Minutes March 2016

Advisory Neighborhood Commission 6E

Public Meeting

Tuesday, March 1, 2016

Advisory Neighborhood Commission 6E convened at the Northwest One Library, 155 L Street, N.W., Washington, DC, on Tuesday, March 1, 2016 at 6:00 p.m.

Present:

Marge Maceda, Chair, ANC 6E05

Alexander M. Padro, Vice Chair, ANC 6E01

Antonio D. Barnes, Secretary, ANC 6E06

Kevin L. Chapple, Treasurer, ANC 6E02

Rachelle P. Nigro, ANC 6E04

Frank S. Wiggins, ANC 6E03

Absent:

Alfreda S. Judd, ANC 6E07

1. CALL TO ORDER AND ROLL CALL 

   The meeting was called to order 6:08 p.m. The roll was called and the presence of a quorum was noted.

1. APPROVAL OF AGENDAMOTION:

   Commissioner Padro moved and Commissioner Maceda seconded that the Agenda be approved as amended. The Motion passed unanimously, 6 yeas (Commissioners Nigro, Padro, Maceda, Chapple, Wiggins, and Barnes) – 0 nays – 0 abstentions.

• APPROVAL OF MINUTESMOTION:

  Commissioner Padro moved and Commissioner Barnes seconded that the Minutes of the ANC 6E Public Meeting of February 2, 2016 be approved with corrections to be submitted to the Secretary. The Motion passed unanimously, 6 yeas (Commissioners Nigro, Padro, Maceda, Chapple, Wiggins, and Barnes) – 0 nays – 0 abstentions.

1. PSA REPORTS: METROPOLITAN POLICE DEPARTMENT 1D AND 3D 

Crime statistics for the indicated periods are as follows:

Officer F. J. Martello of 1D (PSA 103) – reported on crime for the past 30 days compared to the same period last year:  Homicides:  2015:  0; 2016:  1; ADW:  2015:  7; 2016:  0; Robberies:  2015:  3:  2016:  3; Overall Violent Crime is up and Property Crime is up.

Officer Douglas Berlin of 3D (PSA 308) – reported a decline in violent crime and a dramatic rise in property crime (thefts from auto and thefts).  Violent crime is down from last year.  He asked residents to tell their guests not to leave items in their vehicles where they can be seen.

Commissioner Wiggins reported that there is a white male, 45-50 years old, bald, who is going around telling people he has been robbed and then soliciting money from them.  Officer Berlin responded there is no longer any undercover vice in the District anymore.

Commissioner Wiggins stated that the anniversary of the Tamara Gliss murder is coming up in three months and asked if a police tent can be set up on O Street between 6^th and 7^th Streets.

MOTION: Commissioner Wiggins moved and Commissioner Barnes seconded that ANC 6E draft a letter to senior officials at MPD requesting that a tent be placed on O Street between 6^th and 7^th Streets.  The Motion passed unanimously, 5 yeas (Commissioners Padro, Maceda, Chapple, Wiggins, and Barnes) – 0 nays – 0 abstentions.  [Commissioner Nigro had temporarily left the meeting].

Martin Moulton stated (1) more enforcement is needed at Bundy Park, and (2) the Public Safety Committee of the DC City Council is meeting tomorrow, March 2, 2016 and that residents should contact their councilmember between today and tomorrow.

[Commissioner Nigro returns to the meeting at 6:40 p.m.]

2017. PRESENTATION – EMMANUEL BIGGS – WATER PROJECTS AFFECTING OUR NEIGHBORHOOD
      
      Emmanuel Biggs introduced DC Water Resident Engineer Rob Richards who provided an overview of a local sewer rehabilitation project in the Shaw/Mt. Vernon Square DC Water has determined that there is a need to perform preventative maintenance procedures to sewer mains located within the area of the District.  These procedures will require the inspection and cleaning of the sewer main to determine if further maintenance or repairs are needed.The approach involves a Closed Circuit Television (CCTV) truck lowering its camera into the sewer mains through manholes in the street, some sidewalks, and parking lot entrances.  The camera will travel downstream with the flow inside the pipes and will video record the condition of each main.  If debris is located inside the sewer main, a vacuum truck will be used for its removal.  Finally, pipes will be lined using cured-in-place pipe (CIPP).

      The estimated construction period will run from January 2016 to approximately July 2017.

2018. community impact statement – sentencing hearing – tyrone wade 

      Martin Moulton provided copies of a Community Impact Statement to be presented to the Honorable Judge Lynn Leibovitz in the matter of the sentencing hearing of Tyrone Wade and requested ANC 6E support.MOTION: Commissioner Padro moved and Commissioner Wiggins seconded that ANC 6E approve the letter to be presented to the Honorable Judge Lynn Leibovitz in the matter of the sentencing hearing of Tyrone Wade with some minor edits that he will provide to Martin Moulton. The Motion passed unanimously, 6 yeas (Commissioners Padro, Maceda, Chapple, Wiggins, Nigro, and Barnes) – 0 nays – 0 abstentions.

       

• BIKE LANE UPDATE 

  Commissioner Padro stated that Darren Buck of DDOT was supposed to attend tonight’s meeting, but was unable to be here.General Overview:  The Eastern Downtown Protected Bike Lane project is driven by a need to connect central DC neighborhoods to downtown, as well as existing east-west bicycle facilities.   DDOT is seeking to create a north/south protected bike lane linking the eastern part of DC from the Ledroit Park/Howard/Shaw neighborhoods to Pennsylvania Avenue and downtown.   While there are multiple east-west dedicated bike lanes across the city, currently the only contiguous north-south protected lane is 15^th Street, NW.

  Commissioner Maceda stated there were four (4) different options for bike lanes in the ANC 6E area.  She called upon Commissioner Padro to elaborate on the options DDOT has put together for 5^th, 6^th and 9^th

  1.  Option 0:  No build.
  2.  Option 1:  5^th & 6^th Street Protected Bike Couplets:  This consists of a one-way northbound bike lane on the east side of 5^th coupled with one way southbound protected bike lane on the west side of 6^th Street.
  3.  Option 2: Protected Curbside Bike Lanes on each side of 6^th Street:  This is for a northbound protected bike lane on the east side of the street and a southbound protected bike lane on the west side of the street.
  4.  Option 3:  Two-Way Protected Bike Lanes on the East Side of 6^th Street:  This consists of a two-way protected cycle track on the east side of 6^th Street.
  5.  Option 4:  Two-Way Protected Bike Lanes on the East Side of 9^th Street:  This consists of a two-way protected cycle track on the east side of 9^th Street.

  Commissioner Padro stated that ANC 6E is concerned about the impact of bike lanes in the ANC 6E area and cited the following:  (1) parking disruptions; (2) pedestrian impacts; (3) vehicular traffic – impact in the time it takes vehicles to traverse the area during rush hour periods.  He raised the impact of making 6^th Street a one-way street and would like to make a recommendation to convert 6^th Street to a one-way street south to Rhode Island Avenue.   Commissioner Wiggins questioned the origin of the one-way south bound option for 6^th St and Commissioner Padro claimed it was his idea.  Making 6^th street a one-way thoroughfare is not a current option according to DDOT’s own web site.  Commissioner Wiggins is totally against making 6th Street a one-way south or northbound street.

  Philip Koopman, Co-Owner of Bicycle Space, stated there will be a resident comment period until March 15, 2016.

  Commissioner Maceda called upon the audience for comments.  The following is a synopsis:

Commissioner Padro stated that he just received an email from Darren Buck of DDOT which stated they will keep the record open for ANC 6E’s recommendation to be presented at their Public Meeting on April 5, 2016.

• public space application – OUTDOOR café – shouk restaurant, aamc building, 613 k street, nw 

  Ran Nussbacher spoke in regard to the Public Space application for an outdoor café by Shouk Restaurant located in the AAMC Building at 613 K Street, NW. The restaurant will be opening in mid-April.  Shouk Restaurant is seeking support for a small outdoor café with 12 seats that will be ADA  The applicant met with the ANC 6E Zoning Committee which supported the application.MOTION:

  Commissioner Maceda moved and Commissioner Padro seconded that ANC 6E support the Public Space Application of Shouk Restaurant, 613 K Street, NW, for an unenclosed café and that said support be communicated in writing to the Public Space Committee of the District Department of Transportation (DDOT).   The Motion passed unanimously, 6 yeas (Commissioners Nigro, Padro, Maceda, Chapple, Wiggins, and Barnes) – 0 nays – 0 abstentions.

2016. ZONING: 1212-1218 4^TH STREET, NW, bza case no. 19187 

      This item had been tabled at the February 2, 2016 ANC 6E Public Meeting in order that ANC 6E have an opportunity to review the applicant’s Letter of Intent before voting.At the February meeting, Y. Ajoke Agboola, Griffin, Murphy, Moldenhauer, & Wiggins, LLP, spoke on behalf of the applicant who is seeking variance relief from the lot area requirements, the lot occupancy requirements, and a special exception from the nonconforming use requirements to allow the expansion of existing residential buildings and conversion of an office use to a neighborhood retail or service establishment.  They have addressed neighbors’ concerns.  They have reduced the number of units from 26 to 22, with approximately 31 parking spaces and neighborhood retail space.  They are proposing a full level of below grade parking and agreed to an RPP Permit restriction.

      Update 3/1/16:  They are scheduled to appear before BZA on March 15, 2016.

      The Commission reviewed the letter to ANC 6E dated February 23, 2016 from Griffin, Murphy, Moldenhauer & Wiggins, LLP.  In that letter, the applicant agreed to increase the number of parking spaces offered at the property from 9 spaces to approximately 29 spaces by constructing one floor of below grade parking – an expensive endeavor that was not initially anticipated.

      Commissioner Nigro stated there is still division within the community.  She read the following statement about RPP that she would like to see added to the Letter of Intent the applicant will submit to BZA as well as to the letter that ANC 6E will send:

      “         The Applicant/Condo Board shall include in its condominium documentation a provision that prohibits residents/owners from obtaining a Residential Parking Permit (“RPP”) for the Property from the D.C. Department of Motor Vehicles (“DMV”), under penalty of fine(s) against the condominium owner.

• The Applicant/Condo Board shall obtain written authorization from each owner, either through a deed provision or another written document that allows the DMV to release to the Applicant any and all records of that tenant requesting or receiving an RPP for the Property.
• The Applicant/Condo Board shall monitor resident/owner compliance with the RPP restriction by requesting from the DMV, every six months, any and all records of residents/owners tenants requesting or receiving RPPs for the Subject Property, and shall provide annually to the Condominium Board the results of its inquiries.
• The Applicant/Condo Board shall record a covenant against the Property among the Land Records of the District of Columbia prohibiting any lessee or owner of the Property from obtaining an RPP for the building approved in this BZA Order.”
  1. MOTION: Commissioner Nigro moved and Commissioner Barnes seconded that ANC 6E support the variance relief requested from the lot area requirements, the lot occupancy requirements, and a special exception from the nonconforming use requirements to allow the expansion of existing residential buildings and conversion of an office use to a neighborhood retail or service establishment and that said support be communicated in writing to the Board of Zoning Adjustment (BZA).   The Motion passed, 5 yeas (Commissioners Maceda, Chapple, Wiggins, Barnes, and Nigro) – 1 nay (Commissioner Padro) – 0 abstentions.
  2. MOTION: Commissioner Nigro moved and Commissioner Barnes seconded that ANC 6E support the Letter of Intent from Griffin, Murphy, Moldenhauer, & Wiggins, LLP to BZA with the addition of the language of the extra RPP restrictions that Commissioner Nigro read this evening. The Motion resulted in a tie vote of 3 yeas (Commissioners Nigro, Barnes, and Chapple) – 3 nays (Commissioners Maceda, Padro, and Wiggins) – 0 abstentions.
  3. MOTION: Commissioner Nigro moved and Commissioner Padro seconded that ANC 6E support the Letter of Intent the applicant will provide to the BZA and that the residents living within 200 feet of the property have the first right of refusal, and that said support be communicated in writing to the Board of Zoning Adjustment (BZA). The Motion passed 4 yeas (Commissioners Nigro, Padro, Barnes, and Chapple) – 2 nays (Commissioners Maceda and Wiggins) – 0 abstentions.

1. ZONING: k street development company, llc, 470-476 K street, nw, request for relief, BZA CASE NO. 19215 

   Jeffrey Utz, Goulston & Storrs, spoke on behalf of the applicant.  They appeared before ANC 6E’s Zoning Committee last week and received a favorable outcome.  They are seeking ANC 6E support to their BZA application for: (1) a special exception from the rooftop structure requirements; and (2) relief from the requirement to be no more than 20% deviating from the vertical plane, to permit the renovation and expansion of an existing commercial building at 470-476 K Street, NW.
   MOTION: Commissioner Maceda moved and Commissioner Barnes seconded that ANC 6E support the application for relief of K Street Development Company, LLC, 470-476 K Street, NW, for (1) a special exception from the rooftop structure requirements; and (2) relief from the requirement to be no more than 20% deviating from the vertical plane, to permit the renovation and expansion of an existing commercial building at 470-476 K Street, NW, and that said support be communicated in writing to the Board of Zoning Adjustment (BZA).  The Motion passed unanimously 6 yeas (Commissioners Nigro, Padro, Maceda, Chapple, Wiggins, and Barnes) – 0 nays – 0

2. zoning: 445 M STREET, NW – support for request from RELIEF, sk asset group, llc 

   The applicant is seeking relief from BZA for variances from (1) parking, (2) height restriction, and (3) lot coverage to construct a new three story plus basement, two-family row house on an existing vacant lot.    (1) Parking:  there is no alley access; (2) Height Restriction:  used to be 40 feet; building is 37.8 feet tall; (3) Lot Coverage:  lot only 13 feet wide; 66.70% – less than the 70% requirement.  The ANC 6E Zoning Committee met and voted to support the variance for parking relief.MOTION:

   Commissioner Nigro moved and Commissioner Barnes seconded that ANC 6E support the request for variance relief of 445 M Street, NW, from the height restriction and the lot coverage, but not the parking relief, and that this be communicated in writing to the Board of Zoning Adjustment (BZA).  The Motion failed by a vote of 2 yeas (Commissioners Nigro and Barnes) – 3 nays (Commissioners Padro, Maceda, and Wiggins) – 1 abstention (Commissioner Chapple).MOTION:

   Commissioner Nigro moved and Commissioner Padro seconded that ANC 6E support the request for variance relief of 445 M Street, NW, from the:   (1) height restriction, (2) lot coverage, and (3) parking, and that said support be communicated in writing to the Board of Zoning Adjustment (BZA).  The Motion passed, 4 yeas (Commissioners Padro, Maceda, Wiggins, Chapple) – 2 nays (Commissioners Nigro and Barnes) – 0 abstentions.

• CAMERA REBATE DISCUSSION FOR SHAW (PSA 308) 

  On 1/5/16, the DC City Council passed Councilmember Charles Allen’s bill, the Private Security Camera System Incentive Program Emergency Act, which nearly doubles the number of maximum rebates possible – up to $200 per property and $750 per business, nonprofit, or religious institution. This effort also ensures that the highest crime area in each Ward receives priority for rebates, extends the length of time funds are available, and extends eligibility for the rebates to non-profit organizations.Commissioner Padro stated that some areas of the city are being included and some areas are being excluded.  Accordingly, ANC 6E needs to request Mayor Bowser to add all PSAs to the program.

  MOTION: Commissioner Padro moved and Commissioner Barnes seconded that ANC 6E request that all Police Service Areas (PSAs) be added to the Private Security Camera System Incentive Program Emergency Act and that this request be communicated in writing to Mayor Bowser of the District of Columbia.  The Motion passed unanimously, 6 yeas (Commissioners Nigro, Padro, Maceda, Chapple, Wiggins, and Barnes) – 0 nays – 0 abstentions.

   

• treasurer’s report 

  Commissioner Chapple reported the balance in the checking account is $59,343.54.MOTION: Commissioner Chapple moved and Commissioner Padro seconded that the Treasurer’s Report be accepted.  The Motion passed unanimously, 6 yeas (Commissioners Nigro, Padro, Maceda, Chapple, Wiggins, and Barnes) – 0 nays – 0 abstentions.

   

• approval of expenses 
  125. MOTION: Commissioner Chapple moved and Commissioner Maceda seconded that the invoice submitted by Karen Jehle in the amount of $125.00 for recording services for the ANC 6E March 1, 2016 Public Meeting be approved.  The Motion passed unanimously, 6 yeas (Commissioners Padro, Maceda, Chapple, Wiggins, Barnes, and Nigro) – 0 nays – 0 abstentions.
  126. MOTION: Commissioner Chapple moved and Commissioner Maceda seconded that Commissioner Nigro be reimbursed in the amount of $497.00 for printing costs of the March 2016 Newsletter. The Motion passed unanimously, 6 yeas (Commissioners Padro, Maceda, Chapple, Wiggins, Barnes, and Nigro) – 0 nays – 0 abstentions.
  127. MOTION: Commissioner Chapple moved and Commissioner Maceda seconded that USPS be paid $348.00 for the year rental fee for the ANC 6E Post Office Box 26182.  The Motion passed unanimously, 6 yeas (Commissioners Padro, Maceda, Chapple, Wiggins, Barnes, and Nigro) – 0 nays – 0 abstentions

1. OLD BUSINESS 

• new business 
• announcements 
  2016. Naomi Mitchell announced that Councilmember Charles Allen will be at Compass Coffee, 1535 7^th Street, NW, from 8:00 a.m. to 9:30 a.m. on this coming Friday, March 4, 2016.
  2017. Commissioner Maceda announced that Springfield Church will honor ANC 6E Women Commissioners at their 11:00 a.m. service on Sunday, March 6, 2016.

• next meeting – Tuesday, April 5, 2016, Northwest One Library, 155 L Street, NW, 6:00 p.m.
• ADJOURNMENT 

  MOTION:   There being no further business to come before the Commission, Commissioner Maceda moved and Commissioner Barnes seconded that the meeting be adjourned.  The Motion passed unanimously, 6 yeas (Commissioners Padro, Maceda, Chapple, Wiggins, Barnes, and Nigro) – 0 nays – 0 abstentions.   The meeting was adjourned at 8:15 p.m.