Minutes – Advisory Neighborhood Commission 4B

November 26, 2012 Regular Public Meeting – adopted 1/28/13

 

The meeting was called to order at 7:00 PM, Sara Green, Chair (and ANC 4B01) presiding.  It was held at the MPD’s 4th District Community Room, 6001 Georgia Avenue, NW. Also present were Commissioners 4B02 Faith Wheeler, 4B03 Fred Grant, 4B05 Brenda Speaks, 4B07 Judi Jones, 4B08 Yvonne Jefferson, and 4B09 Douglass Sloan.  A quorum was present for all votes.

 

Actions:

 

1)         The agenda as presented was adopted without objection.

 

2)         Approval Vote: – FY 2012 4th Quarter Report

 

Commissioner Grant presented the 4th Quarter Financial Report.  Commissioner Jefferson moved that the Commission approve the quarterly report.  Commissioner Wheeler seconded the motion.  The motion was adopted unanimously by roll call vote, 5 yes, 0 no.

 

The roll call vote:

 

VOTING YES                                                VOTING NO                                      ABSTAIN

 

Green

Wheeler

Grant

Speaks

Jefferson

 

2)         Presentation and Vote:  6000 New Hampshire Ave NE, Request to Zoning Commission for Modification of Approved PUD and Special Exception for Adult Day Treatment Center

 

Mr. Michael Beidler, Karajoel, LLC, presented the details of their application for a minor modification of their approved Planned Unit Development.

 

Following questions and extended discussion, Commissioner Jefferson moved that the Commission adopt a resolution opposing the application.  Commissioner Green seconded the motion.  The motion was adopted by roll call vote, 5 yes, 1 no, 1 abstain.

 

The roll call vote:

 

VOTING YES                                    VOTING NO                                      ABSTAINING

Green                                                 Jones                                                 Sloan

Wheeler

Grant

Speaks

Jefferson

 

 

 

 

 

The adopted resolution:

 

RESOLVED:

That Advisory Neighborhood Commission 4B (the Commission) cannot support the application of Karajoel, LLC (Applicant) to the Zoning Commission (ZC) for review and approval of a minor modification to an approved Planned Unit Development (PUD), located at 6000 New Hampshire Avenue N.E. (ZC Case #05-30) for the following reasons:

  1. The community, along with ANC 4B, had extensive discussions and public meetings prior to supporting the adopted PUD.  The PUD adopted by the Zoning Commission reflects the community's goals of a high-quality residential development with a significant affordable housing component.

  2. The “minor” modifications described in the Applicant’s letter dated November 13, 2012 represent a significant departure from the original PUD and plan approved by the ZC and which the community expected to be implemented.

 

  1. Contrary to the requirement of Section 3030.2 of the ZC’s rules, these modifications are notof little or no importance or consequence”, but represent significant changes to the PUD. 

 

  1. Several community members/representatives met on two occasions with the Applicant; those meetings indicate that the Applicant has established a line of communications. During the two meetings about the preliminary plans for a modification, they were not articulated as “minor.” At these meetings, very detailed architectural drawings were displayed for the few community members able to attend these summer meetings. While the community appreciates the initial outreach, it expressed reservations to the Applicant that — although it had an aggressive timeline — it would be difficult to articulate an official position until more details were forthcoming, a formal written proposal was presented and more community input (which has been mixed based on the preliminary plan) was sought.

 

  1. The community needs to resolve with the Applicant inconsistencies between the preliminary plan and the formal proposal, as well as unanswered questions, to include but not limited to:

a.   As noted above, the characterization of this significant change as a “minor” modification.

b.   The number of individuals to be served on a daily basis by the proposed facility.

c.    The applicant stated in community meetings that Metro Homes would have to own the property housing the Adult Day Treatment Facility.   Ownership and operation of the building should be clarified.

d.   If Metro Homes withdraws from the project, what is the overall impact?

e.    Clarification of the long-term impact on redesignating the property as an “adult day treatment facility” — regardless of ownership status.

f.     Public benefits and amenities that this proposed facility would bring.

g.    More details on how the proposed facility aligns with the Comprehensive Plan and Lamond-Riggs Small Area Plan.

h.   More details on the proposed changes to the larger building, to include clarification on the condo construction specs and specifics on the types of units.

i.     More specifics on the community room and its use in the Adult Day Treatment Facility, as the jurisdiction would shift from the homeowners association to Metro Homes under the proposal.

j.     Clarification of the precise proportions of ownership in the apartment component of the project between the Applicant and other parties, who should be clearly identified.

 

  1. The Commission has not been consulted about many of these modifications and only learned of them upon receiving notice of the Applicant’s submission to the ZC.

 

  1. In particular, the Applicant is proposing to establish an institutional/business use in what was originally approved by the ZC as a residential condominium building.  The residential element of the building would be eliminated.  The impact on the quality of the residential development due to the reduction in the number of apartment dwellings and their proportion in the one building is unknown.

 

  1. Contrary to the Applicant’s claim, there may be a significant traffic impact for residents of the PUD and the surrounding community. 110 clients are being transported to and from the proposed Adult Day Treatment Facility, and “staff members, trash service, and occasional deliveries. . .” as stated in the application.  This requires further analysis.

 

  1. Condominium housing originally included affordable housing units to be divided between the two condominium buildings. Now, with only one condominium building, all affordable housing units will be in one building on this site. More information is needed on how these units will be divided among bedroom types and distributed within the one building.

 

  1. The Applicant’s submission to the ZC was received by the Commission on Monday, November 19, 2012.  The Commission respectfully submits that these modifications, which are very significant, and of importance and consequence to the residential community surrounding 6000 New Hampshire Avenue N.E., cannot be adequately considered by the Commission or by the community in the short period of time between November 19th and the next public meeting of the Zoning Commission on December 10th.  In fact, the Commission is not scheduled to meet again until January 28, 2013.

 

  1. In view of these concerns, this application should not be automatically approved as part of the Zoning Commission’s consent calendar, but instead should be set down for a public hearing at a future date, with the Commission receiving 30-business-days’ notice of the hearing as required by law.

 

  1. The Commission, given adequate time, will carefully review the impact of the proposed modifications on the surrounding community, seek community input on the proposal, and make appropriate recommendations to the Zoning Commission.

 

AND BE IT FURTHER RESOLVED:

That the Commission recommends that the application be removed from the consent calendar and set down for a full public hearing.  Should the ZC hear the case as a consent item, the Commission recommends it be denied.

(Letter to Zoning Commission)

 

 

4)         Presentation and Vote:  Department of General Services Declaration of Paul Charter School as Surplus Property and Proposed Extension of Charter School Lease

 

Mr. Kenneth Diggs, Department of General Services, presented the details of the declaration of Paul Charter School building as surplus property and the reasons for extending the Paul Charter School lease.  Ms. Jamie Dunham, Head of Paul Charter School, also provided information.

 

Following questions and discussion, Commissioner Green moved that the Commission express its support for the declaration and lease extension in the form of a letter to DGS.  Commissioner Grant seconded the motion.  The motion was adopted unanimously by show-of-hands vote, 7 yes, 0 no.

 

The adopted support letter:

 

Mr. Jonathan Kayne

Associate Director of Portfolio

Department of General Services

Government of the District of Columbia

2000 14th Street N.W., Eighth Floor

Washington, D.C.  20009

 

Dear Mr. Kayne:

 

At its regularly scheduled meeting on November 26, 2012 (notice of which was properly given, and at which a quorum of seven of eight members was present) Advisory Neighborhood Commission 4B voted unanimously (7 yes, 0 no) to support the application of Paul Charter School for an extended lease, contingent upon the understanding that the issue before the Commission is solely the extension of the lease for a 25-year term, with a 25-year renewal. 

 

Please thank Mr. Kenny Diggs of your department for taking time to attend our rather lengthy meeting, his informative presentation, and his very helpful answers to questions.

 

The Commission submits this recommendation under the provisions of DC Code 1-309.1(a) through 1-309.10(i)(1), which require, among other things, that Advisory Neighborhood Commission recommendations be given “great weight” from DC government agencies, that DC government agencies “articulate with particularity and precision the reasons why the Commission does or does not offer persuasive advice under the circumstances.  In doing so, the government entity must articulate specific findings and conclusions with respect to each issue and concern raised by the Commission.”

 

Sincerely,

Sara Green, ANC 4B01

Chair

 

5)  Presentation & Vote:  Resolution, Omnibus Alcoholic Beverage Regulation Act of 2012

 

Commissioner Green reviewed the proposed legislation changing the law governing sale and service of alcoholic beverages.  Commissioner Grant seconded the motion.

 

The adopted resolution:

 

RESOLVED:

           

Advisory Neighborhood Commission 4B reaffirms its opposition to provisions of B19-824, the Omnibus Alcoholic Beverage Regulation Amendment Act of 2012.

 

We note that several city-wide groups, including the Federation of Citizens Associations and the League of Women Voters, also oppose the currently-drafted legislation, and find their concerns cogent.

 

We are particularly concerned that the Working Group that drafted the bill did not include any representatives from Wards 3, 4, and 5, and that very little, if any, notice was given to the public about the group’s meetings and votes.

 

We recommend that the Council amend the provision limiting participation in the protest process to those who live within 400 feet of the establishment.  At a minimum, those who live within the Single-Member District plus a radius of 1,800 feet and those who represent nonprofit groups, schools and parent/teacher groups and religious groups within the Single-Member District plus 1,800 feet should be permitted to participate.

 

We recommend that the Council strike provisions that:

 

Ø  Permit repeat violators to avoid revocation by paying a fee or suspending operations for a given period of time.  Business convicted of four first-tier violations, including serving alcohol to minors, should not continue to operate.

Ø  Permit the protests of individuals to be dismissed by the ABC Board upon acceptance of a voluntary agreement with the Advisory Neighborhood Commission (ANC).  Circumstances in communities, including ANC representation, differ.  Disenfranchising residents from participating directly is not in the public interest.

Ø  Require that ANCs “serve a copy” of their recommendations to the applicant or licensee “not less than seven calendar days” before the ABC hearing.  This is an onerous and unfair requirement for ANCs, including the many that are unstaffed.  Currently, ANCs must notify the ABC Board of their recommendations well in advance of the hearing.  ABRA and the Board can easily share these documents with the applicant.

Ø  Require that civic groups invite an applicant to address their “voting body” with seven days’ notice given both to the applicant and the voting body.  The new provision is unworkable and places too much of a burden on volunteer groups.  How long should an applicant be given to “address” the body?  Who decides what is adequate?

Ø  Restrict the issues to be included in Voluntary Agreements.  The new restrictions will hamper neighborhoods and businesses from shaping agreeme4nts that respond to differing community needs and conditions.  The current requirement that agreements address issues about the operation of the establishment, the sale, service and consumption of alcoholic beverages and the topics contained in the ABC Code and regulations is reasonable.  No changes are needed.

 

ANC 4B makes these recommendations pursuant to DC Code 1-309.10(a) through 1-309.10(i)(2)  This resolution is directed to the DC Council.  However, we ask that the Mayor veto the legislation in the event that the Council does not adopt these recommendations.

 

6)         Approval Vote:        FY 2013 Budget

 

Commissioner Green moved that the proposed budget for 2013 be adopted on an interim basis and that the budget be reviewed at the February 2013 public meeting, so that newly-elected  commissioners have time to consider it.  Commissioner Grant seconded the motion.  The motion was adopted by show of hands vote, 5 yes, 0 no.

 

The adopted budget:

 

FY 2013 BUDGET

 

1.       Net Salary and Wages                                           $19,000

2.       Workers Compensation                                             -0-

3.       Insurance

          a.       Health                                                              -0-

          b.       Casualty/Property                                           -0-

4.       Total Federal Wage Taxes                                      $  3,000

5.       State Wage Taxes                                                  $     720

6.       Unemployment Taxes                                           $     600

7.       Tax penalties                                                        $     720

8.       Local transportation                                             $     500

9.       Office rent                                                             $  7,560

10.     Telecommunication services

          10a.  Landline telephone                                      $  1,600

          10b.  Cellular telephone                                       $     -0-

          10c.   Cable/internet services                               $     600

11.     Postage and delivery                                             $  1,500

13.     Printing and copying                                            $  3,600

14.     Flyer distribution                                                 $  1,000

15.     Purchase of services                                              $  1,800

16.     Office supplies                                                      $  2,000

17.     Office equipment

          17a.  Rental                                                                      -0-

          17b.  Purchase                                                     $  2,000

18.     Grants                                                                  $  9,000

19.     Training                                                                  -0-

21.     Transfer to savings                                               $  1,000

22.     Bank charges                                                        $     200

23      Other                                                                    $  1,000

TOTAL DISBURSEMENTS:                                           $57,400

Community Concerns

 

1)         Mr. Paul Montague noted that he had submitted a Freedom of Information Act request to Commissioner Green on November 12.  He asked for the status of his request.  Commissioner Green said that the request had actually been received on November 15, and that a search was being conducted for the documents he had requested.

 

2)         Dr. Tiffany Powell, National Institutes of Health Heart, Lung and Blood Institute announced a new health initiative for Washington D.C. involving community-based interventions related to obesity.

 

3)         Commissioner Grant reminded everyone that the Commission has dog waste pickup signs available for residents who would like to post them in their yards.

 

4)         Commissioner Speaks asked Commissioner Grant what follow-ups he was doing related to the recent shooting incident at Coolidge High School.  Commissioner Grant said that only one side of the story had been heard and no additional information was available.  He said he would do a follow-up when there was more information.  The police have been very tight-lipped about additional information because there is an ongoing investigation.

 

Presentations and Reports

 

1)         Lt. Alicia Moore, Metropolitan Police Department, presented a public safety report regarding crime in ANC 4B.

 

2)         Mr. Brandon Todd, Ward 4 Councilmember Muriel Bowser’s office, presented information on current District issues and answered questions from Commissioners and the public.

 

3)         Ms. Diane Bryce, Rising Above Transitional Place, Inc., described her program which she proposed to operate 5911 4th Street N.W.  She noted that Commissioner Gloria Palmer supported her project.  She also noted that she had submitted to the Commission a petition supporting the project signed by over 50 residents of the neighborhood.   She asked the Commission to support her proposal.

 

Following extensive questions and discussion, Commissioner Green moved that any decision on Ms. Bryce’s request for support be tabled to the January 28, 2013 meeting.  At that meeting, the DC Department of Health and the Department of Consumer and Regulatory Affairs will be invited to provide information on group homes, specifically 5911 4th Street N.W., that Ms. Bryce will also provide more information in response to the questions raised at this meeting, and that Ms. Bryce has represented that she can establish her project at that address as a matter of right and does not need Commission support.  Commissioner Speaks seconded the motion.  The motion was adopted unanimously by show of hands vote, 6 yes, 0 no.

 

4)         Mr. Paul Malloy, Oxford House, described the organization’s resident program designed to support recovering alcoholics, with particular reference to their new facility at 609 Nicholson Street N.W.  He responded to questions and comments from Commissioners and the public.

 

5)         Commissioner Grant presented the Treasurer’s Report:

 

ANC 4B Treasurer’s Report – November 26, 2012

 

As of September 28, 2012 the Industrial Bank checking account balance was $17,640.69

 

Balance – 9/28/12                                                                                        $17,640.69

 

Income – 9/29-10/31/12 (Interest)                         $     0.75

                       

Expenditures – 9/1/12-9/30/12                              $1,762.61

 

Ending balance – 10/31/12                                                                                    $15,878.83

 

 

The following checks were cashed last month:

Date Cashed

 Name

Check #

Amount

Purpose

Meeting Approval Date

10/5/12

James H. Irwin

4757

$461.70

Staff wages

2013 interim budget

10/22/12

10/10/12

Konica Minolta

4754

$84.54

Printing & Copying

2013 interim budget

10/22/12

10/10/12

Jamal’s Takoma Park LLC

4753

$600.00

Office rent

2013 interim budget

10/22/12

10/12/12

Verizon

4756

$39.99

Internet

2013 interim budget

10/22/12

10/12/12

Verizon

4755

$114.68

Landline telephone

2013 interim budget

10/22/12

10/22/12

James H. Irwin

4758

461.70

Staff wages

2013 interim budget

10/22/12

 

 

 

6)         Commissioner Jefferson presented the minutes for the special meeting held on October 11, 2012.  Commissioner Wheeler moved that the minutes be adopted.  Commissioner Grant seconded the motion.  Commissioner Wheeler noted that the spelling of Malaika Abernathy’s name was incorrect.  The minutes as corrected were adopted unanimously by show of hands vote, 6 yes, 0 no.

 

Commissioner Green noted that a quorum was present:  Commissioners Green, Wheeler, Grant, Sloan, Speaks, and Jefferson.

 

The meeting was adjourned at 10:10 PM.