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PSA Meeting Raises Question:​ ​ Is Hill East​ Safe?​

by Larry Janezich

Last night, despite two incidents of violent crime in Hill East on Saturday, only four residents showed up for the PSA 108 (see below *) meeting in Liberty Baptist Church on Kentucky Avenue.  One was a​ ​new ​Hill East resident twice the victim of violent crime in ​the past ​two months​.​

The resident, who has lived in the neighborhood for only a brief time, ​c​a​me to the meetin​g ​to ask th​e MPD for their​ advice on​ areas to avoid or other safety tactics​.​  MPD officers present declared these types of opportunistic assaults to be “everywhere,” and cautioned residents to stay off their phones while out in public (the resident was not on a phone during either episode).​

Although there were arrests (by a bike cop) made in the second assault on the resident,​ no charges were filed, ​because, although the resident could identify one assailant with certainty, s/he ​could not identify​ the person who actually struck a blow versus the other person who was a companion and, presumably, an accomplice​.  In the case of these two arrests,  ​Curry was able to say that one was from out of the area and the other had a family member in the neighborhood.​  Another resident at last night’s meeting expressed dissatisfaction with the unwillingness of the US Attorney to file charges in this case and urged ANC 6B representative Nick Burger, also ​in attendance, to follow up.

In response to question​s regarding the crime discussed at the meeting​, Curry cited the rash of recent violent crimes all across the city, calling them crimes of opportunity, and saying there are similar problems on every beat.  “Assailants come from behind, mostly as it gets dark” he said, “There’s no area we can say to avoid.  Robberies are mostly juveniles – mostly phones.  There’s no one answer – crimes are often the result of boredom and peer pressure.”

A resident questioned MPD’s assertion at a June 1 Community Crime meeting at St. Coletta’s that there is no gang activity in Hill East.  Curry clarified that the definition of “gangs” by MPD means an organization of the scale of the Bloods or the Crips, and while there is no “gang” activity by this definition, there are “crews” operating in MPD District 1.

ANC6B Commissioner Brian Flahaven, chair of the Community Outreach Task Force, has undertaken an initiative to renew the principles of community policing by strengthening the relationship between the community and the MPD.  One of the deficiencies in the concept of community policing revealed in last night’s meeting is the apparent total lack of participation and investment in the concept of community policing by community organizations including, Barracks Row Main Street, Capitol Hill BID, CHAMPS, Community Action Group, Community Connections, Capitol Hill Ministries, Capitol Hill Community Foundation, Capitol Hill Restoration Society and numerous smaller community organizations – not to mention Capitol Hill media organizations.

*PSA (Police Service Area) makes MPD officials available once a month to interact with and answer questions from residents.  PSA 108’s Lt. Dykes (or his designees) meets residents at 7:00pm the third Thursday of the month at Liberty Baptist Church, 527 Kentucky Avenue, SE.  PSA 107’s Lt. Fowler meets with residents at 7:00pm the first Thursday of the month in Southeast Library, lower level.

Up to 1200 new residents could be headed for the highlighted areas.

Community to Get Benefits from Developers of 3 Projects Near SE Safeway

Projects (plus Buchanan School) Will Bring In Some 1200 New Residents

by Larry Janezich

ANC6B’s Subcommittee on Public Unit Developments (PUDs) met last Tuesday to begin planning for exacting community benefits from developers of three major projects near SE Safeway.  The benefits come to the community in exchange for allowing developers to build larger buildings accommodating greater density than would otherwise be permitted by zoning regulations.  Joel Lawson from the Office of Planning was present to brief the Subcommittee on the overall PUD process.

The three projects, the developers, and the number of likely residents are as follows:

1401 Pennsylvania Avenue, CAS Riegler, multi-story residential retail building – 400 residents

1300 block of E Street, SE, Opal LLC, Watkins Alley residential project – 100 to 150 residents (Watkins Alley is indicated by the large yellow square to the right of “Jordon Alley” on the map above).

1300 block of E Street, SE, Insight Development Group, residential project – 350 to 400 residents

(The nearby Buchanan School Project by Insight Development with some 150 – 250 residents is being built as a matter or right.  The developer is seeking zoning relief but is not pursuing a PUD process which would entail benefits for the community.  Together, the four projects will add up to 1,200 new residents to the neighborhood, some 850 of them in two blocks adjacent to the Safeway. )

Subcommittee Chair Nick Burger, who also chairs ANC6B’s  Planning and Zoning Committee, plans to consider the three projects en bloc, possibly coordinating the benefits for the community from the three projects and avoiding multiple meetings on each project.   Burger said the purpose of the Tuesday’s meeting was to consider “What we’d love to see here and is it feasible?”

Only a handful of nearby neighbors of the projects turned out for the meeting.  Some of the suggestions which came from a brainstorming session on possible benefits included:

Public green space – especially south of Pennsylvania Avenue

Upgrading the space around Peter Bug Academy

Affordable housing

Watkins School swimming pool upgrade

Street scape improvements for Pennsylvania Avenue, E Street, and Ives Street

Lighting for pedestrians on Pennsylvania Avenue

Lawson distributed a handout of information regarding the PUD process, and available on the Office of Planning website (see here:  http://1.usa.gov/1G8F3FH ), which listed other items considered fair game in terms of benefits and amenities for the community.  Some of these include:

Contributions to DC Public Schools, Libraries, or neighborhood centers

Sustainable green building elements

Services for elderly, handicapped, children

Transportation related measures

Community meeting space

Subsidized retail space for local businesses

Burger’s plan is for the Subcommittee to hold two more meetings to discuss a benefits and amenities package.  A July meeting will involve the specifics of a list of detailed proposals.  A meeting in September will be held to modify the list.  The Subcommittee negotiates with the developers to formulate a final package to take to the full ANC for approval.

During its consideration of the developers’ request for zoning changes, the Zoning Commission will consider the list and ensure that the benefits are things that the developer is actually providing.  The developer is required to provide a detailed synopsis of the benefits and how they will be accomplished.   The package is then incorporated into any Zoning Order granting the change in zoning requested by the developer.

Burger urged attendees at the meeting to reach out to nearby neighbors and urge their participation in future meetings.  CHC will provide notification of the meetings as they are scheduled in the regular Sunday posting, “The Week Ahead.”

Three photos showing the size of the lot at 1337-1323 E Street, SE, which could be the site of the next Insight Development Group residential project

Photos show the site from left to right, facing South, viewed from the north side of E Street

The south side of Safeway is behind the photographer

Buchanan Developer Considers Second Major Project Near SE Safeway

Is Residential Market Becoming Oversaturated?

By Larry Janezich

ANC6B’s Subcommittee met last night to discuss what benefits and amenities might be exacted from developers who are seeking Planned Unit Development (PUD) status for residential projects near the SE Safeway.   (Under the PUD process, a developer seeks a change in zoning to permit greater density than the zoning for a site would otherwise allow and the community receives benefits in exchange for the impact of the greater density on the community.)  During the discussion, the community learned that Insight Development Group, the developer of the Buchanan School behind SE Safeway, is considering a another major residential project in the 1300 block of E Street, SE, on the large site currently occupied by Bowie Trash and Signature Auto, directly across E Street from Safeway.  OPal LLC has already announced plans to build a residential complex in that block (See here: http://bit.ly/14qcnLZ) and will seek PUD status, as will CAS Reigler for its nearby development at 1401 Pennsylvania Avenue, SE.  (See http://bit.ly/1F6lYGl )  The Buchanan School development is being built largely as a matter of right, though the developer is seeking some zoning relief in order to maximize the number of units without going through the PUD process.

Though no public meetings on the Insight development have been held, CHC learned in early May that Insight was conducting a feasibility study for the Bowie/Signature site at 1323-1327 E Street, SE.  Given the certainty with which the project was described at the public ANC Subcommittee meeting last night, the project appears to have advanced beyond the study stage.  The project was described as comprised of 1,2 and 3 bedroom apartments in a building comparable to CAS Riegler’s 180 unit building at 1401 Pennsylvania Avenue, SE.

Insight Property Group is not only the developer behind the Buchanan School project, it is also behind the Apollo H Street project at 600 H Street, NE, a mixed use project with 432 rental apartments and retail that will feature the H Street Whole Foods.

During last night’s meeting, one attendee – Gary Petersen, Chair of the Capital Hill Restoration Society Zoning Committee – issued a note of caution, speculating that the new residential market on Capitol Hill is becoming “oversaturated.”

Asked for additional comment, Peterson elaborated, “The number of people moving into the District has dropped below what it was six months ago.  The developers near the ballpark in SE have gone through a bust and are now slapping up apartment buildings as fast as they can.  Everybody is racing to get their building done so they can get it rented up.”

He pointed to the 673 unit project at 1333 M Street, SE; the 158 unit Hine project; and the 81 unit Buchanan School development and said, “I doubt there’s enough demand to fill all these places.”

(In addition, there is Goldstar’s 41 unit building at 1500 Pennsylvania Avenue which is just about to start marketing units, Donatelli/Blue Skye’s 354 residential unit building near Stadium Armory Metro stop on Reservation 13, a possible new mixed retail/residential Frager’s building, and the the Boys and Girls Club on 17^th Street, SE.)

Peterson says if a project is not currently in the pipeline now, “it begins to look iffy.”  Specifically, he pointed to the two proposed projects near the SE Safeway and the one at 1401 Pennsylvania Avenue, SE – although he noted that the last has filed a PUD application.  Peterson predicted that not all of these will get built.

As this was being posted, CHC received the following comment from Trent Smith of Insight Development Group:

Thank you for reaching out. We are under contract on the Bowie’s trash and Signature Collision sites and are studying the possibility of redeveloping the sites into a multifamily community. We are still early in the planning process and are anxious to engage the community with more details soon. The proposed project would be four stories plus some residential basement and penthouse space. The current concept has approximately 160 units made up of 1, 2 and 3 bedroom homes.

 We look forward to working with you and the community on this opportunity in the near future.

ANC6B Residents Attend a Community Crime Meeting at St. Coletta’s on June 1

ANC6B Outreach Committee Launches Public Safety MPD Liaison Effort

“If you don’t feel safe walking around – that should be the number one priority”

by Larry Janezich

Last Thursday night, Brian Flahaven, Chair of the ANC6B Community Outreach and Constituent Services Task Force, launched a renewed effort to better engage MPD with the ANC6B community.  Flahaven crystallized the importance of the issue late in the meeting during a discussion of whether using ANC meeting time to further interaction between the community and police would cut into other ANC business when he replied, “If you don’t feel safe walking around – that should be the number one priority.”  Flahaven characterized the effort as establishing a better partnership with MPD, since, he said, “Our goal is their goal – to create a safe community.”

The effort is timely.  This evening, Hillnow reported on “multiple violent robberies” in the Hill area over the weekend.  See here:  http://bit.ly/1GIFIDc

There are two recurring points of interaction between the community and the MPD, both the outgrowth of community policing.

One is the regular PSA (Police Service Area) meeting​, ​where police officials share monthly crime statistics and answer questions from community members. ​ The second point of interaction is the community crime meetings, which usually occur following a spike in violent crime and are often convened at the request of councilmembers or ANC Commissioners​ in order​ to heighten police awareness of community concerns and to allow residents to hear what measures police are taking to address those concerns.

At Thursday night’s meeting, residents and commissioners spoke to the ineffectiveness of these two points of interaction and a need for the ANC to step up and create a more systematic ​communication bridge with the MPD​ that covered multiple PSAs.​

The two PSA meetings in ANC6B – PSA 107 meeting on the first Thursday of the month, and PSA 108 meeting on the third Thursday are generally poorly attended by residents​​. The message received by MPD is too often​:​ ​ ​the community doesn’t care.  ​​When attendance is poor, MPD officials occasionally fail to show up, without notice.  See here:  http://bit.ly/1DVUoMM

In contrast, community crime meetings​, while generally very well attended (see here:   http://bit.ly/1AJSVcM and http://bit.ly/1tTTI2N),​ ​also tend to be inconclusive and sometimes seem to function primarily for the purpose of public relations​:​  there is an airing of issues, reassurance by the police, and then nothing happens.

​At both sporadic community and PSA meetings, ​the police tend to shift the blame for crime to the victims with advice not to leave items of value in cars and not to walk on the street while talking on a smart phone or listening to music with earphones. ​These are valuable messages in a neighborhoods that regularly welcomes new residents, many of whom have never lived in a city, but they also can be tedious to those of who heard these many times before.  ​

Several positive ideas came out of the Task Force’s  brainstorming session regarding how best to create a better sense of understanding between MPD and the community.  Some of these included:  c​reate additional points where MPD can interact with the community, including meetings with the community by CM Charles Allen, ANC Commissioner “town hall meetings” scheduled with their constituents, and at block parties.  Also, the ANC should encouraging ANC commissioners and resident members to attend PSA meetings.

Other ideas which emerged which could be useful in strengthening the dialogue between MPD and the community include:

Create a communications mechanism to ensure that community concerns reach Sergeants in charge of MPD roll calls where officers are apprised of matters of continuing​​ concern w​hen rotating onto a shift;

Make an opportunity for interaction with the MPD a regular part of ANC or ANC Committee or Taskforce meetings;​

Create a priority list of long standing issues which the ANC can ask MPD for follow-up reports on what’s happening;​

Restoring the practice once used by the​ MPD​ to release a narrative context neighborhood crime statistics​;​

Plan for regular community crime meetings in the spring, when crime seems to spike with the arrival of warmer weather;​  (Crime spikes around Christmas as well, when holiday shopping provides more opportunities for criminal activity)​;​

​and ​encourage MPD to monitor listservs to raise awareness of community concerns​.

Flahaven said he would carry a report on tonight’s discussion as well as any recommendations for actionable items to the next ANC meeting on July 14.

PSA 107’s Lt. Fowler meets with residents at 7:00pm the first Thursday of the month in Southeast Library, lower level.  PSA 108’s Lt. Dykes meets residents at 7:00pm the third Thursday of the month at Liberty Baptist Church, 527 Kentucky Avenue, SE.

The demolition of Hine Jr. High School, Sunday morning, circa 11am. About another week should do it.

The Week Ahead…

by Larry Janezich

Monday, June 15, 2015

1. ANC 6A Transportation & Public Space Committee Meets at 7:00pm at Capitol Hill Towers, 900 G Street, NE.

Among items on the agenda:

Update from DC Streetcar Team;

Presentation from WMATA/DDOT on proposed changes to 96 bus route;

Application from Ben’s Chili Bowl, 1001 H Street NE, for placement of statue on public space;

Application from Mia’s Coffeehouse, 1500 A Street, for placement of sidewalk café on public space;

Application from Tony’s Breakfast, 1387 H Street NE, for placement of enclosed garbage containment area on public space

Consideration of and community input on opportunities for using H Street Performance Parking Funds in ANC 6A

2. ANC 6A Community Outreach Committee meets at 7:00pm at Maury Elementary School, 1250 Constitution Avenue, NE.

Among items on the agenda:

Presentation – Dual Language (Mandarin) Proposal for Miner Elementary School

Grant Application Revision

3. The Foo Fighters will be performing at RFK on July 4th. 50,000 people are expected to attend the event.  Events DC, WMATA, and other DC agency officials will be meeting with neighbors on June 15th to discuss the transportation plan for the event.  The meeting will be held at RFK and it starts at 6:30.

4. CHRS will presents Stephen T. Ayers, Architect of the Capitol, who will talk about “What’s happening with the Capitol Dome?” 7 pm, National Community Church, 535 Eighth Street, SE.  Ayers will talk about the Dome, and plans to restore the Ulysses Grant memorial at the base of the Capitol’s west lawn.

Tuesday, June 16

1. Advisory Neighborhood Commission 6B will hold a special call meeting to consider whether the commission should accept the Alcoholic Beverage Control Board’s modification to ANC 6B’s June 10, 2015 Settlement Agreement with Elaine’s One, 715 8th Street SE. The meeting will be from 6:30pm to 6:45 pm at the Hill Center, 921 Pennsylvania Avenue, SE, and will immediately precede the previously scheduled ANC 6B Planning & Zoning PUD Subcommittee meeting at 7 pm. The meeting agenda is as follows:

Consideration of ABC Board modification to ANC 6B’s Settlement Agreement with Elaine’s One, (Phase 1),  715 8th Street, SE.

At its meeting of June 10, 2015, the ABC Board reviewed the Settlement Agreement between ANC 6B and Elaine’s One, LLC (Phase 1) at 715 8th Street, SE. The Agreement was approved with modification to modify the following provision:

Clause 2, the second sentence shall be amended to read: “The Applicant currently seeks a total seating of 65 patrons, inclusive of the sidewalk café seating.” Rationale: The Board cannot enforce a provision granting the ANC approval or agreement privileges for substantial changes sought by the Licensee.

2. ANC 6B’s Planning and Zoning Planned Unit Development (PUD) Subcommittee meets at 7:00pm at Hill Center. The PUD Subcommittee will work through the PUD process for multiple proposed projects located in ANC6B, making recommendations on benefits and amenities packages to the ANC Planning and Zoning Committee.

Among items on the agenda:

Purpose of the ANC6B subcommittee & 6B PUD projects

Office of Planning – Joel Lawson

Community benefits: discussion and brainstorming

Future meetings and PUD process

3. ANC 6A Alcoholic Beverage Licensing Committee meeting meets at 7:00pm at Sherwood Recreation Center, 10th and G Streets, NE.

Discussion of patio expansion plans of Copycat Co at 1110 H Street NE

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

Wednesday, June 17

1. ANC6A Economic Development and Zoning Committee meets at 7:00pm, at Sherwood Recreation Center, 640 10^th Street, NE.

Among items on the agenda:

702 15th Street, NE, Applicant seeks a special exception from the off-street parking space reduction requirements to allow a medical office in the HS-A/C-2-A District.

Thursday, June 18

1. PSA 108 meets at 7:00pm at Liberty Baptist Church, 527 Kentucky Avenue, SE.

415 8th Street – site of the next restaurant from Neighborhood Restaurant Group

New Barracks Row Restaurant Coming from Michael Babin’s Neighborhood Restaurant Group

Latest Venture from Multi-Concept Restaurant Chain

by Larry Janezich

Michal Babin’s Neighborhood Restaurant Group, which owns sixteen concept restaurants/food outlets  in the area (see list below) has applied for a restaurant liquor license for the space at 415 8^th Street, Barracks Row, a StreetSense property formerly occupied by Kraze Burger.

Sources tell CHC that Babin’s new place will be akin to the Group’s B Side restaurant in Merrifield, Virginia, a bar/restaurant featuring a meat heavy menu – pig wings, pork rinds, steaks, burgers, fried chicken, and charcuterie.  See the B Side menu here:  http://bsidecuts.com/   This will be the second meat-oriented restaurant on Barracks Row, with Medium Rare, a price-fixe steak bistro operating in the next block.

The Neighborhood Restaurant Group opened The Evening Star in Del Ray, Alexandria some 17 years ago.  Since then, the group has grown to include sixteen bars, restaurants, a bakery and coffee lounge, a retail wine shop and a catering service.

After Kraze Burgers went belly up in 2013 resulting from internal management disputes, ANC6B Commissioners met with building owner/developer StreetSense regarding the future of the building.  Commissioners carried the message that casual fast food had not worked out for the block, characterized by some as “in trouble,” and urged the owner to look to uses of the building other than a restaurant.  See here:  http://bit.ly/1nTbCyF

Since then, however, the ANC and nearby residents agreed to a new casual fast food restaurant – &Pizza – coming to the block, but only after months of negotiating a landmark gold-standard operating agreement requiring odor and grease mitigation, indoor trash storage, and noise mitigation.  The agreement on the operation agreement with &Pizza was heralded by ANC Commissioners and neighbors alike as the expected operating standard for all new Barracks Row restaurants.  See here:  http://bit.ly/WJQiUA  To his credit, the new CEO of &Pizza, Michael Lastoria, reportedly enthusiastically embraced the new standards.  CHC reported on Lastoria’s new job and on former Ruby Tuesday founder Sandy Beall becoming chair of &Pizza’s Board of Directors, here:  http://bit.ly/1cE7WRq

Babin was named 2014 Restaurateur of the Year by the Restaurant Association of Metropolitan Washington.  He is recognized as an innovator in the food and hospitality industry, especially in addressing sustainability issues.  Zagat’s 2013 edition says:  “Babin also founded and serves as chairman of the board of directors for Arcadia Center for Sustainable Food & Agriculture, a nonprofit that runs a farm and helps teach children about nutrition and growing food. Good deeds and great food? That’s smart business.”

Neighborhood Restaurant Group’s current outlets include:  The Evening Star (Alexandria – southern food), Vermilion (Alexandria – farm-driven American cooking), Hazel (forthcoming soon in Shaw with a “globally influenced” menu), B Side (Merrifield – heavy on meat and fried food contemporary American), Rustico (Alexandria & Ballston – contemporary American and artisan pizza), Buzz (Navy Yard/Alexandria/Ballston – bakery and coffee lounge),  Columbia Firehouse (Old Town Alexandria – traditional American comfort food), Blue Jacket (SE Washington Navy Yard – contemporary American),  Planet Wine (Del Ray – wine shop), Birch and Barley (Logan Circle – all about beer), Churchkey (also Logan Circle – also all about beer), 550 Events (catering), Red Apron Butchery (Penn Quarter and Union Market – meat), GBD (“Golden Brown Delicious” – Connecticut Avenue – chicken and doughnuts), Iron Gate (Dupont Circle – modern Mediterranean), The Partisan (Penn Quarter – contemporary American).  Neighborhood Restaurant Group also has plans for a new concept restaurant in North Bethesda, Pike & Rose – coming soon.

524 8th Street on Barrack’s Row will be the home of Chef Rob Weland’s new restaurant

Local Superstar Chef Rob Weland Lands on Barracks Row

Competition Coming for Rose’s Luxury

by Larry Janezich

CHC has learned that Chef Rob Weland, formerly of Cork on 14^th Street, and Poste Moderne Brasserie in Penn Quarter’s Hotel Monaco prior to that, plans to open his own long-awaited restaurant in the space formerly occupied by TASH, at 524 8^th Street, SE, on Barracks Row.

Weland left Cork – some thought suddenly – in April of 2013 on very short notice.  Both sides said the parting was mutual, and at the time, Washingtonian Magazine reported that the owners of Cork, Khalid Pitts and his wife Diane Gross, hoped to partner with Weland on his next venture.   http://bit.ly/1B8CrLk

Weland is renowned for creative American cuisine and his dedication to seasonal foods and sustainability, the latter evidenced by the organic garden he used to supply Poste’s kitchen.  Indeed, seasonal cooking and sustainability are reported to be the subject of the book he plans to write.

When Weland left Poste in September of 2011, the DC food blog Eater reported he departed to write a book and that a plan to open his own restaurant was in the works.  So it came as a surprise that he turned up as the executive chef a month later at Cork.

No word yet on the timing of his new venture on Barracks Row, nor does CHC have any details on the menu (other than a report from sources that it will be contemporary American) or concept.

11th Street residents’ study showing the current effect of 1015 E Street (in red) on their properties (yellow and pink)

11th Street residents’ study showing how 1015 E after the proposed extension (in red) would affect their sunlight and egress at 4:00pm on March 21

11th Street residents’ study showing effect of the extension on sunlight at 6:00pm on March 21

BZA Intervenes on Behalf of​ 11th Street Residents ​Obstructed​ by Developer’s Wall

ANC6B Had Voted to Take “No Position”

by Larry Janezich

A dispute between the developer of a five unit apartment building at 1015 E Street, SE, and owners of adjacent properties on the 500 block of 11th Street has been resolved, after the intervention of the Board of Zoning Adjustment (BZA).  At a hearing on the case on May 5, the Board was on the verge of denying the developer’s request for a zoning adjustment to allow the construction of an addition which would result in a in a 24 foot high wall across the back of two residences on 11th Street which sit at right angles to the new construction.  See CHC posting here:  http://bit.ly/1DJYRQF  At the last moment, the BZA pulled back the denial to allow the parties a chance to work it out.

The parties did reach an agreement, and Tuesday night, ANC6B signed off on the compromise that would move the addition to the rear of the property at 1015 E Street where it would have lesser impact on the two 11th Street properties.  The proposal was similar to one which had been floated earlier by the developer in order to gain the acceptance of the 11th Street residents, but the latter, steadfast in their opposition to the development, declined to meet with the developer.

The 11th Street residents’​ case against the development was based on their claim​ that​ the 24 foot wall at the rear of their properties would block air and light and deny the rear egress that now exists, although that​ exit​ would​ be located on​ the developer’s  property.

When the developer sought the support of ANC6B for the project at the regular ANC6B meeting on April 20, the developer’s real estate attorney, Cary Kadlecek, of Goulston & Storrs, told ANC6B “The concerns of the neighbors are legitimate, but not germane to law code and the only matter before the ANC was the zoning adjustment on the site’s western side.  He added, “ [Our shadow] studies show there will be no impact [on the 11th Street neighbors],”

Asked by Commissioner Jayaraman, “If you lived in this [11th Street] house and your views went from [before the construction of the wall] to [after the construction], are you okay with that?”  Athey replied, “Yes,” a response that drew snickers from the audience.

Jayaraman went on, “The applicant’s attorney said we can’t consider what’s on the [11th Street] side.  Sure we can, we have to, that is what we’re elected to do; it’s our job.  To say it is not germane, you can say that, but we were elected to represent citizens of our community and take a stand where something does not make sense and this project does not make sense.”

​The question that came before the full ANC committee was ​whether to endorse​ the ANC’s Planning and Zoning Committee​’s​ vote to oppose the variance.  Commissioner Brian Flahaven moved to strike the motion to oppose and substitute a motion to support the variance, based on a strict interpretation of what was before the commission – the question of the variance.  Flahaven added that the question had nothing to do with the wall behind the 11th street properties.  The motion failed, 3 – 5 – 2, with Flahaven, Loots, Burger in favor and  Hoskins, Krepp, Hagedorn, Samolyk, Jayaraman opposed.  Chao and Oldenburg abstained.

Chair Oldenburg moved the Commission “take no position due to the impact of the two story wall.” That motion failed for a lack of second.

Commissioner Loots said, “I have great respect for neighbors and impact on property…We as a commission need to be very careful in recognizing our statutory charge.  We are asked to opine on [the variance affecting the west side of the property], not height, mass, light issues…I cannot in good conscience oppose this project on the basis of damage [the variance] is going to do upon the neighbors… I don’t think we have the authority to justifiably oppose it.”  Chair Oldenburg said she agreed and asked Loots if he was prepared to offer a motion.  Loots said, “No.”

Oldenburg said that the motion she made earlier reflected that the ANC could support the variance would take no position due to the impact of the two story wall, and again offered the motion.  Flahaven, who rewrote the bylaws last year, pointed out that the motion (which had previously failed) had to be made by someone else.

Loots then moved that the “Commission take no position, and end it at that.”

The motion passed, 6 – 3 – 1, with Loots, Flahaven, Hagedorn, Oldenburg, Burger, Hoskins in favor and  Samolyk, Jayaraman, and Krepp opposed.  Chao abstained.

The matter came before the BZA in a hearing on May 5th.  After presentation of shadow studies on how the building would affect the 11th Street residents, Kadlecek, reiterated the argument that the only matter before the BZA was the variance and that the impact of the construction on the 11th Street neighbors was of no concern to the Board.

BZA Chair Jordan replied, “I don’t find credible the shadow study presented by the applicant.  I find credible the shadow study provided by the [11th Street residents] in regards to this…even though we’ve been …  hammered by the appellant, that we just need to look on the west side of the building, because that’s where the (variance) is, the ultimate fact is that… it has effect upon all the property.”

BZA member and Chair of the Zoning Commission Anthony Hood, in agreeing with Jordan, saw things differently than the majority of ANC6B.  Hood stated, in response to Kadlecek’s claim the effect on the 11th Street neighbors wasn’t a zoning issue:​  “,,,zoning consists of protecting the safety and the health of the residents of the city.  So, I just want you to know, that’s part of zoning.”  He was speaking ​directly ​to Kadlecek, but ​the majority assembled for the ANC6B​ vote might have been the subject of his remarks as well​.

Chair Jordan moved to deny the developer’s request for a variance and Vice Chair Heath seconded the motion.  Just before the vote, Jordan offered the developer an opportunity to work out an agreement with the developer.  The developer accepted and asked for an extension of the case until June 16, which the Chair granted.  The vote to endorse that compromise came Tuesday night before ANC6B, which passed it 9-0.

Eastern Market Outside Vendor Stall, c. 5:00pm, Saturday, June 6

The Week Ahead….

by Larry Janezich

Monday, June 8

1. ANC6D meets at 7:00 pm, DCRA Meeting Room, 1100 4th St. SW, 2nd Floor

Among items on the Agenda:

Spy Museum L’Enfant Plaza – Building projects into Public Space

Randall Recreation Center-Field Update – Nats, UnderArmour, Cal Ripken Foundation

Nation’s Triathlon 09/04/15

Prevent Cancer 5k Walk/Run, Nats Park area, 10/04/15

2. RFK Playground Project Planning Meeting, 6:30pm, RFK Administrative Offices, 4^th   –

Events DC and United for DC are currently seeking active members of the community to participate on the Planning Committee.  The Planning Committee will be tasked with executing the build timeline and driving this project forward to ensure success.  RSVP by calling 202 608 1100.

Tuesday, June 9

1. ANC6B meets at 7:00pm, at Hill Center.

Among Items on the Agenda:

Summer roof garden for Belga Café

New restaurant liquor license for &Pizza at 405 8^th Street, SE

Historic Preservation Application to replace bell tower at 801 North Carolina Ave SE, Christ Our Shepherd Church

Public Space issues for multiunit residential project at 816 Potomac Avenue, SE

Request for zoning relief for multiunit residential project at 1325 D Street SE (Buchanan School)

Letter to Events DC on Need for Transportation Plan for July 4th RFK Stadium concert

Letter to DDOT responding to comments by DDOT official on SE Boulevard

2. Police Service Area (PSA) 104 public meeting at 7:00pm, Ludlow Taylor Elementary School, 659 7th Street, NE

Wednesday, June 10

1. ANC6C meets at 7:00pm at the Heritage Foundation, 214 Massachusetts Avenue, NE.

Among items on the Agenda:

Washington Project for the Arts in NoMa

Miscellaneous issues related to Reservation 84, Peace Corps memorial, NoMa parks, and M Street Underpass

318 (rear) Third Street, NE, – conversion of nonresidential building to 1-family dwelling

300 M Street, NE – PUD development, retail and residential

DC Streetcar update – Malia Salaam

Louisiana Avenue Cycle Track—Joe McCann

700 Constitution Avenue, NE, Public Space permit for new construction

Billboards

Thursday, June 11

1. ANC6A meets at 7:00pm at Miner Elementary School, 601 15^th Street, NE.

Among items on the Agenda:

Amazing Love Health Services, LLC, 702 15^th Street, NE, seeking zoning relief for less than required parking for a medical facility

1300 H Street, NE, variance from parking requirements, overlay requirements, and design and special exception requirements to allow construction of a new four story, mixed use building with ground floor retail, on the following conditions:

The applicant records a covenant requiring that all leases or contracts for sale of the individual units prohibit the tenant or purchaser from obtaining a residential parking permit (RPP);  The applicant treat the building (and all units) as fronting on H Street and as having an H Street address; and The applicant investigate with DDOT the feasibility of supporting an expansion of access to Capital Bikeshare near the building.

2. ANC6B Community Outreach and Constituent Services Task Force meets at 7:00pm, Hill Center.

Among items on the Agenda:

Crime and community policing.

3. Capitol Hill Restoration Society Zoning Committee meets at 7:30pm at Kirby House, 420 10^th Street, SE

Steve Salis Opened the First &Pizza Outlet on H Street, NE, in 2012

Barracks Row &Pizza Is Scheduled to Open in August next to Starbucks at 405 8th Street, SE

& Pizza – The Next Ruby Tuesday?

Ruby Tuesday Founder Reportedly Chairs &Pizza Board of Directors

by Larry Janezich

Sandy Beall, founder of Ruby Tuesday and its CEO for 40 years, has reportedly become the Chair of the Board of the incipient fast-casual pizza chain, &Pizza.  &Pizza seems to be downplaying the relationship with this industry powerhouse in the wake of the departure of co-founder Steve Salis from his role as CEO of the company.

On March 3, Nation’s Restaurant News listed Beall – who stepped down as Ruby Tuesday’s CEO in 2012 – as one of the board members of Ima Pizza, LLC, &Pizza’s parent company. (http://bit.ly/1dkrbAe)

This followed &Pizza’s February 18 announcement that it had received $10 million in additional investment funding.  Carriage Hill, a company that helps shareholders of “privately held middle market companies” recapitalize, possibly alluded to the source of the investment in a note regarding a growth capital transaction it handled for &Pizza which read, in part, as follows:  “The private investor is a high net-worth family office that invests in consumer brands and emerging fast casual restaurant concepts throughout the US.”  (http://bit.ly/1HT4oUp)

Months later, on May 19, Rick Aristotle Munarriz wrote on the financial planning website Daily Finance:  “Some of the [fast casual pizza] chains that don’t have affiliations with public companies are also well connected … &pizza has Ruby Tuesday’s (RT) founder as its chairman of the board.” (http://aol.it/1F0tKgP)

On Friday, May 29, Andrew Metcalf of Bethesda Magazine reported that &Pizza co-founder Steve Salis was stepping down as CEO.  In that piece, Salis said that the company plans to hire a new CEO, but that &Pizza’s co-founder Michael Lastoria would remain as the company’s president.

This sequence of events mirrors that of start-ups on the way to buyout, and suggests that &Pizza might be destined for far greater expansion as a franchise.

Metcalf quoted Salis using some of this terminology explicitly:  “I thought the business was at the right point for us to bring in a blue chip, top-notch CEO to run the company.”  However, five days later, on Tuesday, June 2, Metalf’s Friday post was updated with additional information from &Pizza’s public relations spokesperson Barbara Martin, who told Bethesda Magazine:  “Michael and Steve founded a company and Steve’s moved on.”  Metcalf continued, “Martin said Lastoria is currently also serving as the CEO. She countered what Salis said, saying that Lastoria is the CEO and the company is not currently looking for a new leader.”  (http://bit.ly/1LOz1Ou)

Martin is a principal at the high-powered DC public relations firm, BrandLinkDC, profiled in the NYT in 2010 here: ( http://nyti.ms/1KMl2Il)

In its official pronouncements, &Pizza seems to be emphasizing its local leadership.  Last Thursday, June 4, representatives of &Pizza appeared before the ANC6B alcohol licensing committee to support &Pizza’s application for a liquor license for the Barracks Row &Pizza location, at 405 8th Street, SE, scheduled to open in early August.   When an attendee asked, “Where’s Steve?,” &Pizza’s legal representative Debbie Kaplan told the room that Salis had stepped down as CEO and Lastoria was the new CEO but that any agreements with respect to the operation of &Pizza on Barracks Row would be endorsed by Lastoria.

Until now, Salis has been the public face of &Pizza.  Salis first appeared before ANC6B in September, 2011 (http://bit.ly/1cChfBt), as a New York City entrepreneur who wanted to bring his vision for joining the fast casual dining experience to Barracks Row.  He had hoped to open his flagship restaurant on 8th Street, but retreated to H Street, NE, when delays in getting an exemption from the ban on fast food restaurants on 8th Street took longer than expected.

After opening several restaurants in the area, Salis and returned to his goal of having an &Pizza outlet on 8th Street and has been persistent in pursuing that goal since last March of last year (http://bit.ly/1iT6UPB).  After twice rejecting Salis’ request for a fast food exception, ANC6B finally endorsed the application after an agreement on how the restaurant would be operated was reached with the neighbors (http://bit.ly/WJQiUA).   At last Thursday night’s meeting, the committee agreed to recommend approval of the license application to the full ANC, on the condition that the license include the language previously negotiated between Salis and the neighbors regarding trash disposal, rodent control, noise mitigation and odor mitigation.

CHC asked Kaplan about the restructuring.  She said it was done to “address the different needs of the company.”  Asked what role Salis had after the restructuring, Kaplan replied, “Steve remains a significant investor.”

According to the Nation’s Restaurant News article, a board of directors with decades of experience in national and international retail and franchising has been assembled.  In addition to Beall, members of the Board are listed and described at the end of this piece.

Salis had never made any secret about his desire to establish a restaurant chain.  Few expected him to be able to do so this quickly.  Now with the new infusion of capital and a board of directors with decades of experience in national and international retail and franchising, it appears that &Pizza is on the brink of becoming a national – if not international – chain.

Should that come to pass, &Pizza will be the fifth chain food outlet in the 400 block of 8th –  a block that already supports Starbucks, Popeye’s, Chipotle, 7-11, Subway, and Baskin Robbins.  Potbelly is reportedly interested in opening a venue on the block and DC development company Streetsense is looking for a tenant for the former location of Craze Burger.

While the operating agreement attached to the liquor license provides some reassurance to neighbors, they are justifiably concerned about the general rule that chain restaurant outlets do not make good neighbors.  If and when problems arise, it is nearly impossible to bring pressure to bear against a distant corporate office that has little concern for quality of life in a community.

& Pizza’s Board of Directors, according to Nation’s Restaurant News:

Joe Farina, former partner at Fireman Capital Partners (private equity firm that invests in the consumer sector), former president of Genuity (a $2 Billion internet infrastructure company), former president of Lynch Interactive (a telecom holding company) and former corporation officer and president of various divisions of Verizon (lead Verizon expansion into Europe and Asia).

Edward Albertian, CEO of City Sports, Inc. (sporting goods retailer operating 27 stores over seven east coast states), former CEO of TNT Vacations (an vacation operator serving the New England market), former CEO of C&S Wholesale Grocers (largest wholesale grocery supply company in the US), former CEO at Star Markets (online food shopping), and current Board member of Streamline.com Inc., (international payment processing).

John Barton, operating partner with the investment firm LNK Partners (private equity investing in consumer/retail), former Executive Vice President of Real Estate for Staples (most recently managed Staples’ emerging markets of South America, China, Taiwan and India), and current member of the Board of Fitness Connection and an advisor to Au Bon Pain, current “Doman Expert” for Highland Consumer Partners (investment in growth-oriented consumer-facing businesses – including City Sports see Edward Albertian above) focusing on international operations, profit and loan management, franchising, and retail real estate development.