CAPITOL HILL CORNER

About 70 residents gathered in Hill Center last night to provide input on rebuilding the Frager’s site.

Frager’s Rebuild – Expected by 2017 – Will Include Nearly 40 Residential Units

By Larry Janezich

Roadside Development, who will rebuild the Frager’s site, told about 70 residents last night that the project would include 38-39 residential units in addition to the hardware store, and will possibly include other retail and/or office space.  The builder will stay within the 50 foot matter of right height which zoning regulations permit.  The company is committed to preserving the façade of the original store.  If all goes well, the project would see completion in the spring of 2017, though a more modern Frager’s could reopen ahead of other parts of the project.  Update:  Frager’s owner John Weintraub said during the meeting that the temporary garden center in the 1200 block of Pennsylvania Avenue on property owned by Larry Quillian was indeed only temporary.  Space for a garden center is likely to be incorporated in the new project.  

The company is in the preliminary stages of considering market analysis and design options and last night’s meeting was the first of what could be a several seeking community input as the project moves forward.  Elements of the project which are still undecided include the layout, size, and location of the residential units; whether they will be rentals or condos; space for retail beyond Frager’s; and even the number of stories for the project.  One location for residential units being looked at, said Richard Lake of Roadside, is the space between the pizza carryout and the east end of the former Frager’s building – Roadside prefers to separate the residential and retail components of its projects.

Hill East resident Pat Taylor, representing Capitol Hill Village, made a pitch for units that would be 1.5 bedrooms and larger to accommodate Capitol Hill residents who want to age in place.  Lake said the residential units would be built for multiple markets and said of Roadside, “We’re not micro unit developers.”  In response to a question, he said that there would be no public financing involved in the project and that the company will adhere to city Inclusionary Zoning requirements for any residential project over ten units.  Inclusionary Zoning regulations require a developer of a project this size to set aside 10% of the residential units for affordable housing.  That would mean pricing those units for households making 50% or 80% of the Area Median Income (AMI).  In DC, that’s about $50,000 and $78,000, respectively for a family of three.

Attendees at the meeting raised several concerns related to increase density, notably the effect on parking and traffic.  Some nearby neighbors raised concerns about increased massing, including privacy, views, and light.  Some raised concerns about trash, rodents, and deliveries.

Lake told the crowd that Roadside is not looking for any variances and will provide parking as required by code.  He envisions a highly energy efficient, bicycle friendly project and said that charging stations for electric cars are under consideration.

Moving forward will progress involve two transactions.  Roadside has not acquired the site yet and Lake said it is unusual for them to hold a public meeting before buying the property.  The property is still owned by John Weintraub and Roadside hopes to close on the purchase next spring.  Weintraub will get a long term lease to re-open the hardware store.

Eastern Market Farmer’s Line, Sunday Morning

The Week Ahead…..ANC’s Consider Regs To Make It Harder to Build Pop Ups

Also:  Community meeting on Frager’s, SE Boulevard Meeting, Pepco-Exelon Merger

by Larry Janezich

Monday, December 8

ANC6D meets at 7:00pm, 1100 4^th Street, SE, DCRA, 2^nd floor meeting room.

In this, the least transparent of the Capitol Hill ANC’s – and as is usual for this ANC – the agenda has not been posted (apparently on the theory that government works best at the lowest level of visibility).

Monday, December 8

ANC6C meets at 7:00pm, Heritage Foundation, 214 Massachusetts Avenue, NE.  (Note change from regularly scheduled Thursday meeting, owing to venue unavailability.)

Among items on the agenda:

Pepco-Exelon merger debate: energy delivery in the future.  Exelon and Pepco Holdings Inc., the parent company of Pepco, have filed a joint $6.8 billion application for merger before the DC Public Service Commission (PSC).  The PSC will hold a hearing on the proposed merger, December 17.  (One issue here is whether this would make installation of solar panels more problematic for residents).

Revised PUD applications for 1270 4th Street N.E. and 1309 -1329 5^th Street, N.E.   (This is the 11 story, 110 foot mixed-use development adjacent to Union Market planned by EDENS.)

Variances for parking and loading requirements and special exception from overlay requirements for 646-654 H Street N.E.  (This is the 26 unit condo project planned by Rock Creek Property Group and Cornerstone Development Group.)

Proposed zoning regulation amendment limiting heights and minimum lot dimensions in residential zones.  (This is the proposal to limit pop ups.)

Request for entertainment permit to be added to restaurant alcohol beverage license for Po Boys, 709 H Street N.E.

Status of 6th and H Street Bar and Grill, 523 H Street N.E.

Tuesday, December 9

ANC6B meets at 7:00pm in Hill Center. at the Old Naval Hospital

Among items on the agenda:

Ed. Note.  The following two items are not on the agenda for the December meeting.  

Public space permit for Ugly Mug Dining Saloon for additional furniture, sidewalk café.

Public space permit for Ugly Mug Dining Saloon to expand operations to second floor and install sliding glass roof.

Letter to Department of General Services Regarding Initiation of Environmental Assessment of Eastern Market Metro Plaza Redesign Plan

Proposed zoning regulation amendment limiting heights and minimum lot dimensions in residential zones.  (This is the proposal to limit pop ups.)

Resolution on Exelon-Pepco Merger.  Exelon and Pepco Holdings Inc., the parent company of Pepco, have filed a joint $6.8 billion application for merger before the DC Public Service Commission (PSC).  The PSC will hold a hearing on the proposed merger, December 17.  (One issue here is whether this would make installation of solar panels more problematic for residents).

Wednesday, December 10

Community meeting regarding redevelopment of the Frager’s Hardware Store site at 1101 – 1117 Pennsylvania Avenue, SE.  7:00pm at Hill Center.

The purpose of the meeting is for the community to provide input, offer ideas, and ask questions about the future development for the site.  The meeting will also include a brief update from Richard Lake, founding partner, Roadside Development, and John Weintraub, owner of Frager’s.  If you would like to share ideas or comments in advance of the meeting, you can provide them via e-mail at fragers@roadsidellc.com or phone at 202-375-7942.

Thursday, December 11

ANC6A meets at 7:00pm, Miner Elementary, 601 15th Street, N.E.

Among items on the agenda:

Community Presentation on Pepco-Exelon Merger – Mr. Robert Robinson, Grid 2.0 Working Group.  Exelon and Pepco Holdings Inc., the parent company of Pepco, have filed a joint $6.8 billion application for merger before the DC Public Service Commission (PSC).  The PSC will hold a hearing on the proposed merger, December 17.  (One issue here is whether this would make installation of solar panels more problematic for residents).

Request for variances from lot occupancy, FAR and on site parking for 1401 H Street, N.E.

Request for rezoning from commercial to residential of property bounded by East Capitol Street, Fifteenth (15th) Street, A Street, and Sixteenth (16th) Street N.E.

Proposed zoning regulation amendment limiting heights and minimum lot dimensions in residential zones.  (This is the proposal to limit pop ups.)

Thursday, December 11

Southeast Boulevard Neighborhood Study meeting: 7:00pm – 9:00pm, at the Friendship Chamberlain Elementary School, 1345 Potomac Avenue SE.

Councilmember Tommy Wells will host the meeting.  Following a presentation by the Office of Planning (OP), Councilmember Wells will lead the community in a discussion of the current concepts for Southeast Boulevard and Barney Circle that have emerged from the study initiated by OP in the spring of 2014.

Peter May, National Park Service (upper left) addresses Marion Park residents last night at Southeast Library

National Park Service Hosts 2^nd Contentious Meeting on “Swamp Fox” Memorial Site

By Larry Janezich

Last night, at a second “scoping meeting” at Southeast Library, the National Park Service (NPS) tried to assure neighbors of Marion “Turtle” Park that siting a memorial to Francis Marion (the “Swamp Fox”) in their neighborhood park was not a done deal; that the park is not (yet) “the preferred site for a memorial.”  But many of the 40 or so residents greeted this assurance with skepticism, noting a National Capital Planning Commission’s staff report that promotes Marion Park as a proposed site for the memorial and which disregards neighborhood opposition to a statue situated in the center of the park.

Given the track record of both local and federal government agencies in dealing with District residents, that skepticism appears justified.  As was pointedly noted by residents last night, without voting representation in Congress, DC residents lack the mechanisms to exert any influence over the National Park Service, a federal entity.  At the same time, neighbors of the park noted that the green space was a much-loved “backyard” to them, a place to walk dogs, let children play, and build the ties that strengthen and define our community.

The acrimony of the meeting culminated in a series of questions posed by resident Randy Steers, who accused Park officials of being “disingenuous” in claiming that Marion Park is not the “preferred site.”   NPS official Peter May objected, saying he would not stand for being called a liar, and that there was no preferred site until the end of the process.  Nonetheless, the recommendations from commissions responsible for weighing in on the matter are piling up, and there appears to be no support from formally designated stakeholders for siting the memorial elsewhere.

Some residents perceived disingenuousness from the meeting’s beginning, when project sponsor John McCabe’s gave a selective historical account of Francis Marion, who he called South Carolina’s “favorite son,” and listed a command of what he called the “first integrated fighting force” in US history as among Marion’s achievements.  Resident Kathleen Frydl later challenged that assertion, saying Francis had commanded his slaves into battle, and noted integration on the battlefield was achieved only during the Korean War, and in the face of opposition from states like South Carolina.

In the main, residents near the park spoke passionately of their feelings for the park as a community gathering place for neighbors and their children, one saying that “It’s alive – an integral part of the community – and any memorial needs to value the park’s uses.”  Several residents urged consideration of a historical memorial other than a statue – which one resident said would obstruct normal uses of the park and portray Marion’s complicated historical legacy as a story that underestimates the public’s ability to assimilate and accept the flaws of founding fathers as part of their commemoration.  On this point, Frydl raised the question of why the NPS has not designated the church designed by local figure Calvin T.S. Brent, located across the park and built by freed slaves, as one of the several historical markers with which a memorial to Marion must coexist.  No answer was provided, but May did acknowledge that this question has come up before.

The inability of local residents to influence meaningfully the siting of the memorial and the inability of DC residents to prod the NPS to construct a memorial that interacts respectfully with DC history is well summarized in the teaser to The WaPo Express article from yesterday: “Don’t Want a Federal Monument in your Park?  Tough Luck,” see :  http://wapo.st/1rZIWWx

Submit comments on-line here:  http://parkplanning.nps.gov/marionmemorial

For previous posting on CHC see here:  http://bit.ly/1wMtAve

A Couple of Hundred Capitol Hill Residents Turned Out for the Lighting of the Holiday Tree on Eastern Market Metro Plaza Saturday Night. A Menorah Will Be Lit on the Plaza December 16.

Representative Eleanor Holmes Norton Officiated

Councilmember Tommy Wells Was Also in Attendance

The Main Attraction, Celebrated by a Community Choir

The Week Ahead…Update on 7-11 at Remington’s & ANC Committee Considers Popup Policy

Also….Photos From Eastern Market Metro Holiday Tree Lighting

by Larry Janezich

Update on 7-11 at Remington’s

The manager of the Barracks Row 7-11 told CHC that the Barracks Row 7-11 will remain open after the 7-11 scheduled to move into the former Remington’s becomes operational.  Formerly, he said, 7-11’s company policy was that no 7-11 could open within a five block radius of a 7-11 in operation.  The manager said that a recent change in company policy allows a 7-11 to open up “next door” to an operating 7-11.  The announced intention to open a nearby second 7-11 on Pennsylvania Avenue has met with considerable community opposition.  Commissioner Ivan Frishberg has announced that he will ask ANC6B – at its monthly meeting on December 9 – to consider a letter to the Historic Preservation Review Board (HPRB) asking them to allow community/ANC review of the new Sprint and 7-11 stores going in on the 600 block of Pennsylvania Avenue, SE.

7-11 plans to open the new store in the former Remington’s as a “matter of right” meaning that it intends to conform to existing zoning regulations and that the community will have no say regarding the opening.  The one caveat is that any change to the structure or façade of the building may be reviewed by HPRB providing an opportunity for the community and the ANC to weigh in on the store’s public face.  Frishberg’s proposed letter seems aimed at alerting HPRB to the Commission’s interest in any proposed change.

EMCAC SNAFU Leads to New Election for Officers/Community Representative

After failure to give timely public notice of the election of officers and Community Representative of the Eastern Market Community Advisory Committee, last month’s election was declared invalid and public notice was given in late November for a new election which will take place on January 28, 2015.  Election is by simple majority of the standing EMCAC members.

In October, the election of officers and Community Representative took place but questions were raised by vendor Joe Snyder and others regarding whether appropriate public notice had been given as is required by city regulations.  The internal affairs of the Committee have been in disarray for some time as evidenced by the Committee’s inability to produce a current version of the body’s bylaws.  Despite public assurances given that one need only ask for a copy of the bylaws, an up to date version of those bylaws appears to be unavailable, and it is uncertain whether an accurate copy of the current bylaws exists.

Only current EMCAC member representatives are eligible to serve as officers and according to a notice distributed by Vice Chair Chuck Burger, “it is requested that all nominations be received by January 7, 2015.”

EMCAC is the District’s legislatively established body entrusted with advisory and oversight responsibilities for the operations, management and renovation of Eastern Market.  Current members include representatives from ANC6B, Capitol Hill Restoration Society, Capitol Hill Association of Merchants, Eastern Market Preservation and Development Corporation, Stanton Park Neighborhood Association, a community representative, Ward 6 Council Office, the Mayor and representatives from the South Hall, Farmer’s Line and non-food merchants at the Market.  Please call for information or questions: Chuck Burger, Vice Chair at 202-258-5316 or email at cburger@cbmove.com.

Steve Cymrot, Prime Mover Behind Hill Center/Capitol Hill Community Foundation Dies

Steve Cymrot succumbed on Saturday to injuries sustained when he was hit by an truck at 4^th and East Capitol at about 9:00am a week before Thanksgiving.  For more on the story see The Hill Rag here:  http://bit.ly/1pDdkKy and The Hill Is Home here:  http://bit.ly/1vYSNTE

Update, December 1, from MPD:

The Week Ahead….

Monday, December 1

CHRS Historic Preservation Committee, Kirby House, 420 10^th Street, SE.

Tuesday, December 2

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

Among items on the agenda:

Public Space permit for The Ugly Mug at 723 8th Street SE

Letter to Department of General Services Regarding Initiation of Environmental Assessment of Eastern Market Metro Plaza Redesign Plan

Office of Planning Text Amendment regarding Popups, ahead of a Zoning Commission Hearing scheduled for Thursday, January 15, 2015.  For more, see WaPo article here: http://wapo.st/1y1lRF4

Wednesday, December 3

The National Park Service will hold a second scoping meeting on the proposal to locate a memorial to Francis Marion – aka “The Swamp Fox” from 6:30pm until 8:30pm in Southeast Library.

For the NPS press release and to comment on the proposal on line, see here:  http://1.usa.gov/1v8gZ3Q

Wednesday, December 3

ANC 6C Planning, Zoning, and Environment Committee meets at 7:00pm at Capitol Hill Medical Center/Kaiser Permanente, 700 Second St. NE (2nd & G NE).

Among items on the agenda:

Revised PUD application for massive development at Union Market, 1270 4th St. NE.  The related Map Amendment proposes to rezone the site (approx. 51,000sf) from C-M-1 to C-3-C.  In total, approximately 420 to 520 residential units (containing approximately 368,400 gross square feet of residential space) with approximately 39,600 gross square feet of retail will be created as a result of this project. The project will contain approximately 8.0 FAR, for a total of approximately 408,000 gross square feet, and have a height of 110 feet

Application for variances and special exception for 646-654 H St. NE as follows:

2101. a variance from the parking requirements under § 2101.1,
2102. a variance from the parking space size requirements under § 2115.2,
2103. a variance from the loading requirements under § 2201.1, and
2104. a special exception from the HS Overlay requirements under to allow an addition that increases the gross floor area of an existing building by more than 50% on a lot that has 6,000 square feet or more of land area in the District

Application of  Planned Unit Development for 1309-1329 5th St. NE for a first-stage and a consolidated Planned Unit Development and related map amendment for the property.  The Applicant proposes a development comprising two buildings on the property, to be constructed in two phases if approved by the Zoning Commission. In total, up to approximately 541,400 gross square feet, or up to approximately 6.30 FAR, is proposed for the entire project.

For the first phase, the consolidated PUD, the Applicant proposes to construct a new structure above The Market building at Union Market, an existing two-story building on the south portion of the property. The new structure will include an approximately 38,000-42,000 gross square foot theater above the existing Market building, and an approximately 104,000-112,000 gross square foot, four-story office component atop the theater. Once complete, this building will have a total floor area of approximately 204,400-216,400 gross square feet and a building height of approximately 120 feet.

For the second phase, the first-stage PUD, the Applicant proposes to construct a new building containing between approximately 25,000-35,000 gross square feet of retail use and approximately 260,000-290,000 gross square feet of office or residential use on the north portion of the property. This building will have a total floor area of approximately 285,000-325,000 gross square feet and a building height of approximately 120 feet. This building will contain approximately 300-475 parking spaces below grade.

Proposed zoning regulation amendment to Zoning Regulations regarding Pop Ups. 

Wednesday, December 3

ANC6B Transportation Committee meets at 7:00pm, Hill Center

On the agenda:

Letter to DDOT requesting that 800 blocks of Virginia Avenue &  L Street SE & 1000 & 1100 blocks of 9th Street SE be converted from one way to two way streets

Thursday, December 4

Advisory Neighborhood Commission (ANC) 6B’s Alcohol Beverage Control (ABC) Committee meeting on Thursday, December 4, 2014, at 7:00 PM, is cancelled.

Friday, December 5

Capitol Hill Village holds seminar on Saving on Your Utilities, 10:00am – 12:00noon, at Northeast Library, 330 7^th Street, NE.

Saturday, December 6

The Fridge Presents:  David Molesky – RIOT – Through January 14.

Opening Reception: Saturday, December 6, 7-11 pm, 516 8th Street SE, Rear alley

“Big George” – Eastern Market Metro Plaza’s Holiday Tree Will Light Up Next Saturday

The Week Ahead…..Lighting of Eastern Market Metro Plaza’s Holiday Tree

by Larry Janezich

Local ANC’s, and civic and community organizations are out of business this week as the community readies for the upcoming month long holiday season.  One community event at week’s end will be the 8^th Annual Lighting of Eastern Market Metro Plaza’s Holiday Tree set for 5:30pm on Saturday, November 29.  The event – in which the community is invited to participate – will mark the community’s kickoff of the holiday season.

In 2007, the Capitol Hill BID planted a 20-foot evergreen tree in the large circle garden at Eastern Market Metro Plaza’s Northeast quadrant to honor BID’s founding President, George Didden III.  The tree, affectionately known as “Big George,” is decorated by the BID’s “men in blue” every December, and illuminated in front of the Capitol Hill community. Community participation has grown every year to celebrate the season while honoring the memory of George Didden III.

Part of the former Remington’s is slated to become a 7-11

Former Remington’s Slated to House 7-11 Convenience Store

by Larry Janezich

Michael Niebauer of the Washington Business Journal reported on Friday that a 7-11 franchise will move into and occupy 1,800 square feet of the former Remington’s, the legendary bar located at 637-639 Pennsylvania Avenue, SE.  The convenience store is expected to open in April, 2015.   CHC reported on the closing of Remington’s last April here: http://bit.ly/1qWfC2g

This is the second loss of a long-time local institution to chain retail on this block during 2014.  .  The Lil Pub at 655 Pennsylvania Avenue closed in January and became part of CVS.

Some in the neighborhood will be dismayed at what will likely be seen as the continuing erosion of the historical character of the Eastern Market community.

At the time of closing, the word was that the 7,000 square foot space formerly occupied by Remington’s would be divided in two, with retail (possibly Sprint) in one half and a restaurant in the other.  The 7-11 move will still leave some 5,000+ feet for future development.

See the WBJ notice here: http://bit.ly/1yC330W

Rainy Day Nursery, North Hall, Eastern Market

The Week Ahead….Expanding the Historic District, Pop-Ups in ANC6A, Swamp Fox Statue

by Larry Janezich

Monday, November 17

Expansion of the Capitol Hill Historic District:  The Capitol Hill Restoration Society (CHRS) is sponsoring a series of public meetings to present a case for expanding the Capitol Hill Historic District.  The second of these – concerning ANC6B’s area – will be held from 6:45 – 8:30 pm, in Hill Center.  For more information, see CHC post here: http://bit.ly/1uBRN77 and CHRS Website here:  http://chrs.org/beyond-the-boundaries-anc-6a/

Monday, November 17

ANC 6A Transportation & Public Space Committee meets at 7:00pm AT CAPITOL HILL TOWERS, 900 G Street NE.

Among items on the agenda:

Presentation by officials from District Department of Transportation concerning initial results of the Florida Avenue Traffic Study and initial recommendations for road and sidewalk improvements in ANC 6A.

Monday, November 17

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

On the agenda:

Grant guidelines.

Tuesday, November 18

Expansion of the Capitol Hill Historic District:  The Capitol Hill Restoration Society (CHRS)  is sponsoring a series of public meetings to present a case for expanding the Capitol Hill Historic District.  The third of these – concerning ANC6C’s area – will be held from 7:00pm – 9:00 pm, in Northeast Library, 330 7th Street, NE.  For more information, see here: CHC post here:    http://bit.ly/1uBRN77 and CHRS Website here:  http://chrs.org/beyond-the-boundaries-anc-6a/

Tuesday, November 18

ANC6B Commissioner Brian Flahaven hosts a community meeting on delay of the 17^th and 19^th Streets Safety Improvement Project from 6:30pm – 8:00pm at St. Coletta’s of Greater Washington.  DC Water and DDOT scheduled to appear to explain why the improvements are being delayed and to provide an updated timeline. Attendees will also get an update on the status of the reopening of the Southeast Freeway between Barney Circle, SE, and 11th Street, SE.

Tuesday, November 18

(ANC6A’s Alcohol Beverage Licensing Committee which usually meets the third Tuesday will not meet this month.)

Wednesday, November 19

ANC6B Special Call Meeting on PUD for 1333 M Street, SE, at 7:00pm in Parish Hall of Christ Church Washington, 620 G Street, SE.

Wednesday, November 19

Eastern Market Community Advisory Committee (EMCAC) meets at 7:00pm in the North Hall of Eastern Market.

Wednesday, November 19

ANC 6A Economic Development and Zoning Committee meets at 7:00pm at Sherwood Recreation Center, 640 10^th Street, NE.

Among items on the agenda:

Request for zoning variances and special exceptions to allow construction of a multifamily residential building with ground floor retail on a lot at 1401 Florida Avenue.

Rezoning of lots bounded by East Capitol Street, 15th Street, A Street, and 16th Street, NE, to change its designation from C-2-A (commercial) to R-4 (residential).

Zoning Amendments re “Pop-Ups” – The Committee will consider recommending that the ANC send a letter to the Zoning Commission in support of proposed text amendments to the zoning regulations that would, among other things, restrict building height to 35 feet in the R-4 district, with building heights of 40 feet permitted by special exception.

Thursday, November 20

PSA 108 Meets, 7:00pm – 8:00pm with MPD Lt. JB Dykes at Liberty Baptist church, 527 Kentucky Avenue, SE.

Thursday, November 20

Commission of Fine Arts meets at 9:00am in the National Building Museum Auditorium, Room 121, 401 F Street, NW, on the proposed siting of a statue commemorating General Francis Marion (The Swamp Fox) in Marion Park on Capitol Hill. The public may comment in written form. If they notify the CFA ahead of time, members of the public may also speak at the meeting at the discretion of the Chair. Written testimony should be emailed to Frederick Lindstrom at flindstrom@cfa.gov by Tuesday, Nov. 18, 2014.   See CHC posting here:  http://bit.ly/1wMtAve

The Hill Center’s Carriage House – slated to become Bayou Bakery

ANC 6B Clears ​Liquor License for Bayou Bakery Despite Neighbors’ Concerns

by Larry Janezich

At its regular November Commission meeting this past​ Wednesday, ​ANC6B voted to support a restaurant liquor license and a controversial settlement agreement for Bayou Bakery – over the objections of nearby residents and a minority of commissioners.  The agreement was made public at the meeting for the first time at Wednesday night’s meeting, and some neighbors and ANC commissioners wanted to delay consideration for one month in order​ to explore how to ​best ​mitigate the impact of noise, trash, and rodents associated with the restaurant.

These issues had been initially addressed in a draft of a proposed settlement agreement by Commissioner Kirsten Oldenburg, in whose single member district the Hill Center lays.  That settlement agreement was made public at the ANC’s Alcohol Beverage Control Committee (ABC) meeting last Thursday​, ​November 6.  The draft asked for inside trash storage and strict compliance with odor regulations, even if that meant architectural improvements to the property.   The proposed agreement also set an 11:00pm cutoff for consumption of alcohol, instead of the 10:00pm time ​listed​ by Hill Center on its website when it announced the leasing of the Carriage House to Bayou Bakery.​  ​Discussion at the ABC Committee meeting was reported to be intense.  The committee did not come to any resolution regarding the language and voted 4 – 0 to forward the liquor license application to the full ANC without a recommendation for action.

Between that ABC meeting and the ANC meeting the following Wednesday night, negotiations between Oldenburg and Hill Center representatives produced a new, weaker agreement effectively endorsing ​a less encumbered license and​ obligating Bayou Bakery only try their best to ​mitigate the noise, odor, and trash problems.  ​For example, language in the original draft asking the applicant to agree to a vent-less Pollution Control Unit (PCU) – as are standard in Yards Park – was eliminated because the applicant wants to increase the kitchen’s frying capacity to 10% of operation​ and asserts that this precludes use of a​ vent-less devices.  The request for inside trash storage also fell away.

The revised settlement agreement was unveiled to the public and to the stakeholders as the ANC took up the license at Wednesday night’s meeting.  Commissioner Oldenburg explained the late unveiling by noting that  “conversations were taking place up until 1:00pm today.” ​ As neighbors scrambled to get a copy and read through it in real time, Guy Martin, Chair of the Hill Center Foundation, offered remarks in ​support​ of​ the revised agreement, saying, in effect, he and others had “worked so hard for so long” to make Hill Center a success that the liquor license deserved to be moved forward without delay –​ and​ that the best guarantee of Bayou’s operational standards was the quality of the Hill Center as a historical institution.

Neighbors reacted strongly to the “inadequate” language in the revised settlement agreement.  Long time Hill activist and Hill Center supporter Barbara Eck, who was among those asking for a delay, said she was insulted by the first part of Martin’s argument, saying that many in the community had worked very hard for the Hill Center.  She said the original plan called for a “coffee and quiche” café, not a full restaurant.  Wally Mlyniec, also a long time Hill Center supporter, said the proposed revised agreement put both the Hill Center and the community at risk.  Other neighbors expressed alarm over the threat to their quality of life, noting the increase in grease cooking with no more pollution control than an interior “captive hood” – a larger version of what many residents have over their kitchen stoves.  Several expressed worry that the outdoor and not very well encased trash disposal site would prove a major attraction for rats.​

Commissioner Ivan Frishberg pressed hard for a delay citing in particular the failure of the trash control premised on outdoor storage no matter how well-intentioned the establishment​.  He said that without a delay, Oldenburg was presenting the ANC with a “take it or leave it choice.” given that the Bayou’s application will go before ABRA next month. ​ Frishberg was joined by Commissioners Campbell and Jayraman, who were outvoted by Chair Flahaven and Commissioners Pate, Oldenburg, Opkins, and Peisch who supported the newly minted voluntary agreement.  The final version was amended to include language to encourage Hill center to continue to work on trash and odor concerns.  ​

The approval amounted to a setback for the ANC and neighbors’ unofficial policy of requiring best operating procedures for any new restaurant on Barracks Row.  Neighbors of Barracks Row had pressed for and ultimately got Chipotle, Medium Rare, and the incoming & Pizza to install PCU – “scrubbers” – to remove odors from kitchen exhaust and to agree to use best practices standards for roof top mechanical noise control and trash storage.  They had also successfully gotten Stanton Development’s Ken Golding to go back to the drawing board to accommodate inside trash storage in a new restaurant proposed for 7th Street near Eastern Market.

Bayou/Hill Center would agree to none of these.

In the end, a majority of the commission agreed with Chair Brian Flahaven’s assertion that the license would be up for renewal in two years and that any problems that might emerge could be addressed at that point.  Afterward, neighbors expressed disappointment that a delay could not be achieved, noting that these issues will be more easily addressed pre-build out than after the fact.

CHC asked Commissioner Oldenburg to comment on the approval of the motion and asked what she would say to nearby neighbors to reassure them regarding their concerns on odors, rodents, trash? Oldenberg replied:  “Thanks but no thanks. Am sending out my own writeup via Beat26 today.”

Gibbs School Speeds Toward Transition to Charter

“Trojan Charters” Carry Land Uses Beyond What Current Process Contemplates

By Larry Janezich

Gibbs school has been vacant since 2008 and the DC Public School system (DCPS) has determined that it will not reopen the school.  According to DC law, public schools deemed “surplus” by the DCPS must be offered to eligible charter schools before any other private disposition is considered.

This is the “right of first offer,” and the entire process, including the Request for Offers (RFO), takes place within the offices of the DC Deputy for Mayor Education (DME) and does not require the same public notice, meetings, and disposition process involved when a private developer looks to bid on public land for residential and/or retail use.

Right now, the Gibbs school at 500 19th Street, NE, is in the midst of this very process, and disposition of the school is proceeding at breakneck speed.  After an initial September 9 “surplus meeting” seeking public input (held after the decision to declare the property surplus had been made), the DME released a Request for Offers (RFO) on September 19.  A second meeting on October 20 was held to seek public input on responses to the city’s RFO.  There were apparently only two responses to the RFO – the DME did not respond to CHC’s request for a complete list of responses.  The DME has told CHC that they expect to make an award to a charter school organization by the end of November.

The first organization which outlined its proposal to a the community at the October meeting was

“Building Hope.”  They presented a plan to put three charter schools into the building:  an adult charter school to help people earn GEDs, a weekday boarding school for 160 foster kids in grades 5 – 8, and an international middle year’s program for 240 students in grades 6 – 8.  Three separate entrances would accommodate the three programs.  Building Hope anticipates a July 2015 opening and says their plan would cost $23 million.

Friendship Public Charter School also presented its proposal at the October 20 meeting.  It would use Gibbs to expand their existing preK program for kids 2 – 3 at Blow Pierce as well as for a new Diploma Now/GED program for students 16 and older. Two separate entrances would accommodate the programs.  Their plan, they say, would cost $19 million.

Both presentations seemed short on details.

The current procedure for reuse of public schools raises several issues that would seem to point to a flawed process.  Foremost among these is that DC law does not stipulate how much of the proposed use of a public building must be devoted to the charter school in order to qualify for consideration under this particular process.  It says only that the bidder must be a certified charter in good standing to claim access to the “right of first offer” expedited process.

The actual details of occupancy are worked out in the lease for the property which the developer signs with the Department of General Services, which has the final say over how the building is used.  This raises the question of whether charters or their boards might be used as “Trojan charters,” covering for a much more complicated development deal that would otherwise entail a more rigorous set of procedures.

The logic of “first offer” seems clear:  if a school currently built and previously used as such, can be used by another similar organization and in a similar way, then an expedited process makes sense.  Part of the validity of this proposition is that the community is already accustomed to a school use at this site, and so the surrounding the neighborhood would not be disrupted by a new group performing essentially the same function.  In other words, what might be a “functional footprint” remains largely the same under either operation.

Without any standard for how much variance is permitted between previous use as a public school and proposed use for a different set of purposes, there is the potential for creating disruptions in the community as well as the education system.  If the functional footprint varies in some significant way, then it seems clear that the current process is inadequate and does not allow for enough consideration, notice, or input from neighbors and residents.

Some of the ways that neighbors are concerned, and which some feel have not been adequately addressed, include parking, traffic, competition with existing schools which are under-utilized, and coordination with future planned Career and Technical Education programs.  In the case of Building Hope, there seems to have been little consideration given to creating a boarding school for 160 teens and pre-teens in the middle of a residential neighborhood.

Deferring these kind of decisions until after the award also means that there is no role for the Advisory Neighborhood Commissions to play until well along in the process.  This is a significant departure from the procedure that a private developer undertaking a long term lease of a public property would undergo.

The recent and widely reported problems with Options Charter, and the lax oversight from the Public Charter School Board it revealed, does not help to put community concerns to rest. But the DME notes that the process is much improved – that in the past there was only one community meeting and this meeting occurred after the award had been made.

Once the Gibbs award is made the proposed transaction will be sent to City Council for approval – and the Council has final say on whether the school is deemed surplus and whether or not it is leased.  Given the expedited timeline, it is possible that the disposition of Gibbs will be voted on during the final session of the lame duck City Council – and before Charles Allen takes office as Ward 6 Councilmember.