authority to respond to Public Space that the pay phone could remain. The Commission voted 9-0 in favor of the motion.
9. Eastern Market Report
Commissioner Jarboe read the Eastern Market Report, a copy of which is attached, and highlighted two construction issues that the Eastern Market Community Advisory Committee (EMCAC) has been trying to resolve: filtering of light through windows and the height of the deli cases.
Commissioner Jarboe moved (with a second by Commissioner Glick) that the Commission adopt a “Resolution on Deli Counters at Eastern Market.” Commissioner Garrison moved (with a second by Commissioner Wright) that the resolution be amended to strike “demands” from the last paragraph and replace it with “very strongly urges.” The Commission voted 9-0 in favor of the amendment. Two technical amendments were also adopted to correct the name of EMCAC and DC’s DRES. The Commission voted 9-0 to adopt the amended Resolution.
Commissioner Jarboe moved (with a second by Commissioner Patterson) that the Commission adopt a “Resolution on Windows at Eastern Market.” After two technical amendments, the Commission voted 9-0 to adopt the amended Resolution.
Commissioner Garrison brought to the attention of Commissioners a prepared schedule for meetings dates for 2010. Commissioner Jarboe moved (with a second by Commissioner Wright) that the Commission adopt the “2010 Meeting Schedule.” The Commission approved the motion by a vote of 9-0.
Commissioner Oldenburg moved (with a second by Commissioner Glick) that the Commission approve the minutes of the November 10, 2009, regular monthly meeting. The Commission voted 9-0 to adopt the minutes.
The meeting was adjourned at 9:40 pm.
Prepared by Kirsten Oldenburg Attest: _____________ .
Agenda, as adopted
Planning & Zoning Committee Report and Resolution
ABC Committee Report
Eastern Market Report & Resolutions
2010 Meeting Schedule
1. Adoption of Agenda
2. Community Speakout
3. Community and Commission Announcements
· DC Water and Sewer Authority – Combined Sewer Overflow Project; Sylvia Brown, Project Coordinator and Sarah Neiderer discussing the galvanized plumbing study and how to improve water quality in your home
5. Planning and Zoning Committee
(These items will also be considered by the P & Z Committee on December 1, 2009)
HPA # 10-070,
· ZC # 09-16, Text amendment to Permit Car-Sharing Parking spaces as a Matter-of-Right Use in R, CR, and SP Zones
· ZC # 08-06-11, Comprehensive Zoning Regulations Rewrite: Waterfront
6. ABC Committee
(These items will also be considered by the ABC Committee on December 3, 2009)
Dulce Café & Lounge, Lic. # ABRA-082761,
6. Resolution regarding Councilmember Wells' Bill 18-277, "Ward 6 Residential Parking Protection Pilot Act of 2009", (DC Council Committee on Public Works and Transportation hearing December 10)
7. Pay Phone at Roland’s of Capitol Hill
8. Eastern Market Report
9. Adoption of 2010 Meeting Schedule
10. Approval of Commission Minutes
NOTE: Late-Breaking ABC, Payphone, Zoning, or Historic Preservation Cases may be added to this Agenda.
For additional information, call 202.543.3344 or e-mail: firstname.lastname@example.org, website: www.ancb6.org.
Next Meeting: January 12, 2010
December 1, 2009
present: Francis Campbell, Chair; David Garrison, Kirsten Oldenburg, Kenan
Jarboe, Carol Green,
HPA # 10-070,
Architect Steve Lawlor presenting. The owners, the Schumaker's, are proposing to build a second story on a existing rear one story addition. Property is a semi-detached single family structure, which goes from lot line to lot line. There is a deck on the rear addition.
The owners plan to demo the floor slab of the existing rear addition to prep the area for the joist for the second floor addition. Second floor deck will be removed to accommodate the new second floor addition.
Existing front vertical siding will be removed and replaced with horizontal painted wood siding on the front and side of the property. No windows will be place on the side of the new addition.
The new rear addition will have new window treatments on the first & second floor with painted hardi plank siding, with second story door treatment & false balcony.
Applicant has included letters of support for this project
from adjourning neighbors located at
The Committee expressed no concerns regarding this project and recommends it for approval to the full ANC.
ZC # 09-16, Text amendment to Permit Car-Sharing Parking Spaces as a Matter-of-Right Use in R, CR, and SP Zones
The Committee after much discussion of the document could not understand what the Office of Zoning's intent was with the proposed changes and, therefore, decided not to recommend a position to the full ANC. The Committee therefore refers the proposal to the full ANC for further discussion and/or recommendations.
The Committee reviewed the recommended changes within the context of Boathouse Row, which is the only area within ANC6B to which Waterfront zoning would apply. According to the Zoning Review document provided to the Commission, Boathouse Row is not currently zoned, as the area was transferred to DC from the Federal government in late 2008. (Of note, however, is that the January 1, 2003, DC zoning map shows the area as zoned C-M-1.) The Boathouse Row Planning Study (draft, March 12, 2009) conducted by the Deputy Mayor for Planning and Economic Development did not make a zoning recommendation but mentioned that this area is designated in the DC Comprehensive Plan’s Future Land Use map as Parks, Recreation and Open Space. The Commission commented on the Study in May 2009, expressing concern as to whether the DC Office of Zoning would propose the adoption of W-0 or W-1 for Boathouse Row.
The Zoning Review document does not make clear, except in Recommendation #1, as to which sub-districts (W-0, W-1, W-2, and W-3) the recommendations apply. Most do not appear to apply to W-0, which the Committee feels is the only appropriate designation for Boathouse Row. However, since that situation is still not resolved, the Committee had to base its review on the assumption that Boathouse Row might ultimately be zoned otherwise.
· Recommendation #1: Allow additional height (not density) in W-1, W-2, and W-3 through a PUD process. Even though this recommendation does not apply to W-0, the Committee recommends that the Commission not support Recommendation #1 since heights above the W-0 maximum of 40 feet are not appropriate to Boathouse Row.
· Recommendation #2: Establish waterfront-specific criteria for PUD’s.
This recommendation proposes the type of criteria applied by the Commission when it helped to establish the Southwest Federal Center Overlay. The Committee feels that such criteria might be appropriate to Boathouse Row in the unlikely event that a PUD would be appropriate and recommends that the Commission support Recommendation #2.
· Recommendation #4: Update performance standards for light industrial special exception review. Here, the intent seems to be to enable the establishment of “green businesses” within Waterfront districts. Under current regulations, light industrial is permitted in W-1, W-2, and W-3 through a special exception process. “Open space, park, and low-density and low-height waterfront oriented retail and arts uses” are currently permitted in W-0 districts [section 900.3]. The Matter of Right provision for W-0 districts [section 901.5] is limited to five such categories and does not include light industrial. The special exception provision [section 925] for W-0 does not include light industrial, per se, but does include boat repair facilities. Since the Committee is not in favor of the sitting of light industrial establishments in Boathouse Row and it is not clear how this Recommendation would impact W-0 districts, the Committee recommends that the Commission not support Recommendation #4.
· Recommendation #5: Establish visual access to the water generally based on surrounding relevant street grid. Where existing street grid does not exist, limit building dimensions to a maximum of 500 feet. The Committee agrees that visual access to water is appropriate and this recommendation could apply to Boathouse Row since the existing street grid north of Boathouse Row does not extend to the waterfront. W-0 currently requires a 12-foot wide side yard setback [section 934.1], protecting visual access, and the Committee views this as a better approach for Boathouse Row with its relatively small existing buildings. The 500 foot wide maximum in the recommendation—approximately the width of a city block—would be quite inappropriate for Boathouse Row by blocking more visual access than currently exists there. For Boathouse Row, a minimum standard would be more appropriate such as the one that exists for W-0 districts. Thus, while the Committee supports the concept of visual access, it recommends that the Commission not support Recommendation #5 because of its possible negative impact on Boathouse Row.
· Recommendation #6: Establish a minimum setback from waterfront of 75 feet, of which the minimum of 25 feet be reserved for approved trail connections. No setback requirements exist for W-1, W-2, and W-3, while W-0 districts have a minimum 100-foot setback requirement for any building or structure [section 938]. However, a special exception can be granted in W-0 districts for a proposed setback of between 25 and 100 feet, providing needed flexibility. Boathouse Row is a long narrow strip of land that may not be wider than 200 feet at its widest and may be less than 100 feet wide at many points. Existing structures there, such as boathouses and yacht club buildings, may already be within the W-0 setback area.
Once again, it is not clear whether the intent is to apply this Recommendation to all W districts, thus changing the current W-0 requirement. Nor is it clear whether a special exception would apply to allow lesser setbacks where necessary. Given the uncertainties, the Committee recommends that the Commission not support Recommendation #6. However, the Committee suggests that the Zoning Commission adopt setback rules that allow the flexibility of small sized buildings, such as clubhouses, to be built closer to the water,
Ward 6 Residential Parking Pilot Protection Act of 2009 (18-277)
"On November 30, 2009, ANC 6B was alerted to the plan
of the DC Council Committee on Public Works and Transportation to hold a
hearing on December 10 on Councilmember Tommy Wells' bill (18-277), and two
similar bills for Wards 1 and 5. Entitled "Ward 6 Residential
Parking Pilot Protection Act of 2009", Councilmember Wells' bill would
among other things make available across Ward 6 several of the best practices
of the current performance parking pilot that encompasses part of 6B, Near
Southeast, and all of SW. These best practices include a
The Committee is generally supportive of extending the three best practices to the entire ward on condition that the process of making one side of residential blocks limited to Zone 6 permit parking only be done by petition of over half the households on a given block. The Committee recommends that the issue of a graduated RPP fee schedule be severed from this bill and dealt with as a citywide matter in other legislation. The Committee also urges Councilmember Wells to provide additional opportunities beyond this week's hearing for community comment on his bill.
The Committee recommends the following resolution to the Commission to express ANC 6B conditional support for the bill and authorize Commission Chair Garrison to testify on behalf ANC 6B at the December 10th Council committee hearing."
Resolution on DC Councilmember Wells’ proposed
“Ward 6 Residential Parking Protection Pilot Act of 2009” (18-277)
WHEREAS, prior to the opening of the new baseball stadium, the District of Columbia enacted legislation in 2007 authorizing a “performance parking pilot” that created enhanced parking rules within an area that includes the southern portion of ANC 6B, as well as Near Southeast and nearly all of Southwest; and
WHEREAS, the Performance Parking Pilot introduced a variety of parking innovations including a Visitor Parking Pass program, limitations on parking on one side of each residential block to Zone 6 permit holders only, extension of the evening closing hour for the Residential Parking Program to 9:30 PM, and installation of multi-space meters to the commercial and nearby residential blocks within the zone; and
WHEREAS, two years of experience with the pilot have enabled residents of the pilot area and ANC 6B to assess the strengths and weaknesses of the pilot’s various features; and
WHEREAS, drawing upon lessons learned concerning three features of the performance parking pilot, in May 2009, Ward 6 Councilmember Wells introduced the “Ward 6 Residential Parking Protection Pilot Act of 2009” (18-277) that would make available across all of Ward 6 the following authorities:
(2) Upon request of over half of the households on a block, extend the residential parking permit hours to no later than midnight; and
(3) For blocks eligible for zoned parking on both sides of the street throughout Ward 6, designate one side of the street for parking by Zone 6 permit holders only.
WHEREAS, Section 2(d) of 18-277 would also tier the fee schedule for residential parking permits in Ward 6 as follows: $15 for the first car, $50 for the second car, and $100 for each additional car; and
WHEREAS, ANC 6B residents within the pilot area have shown wide support for the introduction of the Visitor Parking Pass program and one-side-of-the-street limitation to Zone 6 parking permit innovations; and
WHEREAS, word of the DC Council Committee on Public Works and Transportation’s plans to hold a hearing on December 10, 2009 on Councilmember Wells bill reached the community and ANC 6B on November 30, only nine working days advance notice; and
WHEREAS, Councilmember Wells has indicated he is considering revisions to his bill and is seeking recommendations on how it can be strengthened.
NOW THEREFORE BE IT RESOLVED that ANC 6B supports the provisions of Councilmember Wells’ bill that would authorize a Visitor Pass program, permit blocks to request later RPP closing hours, and allow DDOT to sign one side of a residential block as limited to Zone 6 sticker parking only, with ANC 6B’s support of this latter provision conditioned upon it being implemented only upon the request of over half of the households on a given block; and
BE IT FURTHER RESOLVED that ANC 6B recommends that Section 2(d) of 18-277 that establishes a tiered residential parking permit fee schedule be separated from this bill and, if it is to be considered, be addressed in separate legislation that addresses the Residential Parking Program fee schedule city-wide; and
BE IT FURTHER RESOLVED that ANC 6B recommends that Councilmember Wells provide the community with additional opportunities to comment on either the current or revised versions of his bill beyond the views to be conveyed at the December 10 Council committee hearing; and
BE IT FURTHER RESOLVED that, at a properly noticed meeting of ANC 6B on Tuesday, December 8, 2009, with a quorum present by a vote of 9 to 0, ANC 6B approves this resolution and authorizes the Commission Chairperson, David Garrison, to convey this resolution of support to Councilmember Wells, and to testify on behalf of the Commission at the December 10 hearing of the DC Council’s Public Works and Transportation Committee.
Report and Recommendations
Commissioners in Attendance:
Dulce Café and Lounge, Lic. # ABRA-082761, ANC 6B approved a draft Voluntary Agreement for 1123 Pennsylvania Avenue SE (“Dulce Café and Lounge”) at its regularly scheduled meeting on October 13, 2009 and approved an amendment at the Nov. 10, 2009 meeting. This month, the Committee heard from the neighborhood protestants and the applicants. Both parties agree to the following changes:
The text controlling occupancy in both the Nature of the Business and in the Floors Utilized section shall read:
The Establishment shall not exceed the current maximum occupancy of 99 seated patrons inside with a sidewalk café for eight patrons and will ultimately adhere to the number allowed by the Certificate of Occupancy and the Pubic Space permit.
In the Nature of the Business: Private events ending after will not exceed two per month. In the same section, added a new sentence that reads: Private Events will not be organized by third party promoters.
As the parties have agreed to sign this version of the Voluntary Agreement, the Committee recommends approval of these changes.
ANC 6B Eastern Market update – December 8, 2009
Commissioner Kenan Jarboe
The following is my report on Eastern Market, based on the
EMCAC meeting of
All 14 manhole covers with the misspelled of “Capital Hill” rather than “Capitol Hill” were sold.
The market manager presented a draft budget which is not yet approved by the Director of DRES (Department of Real Estate Services). The EMCAC finance committee will also review. This is the first overall budget we have had at the Market and will provide the first comprehensive look at the ability of the Market to operate as a self-sustaining entity.
DRES is offering 18 month leases to the inside merchants based on East Hall rents. They decided not to offer long term leases as they anticipate putting out a new RFP for a market management and selecting a new manager within 18 months. The new manager would then be able to negotiate new long term leases.
DRES will be returning the outdoor rents to the pre-fire levels. Rents had been reduced during the reconstruction process. DRES had planned to return to the normal level in December but EMCAC requested a delay at least until the new year. The Tenant’s Council also requested consultation on the rents and a delay until March. Based on the EMCAC request, the rents will go back to the pre-fire levels in January.
DRES is moving ahead with a jury process for selection of outdoor vendors and are working with existing vendors to ensure that their product mix meets the requirements. EMCAC’s market operations committee will provide input to the selection process.
Anita Jefferson has replaced Larry Gallo as the non-food vendors representative on EMCAC. EMCAC voted a resolution thanking Larry for his years of service.
Two constructions issues remain unresolved. A major problem has arisen with the windows. The glass does not filter out enough light – causing damage to the food and flowers inside. Consequently shaded have been installed as a temporary matter – paid for by the Capitol Hill Community Foundation’s Eastern Market Fund. EMCAC has recommended that a lighting engineer be hired to analyze the situation and come up with a permanent solution. DRES is resisting this recommendation. Attached is a draft resolution by the ANC requesting DRES to take these steps.
The second issue is the lowering of the deli cases inside the South Hall. The cases are raised 6 inches above the floor as required by health code. With that additional height off the floor, however, many patrons and merchants’ staff can not see over the top of the case. Health regulations also allow food cases to sit directly on the floor. DRES is refusing to allow this change even thought the Community Foundation will pay for the changes. Attached is a resolution calling upon DRES to allow these modification.
Tuesday, December 8, 2009
Resolution on Deli Counters at Eastern Market
WHEREAS, the deli and food display counters in the reconstructed Eastern Market are raised six (6) inches off of the floor; and
WHEREAS, the result has been to raise the counters to a height that many patrons and merchants have difficulty seeing over, thereby creating a wall between the merchants and their customers; and
WHEREAS, such a situation diminishes the shopping experience in Eastern Market, seriously inconveniences both the merchants and the customers and thereby threatens the economic viability of the Market by degrading the customer’s ability to make purchases; and
WHEREAS, such a situation has also resulted in merchants and their staff climbing on cartons and stepstools in order to conduct business which creates a safety hazard; and
WHEREAS, DC health regulations (25 DCR 1702) allow for deli case to sit flush on the floor; and
WHEREAS, The Department of Real Estate Service has refused to agree to merchants to lower the cases to the floor, but has rather suggested that the cases be lowered three (3) inches, which would not solve the problem; and
WHEREAS, the Capitol Hill Community Foundation Eastern Market Fund has offered to help pay for the lowering of the deli and food display cases; and
WHEREAS, the Eastern Market Citizens Advisory Committee (EMCAC) has advised the Department of Real Estate Service that the cases should be placed on the floor.
NOW THEREFORE BE IT RESOLVED that ANC 6B supports the recommendation of the Eastern Market Citizens Advisory Committee and very strongly urges that the Department of Real Estate Services allow the deli and food services cases to be lowered to sit on the floor in a manner that conforms to all health code requirements.
Approved: December 8, 2009
By a vote of 9 to 0.
Tuesday, December 8, 2009
Resolution on Windows at Eastern Market
WHEREAS, during the reconstruction of Eastern Market lightly tinted and non-effective glazing was installed in the windows rather than darker tinted glazing or photosensitive glazing that darkens in response to brighter sunlight; and
WHEREAS, the result has been that the Merchants are now experiencing product spoilage, washed-out food appearance and intense glare; and
WHEREAS, shades have been installed as temporary relief of the problem, paid for by the Capitol Hill Community Foundation; and
WHEREAS, the shades are not a permanent solution due to problems of serviceability and aesthetics; and
WHEREAS, the Eastern Market Citizens Advisor Committee (EMCAC) raised this issue numerous times during the reconstruction, in 2008 urged the hiring of an expert to assess the situation and recommend solutions, and has recently renewed that request.
NOW THEREFORE BE IT RESOLVED that ANC 6B joins with EMCAC to request that the Department of Real Estate Services obtains the services of a competent expert to perform an engineering/architectural analysis of the problem, including an analysis of light contribution from the window and door glazing will contribute to the light from the skylights and how that combined light level is taken into account in the amount and control of the artificial light that will be provided for the South Hall, and to develop a long term solution that addresses the functionality, historic appearance, aesthetics and serviceability issues.
Approved: December 8, 2009
By a vote of 9 to 0.
Dates of Meetings for 2010
All meetings begin at 7:00 p.m.
 With the absence of the chair of the Planning & Zoning Committee, the vice-chair read the Committee report.