1 | P a g e

ADVISORY NEIGHBORHOOD COMMISSION 6B

REGULAR MEETING

Hill Center at the Old Naval Hospital

921 Pennsylvania Avenue SE

December 8, 2015, 7 p.m.

DRAFT AGENDA

1. Adoption of Agenda

2. Community Speakout

3. Community & Commission Announcements

4. Consent Agenda

Minutes

Meeting of November 10, 2015

Planning & Zoning Committee

ZC Case #04-33G, Amendments to Chapter 26, Inclusionary Zoning. Hearing: January 28, 2016

5. Presentation

Commander Jeff Brown, 1D MPD

6. Alcohol Beverage Control Committee

ABRA-100249, Bullfrog Bagels, 317 7th

Street SE, new Retailer’s Class “C” Restaurant license:

Jeremiah Cohen. Petition date—December 14, 2015

ABRA-100872, Trader Joe’s, 750 Pennsylvania Avenue SE, new Retailer’s Class B license,

Petition date: December 21, 2015

7. Planning & Zoning Committee

HPA #13-566, 1220 Potomac Avenue SE, new construction/revised plans: Todd Ragimov (owner)

BZA #19153, Rear 1524 Independence Avenue SE: David Crowley, President, Capital Properties

Group. BZA Hearing: January 12, 2106

8. Hill East Task Force Report (November 17, 2015)

9. Outreach & Constituent Services Task Force Report (November 12, 2015)

10. Financial—Treasurer’s Report

11. ANC6B Testimony on before Councilmember Anita Bonds Public Roundtable on ANC Great Weight,

December 16, 2015

12. Eastern Market Community Advisory Committee Report

13. Hine Community Advisory Committee Report

14. ANC 6B Contract for Hiring of Administrative Assistance

15. Consideration of Amendments to Commission Standing Rules

16. ANC 6B 2016 Meeting Calendar revisions

17. Adjournment

PLEASE NOTE: Some items on this agenda will be considered on the consent agenda. An updated full agenda with items assigned to the consent agenda and

regular agenda will be posted on Friday, December 4, 2015. At regular Commission meetings, any item may be removed from the consent agenda and placed on the regular agenda at the request of a single Commissioner. All ABC, BZA, Zoning, and Historic Preservation cases on the consent agenda will be fully discussed

at the appropriate monthly committee meetings. Late-breaking ABC, BZA, Zoning, or Historic Preservation cases may be added to this agenda. For additional

information, e-mail 6B@anc.dc.gov or visit ANC 6B’s website: www.ancb6.org. Next regular meeting: Tuesday, January 12, 2016.

SUBSCRIBE TO OFFICIAL ANC 6B NOTIFICATIONS AT THE COMMISSION’S WEBSITE: www.anc6b.org

1 | P a g e

ADVISORY NEIGHBORHOOD COMMISSION 6B

REGULAR MEETING

Hill Center at the Old Naval Hospital

921 Pennsylvania Avenue SE

November 10, 2015, 7 p.m.

7:02pm, Chair Oldenburg calls meeting to order. All commissioners present.

1. Adoption of Agenda

Oldenburg – Asks commissioners for proposed changes to agenda.

Loots – Suggest we table #14- Consideration of amendments to standing rules. We have full agenda and it isn’t time

sensitive.

Oldenburg – Yes appreciated it. Any objections? No? Push to December. Anything else? I would like to add one

item between 15 and 16 on the agenda, to add a closed Executive Session of Commission to discuss legal matters.

We will do that and then come back to open session then adjourn the meeting. We have items on the consent

agenda. This is an opportunity if someone wishes to take off.

Flahaven – Move to aprove the agenda, as amended. Hoskins 2nd. 10-0 approved.

2. Community Speakout

Gregg Orton, 1200 Block of I SE – Really wish I wasn’t here tonight but here in front asking re: 1220 Potomac Ave

where is transparency? So as commissioners are aware recently the applicant reached out to HPRB and Chair re: new

development in moving his project, 1220 Potomac Ave SE. Last minute there was decision made to add this case on

the ANC agenda and Commissioner Chao and us neighbors weren’t informed in a timely manner. You guys are

elected officials you know things in politics that they must not only be right, they also have to look right. I believe

this ANC has a problem with regards to 1220 Potomac. We have repeatedly asked for more transparency, but

neighbors have been for over a year left scrambling when learning of new developments at last minute where we and

our commissioner is not informed. You guys know neighbors are concerned and it is incredibly frustrating ANC not

held itself by same standard. Whether you as a body decide the Chair and applicant act in good faith, that is up to

you. I simply hope you don’t ignore us in this process. I appreciate opportunity to speak.

Oldenburg – Let me tell you that I took responsibility for an error that I made. I as Chair, agencies come to the chair

to request ANC to consider items pending before them and that is the regular process. I received the request and

turned that around and advised the EC that it request agenda, just so happened to be the day of the Executive

Committee (EC) meeting. EC meeting was held that evening. I realized that it was short notice and complaint and

received concern from Commissioner Chao. I offered to contact HP to delay case. They had put it on their

2 | P a g e

November calendar we had asked to take off to give community to talk. It was mistake on my part, I apologize. It

will be heard and most likely on December.

Flahaven – First of all we always hear concerns about transparency. In this instance, as I have been Chair, I know

from experience that you’re the liaison for setting into the agenda. It wasn’t a posted agenda. The executive

committee voted, we heard clearly there was not enough time. We need to work with the community. There are a

ton of cases that came from us that we pull I just want to be clear, while I appreciate the chair apologizing, there was

no need and no effort from commission to take neighbors for granted. I understand your concern.

Chao – For those who aren’t familiar, this is a case where unfortunately the immediate neighbors had not been

notified and had no opportunity to weigh in on a new building being built against their backyard fence, 3 stories tall

for at least the first 6 to 9 months that the ANC and local government was considering it. They were brought into the

process earlier this year. The neighbors had asked repeatedly and was given assurance by historic preservation

office that they would be notified immediately once the applicant started conversing again on this project but once

again were notified after communication occurred it appeared for at least a week between the applicant and historic

preservation office.

David Meadows, Chief of Staff, Councilwoman Anita Bonds– Am a 20 year ward 6 resident. Live in Navy Yard,

here for you as well. Councilman Charles Allen is a great, competent and capable member. But if you have issues

please feel free to reach out to us as well. For more information: http://dccouncil.us/council/anita-bonds

3. Community & Commission Announcements

From Audience Member- 11am Veterans Day, American Legion is holding our event honoring Veterans’ Day.

National Guard members will be present, if you wish to come by please do so.

Loots – Happy to report, after many many years, Latter Day Saints Meeting House will be formally dedicated on

Nov 22nd and open for worship thereafter. I for one look forward to them joining our community and being part of

our neighborhood.

Hagedorn- This Thursday 11a, having meeting with Seth Shapiro w/ Mayor and residents, to clean up park at

Pennsylvania Avenue and 9th SE. Community Connection will also be there. If anyone wishes to attend, see you on

Thursday.

Flahaven – ANC 6B Constituent Services Task Force Meeting…..re: working with MPD, 7pm here up in Fragers

Conf Room. Next week on the 17th in addition to ANC 6B’s Executive Committee meeting we are also holding Hill

East Task Force Meeting; representatives from Donatelli Blue Sky Development will share first phase for Hill East

Reservation 13 development.

Krepp - I submitted a FOIA to US Department of Justice (DOJ) last week requesting detailed information of

prosecution rates, crimes, in DC for every ward. I did so because there were 40,000 incidents of crime according to

the DC MPD 2014 annual report but , DOJ reviewed 25K, but prosecuted less than 2K. I asked DOJ to provide

information going back to 2010, for every ward. Because MPD required to submit this information to the Federal

Bureau of Investigation, a DOJ agency. If you have any questions about the FOIA please let me know. Crime is

rampant in my SMD. Just last night we had 3 robberies, my goal within my own SMD is to find out why is it not

going down.

Now for an update on the sexual assault that happened in my SMD. It occurred at 2pm in the afternoon, the

perpetrator is in Maryland and according to police now, they won’t release his name or information. If you watch

3 | P a g e

NBC News 4’s Jackie Benson’s report, you will find that the individual had been arrested two weeks prior to the

assault. When he was arrested, the police found a broken GPS bracelet in his backpack.

Samolyk – I learned on Sun afternoon lamp post lighting issues due to the recent daylight savings schedule. Lights

on a block in my SMD haven’t gone on and was completely dark. I reached out to DDOT and was assisted by Leif

Dormsjo and his team so please reach out to him and DDOT if you are having problems, let us know. DDoT will

get right on it.

Oldenburg – Forgot to have Commissioners introduce themselves. Commissioners conduct round of intro to

audience.

Ellen Opper Weiner (Hill Resident from Audience) – To Krepp – did you FOIA on behalf of ANC 6b or ANC 6b10?

Krepp – On behalf of 6b10.

Burger – Announcement for PSA meeting, in the past many may have been frustrated because people didn’t show

up. There’s been kind of a cycle variation on attendance; please show up. We have a new Lt. Damian Taylor for

PSA 108. First meeting on Nov 19 at 7p, Liberty Baptist Church. I hope we can have a reset for PSA 108. Show up

and tell your neighbors to show up. I’d like to see us revitalize this mechanism. Again, meeting is at Liberty Baptist

Church, 500 block of Kentucky Ave SE.

Jayaraman – Related to that, a young lady named Sarah Spurgeon who started Citizens for a Safe Capitol Hill,

disbanded that organization, I want to piggy back on the issue of safety and say we really need people who signed

onto that listserv to become active. Personally I’m going to advocate for partnership with MPD and Citizens to

ensure security.

Naomi Mitchell, Liaison to Councilmember Allen – We are initiating an event that Tommy Wells used to have each

year, the Brickie Award, go onto our website, you will see criteria, it is for people who are good neighbors, org, civic

group, business, north hall December 7th, lots of food drink. For more information contact Jamal Jordan -

jjordan@dccouncil.us or goto www.charlesallenward6.com

CM Allen holds office hours 3 times a month, this Friday is at the Safeway in SW, Starbucks, and would love to see

you there.

Hoskins - EMCAC meeting Wed 18th 7p North Hall.

4. Consent Agenda

Flahaven move to approve consent agenda below, Hagedorn 2nd, 10-0 approved.

Minutes

Regular Full Meeting, October 13, 2015

Special Call Meeting, October 28, 2015

ABC Committee

ABRA-088611, L Street Market, 7th & L Streets SE, Settlement Agreement Revision (change of

Sunday closing from 7:00 pm to 9:00 pm): Eun Choe

Planning & Zoning Committee

BZA #19135, 1118 E Street SE: Greg Dotson & Janine Benner (owners); Kim Jones (architect). BZA

Hearing—December 8, 2015

4 | P a g e

BZA #18640A, 761 10th Street SE: Barry Jackson (owner) & Robert Berriz (builder). BZA Hearing:

November 24, 2015

Transportation Committee

DDOT Tracking #114510, Virginia Avenue SE Streetscape, CSX Virginia Avenue Tunnel project,

Special Public Space Committee hearing—November 12, 2015

DDOT Capitol Bikeshare Development Plan. Comments due by November 15, 2015

5. Presentation

Christopher Weaver, Director, DGS (Status of Weekend Flea Market)

Oldenburg – Introduces Forest Hayes in lieu of Chris Weaver.

Hayes – Good evening, I am the deputy director of DGS and I am particularly in charge of the division of Eastern

Market. (introduces other staff in audience) Thank the Chair and ANC to give opportunity to address audience. I

know there have been a lot of questions around the weekend flea market. There’s still a little bit of unsettled

business related to two operators of the flea markets. There is a lot that went unexplained apparently to your

satisfaction. That was never intention of DGS. I’m here to answer questions. At the end of the license agreements

were in place with two operators earlier this summer, frankly there were missteps in my office and these operators

were given a two month license extension and they were summarily informed their services were not longer needed.

That was not approved by me or by then director. Once we learned of that, we acted swiftly to correct the matter.

There was a sense among the community that these two operators would move to the streets as temporary….space,

through some mechanism, there would be opportunity to return to private space once development is complete.

We wanted the operators to be temporarily located in public space due to demand of community. We worked

through DDoT to allow that. I negotiated a 2-year license agreement with each of them. I want to be sure everyone

is aware that a license agreement is a terminable document. It is not a lease and the government can exercise

prerogative to cancel with 30 days notice. We have no intent, but just so everyone understand what this is…

The only thing that is not identical is we spoke with Carol at end of the two years to discuss what would happen next

for 30 days after two years, to provide buffer. Mike wants to negotiate 90 days. I didn’t see any harm to grant Mike

his 90 days to discuss next steps.

Most important part of conversation – My intent at the time was that two year license would begin conversation, not

end it. The conversation is about what we as community do with Eastern Market. I want to send a message that

what happens over the next two years, at end of license agreement is absolutely not a Forest Hayes or DGS decision.

In our mind we see this at minimum involving 4 parties: DGS, Office of Dep Mayor for Planning and Econ Dev,

Community represented by ANC and Businesses along 7th street.

I think those 4 groups are critical for us to have conversation to move forward. Our most appropriate role is to

facilitate the conversation.

Oldenburg – Open to questions by commissioners.

Hoskins – Thank you for presentation it is the best detailed presentation that I have publicly received to date. Our

community has been wanting that. My first reaction is I wish to work with you and others on, is looking at public

process, what it looks like, how we outline that process if DGS is moving forward. That wasn’t how it happened

over the summer. Moving in transparent and collaborative process, I’d like to help you work with EMCAC

neighbors businesses to get it happened. Question – concerns from businesses on 300 block of 7th re: competing

5 | P a g e

businesses and retailers – is this a part of the license agreement? Do you have any comments re: putting coffee stand

across from coffee shop, etc.

Hayes: I have met, along with Barry, with the fixed base operators on 7th. Primary concern is this conflict of

branding and offerings that currently exist. We are going to have two operators and take another look at how we

arrange things over the weekend. We want everyone to have an opportunity to have their services and products to be

seen and the best light, spirit of commerce so everyone has the best opportunity to build a business. We are

committed to look at that. Barry and I have worked and asked him to pull together some pricing. Concerns raised

by same group related to unsanitary behavior in alleys behind market. There was a request for port-a-potties, I’m

willing to look at my budget to make that expenditure. We are going to work with community to figure out where

the best place is. Not my decision, but try to be responsive to business owners.

Another concern is security. It is not the most straightforward approach because we have our beloved DGS

protective services but they are restricted to protecting public space. Where does that jurisdiction end and who picks

up responsibility when we are off the curb so to speak. We have had meetings within the last two weeks, looking at

all options e.g., use of retired policemen, off duty policemen, private security, etc. We are finding way to better

secure footprint of eastern market.

Jayaraman – You initially spoke of two month extension was not approved action. Who did approve that and was

there justification for the initial decision to end it at two months.

Hayes: I’ll attempt to give you a brief straightforward answer. I’m not in habit of putting my staff in front line. I’m

head of portfolio division, and it is my responsibility. There was cloudiness generated by thoughts that there were

support for bringing operations of weekend market in house. That wasn’t the only consideration though. At the 11th

hour office of chief finance officer, in response to recent audit, was required to adhere to IRS regulation to either

cease to use or freeze any property improved using tax revenue. Combination of those things created haziness.

Someone acted without clear direction and again I take full responsibility.

Hoskins – I want to flag port-a-potty. ANC 6B has role for public space review, want to flag you will consult with

us.

Hayes: Happy to do so.

Roberta Blanchard- Vigilante coffee booth put a sandwich board in front of Le Pain Quotidien with arrow pointing

to their booth in front. It has not gotten better, but worse. They were given a termination date at the end of

construction, then extended for two months in case construction not completed now it seems open ended. People

don’t realize there are 3 flea markets. Two privately owned Flea Markets are on public space. A lot of my

customers complain they cannot park and come in. It is really hurting a lot of people. They can’t shop and are

hurting the market.

Hayes – As it relates to reviewing license agreement, to direct operators in one way or another, legal team is looking

at it. Nature of license agreement a lot of control. We are able to be very direct. I’m here, and don’t intend to stop

being here.

Oldenburg – can you make those contracts, in confidence can they be made public?

Hayes: These are public docs negotiated by the district government.

Oldenburg – So you can send..

6 | P a g e

Hayes: FOIA can give you the ability. Let me check with my legal counsel and get back to you COB Friday.

Opper Weiner – Are you aware in the past MPD was very involved in patrolling Eastern Market during weekends?

I’m more than willing to talk with you about that.

Hayes: In our meetings with protective services division that was mentioned. I’m happy to hear any comments

advise you wish to add. Hopefully this is the beginning of an effective and collaborative dialogue that will end some

of the friction created. We want to do this with, not without you. Please if possible don’t jump over our staff to

come to me. I’m available but our staff is also very capable on site.

Krepp – If the message to us is that we are going to receive information, we are not going to have to FOIA…

Oldenburg – Gentleman says he will get back to me Friday COB let’s let him do that.

6. Alcohol Beverage Control Committee

ABRA-100610, Starbucks Coffee #7610, 237 Pennsylvania Avenue SE, new Retailer’s Class “D”

Restaurant license: Stephen O’Brien. Petition date—November 30, 2015

Jayaraman – Class D license allows for establishment only to sell beer and wine, but not liquor. Class C allows

liquor. The applicant wish to serve beer and wine with full list of savory menu items until 11pm. Jennifer Samolyk

is the SMD ANC commissioner, we had committee meeting last week and we took no position pending discussion

with community. This past Sunday, enormous amount of progress was made at the meeting. I’d like to turn to her to

let us know what remaining items exist.

Samolyk – Thank you all for coming. We had a really productive meeting Sunday where a lot of issues were

discussed. We came to consensus and Starbucks came with Settlement Agreement (SA) with last minute request

they agreed to add. My goal is to make motion in support of SA contingent that we include the new request. We are

going to do best practices, with also a number of conditions – switching out dumpsters, from 3-6 days of recycling

and trash. Looking to go to 7 days a week, contracting with Bowie, highly recommended by neighbors.

Powerwashing will occur monthly. They will install bumpers in the future when they do power wash. One thing I

want to state that wasn’t clear. Starbucks has a policy across stores as of dusk they do not take garbage outside. But

kept inside in totes. Perhaps if they do move to Bowie, maybe we can move to later trash pickup so dumpsters aren’t

full overnight. Re: push for indoor storage, we feel we should give them a chance. They came to the table, were

receptive to the neighbors. Everyone left with hope that they have addressed these issues. If there is still a problem

in March we will push for for indoor storage. Right now they committed to be good community member and all

demands we asked. We have some additional demands that was sent by Commissioner Jayaraman today; they

incorporated those. I’m confident given these changes, there will be significant improvement in trash abatement.

June Wabara – Regional Director for Starbucks – 62-64 locations in DC metro. To my left is Ronny Correa, district

manager. Steve O’Brien introduces himself as local counsel for Starbucks.

Wabara – Outside of really thanking all of you for allowing opportunity to interface with neighbors. From all

indications it went extremely well. Last week we had quite a bit of work to do in terms of commitment and soul

searching and listening intently. We have heard the voices of what community needs.

O’Brien – Bring attention to two things. 1. Since last round, mid-day today, two words added in Section 5K. The

applicant shall – we added weather permitting – power wash. To recognize when temp if freezing we can’t. 2.

Preamble there was a lack of common understanding Sunday but we need to revise preamble to make clear in the

vent we get to point of considering trash storage structure, in case these measures aren’t adequate, and that it would

7 | P a g e

be a structure physically attached to existing building and accessible by interior doorway. We intend to make that

change overnight and submit revised agreement to chair tomorrow.

Jayaraman – With all due respect I would like to get you in a better position where we step outside to put it in

language now so we are confident we can vote now. Without having that final language it is hard for us to vote on

something. If I can explain to commission this is the exact change, we can leave here tonight we can vote and

finalize. If we don’t have a SA and we don’t vote to protest we lose our rights. We aren’t going to do that. I don’t

want us to have a protest vote.

O’Brien – Asks Ms. Wabara if she’s comfortable editing SA.

Wabara- Yes.

Oldenburg – Open to audience to speak?

Sylvia Trafari – 218 3rd SE: My home is caddy corner to 237 Penn SE. I was present along with several neighbors

who are interested in subject. At meeting 1p where we fully aired all concerns regarding practices to good trash

management. Based on that discussion, there were number of changes agreed to. Are impressed with doc you did

produce. One change I am speaking to has to do with interior storage. We believe that is gold standard to control rat

proliferation. Starbucks is in good faith willing to see that as plan B in case plan A, which should be fine, if all

things were perfect and we were in heaven and everyone did their job and rat population went down in next three

months, we hope for the best. But in case that fails what we have agreed to was to try and have internal trash

storage. This is a proven way according to pest control professionals to mitigate access to trash in restaurant

industry. I want to thank Steve O’Brien for helping me clarify the terms. My understanding and Steve’s

understanding were slightly different. The point is rather than having separate structures, what we are looking to is

internal trash storage a part of existing structure and they have agreed to that.

O’Brien - We would not be talking about creating trash room within existing building, but extending existing

building but to make it a part of existing building.

Oldenburg – This issue can be raised in the future, not part of current SA. I just want to make it clear with you that

we are not taking up this time but for future.

O’Brien – We are committing in this agreement in paragraph that if the measure do not prove adequate we will in

good faith go to plan B so to create the trash room.

Jocelyn Hong – 306 C Street SE – Thank you for accommodating us.

Krepp – I’m just truly confused I’m supposed to be voting on a document that’s been gone through multiple times,

but don’t have the final document?

O’Brien – I have multiple copies and am embarrassed that I see a page missing. I just emailed Commissioner

Samolyk and Jayaraman, the document.

Hands out copies.

Hoskins – I am struck by amount of progress made between Thursday and today and commend my fellow

commissioner to put together the meeting. I know so much time went into working on these agreements. I have a

number of thoughts. My first comment to Commission is because we don’t have, as much as I wish to review 6

pages now, it is not possible for me to do it. Petition date is November 30. Hearing date is not until December 14.

8 | P a g e

Our next ANC meeting precedes the hearing date. So we would be able to vote on this agreement or some

amendment agreement without a hearing occurring. If we were to vote on this agreement in December, it would:

1. Allow every Commissioner to fully digest agreement. 2. Allow 30 days to approve it. While I am encouraged, I

walked over on Saturday and took a peek in and the cardboard were overflowing. I took photos and posted on

Twitter. We would have 30 days to prove that proposal is reasonable and …

Oldenburg – We as ANC has to let ABRA know by November 30, we support, protest or are silent. Only options we

have is to support, say nothing or protest the license.

Hoskins - What I would advocate for, and I personally commit to this. If the neighbors are happy in 30 days, and

Starbucks upheld the bargain. I will fully support it. I can’t support it tonight. It has only been 3 days and it is too

quick.

Oldenburg – Is this the plan for the next one coming up? I’m sorry I’m not up to date.

Hoskins – But I thought we are discussing this case…

Loots – With exception of couple of words, I have read this agreement and am quite impressed that this is more or

less state of the art. We recognize how much effort goes to negotiating the right words, and picking up passages like

we can’t power wash when it’s below freezing outside, etc. I think this agreement as drafted is pretty state of the art.

I see no precedent in this to say we are going to back away from confronting those other issues of concern in the

future, Vote in favor subject to clear communication, ensure words say what we agreed. Allow Chair if something

goes terribly wrong with the minor addition, we would still have mechanism to do that, not sign, and protest.

Default should be approve tonight subject to minor alteration, which we’ve done before and haven’t had problems.

As opposed to kicking it off or vote protest.

Flahaven – There’s probably no way I’d vote to protest this. There’s been significant amount addressed. We have

heard positive comments from neighbors from audience. SMD Commissioner feels positive about this. This is going

to come up next year in a very short time, and there will be opportunity to put this to the test. Given good faith that

has happened I don’t see why we would hold this up.

Krepp – I have a question on page two section 5 line 5, can you define “applicant shall in good faith…explore”, how

do you define explore?

O’Brien – There would be some procedure like HP, Zoning relief, etc. to change physical structure. I know this has

been done in past but applicant can’t guarantee. So I used word good faith.

Krepp – I thought we just saw between you and neighbors, I thought you meant implement. Explore does not

require concrete action. I would rather see implement or action word to demonstrate to neighbors you do need to

take action and not to just think about things.

Jayaraman – I think there was recommendation to implement.

O’Brien – It got to us late in the day but would not have problem “…implement to extent legally permitted.”

Samolyk – I move to approve SA pending modification.

Flahaven - Move to support application contingent upon signed settlement agreement modified as discussed in this

meeting.

9 | P a g e

Samolyk – Accept friendly.

Burger – 2nd.

Hoskins – Discussion. Make clear that it is a great agreement; commend Commissioner Samolyk, but don’t think

waiting 30 days in delaying this in any way and would allow us to protest if applicant did not make good, so I would

have to oppose.

Support –Samolyk, Oldenburg, Flahaven, Hagedorn, Loots, Jayaraman, Burger. Oppose: Hoskins Abstain: Chao,

Krepp.

Motion passes. 7-2-1

ABRA-100249, Bullfrog Bagels, 317 7th Street SE, new Retailer’s Class “C” Restaurant license:

Jeremiah Cohen. Petition date—November 30, 2015

Jayaraman – Petition date is Nov 30, at meeting last week committee voted to take no position pending further

discussion between applicant and community. Hoskins did conduct meeting Sunday. Would like to know that as

practical perspective that building is not even close to opening. We are not in a rush in my personal view.

Hoskins – As follow up to Thursday committee meeting I hosted a meeting on Sunday joined by Hagedorn, very

productive meeting with applicant and his friend Matthew. Jeremiah can’t be here tonight but Matthew is here on

his behalf. We worked through issues and had good discussion with adjacent business owners, those who share

walls attended the meeting as well as those who share alley in the rear of 317. We’re still in discussion and hope to

resolve issue in the coming weeks. Hope to resolve hours, explore whether sufficient restaurant noise abatement

undertaken, avoid rat attracting odors, sort out what restrictions for deliveries to rear and reach agreement on

exclusive use to indoor trash agreement.

Oldenburg –is there SA

Hoskins – No.

Matthew Frumin – As Diane said I am working with Jeremiah, we did have a great discussion Sunday. There’s an

effort for ANC and neighbors to understand what the equipment were to be used. We sent some info and still owe

specs on something. We think this is going to be a fabulous business, opposite of Starbucks, a home grown

wonderful hand made product. We understand people are concerned and want to work with people. We want people

to know that the business has done a lot and will do so. We couldn’t do it by today. We hope there will be a SA in

advance that can be done, submitted at next meeting, and move on. We will definitely produce a proposed SA

before the next meeting. I’m happy to address the issue I think most have addressed us already but happy to answer

any pending questions.

Oldenburg – To Hoskins: Can you give me hearing dates and what you intend to do?

Hoskins – The petition date is Nov 30. The hearing date is December 14th. The next meeting is December 8.

Oldenburg – ABRA don’t really appreciate the approach because they have to prepare and do a lot of paperwork,

just to bring up for future reference.

Samolyk – Is the reason you’re opposing because you don’t have a signed SA yet?

10 | P a g e

Hoskins – And we haven’t agreed basically, the neighbors have come to the table, and we are still discussing so

actual content of SA we are still working on.

Samolyk – I’m troubled with opposition because it seems like everyone is working in good faith. I feel like we are

sending wrong message to ABRA. I think we are sending the wrong message.

Loots – My understanding is that ABRA procedure would allow applicant to voluntarily defer the date.

Jayaraman – Without SA we have to protest otherwise we lose our right to negotiate beyond tonight. If we vote for

it or no recommendation. The only way we address remaining issues is by taking a vote to protest that allows us to

negotiate at least next month.

Hoskins – Just to be clear this is an approach I discussed with applicant, this isn’t a surprise; we are working through

the issue. If the applicant can defer, I can accept it.

Loots – It is my understanding that the applicant can have the power to ask to put on hold.

Hoskins - In my motion I can say if the applicant postpones, we will not send letter.

Loots – I can certainly support that.

Flahaven – It sounds like conversation will be continued.

Oldenburg – Asks Hoskins to make motion.

Samolyk – I called ABRA today with questions re: protest based on non-signature of SA. That is not grounds for

protest. Last Thursday someone else brought this up that ANC 6B is going to be held to best standard per ABRA

board. If someone at ABRA is making those statements, they need to know because that is not true.

Hoskins – I move that ANC6B send letter to ABRA opposing the application and reserve the right to protest due to

unresolved concerns related to peace, order and quiet, in particular noise and trash concerns.…further, that we will

not send this letter if notified by the applicant no later than November 20 that they have delayed their application.

Oldenburg – They have to withdraw their application and reapply. Is that true?

Loots – I was under the impression they can put it on hold.

Flahaven – Offer a friendly? ANC 6B move to support referral …peace order quiet….

Hoskins – I want our letter to include our dialogue capturing today’s discussion.

Flahaven – (retries motion) ANC 6B moves to support deferral of this case if …the applicant is unable to defer by

November 20th. ANC 6B protest application based on peace order and quiet. In the letter ANC 6B will note

constructive ongoing dialogue between the applicant and community.

Krepp – 2nd.

Oldenburg – I’m going to vote against this for two reason. 1. We have had plenty of other licenses with new

buildings and we seem to be able to put it all together in time. 2. We get these notices ahead of our meetings and

the work can start, in one case people scrambled and got things done and so I think it can be done. I will be voting

11 | P a g e

mainly I’m not in favor of the process. If there was a SA I would vote in favor. Let me just tell you this letter would

have to go, I’m sorry I’m going to be out of town for a couple of days so that would be alright I will be back in time,

so yes, I can draft the letter.

Matt Frumin – On question to defer, I will be making call Thursday to see if we can push it off for a month in this

case we would have a SA next month. If we can’t do that and is a question of withdrawing and reapplying, then we

will be here again in December to try to win your approval. I don’t think we will put it off for many months. We

will try to get approval either way, December 8th meeting is key from my perspective. On the letter, I hear you, but

the letter is important that we outline the issues we are talking about. It matters to us with include the bullets

because we want all to understand.

Hoskins – This whole approach was jointly discussed with the applicant so I’m intrigued by your view.

Oldenburg – That’s my personal opinion and I get to say it. Either we send a letter to protest, or otherwise, I’m sort

of reluctant to include all this info to ABRA.

Flahaven – I think we have very clearly outlined, it makes sense to continue conversation in community.

Krepp – One of the things I didn’t realize when we got elected a year ago is the amount of time all of us spend

working on cases. We’re doing it without getting paid, seeing our families. I for one would like to say thank you to

commissioners that have spent a lot of time working. Including the two ladies….also thank you to the neighbors.

Because if you had these discussions I want to say thank you for what you did. Its easy to dismiss and say I don’t

want to do this or that but harder to commit. I look forward to working with everyone.

Jayaraman – Key difference – Starbucks don’t allow staff to take out trash in evening. There’s mechanical, etc. Part

of our process it to try to reach agreement with community and applicant. I want to see this follow through and

resolve itself and so we need to protest..

Flahaven call to question – 10-0 approved.

Motion in front 2nd by Krepp,

For: Hoskins, Chao, Krepp, Jayaraman.

Against: Oldenburg, Loots, Hagedorn, Samolyk

Abstain Burger, Flahaven

4-4-2 Motion Failed.

Flahaven – My reason for abstaining is because I am not comfortable opposing motion or protesting the applicant. I

hope the case is deferred. I don’t want to be on record protesting the application at this stage. I abstained thinking

we can get motion through so we move on.

Hoskins – I wonder for commissioners who oppose motion if we would address your concerns if adding language

outlining diligence working process and issues to the letter and that only reason we are protesting is that we reserve

the right, with full understanding we are working towards full SA.

Jayaraman – This seems to be what we’ve done in the past. When we don’t have SA we have voted many times to

protest in order to continue negotiations.

Flahaven – I offer motion ANC 6B move to support deferral of this case; request the continuance of the protest

deadline for a new license from its current date of November 30 to December 14, 2015 and that the Roll Call hearing

12 | P a g e

in this matter be continued from its current scheduled date of December 14 to January 11, 2016, in order to have

more time to work out a Settlement Agreement between the Parties.

2nd Hoskins

Oldenburg – I have been put in an awkward position tonight. Normally we have SA on the table, we may disagree

and vote to protest. We would have document, we can’t support it tonight without having SA this time. That’s my

concern.

Loots – My concern is along the same lines. I recognize logistics get in the way, I see the email traffic and

understand we are close. We have to protect our rights. I think we are falling into something other than own best

practices by using protest because we haven’t reached agreement yet. I don’t want this to be our default. We are

voting in a void basically. I think I can support this amended version because I recognize the need to cover our

basis.

Burger – I’m still conflicted about this but am okay supporting. I would like us to think about an approach for this

agreement where we ask applicant to provide a SA document. I’d rather have something on the table to discuss and

change and amend and vote up or down on. I find this frustrating because this is incomplete and we’re kicking can

down the road.

Matt Frumin – I wonder if we can waive the deadline for you to protest. We will produce a SA for December 8

meeting and if you turn it in on the 9th it would be late but we ..

Oldenburg – We absolutely positively have to have a SA in December. I’d like to ask for votes on existing.

Jayaraman – Next month we’re going to have Trader Joe’s before us. Almost two years before they open. And we

have to vote on it….or not…that’s my point. I don’t want to protest Trader Joe’s but if we’re going to put this rule,

two years before I see anything, I’m not going to support it.

Oldenburg -I’m asking for vote on Flahaven motion seconded by Hoskins

Support: Flahaven, Hoskins, Hagedorn, Loots, Chao, Krepp, Jayaraman

Oppose: Oldenburg, Samolyk

Abstain: Burger

Motion passed, 7-2-1

7. Planning & Zoning Committee

DDOT Tracking #113021, 1200 Water Street SE: paving, ADA curb ramp, sidewalk(s), landscaping,

stormwater management with curb drain for a CNG station: Washington Gas. PSC Hearing:

November 19, 2015

Burger – Moved we recommend ANC support application, so before us is motion to support.

Oldenburg - Discussion?

Trisha Vaughn – Representing Washington Gas: We are working with public space commission on ADA, drainage,

and welcome discussion hope to support.

Krepp – Last week I asked you how many trucks coming…

13 | P a g e

Vaughn: I dug around, there was no forecasting in prep by company. The actuals, in the last recording month 110

transactions, 47 of those were public access, rest wash gas vehicles. 4 vehicles or less a day at that station.

Krepp – Thank you,

Oldenburg – We have a motion that doesn’t require 2nd.

Favor: Oldenburg, Flahaven, Chao, Burger, Hagedorn, Loots

Oppose: Hoskins, Krepp

Not Voting: Jayaraman, Samolyk

6-2, passed.

DOH Certificate of Need (for primary care facility), Community Connections (CC), 801

Pennsylvania Avenue SE

Rebecca Wilson Berley w/ Community Connections – We brought 5 of our colleagues so we can know each other

better. One of the things this conversation bleeds into is other than CC and with personal connection in community.

I put something together that has some overlap from last week. One thing I didn’t say last week and was mistake on

my part was alarming statistic. People who have serious mental illness on Medicaid die on average 25 years earlier.

We are trying to add into primary care services so that some of our consumers who don’t go to Primary care or aren’t

working or liking them, they can come to CC and be able to become healthier individuals and productive members

of society. We are not talking about reno, increasing overall number of consumers we serve, building is at capacity.

We have taken actions since we last met mixed into the list on back of the sheet I handed you all. We have request

from neighborhood safety officers wear jacket that can be identified by neighbors. We are ordering those. An

individual admitted to dealing drugs in area and we have discharged that person from our services. One referral

from Dept of Behavioral Health we did not accept because given that person’s behavior and neighbor’s concerns, we

turned him down. We are going to attend the meeting at the park and also coming safety meetings. We’re starting to

talk internally about how we can be good neighbors. Some folks were here last week who mentioned concerns of

feeling unsafe in front of our building. I took that to heart, because I don’t have that concern, but if some want to

stand up front and visit with me, we want to help make people feel more comfortable and talk.

Oldenburg – I want to read you something before we have discussion. Question re: 3 year term of cert of need. Mr.

Queen of DoH told me on the phone no limitation. Then I read regs and law and revisited with him. Cert of need

are valid until facility service becomes operational. Once it is operation the Certification of Need (CoN) is no longer

needed. If hospital plans to build new wing, CoN is valid for 3 years. In case for Primary Care, usually does not

take that long to build out space.

Samolyk – I was one of the people who were skeptical last week and thank you for coming tonight for these steps. I

want to give chance to prove themselves, I believe in that. I want to thank you for taking to heart and taking these

steps. I will definitely make point to come by.

Hagedorn – Thank you appreciate you are reaching out to community. Kudos to you look forward to you coming

Chao - Regarding your indicating that foot traffic would not increase, how can you be sure of that? If you are

providing for primary care, say after the patient has completed treatment, will you kick them off before accepting

new clients? Will DC Department of Health monitor and force people off your service list?

Berley: Behavioral health services includes both mental health and substance abuse. In terms of..it is true CC is not

Hotel where you can come and leave. If you didn’t need mental health services, would you still want to go there?

14 | P a g e

We’re talking about serving ultimately a few hundred over one year. I hadn’t really thought about that. We are

serving those who haven’t engaged in other Primary services, they are likely to be in our behavioral health services

for some time. There was comment last week about foot traffic some were worried someone come in one day and

another, doubling traffic. Our patients typically are on extremely limited income, would come once to receive many

treatments, and don’t have means to come and go throughout the week, or month.

Chao – Regarding DoH Certificate of Need. I understand that there must be some form of notification to the

community and I am unsure whether that is under the responsibility of the DC DoH or whether ANC initiates and if

this discussion tonight qualifies as requirement of community notification. Where is DC DoH? Don’t they have a

duty to conduct a public meeting with immediate neighbors? What about discussion of triggers; what does it mean

to someone who is seeking treatment for alcohol abuse to have a row of restaurants serving alcohol next door to this

treatment facility?

Berley: Re: Cert of Need application – I read is to report in our application what conversation we have with ANC

and community and then they take into account. Our motto is community integration. We are over 30 years old;

move from institutional setting into community, teaching people to move into recovery. This comes a lot with folks

who go across town where there aren’t triggers. We work with people within choices to have self-direction, we also

try to teach people to have skills that they can live anywhere.

Loots – I am disappointed we’re having this dialogue independent of cert of need and now flashpoint of change of

mission. I do want to communicate strongly you have initiated a conversation here, responded to specific concerns.

Others will arise, and ongoing. In fact we found a dozen of your clients particularly problematic and address those

on case by case. You have 12 new and some will have issues as now. Currently we don’t have recurring vehicle to

dialogue with your group I’d like to start that and continue that. The presence as laudable as your mission,

historically, the presence of your org, the transportation issues, loitering, nearby merchant issue, have escalated

dramatically. I’m glad you are here today and making efforts. It is essential your entity becomes a big player in the

community.

Berley: we can’t agree more we want to prove and hsow you we will be present.

Oldenburg – I want to say if it hadn’t been CON, I wanted to get them to start dialoguing with us. I don’t intend for

this to end tonight.

Navid – Director of supported employment program (CC): We work with a lot of consumers to find job. This has

immense impact on behavior. Several of our clients are actually working at stores within the community. There’s

collaboration between us and store owners and clients. With that said we are hoping this is just the beginning and

not the end. We would like to continue collaboration and become part of the solution.

Joe Tarantolo – Psychiatrist, office across street from CC. Question – 3 years ago CM Wells used his influence to

have Community Connections remove the benches in front of 801. Why was that request made?

Oldenburg – I remember as ANC, talking with Ken Jarboe. Those benches were never permitted for public space.

Tarantolo – What was the underlying reason? Let me answer the question. We just heard one of the functions of the

organization. You have services provided. For those of you, I pass by there 10 times a week. Have you noticed the

activity. There is talking laughing, hugging, tenderness, it is actually quite nice. What’s the service being provided?

The service being is that it is a hangout. Personally hangouts are extremely important. E.g. , American Legion on

3rd is Veterans’ hangout. I think 50 to 100 of your clients need a proper hangout and they are never going to get it at

801 Penn. 3 years ago benches were removed due to multiple complaints because it was so intimidating they didn’t

want to walk the gauntlet. Maybe they shouldn’t have been but they were. They would’ve been intimidated if

Veterans at American Legion said the same thing to walker by. We didn’t have complaints by CAC in carriage

15 | P a g e

house because it was a well run hangout. CC will never have a well run hangout. With all do respect what they are

doing now is that they aren’t going to solve problem because they won’t acknowledge that is main service they are

providing to 100 of their clients. It is not a good hangout, a safe hangout, or good for neighborhood, because it is not

honest. All of us go to services and we don’t hangout at where we go for services. If we encourage them to

continue, we are not addressing the problem that they are a dysfunction organization that does not do their work at

801 Penn.

Krepp – As a member of the Am Legion, yes it is very lovely location and I, like my fellow Vets want to be very

careful with what you just said. I hope to never have to hear “walk the gauntlet” by Am Legion. I’m a little

concerned by characterization and want that be on the record.

Oldenburg – I would like to make motion and move the letter draft in packet to be sent to DoH. 2nd Burger.

Oldenburg in response to audience request - summarizes letter to audience orally.

Chao – I’d like to reiterate that I cannot support this motion because I unfortunately have not yet heard clearly and

have not received a concise answer as to how this CoN and by providing primary care to existing and new patients,

CC will not see its foot traffic increase. As I still do not know who would check and regulate to ensure that CC does

not increase foot traffic. Does someone stand at the door? Does CC send info to DC DoH on number of patients

they see? Would they cease to operate if DoH determines their foot traffic has increased? Does CC commit to

kicking clients out once treatment for substance abuse is complete?

Berley: Because consumers have choice, they usually can stay as long as medically necessary. We inside the

building are providing Medicaid billable behavioral health services. There are folks who move out of our system

and there are new folks who come in. Any kind of new programming whether it be outside or inside our scope. We

can increase behavior health program without discussion, but we only still have so much room in the building. All

of these things we look at together.

Krepp – For transparency purposes I know Rebecca for about 10 years, our kids are in the same program. I trust her.

That’s why I am going to be abstaining due to personal relationship. There were a lot of statements made tonight

about problems and I don’t think Rebecca has the opportunity to ignore those. I would imagine that she is going to

be having a lot of meetings over the next few months. I don’t see this one letting up. I would encourage you guys

talk to her and hold her feet to fire if you have questions.

Jayaraman – What strategies have you considered initiating which would encourage loitering individuals to gather

and meet or congregate inside?

Berley: There is a very large waiting room in our ground floor. The programs inside our building, no one would pay

us to hold a social based drop in center. As much as I agree it would be great for us to create something like that.

Our clients are involved in church groups and can’t afford to meet at restaurants like I can afford it. They are

usually, the majority of people are hanging outside are for duration of cigarette break or waiting for ride to get to

medical facilities.

Hoskins – To Oldenburg: Thank you for drafting the letter, question about paragraph 3 which begins with the word

recently. I don’t think the concerns we have mentioned are recent. I ask that this change to long standing concerns.

As a friendly amendment, if the Chair will accept.

Oldenburg – No problem if everyone accepts.

Flahaven – Vote to call to question. 10-0 approved.

16 | P a g e

Oldenburg – Motion is amended

Support: Oldenburg, Flahaven, Hagedorn, Hoskins, Jayaraman

Oppose: Chao

Abstain: Krepp, Samolyk, Loots

5-1-3, Approved.

Rock ‘n Roll DC Marathon 2016: Diane Romo Thomas & Ann Chisholm

Burger – Recommendation from Committee is to support condition on receiving additional information.

Loots – The first time I ever said something nice about WMATA. I asked for and we have received an honest to

God plan from WMATA, is it full from my wishlist, probably not. But WMATA has taken this seriously, put effort,

made specific commitments. And this is exactly the kind of commitment I was looking for. I am satisfied. Will it

come off as planned? Time will tell.

Krepp – I think this is a crap plan and feel like living 4th July all over again. WMATA said to me hey we will have

extra people, and you know what? Staff weren’t there, escalator broke, and it became a promenade at midnight.

I don’t think this is sufficient. I’m frustrated because Ms. Romo and I had conversation about having extra buses, so

to avoid overload. As everyone leaving we’ll have drunks show up because this is same day as Shamrock Festival.

We can have about 40K people use this station in a few hours. We had conversations and it wasn’t included. I’m

hearing WMATA propose the same solutions of the past. They failed last year. Let’s be very public. WMATA

isn’t here because they didn’t have to show up.

Flahaven – I think applicant and WMATA put in effort here. They took a beating at Planning and Zoning meeting

and last month too and provided information to us. I think it is clear Commissioner Krepp isn’t going to support, so

don’t support. We have a credibility problem because we ask for info and I’ll support and call question.

Flahaven Call to Question:

Support: Flahaven, Oldenburg, Hoskins, Burger, Hagedorn, Loots, Samolyk

Oppose: Chao, Jayaraman, Krepp

7-3 approved

Krepp – Procedural question – I said I was putting a motion to oppose.

Flahaven – I didn’t offer.

Krepp - Brian are you seriously telling me I need to speak faster than you in order to ask a vote?

Flahaven – I felt it was pretty clear there was support from majority. If not we can debate your offer of majority

Loots – If this motion fails, then you can offer your motion.

Hoskins – Can I withdraw my call to question vote?

Oldenburg - All in favor of Flahaven motion: Samolyk, Burger, Hagedorn, Loots, Flahaven, Oldenburg, 6-4.

Krepp – I’m leaving you guys. I think this is a bull shit practice. You guys are putting my residents at risk.

17 | P a g e

Vote on RnR Marathon:

Support: Oldenburg, Flahaven, Loots, Hagedorn, Burger, Samolyk

Oppose: Chao, Jayaraman

Abstain: Hoskins

6-2-1, Approved

ZC Case #04-33G, Amendments to Chapter 26, Inclusionary Zoning. Hearing: January 28, 2016

Burger – Move and table this to next month’s agenda. By Unanimous Consent, approved.

8. Transportation Committee Report (November 4, 2015)

Oldenburg – Only thing to raise is that motion to committee didn’t include me to testify on our behalf. I was going

to raise that we move that the Chair testify on Thursday night on behalf of street scape project.

Hoskins 2nd

Support: Oldenburg, Flahaven, Chao, Hoskins, Hagedorn, Loots, Burger, Jayaraman

Absent: Krepp, Samolyk

8-0, Approved.

Hoskins – is there a Committee you serve on related to VA Tunnel? I request you submit report from to committee.

Oldenburg – I can do that. I can circulate minutes from those meetings.

9. Hill East Task Force Report (October 28, 2015)

Oldenburg – in packet, agreed.

10. Outreach & Constituent Services Task Force Report (October 15, 2015)

Oldenburg – in packet, agreed.

11. Financial

Treasurer’s Report

FY 2015 3rd Quarterly Report to DC Auditor

Motion to approve quarterly report, by Hoskins, 2nd Loots. Approved 8-0-1 Jayaraman abstain.

(krepp absent)

Hill Center Use Agreement: October 15, 2015 to December 31, 2016

Hoskins – My only concern is that this isn’t necessarily final. We can sign this if you guys like it re: Hill Center

Contract.

Burger – I don’t support their request that all meetings go through our Chair. I understand it is easier with them.

18 | P a g e

Oldenburg – Let me explain. They wanted in there, it only pertains when e.g., my meeting isn’t going to fit into

Fragers and we need another room. They wanted a point of contact from the commission. But if you want to rent a

room, rent a room.

Burger – I will often email them the morning of the meeting and if they want to move away from that, I don’t want

to email you the morning of and not get a hold of the point person.

Loots – Suggest “the chair or the chair’s designee”.

Hoskins – Move Commission support contract and allow Chair and Treasurer to enter final negotiations in text with

minor changes related to who can request meeting.

2nd Jayaraman.

Loots – Friendly to amend to state we authorize Chair and Treasurer to execute contract upon terms and conditions

to which they make discretion…

9-0 approved.

12. ANC 6B 2016 Meeting Calendar

Flahaven move to adopt 2nd Hagedorn.

Burger – Make comment if someone can verbally commit to working with me if I can swap a committee meeting

night.

Flahaven – Let’s approve it tonight and discuss at future meeting.

Oldenburg – Vote on calendar as amended 9-0 approved.

9:57p: Declare meeting temporarily closed.

10:30p: Meeting commences

13. Adjournment

10:30p: Flahaven moves we adjourn until November 8. Approved.

page 1

ADVISORY NEIGHBORHOOD COMMISSION 6B

PLANNING AND ZONING COMMITTEE MEETING

Committee Report

December 1, 2015

Commissioners present: Burger (chairing), Chao, Flahaven, Krepp, Oldenburg, Samolyk

Resident Members (RM) present: Danks, Frischberg, Jarboe, Jeffords

1. HPA #13-566, 1220 Potomac Avenue SE, new construction/revised plans: Todd Ragimov

(owner)

The developer presented revised plans in response to HP feedback. Changes include modifications to the

front façade, relocation of meters (below grade), and relocation a/c condensers to the roof. Neighbors

expressed continued concerns over building height and its setback from the rear property line.

Commissioner Chao moved (seconded by RM Jarboe) to take no position pending additional

information on the rear elevation and sight lines from Eye St. The motion passed 9 to 0.

2. BZA #19153, Rear 1524 Independence Avenue SE: David Crowley, President, Capital

Properties Group. BZA Hearing: January 12, 2106 [10]

Application of Independence Avenue Investments LLC, pursuant to 11 DCMR § 3103.2, for a

variance from the off-street parking requirements under § 2101.1, to commit parking spaces to a

car-sharing service in the R-4 District at premises (rear) 1524 Independence Avenue S.E.

(Square 1072, Lots 2025-2032)

The question in this case is about the allowed use of parking spaces adjacent to the residential buildings

on Independence Ave, specifically whether those spaces should be tied to the residential buildings and

whether those spaces can be used for commercial car share service use. Neighbors in the condo building

expressed concerns about trash and noise associated with the car share service, including noise from car

cleaning service that operates late at night. There was confusion about what the ultimate BZA case will

be, given uncertainty about the parking requirements for 1524 Independence and whether use for a car

share service requires BZA approval. The applicant agreed to request to delay the case.

Commissioner Krepp moved (seconded by RM Frischberg) to take no position and request the applicant

ask the BZA to reschedule the case to February. The motion passed 9 to 0 (1 abstaining).

page 2

3. ZC #15-12, 1401 Pennsylvania Avenue SE PUD, Draft Memorandum of Agreement [06]

Commissioner Burger provided an update on the PUD subcommittee’s work on the 1401 Penn PUD.

The Subcommittee has developed a priority list of benefits and amenities and draft MOUs related to

construction management and building use management. Commissioner Burger will continue to work

with the community and CAS Riegler to prepare a full draft MOU for review at the commission’s

January meetings.

4. ZC Case #04-33G, Amendments to Chapter 26, Inclusionary Zoning. Hearing: January 28,

2016

Commissioner Burger reviewed the proposed letter from ANC6B to the Zoning Commission expressing

qualified support for the IZ amendments proposed by the Coalition for Smarter Growth.

Commissioner Flahaven moved (seconded by RM Danks) to recommend the ANC submit the letter to

the Zoning Commission and place the item consent agenda. The motion passed 6 to 1 (3 abstaining).

5. Public information signage for development projects in ANC 6B.

Commissioner Burger reviewed work he has done to develop a template for signage that developers in

ANC 6B can post to provide consistent, clear information about their project to community members.

The committee reviewed the draft sign and provided feedback, including concerns about posting work

hours (and the need for a note that hours are subject to special condition or change) and the need to write

out “DCRA.” The committee agreed that a good plan is to test out the work hours language on the

Buchanan School project to assess whether it promotes clarity or raises unnecessary issues.

Commissioner Burger will work with the Insight Property Group to finalize the template, and the ANC

will make the template available to developers and encourage use.

Page 1

HILL EAST TASK FORCE MEETING Date: Tuesday, November 17, 2015 Time: 7:00 – 8:30 p.m. Location: St. Coletta of Greater Washington, 1901 Independence Avenue SE Topic: Hill East Development – an update from Donatelli Development and GTM Architects Commissioners Present: Nick Burger (6B06) Resident Members Present: Brynn Barnett (Chair; 6B10), Katie Donahue (6B09), Andrew Johnston (6B06), Deb Powers (6B09), Pat Taylor (6B09) Meeting Overview: Brynn Barnett welcomed attendees and, prior to introducing the topic and presenters, polled the audience regarding the means by which they had learned of the meeting. Of the responses, approximately half reported reading a post on the “NewHillEast” listserv and one-third learned of it through a flyer drop, while half a dozen read about it on Commissioner Flahaven’s blog, and only a few via Facebook. Representing the Hill East Development at the meeting were Larry Clark of Donatelli Development and Colline Hernandez-Alaya and Kim Lee of GTM Architects. The Hill East Task Force previously heard from Mr. Clark at its June 2015 meeting, and he returned along with the project’s new architect to preview Hill East Development design drawings prior to Zoning Commission submission, as well as provide an update on the current anticipated timeline for the project. Highlights of the Donatelli/GTM presentation included:

The development team has met with DC’s Office of Planning, which provided supportive feedback for the project. Submission to the Zoning Commission (ZC) is planned for December, with a hearing expected in February. It is expected that ANC 6B, as an affected ANC, will take up discussion of the submission at its January Planning and Zoning Committee meeting and subsequent ANC meeting. (As the project is located in Ward 7, ANC 7F will also provide its feedback to the Zoning Commission.) Following ZC action, the team will move on to the construction drawings and permitting process. The project’s infrastructure partner will be working with DDOT and the city on needs, including buildout of roads and electric/water/sewer/gas supplies to the property.

GTM provided a comprehensive review of the revised design drawings for the F1 and G1 parcels of the Hill East Waterfront Development. The building on the F1 parcel (bordered by 19th, Burke and C Streets) will be four stories with 12,000 square feet (sf) of retail space and approxiately 100 apartments. On the G1 parcel (bordered by 19th and C Streets and Massachusetts Avenue), a larger building ranging from four to seven stories (due to grade) will have approximately 20,000 sf of retail and 255 apartments. Per the LDA, 30 percent of the units will be allocated to affordable housing for those with income levels at 30 and 60 percent of AMI.

The overall design of the buildings’ façades is intended to pick up existing character of the community. In addition, landscape and exterior design elements aim to create active urban space areas and support community gatherings. Community art is envisioned as a focal point/anchor of the development’s main corners.

Following the presentation of design drawings and development features, the floor opened to questions from the Task Force and community. Areas of discussion or concern included the retail occupants and availability, infrastructure aspects such as extension of Burke/C Streets and utility access, concerns about

Page 2

construction traffic as well as potential for traffic flow issues following completion, the relationship and coordination with RFK Stadium planning efforts, issues related to proximity of the homeless shelter/jail and social services, and more. Highlights of the discussion included:

Retail: Many aspects of the development’s retail component were discussed, including types of retail, occupancy by local businesses, location of retail space, etc. Initially, they had hoped to secure a 60,000 sf Harris Teeter grocery store, but that fell through in the spring. The current expectation is four to five local and national retailers, such as a Dunkin Donuts, fast casual restaurant(s), and potentially a gym (which could occupy 20,000 sf in the G1 parcel, and perhaps result in the further addition of retail space). Community concerns in response to the description focused primarily on the interest of attracting local businesses to the site rather than all national chains, to which Mr. Clark was receptive. (The community is encouraged to provide suggestions via the Task Force, their ANC Commissioner or directly to Larry Clark via larry@dkdevelopment.com. Additionally, given the fact that selling retail space may be a challenge in the current environment, Commissioner Burger suggested that Donatelli/GTM consider flexibly programming spaces now that could be changed/adapted in the future when development is more advanced. Finally, a community concern centered on the planned retail frontage for the G1 parcel down Massachusetts Avenue, the lack of which may be in conflict with master plan guidance.

Infrastructure: The overall infrastructure plan tries to anticipate future needs and will help further development of Hill East. Questions were raised about the Burke extension; it will be done in consult with DDOT and all street extensions around parcels completed with building construction. In addition, a private road will be located behind both buildings for loading and deliveries.

Parking/traffic: The number of parking spaces has remained consistent with previous plans (approximately 220-225). Questions were raised about issues, such as whether 19th Street would become a two-way street. It was noted that this issue and other parking/traffic questions will surely arise during Zoning Commission hearing, and also that the impact of construction traffic on the surrounding neighborhood will be mitigated as much as possible.

RFK Stadium: It was suggested that development efforts be done in coordination with RFK Stadium planning/studies.

Proximity to shelter/jail/social services: Regarding the proximity of the shelter, it is approximately 100 feet from the east end of the F1 building.

Affordable housing: A participant noted that ANC 7F had previously wanted three-bedroom apartments as part of the site, but there was little feedback or discussion about the topic.

Miscellaneous: Suggestions from the community included site design aspects, such as use of historic lampposts, placing Hill East flags on lightposts, added street beautification efforts, and a question about the possible development of athletic fields on adjacent acreage.

Brynn Barnett concluded the meeting by again reminding attendees that they can communicate concerns or comments about the development directly with their ANC Commissioner, whose contact information can be found by visiting www.anc6b.org. ANC 6B Commissioners may also be reached via general email at 6b@anc.dc.gov. The next meeting of the Hill East Task Force is planned for January; however should need arise a meeting may be possible in December.

page 1

Advisory Neighborhood Commission 6B

OUTREACH & CONSTITUENT SERVICES TASK FORCE November 2015 Report

Outreach & Constituent Services Task Force Meeting Date: November 12, 2015 Time: 7:00-8:30 pm Location: Hill Center, 921 Pennsylvania Avenue SE Topic: Public Safety Task Force Members in Attendance: Brian Flahaven (chair – 6B09), Diane Hoskins (6B02), Jessica Kahan

Chair Flahaven opened the meeting. Attendees discussed a meeting organized by Commissioner Hagedorn (6B05) and Seth Shapiro of the Mayor’s Office earlier that afternoon to discuss safety in the 9th & Penn Ave SE park, noted for its plastic children’s toys. Representatives from Barracks Row Main Street and Community Connections attended the afternoon meeting which was described by attendees as productive. Attendees and members of the task force thought it would be a good idea for the commission to create a subcommittee of the Outreach & Constituent Services Task Force to focus on issues in the 9th & Penn Ave SE park.

RECOMMENDATION: The task force recommends the creation of the 9th and Pennsylvania Ave SE Park Subcommittee. Vote was 3-0.

An attendee raised concerns about the increased presence of homeless individuals on the northern side of Pennsylvania Ave SE. Concern about public safety, urination and trash. Commissioner Hoskins noted her awareness of the issue and limitations faced by both the city and MPD to address the problem. Most homeless individuals on that block refuse city services and there is little to no evidence that their presence has led to increased crime. Commissioner Hoskins plans to continue working with the city, MPD and the individuals on a solution.

The task force discussed how to increase the value of and participation in Police Service Area meetings. A few attendees mentioned a desire to hear MPD provide more updates on high profile cases at PSA meetings.

To help increase awareness and participation, the task force discussed the idea of creating an info sheet on PSAs that would be distributed to all residents in ANC 6B. The sheet would include a PSA boundary map, relevant PSA meeting dates/times/locations and the names of key contacts. ANC 6B could prepare, copy and distribute the info sheets either by door-to-door distribution or mail.

The task force continues to like the idea of a standing spring community public safety meeting, perhaps followed by an additional Neighborhood Watch training session.

The task force also suggested ANC 6B consider drafting testimony for MPD’s spring performance oversight hearing in front of the DC Council.

Adjournment

Meeting adjourned at 8:35 pm.

2015 Future Meetings Dec. 10, 2015

Hine Community Advisory Committee (CAC) Meeting #25 12/4/15

The 4 week look-ahead for Clark Construction & McCullough Construction:

Excavation should be complete within next four weeks with the removal of the ramps.

Tower cranes are being erected with the 8th Street crane done by 12/4/15. Work on the 7

th Street crane to

begin on 12/7/15. Revised tower crane agreements with correct addresses are being sent out.

Tie-in with water in the north alley was completed on 2/4/15 and backfill and patch was completed on

12/5/15. Tie-in with water on 7th Street is pending on DC Water schedule.

Installation of concrete footings began on the north end and will continue to the south end. Building the

structure to grade should be completed by March 2016. The structure above grade is on track for

completion in June of 2016 with façade installation competed May to December 2016 and unit and

retail/office openings Q2 2017.

ECS & Schnabel continue vibration monitoring and posting results to the 700 Penn website. There have

been no spikes reported recently.

Completion of the construction fence as shown on the traffic control plan is targeted for January 2016. A

copy of the planned fence construction is being provided to the Saturday and Sunday Flea Markets for

consideration.

Vector control of rodents continues. ANC asked that SEB assist DC with removal of rat carcasses.

Dust control also continues and the Dust Control plan is posted on the website.

Temporary power will be used for construction activities through the excavation phase. Semi-permanent

lighting will commence after the excavation phase. It was requested that the site lighting posted at the

north alley and 8th Street be adjusted so as not to blind drivers entering the alley from 7

th Street. The 8

th

street temporary power installation is pending PEPCO approval. The 7th Street should be done soon

pending PEPCO. Based on the daily rate for running generators for the cranes it is in the developers best

interest to get the temporary power installed.

ANC & resident members requested that the developers enforce CMA parking for construction workers

and trucks; inform Vulcan Concrete of approved traffic routes especially regarding 7th Street on Fresh

Tuesdays.

The next CAC meeting is scheduled for 1/8/2016. A site walk-around is scheduled for 12/21/15 at

3:30pm.

GOVERNMENT OF THE DISTRICT OF COLUMBIA Office of Zoning 

441 4th Street, N.W., Suite 200‐S, Washington, D.C.  20001 

Telephone:  (202) 727‐6311  Facsimile: (202) 727‐6072  E‐Mail:  dcoz@dc.gov  Web Site:  www.dcoz.dc.gov 

 

December 2, 2015 

 

Electronic (E‐Mail) Notifications from the Office of Zoning Pertaining to  

Zoning Commission and Board of Zoning Adjustment Matters 

 

Dear ANC Commission: 

 

The  Office  of  Zoning  (“OZ”)  extends  an  invitation  to  your  full  ANC  Commission  to  begin  receiving  Zoning 

Commission  and  Board  of  Zoning  Adjustment  notices  electronically  to  the  official  ANC  government  e‐mail 

address.  This includes Notices of Filing, Notices of Public Hearing, Orders, etc.1 By electing to receive notices 

electronically, your Commission will be making an environmentally conscious decision  that will  save District 

taxpayers a substantial amount of money related to paper, copying, and postage costs.       

 

If you are  interested in choosing electronic notification for your Commission from this point forward, please 

check the appropriate line below and provide your signature.   

 

YES, please send Zoning Commission and Board of Zoning Adjustment notices to the ANC electronically. 

 Number of members that constitutes a quorum:     

 Number of members present at the meeting:       

 Recorded vote on the motion (i.e., 4‐1‐1):      Date of Vote:    

 

Chair/Vice‐Chair Signature:     ANC:    

 

NOTE: If OZ does not receive a response to this letter, you will continue to receive notices by US Mail. 

 

Please return your signed form to Zelalem Hill at DC Office of Zoning, 441 4th Street, NW Suite 200‐S, 

Washington, DC 20001 or zelalem.hill@dc.gov.   If you have any questions relative to the foregoing, please 

contact Zelalem Hill, OZ Special Assistant, at (202) 727‐0312 or zelalem.hill@dc.gov.  

 

Sincerely, 

 

 

Sara Bardin 

Director  

 

                                                            

1   Please note, the electronic notice will refer you to the Interactive Zoning Information System (IZIS) to review the 

application/case record. 

PROPOSED CHANGES SHOWN IN RED Page 1

Advisory Neighborhood Commission 6B 2016 Meetings Schedule

All meetings begin at 7:00 pm. The Planning and Zoning Committee meetings are held in the cafeteria at St. Coletta of Greater Washington, 1901 Independence Avenue SE. Alcohol Beverage Control Committee, Transportation Committee, Outreach & Constituent Services Task Force, and Executive Committee meetings are held in the Frager’s Conference Room on the 3

rd Floor of the Hill Center at the Old Naval Hospital (Hill Center), 921

Pennsylvania Avenue SE. Full Advisory Neighborhood Commission (ANC) 6B meetings are held at the Hill Center, usually on the 1

st Floor. The dates of task force meetings and locations are posted at least 7 days prior to the

meetings on the ANC website. NOTE: If the DC government is closed on the day of an ANC meeting, the meeting will be rescheduled. KEY: ABC = Alcohol Beverage Control Committee EC = Executive Committee Full = Full Advisory Neighborhood Commission 6B P&Z = Planning & Zoning Committee TC = Transportation Committee O&CS = Outreach & Constituent Services Task Force HETF = Hill East Task Force

January P&Z: Tuesday, January 5 ABC TC: Wednesday, January 6 ABC: Thursday, January 7 P&Z Full: Tuesday, January 12 EC: Tuesday, January 26

February P&Z: Tuesday, February 2 TC: Wednesday, February 3 ABC: Thursday, February 4 Full: Tuesday, February 9 EC: Tuesday, February 23

March P&Z: Tuesday, March 1 TC: Wednesday, March 2 ABC: Thursday, March 3 Full: Tuesday, March 8 EC: Tuesday, March 29

April P&Z: Tuesday, April 5 TC: Wednesday, April 6 ABC: Thursday, April 7 Full: Tuesday, April 12 EC: Tuesday, April 26

May P&Z: Tuesday, May 3 TC: Wednesday, May 4 ABC: Thursday, May 5 Full: Tuesday, May 10 EC: Tuesday, May 31

June P&Z: Tuesday, June 7 TC: Wednesday, June 8 ABC: Thursday, June 9 Full: Tuesday, June 14 EC: Tuesday, June 28

July P&Z: Tuesday, July 5 TC: Wednesday, July 6 ABC: Thursday, July 7 Full: Tuesday, July 12 EC: Tuesday, July 26

August P&Z: No Meeting TC: No Meeting ABC: No Meeting Full: No Meeting EC: Tuesday, August 30

PROPOSED CHANGES SHOWN IN RED Page 2

September P&Z: Tuesday, September 6 TC: Wednesday, September 7 ABC: Thursday, September 8 Full: Tuesday, September 13 EC: Tuesday, September 27

October P&Z: Tuesday, October 4 TC: Wednesday, October 5 ABC: Thursday, October 6 Full: Tuesday, October 11 EC: Tuesday, October 25

November P&Z: Tuesday, November 1 TC: Wednesday, November 2 ABC: Thursday, November 3 Full: Wednesday, November 9 EC: Tuesday, November 29

December P&Z: Tuesday, December 6 TC: Wednesday, December 7 ABC: Thursday, December 8 Full: Tuesday, December 13 EC: Tuesday, December 27 20