Advisory Neighborhood Commission 6B

Minutes of Regular ANC Meeting

May 8, 2007

 

 

 

Commissioners Present: Julie Olson, Will Hill, Antonette Russell, Neil Glick, Mary Wright, David Garrison, Ken Jarboe, Daniel Ostergaard, Carol Green.  Commissioner Francis Campbell arrived after the start of the meeting.

 

Commissioners Absent: None

 

Chairperson Julie Olson chaired the meeting and the Commissioners introduced themselves.

 

There was a quorum for conducting business.

 

Adoption of Agenda

 

Commissioner Jarboe asked that a resolution on the rebuilding of Eastern Market be added after presentations.  The Chair wanted to add after the ABC Committee Report section, Eastern Market Committee and Representative. 

 

Commissioner Glick made the motion to adopt the agenda as amended.  The motion was seconded by Commissioner Jarboe.  The Chair asked all in favor to raise their hands.  The vote was unanimous (9-0).

 

Community Speakout

 

DC Fire Department – Mr. Robert McClafferty, 2nd Battalion Chief, stood and thanked the community for its support while the Fire Department was fighting the fire at Eastern Market and especially after the fire was extinguished.  Mr. McClafferty responded to questions from the audience regarding various issues.  Chief McClafferty invited community members to contact him directly at 202.673.3382 if they had additional questions or comments.  He also provided the audience with the main firehouse phone number of 202.727.1614 to report anything they think needs the fire department’s inspection.  Chief McClafferty also announced they had a Smoke Detector Give-Away Program that provided free detectors and the department would even come and install them free-of-charge.

 

Committee for Eastern Market – Gary Peterson, Chair of the Committee for Eastern Market, the Capitol Hill Community Foundation sponsors, reported that they had raised approximately $170,000.00.  Mr. Peterson stated that a number of restaurants in the area would be donating 5% of their proceeds to the receipts this night (May 8, 2007) toward the fund.  Additionally, his organization will have a booth at the Eastern Market next weekend to gather additional funds.  Mr. Peterson stated that the foundation started today (May 8, 2007) making payments to merchants who need to buy new equipment and employees who need something to tide them over.. 

 

Anacostia Waterfront Corporation (Reservation 13) Update – Jeff Seltzer, Chief Engineer with the Anacostia Waterfront Corporation (Reservation 13), stated that the ANC mission is to renovate the old DC General Hospital site (Reservation 13), a long-term project that will take many years to complete.  Mr. Seltzer stated that AWC wants to update the community on what is taking place now at the location.  They have been talking with the community about making interim improvements at the south metro entrance at RFK Stadium and will be following the recommendations made by the community.  Mr. Seltzer showed the Commissioners and community the design of the proposed improvements.  Mr. Seltzer stated that AWC is planning to put the project out for bid by the end of May or the first of June.

 

Citizen Robbery – A member of the community rose and stated that he had been robbed at gunpoint in the past two-months by teenagers and he wanted to know if the Commission had heard anything from the Mayor’s office or the police department about what they plan to do this summer to deal with this current spike in crime.  Since his troubles came during the winter months, he is concerned that, with the summertime coming, the problems will only get worse.  He was asked at what location did the crimes take place and he responded that it was at 12th and G Street, SE.

 

Community Walk-Through SMD 04 – Commissioner Ostergaard stated his SMD will be conducting a Community Walk-Through, Wednesday night, May 9th, where MPD District Chief Commander Groomes, Councilman Wells, and several other city officials will be in attendance and he wanted to invite all those in the neighborhood who are interested in becoming involved to attend.  The Walk-Through will start at 6:30 p.m. at 12th and D Street, SE.  When everyone gathers, they will address certain issues and then do the walk-through of some of the specific areas to see exactly what is happening there.

 

Commissioner Ostergaard announced that during the first week in June, he will also be conducting a Walk-Through with city officials in the vicinity of 12th and G Street, SE, proceeding through Potomac Gardens and down toward K Street, SE.  Commissioner Ostergaard will make the community aware of the specific date and time of the Walk-Through by the next ANC meeting.

 

Commissioner Ostergaard stated they are actively looking for people to volunteer in helping PSA 106 to put together Summer Programs for At-Risk Youth in the neighborhood, especially for any disadvantaged kids.  Commissioner Ostergaard went on to say that they are looking for people with ideas, experience, funds, and potential sources for funding the various youth programs to give the kids this summer some healthy alternatives.  He stated the kids had a fairly good computer center , but it was not being used very much.  A business owner on 13th Street, SE, has offered her services to teach the kids how to use the computers. 

 

Commissioner Ostergaard related to the group an incident that occurred in the neighborhood a few days earlier that involved three twelve year olds and one younger child.  They were throwing objects at a squad car and eventually hit it with some type of ball.  The officer then chased them back between 12th and 13th Street on G Street.  Several other officers showed up and chased the kids into Potomac Gardens.  Hearing that the kids had a gun, the police did a house-to-house (room-to-room) search and eventually found the kid with the gun, who was charged with the possession of a firearm.   Commissioner Ostergaard also invited everyone who is not a member of the 1st District’s Listserv to join.

 

The Chair invited everyone to visit the Commission’s website www.anc6b.org for more information regarding the Commission and that they would be able to find information on each Commissioner, including home phone numbers.

 

311 and 911 Systems – A lady from the community complained about not getting information regarding crime in the neighborhood.  Commissioner Ostergaard stated that the police system utilizes the information obtained from the 311 and 911 systems to determine where to position its neighborhood resources and he encouraged everyone to please call both numbers to report problems.  He went on to say that he understood that most people are not satisfied with the 311 and 911 systems, but they are key in helping to identify where the police department needs to focus their attention and manpower.  If you see something please report it by using 311 or 911.  Commission Ostergaard encouraged everyone to contact their Commissioner and/or their PSA and let them know about their experience. 

 

Ms. Simone Green the Mayor’s Community Outreach Coordinator for Ward 6 stated that the Commission could have representatives from the Communications Group come and make a presentation on how the 311 and 911 systems work, which would provide everyone with a better understanding of the systems.  Ms. Green went on to say that Mayor Fenty would be in the neighborhood the next day doing the walk-through and she encourages everyone to attend PSA meetings to voice their concerns.

 

Historic Congressional Cemetery – A gentleman representing the Association for the Preservation of Historic Congressional Cemetery stated that on Saturday, May 19th from 9:00 a.m. to 4:00 p.m. they would be having their Bicentennial Heritage Festival at 1801 E. Street, SE.  He stated there would be lots of fun for the entire family and invited everyone to please come join them.

 

1st District Police Department – Commissioner Hill announced that on first Tuesday of each month there will be a meeting at 415 4th Street, SW, starting at 7:00 p.m., with the 1st District Police Department. The meeting would be an excellent opportunity to for everyone to come and voice their concerns about policing issues.

 

Community and Commission Announcements

 

Police Department’s Outreach Activities – Commissioner Ostergaard announced that as part of the Police Department’s Outreach Activities on the 8th and 9th police officers will be doing double shifts in order to attend community events such as the one at G and 12th Street to allow them to communicate with the people in his and Commissioner Carol Green SMDs. 

 

Commissioner Ostergaard announced that a group has been formed called “Save our Market”, with a listserv for volunteers wanting to help raise money for the Community Foundation.  Commissioner Ostergaard stated the group is not raising money for itself but working to raise money for other organizations in support of Eastern Market.  He invited anyone who is interested in getting involved to send an e-mail to www.saveourmarket@yahoo.com.

 

Public Meeting Hill East Waterfront Zoning – Commissioner Jarboe announced that on Wednesday, May 16th there will be community meeting to discuss the zoning on Reservation 13 (Hill East Waterfront), an area that is currently not zoned.  The Office of Planning has a proposal for the zoning of the area and if people are interested they should attend the meeting.  The meeting will be held at the Mt. Moriah Baptist Church, which is located at 1636 East Capitol Street, NE.  There will be an open house from 6:00 p.m. until 6:30 p.m.  The meeting will be from 6:30 until 8:00 p.m.

 

Presentations

 

Marine Corps Marathon – Bret Schmidt, Operations Manager

 

Mr. Schmidt thanked the Commission for the opportunity to share his information regarding the upcoming 32nd Marine Corps Marathon.  Mr. Schmidt stated that the race will be take place on Sunday, October 28th.  The race course will not effect the southeastern portion of the city (ANC6B) as other marathons have in the past.  Mr. Schmidt stated that they will be holding their Health and Fitness Exposition at the DC Armory from October 25th through the 27th.  The hours will be Thursday, October 25th, from 3 pm – 8 pm; Friday, October 26th, 10 am – 8 pm; and Saturday, October 27th, 9 am – 7 pm.  Everyone who registers for the marathon, 10 K, and children marathon must come there to pickup their race numbers and packets.  There will also be a Pasta mess tent across the street in the mall area.   Police will be there to direct the traffic.  Mr. Schmidt also stated that East Capitol would not be closed for these events.  If you are interested in running in the marathon or volunteering you can go online at www.marinemarathon.com

 

Resolution Rebuilding Eastern Market

 

The Chair turned the meeting over to Commissioner Jarboe.

 

Commissioner Jarboe stated that last night (May 7, 2007), there was a meeting at Hine Junior High School where a large number of people attended, to discuss the relocation issues dealing with the Eastern Market fire.  Commissioner Jarboe stated the purpose of the meeting was to look at some of the options for relocating the South Hall temporary spaces.  Coming out of that meeting he wanted to offer the following resolution in support of the consensus of the meeting:

 

Resolution

ANC 6B

Rebuilding of Eastern Market and Temporary Measures For the Continuation of Market Activity

 

Whereas, On the morning of April 31, Eastern Market was ravaged by fire.

 

Whereas, Eastern Market is the heart of Capitol Hill.

 

Whereas, Eastern Market is also a national treasure and an important historic building.

 

Whereas, Eastern Market is more than just a building, but a collection of neighborhood servicing businesses.

 

Whereas, The Mayor has pledged to rebuild the Market within 24 months, including existing plans for interior renovations.

 

Whereas, DC government is proposing to construct a temporary market building to house the South Hall merchants displaced by the fire.

 

Whereas, DC government is also proposing to temporarily close 7th Street SE on weekends to accommodate the outdoor vendors.

 

Whereas, DC government hosted a community meeting on May 7th where these proposals were discussed.

 

Be it therefore resolved that:

 

ANC 6B supports the proposal to construct a temporary market building to house the South Hall merchants displaced by the fire on the Hine Junior High School playground and supports the temporary closure of 7th Street SE on weekends to accommodate the outdoor vendors.

 

Be it further resolved that ANC 6B urges the DC government to do all that it can to renovate, restore and rebuild Eastern Market as quickly as possible, in keeping with existing renovation plans and the historic character of the building and to do all that it can to support existing vendors and insure that they return to the building.

 

Commissioner Jarboe moved that the amendment be adopted.

 

Commissioner Green made the friendly-amendment that the date of the fire be changed from April 31st to April 30th.  Commissioner Jarboe agreed that the date should have been April 30th and it was changed.

 

Commissioner Jarboe’s motion was seconded by Commissioner Glick.

 

The Chair asked all in favor of adopting the amendment to raise their hands.  The vote was unanimous (9-0-0).

 

Planning and Zoning Committee

 

The Chair stated that she had forgotten to mention at the beginning of the meeting that BZA Case # 17592, 740 9th Street, SE, had been pulled from the agenda.

 

The Chair stated that since the Planning and Zoning Committee Chair Francis Campbell, was not present, she would ask the Vice Chair, Commissioner Ostergaard to read the Committee Report and to start with HPA # 07-150, 1117 E. Capitol Street case.

 

Commissioner Ostergaard read the following:

 

HPA # 07 – 150, 1117 E. Capitol St. S.E. – Rear addition, basement excavation, roof deck

 

Barry and Jennifer Brown, the owners of the above referenced address propose to expand their kitchen to take in the existing rear porch, expand the second floor bedroom to the same footprint, build a rooftop deck over the second floor, and excavate the basement.

 

The applicant has letters of support from neighbors located at 1109, 1123 and 1113 East Capitol St. SE, and 116 11th St. S.E.

 

The applicants understand that they will eventually be required to go before BZA to get its approval of their project before construction can began and that the Committee was only considering this as an HPRB case.  The committee therefore recommends to the full ANC to support this case as an HPRB case.

 

The Chair asked if there was any new information that was not presented at the P&Z Committee meeting. 

 

Mr. Brown responded that the only thing was the letter of support from his neighbor at 1121 East Capitol Street, SE, which he presented to the group.

 

Commissioner Glick asked Mr. Brown if he had letters of support from his immediate neighbors at 1115 and 1119.

 

Mr. Brown responded that at the P&Z meeting he had discussed that the neighbor at 1115 is elderly and all they have been able to get from her is a verbal approval.  The other neighbor at 1119 has expressed no problem with the kitchen and rooftop deck, but they have expressed concerns about lighting for the build out for the second floor.  Commissioner Garrison asked if the owners of 1119 had communicated their concerns orally and not in writing.  Mr. Brown responded that the comments were only oral.

 

Commissioner Jarboe stated that this case was in his SMD and that he would be voting to support it.  Commissioner Jarboe reminded Mr. Brown that he would be coming back before the Commission with his BZA application and would need to deal with the air, light and privacy issues at that time.

 

The Chair stated that this comes as a recommendation from the Committee, no motion or second is needed.  The Chair then stated that Committee has recommended that the Commission support this case and she asked all in favor of supporting the recommendation to raise their hands.  There were eight (8) votes.  She then asked all opposing the recommendation to raise their hands.  There was one vote (1).  The recommendation passed.

 

BZA # 17613, 1359 C Street S.E. – Special exception to establish a child development center (100 Children and 18 Staff) in the R4 Zone

 

Ms. Sonja Sweek, the owner, is proposing to open a Child Development Center in an existing 4-unit apartment building located at 1359 C Street S.E.   Ms. Sweek proposes to renovate and convert this building to service 100 children and 18 adult staff members.  

 

The Committee’s discussions were centered around the following Special Exception conditions for Section 3104 – Child/elderly Development Center – Any R-4, §205:

 

205.3   The center shall be located and designed to create no objectionable traffic condition and no unsafe condition for picking up and dropping off children or elderly persons.

 

205.4   The center shall provide sufficient off-street parking spaces to meet the reasonable needs of teachers, other employees, and visitors.

 

205.5   The center, including any outdoor play space provided, shall be located and designed so that there will be no objectionable impacts on adjacent or nearby properties due to noise, activity, visual, or objectionable conditions.

 

205.7   Any off-site play area shall be located so as not to result in endangerment to the individuals in attendance at the center in traveling between the play area and the center itself.

 

205.8   The Board may approve more than one (1) child/elderly development center in a square or within one thousand feet (1000 ft.) of another child/elderly development center only when the Board finds that the cumulative effect of these facilities will not have an adverse impact on the neighborhood due to traffic, noise, operations, or other similar factors.

 

Ms. Sweek provided the Commissioners and audience with an overview of her background in education and social services, on the property and its past usage, current improvements made, original intended use of property, and her logic and reasoning for wanting to convert the property into a Child Development Center.  Additionally, Ms. Sweek stated her plans to add a third floor, which is a matter-of-right.

 

Ms. Sweek stated and exhibited a tentative agreement with the District of Columbia Public School’s Real Estate Office for the use of 6 parking spaces at Payne Elementary School, which is across the street from the proposed center, for off-street parking for employees/staff from April 2, 2007, to March 21, 2008, from 7:00 a.m. until 8:00 p.m., Mondays thru Fridays.

 

Ms. Sweek estimated there would be approximately 40 cars per day dropping off students at the center. 

 

Ms. Sweek stated that her outdoor play areas would be at nearby Lincoln Park, Spielberg Park or other off-site play venues.

 

Regarding traffic issues, Ms. Sweek submitted a letter from Erik Linden of DDOT, which specifies that “one of DDOT’s TSA parking specialists would conduct an on-site inspection of the center and its parking environment. DDOT – at the discretion of the specialist –would typically set up two parking spots for drop off & pickup of clients”.

 

There was considerable discussion between the Commissioners and Ms. Sweek regarding the potential impact of locating her center in the residential zone.  Commissioners sought her assurance that the center would not negatively affect the residents in the area, with special emphasis on the number of students, location of the drop off and pickup area, length of off-site contractual agreement, and traffic

 

The following residents spoke in opposition of the center:

 

Gretchen Mikeska, 1404 C. St., S.E.

Jim Meyers, 1418 C. St. S.E.

Frank Zampatori, 1815 Massachusetts Ave., S.E.

Jack Calhoun, 1434 C. St. S.E.

Jan Gaudio, Kentucky Court Association

Stephanie Walker, 265 14th Street, SE

Rachel Conway, 1438 C Street, SE

 

The following residents spoke in favor of the center:

 

Dr. Kathryn Wilson 7th St. N.E.,

Al McCallister 525 14th St. S.E.,

Merridith Atkinson 414 10th St. N.E.,

Cheryl Lamar 312 14th Place NE,

Suzanne Wells 1339 East Capitol St. S.E.,

Deidra McAllister 525 14th St S.E.,

Mellisa Groppel 1323 4th St. S.W.,

 

Ms. Sweek presented the Commission with a booklet with letters of support from numerous people in the community.

 

There were numerous letters in opposition including a letter from the Kentucky Courts Condominium Association Board, which outlines three main concerns:

 

1.) Violation of Section 205.3 – Objectionable Traffic Conditions and Unsafe Conditions

2.) Violation of Section 205.4 – Lack of Sufficient Off Street Parking

3.) Violation of Section 205.5 – Objectionable Impacts Due to noise

4.) Concerns about the legality and code compliance of the ratio of number of children to    the available square footage of the interior building before and after the proposed renovations and rebuilding.

 

Also against the proposal was CHRS (Capitol Hill Restoration Society), which noted at its April 12, 2007, meeting a number of concerns:

 

1.)    The applicant did not prove that she had met all applicable code and licensing requirements

2.)    There are only two to three car lengths of frontage on C Street and that is not sufficient for a center to allow cars to drop off and pick up 100 children each day. Such a condition is unsafe and will create objectionable traffic.

3.)    The applicant is unable to provide parking on site and has entered into a revocable lease with Payne School for 6 staff parking spaces. The number of spaces is inadequate for the staff of 18 and does not take visitors into consideration. The lease is only for one year and can be revoked by Payne at any time.

4.)    The applicant proposes to use Lincoln Park as its play area. Traveling the 3 to 4 blocks to the park requires crossing Independence Ave. and East Capitol, both very busy streets. The play area is too far from the facility and travel to and from the play area for 100 children is too dangerous.

5.)    There is an elementary school (Payne) and another childcare facility (Board of Child Care) within 1000 feet of the proposed facility. Payne is expecting to grow and the Board of Child Care is expanding. The cumulative effect of the facilities will adversely impact the neighborhood due to traffic disruption, noise and parking.

6.)    The Department of Human Services had not stated that the facility can be licensed as required by the Zoning Regulations.

7.)    At the meeting the applicant disclosed for the first time that she intends on adding a third floor to the building. This will require further BZA permission and everything should be included in one application. 

 

At the conclusion of the discussion, the members of the Committee proposed four (4) individual amendments to the proposed application:

 

1.)    That the entrance to the building and the drop off and pick up zone be moved onto 14th St. S.E.

2.)    That the applicant seek a binding agreement for off site parking for a minimum of 3 years for 6 parking spaces

3.)    That the applicant limits the enrollment of children to 25 members.

4.)    That the applicant limits the enrollment of children to 50 members.

 

Each amendment passed with votes of: 

Support      Opposed    Abstained

         1.)                                                                              6                  2                 0            passed

         2.)                                                                              6                  2                 0            passed

         3.)                                                                              4                  4                 0            passed

         4.)                                                                              4                  1                 3            failed

 

The Committee voted on accepting the 3 amendments to the application that passed, but the vote was 4-4-0.  Thus, there was no consensus among the members to adopt or reject the amendments as proposed and the members could not agree on a recommendation for submission to the full ANC.   Therefore, the Committee referred this matter to the full ANC further discussion and a final vote.

 

The Chair asked if Ms. Sweek was present and if she had any new information since the P&Z Committee meeting on her application. 

 

Ms. Sweek again gave the audience a brief overview of the history of the property, her professional and educational background, the proposed hours of operation (7:00 a.m. to 7:00 p.m.).  Ms. Sweek said did not plan evening or weekend operations, and there would be some drop-in care.  Ms. Sweek stated that regarding parking, she has exceeded statutory requirement of ,one parking space for every four employees by having six parking spaces rented from Payne School.  Any excess space will be used by visitors.  Additionally, she is willing to give out public transportation stipends and metro cards to encourage staff to take public transit to work.

 

Ms. Sweek stated there will not be a noise issue associated with moving the children between the center and the recreation spots (parks) because the students will be escorted, which is allowed by statue and is currently being done by centers downtown.  Regarding the drop off area, Ms. Sweek stated she will encourage the DDOT traffic specialist to put the special signage area on the 14th Street side.

 

Ms. Sweek stated that concerns had been voiced about fire truck traffic and potential congestion at the day care center and she did not see the difference between what the trucks are currently experiencing with Payne Elementary and her center.

 

Ms. Sweek stated there had been mention of another day care center being placed at Payne, but it is her understanding the child care is an after-school program through Parks and Recreation and would not address the need for working professionals who need all day care for their child.

 

Ms. Sweek concluded by providing the Commission with a booklet of additional letters of support and signed petitions regarding her application to provide day care services for the community.

 

The Chair asked Ms. Sweek what was the age range of the children who would be attending the center.  Ms. Sweek responded the ages would be from 2 to 8 years of age.

 

The Chair stated that in an attempt to give everyone an opportunity to voice their opinion she was requesting that only those people speak who had not spoken at the P&Z meeting last week or those who did speak but feel they have some new comments regarding the new information Ms. Sweek had just provided.  The Chair then asked that those favoring the Center speak first.

 

There were a total of 8 citizens who rose and spoke strongly in support of the application.  (Due to their distance from the tape, low volume level of their voices, and background noise we were unable to obtain their contact information from the tape.)  Each person spoke to the various issues that others had described as being negative, but they were of the opinion that the positives provided by the child care center overrode the negatives.

 

The Chair then asked those in opposition to the application to come forward and speak.

 

Stefanie Walker, who lives at 265 14th Street, SE, rose and stated that she was speaking on behalf of her neighbors at The Kentucky Courts Condominium Association (over 100 households) who are in opposition to this application.  Ms. Walker stated they are not arguing that there is no need for a day care in the area, but they are against the scale of the proposed center in the neighborhood and the related traffic safety problems.

 

Frank Kulbaski, who lives at 1352 C Street, SE, stated he had spoken with Captain Thomas Thornhill at Engine Company 8 Fire Station. Mr. Kulbaski was informed that as of the last fiscal year there were 3,675 calls for fire engines and ambulances, averaging out to over 10 per day.  He went on to say that, assuming the trucks would have been going only in the direction of the proposed day care center, this would mean over 5 trucks per day would be going past, and that most calls would be answered during the peak traffic hours.  Mr. Kulbaski stated that the bike lane on 14th Street is the only bike lane east of 4th Street that goes south, between East Capitol Street and the river.  Therefore, if 14th Street is turned into a loading zone, the bike lane will be blocked.  Additionally there is not a service alley to pickup and deliver supplies at the proposed site, therefore traffic could be blocked on C Street during these times.

 

Gretchen Mikeska, who lives at 1404 C Street, SE, stated she had spoken with the principal at Payne Elementary School and the Director of the DC Parks and Recreation Program located in the building.  Currently there are three programs being administered there.  The Payne Early Care and Education Center, which is run by DC Parks and Recreation and is for twenty 2 to 4 year olds and runs from 7:00 a.m. to 6:00 p.m. (11 hours/day).  There is a recreational program for fifty children that is open from 12:30 p.m. to 9:00 p.m. on week nights, which is mostly for Payne students, but they do accept others.  This program is also run by DC Parks and Recreation Department.  Additionally, there is the Before Care Program that is similar to other schools which runs from 7:00 a.m. to 8:30 a.m. and provides breakfast for the students.  The After Care Program begins at 3:30 p.m. and ends at 6:30 p.m., and provides academic support to students.  Ms. Mikeska stated that the principal said their current enrollment at Payne is 241 children and he has the capacity for 500 children.  Additionally, the principal is planning to start a 3 year old program this fall, so he is expecting to school to reach its 500 child capacity in the very near future (2010).

 

Kathryn Wellen stated she too was against the proposed day care center.

 

Jim Myers, who lives at 1418 C Street, SE, stated he has studied the intersection at 14th and C Street over the years and feels he is well versed on that location.  Mr. Myers presented the Commission with a petition with over 100 signatures from neighbors in the area asking the Commission to oppose the application.

 

Commissioner Glick informed the Commissioners that this application would have the greatest impact upon his SMD.  Since parking in the proposed area is limited and the number of calls the fire department gets a day (approximately 10), it would make the placement of this center in this location a serious problem for the neighborhood.   Additionally, he stated that Ms. Sweek’s building is about 3500 sq. ft. and the Board of Child Care, which is less than a 1,000 feet away, is approximately 10,000 sq. ft..  The Board of Child Care has 68 children and are attempting to increase the number to 76 children. Commissioner Glick does not believe the proposal is very well though out. 

 

Commission Glick also stated that in the petitions he has received, there are 9 signatures from his SMD who signed the petition in support of the application.  Additionally, there are a total of 53 people who live within the 200 feet effected area, and there are 7 people who support the application and 3 who do not object.  Commissioner Glick stated that after looking at the petitions that were presented today, all but ten were within 200 to 500 feet from the proposed location of the center who were in favor of the application, which means that 90 people were in opposition to the application.  Commissioner Glick stated that a major factor in his decision-making process is whether or not the immediate neighbors support a project or not.  If the immediate neighbors support a project he will usually support the project.  Commissioner Glick then asked his fellow Commissioners to vote again the application.

 

The Chair stated her concern that in tonight’s discussion and previous discussions and e-mails regarding the proposed number of students who would be cared for in the center, there have been various suggestions about what the number might actually be once the city had completed its process.  The Chair said that the possibility that the final number might be a good deal lower than the number being requested now is not final enough for her to support a request for special exception. Therefore, she believes that the Commission will have to vote on the proposal as it stands for 100 children and 18 staff members, regardless of what the City will ultimately decide upon as being permitted.

 

Commissioner Garrison stated that he was supportive of the provision of additional day care on Capitol Hill.  That said, the Commission’s job was to assess the proposal with the criteria provided by statute.   Commissioner Garrison stated he believes the biggest problem is that the Commission does not have all the information in hand it needs to render a proper judgment, such as the number of children that will be cared for at the center.  Commissioner Garrison mentioned that it would be better if the drop-off site and entrance to the facility were located on 14th Street instead of on C Street.  Commissioner Garrison also expressed concerns about the traffic signage, which is unclear, at this stage, and there is a need for a longer-term parking agreement.

 

Commissioner Ostergaard stated that some neighbors are supporting the application and some are not.  Commissioner Ostergaard stated that he had visited the site both by walking and driving a total of 4 (four) times to observe the traffic and he did not believe traffic would be a problem.  Commissioner Ostergaard also stated that of the five criteria regarding day care centers in the regulations, the applicant had met them all save one based upon how he reads the regulations.  He went on to say that the Commission in not a law making body, but is in place to determine what is in the best interest of the neighborhood.  Additionally, he appreciated the comments that were made about trying to retain the residential character of the area, as well as its quality of life, and peace and quiet.  However he stated that his oath of office as an ANC Commissioner is not to a Commissioner for a particular block, but it is in what is the best interest of the District of Columbia as a whole.  Commissioner Ostergaard then stated that it is clear that there is a serious need for child care at all levels of income in this particular area of the city and there is a need for this particular facility.  However he believes the issue at hand is the number of children to be housed at the facility and he was disappointed that the people in the community and Ms. Sweek had not gotten together prior to the meeting to determine what the number of children should be.  Commissioner Ostergaard concluded by saying that there is a need for a facility like this, but a decision needs to be made regarding the correct number of children that should be attending.  Additionally, he stated this decision should not be an all or nothing decision because child care in needed on Capitol Hill and the ratio of support that he has gotten for the center has been 10 to 1.

 

The Chair stated that she was unable to attend the Planning and Zoning Committee meeting last week but she had heard about the case from many in the community who voiced either their support and objection to the application.  Additionally, she has heard from the Commissioners and reviewed the original documents about the case.  The Chair then stated that it did not appear to her that the proposal addresses everything it should address, as Commissioner Garrison had mentioned earlier.  Additionally, she understands the need for more child care on The Hill, but there are too many unanswered questions related to the case.  Therefore, at this time she will not be able to support the proposal at all and would like to see it come back to the Commission with more sufficient information and better numbers.  The Chair stated that she wanted to see what DDOT has to say and exactly how many children can be allowed to be in the facility.  Additionally, the Chair stated that after reviewing the regulations the only one she could agree the applicant met was the requirement that the Center shall provide sufficient off-street parking spaces to meet the reasonable needs of teachers, other employees, and visitors.  Furthermore, Ms. Sweek’s parking agreement is for only one year with Payne Elementary School.  The Chair stated it would be a disservice to the Commission, community, and neighbors to set an arbitrary number limiting the number of children who can attend the center.  Therefore, as the application stands for 100 children and given the many unanswered questions, she cannot support the application.

 

Commissioner Ostergaard asked if the Commission supported the application as is, is it the city that will come back and tell the Commission what the legal number of children who can attend the center?  The Chair responded that he was correct that the city officials would have the final say regarding the issue.

 

Commissioner Jarboe added that there were two parts to the answer.  First the ANC has input, but in the end BZA will do what it wants regarding the issue.  He continued by saying that the BZA would be looking at what the health department has to say about the number of children who can attend.  That is, if the health department said the number of children who can attend is lower, then the number must be reduced.  In other words, the Commission’s discussion is what are the terms of the Certificate of Occupancy requirements.

 

Commissioner Glick made the motion that the Commission oppose the application for a special exception.  The motion was seconded by Commissioner Green. 

 

Commissioner Garrison made a motion in the nature of a substitute that the Commission support the application with the following conditions: 1) there be a more substantial employee parking arrangement for at least three (3) years as a minimum; 2) the entrance of the building be reoriented to 14th Street along with the location of the drop off zone; and 3) the number of children allowed in the facility would be 50. 

 

Commissioner Ostergaard asked for a point of clarification in that if the Commission decides that the number of children should be 50 is it not true that the final decision will still fall back on BZA or the health department or whomever to decide what the final number will be.  Commissioner Jarboe responded that it would mean that the Commission’s recommendation to BZA would be cap the number of children at 50 and not 100.

 

Commissioner Campbell seconded Commissioner Garrison’s motion.

 

Commissioner Campbell spoke in support of Commissioner Garrison’s amendment. He noted that the amendment addresses a number of items that were discussed by the P&Z Committee last week.  However, he still has a number of questions and concerns, even with the amendment.  He remains concerned about the safety issues and feels there is not sufficient information to make a sound decision.   Commissioner Campbell said he was surprised to learn the number of trips the fire department makes and the potential safety hazards this will create.

 

Commissioner Jarboe stated that he was against Commissioner Garrison’s substitute amendment because of the process.  Commissioner Jarboe stated he believes the proposed number of children is too large.  Commission Jarboe added that he would offer a friendly-amendment to Commissioner Glick motion to say “without prejudice to a future application”, which would allow the applicant to come back at a later date with a more complete plan. 

 

The Chair agreed with Commissioner Jarboe that by sending BZA an arbitrary number of 50 children would be sending the wrong message and that the applicant should come back with a more complete plan that addresses the many issues that have been discussed.  Therefore, she would not be able to support Commissioner Garrison’s motion.

 

Commissioner Green seconded Commissioner Jarboe’s friendly-amendment to Commissioner Glick’s motion. 

 

The Chair asked those in favor of Commissioner Garrison’s motion to raise their hands.  The vote was 2.  The Chair then asked all in opposition to raise their hands.  The vote was 7.  The Chair then asked those abstaining to raise their hands.  The vote was 1.  The motion failed.

 

The Chair then asked all in favor of the motion to oppose the application with Commissioner Jarboe’s  friendly-amendment of adding the wording “without prejudice to a future application”.  The vote was 9.  The Chair asked for all those in opposition to raise their hands.  The vote was 1.  The motion passed.

 

The Chair turned the reading of the Planning and Zoning Committee Report over to the Chair of the Committee, Commissioner Campbell.

 

ZC Case #07 –04 Text Amendment – Temporary Detention and Correctional Institutions in the C –M District

 

The Committee recommends that the ANC write a letter to the Zoning Administrator stating that the ANC 6B has no objection to the deletion of this section of the code.

 

Commissioner Jarboe stated that the Office of Planning is recommending that this action be taken because it is an antiquated part of the code.

 

The Chair asked all those in favor of the Committee’s recommendation to raise their hands.  The vote was 8-0-1.

 

ZC Case #07 – 05, Text Amendment – Temporary Accessory Parking Spaces on Public Reservation 13 (Hill East Waterfront property)  

 

The Committee makes the recommendation to approve the text amendment.  The Committee encourages the Zoning Administrator to specify where the parking structures would be placed on the property, avoiding the possibility that the actual location could be in a variety of places.  The Committee also recommends that the parking lots be temporary until the parcels can be developed in accordance with the Master Development Plan.

The Chair stated this was a recommendation from the Committee needing no second.  The Chair then asked all in favor to raise their hands.  The vote was unanimous (10-0).

 

BZA Ruling regarding variance or special exception requirements for garages

 

The Commission over the past couple of months has been faced with several applications to build rear garages that were originally submitted for evaluation as special exceptions.  However,  after the Commission had rendered a decision, the Commission was notified by the applicant and/or BZA that the application would need to be evaluated as a variance.  This abrupt change in approach by the BZA has caused the Commission considerable concern.  The Commission’s concerns were communicated to the Office of Planning.  The Committee is pleased that the Office of Planning is now proposing these code changes to clarify the situation.

 

The Committee agrees with the definition as put forth by BZA, but suggests that a definition of a “garage” be included in the new language, setting limits regarding the maximum width, height, and length that a structure can be and distinguishing between a garage and a shed.   

 

ABC Committee

 

License Renewals:

 

Lic# 15387, La Lomita Dos, 308 Pennsylvania Avenue, SE

Lic# 25153, Aatish On The Hill, 609 Pennsylvania Avenue, SE

Lic# 60614, La Plaza, 629 Pennsylvania Avenue, SE

 

The above applicants appeared before the ABC Committee and they were found to be in compliance with ABC regulations and each signed a current Voluntary (Cooperative) Agreement.  The ABC Committee recommends support of their license renewals.

 

The Chair stated this was a recommendation from the Committee needing no second.  The Chair then asked all in favor to raise their hands.  The vote was unanimous (10-0).

 

Lic# 16129, Talay Thai Restaurant, 406 1st Street, SE

Lic# 7279, Young Chow, 312 Pennsylvania Avenue, SE

Lic# 70960, Cosi Restaurant, 301 Pennsylvania Avenue, SE

 

None of the above applicants attended the ABC Committee meeting.   The Committee therefore takes no position on their cases.

 

The Chair asked if there were any members of the above establishments present.  There were none. 

The Chair then stated that this was a recommendation from the Committee needing no second.  The Chair then asked all in favor to raise their hands.  The vote was unanimous (10-0).

 

Eastern Market Committee and EMCAC Representative

 

The Chair stated that in the light of what had happened to Eastern Market, she wanted to reestablish the Eastern Market Committee and appointed Commissioner Ken Jarboe as Chair and Commissioner Mary Wright as Vice Chair of the ANC 6B Eastern Market Committee. They would be charged with representing the ANC at EMCAC meetings. Commissioners Jarboe and Wright would also be the Commissioners responsible for holding public ANC committee meetings for the community and other leaders involved with Eastern Market as the rebuilding plans go forward.  Because the Commission’s bylaws do not include an Eastern Market Committee, the Commission must vote on the establishment of an Eastern Market Committee and on selecting a representative to EMCAC.  Therefore, the Chair moved to establish both.  The motion was seconded by Commissioner Jarboe.

 

The Chair asked it there was any discussion on the matter.  Commissioner Garrison stated that in a prior Executive Committee meeting, when ANC  representation on the Eastern Market Community Advisory Committee was discussed, one of the main concerns was whether such participation would imply that the no longer have a right to review major development and other matters proposed by the EMCAC.  Therefore, Commissioner Garrison feels that the Commission should request that the Commission’s representatives, at an appropriate time, make it clear that ANC participation does not foreclose the ANC from performing its normal review of all issues that would regularly come before the Commission.

 

The Chair asked Commissioner Wright to disclose her agreement with one of the vendors at Eastern Market.  Commissioner Wright stated that she works for one of the vendors at Eastern Market.  In the past, EMCAC viewed such situations as a conflict of interest thus Commission Wright along with several others in similar situations had been kept off of EMCAC.  EMCAC has now changed its mind and no longer views such employment as a conflict of interest.

 

Commissioner Jarboe stated that as the Commission sets this Committee up, since he is the EMCAC representative (voting member), the issue of Commissioner Wright having a conflict of interest is a moot point.  Commissioner Wright is not the voting representative but can function as a substitute in his absence.

 

Commissioner Garrison made the point that if a matter came before the EMCAC Committee involving the vendor who employs Commission Wright, she would have to recuse herself from being involved in that discussion.

 

The Chair then stated that the motion was for the establishment of the Eastern Market Committee and the representation at EMCAC.  The Chair then asked all in favor of the motion to raise their hands.  The vote was 9-0-1.

 

The Chair stated that, in the future, item seven entitled “Committee Reports and Announcements”, normally on the agenda, will be replaced by the Eastern Market Committee Report.

 

Committee reports and announcements

 

None

 

Approval of Minutes

 

The Chair stated that the March and April minutes were up for approval.  Commissioner Garrison stated that the March minutes had been reviewed and verified, but the April minutes needed further review. 

 

Commissioner Garrison made the motion the minutes of the March Commission meeting be approved.  Commissioner Ostergaard seconded the motion.

 

The Chair asked all in favor of the motion to raise their hands.  The vote was unanimous (10-0).

 

Adjournment

 

There was not further business and Commissioner Hill made the motion that the meeting be adjourned until its next meeting date of June 12, 2007.  The motion was seconded, and the vote was 10 to 0.

 

Meeting Adjourned.

 

Prepared by Bert Randolph

 

Attested: