Minutes of Regular Meeting
Tuesday, January 11, 2011—7:00 p.m.
Commissioners Present: Francis Campbell, Jared Critchfield, Brian Flahaven, Ivan Frishberg, David Garrison (Outgoing Chair), Carol Green, Neil Glick (Chairing), Norman Metzger, Kirsten Oldenburg, Brian Pate.
Commissioners Absent: none.
Also in attendance: ANC6B Staff Assistant Bert Randolph.
1. Election of Officers
Following the introduction of Commissioners, Chair Garrison suggested the Election of Officers be held first, prior to the adoption of the agenda. Seeing no objections, Gottlieb Simon, Executive Director of the DC Office of Advisory Neighborhood Commissions, was introduced to lead the election.
asked for nominations for the Commission Chair position. Commissioner Green nominated Commissioner
Glick. Commissioner Glick was elected 7-3.
(Commissioners Garrison, Metzger,
Commissioner Pate nominated Commissioner Frishberg for the position of Vice-Chair. Commissioner Frishberg was elected 6-2. (Commissioners Garrison and Metzger voted no; Commissioners Campbell and Oldenburg abstained).
Commissioner Metzger then nominated Commissioner Critchfield for the Secretary position. All ten Commissioners voted affirmatively.
Commissioner Green was nominated for the Treasurer office by Commissioner Glick. All ten Commissioners voted affirmatively.
Commissioner Metzger nominated Commissioner Flahaven to serve as Parliamentarian. All ten Commissioners voted affirmatively.
2. Adoption of Agenda
Commissioner Glick asked for additions and changes to the agenda. Commissioner Frishberg requested adding a proposal to send a letter of support to District of Columbia Public Schools (DCPS) Chancellor for reopening Van Ness Elementary School to the agenda. Commissioner Garrison objected on the grounds that placing such an important topic on the Commission’s agenda at the last moment would prohibit full community participation in the discussion. After discussion concerning the timeliness of the DCPS decision, the process of adding items to the agenda, and implications for other schools in SE and SW, and with the understanding that the draft letter had been distributed in advance to Commissioners and on neighborhood websites, the proposal was added to the agenda as item 5a by a vote of 8-2 (Commissioners Garrison and Oldenburg voted no). The agenda was then adopted.
3. Community Speakout
Mr. Chuck Burger, head of the Sign Tigers group, spoke about plans to
develop an information hub to be located on the
Michael Robinson of the 300 block of
Mr. Erik Holzherr of the 1400 block of
4. Community and Commission Announcements
Commissioner Garrison announced the Commission’s February 2 Special Call Meeting at the Brent School, 7 p.m., where the Stanton-East Banc development team selected by the city will present its current plans for the redevelopment of Hine Junior High.
Commissioner Metzger announced the January Retail Mix Task Force Forums.
5a. Proposal to Send Letter of Support
Commissioner Frishberg moved (with a second from Commissioner Metzger) that the Commission send a letter of support to DCPS for reopening Van Ness Elementary School. Commissioner Garrison asked a series of questions about the likely impact of reopening Van Ness on other schools in SE and SW, including charter schools, and whether allocating funds to reopen Van Ness might adversely affect funding that would otherwise be available to nearby schools. Commissioners Frishberg and Pate presented information from the District of Columbia Public Schools that outlined the capacity and attendance of neighborhood schools, information pertaining to the projections of school age population in the Van Ness boundary, and the public announcement to make a decision in January of 2011. Naomi Mitchell of Councilmember Tommy Wells’ office clarified some details about the school’s possible opening and the timeline as set by DCPS. The motion passed with 9 affirmative votes (Commissioner Oldenburg abstained).
6. Alcohol and Beverage (ABC) Committee
Bavarian Beer Garden, Lic# ABRA-085710, CT, 720 L Street, SE New tavern, beer garden with European/American food. Number of seats 99, summer garden seats 200, total occupancy load is 399.
Commissioner Green moved (with a second from Commissioner Critchfield) to
support the liquor license and sign a Voluntary Agreement (VA) with
7. Planning and Zoning (P & Z) Committee
HPA # 11-106, 641 A Street, SE – Second story addition over an existing one-story addition
Mr. Jack Stein represented the property and said he had mailed notices to neighbors and presented receipts but did not receive replies as the neighbors were out of town. The Planning and Zoning Committee recommended approval of the application. Eight Commissioners voted to support the addition (Commissioner Glick abstained; Commissioner Oldenburg was out of the room).
HPA # 11-XXX, 300 9th Street, SE – Moving entry door on 9th Street, SE
Commissioner Campbell, the Planning and Zoning Commission Chair, informed the Commission this case was withdrawn because it is a desk sign off case with the Historic Preservation Review Board (HPRB).
BZA # 18159, 627 G Street, SE – Special exception to allow addition to existing one-family semi-detached dwelling, not meeting side yard requirements in R-5-B district
Ms. Faye Hegburg said her architect did not send notice of the Planning and Zoning Meeting so she had not attended the prior week’s Committee meeting to present her proposal. Commissioner Metzger moved (with a second from Commissioner Green) that the Commission support the exception. The motion passed 6-2 (Commissioners Garrison, Glick voted no; Commissioners Oldenburg, Pate abstained).
ZC # 08-06, CZR Review: Subtitle J: Production, Distribution and Repair Zones
All 10 Commissioners voted affirmatively to support the recommendation of the Planning and Zoning Committee that ANC 6B send a note to the Zoning Commission supporting its intended changes.
ZC # 08-06-15, CZR Review: Administration, Enforcement and Procedures
All 10 Commissioners voted affirmatively to support the Planning and Zoning Committee’s recommendation that ANC 6B send a note to the Secretary of the Zoning Commission outlining its concerns with Recommendations 3, 4, and 9 and that the Commission Chair designate a Commissioner or Commissioners to testify before the Zoning Commission.
8. Eastern Market Report
The Commission dispensed with reading the report as it was compiled by former Commissioner Jarboe from other reports. Commissioner Frishberg moved (with Commissioner Metzger seconding) that the Commission designate Commissioner Pate as the Commission’s interim representative to the Eastern Market Community Advisory Committee (EMCAC). The motion passed with all 10 Commissioners voting affirmatively.
9. Financial Matters
Commissioner Green moved (with a second from Commissioner Garrison) that the Commission approve a resolution authorizing the Treasurer to issue a check for $25.00 to pay the Commission’s annual premium for the ANC Security Fund for the period January 1, 2011 – December 31, 2011. The motion passed with 10 affirmative votes.
Commissioner Green moved (with a second from Commissioner Garrison) that the Commission accept the Financial Report as submitted. The motion passed with a 10-0 vote.
Commissioner Green moved (with a second from Commissioner Campbell) that the Commission approve an expenditure of $59.00 to reorder checks. The motion passed with a 10-0 vote.
Commissioner Green moved (with a second from Commissioner Campbell) that the Commission approve an expenditure of not more than $45.00 per Commissioner to order business cards. The motion passed with 9 affirmative votes (Commissioner Frishberg abstained).
10. Approval of Commission Minutes
Commissioner Critchfield moved (with a second by Commissioner Frishberg) that the Commission approve the minutes of the December 14, 2010 regular monthly meeting as prepared by Commissioner Oldenburg. The Commission voted 10-0 to adopt the minutes.
The meeting was adjourned at 8:50 pm.
Attest: Andrew Jared Critchfield, Secretary __________________________________________
Agenda, as adopted
Planning & Zoning Committee Report
Resolution on ANC Security Fund
Eastern Market Report
1. Election of Officers
2. Adoption of Agenda
3. Community Speakout
4. Community and Commission Announcements
6. ABC Committee
7. Planning and Zoning Committee
· BZA # 18159, 627 G Street, SE – Special exception to allow addition to existing one-family semi-detached dwelling, not meeting side yard requirements in R-5-B district
· ZC # 08-06, CZR Review: Subtitle J: Production, Distribution and Repair Zones
· ZC # 08-06-15, CZR Review: Administration, Enforcement and Procedures
8. Eastern Market Report
9. Financial Matters
10. Approval of Commission Minutes December
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: firstname.lastname@example.org, website: www.ancb6.org.
Next Meeting: February 8, 2011
January 4, 2011
Commissioners present: Francis Campbell (chairing), Kirsten Oldenburg, David Garrison, Norman Metzger, Carol Green, Brian Flahaven, Ivan Frishberg, Jared Critchfield, and Brian Pate. Also present, Bert Randolph, Staff Assistant
HPA #11-106, 641 A Street SE – Second story addition over an existing one-story addition.
Jennifer Fowler, Fowler Architects, presented. This is a by-right addition. The applicants wish to build a second story addition on an existing rear first-story addition that will necessitate removal of the existing small second story masonry wall of the existing bedroom to accommodate the structure over the first floor addition. Second story will fill in the existing “air court” with a new bedroom/office space and new bathroom. The applicants have attempted communication with the owners of adjacent property and have furnished copies of letters sent and certified mailing receipts. No concerns were voiced by members of the Committee and its recommendation is that the full Commission should approve this project.
HPA # 11-XXX,
Mr. Patrick Cooke of Trout Design presented the project. The
owners are proposing to remove a steel porch to any existing raised door of the
structure on the
BZA # 18259, 627 G Street SE – Special exception to allow addition to existing one-family semi-detached dwelling, not meeting side yard requirements in R-5-Bdistrict
Applicant did not appear before the Committee.
ZC # 08-06—Zoning Regulations Review, Subtitle J: Production, Distribution, and Repair
This zoning regulations review focuses on DC’s current industrial zones: C-M-x and M. The major focus of this OP review is a reorganization of the Industrial zone section of the Zoning regulations. Under this reorganization, the naming system is being changed. The other major proposed change at this stage of review is a reduction in the non-PDR uses allowed in each new zone.
According to the Setdown Report (November 19, 2010), the Office of Planning will be drafting portions of text based on this proposed reorganization and each section of the text will be made available for public hearings separately later in 2011. Once all these sections of text have been heard by the Zoning Commission, they will be unified into a proposed set of zoning regulations that will be subject to final public review. Thus, ANC6B will have an opportunity to review the substantive changes in Subtitle J in subsequent months.
Complicating 6B’s analysis of this particular zoning review is that, while 6B contains three sections currently zoned industrial, these are slated to be converted into other non-industrial zones according to the Comprehensive Plan Future Land Use map of June 2007 (see table below). The only areas of 6B that are designated as PDR zones in the Future Land Use map are the strips along the SE/SW Freeway and CSX rail tracks.
Industrial Zones Areas in 6B
Squares 956 and 952 (which includes
Mixed Use: Low Density Commercial/*
Triangle area bounded by
Mixed Use: Medium Density Commercial/*
Area containing the Capitol power plant and
Federal (power plant) and Parks (Garfield)
*Not clear on the map what the other component of the “mix” might be.
However, the Committee feels that it is important at this stage of the review to remind the Zoning Commission of these pending map amendments.
Thus, the Committee recommends that the Commission notify the Zoning Commission that, in general, it supports the proposals in the Setdown Report. It does not appear that the new PDR zones will affect ANC 6B because the currently zoned Industrial areas in 6B will not be affected by Subtitle J once the map amendments shown the Comprehensive Plan Future Land Use map of June 2007 are completed. However, the Commission looks forward to reviewing the future text amendments for Subtitle J that the Office of Planning intends to submit.
As part of its ongoing Comprehensive Zoning Review, the Office of Planning has recommended a number of text changes to various section of DC zoning regulations that cover administration, enforcement, or procedures xxx. The Committee reviewed the reference document, which contains 19 Recommendations. Committee members raised concerns about three Recommendations: #3, # 4 and #9).
Recommendation 3: Clarify that the ZC can determine, at its sole discretion, to hear any case that the BZA can hear.
Under current practice, BZA cases for zoning relief, such as special exception or variance, are routed through ANCs for review and comment under a well established process that affords the ANC view “great weight.” The Committee understands the efficiency of having the ZC hear such zoning relief cases along with a project’s companion map or text amendment, as presented in this recommended text amendment. However, the Committee expressed concerns about whether ANCs would be afforded the same opportunity for review and comment, in these combination ZC cases as is now common for BZA cases. In essence, would all of the requirements for public notification and placarding, as required under Section 3015, apply in these cases?
Recommendation 4: Allow affected ANC(s) to submit an ANC Setdown Form prior to a ZC Setdown Meeting in all contested (or potentially contested) cases, in which the ANC(s) can provide comments on particular items to the proposed project.
The Committee is pleased to see ANCs being given some input in the Setdown process where none has existed before. However, the Committee is concerned that the conditions that would allow an affected ANC the ability to comment are too restrictive, such as the provision that ANCs cannot voice an oral opinion.
Of particular concern, however, is the statement that “The comments made in a filed ANC Setdown Form would not technically be afforded ‘great weight’….” The Committee feels that this matter should be clarified and its legal basis be provided.
Finally, since it has been established procedure to allow ANC’s 45 days to consider and respond to issues, the Committee questions the rationale of the proposal of only 35 days in this amendment.
Recommendation 9: Delete § 2001.3 (a), which states that the existing building must be conforming with lot occupancy.
Although this recommendation attempts to address concerns and make the process less onerous, it raises additional questions when it states: “this change would allow homeowners whose property is already over lot occupancy to make vertical additions that do not increase that nonconformity. Any additions permitted by this change would be limited to the matter-of-right building envelope.”
The Committee raised the question that if the structure in already nonconforming and the addition is “by right” how would it not increase the nonconformity by the addition of a vertical addition? The Committee in agreeing with the spirit of the intention to clear any ambiguity notes that this “correction” has itself created additional confusion.
The Committee recommends that the Commission send a letter to the Secretary of the Zoning Commission expressing ANC6B’s concerns regarding Recommendations #3, #4, and #9. In addition, the Committee recommends that the Chair designate a Commissioner or Commissioners to testify before the Zoning Committee on these issues.
ANC 6B Eastern Market update – December 29, 2010
Commissioner Kenan Jarboe
The following is my report on Eastern Market, based on the EMCAC meetings of November 3 (using meeting minutes as no ANC representative was able to attend) and December 15:
At the November meeting, there was a discussion about food trucks setting up near the Market. As the vending area around the Market is control as part of the operations of the Market, there was some concern that these trucks were operating in restricted areas. EMCAC sent a letter to the appropriated agencies asking that these vendors be regulated in accordance with existing statutes and regulations so as to not interfere with Market activities.
Management and EMCAC continues to explore the possibility of a Monday outdoor market. Some concerns have been expressed that Monday is not the best day for a weekday outdoor market as the inside market is closed. Other expressed the opinion that a Monday outdoor market would mean bring customers to the Market every day.
DRES and the Office of the Chief Financial Officer are in process of closing the books on FY2010 (which ended September 30) and will have FY 2010 actual financial data and the FY 2011 budget to EMCAC soon. Leases for the indoor merchants will be finalized when the financial reviews are complete. Councilmember Wells has asked the DC Auditor to conduct an audit of the Market Enterprise Fund, included past years, to determine the exact financial situation of the Market.
The new vendor application and approval process began work in what turned out to be a slightly rough shakedown cruise. Twelve (12) new vendors were added to the Market on a probationary basis (7 of whom actually showed up). However, they were approved by the Market Manager and DRES on a provisional basis. These provisional decisions were made parallel to and without input from the formal vendor peer-review process by the Application Advisory Review Committee. As a result, those who participated in the formal review felt that their input was moot and their efforts wasted. The Market Manager explained that the timing was such that he felt the need to move quickly and approve the vendors on a provisional basis because of the need to allow the new vendors to set up during the holiday season. These vendors were only given a provisional approval, which ends January 31. EMCAC must now review those provisional applications to determine whether they should be extended. The report from the Application Advisory Review Committee will be utilized in that review. All agreed that the process did not work smoothly and should be revisited by both EMCAC and as part of the overall Market governance reform process.
Given the number of repairs being made by utility companies to 7th Street in front of the Market that have resulting in the destruction of the paving stones, EMCAC is requesting that the Public Service Commission require the utility companies to provide their own supply of matching road pavers, rather than rely on the dwindling supply set aside by DDOT for general repair purposes.
As reported at the December ANC meeting, DRES has confirmed that all of the deli cases inside the Market have been lowered and a means for cleaning under the cases developed.
The next meeting of EMCAC will be January 26. The ANC will need to appoint a representative to attend that meeting.
Minutes of Special Call Meeting
Hine Jr. High School Redevelopment Project
Wednesday, February 2, 2011—7 p.m.
Commissioners Present: Jared Critchfield, Brian Flahaven, Ivan Frishberg, David Garrison, Carol Green, Neil Glick (Chairing), Norman Metzger, Kirsten Oldenburg, Brian Pate.
Commissioners Absent: Francis Campbell
Commissioner Glick introduced Councilmember Tommy Wells and former Councilmember Sharon Ambrose and then asked Commissioner Garrison to conduct the meeting.
Commissioner Garrison announced that this project would be heard before the March 2011 ANC 6B Planning and Zoning Committee and introduced Ken Golding, partner with Stanton Development (stantondevelopment.com) and head of the Stanton-Eastbanc team.
Mr. Golding announced that the Shakespeare Theatre, International Relief & Development, and the Tiger Woods Foundation are no longer part of the project. He said a boutique hotel may become part of the development, but it would not be clear for the next 60-90 days. Mr. Golding introduced Amy Weinstein of Weinstein Studio/Esocoff & Associates Architects (esocoff.com).
Weinstein then shared her “Hine Community Concept Presentation” (available as a
pdf file at http://hineschool.com/design-concept/). The Hine project entails 557, 374 square feet
(244,074 residential; 150,156 office; 39,700 retail;
123,444 parking) with more than 438,000 square feet above grade. If no hotel is part of the development, the
plan includes 33 residential units in the North building along
Weinstein showed photos taken by John Wymer in 1949
and 1950 which show
project plans call for the alley between 7th and 8th
Streets to remain 100% open to vehicular traffic. In the alley, the developers intend to ask
DDOT to wall mount the alley lights, resulting in removing of the poles and
wider alley access. The plans also call
for a 2-foot setback of the building where the north/south alley meets the
east/west alley to accommodate turning vehicles.
Ms. Nicole White of Symmetra Design (symmetradesign.com) was then introduced to discuss traffic issues and impacts of the project. Ms. White shared her “Hine Jr. High School Site Redevelopment” presentation (available as the “Transportation Overview” pdf file at http://hineschool.com/design-concept/).
White showed her calculations for how traffic will be impacted by the project,
using Level of Service metrics. She
anticipates 269 additional trips during the morning peak hours, 58 additional
trips during the evening peak hours, and 97 additional trips during the
weekend. She studied parking at 2 p.m.
on a Sunday in November 2010 and observed that there are 583 residential
parking spaces in the area roughly bounded by
Commissioner Garrison then called for questions from the community and Commissioners. Questions were answered by Ken Golding, Amy Weinstein, and Nicole White. Answers are in the brackets. Questions focused on issues such as the time of the traffic studies (Saturday v. Sunday use and which months) [additional studies will be conducted], the criteria for including a hotel in the development [not much detail was provided], the opening of C Street and the alley [both will have 2 way traffic except for C Street on the weekends], the intended size of residential units [800 – 1600 square feet], whether the units will be apartments or condos [it depends on the market, but they’re architecturally designed the same], the importance of including workers/office space on the weekend traffic trips metric [currently weekend office trips are calculated at zero], taxi access to the hotel if it’s included [will be accounted for] , the timeline [expected 2015 completion], depth of sidewalks [more than 30’ on the 7th Street side], demolition plans [more community meetings must be scheduled], encouraging non-vehicular transportation [the parking garage includes bike parking and the office building includes bike parking and shower facilities], the Eastern Market Metro development [it’s not part of this project and linking to the Metro underground is cost prohibitive], how low-income and seniors will be accommodated in the residential units [there will be set asides for households at 50-80% of area medium income], whose responsibility it is to move the flea market during demolition and construction [that will require further community meetings], when will architectural drawings for review by the Historic Preservation Review Board (HPRB) be available [late February].
The meeting adjourned at 8:44 p.m.
Attest: Andrew Jared Critchfield, Secretary __________________________________________