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Chipotle and Building Owner StreetSense Is Accused of Violating Operational Agreement

Chipotle Inadvertently Makes the Case For Banning Fast Food Restaurants on Barracks Row:  StreetSense and Restaurant Reported as in Non Compliance with Operational Agreement

by Larry Janezich

A group of unhappy Chipotle neighbors from Seventh Street, SE, attended Tuesday night’s ANC6B meeting in Hill Center to complain that Barracks Row’s Chipotle and its building’s developer, StreetSense, are not complying with the written agreement negotiated to allow the opening of an otherwise banned fast food restaurant in the 400 block of 8^th Street. 

The group found sympathetic ears on the Commission.  Newly elected Commissioner Philip Peisch, in whose district the restaurant resides, cited “what seems like hundreds of emails over the past eight weeks” concerning the issue.  He specifically cited “noise pollution, broken mechanics, and trash issues.” 

In July of 2011, representatives of StreetSense, the building’s owner and developer, appeared before the ANC in support of an exception to the ban on fast food restaurants for the two adjoining buildings at 413-415 8^th Street, SE.  Negotiations with the neighbors to hammer out an agreement under which the exception would receive ANC support were facilitated by Commissioner Ivan Frishberg, in whose district the restaurant was at that time. 

Linda Elliott, spokesperson for the neighbors, said that they thought they had arrived at a useful agreement and “flowery emails” were exchanged.  On July 12, the ANC voted unanimously to support the request for the exception for Chipotle Mexican Grill.  With ANC support, the exception for the two locations was subsequently granted by the Bureau of Zoning Adjustment (BZA). 

Elliot said, “one and a half years later, despite on-going numerous meetings and phone calls, Chipotle and Street Sense have not lived up to the agreement.” Elliott was armed with documentation – emails, pictures, and audio files – which she promised to turn over to the ANC.

Frishberg said that the Chipotle had been a test case on how to go through the process to add a fast food outlet to a block over-saturated with fast food.  He said he had visited the space behind Chipotle recently, and agreed that they are operating out of compliance with the requirements for the special exception.  “This is a lesson for us,” he said, “as these cases (new applications) come forward.”  Although the restrictions are written into the BZA order, how they can be enforced is a question that has not been answered. 

Commissioner Pate said, “the ANC has been burned,” and suggested a letter to BZA citing the agreement and asking their help in fixing this. 

Part of the agreement with Street Sense was that they would seek to put regular retail into the adjacent site – also exempt from the fast food ban – and seek a second special exception if they wanted to put a fast food venue in the second space.  Street Sense subsequently leased the space to Kraze Burger, which plans to open as a sit down restaurant.  Since this is establishment is opening as a matter of right, they will not come before the ANC until they apply for a liquor license. 

The Commission referred the matter to Commissioner Francis Campbell’s Planning and Zoning Committee for consideration.  StreetSense and Chipotle will be invited to attend next month’s Committee meeting. 

Commissioners Frishberg, Flahaven, Jayaraman, Garrison, and Oldenberg moments before the vote on ANC Officers

Commissioners Campbell,peisch, Opkins, Pate, and Loveland just before the vote for officers

ANC6B Elects New Officers

by Larry Janezich

At the ANC6B meeting tonight in Hill Center, the Commission elected a new slate of officers for the coming year.  A potential challenge for the chair did not materialize, leaving Hill East’s Brian Flahaven elected Chair without opposition.  In like fashion, Ivan Frishberg was elected Vice-Chair for the third successive year, newcomer  Philip Peisch was elected Secretary, former Secretary Brian Pate was elected Treasurer, and another newcomer,  Nicole Opkins – also of Hill East – became Parliamentarian. 

Flahaven has not counted out a run for city council if Councilmember Wells runs for Mayor.  He was credited by the community for his efforts during his first term to keep most of Hill East in Ward Six during the redistricting.   

Later, the ANC voted to endorse the location of a Medstar Urgent Care and Primary Care Practice across from Eastern Market at 228 7th Street, SE. 

The Commission also heard a presentation from a CSX representative regarding the opening of a CSX Community Outreach office located at 861 New Jersey Avenue, SE.  The office has been constructed and will be in operation at least by the time construction on the tunnel replacement project begins, likely by the end of the year.  The office will be staffed by an office manager and assistant, as well as serving as the headquarters for a contingent of CSX Police which will provide security for the project while under construction.   CSX has its own police force of 200 officers which serve in localities across the nation.  The company anticipates assigning three officers to the tunnel project on Capitol Hill.  The company has already liaisoned with local police and the Department of Homeland Security. 

The Week Ahead….

by Larry Janezich

January 7, Monday

ANC6B Transportation Committee meets at 6:30pm in Hill Center to determine priorities for 2013.

January 7, Monday

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

January 8, Tuesday

ANC6B meets in Hill Center to elect new officers.  Hill East’s Francis Campbell and Brian Flahaven are running for Chair.  Ivan Frishberg is running – unopposed – for Vice Chair.  Campbell and Flahaven may each have political ambitions beyond the ANC, but Frishberg has gone on the record denying interest in elevation to the city council. 

CSX Opens Community Outreach Office

Otherwise, a CSX representative, Stepehn Flippin has been allotted 20 minutes for a presentation on the opening of the CSX community outreach office.  Despite this show of good will on the part of CSX, and despite their financial support of community endeavors (Barracks Row Fest and the Maslin Fund, to name two), the community and its civic organizations should stay focused on what amenities and benefits the they can expect for the impact of construction of the CSX tunnel, keeping in mind that CSX is the richest railroad company in the country. 

There could be some of the usual nitpicking over the construction of the three unit residential (studio apartments) building at 1311 Pennsylvania Avenue, but it should go through ok. 

Approval of the certificate of need for the MedStar primary care and urgent care facility slated to go into 228 7^th Street, SE, (across from Eastern Market) this fall seems a sure bet.     Commissioners can’t wait to lend their enthusiastic support to this project. 

The costumed Tour de Fat Bicycle Parade to raise money to promote biking had a few wrinkles to iron out regarding the route – which now looks like it will traverse the heart of Southeast Capitol Hill – but it, too, is likely to get approved. 

January 10, Thursday

The ANC6B Taskforce on Zoning Regulation Reform has scheduled an organizational meeting for 7:00pm at Hill Center.  The real work of the task force is likely to start at their next meeting on January 24.  So far, the city has gone to great lengths to appear to involve the public and seek input but the city presenters at an initial briefing for ANC6B late last year seemed ill-prepared and uninformed.  It remains to be seen if the ANC Taskforce – headed by Commissioner Garrison (with council from Gary Peterson, chair of CHRS Zoning Committee, and Ken Jarboe, acknowledged as the most widely experienced former ANC commissioner on the issue) – fully engage on the re-write.

Mendelson on Capitol Hill Crime

January 10, Thursday

Council Chair Phil Mendelson has agreed to speak on recent violent crime issues to ANC6A on January 10 at about 7:45pm, following the election of officers and other routine business.  The Christmas Eve shooting of Jason Emma near Lincoln Park is foremost on neighbor’s minds, and a significant turnout is likely.  According to MPD, the case is still under investigation.  The question of whether additional police in the already heavily staffed PSA 107 versus better policing by the forces already deployed is likely to come up.  The ANC meets at Miner Elementary School, 601 15^th Street, located at the intersection of Tennessee and 15^th Street, NE.

Hawk Commits to SoHo Loft Look with Baroque Accents

Photo: Maggie Hall

ANC6B Commissioners Frishberg and Pate Sworn In In Private Ceremony

Councilmember Wells Administers Oath

by Larry Janezich

ANC6B held an unannounced informal orientation session for new commissioners on Thursday night in their conference room at Hill Center.  During the meeting, according to Parliamentarian Brian Flahaven, Ward 6 Councilmember Tommy Wells, accompanied by COS Charles Allen, “stopped by to swear in Commissioners Frishberg and Pate who were unable to attend the official ceremony on Wednesday.   He also congratulated commissioners present and wished them the best in the new term.”

The meeting was organized by returning commissioners and attended by all commissioners.  The goal of the meeting, according to Flahaven, was to share info about the structure of the commission and various administrative procedures.  He also stated, “Attendees did not take any official actions nor did we discuss pending cases, in accordance with DC law – this was all about getting the new commissioners oriented to the commission, distributing office keys, etc.”

Although the meeting appeared to be without precedent, Flahaven said the meeting was permitted under ANC bylaws and by DC law.  “We modeled it after a similar session that Gottlieb Simon (Director of the DC Office of ANCs) puts on for all new ANC commissioners citywide.  The discussion was administrative in nature and no official actions took place. If we had planned to take official action, the session would have been a commission meeting and would have been subject to public notice. We actually can’t take any official action as a commission until officers are elected, which happens next Tuesday.”

Flahaven and Commissioner Francis Campbell – both residents of Hill East – are seeking the Chair of ANC6B.  Election of officers will be the first order of business at next Tuesday’s meeting.

Residents Turn Out for Monthly Crime Meeting But Learn No New Information on Shootings – PSA Meeting Becomes Venue for MPD Public Relations

by Larry Janezich

Thursday night, about 20 Capitol Hill residents showed up at the monthly PSA 107 meeting in Southeast Library, hoping to learn from Lt. Eddie Fowler of the Metropolitan Police Department (MPD) more regarding the 2:00 am shooting of Jason Emma on Christmas Eve and the afternoon shooting two days later at 14th and K.  Instead, Fowler focused on the more common crimes of robbery, theft, and car break-ins and cautioned residents to avoid using electronic devices in public.

Fowler deflected all questions regarding the shootings, saying that the shootings and any possible link between them and other recent shootings were still under investigation and that he expected there to be “closure” at the end of those investigations. 

It was unclear what he meant by closure, since he also used the term to refer to assurances from department officials that they expected closure on cases of robbery in the next four to five days.

In response to one resident who lived close to where Jason Emma was shot multiple times who asked what he should tell his wife and neighbors to help protect them from becoming victims, Fowler distributed a MPD brochure on tips on how to avoid becoming a victim of robbery and assault and issued an appeal to join the police in becoming the eyes and ears of the community to help them detect suspicious activity and to call 911 when they did.  For some who have attended many such community meetings with police, it was a familiar refrain. 

Fowler also cited the deployment of additional police resources in the community since the shooting and the commitment of additional resources in connection with the holiday season including the new Crime Suppression Team comprising 15-17 plainclothes offices aimed at robberies in PSA 106 and 107, as well as a new bike unit.

ANC6 B Commissioner Brian Pate asked in what case more officers would be permanently assigned to PSA 107.  Fowler responded that the PSA is currently the most heavily staffed among the PSAs.  PSA 107 roughly includes the area bounded by 2nd Street on the west, 13th Street on the east, G Street on the south, and Lincoln Park and North Carolina Avenue on the north.  Smaller than either PSA 106 to the south and 108 to the east, it is home to many members of congress, their staff, and other government officials. 

Mayor Gray recently was denied authority to hire an additional 48 police officers for the District by vote of the City Council.  Given the staffing of PSA 107, it’s not clear that additional officers are the solution to the problem. 

Here is a link to the relevant PSAs:  http://mpdc.dc.gov/node/158292

Pate and Fowler both remarked on the heavy attendance at last night’s PSA meeting which was held for the first time in the new location at Southeast Library.  Neither Fowler nor the ANC6B commissioners in attendance – Oldenburg, Pate, and Garrison – mentioned the scheduled appearance of Council Chair Mendelsohn at ANC6A next Thursday to discuss the shootings, or the community crime meeting – which, according to David Holmes, chair of ANC6A – is being arranged by Councilmember Wells and will likely involve Chief Lanier and Commander Hickson. 

Capitol Hill residents have many unanswered questions regarding the recent shootings, not only concerning the nature of the crimes themselves, but – at least in one case – the nature of police response.  In the view of some, the repetition of common sense advice regarding appropriate measures to take while in public – though not without merit – is a poor substitute for the more serious discussion that these serious crimes merit, including an assessment of the actions of those who have the professional responsibility for control, pursuit, and apprehension of criminals in the community. 

In other crime news, Metro transit released video-generated photographs of four young men who boarded a bus in Adams Morgan in the early morning hours of New Year’s Eve and attacked two women on the bus near 8th and G Streets, SE.  No word has come from either Metro Police or the MPD as to whether any of these four men match the descriptions or video of the four young men involved in the 12/26 shooting.  Please see the photographs at:   http://wmata.com/about_metro/news/PressReleaseDetail.cfm?ReleaseID=5397

Medstar plans urgent care center in the building above at 228 7th Street, SE

ANC Committee Gives Green Light to Eastern Market Urgent Care Center
Medstar Facility Likely to Open this Fall

by Larry Janezich

Last night, Bob Gilbert, President of Medstar Ambulatory Services, appeared before Chair Francis Campbell’s ANC6B Planning and Zoning Committee to present the case supporting a certificate of need for an urgent care and primary care facility across the street from Eastern Market. The remarks were warmly received by the committee which subsequently voted to enthusiastically endorse the proposal. The committee recommendation will go to the full ANC next Tuesday, where it will undoubtedly be endorsed by that body. Depending on variables involving the approval by the DC Department of Health and the city’s permit process, the facility could be in operation by the fall of 2013. Medstar officials expressed the hope it could open by the end of September.

Medstar plans two facilities with separate entrances on the first floor of the Home Care and Hospice Association Building at 228 7th Street, SE; a primary care facility, open 8:00am – 5:00pm, Monday to Friday, and an urgent care center, open 8:00am to 8:00pm, Monday to Friday and 8:00am to 4:00pm weekends and holidays.

The 5,500 square feet on the building’s first floor will be restructured into 12 examination rooms, a waiting room, a staff support space, an x-ray room and 3-4 bathrooms. The two facilities will share some of the same work space.

Medstar officials said the offices will be designed as a neighborhood center, and said that “most insurance plans” will be accepted. Gilbert noted that the average visit to a Medstar center runs $200 while an emergency room visit costs $1500. The office will be related to but entirely separate from the Medstar Primary Care Physicians located at 660 Pennsylvania Avenue, SE.

Residents whose properties are in close proximity to the building were on hand to express concern about deliveries and trash pickup and how these issues might affect them. They seemed reassured by the level of accommodation voiced by Medstar officials, but since – in the words of one neighbor “we had our fingers blistered” by the Hine development – they were taking nothing for granted.

Medstar is a $4 billion not-for-profit regional healthcare system with ten hospitals and a comprehensive network of outpatient centers serving Maryland and Washington, DC. They see a current need for access to primary care and estimate that a shortage of up to 40 primary care physicians currently exists in the downtown DC area. Medstar provides more than 30% of the inpatient healthcare in the DC market and is the largest provider of care in DC.

The Week Ahead …. Urgent Care Facility Coming to Eastern Market Block
June Tour de Fat Bike Parade to Skirt Capitol Hill

by Larry Janezich

January 2
Wednesday
ANC6B Planning and Zoning Committee meets at 7:00pm at St. Coletta of Greater Washington, 1901 Independence Avenue, SE.

Bob Gilbert and Ulana Bilynsky will present the case in support of a certificate of need to establish Medstar Health, a primary care physician’s practice and urgent care practice on the ground floor of the Home Care And Hospice Association building at 228 7th Street, SE.

Also on the agenda:

Gina Arlotto will make the case for the Tour de Fat Parade on June 1, 2013. The Tour de Fat Parade is a costumed bicycle parade sponsored by New Belgium Brewing which made its Washington debut in 2012.. The event raises money for local nonprofits (generally in the world of bike advocacy – including trail maintenance, safety education, lobbying for better bicycle communities and other impact initiatives) through beer and merchandise purchases. Last year, a series of events raised more than $500,000. The parade is scheduled to begin at 10:00am from Yards Park and proceed to RFK Stadium via M Street, SE, and the Anacostia Riverwalk Trail and return to Yards Park by the same route.

David Blackstock and Diane Odell will present a request for a zoning variance to allow to allow construction of new three unit residential building on the empty lot at 1311 Pennsylvania Avenue, SE.

January 3
Thursday
ANC 6B ABC Committee Meets at 7:00pm in Hill Center. The agenda is uncertain.