Category Archives: Uncategorized

July 22, 2011 · 6:23 pm

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

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 2nd Street and 11th 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 11th 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 10th Street, SE.

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July 20, 2011 · 6:50 pm

EMMCA President Riehle Files Objection to Hine Timeline with Historic Preservation Office

EMMCA President Riehle Files Objection to Hine Timeline with Historic Preservation Office

by Larry Janezich

Today, EMMCA President Barbara Riehle sent the following letter to the staff of the Historic Preservation Office, which participates in the review of the historic preservation application for the Hine Development.  The staff will write a report to the Historic Preservation Review Board (HPRB) on the remaining buildings for consideration.  While HPRB had originally set July 28 to hear from the developers and the community regarding the design of the 7th Street residential building and the C Street residential building, the date for the hearing has been moved to the 4th of August.

Stanton-Eastbanc will deliver their latest drawings to the Historic Preservation Office (HPO) as previously scheduled, Thursday, July 21.  The plans go to the HPRB on Friday and will be posted on the Stanton-Eastbanc website, Hineschool.com.

The ANC has scheduled a special call meeting for Tuesday, July 26, to hear a presentation from the developers on the two buildings remaining for consideration, hear from the community, and formulate a response to the designs for submission to HPO on Wednesday, July 27.

On July 29, the HPO staff will file its report on the buildings with HPRB.

Although the hearing has been pushed back a week, the remaining aspects of the schedule have not changed, so the community will have a very limited window in which to deliver a response to HPO.  To ensure that written comments will be seen by HPRB members, those comments must be filed by July 27.  Members of the community may appear in person during the public hearing on August 4 to make a presentation without filing an advance copy of the remarks.  At the HPRB hearing on June 30, a number of supporters of the Hine project joined EMMCA and other local groups to offer testimony on the project.  For the most part, supporters of the project offered testimony on their perception of how the project would benefit the community rather than on the historic preservation aspect of the project.  To that extent, the testimony of these advocates appeared more orchestrated than spontaneous to some observers.

The letter from Barbara Riehle:

Mr. Steve Callcott and Ms. Amanda Molson

Historic Preservation Office

Dear Steve and Amanda,

The timeline for the Historic Preservation Review Board’s (HPRB) and ANC6B’s consideration of the remaining aspects of the Hine project is deeply troubling. As you know, EMMCA – Eastern Market Metro Community Association – represents more than 100 households in the neighborhood surrounding the Hine site. Ensuring that each of EMMCA’s members has an opportunity to shape EMMCA’s position on issues is an integral part of our organization, and, I believe, sets us apart from groups whose decision-making rests with a select few.

Until now, the Hine developers have been accommodating to neighbors and interested parties in terms of making plans accessible in a timely manner. Regrettably, the current timeline – even with a one week delay by HPRB – is insufficient to permit informed community input.  Much was made, in testimony before HPRB last month by individuals testifying in favor of  the current designs, about not delaying this project any more than it already has been. It is important to clarify that no delays to the project have come from community members.

In fact, the only delays that have occurred were sought by the developers and granted by the City.  Permitting adequate time for the community to review and comment on the plans, which will alter permanently the character of the neighborhood, assures the integrity of the process.

The next phase of the Hine project is the Planned Unit Development (PUD) process.  No schedule or notice for the PUD process has been provided yet, and there is no reason to believe that providing additional time now for community review will have any impact on that next phase.

All the best,

Barbara Riehle

President, EMMCA

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July 18, 2011 · 3:53 pm

Hill Center and Neighbors to Begin Mediation on Voluntary Agreement for Alcohol License

Hill Center and Neighbors to Begin Mediation on Voluntary Agreement for Alcohol License

by Barbara Riehle

This morning, about twenty neighbors of the soon-to-open Hill Center met at the Alcoholic Beverage Regulatory Administration (ABRA) on 14th  and U Streets, NW, to begin the formal protest and mediation process triggered by the Hill Center’s application for a liquor license.

Last month, ANC6B, by a vote of 8-0, approved a modified version of the Hill Center’s liquor license application over the objections of neighbors, several of whom noted that they only learned about the Hill Center’s application through EMMCAblog.  The action resulted in an organized protest of the license application with the purpose of strengthening the ANC-approved voluntary operating agreement which the neighbors considered inadequate.

In today’s action by ABRA, twenty five of the more than 150 residents who signed a related protest petition, were designated as official parties to the protest.  Pope Barrow, Kenneth Cooper, and Jill Lawrence were designated as official representatives of the protestants.  Nicky Cymrot, President of the Old Naval Hospital Foundation, and Paul Pascal, attorney for the Hill Center, were present on behalf of the applicant.  On Thursday, July 28, at 10 a.m. LaVerne Fletcher, the mediator, will begin mediation between Protest Representatives Barrow, Cooper, and Lawrence and Hill Center Representatives Pascal and Cymrot.  The purpose of the mediation is to hammer out a voluntary agreement on hours of operation, number of patrons, entertainment, parking, and the like. The Hill Center’s application seeks operating house from 7a.m. to 2 a.m. on weekdays and until 3 a.m. on weekends, with up to 500 patrons and amplified music inside and in the summer garden.  Partly in response to neighborhood concerns, Hill Center has posted alcohol service and entertainment policies on its website which are considerably scaled back from what the extremes of the application would permit.

Neighbors want these additional restrictions – as well as a few more – agreed to in writing as part of a new voluntary agreement.  A Status Hearing is tentatively scheduled for August 17, although attorney Pascal requested an earlier date due to vacation plans.  When the meeting does occur, ABRA will be informed about whether the two parties to the mediation process have reached agreement.  If the applicant and the protestants cannot reach agreement, a Protest Hearing is set for October 5.

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July 12, 2011 · 11:58 pm

ANC 6B Approves Chipotle Application; Vows No Alcohol Moratorium for Barracks Row For Now; Accepts Finding of Fact on Bylaw Violations

ANC 6B Approves Chipotle Application; Vows No Alcohol Moratorium for Barracks Row For Now; Accepts Finding of Fact on Bylaw Violations

by Larry Janezich

In a varied and lengthy meeting Tuesday night, ANC 6B unanimously approved the application for a special exception in order to allow Chipotle Mexican Grill to open a restaurant on Barracks Row.  In other business-related news:  Pitango Gelato, now open on 7th Street, obtained ANC 6B’s blessing to provide outdoor seating on benches outside their storefront; and Pound on The Hill was also approved for outdoor tables and chairs.  Most significant, the Commission voted unanimously to accept the recommendation of the ANC’s Retail Mix Taskforce that the ANC forgo discussion of an alcohol moratorium on Barracks Row for the time being.  Commissioners concerned with the removal of this “tool” from the ANC “toolbox” accepted the resolution once language was added clarifying that the Commission reserves the right to revisit the question of a moratorium should conditions or constituent sentiment seem to warrant it.

The Commission also voted unanimously to accept the guiding principles set forward by the Retail Mix Taskforce outlining what should be under discussion when considering a liquor license application.  These principles stressed alleviating undesirable neighborhood effects, including encouraging staff to park their cars on non-residential blocks or to take public transportation.

In other business, the Commission voted to accept the findings of fact approved at Monday night’s Executive Committee meeting that stipulated the violations of the bylaws that occurred when Commissioner Garrison testified before the Historic Preservation Review Board (HPRB) regarding the Hine project.  The findings extended to Commissioners Metzger and Oldenburg, on whose behalf Garrison also spoke.  The vote to approve the findings was 7 – 0 with three abstentions (Garrison, Metzger, and Oldenburg).  The Commission then voted to send a letter detailing the violations for the benefit of the HPRB and clarifying the position of ANC 6B on Hine for their record (abstaining on this vote were Campbell, Garrison, Metzger, and Oldenburg).  Taking a tack Garrison had refused in Monday night’s emergency Executive Meeting on the matter, Commissioner Oldenburg read a statement on behalf of herself, Metzger and Garrison.  Included in the statement was an acknowledgment of the infractions as well as an expression of “regret,” followed by an apology, and then a promise to “fully comply” with the bylaws in the future.  This statement seemed to mollify the Commissioners who seemed the most upset at the absence of “contrition” at the Executive Committee meeting last night; it also seemed to obviate the need for a lengthy and contentious discussion.

Near the meeting’s end, the Commission voted to send a letter – the exact content of which was to be determined – objecting to the abrupt removal of Councilmember Wells from his duties as Chair of the DC Council’s Transportation Committee today.  Seven Commissioners voted to approve the effort, while Commissioners Green and Critchfield opposed it and Commission Chair Neil Glick abstained.

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July 12, 2011 · 1:03 am

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

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.

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July 10, 2011 · 8:27 pm

Hill Center Neighbors Detail Goals of Liquor License Protest

Hill Center Neighbors Detail Goals of Liquor License Protest

by Larry Janezich

A core group of protesting neighbors met on Friday, June 8, and agreed on which of the operational details governing the rental of space for social events currently listed by Hill Center on its website should be formalized in an enforceable voluntary agreement (VA).  In addition, the group agreed on a number of new restrictions that should be part of a new VA.

The list of items is as follows:

Hill Center policies on Website to be written into a VA

1)  Alcohol service in the Garden will end at 8:00 p.m., Sunday through Thursday, and 9:00 p.m. on Friday and Saturday.  Inside the building, alcohol sales will end at 11:00 p.m.  The hours for entertainment are the same as those for alcohol service.

2)  All equipment must be delivered after 7:00 a.m. and removed by 12:00 midnight.

3)  All events that expect more than 30 cars must contract with our approved valet parking vendor.  Hosts will encourage their guests to use public transportation and taxis.

In addition:  For events with 100 or more guests, jitney service will be provided between the parking site and the Hill Center in order to reduce the noise that results from patrons waiting for their cars to be brought to them,

4)  Clean up requirements of caterers regarding removal of trash from the site and restoring the building and/or the garden to its pre-event condition.

In addition, there should be a commitment to contract with the BID to insure that the area surrounding the site is cleaned up.

Additional items to be written into a VA

1)  Occupancy for special events would be limited to 250 people (outdoor and indoor combined).

2)  No amplification of sound at garden area events.  Windows will be closed for any indoor event.

3)  Security personnel for events serving alcohol will provide a visual presence on the site and the surrounding street will be monitored by security for at least one hour after closing time for the event.

4)  The Hill Center will facilitate access to personnel on site during events (cell phone numbers, e-mail addresses, pagers or whatever will expedite resolution of problems.

5)  The Hill Center will keep a log of complaints and resolutions of problems that will be accessible to the neighborhood upon request.

6)  The staff and/or board will convene a meeting with Hill Center neighbors 6 months after the VA is signed by both parties and approved by ABRA.  This meeting will provide an opportunity for discussion as to whether the VA has met the expectations of both sides.  Mutually agreeable changes will be made after a free and open discussion.

7)  Any transfer of this alcohol beverage license will be limited to transfer to another 501C3 organization.

8)  The Old Naval Hospital Foundation shall amend the Alcohol Beverage license application to include the changes in this Voluntary Agreement and file this with the Alcohol Beverage Review Board.

Protest group leaders Jill Lawrence and Barbara Eck have released specific items they hope to see included in a new voluntary operational agreement (VA) with Hill Center.  Lawrence has been the point person in organizing neighborhood meetings and gathering signatures on the protest letter and petitions of support.  Erepresentatives.ck has led the efforts in navigating ABRA regulations and liaising with Hill Center.

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July 9, 2011 · 8:52 pm

Neighborhood Group Files Formal Protest On Hill Center Liquor License Application – Wants New, Tougher Voluntary Operating Agreement

Neighborhood Group Files Formal Protest On Hill Center Liquor License Application – Wants New, Tougher Voluntary Operating Agreement

by Larry Janezich

On Tuesday, July 5, a protest letter signed by 27 nearby neighbors of The Hill Center was filed with the Alcohol Beverage Review Administration (ABRA).  Backing up the letter was a petition of support signed by some 150 neighbors who live around The Hill Center who will be affected by the Center’s business plan.  That plan includes raising a major portion of the Center’s operating funds by renting out space for receptions and weddings.  Well known Hill residents Jill Lawrence and Barbara Eck have been spearheading the protest effort and working to keep the community informed.  The full text of the protest letter is on emmcablog in a separate posting below..

The protest letter outlines the concerns the neighbors have to the licensing stipulations written on the Hill Center’s posted liquor license application.  (See emmcablog posting on June 1).

ANC6B lent its approval to the liquor license June 15, on an 8-0 vote after working out a voluntary agreement (VA).  (See emmcablog posting on June 15) . The protesters feel this VA inadequate.  The group is not working with the ANC now because they feel the Commission did not reach out to the neighbors prior to the ANC vote and because it endorsed the liquor license application with minor changes after hearing only objections to the license from the crowd of neighbors who spoke at the meeting.

Following the formal filing of the letter on Tuesday, protest group representatives contacted Old Naval Hospital Foundation President Nicky Cymrot and told her the protest had been filed to make possible the negation of a new VA that each side could live with.  Group representatives said Cymrot pledged to see what the Hill Center’s Board of Directors wanted to do and would let the group know.  As of posting time, no word had come from Cymrot.  The protestors hope to reach an agreement and get a VA signed and registered with ABRA even before the ABRA’s “Roll Call hearing” on July 18th.  If that is not accomplished, group leaders say that many more than the required five protesters will appear at the meeting to validate the protest.

In that case, the process for forging a new VA passes to the oversight of a mediator assigned by ABRA to work with both sides to craft an agreement.  Negotiations could begin immediately after the meeting, or the sides may agree to meet at a later date and time.  The two sides can agree to meet prior to a mediation to begin working on details, and the process continues for as long as it takes.

According to Barbara Eck, “ABRA often has multiple protests of a license that sometimes results in more than one VA with differing terms.  They strongly encourage the groups to combine terms into one VA to facilitate enforcement.  No applicant wants to be governed by more than one voluntary agreement.”

On Friday, the protest group met to consider what specifics the VA should cover.  They identified the items in the Hill Center operation plan posted on the website that the group wants written into the VA.  They also identified other items they want included in the agreement.

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July 9, 2011 · 8:39 pm

Text of Neighbors’ Formal Protest to Hill Center’s Liquor License Application

Text of Neighbors’ Formal Protest to Hill Center’s Liquor License Application

TO:                  Alcohol Beverage Control Board

FROM:            Near Neighbors of Hill Center Protest Group

RE:                  Protest of issuance of the following new license as described on the placard

DATE:            July 1, 2011

ABRA License # 086926

Old Naval Hospital Foundation

t/a The Hill Center

921 Pennsylvania Avenue, SE

C – Multipurpose

We, the undersigned residents of the neighborhood surrounding the Hill Center at 921 Pennsylvania Avenue S.E, protest the issuance of a Class “C’ alcohol beverage license with entertainment endorsement, and the operation of events in the gardens with 500 person occupancy. The issuance of such a license with its listed hours of operation (7a.m. to 2 a.m. and 3 a.m.) for dancing, occasional DJ and live music for special events, will impact adversely on the peace, order and quiet of the neighborhood. Moreover, it will have a significant adverse impact on residential parking needs, vehicular and pedestrian safety, and real property values.

DC CODE 25-404 –INAPPROPRIATE SITE OF BUILDING AND GROUNDS      

The openness of the Hill Center building and grounds is inappropriate for large, late parties with amplified music and dancing. This use will harm peace, order, and quiet; and real property values.

The applicant’s request for occupancy of 500 people with alcohol service from 7 am to as late as 3 a.m., with amplified entertainment outdoors, is not compatible with this 90% residential neighborhood, which in much of the surrounding area is fairly quiet.

To the north the unbuffered, 8-lane-wide Pennsylvania Avenue corridor allows sound from the Hill Center to travel to the Butterfield House condos 1020 Pa Ave, 400 block of 10th, 300 block of 9th, and 800 block of D.

Directly to the south (E Street, South Side) are the front windows of row houses that are so close (approximately 60′), an average boisterous conversation on the back stairs of the Hill Center can be heard inside these homes.

DC CODE 25-404 LOCATION IMPACTS QUIET RESIDENTIAL NEIGHBORHOOD

The surrounding blocks are over 85% Residential. Petitions signed by large numbers of homeowners and renters living in the neighboring 25 residential blocks between 8th and 12th and C and G, SE reveal the widespread concern of neighbors, many of whom currently enjoy peace, quiet, safety and reliable parking.

The nighttime activity in the area around the Hill Center is completely different to the east than it is directly south and west.  The northeast and southeast are currently calm and quiet with good parking. Also, to the east side, only 4 blocks are commercial and that type of commercial is small stores and offices that close at 7 pm. – no bars and no liquor stores.  This area will suffer extreme adverse effects of parking, noise and public safety from late, loud Hill Center activities.

In marked contrast is the situation currently faced by residents living to the south and west of the Hill Center.  They are already dramatically impacted by the number of bars and restaurants on 8th Street Barracks Row.  They have ongoing multiple issues with noise and parking currently.  With the addition of late night activities at the Hill Center, they will be surrounded on all sides  which will cause adverse effects for them as well.

APPROPRIATENESS STANDARDS – DC Code 25-313

Residents in the neighborhood expect the following four categories of adverse effects to result from issuing this liquor license with its current stipulations:

1. REAL PROPERTY VALUES

Neighborhood homes are known for quiet sidewalks and back yards, with birds, squirrels, outdoor patio tables and chairs, and auxiliary rooms where people work in home-based businesses.

Noise, parking, and safety problems due to loud, late parties with large numbers of people will adversely affect selling prices and rents and could increase the time on the market, causing monetary loss.  The reputation of the neighborhood would suffer as the word spreads about nighttime outdoor announcements and wedding bands. Many of us are nearing retirement or retired and rely on our homes retaining value or growing in value for potential sale in the future.

2. PEACE, ORDER AND QUIET

The requested alcohol service beginning at 7 am and extending to 2 am on weekdays and 3 am on week nights will result in disruption of the peace, order and quiet of the neighborhood and disrupted sleep for nearby residents. There are four issues:

A. Noise – Outdoor Amplification in the Summer Garden

With amplified music and dancing outdoors with up to 500 people, it is highly unlikely that amplified voices and music will not exceed the legal limits of 60 db at the fence line of the property, which is the sound level of a microwave oven.

The Summer Garden grounds are higher than surrounding sidewalks and roads, with no buffers of evergreens, hedges or abutting buildings to control or contain this sound. Because there is no other nightlife in the immediate vicinity, there is little ambient sound of traffic or hum of voices to mask sound from the Hill Center’s DJ’s, live bands or dancing.

B. Noise – Indoor Amplification with Bands, DJs and Dancing

The largest room available for events is in the middle of the back (south side) of the Hill Center along the 900 block of E Street, SE. The windows directly face neighbors’ bedroom windows.

Amplified sounds from behind the windows will be difficult to contain, especially live bands or DJs which tend to have thumping, rhythmic vibrations. Having entertainment continue past 10 pm on weekdays or past 11 pm on weekends would cause great hardship to the E Street neighbors, especially elderly and those with young children.

C. Noise – Loading of Equipment from and to Commercial Vehicles

With alcohol service closing times of 2 am or 3 am, the neighbors anticipate 2 subsequent hours of noise from trucks loading tables, chairs, heating and serving platters, alcohol, glasses, stages, structures and tent plus trash. Loading these trucks is very noisy (metal on metal – wood on wood) with loud clunking, banging and rolling as well as idling and beeping as they back up. These are inappropriate sounds after 11 on a weeknight or after midnight on a weekend.

The 7 am start time for a breakfast with alcohol would mean that the trucks would unload equipment as early as 5 am, potentially violating the DC noise ordinance.

D. Noise – Patrons exiting and roaming our residential side streets to their cars.

Any event with large numbers of guests loudly and energetically celebrating with amplified music and dancing until late hours under the influence of free liquor will result in disturbance of the quiet neighborhood in the middle of the night. Their voices will be boisterous – calling out, laughing, beeping car alarms, flirting, possibly fighting, crying, peeing, and throwing up—all taking place under the windows of sleeping neighbors.

Families, including children, retirees and hardworking adults live across the streets to the north, south, and west—the streets where guests of the Hill Center will seek free parking and return to their cars late at night, many of them drunk.

3. PARKING – ADVERSE EFFECT ON RESIDENTIAL PARKING NEEDS

The neighborhood near the Hill Center is in the Capitol Hill Historic District.  Few of the 1800s buildings have parking, and there are very few parking lots nearby – even of minimal size. Residents rely on the small amount of on-street parking that exists. Residents pay for use of this public space with our taxes. The Hill Center has not planned parking for the large numbers of guests listed on the application, except for a few handicapped parking spaces on the property. These are the major issues:

  1. Current Parking Congestion

To the southwest of the Hill Center, parking is very congested already due to the 8th Street Barracks Row restaurants and bars. Parking is already eliminated from the west side of 9th in the 700 block for weekly Marine events leaving residents with nowhere to park.

To the northeast, the ratio of cars to street parking spaces is comfortably full. Residents are currently able to safely and reliably park near our homes; however, there are no extra spaces left over once everyone is home.

  1. No Parking Lots

There are no nearby parking lots (within 3 blocks) of a size sufficient to accommodate a large, sudden influx of cars for an event. There is one small lot for an elementary school 2 blocks away, but it holds a limited number of cars and is already contracted for Friday evenings from mid-May to Labor Day for guests of the Marine event. These are the same months of high operation for the Hill Center garden and already traffic jams are common.

  1. Few Open Metered Spaces

On weekdays, the metered spaces in front of the Hill Center on Pennsylvania Avenue are already mostly full as used by the row house offices. On weekends, they are filled by visitors to Eastern Market, Barracks Row, Frager’s Hardware, CVS, and other commercial establishments. Additional spaces will be taken by teachers and students coming for classes.

  1. Residential Side Streets Used by Wider Ward 6 Visitors

The residential side streets of 9th, 10th, 11th G, E, D, South Carolina and C are legally open to any and all of the 75,000 residents of Ward 6 who have a Zone 6 residential parking sticker. The neighbors already suffer from the wide use of these spaces by people who live 10-20 blocks away who come to take Metro or visit Eastern Market businesses.

4. VEHICULAR AND PEDESTRIAN SAFETY

If the Hill Center becomes known as a rentable, late-night party establishment, it could become a magnet for one-time hosts who have no reason to care about safety of the neighborhood.

A. Vehicular Safety

Drunk Driving

The later the party lasts, the more alcohol is consumed, the greater the drunk driving risk.

Traffic Jams

The Hill Center plans to use its side entrance on 9th Street, SE for everyone – all handicapped visitors, caterers, non-profit employees, event goers, teachers, classroom students, and staff. This will create a vehicular traffic safety issue. Use of the side entrance will bring increased traffic around on E Street to turn right to let passengers out at the gate.

Because 9th Street is very narrow and cars approach from both directions, and are likely to let off passengers on both sides, blocking access for disabled patrons to use parking spots on the grounds. Across the street a gas station has two driveways and an alley that need to be accessible for customers and fuel truck deliveries. Congestion on both E and 9th streets will lead to bumper-to-bumper blocked roadways with predictable honking and possibly road rage.

B. Pedestrian (and Guest) Safety with Large, Late-night Crowds

Crowd Control on Neighborhood Side Streets

Extreme overcrowding of the neighborhood roadways and sidewalks would occur if 500 people came to one event and most of them left simultaneously in the early morning hours.

Summer Garden Small Size Creates Overcrowding Dangers

Overcrowding the grounds is a problem for pedestrian safety in case of an emergency exit needed for fire, fight, or other incident.  People inside the required tent in the Summer Garden have no fence opening or gate on the eastern side of the property through which to exit in a hurry. There is potential for injuries during an emergency due to the tall ornamental iron fence with few openings. If hundreds of people spill into the streets, there is significant risk of injury from traffic.

Insufficient Room Inside the Building

The largest inside room has occupancy of slightly over 100 people.  Even the entire 2nd floor can’t hold 500 people if severe weather forces people inside.

Minors’ Access to Alcohol

Overcrowding can also lead to underage drinking even if minors are not being served, because people leave drinks unattended, and managers simply cannot monitor a dense crowd.

SUMMATION

The Hill Center’s nearest neighbors applaud the renovation of the Old Naval Hospital to become an educational and cultural non-profit. We want to help them raise needed funds without shouldering an unfair burden from seeing, hearing, feeling and cleaning up after its parties.

To reduce the adverse effects on the near neighbors, we request that the license for the Hill Center specify no amplification outdoors in the garden at all and we request that the license restrict the number of visitors and restrict event hours to end before Metro closes, so that Eastern Market Metro is a viable transportation option.

Sincerely,

Name (Print)                           Address (Print)                                   Signature

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July 5, 2011 · 11:45 pm

ANC Planning and Zoning Committee Clears Way for Chipotle Mexican Grill on Barracks Row – Vote by Full ANC Scheduled for July 12

The Ayes Have It As All Ten ANC6B Commissioners Vote for Chipotle

ANC Planning and Zoning Committee Clears Way for Chipotle Mexican Grill on Barracks Row – Vote by Full ANC Scheduled for July 12

by Larry Janezich

Tuesday night, ANC6B’s Planning and Zoning Committee, chaired by Commissioner Francis Campbell, voted 10 – 0 for a special exception to the ban on fast food restaurants on Barracks Row for Chipotle Mexican Grill.  Chipotle will open an outlet at 413 8th Street, SE, in the space currently occupied by Dollar + Continental.  The building’s owner, StreetSense Development, has given Chipotle a 20 year lease on the building.  The development company’s representative announced that China Wall, which occupies adjoining space, also part of the StreetSense property, is not expected to stay.  As part of the deal, StreetSense pledged – should they seek to place a fast food restaurant in the China Wall space – to apply for a separate special exception for that location rather that utilize the fast food license that transferred with the property.

The Committee vote came on the motion to approve the special exception, but with a request that the Bureau of Zoning Adjustment limit the exception specifically to Chipotle.  This restriction is apparently unprecedented, but not prohibited by the regulations.  The ANC made clear that their support was not contingent on the proposed BZA limitation.  .

In ANC6B, all commissioners are members of the standing committees, taskforces, and the executive committee.  Tonight, all ten commissioners were present for a show of hands in support of Chipotle.  The vote forwards the issue to the full ANC meeting for a vote on July 12.  It is likely that the vote by the full commission will be the same as tonight’s vote.

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July 4, 2011 · 10:35 am

EMCAC Part II: Will City Close Eastern Market’s North Hall on Weekdays? – Issue May Be Tossed to the New Market Governing Authority

Eastern Market North Hall, Friday Morning

EMCAC Part II:  Will City Close Eastern Market’s North Hall on Weekdays? – Issue May Be Tossed to the New Market Governing Authority

by Larry Janezich

Some members of the Eastern Market Citizens Advisory Committee (EMCAC) continue to pressure Eastern Market Manager Barry Margeson to close the Eastern Market North Hall during the week.  Margeson has resisted, pointing to city regulations which define the North Hall as community space.  Committee members cite energy costs, liability concerns, and potential damage to the building.  Weekdays, the space has been a go-to place for children and their caretakers seeking like company and a cool/warm/safe environment.  A look at the Eastern Market website event calendar shows regularly scheduled Thursday morning events providing entertainment for children and others.

Committee members are concerned that use of the space by the public during the week will be an established expectation when EMCAC hands over the reins to the new governing authority for Eastern Market provided for in upcoming legislation which will be introduced by Councilmember Tommy Wells.

At last Wednesday’s EMCAC meeting, Chair Donna Sheeder announced that Councilmember Wells is reviewing draft legislation to provide the new governing authority for Eastern Market.  She said that he wants to introduce the bill before the Council begins its summer recess on July 15.  ANC6B could hold a special call meeting on the legislation before the end of July; ANC6B has no meetings scheduled for August.

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