Author Archives: ljjanezich

Nothing of major import to ANC6B scheduled so far this week.

But……

A New Xavier Cervera Venue Begins to Take Shape from the Old Hawk & Dove – photos courtesy of Maggie Hall

This will be Cervera’s seventh Capitol Hill restaurant (Lola’s, Molly Malone’s, the Chesapeake Room, Senart’s Oyster & Chop House, Pacifico, The Box Car Tavern) with two more planned for the Southwest Waterfront. 

First Floor, look toward Pennsylvania Avenue

Up To the Mezzanine

Zoning Commission Puts Off Final Order on Hine – How Did We Get Here?

by Larry Janezich

Monday night, the Zoning Commission considered the Hine project for some 54 minutes, during which the commission asked the developer – Stanton-Eastbanc – for additional information; asked ANC6B for a final report; and put off issuing a final order for and approval of the Hine project until the commission’s November 19 meeting.

Commissioners want to know why the developer can’t provide for 55 foot trucks to turn around in the loading dock and why there isn’t more complete information on First Source local hiring intentions.  In addition, the commission wants more specific language regarding the developer’s cash donations for improvements to Eastern Market Metro Plaza and a playground in the park bordered by the 800 block of D Street; they want to marginally lengthen the period the affordable housing will remain affordable before becoming market value properties; and they are also seeking clarification of language regarding how bike racks will be treated in the Memorandum of Agreement with the ANC.

Thornier issues like the arrangements for the flea markets and governing of the newly reopened C Street were pushed off to be worked out by other entities.  Commissioner Peter May who had requested an update on the project’s Floor Area Ration (FAR), stated that although the new figures showed an increase, the project was a “reasonable density, overall.”  

A number of community members – and a minority (4) of ANC6B commissioners – believe that the community received relatively little in terms of benefits and amenities from the developer.  Many lay this at the doorstep of ANC6B, but perhaps more responsibility lies with Councilmember Wells – who had several opportunities to influence this development in a direction more favorable to the neighborhood.  Unlike fellow Councilmember Jack Evans, who, like Wells, has expressed an interest in running for mayor, Wells chose not to make demands on the developer before voting on the Land Disposition Agreement.  In contrast, Evans intervened effectively on behalf of the community in Eastbanc’s other controversial project, the West End Library, insisting on the construction of a new library and fire station, and Eastbanc was forced to agree.  When prodded to intervene on behalf of the community in the case of Hine, Wells responded that he would leave the resolution of height and mass issues to the PUD process and the Zoning Commission. 

Also unlike fellow Councilmember Mary Cheh, Wells elected not to testify on behalf of the community before the Zoning Commission.  To do so would have been a highly unusual move and one that Jack Evans criticized as “inappropriate.”  At the same time, Evans can point to the major concessions a councilmember can achieve prior to consideration by the Zoning Commission, and shown a willingness to use that power.  When asked at a community meeting if he would testify before the Zoning Commission on Hine, Wells declined and said he would endorse whatever ANC6B could agree upon with the developer. 

Some critics of the ANC6B’s agreement with the developer suggest the ANC negotiators did not fully use this grant of authority and settled for too little.  And it is true that when ANC6B negotiators Brian Pate and Ivan Frishberg accepted the burden Wells placed on them, they accepted responsibility for the outcome as well.  Without the Councilmember’s active participation, the Stanton-Eastbanc negotiator and then-Eastbanc Vice President Joe Sternlieb – political fundraiser for Mayor Fenty’s primary and general election campaign, co-founder of DC Vote, and now head of the Georgetown BID – had little incentive to make major concessions.  (It is interesting to note that the Fenty Administration awarded two plumb projects to Eastbanc: the West End Library – initially a no bid award until neighbors forced a competitive bid process eventually won by Eastbanc – and the Hine School Development.)

As the process has unfolded, the Zoning Commission appeared – to this observer – less and less engaged with the community organizations and the issues they brought before them.  Some of the Zoning Commissioners appeared to have little familiarity with the submissions from parties, appearing to read them for the first time during the hearing.  And while stressing the need to give “great weight” to the ANC in this matter, the Commission appeared to be paying them lip service rather than giving them their due as the elected officials representing the community.  This attitude seems to often characterize ANC dealings with city agencies.  From the Office of Planning officials, who appear to be helpful to the community without being of any help whatsoever; to the HPRB, who listen politely to community concerns and then give an unqualified thumbs up to greater height and density; to the Alcohol Board of Control (ABC) officials, who allow the ANC to be bypassed by well-placed and well-connected applicants; to the Department of Transportation officials, who often take the ANC for granted. 

Yet some of the responsibility clearly lies with the ANC.  Oddly the coalition of six ANC commissioners who voted to endorse the Memorandum of Agreement with the developer on Hine included the ANC’s three most conservative members: Garrison, Oldenburg, and Metzger, plus three recently elected reformers: Frishberg, Pate, and Flahaven.  Metzger is retiring and one of the two candidates for his seat is a vocal Hine opponent, Randy Steer.  Frishberg and Pate both have opponents who are making the Hine issue central to their campaigns.  Oldenburg, Garrison, and Flahaven are running unopposed on the ballot, though a write in campaign has been launched against Oldenburg.  Flahavan has recently said that while he does not plan to run for councilmember next cycle, he cannot rule it out either. 

After all is said and done, the community will have lost a middle school (closed with only token public input, and arguably with little input solicited from the families Hine was serving at the time), lost a reasonably sized and reasonably dense Hine Development project, lost much of the flea market as we know it and lost much of the diversity and character which has been the fabric of our neighborhood.  And readers will remember that the many here supported the more attractive and better funded proposal of another developer for the Hine Development in the first place. 

As Tommy Wells contemplates and organizes his run for mayor, he may well want to reflect on how well he has performed as a steward of one of the most beloved and best known areas of his own Ward.

The Week Ahead…..

by Larry Janezich

Monday, October 15

Zoning Commission meets and will issue its final order on the Hine Development.  6:30pm at One Judiciary Square, 441 4th Street, NW.  Access live internet coverage by clicking the appropriate link located near the end of the list on the right side of the page found at:  http://dcoz.dc.gov/services/zoning/commish.shtm

Tuesday, October 16

CHRS Board of Directors meets at 6:30pm at Capitol Hill Townhomes, 750 6th Street, SE. 

Sunday, October 21

Ward Six Fall Safety Festival, 11:00am – 4:00pm at Brent School.  Proceeds will benefit the Maslin family.  Donations to the Maslin family can be made at the CHAMPS website:  http://www.champsdc.org/

The Week Ahead…..

by Larry Janezich

Tuesday, October 9, 2012

ANC6B Meets at 7pm at Hill Center.

Watch for:

Flea Market.  Vote on resolution supporting closure of the 300 block of 7th Street, SE, for vending purposes during construction of the Hine School Development and letter to Deputy Mayor for Planning and Economic Development on same. 

New Condos in the Historic District.  Vote on Historic Preservation Application for new condo project at 1211 G Street, SE, the old Salvation Army building.

Hine project.  ANC will urge that certain items in the Memorandum of Understanding with the developer regarding the Hine project be included in the Zoning Commission Order on the project, scheduled to be issued on Monday, October 15.  

Letter to the Zoning Administrator regarding change in plan by Douglas Development for the old Kentucky Fried Chicken venue at 1442 Pennsylvania Avenue, SE.

Thursday, October 11

CHRS Board of Directors meets at 6:30pm, Capitol Hill Townhomes, 750 6^th Street, SE.

Brick and Mortar Merchants Oppose Weekend Closure of 7^th After Hine Construction – Want Tax Break While Hine Project Gets Built

by Larry Janezich

Some 30 brick and mortar merchants on the 200 and 300 block of 7^th Street SE will support closure of 7^th street during the construction of the Hine project, but not beyond.  Perhaps remembering this dismal effect of construction of street car lines on H Street on some businesses located there, the 7^th street merchants are proposing they receive a tax break to compensate them for the proposed weekend closure of the 7^th Street to accommodate the flea markets.  . 

Their position was made public last Tuesday night, when the ANC6B Planning and Zoning Committee considered a resolution sponsored by Commissioner Brian Pate to support closure of the 300 block of 7^th Street, SE, on weekends during the construction of the Hine development for the vending.  The resolution recommends coordinating with Eastern Market and the brick and mortar businesses on the 200 and 300 blocks of 7^th Street, and calls for a fair, open and legal contracting process in any operation of market activities on the street done through the Department of General Services or Eastern Market.  The resolution states that revenues from vending activity resulting from the closure will become part of the revenue stream of Eastern Market.  The Planning and Zoning Committee voted 10-0 to forward the resolution to the full ANC and recommended expedited consideration at the October meeting next Tuesday night. 

The resolution was an about face from an earlier version, also offered by Pate, which failed to pass the committee in September.  That version explicitly moved the current flea market managers to the head of the line of prospective flea market operators. 

ANC6B candidate Steve Holtzman spoke in support of the current operators, saying that they know how to run the businesses and there is no other strategy for keeping the flea markets running. Pate responded that the resolution under consideration was driven by what is possible to get through the committee. 

The resolution was in response to a request from the Deputy Mayor for Economic Development and Planning for ANC6B’s opinion regarding the application of the current flea market operators – Mike Berman and Carol Wright – to close the street during the construction period in order to locate the flea markets there. 

Berman later expressed his disappointment with the measure, saying that the sole priority of the resolution is to assure Eastern Market has control of the flea markets.  He said of the committee’s action, “They would rather twist the proposed Eastern Market legislation (which also would give preference to the current operators) than acknowledge the communities’ strong desire for the flea markets to continue in a vastly reduce state.”

The full ANC6B meets Tuesday night at 7:00pm in Hill Center.  In the wake of the stalled Eastern Market legislation and the various unknowns involved in the Hine construction process, there is no clear vision yet for how the weekend flea markets, a much beloved neighborhood institution, will be sustained.

The Week Ahead….

by Larry Janezich

Monday, October 1

CHRS Historic Preservation Committee meets at 6:30pm, Kirby House, 420 10^th Street, SE

Tuesday, October 2

ANC6B Planning and Zoning Committee meets 7pm – 9pm, St. Coletta of Greater Washington, 1901 Independence Avenue SE

Agenda includes:

Historic Preservation application for new condos at 1211 G Street, SE

Closure of 300 block of 7^th Street, SE, during construction of the Hine School

Consideration of Stanton-Eastbanc, LLC’s October 1st Procedural Order Proffer

Wednesday, October 3

ANC 6B Transportation Committee Meets 6:30pm – 8:00pm, Hill Center

Agenda includes:

Traffic Study Request to District Department of Transportation (4th & 5th Streets between East Capitol Street & Pennsylvania Avenue SE)

Discussion of 8th Street SE Pedestrian Crossing Signals at E and G Streets SE

Discussion of 8th Street SE Pedestrian Crossing at D Street SE

Proposal to use Performance Parking Community Funds for the park at 8th Street and Independence and North Carolina Avenues SE

Thursday, October 4

ANC6B ABC Committee meets at 7pm, Hill Center

Agenda includes:

Increase occupancy and operating hours for La Plaza, 629 Pennsylvania Avenue SE

Vacant House at 735 12th Street, SE Has Troubled Neighbors for Years

ANC6B Task Force Takes on Vacant Properties

by Larry Janezich

Thursday night, Commissioner Brian Pate’s Outreach and Constituent Services Task Force met in order to continue exploring ways to deal with the ongoing problem of vacant and blighted properties.

On hand were several residents living in close proximity the property pictured above at 735 12th Street, SE; Kim Graziani of the Center for Community Progress; and Reuben Pemberton, program manager, Vacant Building Enforcement, Department of Consumer and Regulatory Affairs.

Residences within 500 feet of a vacant house lose between 2 and 10 percent in value depending on existing conditions, according to Kim Graziani.  By that measure, with up to 2700 vacant or blighted properties in DC, a significant number of DC residents are affected.

Residents often don’t realize that the city does not automatically monitor and deal with vacant buildings.  Regardless of how long a property has been vacant, it doesn’t start being a vacant property until it comes to the city’s attention in the form or a complaint. 

Once a property is identified, Pemberton can impose a tax on it to motivate the owner to fix or sell the property.  The tax is $5 per $100 of the assessed value for vacant houses and $10 per $100 of the assessed value for blighted houses – an annual tax of $20,000 on a $200,000 property in the latter case.

Enforcement can be a problem, according to Pemberton.  Owners can apply for an exemption from the higher tax for a variety of reasons, including economic hardship and good faith efforts to sell or renovate the property.  However, there is a limit on the exemption:  three years for a single owner and five years for a property.  After that, the city could move to condemn and demolish the property, but that is a long process and expensive for the taxpayer.  Pemberton says the purpose of his office is to get that property functional and to turn abandoned properties into assets.  “It’s not our business to tear down properties, we want to save them,” he said.  But making vacant and blighted properties viable depends on many factors: locating the owner, economic realities (location of the property), and availability of a purchaser.

Pemberton stresses that the Mayor is aware of the problem and wants to do something and   Pemberton has taken the initiative, cobbling together a loose task force involving his office along with representatives of the Deputy Mayor for Economic Development, the Office of Tax and Revenue, and the Department of Housing and Community Development to deal with the worst vacant or blighted houses.

Graziani’s organization – the Center for Community Progress – is a national organization that addresses the issue of vacant properties.  The organization provides advocacy, technical assistance and organizational development services to governments and activists to help implement strategies to prevent and reuse vacant properties.  Graziani lives in the Capitol Hill neighborhood and offered to continue the dialogue both with the ANC Task Force and Pemberton.  For more information:  http://www.communityprogress.net/  At the level of city council, Pemberton cited Councilmember Jack Evans and Muriel bowser as being particularly active on the issue of vacant properties.

To report a vacant or blighted building, email vacantbuildings@dc.gov, or call 202 442 4332.

Marvelous Market Evolves Into The Silver Spork

by Larry Janezich

Seth Shapiro – Managing Partner of “Just Around the Corner LLC” – announced on Monday that after six years as a Marvelous Market, the retail food venue across from Eastern Market would relinquish its association with the Marvelous Market chain and become “the local independent shop we have strived to be all this time.”

Shapiro says, “We have chosen the name ‘The Silver Spork’ and that is a big change, but really not too much will.  We will continue to search for quality products that can be offered in our quick serve environment.”

DC General Counsel Nails Coffin on Changes to Hine Development

by Larry Janezich

The DC General Counsel has found that there is no reason at present to go back to the drawing board on the Hine project.

At a contentious community meeting last May 23, Councilmember Tommy Wells, under pressure from the community,  pledged to ask the DC General Counsel for a legal opinion on whether Stanton-Eastbanc’s expansion of the Hine project beyond what the city initially approved constitutes a violation of the contract with the city which would trigger a rebid of the contract.   The councilmember agreed to do so and to post the opinion on his website.

ANC6B candidate Jerry Sroufe, who is running against current Commissioner Ivan Frishberg for the ANC6B02 seat which includes the Hine project, obtained a copy of the General Counsel’s 14 page opinion and shared it with Capitol Hill Corner.  Sroufe testified before the Zoning Commission against greater height and density for the project.

The “Short Answer” provided by the General Counsel states:  “Neither statutory law, the land disposition and development agreement, nor the zoning regulations provide for a rebid due to changes in design or construction.  Rather the District’s legal framework for land development anticipates changes and provides procedures for changes to be approved or disapproved throughout the development process.

Firstly, the Mayor is required to transmit to the Council for approval any substantive change made in a term sheet after the Council’s initial approval of a development.  To date, no substantive change has been transmitted and, based on available documents, no change has been made to the term sheet.

Secondly, under the agreement between the District and the developer for the Hine site, material changes require approval of the Deputy Mayor for Economic Planning and Development, the Mayor’s delegate; non-material changes do not require approval.

Thirdly, pursuant to its statutory powers, the Zoning Commission, which must approve a planned unit development, has the authority to grant or deny requests for relief from the requirements of its zoning regulations.

Termination of the agreement, by either party, would end the current developer’s development of the project.  Only then might a rebid be necessary.”

City agencies, including the Deputy Mayor’s Office for Planning and Economic Development, the Office of Planning, the Historic Preservation Review Board, and the Zoning Commission have all lined up in support of the project which is the largest commercial development ever undertaken in the Capitol Hill Historic District.  The proposed development generated considerable opposition from nearby neighbors and others who were concerned about the impact of the project on the quality of life in the neighborhood.  It is also fair to say that much of the neighborhood would have preferred a rival bid for the Hine development, one that was smaller, more attractive in the eyes of many, and better-funded.  Since the term sheet has been signed, Stanton/Eastbanc has compiled a laundry list of disappointments for the community:  lost tenants and amenities, including a neighborhood hotel; lost space for the weekend flea market; and greater height and density in the overall project.

The text of the full document, which constitutes a comprehensive review and discussion of the legal steps in the commercial development of city property, can be found in a separate page under the “Pages” directory on the lower right of the CHC homepage, or by clicking the link at the top of the page.

Correction:  The document also appears on Councilmember Wells’ website here:  http://www.tommywells.org/2012/09/posting-of-requ.php.