Author Archives: ljjanezich

June 1, 2012 · 10:08 am

ANC Tries to Take Flea Market Off the Table Before Hine Zoning Hearing – Market Managers Skeptical About Proposed Solution

ANC Tries to Take Flea Market Off the Table Before Hine Zoning Hearing – Market Managers Skeptical About Proposed Solution

by Larry Janezich

ANC6B has scheduled a Special Call meeting on Councilmember Tommy Wells’ Eastern Market legislation for next Tuesday.  The purpose is to consider and sign off on the bill prior to the City Council’s Committee of the Whole hearing on the legislation next Thursday.

The ANC is hoping this will resolve one of the thorniest issues coming before the full ANC6B meeting on June 12 and the Zoning Commission hearing on June 14 as part of Stanton-Eastbanc’s application to change the zoning of the Hine site.  There is widespread unhappiness in the Capitol Hill community over the scaling back of the flea market which will result from construction of the 560,000 square foot Hine development which will occupy almost all of the space currently used by the weekend flea market vendors.

The legislation proposes to address this problem by creating an “Eastern Market Special Use District,” which will include the 700 block of the to-be-reopened C Street, 7th Street between North Carolina Avenue and Pennsylvania Avenue, and the sidewalks and plazas around and adjacent to Eastern Market.  The use of the Special District would be under the control of a newly formed Eastern Market Trust, intended to be the new governing body for Eastern Market.

Last Wednesday night, at a meeting in Hill Center hosted by the Coalition for Smarter Growth, Stanton Partner Ken Golding alluded to a drawing prepared by project architect Amy Weinstein, which lays out a plan for the weekend flea market encompassing 7th Street between North Carolina and Pennsylvania Avenue, the plaza in front of the Natatorium next to Eastern Market, and the Metro Plaza.  Stanton Development has not yet released that drawing, and it is unclear that they will do so, but Golding cited it as providing ample space for the market.

Councilmember Tommy Wells has asserted to flea market vendors, “The legislation does not displace current vendors or reduce Eastern Market in any way – the opposite is true. The flea market [managers] would now have a new right-of-first-refusal to continue in their space and preserve the diverse nature of the market.”

Sunday flea market manager Mike Berman says that “rushing a political solution is not the answer.  What it does is let the developer off the hook.”  In addition, Berman believes, that although the legislation gives him and Saturday flea market manager Carol Wright the right of first refusal, the bill will ask them to rebid on the markets they created, and under terms that remain unknown.  In addition, he said, the bill: 1) fails to guarantee the size of the future weekend markets, 2) fails to define what the flea market will be, 3) fails to define how much space on the plaza the developer will control, and 4) leaves the process for closing 7th Street on weekends uncertain.

The Special Call meeting on the Eastern Market legislation will be held at St. Coletta of Greater Washington, 1901 Independence Avenue SE, on Tuesday, June 5, 2012, at 600pm.  It will be followed by the ANC Planning and Zoning Committee which will consider the Memorandum of Agreement between the ANC and Stanton – Eastbanc which ANC negotiators Ivan Frishberg and Brian Pate were able to reach with the developer.

Last Thursday, the ANC Hine Subcommittee voted to send the negotiators back to the developer with a list of additional instructions.  Commissioner Norm Metzger is expected to challenge the parliamentary validity of those additional instructions on the basis that they had not been considered or approved by the full ANC.

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May 30, 2012 · 1:46 pm

Stanton Stacks the Deck Again to Show Community Support for Hine Project

Stanton Stacks the Deck Again to Show Community Support for Hine Project – Letters to Zoning Commission Fail to Disclose Business Relationships

by Larry Janezich

Since early April, Kitty Kaupp and Stanton Development have been soliciting letters of support for the Hine Development from their tenants, business associates, and friends in the Capitol Hill community.

Most of the letters of support for the project listed on the Zoning Commission’s website are from those who have some business relationship with the developer.  As was the case with the letters of support in favor of Stanton Eastbanc during the selection process before Deputy Mayor’s office, many of these letters fail to state business or personal ties to the developer that would put the writer’s support in proper context.

Some letters from businesses like Randolph Cree, Marvelous Market or Sapore Oil and Vinegar properly identify themselves as retailers in the area, but do not mention that they are tenants of Stanton.  Similarly, Coldwell Banker realtors also do not raise the connection between themselves and Ms. Kaupp, a principal of Stanton who is also a colleague at Coldwell.  In her letter, Mary Lynn Reed says she is an owner of a number of Capitol Hill commercial properties, but does not identify herself as a Stanton partner.

One letter filed with the Zoning Commission inadvertently included a page of instructions, apparently from Stanton, on how to file a letter of support with the Zoning Commission, and requesting that such letters be copied to Kitty Kaupp at her Coldwell Banker email address.  The instructions say that letters should be in the words of the writer and as personal as possible and prominently mention the word “support.”

The instructions go on to provide a list of topics or points that might be included in such letters, including:

High-quality development – a vibrant mixture of housing, office, restaurants and retail

20% of retail space for locally owned business

Will transform and enliven the streetscape

Beautification of the neighborhood

Re-opening of C Street

Architecture harmonious with the surrounding community

LEED Gold

Affordable Housing units

Significantly, there is no mention of supporting the zoning change or exceptions that Stanton seeks, and virtually none of the letters address those subjects.

In all, of the 113 letters of support, there are not more than a dozen that can claim any degree of spontaneity.  Twenty percent of the total is minimal – a single line of support for the project, and most of these submitted over a two day period.  Given that none address the rezoning specifically, it is an open question whether these letters can be counted as support for the developer’s PUD application.  There are also multiple duplicates in the Zoning Commission’s file.  It is unclear how carefully these letters will be scrutinized, or what purpose they will serve in the Zoning Commission’s deliberations.

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May 28, 2012 · 6:26 am

ANC Subcommittee Sends Negotiators Back to the Table with Developers of Hine – First Round Concessions Do Not Mollify Residents

ANC Subcommittee Sends Negotiators Back to the Table with Developers of Hine – First Round Concessions Do Not Mollify Residents

by Larry Janezich

Last Thursday night, ANC6B Hine Subcommittee Vice Chair Brian Pate submitted the final report on what concessions he and Chair Ivan Frishberg had been able to win from Stanton-Eastbanc for the community as benefits, amenities, and mitigation for their proposed Hine development.

The major achievement of the report was the removal of the mechanical penthouse and the top (setback) floor off of the 7th and Pennsylvania Avenue building.  The major failing was that there were no concessions on providing more open space or additional space for the weekend flea markets.

Other details of the Frishberg/Pate proposal included a small subsidized child care facility on or off-site, $50,000 from Stanton-Eastbanc for landscaping at Metro Plaza in connection with the proposed Info Hub being built with Performance Parking funds, a plan for governing the scheduling of events on the to-be-reopened (and privatized) C Street, and no retail on entrance on D Street.

Lead by the resident members of the ANC Hine Subcommittee, a majority of the Subcommittee voted 8-4 to send the negotiators back to win further concessions from the developer.  None of the instructions, however, directly addressed the report’s major failing, lack of any concessions on the part of the developer to provide additional space for the flea market.  While the initial ANC document authorizing negotiations with the developer had much to say on that score and others, Pate displayed a tendency to narrow discussions with the developers to specific details, rather than reopen discussions on the larger issues that have galvanized the community.

Those Subcommittee members who vote for the motion to recommit:  ANC6B Chair Critchfield, Commissioners Campbell, and Carol Green; Resident Members Ken Jarboe, Bill Pate, Steve Sweeny, and Monte Edwards.

Those opposed:  Subcommittee Vice Chair Brian Pate and Commissioners Kirsten Oldenburg, Dave Garrison, and Brian Flahaven.

About 50 residents attended the meeting, and a dozen members of the community spoke at the meeting; all of them highly critical of the proposed development.  In response to the prevailing sentiment, Subcommittee member Roger Tauss of EMMCA offered a motion to recommit the memorandum of agreement with instructions to continue the negotiations on a list of points, including setting back what is now the top floor of the office building, specifying that the child care center be located at 8th and D, and providing a loading dock accessible to 55 foot trucks on 7th Street.  Once it became clear that the motion to recommit held a majority, other members of the Hine Subcommittee added their wish list to the instructions.   Additional language on traffic issues and references to the number of tents for vendors leave the door open for negotiations on the flea markets issue, but it is uncertain that the negotiators are willing to do so.

ANC6B Commissioner Kirstin Oldenburg unsuccessfully sought to weaken the motion to recommit, moving to strike the child care provision (failed for lack of a second), moving to strike the provision to setback the top floor (failed on a 5-7 vote), and moving to strike an instruction to provide that affordable housing residents in the north building have access to the amenities in the south building (failed for lack of a second).

More can be learned about the success of the negotiations from the list of negotiated items which the developer refused to budge on:  lowering the plaza building and the north building, increasing open space or providing public access to the courtyard, providing subsidized office space for a non-profit organization (ANC6B), providing public restrooms, a dog park, and a playground, barring nightclubs from the project, increasing the local retail requirement from 20 to 30 percent, banning bars and restaurants in north building, providing a boutique hotel, and providing a loading dock for 55 foot trucks.  Also falling by the wayside, but one of the top concerns of the neighborhood, was the provision of more space for tents for the weekend flea market.

In response to what is from the community’s perspective failed negotiations and the developer’s rejection of many of their major concerns, one member of the EMMCA Hine Working Group subsequently pushed for new negotiators.  Others urged a renewed lobbying effort targeting Brian Pate and Ivan Frishberg, who now have the additional momentum of Councilmember Well’s endorsement of their efforts.  On the other hand ANC Commissioner Norm Metzger, not present at Thursday night’s meeting, in the aftermath questioned the legitimacy of the motion to recommit.  It is unclear whether Metzger intended his email to his fellow commissioners as a parliamentary challenge.

Judging from the level of interest from the community as evidenced by attendance at recent meetings on the Hine development and the dissatisfaction expressed there, it appears that the degree of support for the developer on the ANC 6B Commission vastly overstates the support for the developer and the project throughout the neighborhood.

The issue will next emerge when the negotiators file an amended report with ANC Commissioner Francis Campbell’s Planning and Zoning Commission on Tuesday, June 5.  On May 31, Stanton-Eastbanc will brief nearby neighbors on the most recent design changes in response to suggestions from the Historic Preservation Review Board on April 26.  On Monday, June 4, Stanton-Eastbanc will make the same presentation to a public meeting hosted by the Capitol Hill Restoration Society, which has emerged as a strong critic of the size and design of the project.   Emmcablog will provide details on and from these meetings in the near future.

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May 23, 2012 · 12:36 am

Tommy Wells to Ask DC General Counsel for Legal Opinion on Whether Stanton/Eastbanc’s Expansion of Hine Project Constitutes Violation of Contract with City

200 of the Capitol Hill Community Turn Out for Meeting with Tommy Wells on Hine Project

ANC6B Commissioner and Vice Chair of ANC6B Hine Subcommittee Brian Pate Listens to Debate on the Hine Development at Tuesday Night Community Meeting

Tommy Wells to Ask DC General Counsel for Legal Opinion on Whether Stanton/Eastbanc’s Expansion of Hine Project Constitutes Violation of Contract with City – ANC Negotiates Height Reduction

by Larry Janezich

At Tuesday night’s community meeting on Hine project with Councilmember Tommy Wells, Well’s agreed to ask DC General Counsel for a legal opinion whether developer Stanton/Eastbanc’s 15% increase over the project’s square footage beyond what they agreed to in the contract with the city constituted a breach of contract.  Ordinarily, developers have a 5% margin of flexibility in the square footage requirement specified in the agreement with the city council.  Increases in mass and height added since the bid was awarded to Stanton/Eastbanc would seem to violate that standard, triggering a possible renegotiation of contract, or even a new bidding process.

At the same time, ANC6B Commissioner Brian Pate, one of the ANC’s negotiators charged with wringing concessions from the developer on behalf of the community, announced a preliminary agreement with the developer including a reduction in height of the project’s 7th and Pennsylvania Avenue office building amounting to some 17,000 square feet.  It was unclear whether this height reduction would bring the project within the 5% margin of flexibility.

Approximately 200 members of the community turned out for an hour and a half of what proved to be a contentious exchange between Wells and representatives of the community who expressed concerns regarding the height, mass, and design of the Hine project; the future of the weekend flea markets; moving the garage entrance to Pennsylvania Avenue; and the privatization and future control of the programming of the to-be-reopened C Street.  In addition to Wells, the main participants in the discussion were Jonathan Welch, representing the community, and moderator Mark Seagraves, of WUSA and WJLA News.

The issue of accountability dominated the meeting, with residents voicing their expectation that Wells should be held accountable for righting a project many find unacceptable, and Wells repeating his previously announced position that the ANC has legal party status in the Zoning Commission PUD proceedings and that he will stand behind the ANC, but not get between them and the Zoning Commission.

Brian Pate, Vice Chair of ANC6B’s Hine Subcommittee, in addition to the height reduction, also announced that although the negotiations with the developer have not been finalized, the developer had agreed to subsidize a child care center in the development to the tune of $160,000 as well as provide $50,000 in improvements to Eastern Market Metro Plaza.  Pate and ANC6B Commissioner Ivan Frishberg, who chairs the Hine Subcommittee, have been the lead negotiators regarding benefits, amenities, and mitigations with Stanton/Eastbanc.  Wells hinted that DDOT would find the amount of parking provided in the project excessive, contributing to additional traffic in the neighborhood.  That is a ruling the developer’s might welcome, since below ground parking is expensive and has little payoff.

The final report of the ANC negotiators and additional developer concessions will be revealed at this Thursday night’s ANC6B Hine Subcommittee meeting at 7:00pm in Hill Center. Wells, perhaps reading the degree of unhappiness among his constituency at the heart of Capitol Hill where his political career began as an ANC6B Commissioner, suggested that the ANC might have to go back to the developer for further concessions.  Pate suggested that one option for the Subcommittee would to send the negotiators back to the developers with specific instructions.

The Zoning Commission will hold the first of several PUD hearings to consider Stanton/Eastbanc’s request for a zoning change to accommodate the project’s greater height and density on June 14, at 6:30 pm.  The hearing will be in Room 220, 1 Judiciary Square, 441 4th Street, NW.

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May 20, 2012 · 10:53 pm

The Week Ahead….

The Week Ahead….

by Larry Janezich

Monday, May 21

Public Meeting on the environmental impact statement for the CSX Virginia Avenue Tunnel Project, 6:00pm – 8:00pm, at Nationals Stadium.

Tuesday, May 22

Councilmember Tommy Wells meets the community to answer questions about the Hine Development, Eastern Market, and the future of the weekend flea markets from 6:30 – 8:00pm at Brent School, 3rd and North Carolina Avenue, SE.  EMMCA is asking residents to send their top three concerns or questions to Barbara Riehle:  barbara@erols.com

Wednesday, May 23

ANC6B Outreach & Constituent Services Taskforce meets with Director of DC’s Vacant Property Unit from 7:00pm – 9:00pm at Hill Center.

Thursday, May 24

ANC6B Executive Committee meets from 6:00pm – 7:00pm at Hill Center on the agenda for the ANC6B June 12 meeting.

Thursday, May 24

ANC6B Hine Subcommittee meets from 7:00pm – 9:00pm at Hill Center to review the work of the Subcommittee and recommendations to the Planning and Zoning Committee on the Hine project.

 

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May 20, 2012 · 10:41 pm

Flea Market Managers Disappointed in Draft Eastern Market Legislation – Future of Flea Markets in Doubt

Flea Market Managers Disappointed in Draft Eastern Market Legislation – Future of Flea Markets in Doubt

by Larry Janezich

The two managers of Eastern Market’s weekend flea markets are unhappy with the draft version of legislation to create a new governing authority for Eastern Market circulated by Councilmember Wells.

According to Michael Berman, manager of the Sunday flea market, and Carol Wright, manager of the Saturday flea market, the bill is “sloppily written,” leaving them and their vendors without the protection offered to the vendors who operate inside the Market, on 7th Street and on the sidewalks around Eastern Market and the Natatorium; the draft bill also makes no provision for continuing the weekend flea markets at anything more than half the size of the current markets.

As written now, the legislation would create a new Eastern Market Historic Special Use District encompassing all of the area currently occupied by vendors, including those operating on the Hine playground, as well as other areas such as 7th Street between C Street and Pennsylvania Avenue, SE, and the to-be-reopened C Street between 7th and 8th Streets, SE, which will or could be used for future locations of the flea market once the construction and operation of the Hine Development begins.

All vending operations in the newly defined Special Use District would come under the control of the Trust, an entity that the bill will establish to govern Eastern Market.  The legislation does not prohibit the Trust from contracting out the flea market operations to Berman and Wright, but it offers no guarantee that it will do so.

Regardless, Berman asserts that the developers of the Hine project – Stanton Eastbanc – have raised unrealistic expectations about how many of the current flea market vendors can be accommodated in the only space that is presently allotted for their use:  part of the newly reopened C Street and the “public plaza” which is represented by a widening of C Street where it meets 7th Street, diagonally across from Eastern Market.

The developer claims there is room for 68 10 x 10 foot tents – a little more than half of the current Sunday flea market on a busy day.  In their original proposal, Stanton Eastbanc provided for 90 10 x 10 foot spaces, but the current design yields only the lower figure (68).   Berman says that the plan is not workable because it does not take into account the logistics of setting up tents in such a confined space, provides aisles which are too narrow, does not take into account impedances such as trees and bollards, and notes that there is only one elevator to service the vendors who will have 50 parking spaces set aside in the project for their use on weekends.  Berman estimates that not more than 40 vendors will be able to set up on C Street and the public plaza and predicts a logistical nightmare for setting up these few.

The Eastern Market Legislation holds out the possibility that 7th Street between C Street and Pennsylvania Avenue could be closed to accommodate vendors who will not find space on the newly opened C Street.  Berman estimates that perhaps 50 vendors could set up on this section of 7th Street, but the legislation says nothing about authority to close this part of 7th.  How the “brick and mortar” merchants on the west side of the street between Eastern Market and Pennsylvania Avenue will react to a proposal to close the street is unknown – but their counterparts opposite Eastern Market are known to be unhappy about former Mayor Fenty closing that section of 7th on weekends by fiat.

Councilmember Wells will address community concerns on these and other issues at a public meeting on Tuesday, May 22, from 6:30pm – 8:00pm at Brent Elementary School, 301 North Carolina Avenue, SE.

Important dates in the development’s future are as follows:

June 7, 2012 – DC City Council Committee of the Whole hearing on Eastern Market Bill

June 14, 2012 – Planned Unit Development (PUD) Hearing before DC Zoning Commission

January – October 2012 – Construction Drawings Completed

September 2012 – Submit request for Building Permits

April 2013 – Start Building Construction

Spring 2015 – Completion

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May 14, 2012 · 11:26 pm

Councilmember Wells To Answer the Community’s Questions on Hine, Eastern Market, and the Weekend Flea Markets

Councilmember Wells To Answer the Community’s Questions on Hine, Eastern Market, and the Weekend Flea Markets

by Larry Janezich

On Tuesday, May 22, Councilmember Tommy Wells meets the community to answer questions about the Hine Re-Development, Eastern Market, and the future of the weekend flea markets.  The meeting will be hosted by EMMCA from 6:30 – 8:00 p.m. at Brent School, 3rd and North Carolina Avenue, SE.  Community volunteers have been staffing an information table at Eastern Market on weekends and handing out leaflets urging a large turnout of Capitol Hill residents with concerns or questions on these issues.   EMMCA is asking residents to send their top three concerns or questions to Barbara Riehle:  barbara@erols.com.

The DC Zoning Commission has announced a zoning change hearing on the project for June 14, and EMMCA will join other community groups in testifying before the Commission.  ANC6B has been conducting on-going negotiations with the developer based on the community concerns as determined by deliberations of its special subcommittee established  to consider the developer’s request to change the zoning.

The developer’s schedule and other important dates for the project are as follows:

June 14, 2012 – Planned Unit Development (PUD) Hearing

Jan – Oct 2012 – Construction Drawings Completed

Sept 2012 – Submit request for Building Permits

April 2013 – Start Building Construction

Spring 2015 – Completion

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May 13, 2012 · 6:08 pm

The Week Ahead (And a Look Back… Crepes on the Corner to Apply for Liquor License)

The Week Ahead …

And a Look Back… Crepes on the Corner to Apply for Liquor License

by Larry Janezich

Tuesday, May 15

Eastern Market Community Advisory Committee meets in EM North Hall at 7:00pm.  Watch for an update on Councilmember Tommy Wells’ Eastern Market legislation. (The City Council Committee on the Whole has scheduled a public hearing for this measure for Thursday, May 31, 2012, at 11:00am (may be re-scheduled for June 7th at 10am) in Room 500 of the John A. Wilson Building, 1350 Pennsylvania Avenue,  NW. The purpose of the public hearing is to discuss and provide the public with an opportunity to comment on the proposed legislation.)  For more information:

http://www.dccouncil.washington.dc.us/hearing-notices/eastern-market-preservation-and-development-amendment-act-of-2012

Also, look for an update on the status of the plan for a weekday Farmer’s Market at Eastern Market.  Starting so late in the season has presented difficulties in attracting produce vendors.  Eastern Market Manager Barry Margeson is focusing on attracting vendors outside of the usual weekend lineup, hoping to institute a Tuesday week day market.

Tuesday, May 15

ANC 6B Special Call Meeting on Reservation 13 will be held 7:00pm – 8:00pm at St. Coletta’s.  Staff from the Deputy Mayor’s Office for Planning and Economic Development will likely reveal a plan for reopening the request for expressions of interest, using this venue to solicit community feedback on what uses for the site should be included in the request.

Tuesday, May 15

CHRS Board of Directors meets at 6:30pm in Capitol Hill Townhomes, 750 6th Street, SE.  The Board will hear the first report on the success of the Society’s main fund raiser – the CHRS House Tour, which took place this past weekend.  Last year saw a drop off in attendance at the popular Mother’s Day event.

LOOKING AHEAD…

Crepes on the Corner showed up at the ANC6B meeting last Tuesday, offering that they would begin the process for applying for a liquor license for their 15th and C Streets SE restaurant.  That process will unfold over the next few months.

ANC6B’s Outreach and Community Service Taskforce will hold a meeting on Wednesday, May 23 on vacant and blighted properties.  If you have one on your block, call it to the attention of your ANC Commissioner.  http://www.anc6b.org/cms.html

ANC6B’s By-Laws Taskforce met last Thursday to revise the ANC’s outdated by-laws, with an eye toward making it easier for residents with full time jobs and families to serve on the ANC.  Currently, the structure of monthly meetings and committee membership makes it difficult for anyone other than retired individuals to easily serve on the commission.  By the way, the filing date for running for the ANC starts early this year.  The filing period is from July 9 to August 8.  A map of the slightly altered Single Member Districts for ANC6B can be found here:  https://sites.google.com/a/dc.gov/redistricting/updated-smd-and-anc-maps-mid-december-2011

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May 9, 2012 · 4:52 pm

New Traffic Patterns for Capitol Hill Imminent – Openings Scheduled for 11th Street Bridge

Mid September: New Southwest Freeway Outbound Ramp to DC-295 Northbound will open.

Late June: New DC-295 Southbound to the Southwest Freeway Inbound will open.

Late May: Access opens for Inbound traffic across the 11th Street Bridge onto the Southwest Freeway Southbound.

Mid May: A new M Street SE Outbound Ramp to I-295 Southbound will open.

New Traffic Patterns for Capitol Hill Imminent – Openings Scheduled for 11th Street Bridge

by Larry Janezich

Last Wednesday, Peter McDonough, 11th Street Bridge Project Manager, briefed ANC6B’s Transportation Subcommittee on the status of the project.  According to McDonough, the project is five months ahead of schedule.  This means that there will be four significant changes in Capitol Hill traffic patterns beginning next week through mid-September.

Mid May:  A new M Street SE Outbound Ramp to I-295 Southbound will open.

Late May: Access opens for Inbound traffic across the 11th Street Bridge onto the Southwest Freeway Southbound.

Late June:  New DC-295 Southbound to the Southwest Freeway Inbound will open.

Mid September:  New Southwest Freeway Outbound Ramp to DC-295 Northbound will open.

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May 6, 2012 · 11:47 pm

Photos from Sunday’s Literary Hill BookFest

Second Annual Literary Hill BookFest Draws Large Crowd

Literary Hill BookFest, Sunday, May 6th, 2012, North Hall of Eastern Market

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