ADVISORY
NEIGHBORHOOD COMMISSION 1B
Government
of the
Minutes
Thursday, May 7, 2009.
7:00 PM,
The regular monthly meeting
of ANC1B occurred on Thursday, May 7, 2009, at 7:00 PM in the
Chairperson Nadeau called
the meeting to order at 7:17 PM and asked for introductions.
Officers’ Report
Secretary’s Report
Commissioner E. Gail Anderson
Holness submitted the April 2009 meeting minutes for review and approval. There were no corrections to the
minutes. Commissioner Anderson Holness
moved that ANC 1B approve the minutes for the April 2, 2009 meeting.
Commissioners Thomas and
Moss seconded the motion.
The motion was adopted
unanimously, 7-0.
Treasurer’s Report
Commissioner Lopez noted
that all Commissioners have received the Treasurer’s report for May 2009. The current bank balance is $90,651.75.
Commissioner Lopez moved
that the Commission approve reimbursement to Phil Spalding for web hosting fees
in the amount of $29.97.
Chairperson Nadeau seconded
the motion.
The motion was adopted
unanimously, 7-0.
Commissioner Lopez noted
that he had conferred individually with each Commissioner regarding the data
for the second quarter report to the D.C. Auditor. He moved that
ANC 1B approve the second quarter 2009 report with the proviso that
receipts for one grant have yet to be submitted to him, and that Commissioner Smith
will be submitting those receipts so that the report will be fully compliant.
Commissioner Akinmboni
seconded the motion.
The motion was adopted
unanimously, 7-0.
Commissioner Smith noted
that Mr. Jacob Ortiz has been delayed in submitting the report on the
Events and Announcements
Commission
Commissioner Smith announced
that on May 20th, the G-2 Café and Lounge would be opening. It is located at
Commissioner Muhammad
announced that the South Columbia Heights Neighborhood Association, of which he
is the President, is holding its monthly meeting on May 20th,
beginning at 7:00 PM. Fire/EMS Chief
Dennis Rubin will be the guest speaker.
Commissioner Thomas
announced that the Meridian Hill Neighborhood Association would be staging a
neighborhood cleanup on Saturday, May 16th, beginning at 10 AM. Flyers will be distributed before the end of
next week. She also announced that the
Shaw Collaborative and Councilmember Jim Graham are initiating a summer youth
employment program for the 1400 block of W Street NW. The goal of the program is to employ youth
from the neighborhood in maintenance and cleanup jobs working with the property
managers of the apartment residences on W Street and adjoining streets,
resulting in youth investment in the neighborhood and a reduction in vandalism
and other street crime.
Regarding the Meridian Hill
Cleanup Day, Chairperson Nadeau added that people would be meeting at 10:30 AM
on Saturday May 16th on the 1400 block of
Commissioner Raia announced
that a grant would be submitted next month for Arts Under the Stars 2009. Commissioner Nadeau asked when the
application would be submitted and observed that the Commission should have it
a month in advance of consideration.
Commissioner Raia indicated that Commissioner Smith is handling the
details. Commissioner Smith said that
Sankofa is the group applying for funds for the event and that he has all the
materials. Commissioner Nadeau asked Commissioner
Raia to e-mail the application to everyone tomorrow, May 8th, which
would satisfy the one-month advance notice requirement.
Commissioner Akinmboni
announced that a foreclosure workshop is being held on May 16th. If anyone is facing difficulty with his or
her mortgage or possible foreclosure, this workshop will be very helpful. For more information, people should call
202-442-7200. The workshop is free.
Commissioner Smith reminded
everyone that Howard University’s graduation ceremonies will be held this
coming weekend, May 9-10, and that everyone should be aware that Georgia
Avenue, Sherman Avenue 4th Street, and Barry Place will be very busy
starting this evening through Sunday.
Commissioner Anderson
Holness announced that ANC 1B11 is continuing its empowerment project every
third Saturday at the
Commissioner Moss announced
that the
Community
Mr. Paul Adams representing
the Common Good City Farm, also located at the Gage-Eckington School, announced
that the Farm is providing workshops for the community, including one this
coming Saturday to teach people what to plant, where to plant and when in their
own home gardens. There will be
workshops every month and he referred people to a flyer available on the table
for more information. The Farm also
provides workshops for children who are interested in learning more about
growing plants and vegetables.
Ms. Lan Thomas of
Asian-American Lead, a leadership empowerment and development program for
low-income Asian-American youth and families, announced that they would be
holding a Lotus Festival on Saturday, May 16th from 1-4 PM at
Ms.
Luela Johnson, Community Relations Specialist with Court Services and Offender
Supervision Agency invited everyone to a public safety forum they are
co-sponsoring with the Metropolitan Police Department Third District Citizens
Advisory Council, The featured speaker us
Third District Commander Kucik. Representatives
of the Attorney General’s office will also be participating. Information regarding parole, probation,
youth crime and fire and safety issues will also be presented. The forum will be held Thursday, May 23rd
at the Third District police station.
Mr. Reggie Kelly,
representing himself, asked the Commission to support two legislative proposals
currently before the City Council, the Omnibus Rental Housing Amendment Act and
the Tenant Protection Act. These
proposals will strengthen the position of residents in the city in relation to
landlords and protect those who are temporarily displaced. There will be a hearing on June 4th
at which people can express their support.
He referred Commissioners and the audience to flyers available on the
table for more information about the issue.
Commissioner Muhammad asked him who is sponsoring the hearing. Mr. Kelly said that the City Council is
holding the hearing.
Announcement of Executive Session
Chairperson Nadeau announced
that there would be an executive session of the Commission immediately
following the public meeting to discuss the hiring of a Staff Director
candidate. She observed that it is very
difficult to get everyone together outside of the normal meeting date and asked
that Commissioners stay after the meeting to resolve any questions regarding
this staff appointment.
Public Safety Committee Report
Commissioner Moss reported
that the ANC 1B/PSA 305 Public Safety Committee regular monthly meeting is held
on the first Tuesday of the month.
Although the current location for the meeting is the DC Public Housing
Finance Agency at 9th and U Streets NW, the Committee has voted to
rotate the location of the meeting among the other Single Member Districts of
ANC 1B. The Committee is meeting with
Commander Kucik and other police officials to work out the arrangements for
rotating meeting locations.
At this month’s meeting, Lt.
Holmer of MPD reported that there has been an increase in auto thefts in ANC
1B. With the summer months approaching,
Lt. Holmer emphasized that it is very important for people to be sure they
leave nothing visible inside their cars.
GPS systems are a prime target for auto thieves. Plain-clothes officers and increased foot
patrols are working on these and other crime issues, utilizing ten-hour “power
shifts” that begin at 7:30 PM. MPD is
doing all it can to combat crime, and it is important for citizens to be
proactive, take precautions and be conscious of their surroundings.
Chairperson Nadeau added
that the Public Safety Summit that has been under discussion is still on the
agenda. She has been coordinating with
Commander Kucik, who would prefer to have the different PSA lieutenants meet
with the Commission, but they are rather difficult to schedule. We do not want to take them off the streets
any more than necessary, so we are still working on scheduling issues.
Commissioner Muhammad noted
three other public safety issues since the last Commission meeting:
- On Friday, April 3rd, there was a
water main break on
- On Saturday, April 25th, there was a
shooting at 1418 W Street. A man
was shot in the abdomen.
- This morning, there was a double shooting. A man and a woman were shot in a car in
the 1200 block of
Commissioner Muhammad
reiterated his support for holding consistent public safety meetings and for
the Chairperson’s continuing work, with the Commission’s support, to arrange a
public safety summit meeting. These are
both critical efforts.
Commissioner Moss reported
that the owners of restaurants and liquor stores on
Consent Agenda
The Chairperson noted that
there are no items for the consent agenda.
Presentations
U Street Mural Project
Chairperson Nadeau noted
that this project came before the 2008 Commission in December and was approved
then. This presentation is a report on
the status of the project.
Mr. Joel Bernger reported
that the Afro-Columbian Mural Project is funded by the DC Commission on the Arts
& Humanities. A community of
Afro-Columbians, who have been displaced from their homes and have received
political asylum, now lives in
Mr. Bernger noted that the
Commission expressed concern in December that, because
Commissioner Muhammad asked
where the mural would be located on
New Summer Youth Athletic & Academic Clinic
Chairperson Nadeau observed
that many people were present for the U Street Hotel presentation, which was
next on the agenda, but that one additional very short presentation was being
added before the hotel item. She called
on Commissioner Smith.
Commissioner Smith described
a new summer youth program he is developing in collaboration with Tennis at
Shiloh, the D.C. Grays Negro League baseball team, and teachers from Teach
Commissioner Smith noted
that an information packet outlining the schedule and content of the clinics is
available and that each Commissioner has received one. He
stated that one of the goals of the program is to get youth off the streets
from 8:30 AM to 4:30 PM. During this
time, they have nothing to do, parents are away at work, and the police are
stretched thin with many other demands.
He described the project as a pilot program that has been submitted to
Councilmember Harry Thomas, Chair of the Parks, Recreation and Libraries
Committee. Councilmember Thomas is
inspired by the program and is working on the budget to provide funding so that
the Department of Parks and Recreation can adopt it and continue it on a
permanent basis. There is a $35.00
application fee to make sure that youth who participate take the program
seriously, but otherwise there is no cost to participate. This contrasts very favorably with other
summer programs that charge as much as $250.00 per two-week session or $500.00
per month. One program in
Commission Smith moved that
the Commission express its support of this program.
Commissioner Moss seconded
the motion.
The motion was adopted
unanimously, 9-0.
U Street Café
Commissioner Raia introduced
Jim Sullivan, the owner of the U Street Café, to make a brief
presentation. Mr. Sullivan stated that
he and his co-owner moved into the space previously occupied by Mocha Hut about
four weeks ago. He introduced the
manager and one employee who were also present and observed that they know the
neighborhood very well. This is a casual
café, open from 6:30 AM to 11:00 PM weekdays, opening one or two hours later on
weekends. They have applied for a
stipulated liquor license and propose to serve four types of beer and wine and
a limited number of coffee-based liquor drinks, such as Irish Coffee. The selection will be limited. They will not have a full bar.
Commissioner Raia stated
that the application has not yet appeared in the D.C. Register but is before
ABRA. To avoid a 60-day delay in opening
the business, he would like the Commission formally to support the application
now.
Commissioner Raia moved that
ANC 1B support U Street Café’s application for a stipulated liquor
license. Commissioner Smith seconded
the motion. Chairperson Nadeau expressed
concern that the community may have been misinformed about the consideration of
this issue because it should have been placed under the Liquor Licenses section
of the agenda. However, she also
observed that she would like to support the application. The Mocha Hut had also had a liquor license
and there were no objections from the community. Commissioner Raia observed that U Street Café
would also enter into a voluntary agreement, as had the Mocha Hut. Chairperson Nadeau noted that the Commission
would be reviewing that agreement.
The motion was adopted
unanimously, 9-0.
Issues Not on the Agenda
Mr. Whit Mayes, Director of
the Samuel J. Simmons Senior Residence at
Commissioner Akinmboni moved
that ANC 1B support the application for renovation funds. Commissioner Anderson Holness seconded the
motion. The motion was adopted 8 yes 0
no 1 abstain.
Chairperson Nadeau asked Mr.
Mayes to give all necessary contact information to the Secretary of the
Commission.
Design Review Applications and Design Committee
Report
BZA 17927 &
Commissioner Smith stated
that a Single-Member District meeting was held last Tuesday, April 28th,
instead of a full Design Committee meeting, since that covered the main
issue. He introduced Christian Kelleher,
owner of The Craftsmen Group.
Mr. Kelleher asked the
Commission to support his company’s application for a zoning variance to obtain
a certificate of occupancy for two buildings in the alley at
Commissioner Smith reported
that the main concern of the neighbors was that employees were parking in the
alley and making it difficult for residents to back their cars out of their
properties or turn around. After
extensive discussion at the Tuesday meeting, the neighborhood agreed to support
the application for a variance with the stipulation that the seven employees
working in the two buildings must obtain visitors parking passes from MPD and
park on the street, never in the alley.
Commissioner Smith moved
that ANC 1B support the application for a zoning variance and certificate of
occupancy with the stipulation that all employees of The Craftsmen Group must
obtain visitors parking passes from MPD and park on the street, never in the
alley.
Chairperson Nadeau asked if
there was any community comment or questions before asking for a second to the
motion.
A member of the audience
asked that the company work with
Another member of the
audience asked what millwork means. Mr.
Kelleher said his business restores the worn out wood architectural elements of
old and historic buildings. At least
half their business is the replacement or restoration of old windows. Doors, cabinetry, floors and other elements
are also involved. He said that his
company has done all the window restoration at Eastern Market,
Commissioner Moss asked
about how trash and debris would be disposed of. Mr. Kelleher said all wood debris and other
trash is stored on the property and is hauled away once a week by a private
hauler.
Commissioner Anderson
Holness asked about visitor parking permits.
She asked why parking privileges are being afforded this business that
are not provided to other businesses in the area. Commissioner Smith noted that this is part of
the agreement with the community. No one
wants to move them out of the community, and the District does provide for the
purchase of extended visitor parking permits.
In this way, a legal form of street parking is provided and the District
generates revenue.
Commissioner Anderson
Holness seconded the motion.
The motion was adopted
unanimously, 9-0.
Notice of Committee Meetings
Chairperson Nadeau noted
that Commissioner Moss announces all Public Safety Committee meetings on the
listserve and asked that all Committees begin doing the same.
U Street Hotel
Chairperson Nadeau called on
representatives of JBG to update the commission on the status of their hotel
project on
Commissioner Raia introduced
Matt Valentini, representing JBG, and architect David Schwarz and said they
would describe some changes they have made to the design of the proposed hotel.
Chairperson Nadeau noted
again that the context is the Historic Preservation Review Board hearing. Commissioner Raia noted that the Commission would
have to decide whether to send a letter of support and under what
circumstances.
Mr. Valentini stated that
JBG is seeking a letter of support for the construction of a new hotel at the
corner of U and 13th Streets NW on the site of the existing RiteAid
drug store. JBG holds a ground lease on
the property and is excited about their proposal because they feel that the
community very much needs an anchor for the U Street Corridor. A hotel offers several advantages over other
uses
- A hotel does not require the same level of
public facilities as does retail or other uses;
- A hotel will bring new revenue and new traffic
into the neighborhood. The
Washington DC Hotel Association says that every $100 spent on hotel
lodging brings in an additional $175 spent on other activities, such as
shopping, restaurants or transportation;
- :A hotel will create 150 permanent jobs, plus
additional jobs in the underground parking garage and restaurants and
retail stores which will be housed in the building;
In addition to the hotel,
JBG hopes to introduce other amenities including a spa and a rooftop pool that
will be open to the community as well as hotel guests.
Mr. David Schwarz described
some of the design changes made in response to concerns expressed during their
presentation to the Commission at its March meeting. Using computer-generated images, Mr. Schwarz
illustrated the following changes:
- Reduced the mass of the building by relaxing the
shoulders of the structure;
- Reduced the height of the building by removing
one floor
- Raised the first and second story base on the
front and the third story base on the back of the building
Mr. Schwarz showed
illustrations of other tall buildings in the neighborhood to establish that the
proposed building will fit well into the overall skyline. He stated his belief that the design team has
done its best to be responsive to community concerns and to make changes that
address those concerns. He referred
Commissioners and members of the audience to the architectural model on
display.
Chairperson Nadeau stated
that the Commissioners would ask questions and make comments, followed by
questions and comments from the audience.
The Commissioners would then have another opportunity for follow-up
questions or comments.
Chairperson Nadeau asked
what the height of the revised design would be.
Mr. Valentini said the
height is 87 feet from the curb to the top of the building. There is a setback from the parapet on the
top floor and the additional structure puts the total height at just over 100
feet. The additional structure provides
space for the fitness center and a gathering space.
Commissioner Raia observed
that information on the Cardozo-Shaw Neighborhood Association website indicated
the height would be greater than 100 feet.
Mr. Schwarz said that, at
its highest point, the building is 118 feet 6 inches, which includes the
penthouse and utility space.
Chairperson Nadeau noted
that the building height is a major community concern and will have to
addressed in this discussion. She said
she has talked with the Historic Preservation Review Board and they want to
know two things:
- Does the Commission like the idea of a hotel at
this location?
- What does the Commission think about the height
and mass of the building?
She observed that the
Commission has the obligation to convey the sentiments and concerns of the
community, but also must remember that Commissioners are not experts on
specific issues such as building height and other technical matters. She suggested that the Commission consider
making a recommendation based on how we feel about the project overall, then
enumerate specific concerns from the community, so that a letter can be sent that
HPRB can work with.
She observed that the
project must go through HPRB review and pass review by the Office of Planning
and the Zoning Commission, so ANC 1B will comment on different aspects of the
project as it passes through each of these review stages. In addition, depending on whether and how the
Commission supports the project, it may also go through the Planned Unit
Development (PUD) process, which allows further comment.
Chairperson Nadeau noted
that Mr. Schwarz had optimistically described the design as “final.” She said, however, that there is no way the
final product will come out looking like the design as currently
presented. She observed that the RiteAid
was built after the demolition of several beautiful historic buildings. The community has had many extensive
discussions about how that corner should be used. ANC 1B took a position in 2005 supporting a
medium-use space, more densely concentrated, because of the proximity of the
Metro station. This fact informed her
consideration of the issue. Also, right
now, as a matter of right, a developer can build up to fifty feet on this lot,
which is about the height of the building housing Starbucks directly across the
street. She felt strongly that nothing
great, nothing pretty or tremendous could be developed at a maximum of fifty
feet. On the other hand, it does not
have to be 118 feet either, which is the conversation Commissioners have been
having with their consituents.
Commissioner Raia stated
that he has received many e-mails and letters from constituents. The issue of concern in all of these is not
whether JBG is a good business or a bad business, but the scope and mass of the
project. With regard to this issue,
Commissioner Raia offered the following notes:
- By definition, a small, luxurious “boutique”
hotel offers premium services at a fashionable location. The maximum number of rooms for such a
hotel is 150. However, the proposal
is for 240 rooms. He obtained this
definition though a Google search.
- Regarding the contention that this building is
scaled to fit the corner and the surrounding neighborhood, ANC 1B
supported the construction of the Ellington apartment building to a height
of 65 feet. The developers got a
waiver and constructed to 80 feet.
This raises the question whether the community must take the first
offer that comes along. Must we
accept a hotel at 100+ feet? Could
a hotel at 60 feet work? We do not
know.
- Should the community be asked to absorb this
building height so the developers can make their profit? We are told that this height is necessary
to make the hotel work.
- The Commission must also consider what would
happen to this building and how would or could it be used if the hotel
does not succeed. What are we stuck
with then?
Commissioner Raia said that
all the feedback he has received and conversations he has had with constituents
in his own Single Member District (SMD) and from surrounding SMDs lead him to
feel that there is not much support in the community for the current proposed
structure. He suggested that the
Commission consider supporting the hotel at a height of 65 feet, then let them
appeal for a waiver and see what they can get, instead of supporting a greater
height, then having them build even higher.
Chairperson Nadeau noted
that if the Commission does support the “matter of right” height, it is
eligible to negotiate the PUD.
Commissioner Smith,
responding to the first question posed by the HPRB, said that he does support
the concept of a hotel at the location and in the neighborhood. Regarding HPRB’s second question, he likes
the way the building is designed and the way the mass of the building is
moderated, but the height is the major issue.
He said he has received about 35 communications from constituents, the
great majority of whom say they do not want the building to be any higher than
the Ellington. He said the Design
Committee has looked at the architectural elements, how the building would fit
into the area and the economic impact of additional jobs. All of this is good, but the height is a
problem. He said he understood that
Commissioner Raia is reflecting his constituents’ concerns and so is he.
Commissioner Moss said she
concurred with Commissioner Thomas’s comments.
She strongly supports the idea of a boutique hotel on this site. She asked Mr. Ballentine if the hotel would
work with eight instead of fifteen floors.
Mr. Valentini responded that
JBG has a perfectly good operating asset, the RiteAid Pharmacy along with other
retailers, on the site today. To make
the project work, it must recover:
·
Lost revenue
from the existing retailers
·
Cost of
demolition of existing structure and preparation of the site
·
Lost time during
which no revenue is being received, a period of at least 36 months
·
Significant
construction costs of a new building
Based on this, JBG has
estimated that they must have 230-250 room capacity for the project to be
financially viable. Now that the
revised design has eliminated one floor, the project is down to 239 rooms. If JBG were to go much farther, especially
when financing is so difficult to obtain, the project will not be feasible.
Mr. Schwarz added that he
has worked with a wide range of hotels, from 100 to 500 rooms. The Commission should keep in mind that the
smaller the hotel is, the higher the price per room must be to cover
costs. To keep the hotel affordable and accessible
to the neighborhood, it must maintain a certain capacity. In response to a question as to why a smaller
hotel could not have more rooms of a smaller size, he commented that the site
is very challenging because it is narrow and long. The dimensions do not allow flexibility. The issue of room size and distribution was
carefully studied and the layout as proposed allocates the smallest room size
practicable. Commissioner Moss observed
that there are some Federal guidelines regarding the standard size of a hotel
room. She said that all understand we
are operating in an austere budget environment, but she objects to having the
“little people”, the small retailers on
A representative of JBG said
that they placed an invitation to a meeting to discuss the project under every
apartment door in the Ellington, and that no one who attended the meeting
opposed the building as designed. He
said that they were very concerned to hear from the actual residents of the
building, not the owner who receives the revenue. Since the owner spoke at the last ANC
meeting, JBG thought it was important to speak to the voters who actually live
in the building and find out what they thought.
Everyone they talked with thought the hotel was a great idea.
Commissioner Moss stated
that she believes that JBG and the architect have reached out to the community
and kept in touch with the Commission.
Commissioner Raia said that
JBG has had several meetings and people have attended, but the participants are
all supporters of the project.
Commissioner Thomas stated
her support for the concept of a hotel on the RiteAid site. She has received comments from her
constituents, including e-mails from residents at Union Row. While a few do not want a hotel, it seems the
majority does, and it is her obligation to represent the majority sentiment of
her constituents. The major issue for
them seems to be the height of the building, not the hotel itself.
Commissioner Smith asked for
comments on the height. He observed that
the opposition seemed to say, “Not that high” but he would like to know what
height people think would be appropriate.
Commissioner Anderson
Holness said that the communication from her constituents in SMD 1B11 is in
favor of a hotel on the site, and especially in favor of the beneficial
economic impact of additional jobs. No
one in her constituency seems concerned about the height of the building.
Chairperson Nadeau opened
the floor to comments from the community.
In the interest of time and providing a fair opportunity to participate,
she specified the ground rules for comment:
- Those who have already commented on the project
at past meetings should not comment again so that others may have the
opportunity.
- Those whose primary objection to the project is
the height of the building were asked to register their opposition by
registering their names and addresses on a sheet being circulated through
the audience, rather than making verbal comments.
- Those who wished to make a comment were asked to
form a line to the left of the Chairperson and the Commission table. Comments were limited to 30 seconds per
person.
Commissioner Moss asked that
all participants conduct themselves and make their comments in a civil and
courteous manner.
Mr. Rick Lee, owner of Lee’s
Flowers and Card Shop on the corner of 11th and U, spoke. He observed that they have been in business
since 1945. He likes the idea of the
hotel. However, he is concerned about
the businesses that will be displaced by the development. He has heard that they will not be allowed to
return and that is a problem. Some
concessions should be made to retain those businesses.
Richard Fishman, property
and business owner in the neighborhood,
Jeff Speck, resident at
Scott Pomeroy, resident at
13th and V NW, supports the hotel and has no problem with the
height. He asked the Commission actively
to address the issues raised by Commissioner Moss, working with the City
Council. He said there are things the
Commission and Council can do to make the project work, whatever design
decisions are made by HPRB and others.
These things should be considered along with measures to mitigate the
impact on existing tenants. All of this
can be done as part of the PUD process.
David Schaeffer, owner of
Urban Essentials on
Jean Homza, owner of the 930
Club and representing the City Business Association, expressed very strong
support for the project. She said that
there has been much concern about keeping the U Street Corridor from turning
into another Adams Morgan. This
development will keep that from happening.
This is the one thing that will give businesses the support and daytime
traffic they need to survive.
Mark Vonovich, a nine-year
resident on
Lynn Coffin,
Stuart Bynum,
David Dennis, a storeowner
on
Bob Morris,
Natalie Avery, Director of
the U Street Business Association, wanted to reiterate the point made by member
retailers: it is very important to have
a development that brings additional foot traffic to the U Street
Corridor. She presented a petition
signed by 30 retailers and a letter from Jason Claire and Eric Kole, owners of
Vastu, who strongly support the project.
She said the Association wants to work through the PUD process to
address the concerns raised by Mr. Lee.
At the conclusion of public
comment, Chairperson Nadeau commended the audience for a very civil and
efficient discussion.
Chairperson Nadeau asked the
audience to turn in the sheet registering those who oppose the building
height. She read aloud the names of
those registering their opposition:
R. Kelly,
A. Johnson,
J. Semani,
John Quattlebaum,
Cheryl Walter,
Stuart Bynum,
Mr. Richard Fishman, The
Langston
Mr. Jeffrey Willis,
On request from the
audience, Chairperson Nadeau asked Mr. Schwarz to address the question of how
the change of design of the building might affect its landmark status.
Mr. Schwarz’s comments were
inaudible and could not be registered for the minutes.
Chairperson Nadeau suggested
that a motion to support the project was in order. Commissioner Raia moved that ANC 1B send a
letter in support of JBG’s use of the space to construct a “by right” building
with a 20% increase in height if needed.
Chairperson Nadeau asked what 20% would be. Commissioner Raia said that would permit the
construction of a 60-feet high building.
Commissioner Smith seconded the motion.
Chairperson Nadeau asked if
there was any further discussion and observed that a 60-feet limit was not a
workable height.
Commissioner Raia responded
that the motion is consistent with the Commission’s action regarding the
Ellington construction. JBG can advocate
for a greater height limit with HPRB and others. Chairperson Nadeau said that she did not
believe it was the role of the Commission to set specific height limits.
Commissioner Anderson
Holness called for the question.
Chairperson Nadeau asked if
there was any further comment from Commissioners.
Commissioner Smith said the
motion gives the Commission and community some flexibility to work with the
height. It sets a limit, which helps
protect the community, and enables future discussions and negotiations that
could increase the height or otherwise modify the project in ways that ensure
its viability while still protecting the community. Chairperson Nadeau asked when such a
discussion would take place.
Commissioner Smith said JBG would have to come back to the Commission
and negotiate for a variance to the height limit. Commissioner Raia said that HPRB might grant
them a higher limit, and then they would have to come back to the
Commission. In the past, developers have
gotten extra height from HPRB, not from the Commission.
Commissioner Lopez asked to
clarify the intent of the motion to limit construction height to 65 feet. Commissioner Raia said the height limit for
that lot according to the zoning is 50 feet, but they might be able to start at
65 feet just because of the Arts Overlay, The motion states the height rated for the
lot by zoning with a 20% allowance. HPRB
might allow them to go to 65 feet with the Arts Overlay; at that point, it will
be up to JBG to negotiate for further increases.
Commissioner Anderson
Holness asked why, if this is true, the Commission should bother stipulating a
height. Commissioner Raia said this
insures that the Commission’s voice is heard so that when the project gets to
the PUD process, the Commission has standing to negotiate.
Commissioner Akinmboni asked
about the total height of the proposed building as currently designed. Chairperson Nadeau asked the Secretary,
Commissioner Anderson Holness to read back the minutes regarding building
height. Commissioner Anderson Holness
read, “118.6 with the top for fitness center, etc.” Chairperson Nadeau noted that the parapet
would be 103 feet. Commissioner Anderson
Holness said the correct height in her notes was 100 feet.
A member of the audience
asked to enter into the record the height of the Ellington. Chairperson Nadeau stated that the height of
the Ellington to the parapet is 83 feet.
A member of the audience said the penthouse and mechanical level is
117.5 feet.
Chairperson Nadeau called
for a vote on Commissioner Raia’s motion.
The motion was adopted 5-4.
Yes
Akinmboni
Moss
Muhammad
Raia
Smith
No
Lopez
Nadeau
Thomas
Liquor Licenses and ABC Committee Report
Commissioner Raia said he
had no committee report. Chairperson
Nadeau asked him to update the Commission on the status of the voluntary
agreement with St. Ex on
Commissioner Smith observed
that the 2005-2006 Commission developed voluntary agreements to get control
over the operation of liquor stores and other establishments and reduce the
incidence of public inebriation and other public nuisances. Commissioner Thomas said she wanted to
clarify if it is correct that, starting in 2005 or so, ANC 1B’s policy is to
require a voluntary agreement with every license and license renewal. Commissioner Raia said he doesn’t know if
this is Commission policy, he just knows that when he took over from his
predecessor, the voluntary agreement was described as an important opportunity
to work with businesses to protect the community, whether there is an immediate
problem or not. If there is any issue
the neighborhood wants to address with a bar, liquor store or restaurant, the
voluntary agreement provides the opportunity to do so.
Chairperson Nadeau said that
she brought up this question because it has become known that some of the
people raising issues have ulterior motives.
They are writing conditions into voluntary agreements as a “gotcha”
device, and then standing outside the business taking pictures to document
trivial matters. Commissioner Raia
objected that these comments are off base because the people in question are
operating in another ANC. Commissioner
Raia said he does not stand outside taking pictures. He is inside eating dinner. He is not associated with the group that is
following these tactics. Chairperson
Nadeau expressed her concern that ANC 1B is being used in a broader plan that
does not involve neighborhood interests.
She pointed to an occasion when someone who does not live in ANC 1B
spoke before the Commission advocating action.
Commissioner Thomas expressed concern about people from outside ANC 1B
trying to influence the actions of the Commission. She said that she would like to clarify what
the Commission’s official policy regarding voluntary agreements actually is. Chairperson Nadeau commented on the concern
that ANC 1B, especially
Commissioner Thomas said she
was asking about this because she has liquor licenses in her SMD. She reiterated her desire to clarify ANC 1B’s
policy and observed that if there is no policy then the practice is applied
unevenly depending on the business and circumstances. She just wants to know what the rules are.
Commissioner Smith stated
that there is no policy, but there is a practice, which is designed to protect
the community. In his SMD, he protests
every liquor license, whether good, bad or ugly and negotiates voluntary
agreements because that is the best way to protect his neighborhood.
Chairperson Nadeau observed
that she takes a different approach because she has a different situation in
her SMD. She said she has raised this
issue at this meeting because the Commission will be voting on a voluntary
agreement, there are protests, and she wants to make sure that the agreement is
not redundant, the Commission is not trying to write new law, which it cannot
do, and there is no ambiguous language in the agreement. She reiterated her concern that there were
parties intent on videotaping the business, calling ABRA, and trying to catch
them when they are just operating.
Commissioner Raia responded
that there is no crime in protecting the community. Chairperson Nadeau agreed, but said that the
Commission is dealing here with a good business, which brings many benefits to
the community. Commissioner Raia agreed.
Nellie’s CR to CT
Doug Schantz,
Commissioner Raia stated
that the owners are responsible business persons, have worked with the
community, and have had meetings with their neighbors. He does not intend any negative connotations
by his motion. The owners are working
with him to develop a voluntary agreement that will create a hybrid tavern that
serves food and is not strictly a bar. He
moved that ANC1B protest the application of Nellie’s for peace,
order, and quiet with the intention of having the community’s voice heard and in
order to conclude a voluntary agreement.
When a voluntary agreement is signed, the protest will be withdrawn.
Commissioner Moss commented
that Mr. Schantz has been very proactive.
He is a constituent in her SMD.
From the very beginning of his business, he has reached out to all parts
of the community and has collaborated very well with other business
owners. She is very supportive of his
application.
Commissioner Raia stated
that he believes the owners will sign a voluntary agreement even if ANC 1B does
not protest the application; this is a matter of process.
Commissioner Lopez asked
Commissioner Raia to clarify if the owners had initiated the discussion of a
voluntary agreement with him.
Commissioner Raia replied that he initiated the discussion with them
when he was invited to a neighborhood meeting at the owners’ house. It has also been discussed at a Cardozo-Shaw
Neighborhood Association (CSNA) meeting.
Commissioner Lopez observed that the discussions have apparently been
positive, so why is a voluntary agreement necessary? Commissioner Raia said that a change of
license from CR to CT means they are not required to serve any food at all, but
the owners want to serve food and the community wants to assure that the
business retains its current character and food service. The voluntary agreement will accomplish this.
Chairperson Nadeau asked if
the business plan requires food service.
Mr. Shantz confirmed that food would always be a component of the
business. Chairperson Nadeau said she did not understand why a protest is
necessary.
Commissioner Akinmboni asked
if Nellie’s has music. Mr. Schantz
answered that they do have music, and their license permits dancing, although
they are not utilizing that component of the license.
Commissioner Smith observed
that, without a voluntary agreement, if the business changes ownership, the new
owners do not have to serve food and can move to an alcohol-only bar
business. Mr. Schantz stated that he
would never walk away from Nellie’s. If
he were to sell the business, he would sell it as the Nellie’s concept. Any buyer would be foolish to try to change
the concept. He went through two years
of great difficulty getting approval before he could open, and any transfer of
the license gives the ANC and the community opportunity to stop any undesirable
change.
Commissioner Thomas
commented that whenever the license is either transferred or renewed, they must
come back for review of the terms of the license. This was what brought up her question
earlier: is the voluntary agreement a
normal process or at an individual commissioner’s discretion?
Chairperson Nadeau called on
Jeffery Willis, who asked to comment. He
said he was a close neighbor of the owner and thinks Nellie’s is a great
place. He commended the Commission for
establishing a fair and non-arbitrary way of handling these business
licenses. He thought that Commissioner
Thomas’s questions are very important.
He thought the Commission must be consistent and fair. It is not fair to make a voluntary agreement
with one business but not with another.
He felt that the community is facing the “tavernization” of
Chairperson Nadeau called on
John Snelgrove. He said there seems to
be two misapprehensions among those who discuss this issue. One is the idea that a CT licensee is more
likely to be a bad operator and a bad neighbor than a CR licensee. The fact is that an owner can be a bad
operator with either type of license.
The difference is between good business owners and bad business owners,
not CR or CT licenses. The other
mistaken idea is that a lot of restaurants or bars are going to be sold. The neighborhood is moving in a very positive
direction and the idea of large numbers of sales or transfers of license is a
doomsday scenario that is not going to happen.
Chairperson Nadeau asked Chairperson
Raia to repeat his motion. Commissioner
Raia moved that ANC1B protest the application of Nellie’s on the basis
of peace, order, and quiet with the intention of having the community’s voice
heard and in order to conclude a voluntary agreement. When a voluntary agreement is signed, the
protest will be withdrawn.
Commissioner Smith seconded
the motion.
Commissioner Moss asked if a
draft voluntary agreement is available.
Commissioner Raia said it is still being developed.
Chairperson Nadeau called
for a vote on the motion.
The motion was not adopted, 2-2-5.
Chairperson Nadeau stated
that no action could be taken on a tie vote, so the Commission would not be
commenting on this application.
Commissioner Smith said he did
not see anything wrong with putting safeguards into place to protect the
community. He was not saying that anyone
is a bad owner. The Commission has the opportunity to set guidelines, and have
those guidelines influence the continuing improvement of the community.
Commissioner
Anderson-Holness stated that she was changing her vote from Abstain to
Yes. Chairperson Nadeau said that she
could do that without having to take a re-vote.
Chairperson Nadeau announced
that the motion was adopted 3-2-4.
Commissioner Raia said that
the existing voluntary agreement with
Commissioner Thomas asked
for clarification. Commissioner Raia
indicated that
Andrew Kline said that
Commissioner Raia moved that
ANC 1B authorize him to amend the Axum voluntary agreement to match its
business model, to include changing business hours, to allow opening for
special event, and allowing operation including entertainment on both the first
and second floors of the establishment.
Commissioner
Anderson-Holness seconded the motion.
The motion was adopted
unanimously, 9-0.
Red Lounge stipulated license
Commissioner Raia stated
that this is a clerical and technical matter, but due to paperwork issues, the
business is not able to operate.
Commissioner Raia moved that ANC 1B authorize him to amend the voluntary
agreement with Red Lounge to match their business model, allowing use of the
second floor, and relying on them to get a stipulated license while awaiting
the completion of paperwork.
Commissioner
Anderson-Holness seconded the motion.
The motion was adopted
unanimously, 9-0.
Dickson Wine New CT
Commissioner Raia said that
this license has not yet come up and the owners are out of town. The Commission agreed to defer consideration
of this item to a future meeting.
Shahmene Ethiopian entertainment endorsement
Commissioner Moss stated
that this business is requesting an entertainment license. The entertainment consists of a single
performer, not a band or large group.
She said that they have a signed voluntary agreement that provides for
no loud music, no outside music, trash disposal and other details. The CSNA has reviewed this issue and supports
the application. Commissioner Moss moved
that ANC 1B support the entertainment endorsement for Shahemene Ethiopian
Restaurant. Chairperson Nadeau proposed a
friendly amendment to the motion to give Commissioner Moss the authority to
negotiate the amendment of the voluntary agreement to include the entertainment
endorsement.
Commissioner Moss accepted
the amendment. Commissioner Smith
seconded the motion as amended.
The motion was adopted
unanimously, 9-0.
Commissioner Smith said that
the owner of this corner-store business had to give it up due to increasing
rent and taxes. The business had a Type
A license, which has been in safekeeping for two years. A new owner has taken over and the license
has come out of safekeeping. The new
owner has met with the community. He is
aware that they desire a voluntary agreement.
The store on the opposite corner and another store on the next block
have voluntary agreements, so this is consistent with ANC 1B09 standards. The owner is amenable to a voluntary
agreement. He has agreed to and
implemented everything the community has requested; everything just has to be
put in writing. Commissioner Smith moved
that ANC 1B protest this license on the basis of peace, order and quiet and
that the protest will be withdrawn when a voluntary agreement is signed. He observed that a voluntary agreement would
probably be ready within a week. Chairperson
Nadeau observed that the voluntary agreement would have to come to the
Commission at the next meeting and the protest withdrawn at that time.
Commissioner
Anderson-Holness seconded the motion.
The motion was adopted
unanimously, 8-0.
Serve-U Liquors
Commissioner Moss said that this
business is located across the street from Nellie’s Sports Bar on
Mr. Phil Spalding observed
from the audience that 10 PM is the current legally required closing time.
Commissioner Moss moved that
ANC 1B support Serve-U Liquors application to amend their license to close at
10 PM.
Commissioner Lopez seconded
the motion.
The motion was adopted
unanimously 8-0.
Vinoteca extension of patio hours
The owner of Vinoteca, Mr. Paul
Carlson, said that the current hours of operation for the patio are
Sunday-Thursday closing at 10 PM, Friday-Saturday closing at midnight. They are requesting that opening hour for the
patio Sunday be changed from 11 AM to 10 AM, closing hour for Sunday-Thursday
be changed to 12 midnight, and closing hour for Saturday-Sunday be changed to 1
AM. The primary reason for the request
is that they are having problems trying to close their patio at the current
hour when other business patios on the block remain open to the time they are
requesting. Their customers do not
understand why they have to leave the patio when other businesses remain
open. He said that revenue is not the
issue and that sometime, when business is slow, they close the patio at 9:30
PM. Mr. Carlson presented a petition to
the Commission supporting his request signed by 20 residents of the block,
along with two letters of support. Mr. Carlson
also observed that the open patio contributes to security on the block by
putting more eyes on the street and the extension of hours will improve this
effect.
Commissioner Moss asked
where the business is located. Mr.
Carlson said they are on 11th and U, next to Solly’s and across the
street from Lee’s Flower Shop and Bohemian Cavern.
Commissioner Raia said that
this request came before the CSNA and received their support.
Chairperson Nadeau asked for
comments from the audience.
Mr. Bill Riggins,
Ms. Kristen Smith,
Mr. Carlson responded to
comments of Mr. Riggins by saying that his business is attached to Solly’s so
he is not located half-way down the block.
The block is not residential; it is zoned commercial. He obtained signatures on his petition
supporting his application from the residents living right next to Mr.
Riggins. The resident in the building
one building down from him came to him and asked to sign the petition because
he had been living on the block for 40 years and said conditions had never been
as good as they are now.
Commissioner Raia said that
the issue goes beyond the residents of the block; it is a matter that affects
the broader community. Commissioner Raia
moved that ANC 1B support the request to open the Vinoteca patio at 10 AM on
Sunday mornings, but not support the request to extend patio hours at night.
Chairperson Nadeau asked
whether Solly’s has the later hours.
Commissioner Raia said that Solly’s has the later hours from a previous
Commission. Chairperson Nadeau asked how
the two were different. Commissioner
Raia responded that the two situations are different. Solly’s is really on
Commissioner
Anderson-Holness observed that the patios and businesses do generate foot traffic,
which seems to help with security.
Commissioner Raia said that the current weekend hours are to 12 midnight
and the owner has said this is not a revenue issue. He sometimes closes at 9:30 PM, so why does
the Commission need to give them an extension?
Chairperson Nadeau commented that Vinoteca is a good business and they
are making the request.
Commissioner Smith seconded
the motion.
The motion was not adopted, 2-6-1.
Chairperson Nadeau moved
that ANC 1B support Vinoteca’s request to change the hours of patio operation
to open at 10 AM on Sunday, close at 12 midnight Sunday through Thursday, and
close at 1 AM on Saturdays and Sundays.
Commissioners Thomas and
Moss seconded the motion.
The motion was adopted 8-1.
Commissioner Thomas said
this business has been located at the corner of
Chairperson Nadeau noted
that the Liquor License portion of the agenda was concluded.
The owner of Marvin’s asked
about the City Council’s decision to extend liquor-serving hours for the upcoming
holiday and how that affects businesses with voluntary agreements. Chairperson Nadeau said that businesses with
voluntary agreements must come to the Commission for a modification. Those without voluntary agreements can
operate to the limits provided by law.
Commissioner Raia noted that Marvin’s has a voluntary agreement that
specifies 2 AM as closing time. This is
one of the issues he wants to address in amending voluntary agreements. He moved that ANC 1B amend Marvin’s voluntary
agreement to state that operating hours must be consistent with the terms of
their license and the law and delete reference to 2 AM, and give them an
endorsement for their extension of hours for the holiday.
Commissioner
Anderson-Holness seconded the motion.
The motion was adopted
unanimously, 9-0.
Grant Application and Grant Committee Report
MidCity Business Association
Chairperson Nadeau
introduced Natalie Avery, Mid-City Business Association. She reminded the Commission that Ms. Avery
presented her grant application last month, but copies were not available for
this meeting. She asked Ms. Avery to
review the grant application for the Commission. Ms. Avery said the grant application is for
funds to support the Mid-City Business Association Sidewalk Sale. It is one of the biggest retail events in the
city.
Commissioner Smith moved
that ANC 1B support the grant application of the Mid-City Business Association
in the amount of $2,000.
Commissioner Thomas seconded
the motion.
The motion was adopted
unanimously, 9-0.
Ethiopian Community Service and Development
Corporation
Commissioner Moss presented
a grant application from the Ethiopian Community Service and Development
Corporation. They are requesting
$1,000. She wanted the Commission to be
aware of the application, which will be considered next month.
Chairperson Nadeau noted
that Commissioners have a grant application from Mentoring Works to be
considered next month, and that Commissioner Raia will be e-mailing the Arts
Under the Stars grant application to all Commissioners tomorrow for
consideration next month.
Commissioner Thomas asked
about the policy for submission, announcement and consideration of grant
applications. Chairperson Nadeau said
that the Commission’s rules governing grants provide for Commissioners to
introduce grant applications at the meeting before the meeting where the grant
is to be considered for approval. Her
preference is that Commissioners have the actual grant application in their
hands at the meeting before the meeting when it will be considered. If that is not possible, then e-mailing the
application on the day after the meeting to all Commissioners is acceptable.
Commissioner Thomas asked
that a grant application to support a program to address teenage girls’
involvement in gangs be placed on the agenda for the June meeting. The grant will finance supplies for the
program. Chairperson Nadeau said it
would be on the agenda and asked that the grant application be e-mailed to all
Commissioners. Chairperson Nadeau
reiterated that there would be four grant applications on the June meeting
agenda
Commissioner Ankinmboni
asked that a grant application for Arose Youth Development be placed on the
June agenda. Chairperson Nadeau said it
would be on the agenda and asked Commissioner Akinmboni to e-mail the grant
application to all Commissioners tomorrow.
Commissioner
Anderson-Holness moved that the May 2009 meeting of ANC 1B be adjourned.
Commissioner Smith seconded
the motion.
The motion was adopted
unanimously, 9-0.
The meeting adjourned at
approximately 10:40 PM