Minutes of Regular Meeting

Tuesday, May 12, 2009; 7:00 p.m.

 

 

ATTENDANCE

 

Commissioners Present: Francis Campbell[1], Dave Garrison (chairing), Ken Jarboe, Will Hill, Kirsten Oldenburg, Carol Green, Neil Glick[2], Julie Olson, Michael Patterson, and Mary Wright.

 

Commissioners Absent: None

 

Also in attendance: ANC6B Executive Director, Bert Randolph.

 

1.  Adoption of Agenda

 

Following the introduction of Commissioners, the agenda was adopted by a voice vote.  A copy of the amended agenda is attached.

 

2.  Community Speakout

           

None were offered.

 

3.  Community and Commission Announcements

 

Jan Morgan announced that the DC Metro Walk 2009 will be held on June 27, 2009, at the Tidal Basin.  The event will include a 5K walk and is sponsored by the American Lung Association.  Proceeds will help fight lung disease.

 

Commissioner Hill announced that the DC Department of Parks and Recreation will hold a Watkins Master Plan Kick-Off Meeting on Wednesday, May 13, 2009, at Watkins Elementary School, 420 12th Street SE.  The Master Plan will cover the Watkins Park (i.e., the recreation area of the school).

 

Commissioner Hill announced that Peterbug Day will be held on Saturday, May 16, 2009, at 13th and E Streets SE.  The event will include a parade and various activities for kids and adults.

 

Commissioner Jarboe announced that volunteers are being sought to help out with the weekend event planned for the reopening of the Eastern Market building this summer.  Potential volunteers should contact Jennifer Eubank at Jennifer.Eubank@dc.gov for more information. 

 

4.  Presentations

 

No representative from STRIVE DC, INC. was in attendance to provide the scheduled presentation. 

 

5.  Planning & Zoning Committee

 

PS #45977, Wisdom, 1432 Pennsylvania Ave SE—Unenclosed sidewalk café

Pending Commissioner Campbell’s arrival at the meeting, Commissioner Oldenburg reported that the Committee recommended the Commission support Wisdom’s application for a sidewalk café.  The owner, Erik Holzherr, had a scheduling conflict so was not present.  The Commission voted 9-0 to support the application.

 

Screaming Eagles 5K: Running for Kicks—Rebecca Johnson, Race Chair

Commissioner Oldenburg reported that the Committee recommended the Commission approve this project, which will not cause any closed streets within ANC 6B boundaries during the event because the race course is primarily on the premises of RFK Stadium.  Commissioners thanked the organizers for not causing problems on neighborhood streets. The Commission voted 10-0 to support the project.[3]

 

HPA #09-185, 307 9th Street SE—Remove existing one-story in the rear and replace with 2-story rear addition. 

Commissioner Campbell reported that the Committee was unable to make a recommendation because sufficient documentation had not been presented.  Kim Jones, the project architect, was present and provided the Commission with letters of support from neighbors at 305 and 313 9th Street SE, a photo map of the Square, and various photos of rear views.  Jones also informed the Commission that the addition would result in a lot occupancy of 60 percent.  The owner, Cathy Plume, was also present.  Commissioner Jarboe, stating that there would be limited view of the addition from the alley, moved (with a second by Commissioner Olson) that the Commission support the application.  The Commission voted 10-0 in favor of the motion.

 

HPA #09-231, 511 3rd Street SE—Two-story addition

Commissioner Campbell reported that, pending no new information, the Committee recommended approval of the application.  Ellen Shaw, one of the owners, was present and said there was no new information.  The Commission voted 9-0 in favor of the recommendation.[4]

 

ZC #08-06-9, Comprehensive Zoning Regulations Rewrite: Sustainability

Commissioner Campbell reported that the Committee recommended that the Commission support most of the zoning rewrite recommendations.  However, the Committee has some concerns with three of the proposals: #2 (Accessory Dwelling Units), #3 (Transit Oriented Development), and #6 (Sustainable Energy Features), details of which appear in the attached Committee report. 

 

Commissioner Olson moved (with second by Commissioner Jarboe) to amend the report to add language to Recommendation #13 (Existing Tree Cover Protection) as follows: “A tree protection management plan be required for all new construction” and to Recommendation #17 (Pavement Runoff Reduction) as follows: “At a minimum use Low Impact Development numbers for a 1 or 2 year storm in obtaining as close to zero runoff as possible.”  The amendment was approved by a vote of 10-0.  A subsequent vote by the Commission on approving the amended Committee report was 10-0.

 

The Commission voted 10-0 to appoint Commissioner Olson to represent the Commission at the Zoning Commission hearing on May 21, 2009

 

ANC 6B Comments on the Boathouse Row Planning Study

Commissioner Campbell reported that the Committee recommended the Commission submit a letter with comments as stated in the report to the appropriate DC officials.  Commissioner Olson moved (with a second by Commissioner Oldenburg) that the Commission amend the comments to add language that future plans for the area protect existing native vegetation and removed non-native, invasive plants.  Commissioner Garrison proposed that, in the interest of saving time, the Commission vote on the motion with the proviso that Commission Olson would craft the actual language of the added comments.  The Commission voted 10-0 in favor of the motion and voted 10-0 in favor of the Committee’s amended recommendation.

 

6.  ABC Committee

 

The Chair grouped the following five (5) license renewal requests for a single vote as Commissioner Wright reported that, as there have been no objections or concerns raised by the community, the Committee recommended support for these establishments’ applications, conditioned on a signed voluntary agreement (VA):

           

World Liquors, Lic. # ABRA-000076, 1453 Pennsylvania Avenue SE

            JJ Mutt Wine & Spirits, Lic. # ABRA-025523, 643 Pennsylvania Avenue SE

            Congressional Liquors, Lic. # ABRA-071157, 404 1st Street SE

            Hayden’s, Inc., Lic. # ABRA-000437, 700 North Carolina Avenue SE

            Capitol Hill Wine & Spirits, Lic. # ABRA-081749, 323 Pennsylvania Ave SE

 

Only a representative from JJ Mutt Wine & Spirits was present; however, Commissioner Wright announced that each of the establishments had signed a new VA.  The Commission voted 10-0 to support these 5 license renewals.

 

S & J Liquors, Lic. # ABRA-009122, 1500 Massachusetts Avenue SE

Commissioner Wright reported that there have been no objections or concerns raised by the community to this renewal but a new VA has not yet been signed.  No representative of S&J Liquors was present at the meeting.  Commissioner Glick moved (with a second by Commissioner Jarboe) that the Commission support the renewal, contingent upon the owner signing a new VA.  The Commission voted 10-0 to support the motion, which amended the Committee report, and voted 10-0 to support the amended report.

 

Safeway, Lic. # ABRA-002195, 415 14th Street SE

Mr. Craig Muckle, Public Affairs and Government Relations Representative, and Ms. Danielle Mulcare, Store Manager, were present to represent Safeway and expressed some concerns about signing a new VA without a review by corporate headquarters.  Commissioner Jarboe moved (with a second by Commissioner Campbell) that the Commission support the renewal, contingent upon the firm signing a new VA.  The Commission voted 9-0 to support the motion, which amended the Committee report, and voted 9-0 to support the amended report.[5]

 

Chat’s Liquor, Lic. # ABRA-000200, 503 8th Street SE

The owner of Chat’s, Bernie Williams, was present.  Commissioner Wright reported that since the applicant is under investigation by the ABC Board for a single sales violation, the store will not be eligible for a single sales exemption for a 12-month period, if proven guilty.  However, the Committee recommended that the Commission support the renewal application.  Commissioner Green moved (with a second by Commissioner Glick) that the Commission instead not oppose the renewal.  The motion carried with a vote of 7-2-1.

 

Gandel’s, Lic. # ABRA-071312, 211 Pennsylvania Avenue SE

As the owner had not been present at the ABC Committee meeting to address a recent violation, Commissioner Wright reported that the Committee had taken no action.  The owner, Ms Rajvinder Bhuller, was present and stated her position on the ABC Board matter.  Commissioner Glick moved (with a second by Commissioner Patterson) that the Commission not oppose the renewal.  The motion carried with a vote of 10-0.

 

Albert’s Liquors, Lic. # ABRA-077335, 328 Kentucky Avenue SE

Commissioner Wright reported the Committee recommended that the Commission oppose the license renewal based on various VA violations and community complaints on file, pending additional information from an upcoming ABC Board show cause hearing.  The Chair noted that opposing the renewal is tantamount to protesting the renewal, which may require the ANC to hire a lawyer to represent it before the Board. 

 

Mr. George Ventura, the applicant, said that he had now read his voluntary agreement and was willing to sign an updated one.  Daniel and Rachel Blair, residents, presented a petition with 21 signatures opposed to the renewal and said they were prepared to formally protest it.  Darrell Colbert, a resident, spoke in support of the renewal noting many improvements that have occurred with the present ownership. 

 

The Commission voted 9-0-1 to support the Committee’s report.

 

The Capitol Lounge, Lic. # ABRA-34251, 229-231 Pennsylvania Avenue SE

Commissioner Wright reported that, with no objections or concerns having been heard from the community, the Committee recommended the Commission support the substantial change of the applicant’s license to increase seating capacity to 149 patrons.  The applicant was present and had signed a new VA.  The Commission voted 10-0 to support the change in the license.

 

Annie & Teddy’s Po Boys, Lic. #ABRA-081522, 1400 Pennsylvania Avenue SE

Commissioner Wright reported that the owner, Joe Englert is seeking a new CR license with an entertainment endorsement for a new restaurant at this location and that the Committee recommended support of the application contingent upon signing of a VA.  Mr. Englert was present and said that he had signed the VA. 

 

Commissioner Olson stated an objection with the VA in that live entertainment would be permitted 7 days a week, which led to some discussion among Commissioners.  Commissioner Jarboe (with a second by Commissioner Campbell) moved to amend the Committee report by changing the hours of live entertainment to 4 days a week, as follows: Thursday through Saturday from 7pm to 12 midnight; Sunday from 7pm to 10pm; and during Brunch on Saturday and Sunday.  The Commission voted 8-1-1 to accept the amendment and voted 8-1-1 to support the Committee’s amended report.

 

8th Street Bar & Grill, Lic. # ABRA-079198, 727 8th Street SE

At its meeting of November 11, 2008, ANC 6B voted to protest the application for a CT license with an entertainment endorsement for this new establishment.  Commissioner Wright reported that the Committee recommended the Commission now support the license application because the applicant had made reasonable concessions over the course of the protest negotiations and will sign a voluntary agreement with restrictions that address ANC and community concerns.  Commissioner Wright further stated that the majority of the protesting neighbors had informed her that they will drop their protest in favor of the ANC’s voluntary agreement. 

 

Much discussion ensued.  Dick Wolf, representing himself, spoke of the negative impact that this operation would have on those living in the Ellen Wilson town houses.  Chuck Berger, realtor, expressed serious concerns that, with the number of licensed establishments already on 8th Street SE, granting this one would create the “tipping point” whereby it would be too late to stop the trend underway.  Barbara Charles, one of the protesting neighbors, said she was still opposed to the granting of this license and asked the Commission not to support it. 

 

After a lengthy discussion among the Commissioners, Commissioner Olson moved to amend the Committee’s report to strip the entertainment endorsement from the license and eliminate the sidewalk café.  There was no second, however, so the motion failed.

 

Commissioner Garrison said that Commission was also concerned about the drift toward all licensed establishments along Barracks Row.  However, he did not feel that it was appropriate for the Commission to draw the line at this application as it had not yet formulated a policy on the matter.  Ultimately, the Commission voted 6-3-1 to support the application.

 

7.  Eastern Market

 

Commissioner Jarboe read the Eastern Market Report, a copy of which is attached.  He also stated that Mayor Fenty will be announcing the date of the opening of the renovated Eastern Market North and South Halls on Thursday, May 14, at 430pm at the Market.

 

8.  Updating ANC 6B By-Laws

 

Commissioner Garrison introduced proposed changes to ANC 6B’s By-Laws, which have been discussed at various Executive Committee meetings in 2008 and 2009, have been circulated among Commissioners, and resulted in a draft document dated April 28, 2009.  He suggested a procedure, previously announced via email to all Commissioners, that with the exception of four proposed changes (as noted below) the Commission vote in block on the remainder of the proposed changes to the By-Laws.  There being no objection expressed by the Commission, the procedure was adopted.  Commission Garrison then asked if any Commissioners had proposed changes they wished to add to the list of four.  None were forthcoming.

 

Commissioner Patterson moved (with a second by Commissioner Green) that the Commission adopt the shorter of the two proposed changes to Article I, Section 2.  With no discussion, the Commission voted 10-0 in favor of the motion. 

 

Commissioner Glick moved (with a second by Commissioner Campbell) that the Commission adopt the shorter of the two proposed changes to Article VII, Section 5, and the Commission voted 10-0 in favor of the motion. 

 

Commissioner Garrison explained the proposed change to Article VII, Section 9, regarding absentee voting by Commissioners.  Gottlieb Simon, Director of the Office of the ANCs, cautioned the Commission that proxy voting is not allowed by law.  After some discussion, Commissioner Garrison (with a second by Commissioner Green) moved that the proposed change to delete language that permits absentee voting be adopted by the Commission.  The Commission voted in opposition, 1-9. 

 

Commissioner Glick moved (with a second by Commissioner Jarboe) that Article X, Section 9, be changed to state that Committee reports be available to all Commissioners at the start of a meeting.  The Commission voted in favor of the change, 10-0.

 

9.  Consideration of Amending Commission Meeting Schedule for 2009

 

Commissioner Garrison informed the Commission that the Executive Committee has proposed that the Commission change its 2009 meeting schedule to add meeting dates for July 2009.  This will avoid the usual procedure of having a Call Meeting in July, with all its restrictions.  Commission Green moved that the Commission adopt the proposal with a second by Commissioner Hill.  The Commission voted 9-0[6] in favor of scheduling July dates as follows:  Executive Committee meeting, June 30; Planning & Zoning Committee, July 7; ABC Committee, July 9; and Regular monthly meeting, July 14.

 

10.  Approval of Commission Minutes

 

The Commission’s May 2009 minutes were not available for adoption.

 

11.  Adjournment

 

The meeting was adjourned at 10:55 pm.

 

Prepared by Kirsten Oldenburg            Attest:                                      _____________ .

 

 

 

Attachments:

Agenda, as adopted

Planning & Zoning Committee Report

ABC Committee Report

Eastern Market Report

Revised 2009 Meeting Schedule


Meeting Agenda

921 Pennsylvania Avenue SE

May 12, 2009 – 7:00 PM

 

 Agenda

 

1.      Adoption of Agenda

2.      Community Speakout

3.      Community and Commission Announcements

4.      Presentation

·        STRIVE DC, INC Job Placement Program – Veronica Black

5.      Planning and Zoning Committee

(These items will also be considered by the P & Z Committee on May 5, 2009)

·        PS # 45977, 1432 Pennsylvania Avenue, SE – Unenclosed sidewalk café, Wisdom

·        Screaming Eagles 5K: Running for Kicks – Rebecca Johnson, Race Chair

·        HPA # 09-185, 307 9th Street, SE – Remove existing one-story in the rear and replace with 2-story rear addition

·        HPA #09-231, 511 3rd Street, SE – Two-story rear addition

·        ZC # 08-06-9, CZR Rewrite: Sustainability

·        Boathouse Row Planning Study Review

6.      ABC Committee

(These items will also be considered by the ABC Committee on May 7, 2009)

Renewals

·        World Liquors, Lic. # ABRA-000076, 1453 Pennsylvania Avenue, SE

·        JJ Mutt Wine & Spirits, Lic. # ABRA-025523, 643 Pennsylvania Avenue, SE

·        Gandel’s, Lic. # ABRA-071312, 211 Pennsylvania Avenue, SE

·        Congressional Liquors, Lic. # ABRA-071157, 404 1st Street, SE

·        S & J Liquors, Lic. # ABRA-009122, 1500 Massachusetts Avenue, SE

·        Safeway, Lic. # ABRA-002195, 415 14th Street, SE

·        Chat’s Liquor, Lic. # ABRA-000200, 503 8th Street, SE

·        Hayden’s, Inc., Lic. # ABRA-000437, 700 North Carolina Avenue, SE

·        Capitol Hill Wine & Spirits, Lic. # ABRA-081749, 323 Pennsylvania Avenue, SE

·        Albert’s Liquors, Lic. # ABRA-077335, 328 Kentucky Avenue, SE

New License

·        Annie & Teddy’s Po Boys, Lic. # ABRA-081522, 1400 Pennsylvania Avenue, SE, –  New Orleans & Louisiana style restaurant serving lunch and dinner during the weekdays and brunch on Saturday and Sunday.  Live variations of music, Cajun, New Orleans style duos, and Trio Quartets.  Occupancy 79.  Sidewalk café with 24 seats.

·        8th Street Bar & Grill, Lic. # ABRA-079198, 727 8th Street, SE, –  License covers first and second floors, and sidewalk café.  Initially will operate as Tavern with Afghan food on 2nd floor only with a sidewalk cafe, live entertainment with not more than 5 piece band 4 nights a week (Wednesday through Saturday) music will end at 12:30 on Wednesday and Thursday and end at 1:30 a.m. Friday and Saturday.  No dancing.  Occupancy maximum of 52 restaurant seating.  Hours Sunday-Thursday 11 a.m. to 2 a.m., Friday & Saturday 11 a.m. – 3 a.m.

     Substantial Change

·        The Capitol Lounge, Lic. # ABRA-34251, 229-231 Pennsylvania Avenue, SE (Stipulated License) Increase seating capacity inside from 85 to 147

7.      Eastern Market Report

8.      Updating ANC 6B By-Laws

9.      Consideration of Amending Commission Meeting Schedule for 2009

10.  Approval of Commission Minutes

11.  Adjournment

 

 

 

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: office@anc6b.org, website: www.ancb6.org.

Next Meeting:  June 9, 2009


Report of the Planning and Zoning Committee

 

May 5, 2009

7:00 pm

 

Commissioner’s present, Francis Campbell, Chair, Kirsten Oldenburg, Carol Green, Bert Randolph, Executive Assistant; Late arrivals: Kenan Jarboe, David Garrison

 

PS # 45977, 1432 Pennsylvania Avenue, SE – Unenclosed sidewalk café, Wisdom

 

Erik Holzherr, the owner, of Wisdom presented his plans for a sidewalk café in front of his place of business. The area would be right in front of the establishment. It would consist of 5 tables and 11 chairs. The area would have no permanent structures and would have a secondary point of exit. This exit point is in front of the business next door, a fast food restaurant and the applicant says he can obtain a letter of support from the owner of the neighboring business for this sidewalk café addition. The addition will be marked so as be clear that a 10ft of pedestrian right of way will be maintained.

 

The only issue of concern is the manhole cover in front of the establishment that is missing a “plug” that could present a possible tripping hazard. Establishing the responsible party to replace the plug, whether it be PEPCO, WASA or some government entity, is of paramount import in addressing this problem. There are no other issues of concern to the Committee at this time and it therefore recommends this project for approval to the full ANC.

 

Screaming Eagles 5K: Running for Kicks – Rebecca Johnson Race, Race Chair

 

Ms. Johnson appeared before the Committee to discuss a 5K race on Saturday September 12, 2009. The applicant submitted a mission statement outlining the objectives, highlights, and purpose of the event. Also submitted were a race diagram, timetable/timeline and route map. The applicant submissions show a well thought out race course which will not require rolling road closures and or traffic disruptions such as have occurred with similar events that have been scheduled in Ward 6 in the past. The Committee thanks the applicant for her sensitivity to this issue and recommends this project for approval to the full ANC.

 

HPA # 09-185, 307 9Th Street SE – Remove existing one-story in the rear and replace with 2-story rear addition.

 

Kim Jones, presented for the owners.  The applicant wishes to remove a one-story rear addition and build a two-story rear addition that will contain a kitchen on the first floor and a new bedroom on the second. Applicant submitted plans showing the demolition and construction of the addition.  However there was no “site plan or survey”, notation of lot occupancy, no letters of support from affect or adjacent neighbors, or sufficient information for the Committee to make an informed decision. Until the applicant can provide additional information as mentioned, the Committee cannot make a recommendation to the full ANC at this time.

 

HPA #09-231, 511 3RD Street, SE – Two – story rear addition

 

Jennifer Fowler, architect, presented for owners Ellen Shaw and Pranav Badhwar. Plans submitted show a site plan with existing lot occupancy of 48.7% that would increase to 60%.  The submission included information on existing conditions, photos of alley, front, North and South views, demolition plans of the existing structure basement, first and second floors, construction plans for the new additions to the basement, first and second floors, elevation plans of the rear addition when completed and letters of support from affected neighbors. There appear to be no issues of concern from any neighbors or commissioners at this time. Pending any additional or new information the Committee recommends this project for approval to the full ANC.

 

ZC #08-06-9 (Comprehensive Zoning Regulations Rewrite: Sustainability)

 

As part of the comprehensive rewrite, the Office of Planning has put forward a number of recommendations for modifications to the regulations to promote environmental sustainability.  A summary of the recommendations is as follows:

  1. Transportation Demand Management: Incentivize or require basic Transportation Demand Management (TDM) features in large new buildings to address trip generation and encourage alternate transportation.
  2. Accessory Dwelling Units (ADUs): Allow both internal and external (free-standing) ADUs as a matter-of-right in single family zones subject to conditions including owner occupation
  3. Transit Oriented Development (TOD): Create new stand-alone zone districts to encourage transit oriented development and map within those districts all properties located within a 1/2 mile radius of a Metro stations or within a linear 1/4 mile on either side of a streetcar line or a high-service bus corridor, except those properties now zoned in R-1 through R-5-B zone districts.
  4. Increased Energy Efficiency: Consider requiring 2030 Architecture Challenge standards to be met for projects requesting density or height above matter-of-right limits.
  5. Outdoor Lighting: To reduce energy consumption, adopt the standards of a Model Lighting Ordinance such as those suggested by the New England Light Pollution Advisory Group (NELPAG) or the International Dark-Sky Association (IDA).
  6. Sustainable Energy Features: Allow energy related sustainability features (such as light shelves and photovoltaic panels) to project into setbacks and yards or exceed standard roof coverage limitations in all districts with a minimum vertical clearance above the ground.
  7. Renewable Energy Generation: Permit wind and solar generation accessory to all development in all zones and as a primary use in industrial, high density, and parks areas (with limitations to protect historic districts or national monuments from visual and other impacts).
  8. Solar Access Protection: Limit discretionary development that would block existing roof-mounted solar power generation.
  9. District Energy Systems: Expressly permit district energy systems in all districts.
  10. Water Conservation Features: Allow water-related sustainability features (such as rain barrels and rain gardens) to project into setbacks in all districts subject to size limits.
  11. Environmentally Sensitive Area Buffers: Establish environmental protection zones to create buffer requirements for steep slopes, streams, and wetlands.
  12. Floodplain Protection: Establish flood plain zones to limit vulnerable populations within floodplains and protect the water system from potentially contaminating uses.
  13. Existing Tree Cover Protection: Currently, the city has overlay protection for certain areas of the city to protect existing trees. OP recommends making tree protection limits applicable to all residential zones. Also a Tree Protection Management Plan be required for all new construction.
  14. Vegetated (“Green”) Roofs: Exempt vegetated roof components from zoning height restrictions. Usually, vegetated roofs could be accomplished within the four feet allowed above the zoning height limit for parapets and could simply be included in the exemption allowed for parapets.
  15. Water Conserving Landscaping: Specify native and low-water demand plant species in the zoning code.
  16. Pavement Runoff and Soil Erosion Control: Standards for parking lots would include regulations for design and distribution of required landscaping.
  17. Pavement Runoff Reduction: In coordination with DDOE and stormwater fees, reduce of runoff from paved areas by encouraging pervious pavement.  At a minimum use Low Impact Development numbers for a 1 or 2 year storm in obtaining as close to zero runoff as possible.
  18. Green Area Ratio: Create a Green Area Ratio (GAR) is a point system intended to implement recommendations 13 through 17 and 19.
  19. Local Food Production: Explicitly allow community gardens, private gardens, roof-top gardens, and composting in all zones.
  20. Individual Food Sales: Allow produce sales stands in residential and mixed use districts as a temporary use.
  21. Farmer’s Markets: Define farmer’s markets and explicitly allow in appropriate districts.
  22. Incubator Space for Sustainable Businesses: Enable incubator-sized light industrial uses in compatible commercial and mixed-use zones.
  23. LEED-ND for Large Areas: Require new development of large tracts of undeveloped land to meet environmental standards compatible with the LEED-ND program.

 

The Committee recommends that the Commission support most of these recommendations.  However, the Committee has some concerns with five of the proposals.

 

Recommendation #2. Accessory Dwelling Units (ADUs).

The Committee notes that the issue of allowing accessory dwelling units as a matter-of-right has come before the ANC before in the context of ZC #08-06-9 - Comprehensive Zoning Regulations Rewrite: Low & Moderate Density Residential.  At that time we noted our opposition to allowing carriage houses to be converted to dwellings as a matter of right.  With the exception of some specific spots, we do not support increased density on Capitol Hill.  Rather, we would remind the Zoning Commission that Section 1607.2 of the Comprehensive Plan finds that “the Hill is already one of the densest communities in the District of Columbia”.  The application of this proposal to allow ADUs as a matter of right to Capital Hill would violate the Comprehensive Plan.  We therefore recommend that the ANC oppose this recommendation.

 

Recommendation #3. Transit Oriented Development (TOD).

The Committee understands and supports the need for transit oriented development in appropriate locations.  In this regard, the Committee appreciated the efforts incorporated in the recommendations to ensure that the character of single family and rowhouse residential areas are protected from inappropriate application of TOD principles.  For example the Committee supports the exclusion of single family and rowhouse residential areas from the proposed TOD areas (“walksheds”) and the requirement for step-downs to surrounding neighborhoods.  The Committee, however, remains concerned that this recommendation could be used as a backdoor mechanism for significantly up-zoning certain areas, such as around the Potomac Ave Metro or the Hine site.  The Committee would note that the recommendation specifically calls for any TOD walksheds to respect the Comprehensive Plan and any Small Area Plans.  The areas around both the Hine site and the Potomac Ave Metro are designated moderate density commercial in the Comprehensive Plan.  In addition, the Hine site is in the historic district and the area around the Potomac Ave Metro has been subject to a number of planning exercises, most recently the Pennsylvania Avenue SE Corridor Land Development Plan.  The Committee therefore recommends that the ANC request that these two sites not be included in any TOD areas that would be in conflict with the existing planning documents covering these sites.

 

Recommendation #6. Sustainable Energy Features.

The Committee supports the general concept of allowing energy related sustainability features.  However, the Committee recommends that the ANC request the same conditions be applied to these features as to those in recommendation #7 Renewable Energy Generation – specifically, that when such sustainable energy features are allowed to override certain zoning requirements (such as setbacks), consideration be give to limiting visual, noise, and safety impacts, as well as to ensure compatibility with existing neighborhood character.

 

Recommendation #13. Existing Tree Protection

 

The Commission supports OP’s recommends making tree protection limits applicable to all residential zones.  The Commission recommends that a Tree Protection Management Plan be required for all new construction.

 

Recommendation #17.  Pavement Runoff Reduction

 

The Commission supports this regulation and recommends that at a minimum use Low Impact Development numbers for a 1 or 2 year storm in obtaining as close to zero (0) runoff as possible on-site.

 

ANC6B Comments on Boathouse Row Planning Study

 

The Deputy Mayor for Planning and Economic Development and the Office of Planning released a draft planning study dated March 12, 2009 on the Boathouse Row area along the west bank of the Anacostia River.  The Committee recommends that the Commission submit the following comments:

 

“The Commission wishes to commend DC’s Office of the Deputy Mayor for Planning and Economic Development and Office of Planning for conducting the Boathouse Row Planning Study in such a manner that the ideas and concerns of the Advisory Committee and the public were fully considered. 

 

The draft study that evolved from the process is very thorough.  However, ANC6B is concerned with the provisional status of the project.  There remains uncertainty about how the Study results will be used, especially given the fact that various projects in and around the area must be completed before any Boathouse Row changes could occur (Executive Summary, page 7, section 3).  This leads the Commission to conclude that the future zoning of the Boathouse Row area will be the most critical element in balancing the desire to preserve the natural elements of the area with enhancing boating and rowing uses and improving non-boaters access to the Anacostia River. 

 

The Study states that the Boathouse Row area is not yet zoned but is designated in the DC Comprehensive Plan’s Future Land Use map as “Parks, Recreation and Open Space” (Executive Summary, page 8, section 5).  ANC6B understands that the DC Office of Zoning will propose adoption of a waterfront designation, such as W-0 or W-1, for the Boathouse Row area.  At this time, the current Waterfront regulations are undergoing zoning rewrite, as are those for Parks and Open Space.  This adds to the uncertainty of the future of Boathouse Row.  The current W-1 district, for instance, allows for maximum heights and FAR and many uses as a matter of right that the Commission finds unacceptable for Boathouse Row. 

 

Given the concerns and uncertainties expressed above, the Commission does not find it useful to decide between Concept 1 and Concept 2 presented in the Study but looks forward to working with DC officials on a final concept, as referenced in the Study (Executive Summary, page 10, section 9), once the zoning is established and while the short-term enabling projects are underway.

 

The Commission is also extremely concerned about the ecology of Boathouse Row and the nearby Anacostia Riverwalk Trail. Of specific concern is the use of the words "re-landscaping" or "landscaping" to be done at the site, as opposed to demonstrating commitment to the ecological restoration and installation of native plants that are unique to the Anacostia River region and the coastal plain. Native plantings sustain and promote natural habitats for the existing wildlife and birds (notable, hawks and eagles) that inhabit the area. 

 

The Commission suggests that a plan be created for ecological restoration and removal of invasive plants species. The most invasive plants are English ivy, autumn clematis, and purple loosestrife, which is banned in many states because they chokes waterways. All of these have been observed in abundance by a commissioner who is also a landscape professional. We suggest that a professional horticulturalist that specializes in ecological restoration be retained for these purposes.

 

The Commission does not foresee the day when the CSX tracks are removed and the city street grid can be extended directly into Boathouse Row (Executive Summary, page 13, section 8).  In fact, making it possible to drive along multiple routes into Boathouse Row seems to invalidate the idea of preserving the current “oasis” nature of the area.  Instead, the Study should stick with its recommendation of designating parking areas adjacent to Boathouse Row and consider the use of shuttle buses as a way of getting spectators further into the area for any special events.  Boathouse Row is a good candidate area where DC could promote walking and biking.”


ABC COMMITTEE

Report and Recommendations

May 7, 2009

 

Commissioners Present: Mary Wright (Chair), Carol Green, Kirsten Oldenburg, Will Hill, Neil Glick, and David Garrison; Bert Randolph, staff.

 

Renewals

 

World Liquors, Lic. # ABRA-000076, 1453 Pennsylvania Avenue, SE

 

JJ Mutt Wine & Spirits, Lic. # ABRA-025523, 643 Pennsylvania Avenue, SE

 

Congressional Liquors, Lic. # ABRA-071157, 404 1st Street, SE

 

S & J Liquors, Lic. # ABRA-009122, 1500 Massachusetts Avenue, SE

 

Safeway, Lic. # ABRA-002195, 415 14th Street, SE

 

Hayden’s, Inc., Lic. # ABRA-000437, 700 North Carolina Avenue, SE

 

Capitol Hill Wine & Spirits, Lic. # ABRA-081749, 323 Pennsylvania Avenue, SE

 

Upon no objections or concerns from the community and conditioned upon a signed voluntary agreement, the ABC committee recommends support for the above liquor license renewals.

 

Chat’s Liquor, Lic. # ABRA-000200, 503 8th Street, SE

 

Although there was a single sales violation, Applicant will not be eligible for a single sales exemption for a 12-month period.  Upon no objections or concerns from the community over the license renewal itself, the ABC committee recommends support for the renewal.

 

Gandel’s, Lic. # ABRA-071312, 211 Pennsylvania Avenue, SE

 

Pending no owner to address a recent ABC violation, the ABC committee requested the owner to attend the regularly-scheduled monthly ANC 6B meeting to address these concerns and takes no action until this time.

 

Albert’s Liquors, Lic. # ABRA-077335, 328 Kentucky Avenue, SE

 

Applicant has been cited for numerous complaints by the community as well as violations by ABRA.  Applicant is not aware of the voluntary agreement in place since ownership in 1997.  While the committee recognizes that the Applicant states he has taken corrections to address the concerns, Applicant violated the voluntary agreement and complaints continue to incur from the community.  Applicant has an upcoming Show Cause hearing

 

Pending additional information from the Show Cause hearing, the ABC Committee opposes the license renewal based on VA violations and community complaints on file.

     

Substantial Change

 

The Capitol Lounge, Lic. # ABRA-34251, 229-231 Pennsylvania Avenue, SE (Stipulated License)  

   

Licensee is requesting to increase seating capacity to 149 patrons due to a removal of pool tables.

 

Upon no objection or concerns from the community, the ABC-6B committee recommends support of the substantial change.

 

New License

 

Annie & Teddy’s Po Boys, Lic. # ABRA-081522, 1400 Pennsylvania Avenue, SE, – Applicant is seeking a new CR license with an entertainment endorsement for the building located at 1400 Pennsylvania Avenue, SE.  Plans are for a New Orleans & Louisiana style restaurant serving lunch and dinner during the weekdays and brunch on Saturday and Sunday.  There will be live variations of music featuring Cajun, New Orleans style duos, and Trio Quartets.   Hours of operation inside the building will be Sunday –Thursday from 7 a.m.- 2 a.m. and Friday-Saturday 7 a.m. – 3 a.m.  The hours for the sidewalk café will be Sunday – Saturday 7 a.m. – 12 a.m.  The hours for live entertainment will be 4 days a week, as follows: Thursday through Saturday from 7 p.m. – 12 midnight; Sunday from 7 p.m. to 10:00 p.m.; and during Brunch on Saturday and Sunday.  The seating inside would accommodate approximately 79 patrons and the sidewalk café will seat 30 patrons.

 

The ABC committee recommends support of the new license contingent upon a signed voluntary agreement.

 

8th Street Bar & Grill, Lic. # ABRA-079198, 727 8th Street, SE, – Applicant is seeking a new CT license with an entertainment endorsement for the building located at 727 8th Street, SE.  The license covers the first and second floors, and a sidewalk café.  The Establishment will initially operate on the 2nd floor and a sidewalk cafe.  Live entertainment will not be more than a 5 piece band and limited to not more than 4 nights a week.  Music will not be audible on the alleys, adjacent residences, commercial properties, or sidewalk café.  Music will end at 12:30 a.m. on Wednesday and Thursday and end at 1:30 a.m. on Friday and Saturday. There will be no DJ, cover charge, or dancing on premises.  Occupancy will initially accommodate 52 restaurant seating patrons and adhere to the Certificate of Occupancy for any levels of operation. 

   

The ANC initially protested Applicants original plans based on insufficient documentation and proceeded to mediation with the ABRA and five neighboring Protestants. 

 

At the ABC committee meeting, Commissioner Glick moved to oppose the application and it was not seconded.  Commissioner Garrison made a motion to support the recommendation based upon a signed Voluntary Agreement.   Motion carried with four votes.  There was one vote in opposition and one vote in abstention.

 

Given that the Applicant made reasonable concessions to the original design and will sign a voluntary agreement identifying the restrictions and addressing the ANC and community concerns, the ABC committee recommends support of the license.


ANC 6B Eastern Market update – May 12, 2009

Commissioner Kenan Jarboe

 

The following is my report on Eastern Market, based on the EMCAC meeting of April 22, 2009, and subsequent events:

 

Construction is on schedule and planning continues for the re-opening of the South and North Halls later this summer.  The Office of Property Management (OPM) has hired a consulting company “Management Alternatives” to coordinate the move of the merchants from the East Hall to the new South Hall.

 

OPM does not yet have a definite date for the re-opening, but anticipates a Saturday in early July.  The Mayor will be making an announcement this week.

 

Concerning the opening day celebrations, EMCAC has hired a professional event planner to help with event.  The event will essentially be a two-block long “block party” with tours, music and entertainment.  OPM is coordinating with DDOT to ensure that both blocks of 7th Street will be available – it is anticipated that work will have begun on the sidewalk between C Street and Pennsylvania Avenue.

 

There will also be further events in the Fall when the streetscape is completed.  As part of that undertaking, EMCAC is looking at how to tie the re-opening with an overall marketing plan.

 

Because of some recent incidents, EMCAC and OPM will be discussing with MPD additional police presence at the market on weekend.

 

As reported previously, the former Hine playground is being used for parking during the week.  Meter should be installed shortly, as the Memorandum of Understanding to allow for their installation has been signed.  However, DDOT has yet to open up a second entrance to the lot off of 7th Street near the C Street intersection.  An asphalt ramp has been constructed at the existing pedestrian gate, but the gate has not yet been widened to accommodate cars and trucks.  DDOT is in the process of contracting to widen the gate. 

 

A small glitch arose with the completion of the landscaping of the North Plaza, due to a delay in a report from the Urban Forester on the North Carolina Ave tree boxes.  As the Urban forester was at the last ANC meeting, we were able to help facilitate EMCAC and OPM efforts to resolve this issue – although it has not yet been completely resolved.

 

The Merchants Row Association submitted a letter to EMCAC asking that 7th Street be reopening on the weeks once the construction of the Market and the street is complete.  The Chair of EMCAC announced that they expect the city to make a determination as to the opening/closing of the street and that a public process involving EMCAC will be followed.  Since such a request would be a formal closing of a street, the ANC will also be involved in the process independent of EMCAC.  A similar letter from the Merchants Row Association was submitted to the ANC.

 

 


Advisory Neighborhood Commission 6B

Dates of Meetings for 2009

REVISED AS OF MAY 12, 2009

All meetings begin at 7:00 p.m.

 


JANUARY


Executive Committee
      Tuesday, December 30
Planning and Zoning Committee
      Tuesday, January 6
ABC Committee
      Thursday, January 8
ANC Meeting
      Tuesday, January 13

 


MAY


Executive Committee
      Tuesday, April 28
Planning and Zoning Committee
      Tuesday, May 5
ABC Committee
      Thursday, May 7
ANC Meeting
      Tuesday, May 12


SEPTEMBER


Executive Committee
      Tuesday, August 25
Planning and Zoning Committee
      Tuesday, September 1
ABC Committee
      Thursday, September 3
ANC Meeting
      Tuesday, September 8


FEBRUARY


Executive Committee
      Tuesday, January 27
Planning and Zoning Committee
      Tuesday, February 3
ABC Committee
      Thursday, February 5
ANC Meeting
      Tuesday, February 10

 


JUNE


Executive Committee
      Tuesday, May 26
Planning and Zoning Committee
      Tuesday, June 2
ABC Committee
      Thursday, June 4
ANC Meeting
      Tuesday, June 9


OCTOBER


Executive Committee
      Tuesday, September 29
Planning and Zoning Committee
      Tuesday, October 1
ABC Committee
      Thursday, October 6
ANC Meeting
      Tuesday, October 13


MARCH


Executive Committee
      Tuesday, February 24
Planning and Zoning Committee
      Tuesday, March 3
ABC Committee
      Thursday, March 5
ANC Meeting
      Tuesday, March 10


JULY


Executive Committee
      Tuesday, June 30
Planning and Zoning Committee
      Tuesday, July 7
ABC Committee
      Thursday, July 9
ANC Meeting
      Tuesday, July 14


NOVEMBER


Executive Committee
      Tuesday, October 27
Planning and Zoning Committee
      Tuesday, November 3
ABC Committee
      Thursday, November 5
ANC Meeting
      Tuesday, November 10


APRIL


Executive Committee
      Tuesday, March 31
Planning and Zoning Committee
      Tuesday, April 7
ABC Committee
      Thursday, April 9
ANC Meeting
      Tuesday, April 14

 


AUGUST


No Meeting


DECEMBER


Executive Committee
      Tuesday, November 24
Planning and Zoning Committee
      Tuesday, December 1
ABC Committee
      Thursday, December 3
ANC Meeting
      Tuesday, December 8

 

 

 



[1] Commissioner Campbell arrived during the Planning & Zoning Committee portion of the agenda.

[2] Commissioner Glick arrived shortly after the meeting had begun.

[3] Commissioner Campbell joined the meeting during this discussion.

[4] Commissioner Glick was out of the meeting room during the vote.

[5] Commissioner Patterson was out of the room when the votes were taken.

[6] Commission Glick departed the meeting prior to the vote.