Minutes – Advisory Neighborhood Commission 4B

March 24, 2014 Regular Public Meeting

Adopted at April 28, 2014 Public Meeting



The meeting was called to order at 7:05 PM, Commissioner Ronald Austin, Chair (and ANC 4B06) presiding. It was held at the MPD’s 4th District Community Room, 6001 Georgia Avenue, NW. Also present were Commissioners 4B01 Sara Green, 4B02 Faith Wheeler, 4B03 Fred Grant, 4B04 Brenda Parks, 4B05 Brenda Speaks, 4B07 Judi Jones, 4B08 Yvonne Jefferson, and 4B09 Douglass Sloan. A quorum was present for all votes.


1) Approval of the Agenda


The agenda as presented was revised.


(A) Commissioner Jones moved that consideration of a resolution regarding the Zoning Regulations Rewrite be added to the agenda. Commissioner Speaks seconded the motion. The motion was adopted by roll call vote, 5 yes, 3 no.


The roll call vote:


YES

NO

ABSTAIN

Grant

Green


Parks

Wheeler


Speaks

Jefferson


Jones



Austin




(B) Commissioner Wheeler moved that the agenda item #6, presentation on the status of the Walter Reed project be removed from the agenda. Commissioner Grant seconded the motion. The motion was adopted, 8 yes, 0 no.


(C) Commissioner Wheeler moved that agenda item #12, Takoma Station Tavern rooftop café, be removed from the agenda. Commissioner Green seconded the motion. The motion was not adopted, 3 yes, 6 no.


2) Approval Vote: Settlement Agreement with Nile Market, 7815 Georgia Avenue N.W.


Commissioner Green moved that the Commission adopt a resolution approving a settlement agreement between the Commission and Nile Market. Commissioner Grant seconded the motion. The motion was adopted unanimously, 8 yes, 0 no.


The adopted resolution:


RESOLVED:

Advisory Neighborhood Commission 4B agrees to become a signatory to the attached Settlement Agreement with Nile Market, 7815 Georgia Avenue N.W., ABRA #50151.

The approved settlement agreement:

VOLUNTARY AGREEMENT


AGREEMENT made this __ day of March, 2014, by and between ATSEDE CORPORATION (the Applicant), ADVISORY NEIGHBORHOOD COMMISSION 4A (ANC4A) and ADVISORY NEIGHBORHOOD COMMISSION 4B (ANC 4B).


WITNESSETH:


WHEREAS, pending before the District of Columbia Alcoholic Beverage Control Board (ABC) is Applicant’s renewal for a class CR license for premises 7815 Georgia Avenue, N.W., ABC Application #50151; and


WHEREAS, ANC 4A did protest the issuance of the original license; and


WHEREAS, the Nile Restaurant and Market is not located in as close proximity to residences as other ABRA-licensed establishments on upper Georgia Avenue NW; and


WHEREAS, the Nile Restaurant and Market has been open for more than 15 years with no evidence of any ABRA-related violations and/or crime/police reports; and


WHEREAS, the parties desire to enter into an agreement amending the previous Voluntary Agreement and setting forth certain understanding regarding Applicant’s operation;

NOW, THEREFORE, the Applicant and ANCs 4A and 4B agree to amend the Voluntary Agreement to include the following requirements:


1. The hours of operation for the restaurant and sidewalk cafe will be 10 AM to 1 AM Sunday; 10 AM to 12 AM (Midnight), Monday through Thursday, and from 10 AM to 3 AM Friday and Saturday. HOWEVER, the hours for the sale of alcohol will be from 10 AM to 12:00 AM (Midnight) on Sunday; 10 AM to 11:30 PM Monday through Thursday; and from Noon to 2 AM Friday and Saturday.


2. No form of dancing will be allowed.


3. Entertainment (limited to one musician and three vocalists) will be allowed.


4. The limitation of the sale of alcohol with meals is cancelled.


5. The Applicant will insure that sound levels do not exceed 60 decibels.


6. Applicant shall place “No Loitering” signs on the inside and outside of the establishment. The signs will be clearly visible to patrons and pedestrians.


7. The Applicant will comply with its Occupancy Permit.


8. ANC 4B will be added as a participant in the Settlement Agreement.


ATSEDE CORPORATION - ANC 4A - ANC 4B

Page Two

9. Effective with the signing of this agreement and approval by ABRA, ANC 4A will be removed as a participant in the Settlement Agreement and will serve only as an affected ANC.


In consideration of the above, ANC 4A will withdraw its protest of the Applicant’s original Application and will advise the ABC Board that it concurs with the amended Settlement Agreement.


IN WITNESS WHEREOF, the parties have affixed hereunto their hands and seals on the day and year first above written.


ATSEDE CORPORATION


Print Name_Retta Makonnen_____________________________________


Sign Name____________________________________________________


Title ___________Owner_________________________________________


Date__________________________________________________________


ADVISORY NEIGHBORHOOD COMMISSION 4A


Print Name_____Karrye Braxton__________________________________


Sign Name________________________________________________________


Title_____Chair ANC4A_____________________________________________


Date________________________________________________________________


ADVISORY NEIGHBORHOOD COMMISSION 4B


Print Name_____Ronald Austin__________________________________________


Sign Name_____________________________________________________________


Title______Chair ANC4B_________________________________________________


Date____________________________________________________________________




3) Presentation and Recommendation Vote: Environmental Impact Statement for State Department Foreign Missions Center at Walter Reed


Commissioner Wheeler moved that the Commission adopt a resolution commenting on and making recommendations regarding the Environmental Impact Statement for the State Department Foreign Missions Center at Walter Reed. Commissioner Green seconded the motion. The motion was adopted, 8 yes, 1 no.


The adopted resolution:


WHEREAS the State Department is seeking to obtain approximately 43.5 acres from the Army to redevelop the western portion of the Walter Reed campus for foreign governments to construct and operate an anticipated 10 – 15 new chancery buildings;

WHEREAS these chanceries will form a Foreign Missions Center (FMC) at 16th Street, NW, between Aspen Street to the south and Alaska Avenue and Fern Street to the northwest and north, respectively; (p. i)

WHEREAS the Department of State (DOS) “would manage the FMC, including maintaining common areas”;

WHEREAS each “foreign mission design would be subject to the local jurisdictional approval process for the design and construction of its facilities”; (p. i)

WHEREAS, in compliance with Section 106 of the National Historic Preservation Act of 1966, ANC 4B is one of the federal and local consulting parties “identified to consult on potential effects to historic resources” of constructing and operating the FMC as well as “measures to minimize and mitigate” those effects;

WHEREAS DOS will prepare a Master Plan to guide the long-term development of a cohesive campus by establishing design and land-use planning principles for the construction of new buildings, roadways, open green space, and utilities, while minimizing environmental impacts; (p. iii)

WHEREAS the Draft Environmental Impact Statement (DEIS) facilitates the preparation of the Master Plan by having examined the potential impacts of 7 alternative courses of action and selected one of them: the Preferred Action Alternative.

WHEREAS items of concern are listed here and shown in italics in the Preferred Action Alternative -- No. 11 of the ANNEX:



RESOLVED:

That Advisory Neighborhood Commission 4B recommends that:

















We especially applaud:

1. Parking underground and on-lot (i.e., on the site of each chancery)

2. On-lot stormwater management.

3. Cost-neutral funding by phasing the sales of properties over 20 years in order to fund infrastructure..

4. Opening up the campus to the public.

ANNEX

BACKGROUND:

1. Scoping letters were mailed in June 2012 to agencies with jurisdiction over features in the study area or an interest in the study and its results, in accordance with the procedural provisions of National Environmental Policy Act (NEPA) and the DOS’ requirements and policies for early coordination.” (p. iv)

2. A 30-day scoping period, initiated with an Open House on July 19, 2012, elicited comments and questions from the public. Key issues of concern identified by the public: preservation of trees and open space, traffic impacts, noise impacts, historic preservation and security. (p. iv)

3. DOS will provide up to 24 individual lots for chancery development at the FMC, but anticipates that 10 to 15 chanceries will be established there “as countries would have the option to combine multiple lots if desired”. (p. iii)

4. “The Proposed FMC (i.e., Foreign Missions Center) was conceptually planned to complement the campus character and be consistent with current and future adjacent land uses by:

  1. Designing each lot access point to be placed on internal roadways of the campus;

  2. Allowing public access to the public areas within the site;

  3. Developing a reuse program for one historic building including the potential for reuse of other historic buildings;

  4. Maintaining a 30-foot setback between the southern boundary of the site and historic Main Drive;

  5. Emphasizing vehicular and pedestrian connections between the DOS portion and the adjacent land uses;

  6. Maintaining a 50-foot vegetated buffer on the west boundary of the site; and

  7. Preserving the tree canopy to the maximum extent possible.” (p. i)



5. These features were identified through the Draft Environmental Impact Statement (DEIS) which examines the potential environmental impacts of 7 alternatives – including a “no-action” alternative – to develop the Foreign Missions Center (FMC). (p. v)

6. Components common to the action alternatives consisted of:



7. DOS believes that the Preferred Action Alternative (selected from among the 7 alternatives) causes the least damage to the “environment; and best protects, preserves and enhances the historic, cultural, and natural resources of the study area”. (p. v)



8. DOS additionally believes that the Preferred Action Alternative “furthers the purpose of the project and satisfies the needs for the project while best:

> maintaining and enhancing the existing site character of the former WRAMC;

> addressing community concerns raised during scoping;

> minimizing potential impacts to cultural resources;

> maximizing marketability by allowing the greatest flexibility in developing the site.” (p. v)

9. The purpose of the project is to “fulfill its statutory mission and responsibilities, while giving consideration to economic, environmental, technical and other factors”;

10. If the No Action Alternative is finally selected, DOS would have to continue to search for land appropriate for embassies to build adequate and secure facilities for their foreign missions. “DOS’ inability to reciprocally acquire properties in other countries would increase, and delays in updating U.S. diplomatic and consular properties abroad to meet modern security requirements would continue.” (p. v)

11. The Preferred Action Alternative has identified impacts to the natural and social environment:

Historic buildings:



Vegetation:



Traffic and Transportation Facilities: Increases are expected

Parking:



Cultural Resources:



It is important to know that if no improvements are made ( i.e., a “No Action Alternative” is selected), the historic resources would continue to deteriorate.

Mitigation:



Archaeological Resources:



Economic impact on the regional economy:


4) Recommendation Vote: Zoning Regulations Rewrite


Commissioner Jones moved that the Commission adopt a resolution recommending to the Zoning Commission that they delay voting on the proposed revisions of the Zoning Regulations. Commissioner Green seconded the motion. The motion was adopted unanimously, 9 yes, 0 no.


The adopted resolution:


WHEREAS: the Office of Planning has presented to Advisory Neighborhood Commission 4B (the Commission) the changes to the zoning regulations through the rewrite;

WHEREAS: the new zoning regulations are general in scope and do not require community input on key neighborhood issues such as accessory dwelling units, neighborhood parking and corner stores;

RESOLVED:

that the Commission asks the Zoning Commission to consider delaying a vote on the new zoning regulations until the residents of Advisory Neighborhood Commission 4B have a good understanding of them (approximately six months).

FURTHER RESOLVED:

that the new zoning regulations should increase community input by making the new zoning regulation changes special exceptions rather than a matter of right for a trial period of two years until the new changes have been filtered.

5) Presentation and Recommendation Vote: Ms. Clotilde Kimmell, Mana Bilingual Child Development LLC, Application to Board of Zoning Adjustment for Special Exception

Following a presentation by Ms. Kimmell and her attorneys and questions from the Commission and the public, Commissioner Grant stated that he thought Ms. Kimmel’s proposal required further research and investigation. He therefore moved that Ms. Kimmell’s application be tabled until the April 28, 2014 meeting. Commissioner Green seconded the motion. The motion was adopted, 7 yes, 2 no.


6) Presentation and Recommendation Vote: Takoma Station Rooftop Café


Mr. David Boyd presented his project to create a rooftop café at Takoma Station Tavern. Following discussion and questions from commissioners and the public, Commissioner Green moved to table the matter. Commissioner Wheeler seconded the motion. The motion was not adopted by roll call vote, 2 yes, 6 no, 1 abstain..


The roll call vote:


YES

NO

ABSTAIN

Green

Grant

Sloan

Wheeler

Parks



Speaks



Austin



Jones



Jefferson


Following further discussion, Commissioner Sloan moved that the Commission approve a letter of support for Takoma Station Tavern’s proposed rooftop café. Commissioner Jefferson seconded the motion. The motion was adopted by roll call vote, 7 yes, 2 no.


The roll call vote:


YES

NO

ABSTAIN

Grant

Green


Parks

Wheeler


Speaks



Austin



Jones



Jefferson



Sloan




The approved letter of support:

To Whom It May Concern:

RE: ABRA-079370, Takoma Station Tavern, 6914 Fourth Street N.W.

Advisory Neighborhood Commission 4B (the Commission) is in general support of the concept for a rooftop patio restaurant proposed by Takoma Station Tavern. This support is contingent upon and may be modified by the regulations of or any special conditions imposed by either the Alcoholic Beverage Control Board (ABCB) or the Historic Preservation Review Board (HPRB) due to their review of Takoma Station Tavern’s applications to them. The Commission’s support is also contingent upon Takoma Station Tavern meeting the regulations of or any and all conditions imposed by either the ABC Board or HPRB.

The Commission also asks that Takoma Station Tavern engage in more interaction with the community and its neighbors regarding their concerns about this proposal.

7) Presentation and Recommendation Vote: To Historic Preservation Review Board for Roof Design at 7036 Eastern Avenue N.W.

Commissioner Green moved that the Commission adopt a resolution recommending that the Historic Preservation Review Board approve the proposed modification of a roof at 7036 Eastern Avenue N.W. Commissioner Grant seconded the motion. The motion was adopted unanimously, 8 yes, 0 no.


The adopted resolution:


RESOLVED:

That Advisory Neighborhood Commission 4B recommends that the Historic Preservation Review Board approve the roof modifications proposed by the owner of 7036 Eastern Avenue, NW, as attached.

We understand that there are significant maintenance and technical difficulties that necessitate this design and thank the owner, Mr. William Walde, and the architect, Freddy Morel, for modifying the proposal to make it a better fit with the existing building.

We also thank Mr. Walde and Mr. Morel for continuing to work with us, Historic Takoma, Inc., and with the staff at the Office of Historic Preservation on the final design.

8) Recommendation Vote: Restrictions on Contributions to Political Candidates

Commissioner Wheeler presented a resolution recommending restrictions on contributions to political candidates. Following discussion, Commissioner Green moved that the resolution be tabled to the next meeting. Commissioner Wheeler seconded the motion. The motion was adopted, 7 yes, 0 no.


9) Recommendation Vote: Establishment of Public Middle Schools in Ward Four


Following a presentation from Steve Smith, representing 4Ward 4, Commissioner Sloan moved that the Commission adopt a resolution recommending the establishment of middle schools in Ward Four. Commissioner Grant seconded the motion. The motion was adopted unanimously, 7 yes, 0 no.


The adopted resolution:


WHEREAS: There is currently no middle school (serving grades 6-8) operated by the D.C. Public Schools (DCPS) in Ward Four; and

WHEREAS: There is a growing, critical need for at least two quality, comprehensive, neighborhood DCPS middle school programs in both the northern and southern parts of Ward Four;

RESOLVED:

That Advisory Neighborhood Commission 4B recommends that:

10) Approval Vote: FY 2014 2nd Quarter Report


Commissioner Grant moved that the FY 2014 2nd Quarter Report be approved as presented. Commissioner Green seconded the motion. The motion was adopted unanimously, 6 yes, 0 no.


11) Addition of DDOT Public Space Occupancy Permit Application to Agenda – 5924 Chillum Place NE – New construction of porch, walkway to porch and driveway entrance


The applicant requested that the Commission consider and support his application for a public space occupancy permit. Commissioner Austin moved that this application be added to the agenda. Commissioner Jefferson seconded the motion. The motion was adopted, 3 yes, 1 no, 1 abstain.


Following a presentation of the project and application, Commissioner Green moved to table consideration of the matter until the April 28, 2014 public meeting. Commissioner Sloan seconded the motion. The motion was adopted, 3 yes, 1 no, 1 abstain.


Community Concerns


Six people addressed the Commission with concerns or questions:


1) Ms. Wanda Oates, ANC 4B05, commended Commissioner Austin for his Black History Month program at the Metropolitan Police Department Community Advisory Committee, at which Commissio