September 2015 Minutes

Advisory Neighborhood Commission 6E

Public Meeting

Tuesday, September 1, 2015

Advisory Neighborhood Commission 6E convened at the Watha T. Daniel/Shaw Neighborhood Library, 1630 7^th Street, N.W., Washington, DC, on Tuesday, September 1, 2015 at 6:30 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

Alfreda S. Judd, ANC 6E07 (arrived at 6:59 p.m.)

1. CALL TO ORDER AND ROLL CALL

   Chair Maceda called the meeting to order 6:35 p.m. The roll was called and the presence of a quorum was noted.

2. APPROVAL OF AGENDA

   MOTION: Commissioner Padro moved and Commissioner Nigro seconded that the Agenda be approved as submitted. The Motion passed unanimously, 5 yeas (Commissioners Padro, Nigro, Maceda, Wiggins, and Chapple) – 0 nays – 0 abstentions.  [Commissioners Barnes and Judd had not yet arrived].

• APPROVAL OF ANC 6E MINUTES

  MOTION: Commissioner Padro moved and Commissioner Nigro seconded that the Minutes of the ANC 6E Public Meeting of July 7, 2015 be approved with corrections.to be submitted to the Secretary.  The Motion passed unanimously, 5 yeas (Commissioners Padro, Wiggins, Maceda, Nigro, and Chapple) – 0 nays – 0 abstentions.   [Commissioners Barnes and Judd had not yet arrived].

1. PSA REPORTS:

Crime statistics for the indicated periods are as follows:

1D (PSA 103):  There was no representative present.

Lieutenant Debra Pearce of 3D (PSA 308) stated that she had no crime stats because the website was down.  As of August 16, 2015 crime has been down in violent crime; a Community Outreach Post has been established in the 600 block of O Street, NW to address ongoing violent crime; this may be last until the end of September, but may be extended until the fall.  It has been very effective and residents are appreciative of this police presence;

Commissioner Padro expressed concern about the lack of attention to the immediate adjacent locations (1300 block of H Street, NW, 8^th & R Streets, NW, 700 block of O Street, NW) to the 600 block of O Street, NW where the police presence there was re-deployed to the 600 block of O Street.  Lt. Pearce responded that crime suppression teams were effective in these areas.

Ibrahim Mumim asked about a recent homicide and stated that criminals need to be prosecuted who kill innocent bystanders.  Lt. Pearce responded that this is still an active investigation and she could not say anything further.

Commissioner Maceda suggested the community look into establishing a Neighborhood Watch again.

Commissioner Wiggins asked whether cameras on the south side of Kennedy Recreation Center have been installed yet.  He was informed they were.  He also stated a Public Safety Meeting will be held by September 14^th or 15^th.

Commissioner Nigro asked about a murder in June, a shooting at 4^th & M Street, NW, and car break-ins on Ridge Street.

Commissioner Chapple asked about harassment at a bus stop at 7^th & Q Street, NW.

2015. NOTICE ON REATIG PROJECT, 446-452 RIDGE ROAD, NW: REQUEST FOR ZONING RELIEF (PARKING STUDY TO BE REDONE)

      At the ANC 6E July 7, 2015 Public Meeting, the commission voted to support the BZA application #19053 of 446-452 Ridge Road, NW for parking relief with no restrictions.

      Commissioner Nigro provided an update and stated that the BZA Chair would like to have another traffic study done (the original study was done on a Thursday which was a street cleaning day).  Another hearing will be held on September 29, 2015.  The new parking study will be done on Tuesday and Saturday.  She asked that an addendum be made to the original letter of support without restrictions asking that ANC 6E not render an opinion.  She stated the commission cannot have an opinion and that it be neutral because it has not seen the new study.

      Commissioner Padro stated that the BZA held a hearing on July 28, 2015.

2016. MOTION: Commissioner Nigro moved and Commissioner Barnes seconded that ANC 6E write an addendum letter to the BZA stating that that we cannot render an opinion because we have not seen the new parking study.   Voting on the Motion resulted in a tie vote, 3 yeas (Commissioners Nigro, Barnes, Maceda) – 3 nays (Commissioners Padro, Chapple, and Wiggins) and did not pass.

• ZONING/HISTORIC: 5^TH & i PROJECT – PEEBLES CORPORATION

  Don Peebles and his architectural team provided an update on their 5^th & I Street hotel.  They will be appearing before the HPRB on September 24, 2015 and the BZA on October 10, 2015.  They have gone through the conceptual design process with HPRB.  They presented a detailed slide presentation on the project.

  They are requesting zoning relief for the following variances:  (1) special exception for roof structures; (2) non-compliant setbacks on the back of the building; (3) the effective date of proposed requirements (October 19, 2015); (4) area variances requesting:  a) rear yard (unable to provide); b) closed court; c) two parking variances:  a) minimum amount of parking – 125 required – 86 being provided; b) parking access (ramp required) – proposing a dual lift system instead.
  
  MOTION: Commissioner Maceda moved and Commissioner Padro seconded that ANC 6E support for HPRB approval the proposed conceptual design requested by Peebles Corporation for their 5^th & I Street, NW Hotel and that said support be communicated in writing to the HPRB of the DC Office of Planning.    The Motion passed unanimously, 7 yeas (Commissioners Padro, Nigro, Maceda, Wiggins, Chapple, Barnes, and Judd) – 0 nays – 0 abstentions.
  
  MOTION: Commissioner Maceda moved that ANC 6E support the zoning relief requested by Peebles Corporation in order to erect the proposed hotel at 5^th & I Streets, NW and that said support be communicated in writing to the Board of Zoning Adjustment (BZA).  The Motion failed for lack of a second.

  MOTION: Commissioner Padro moved and Commissioner Chapple seconded that ANC 6E oppose the zoning relief requested by Peebles Corporation for the proposed hotel at 5^th & Streets, NW based on the applicant’s failure to meet the parking requirement and that said opposition be communicated in writin to the Board of Zoning Adjustment (BZA).  The Motion passed, 4 yeas (Commissioners Padro, Chapple, Wiggins, Barnes) – 1 nay (Commissioner Maceda) – 2 abstentions (Commissioners Nigro and Judd).

• ZONING: 1533 9^TH STREET – SHILOH BAPTIST CHURCH – SPECIAL EXEMPTION
  
  Attorneys for Holland and Knight spoke regarding Shiloh Baptist Church’s BZA application to develop a community service center where a special exemption is needed.  A community service center is not permitted in an R4 District.  This same special exemption was approved five (5) years ago.  They presented at the ANC 6E Planning & Zoning Committee and received approval to move forward.

  MOTION: Commissioner Padro moved and Commissioner Wiggins seconded that ANC 6E support the BZA application of Shiloh Baptist Church, 1533 9^th Street, NW, to allow a community service center to operate at 1533 9^th Street, NW, and that said support be communicated in writing to the Board of Zoning Adjustment (BZA).  The Motion passed, 6 yeas (Commissioners Padro, Nigro, Wiggins, Chapple, Barnes, and Judd) – 0 nays – 1 abstention (Commissioner Maceda).

1. ZONING: 1544 9^TH STREET, NW, SHAW BIJOU

   Co-owners Kwame Onwuachi and Greg Vakiner stated Shaw Bijou is seeking relief for the ability to use the property for commercial purposes.  They will only have two evening seatings, with no breakfast or lunch served.  Dinner will be by reservation only, with one table set aside for residents.  Commissioner Padro stated there will be no outdoor seating.  Shaw Bijou has agreed to a number of stipulations – disposal of recyclables; parking of patron’s vehicles (valet parking of 10 to 12 cards), and handicapped residents will be given first preference.

   MOTION: Commissioner Padro moved and Commissioner Maceda seconded that ANC 6E support the use variance requested by Shaw Bijou, 1544 9^th Street, NW, to be used as a restauramt and that said support be communicated in writing to the Board of Zoning Adjustment (BZA).  The Motion passed, 6 yeas (Commissioners Padro, Nigro, Wiggins, Chapple, Maceda, and Judd) – 0 nays – 1 abstention (Commissioner Barnes).

2. ABRA: LA JAMBE, 1550 7^TH STREET, nw, OUTDOOR CAFE:   rEQUEST FOR SUPPORT FOR TAVERN LICENSE

   Anastasia Mori and Heather Leonard spoke regarding the request for a Tavern License of La Jambe, 1550 7^th Street, NW.  La Jambe is a French wine, charcuterie, and cheese bar.  There will be no entertainment.  There will be 40 seats inside and about 12 seats outside.  They will be open only evening hours during the week and will feature brunch on Saturday and Sunday.  Commissioner Padro stated the applicant has agreed to sign a settlement agreement regarding restrictions on hours, trash disposal, and recyclables.  They appeared before ANC 6E’s Alcohol Beverage Licensing Committee and the committee recommended approval.

   MOTION: Commissioner Padro moved and Commissioner Chapple seconded that ANC 6E support the request for a Tavern License of La Jambe, 1550 7^th Street, NW, subject to the signing of a Settlement Agreement, and that said support be communicated in writing to the ABC Board and ABRA.  The Motion passed, 6 yeas (Commissioners Padro, Nigro, Chapple, Nigro, Barnes, and Judd) – 1 nay (Commissioner Wiggins) – 0 abstentions.

3. ABRA: 520 FLORIDA AVENUE – SHAW TAVERN – ADDITION OF SECOND FLOOR

   Andrew Kline, Veritas Law, spoke on behalf of the applicant.  The addition of the second floor is part of Shaw Tavern’s application for an ABC license.  They are requesting an expansion of the existing licensed premises to include 38 seats on the second floor.  The current Approved Occupancy Load is 105 for the first floor.

   Commissioner Chapple stated that at ANC 6E’s Alcohol Beverage Licensing Committee, the committee agreed to support Shaw Tavern’s application contingent upon their signing a Settlement Agreement.  The Settlement Agreement has a provision not to allow music to be heard in homes of nearby residents.  The Settlement Agreement Shaw Tavern submitted needs more concrete terms, i.e., installation of noise retardant material on the second floor, and did not state the steps to be taken to accomplish this.  Kline responded that the applicant will do whatever it takes to make sure the noise is mitigated, that the neighbors are happy, and offered to meet personally with the affected residents.

   MOTION: Commissioner Chapple moved and Commissioner Padro seconded that ANC 6E support the application of Shaw Tavern for an ABC license contingent upon the signing of a Settlement Agreement by September 8, 2015 and, if not, that ANC 6E protest the application and that said support or opposition be communicated in writing to the ABC Board and ABRA.  The Motion passed unanimously, 7 yeas (Commissioners Padro, Nigro, Maceda, Wiggins, Chapple, Barnes, and Judd) – 0 nays – 0 abstentions. 

• ABRA: TEXAS DE BRAZIL, 455 MASSACHUSETTS AVENUE, NW, EXPANSION OF HOURS

  The applicant stated they are requesting an expansion of hours to the allowable maximum to sell liquor based on the hours at all their other locations.  The restaurant features all you can eat until 10:00 pm and they stop seating at 9:30 p.m.; they have a small outdoor seating area that serves appetizers and cocktails; on Friday and Saturday nights they stop seating at 10:00 p.m.  The expanded hours requested are:  serve liquor until 2:00 a.m. Sunday through Thursday, midnight on the patio; 3:00 a.m. on Friday and Saturday.  Commissioner Maceda stated ANC 6E’s Alcohol Beverage Licensing Committee recommended support and the applicant has signed a settlement agreement.

  MOTION: Commissioner Maceda moved and Commissioner Wiggins seconded that ANC 6E support the application for expansion of hours of Texas de Brazil, 455 Massachusetts Avenue, NW, and that said support be communicated in writing to the ABC Board and ABRA. The Motion passed unanimously, 7 yeas (Commissioners Padro, Nigro, Maceda, Wiggins, Chapple, Barnes, and Judd) – 0 nays – 0 abstentions. 

• OFFICE OF THE MAYOR’S PRESENTATION

  Frank Maduro (maduro@dc.gov; 202-538-0313) of the Mayor’s Office of Community Relations and Services spoke regarding what the Mayor’s Office is doing to combat the recent violent crime: (1) they have done a few walkthroughs of the area; sidewalks were fixed and trees trimmed; (2) on July 23, 2015 a pre-screening for employment was done for a future Hiring event; (3) DOES is here; (4) they are working with MPD on issues at the Kennedy Recreation Center; they installed 8 cameras which have been at the Kennedy Recreation Center to which MPD has access and which have been angled properly; (5) the suspect in the murder of Tamara Gliss is thought to be a resident in the Shaw community, but no one has come forward; they are doing everything they can to assist the family; (6) there will be a Hiring Event on September 30, 2015 and a pre-screening will be done on September 28, 2015; (7) they are starting to set up a Neighborhood Watch.  Donald Hughes of DOES stated a Public Safety meeting was held last night and stated that the police cannot fix everything, but that education, employment, drug abuse, and housing need to be addressed. 

• DACHA APPLICATION
  
  At the ANC 6E July 7, 2015 Public Meeting, the commission protested Dacha Beer Garden’s ABRA application from a Class “D” to a Class “C” on the basis of peace, order, and quiet, and negative impacts on real estate and parking. Andrew Kline, Veritas Law, and Martin Beam, Miller, Beam, & Paganelli, Inc. (acoustical consultants) provided an update on their noise mitigation efforts.  Beam stated his firm tested the noise levels around last Oktoberfest and through the weekend.  705 Q Street NW was impacted on Saturday afternoon and Saturday evening and registered 60 dba; they they took measurements as the night went on and the high was 55 to 60; at the front and back of 1609 8^th Street, it was 54 to 57.  He concluded by stating that the current impact is minimal,  except for nearby properties; a new fence was built at 705 Q Street that resulted in a 10 decibel reduction.

  As far as the terrace is concerned, rather than a canopy over the top, if a solid barrier were installed then sound absorption abatement (acoustical tile) could be used; another barrier would be installed on the second floor; the indoor areas will have sound attenuating windows.

  Commissioner Padro stated that Dacha has been over capacity two to three times their stated capacity of 126.  Mr. Kline responded that the original ABRA application stated a capacity of 190 and he thought the capacity of 126 was unreasonably low.

4. PRESENTATION ON SURSOM CORDA, 1112 FIRST TERRACE, NW – HOLLAND & KNIGHT

   Leila Batties and Chip Glasgow of Holland & Knight reported on the Planned Unit Development (PUD) application of Sursom Corda from an R-4 to a C-3/C-4. The PUD will include the construction of 199 new affordable housing units on-site, the overall average of which will not exceed 60% AMI.  Of the 199 new affordable units, 143 units will be constructed during the first phase of the development and will be reserved for the return of the current Sursum Corda residents.  They emphasized that this is not public housing.  Due to time constraints, they were unable to complete their presentation.  Chair Maceda invited them back to the ANC 6E October 6, 2015 Public Meeting. 

• TREASURER’S REPORT

  Commissioner Chapple reported that the balance in the checking account is $60,663.55.

  MOTION:  Commissioner Chapple moved and Commissioner Padro seconded that the Treasurer’s Report be approved.  The Motion passed unanimously, 7 yeas (Commissioners Padro, Wiggins, Barnes, Maceda, Nigro, Chapple, and Judd) – 0 nays – 0 abstentions.

• APPROVAL OF EXPENSES
  125. MOTION: Commissioner Chapple moved and Commissioner Padro seconded that the invoice submitted by Karen Jehle in the amount of $125.00 for recording services for the ANC 6E September 1, 2015 Public Meeting be approved.  The Motion passed unanimously, 7 yeas (Commissioners Chapple, Padro, Maceda, Wiggins, Barnes, Nigro, and Judd) – 0 nays – 0 abstentions.
  126. MOTION: Commissioner Chapple moved and Commissioner Padro seconded that Commissioner Nigro be reimbursed in the amount of $521.35 for printing costs of the July Newsletter.  The Motion passed unanimously, 7 yeas (Commissioners Chapple, Padro, Maceda, Wiggins, Barnes, Nigro, and Judd) – 0 nays – 0 abstentions

  127. MOTION: Commissioner Chapple moved and Commissioner Padro seconded that Commissioner Nigro be reimbursed in the amount of $520.00 for printing costs of the September Newsletter.  The Motion passed unanimously, 7 yeas (Commissioners Chapple, Padro, Maceda, Wiggins, Barnes, Nigro, and Judd) – 0 nays – 0 abstentions
• OLD BUSINESS

• NEW BUSINESS

1. next meeting

   Tuesday, October 6, 2015, Watha T. Daniel/Shaw Neighborhood Library, 1630 7^th Street, NW, 6:30 p.m.

• ANNOUNCEMENTS

• adjournment

  MOTION: There being no further business to come before the Commission, it was moved and seconded that the meeting be adjourned.  The Motion passed unanimously, 7 yeas (Commissioners Padro, Maceda, Wiggins, Nigro, Barnes, Chapple, and Judd) – 0 nays – 0 abstentions.   The meeting adjourned at 9:00 p.m.