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Commissioner Green, Chair Glick, and Commissioner Pate at Tuesday Night's ANC Special Call Meeting on the Hine Development

United ANC6B Wants Change in C Street Building but Endorses Latest Hine Plans; Divided ANC Passes Second Memo Listing Remaining Concerns

by Larry Janezich

In a rare unanimous vote, ANC6B asked Stanton/Eastbanc, developers of the Hine Project, to move the 5^th floor of the project’s C Street residential building farther toward 7^th Street in order to address the concerns of 8^th Street residents whose two story homes the building would overlook.  Apart from this, ANC 6B generally expressed support for Stanton/Eastbanc’s latest drawings.  The action came on a measure sponsored by Vice Chair Ivan Fischberg and Commissioner Brian Pate.  Both received plaudits from Commissioners Garrison and Metzger, who have often found themselves at odds with the ANC majority.

In addition, the ANC declared they had no issue with the height and massing of the Plaza residential building (formerly referred to as the 7^th Street residential building), urging only additional symmetry in the C Street façade of that building.  The ANC praised the west façade, calling it “well designed.”

The action came at an ANC Special Call meeting on Tuesday in preparation for the hearing before Historic Preservation Review Board (HPRB) August 4^th for height, massing, and design approval of the C Street residential and the plaza residential buildings and for the project’s landscape design.

The final recommendations passed on a 9-0 vote.  Commissioner Campbell was absent.  The project’s other two buildings were approved by HPRB on June 30.

The united front of the Commission dissolved once Commissioner Brian Pate called up a second memorandum expressing concerns with the historic review process for the project, concerns with the overall project itself, and concerns with the overall lack of guidance and precedent on the construction of sustainable projects and transit oriented development in historic districts.

Regarding the process, the memo criticized HPRB’s decision to review the historic application in pieces, undermining the ability to look at the whole project at once.  The “exceedingly short timelines for review” were also singled out for criticism.

During the discussion, Frischberg joined Chair Neil Glick and others in voicing concerns on the lack of time for review.  When Frischberg pressed Eastbanc developer Joe Sternlieb on why the HPRB review could not be delayed for a month to allow more time for input, Sternlieb replied that filing for the Public Unit Development process cannot be done until after the HPRB review, hence a delay would reverberate beyond the HPRB process alone.  Stanton/Eastbanc “has a team of people we’re paying,” Sternlieb told Frischberg, and “without HPRB approval, [architect] Amy Weinstein can’t go ahead.”

The memo listed the ANC’s remaining concerns with the overall project as follows:

• Need for reduced height or a set back at entrance of 8th Street residential building;

•     Need for further design work at roofline and on windows of 8th Street residential building;

•     “The building at 8th and D, especially in the context of the 7th and PA Ave building is not acceptable.  We must reinforce that we believe the design falls short of the distinctive and Hill appropriate architecture that this space deserves”;

•     Need for continued efforts to reduce the visual impact of mechanical penthouses;

•     The evolution of the courtyard from open, public space to closed private space and attendant negative impact on massing pedestrian access and potential future programming of the space.

Finally, the memo called upon HPRB to elucidate principles for large scale, sustainable developments in historic districts.  The memo suggests the Historic Preservation Office staff partner with historic preservation organizations and smart growth oriented urban planning organizations to discuss formulation of principles.

The memorandum passed the ANC on a vote of 5 – 2 – 2.  Voting for:  Critchfield, Frischberg, Green, Glick and Pate.  Against:  Flahaven and Metzger.  Abstaining:  Oldenberg and Garrison.

As previously reported on emmcablog, at its Tuesday night Special Call meeting, the ANC6B recommended as part of its first memorandum, agreed to unanimously, that HPRB consider ways to accommodate more of the flea market than the 68 tents which the current plan anticipates for the plaza.  That language, sponsored by Commissioner Brian Pate, stimulated action the next day on the part of the Eastern Market Community Advisory Committee (EMCAC) in support of the flea market.  When Donna Scheeder, appointed by Council Member Tommy Wells and current chair of EMCAC, gaveled the Wednesday night meeting into session, EMCAC members proceeded to authorize sending letters to the City Council, Office of the Deputy Mayor, and the Historic Preservation Review Board to urge that the Hine development accommodate a number of spaces equal to what is currently available for the weekend market – more than twice the number in the Stanton/Eastbanc plan. Representatives of EMCAC are seeking a meeting with Stanton/Eastbanc, the project’s developer.

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Size of Weekend Flea Market Cut in Half in Hine Development Plan:

Developer Suggests Options Exist for Accommodating Overflow Elsewhere

by Larry Janezich

Tuesday night, the ANC6B passed a recommendation to the Historic Preservation Review Board (HPRB) on the two remaining Hine buildings coming before the Board next week.  The memo expresses the ANC’s concern about the downsizing of the popular weekend flea market as the result of confining it to the plaza planned for the intersection of 7^th and C Streets.

The memorandum notes, “[w]hile the size of the plaza itself has not changed since February, the number of tents it is depicted to support has changed.”  The memo goes on to note that the original RFP (Request for Proposal) plans called for support for over 100 tents.  “Plans presented in February 2011 depicted 72 tents,” the ANC noted, and “the latest design depicts 68 tents.  The current weekend market supports up to 140 10×10 tents. While the Board (HPRB) has given preliminary approval to the overall site plan, the apparent reduction of weekend market space suggests that the Board might want to review alternate configurations that would meet the terms of the city agreement and respond to community input.”

In a meeting with neighbors last Sunday night, StantonEastbanc suggested that there were ways to accommodate additional tents.  Ideas floated at that meeting included closing C Street between 6^th and 7^th Street, or 7^th Street between Pennsylvania Avenue and C Streets on weekends.  Those ideas, however, appear problematic, at least on their face, given the controversy which arose over Mayor Fenty’s decision to close 7^th Street next to Eastern Market on weekends.  Another idea which has emerged in previous neighborhood discussions is using Eastern Market Metro Plaza for part of the weekend market.

Commissioner Garrison urged, while making clear he was not pushing for an increase in the number of spaces for tents,  that the developer enter into a conversation with “Eastgern Market” about how many tents were actually needed for the weekend market. Commissioner Metzger suggested that a reduction in the total number of tents might be beneficial, raising the “quality,” though he did not specify what he meant by that.

The final version of the memorandum, which passed on a 9-0 vote, contained an ANC recommendation that the developer discuss the weekend market with flea market managers. Commissioner Brian Pate noted that the language was being agreed to in the context of new legislation from Councilmember Wells’ office to restructure the Eastern Market management.  It is unclear how this may affect the timing or nature of these discussions.

The developer’s current plan for a double row of back to back tents on the project’s plaza can be viewed here:  http://www.hineschool.com/sites/default/files/julyhprbbook.pdf  (Scroll down to L-03, about 19 pages down in the document.)

Hine Project Landscaping Plans to Be Considered by Preservation Board Next Week – HPRB Will Also Rule on Project’s 7^th Street and C Street Residential Buildings

by Larry Janezich

Hine neighbors met with Stanton Development Sunday night to hear the developer’s presentation on the plans which will be before the Historic Preservation Review Board (HPRB) on Thursday, August 4.  The plans, which will include the layout for the weekend flea market will be presented to the larger community at ANC6B’s Special Call Meeting, set for Tuesday, July 26, 7:00 -9:30 pm, People’s Church/National Community Church, 535 8^th Street, S.E.

Following are the main points which emerged from the presentation and the discussion which followed.

• The 7^th Street residential building may yet be a hotel.  Stanton says that two hotels have expressed interest.  Each have their own criteria and are awaiting number crunching and HPRB design approval to determine if the space will work for them.
• Like other buildings in the project, the façade designs of the 7^th street and C Street buildings have been simplified and parts of the C Street building have been lowered by two feet.
• The current plan is for the interior courtyard to be private.  A discussion revealed considerable support for public use of the space among the neighbors.  The developer suggested one way to accomplish this would be for public events to be hosted in the courtyard, should a hotel end up occupying the 7^th and C Street residential building.
• No contracts with retail outlets will be sought until construction is well underway, about two years from now.
• The amount of parking in the building is still uncertain.  The developer says that whether there will be more than one level of parking is still undecided.
• Joel Larsen, from the city’s Office of Planning, will make a 20 minute presentation explaining the Planned Unit Development process ANC6B’s Special Call Meeting on Tuesday.  That process will begin sometime next spring and will be the community’s last chance to win concessions (amenities) from the developer regarding the project.
• Stanton’s Design Concept for the two buildings and the landscaping can be viewed here:  http://hineschool.com/vision

The Week’s Wrap Up:  ANC Committee, ANC Taskforce, and CHRS Meetings –New Development at the old Pennsylvania Avenue KFC?

by Larry Janezich

Hill East Taskforce to Discuss New Development at Old KFC Site

Commissioner Brain Flahaven announced on Friday the agenda for the Capitol Hill East Taskforce which will meet for the first time on Wednesday, July 27, at 7:00pm, at St. Coletta School, 1901 Independence Avenue, SE.  The meeting will establish the boundaries for its jurisdiction – essentially define the nebulous “Hill East” – and discuss a new proposed development – mixed retail/residential (21 units, retail on the first floor) – of the Old Kentucky Fried Chicken Outlet at 1442 Pennsylvania Avenue, S.E.

Commissioner Brian Pate’s Community Outreach and Constituent Services Taskforce

The Taskforce met Wednesday night – perhaps for the last time in the current ANC office space rented from The Tipton Group.  ANC6B hopes to move into new quarters on the top floor of Hill Center in early August.

Bylaws

Among the topics addressed was the need for a clarification of the by-laws.  ANC6B Parliamentarian Brian Flahaven will undertake the project, which comes in the wake of bylaw violations by three of ANC6B’s Commissioners involving testimony in support of the Hine Development before the Historic Preservation Review Board.  The case provided a revealing look at the ambiguities contained in the rules.

Technology

Pate’s taskforce is addressing website, technology and media issues.  Committee members and resident members brought ideas to the table for improving existing web-based communication and adopting practices already employed by other ANCs.  .

Liaising with City Council Members

One of Pate’s goals is outreach to City Council Members at Large.  To that end, he is developing a plan to invite at large members of the council to address the ANC at their monthly meetings on a regular or semi-regular basis.

Resident members.

Commissioner Pate is actively soliciting the participation of resident members to serve on ANC6B Committees and Taskforces.  Currently, one resident per single member district (i.e., one resident per commissioner) can serve on a committee.  Resident members may vote on issues before committees within their single member district, or when their commissioners are not present.  There is no limit on the number of resident members who may serve on an ANC taskforce.  There are three standing committees:  Alcohol Beverage Control, Planning and Zoning, and Transportation.  The first two have official cachet with the DC city government.  Transportation is a newly established committee trying to carve out a role for itself on transportation and parking issues.  The two current taskforces are the Community Outreach and Constituent Services Taskforce, and Commissioner Brian Flahaven’s Hill East Taskforce.

ANC6B will fine-tune the process for approving resident members at the September ANC meeting.

Commissioner Kirsten Oldenburg’s Transportation Committee

CSX Tunnel

At Wednesday’s Transportation Committee Meeting, officials from CSX gave the new committee an update on the plan to widen and heighten the Virginia Avenue Tunnel.  The plan entails “double tracking and double stacking” the 3800 foot tunnel between 2^nd Street and 11^th Street, S.E., on the south side of the Southwest Freeway.

Construction will likely start in March of 2013.  A ways off, but what concerns the ANC is the potential for traffic disruptions occasioned by the beginning of construction on the tunnel and its impact on traffic issues complicated by the rebuilding of the 11^th Street bridge.  DDOT is seeking ways to smooth the flow of traffic over the new bridge during this period without having the preferred route become filtering through Capitol Hill residential streets.

DDOT, working closely with CSX officials, assures that the reconstruction plan will leave all north-south streets under the Southwest Freeway open, with the exception of Sixth Street.  Formal Plans will likely be revealed to the public in November with a final proposal ready early next year.

Planned Performance Parking Fund Projects

In other work, the Transportation Committee is formalizing a procedure to encourage the promulgation of ideas for projects which could be eligible for funding through the Performance Parking Fund.  Details are still being worked out, and should become clearer by the next ANC6B Meeting on September 13.  (There is no ANC6B meeting in August.)

Capitol Hill Restoration Society Board Meeting

The CHRS Board, Chaired by Beth Purcell, met on Tuesday night and after conducting routine business of approving the minutes and hearing the financial report, went into executive session for almost two hours to formulate the budget for the next year and to discuss renting office space from Hill Center.  Information from Hill Center distributed at the meeting shows nine office spaces on the building’s third floor, with monthly rates from a low of $750 to a high of $1050 a month.  At last month’s meeting, CHRS contributed $5,000 toward the restoration of the fence surrounding the Center.  CHRS currently rents space from the Architectural firm Architrave, at 410 10^th Street, SE.

Commissioner Dave Garrison (File Photo)

ANC 6B Executive Committee Finds Three 6B Commissioners in Violation of Bylaws – Votes to Correct the Record with Historic Preservation Review Board on Hine

by Larry Janezich

Monday night, at an emergency meeting of ANC 6B’s Executive Committee, three ANC 6B Commissioners – Dave Garrison, Kirsten Oldenburg, and Norm Metzger – were found to have violated ANC 6B bylaws in presenting a joint statement to the Historic Preservation Review Board (HPRB) during a June 30 hearing on the Hine Development.  The three commissioners made a statement strongly supportive of the project, in contrast to the official statement of ANC6B which raised numerous issues with the project and recommended several major design changes.  The three were charged with failing to explicitly state that their testimony was not representative of ANC 6B; failing to explicitly state whether and when their testimony was contradictory of official ANC positions; and of seizing an “opportunity to stress several points not made in ANC 6B’s formal testimony” without stating that at least one of those points addressed an issue that the Commission had not yet deliberated upon.

Of the three Commissioners found to have violated the bylaws, Garrison was the only one present for the meeting.  At various points in the occasionally contentious discussion, Garrison stipulated that he had violated the bylaws, but insisted that he had done so unintentionally and without consequence.  He added that he had corrected the record with HPRB by correcting his testimony after the hearing.  In fact, the corrected testimony filed after the fact differed only in that it included the disclaimer “We are not speaking on behalf of ANC 6B.”

Though prompted by his colleagues at several points, Garrison offered no apology.  ANC 6B chair Neil Glick went so far as to characterize Garrison’s representation before the HPRB as “dirty testimony.”  Glick and others belabored the “lack of contrition,” as Commissioner Brian Pate put it, in both Garrison’s remarks during the meeting and Commissioner Kirsten Oldenburg’s effort to correct the testimony after the fact, which she presented to constituents as a clerical error (“I goofed and attached the wrong version….”) rather than as an effort to correct a violation of ANC 6B bylaws.

While the discussion of contrition elicited the strongest remarks, the most pointed part of the meeting came when Commissioner Garrison insisted that the punitive sanctions for infractions against the bylaws listed in ANC 6B bylaws (Section 2 of Article Six) did not apply to the violations he admitted committing, so ANC 6B had no authority to impose any.  If it did so, Garrison threatened, the Commission would have to “talk to my lawyer” and “answer to the Attorney General.”  A close reading of the paragraph on sanctions reveals ambiguity regarding exactly which infractions the sanctions apply to, depending on whether the language is interpreted broadly or narrowly.  The Executive Committee opted to recommend to the full ANC that a letter be sent to the HPRB detailing the violations of the bylaws and correcting ANC 6B’s position on the Hine Development for the record.

ANC 6B will discuss and vote on the recommendations put forward by the Executive Committee on Tuesday night during its regularly scheduled meeting.  Voting in favor of the findings of fact that violations of the bylaws had indeed occurred and voting in favor of a letter to HPRB as the proposed remedy were Commissioners Critchfield, Frishberg, Glick, Green, and Pate.  Commissioner Garrison abstained from all votes.  Though the complaint originally lodged by Commissioner Pate listed only Commissioner Garrison as having violated the bylaws, the Executive Committee amended the findings of fact to list Commissioners Metzger and Oldenburg as having violated them as well.

Perhaps more than any other issue, deliberation over the Hine Development has introduced tension on ANC 6B.  At the meeting Monday night, Commissioners Pate and Glick referred back to the efforts made to include or accommodate Commissioners Garrison, Oldenburg, and Metzger, first in the original Hine resolution, and later in the memorandum reiterating components of the ANC 6B position on Hine for the benefit of the second HPRB hearing held to discuss it.  It was at the latter hearing that the bylaw violations occurred.  Garrison offered no rebuttal or comments on that point, instead arguing that the gathered Commissioners “were beating up on us” and using procedural arguments to critique substantive positions.  In defending his testimony as representing Oldenburg and Metzger as well, Garrison said only that “a sense of efficiency” encouraged them to consolidate their positions – though he also insisted that doing so did not constitute a “minority report.”

Tuesday night, ANC6B will take up the motions put forward by the Executive Committee, along with its regularly scheduled business including a special exception to permit a Chipotle on Barracks Row and final action on the recommendations of the Retail Mix Committee.  The  meeting will occur at the Church of Jesus Christ of LDS, 522 7th Street, SE, (The Old Safeway Building), 7:00 p.m.