Minutes – Advisory Neighborhood Commission 4B

October 6, 2015 regular Public Meeting – Postponed from September 28, 2015

Approved at October 26, 2015 Public Meeting



The meeting was called to order at 6:43 PM, Commissioner Ronald Austin, Chair (and ANC 4B06) presiding. It was held at the Capital City Charter School, 100 Peabody Street NW. Also present were Commissioners 4B01 Andre Carley, 4B02 Frank Jones III, 4B04 Brenda Parks, 4B05 Brenda Speaks, 4B08 Barbara Rogers AND 4B09 Douglass Sloan. A quorum was present for all votes.


Commissioner Austin asked for a moment of silence in memory of Commissioner Fred Grant, ANC 4B03, Commission Treasurer, who passed away on Sunday, September 27, 2015.


Commissioner Austin announced that the draft budget for FY 2016 was available for review. Copies of the budget could be obtained from the table at the back of the meeting room.


1) Approval of the Agenda


Commissioner Carley moved that the agenda be amended to add a public space occupancy permit application to erect street signage at Blair Road and Chestnut Street N.W. There was no objection. Commissioner Doug Sloan moved that the agenda be amended to add consideration of Resolution 15-0906, making recommendations regarding AC 14-13, regarding penthouse regulations. There was no objection. The agenda was approved as amended.


2) Election of Treasurer


Due to the death of Commissioner Fred Grant, the office of Treasurer was vacant. Commissioner Sloan nominated Commissioner Barbara Rogers as Treasurer. There were no other nominations. Commissioner Rogers was elected unanimously, 7 yes, 0 no.


3) Resolution 15-0701 making recommendations regarding ZC 14-13, Text Amendments to Chapters 1, 4, 5, 6, 7, 8, 9, 12, 15, 19, 26, 27, 29, and 33: Definitions, Use Permissions, and Size Restrictions for Rooftop Penthouses)


Commissioner Sloan moved that the Commission adopt a resolution making recommendations to the Zoning Commission regarding proposed regulations for construction of penthouses. Commissioner Carley seconded the resolution. The resolution was adopted unanimously, 7 yes, 0 no.


The adopted resolution:


Advisory Neighborhood Commission 4B (the Commission) takes note of the following:










(1) Height and width: §411.5 of the text prohibits rooftop penthouses as a matter of right on any “detached dwelling, semi-detached dwelling, rowhouse or flat in any zone”, other than for mechanical equipment or a guardrail. They are allowed by Special Exception, for the sole purpose of providing a stair or elevator for roof access and up to 30 square feet of storage space ancillary to a roof deck, and cannot exceed ten feet in height. Assuming that 30 square feet is the total floor area of the roof structure – as we believe is intended, and this should be made clear – the dimensions of the structure’s exterior footprint would be proportionately curtailed, preventing it from spreading across the width of the building.


(2) Setback: The text requires setback from adjoining walls where the two buildings have the same legal height limit for R-1 through R-4 zones (§411.18(a)(3)), but for R-5 and other zones limits the requirement to walls adjacent to a property with a lower permitted height (§411.18(a)(4)). There is no perceptible reason for this arbitrary exclusion of rowhouses in Adams Morgan and other R-5 and Mixed Use zones from the protection offered by the first of these provisions. This unwarranted discrepancy can be readily corrected by amending §411.18(a)(3) to apply to any “detached dwelling, semi-detached dwelling, rowhouse or flat in any zone” rather than just to buildings in R-1 through R-4, using the same language as in §411.5 dealing with height, just discussed.








RESOLVED:




FURTHER RESOLVED:


That Commissioner Douglass Sloan, ANC 4B09, is hereby authorized to serve as the Commission’s representative in all matters relating to this resolution.


FURTHER RESOLVED:


That, in the event the designated representative Commissioner cannot carry out his representative duties for any reason, the Commission authorizes the Chairperson to designate another Commissioner to represent the Commission in all matter relating to this resolution.


FURTHER RESOLVED:


Consistent with DC Code §1-309, only actions of the full Commission voting in a properly noticed public meeting have standing and carry great weight. The actions, positions and opinions of individual commissioners, insofar as they may be contradictory to or otherwise inconsistent with the expressed position of the full Commission in a properly adopted resolution or letter, have no standing and cannot be considered as in any way associated with the Commission.


4) Public Space Occupancy Permit Application to erect street signage


Mr. Bruce Levin stated that the District Department of Transportation required his company to erect a “Do Not Block the Box” sign at the intersection of Blair Road and Chestnut Street NW in relation to the construction of a new apartment building at that location. Commissioner Carley moved that the Commission support the placement of the sign. Commissioner Frank Jones III seconded the motion. The motion was adopted unanimously, 7 yes, 0 no.


5) Resolution 15-0905 – Recommendations Regarding Walter Reed Site Historic Preservation Master Plan


Following a presentation by representatives of Urban Atlantic regarding their historic preservation plan for the Walter Reed site, Commissioner Carley moved to postpone consideration of the resolution to the October 14, 2015 special public meeting. Commissioner Sloan seconded the motion. The motion was not adopted by a roll call vote, 3 yes, 4 no.


The roll call vote:


YES NO ABSTAIN

4B02 Jones 4B01 Carley

4B06 Austin 4B04 Parks

4B09 Sloan 4B05 Speaks

4B08 Rogers


Commissioner Carley moved that the Commission approve a resolution making recommendations to the Historic Preservation Review Board regarding the Walter Reed historic preservation plan. Commissioner Parks seconded the motion. The motion was adopted by roll call vote, 6 yes, 0 no, 1 abstain.


The roll call vote:


YES NO ABSTAIN

4B01 Carley 4B02, F. Jones III

4B04 Parks

4B05 Speaks

4B06 Austin

4B08 Rogers

4B09 Sloan


The adopted resolution:


Advisory Neighborhood Commission 4B (the Commission) takes note of the following:





RESOLVED:




FURTHER RESOLVED:


That Commissioner Brenda Speaks, ANC 4B05, is hereby authorized to serve as the Commission’s representative in all matters relating to this resolution.


FURTHER RESOLVED:


That, in the event the designated representative Commissioner cannot carry out her representative duties for any reason, the Commission authorizes the Chairperson to designate another Commissioner to represent the Commission in all matter relating to this resolution.


FURTHER RESOLVED:


Consistent with DC Code §1-309, only actions of the full Commission voting in a properly noticed public meeting have standing and carry great weight. The actions, positions and opinions of individual commissioners, insofar as they may be contradictory to or otherwise inconsistent with the expressed position of the full Commission in a properly adopted resolution or letter, have no standing and cannot be considered as in any way associated with the Commission.


6) Resolution 15-0901 Amending Rules of Procedure to Revise Standing Committees


Commissioner Austin moved that the Commission adopt a resolution amending the Rules of Procedure to revise the Commission’s Standing Committees. Commissioner Frank Jones III seconded the motion. The motion was adopted, 5 yes, 0 no, 2 abstain.


The adopted resolution:


RESOLVED, that Advisory Neighborhood Commission 4B amends Section VI(B) of its Rules of Procedure to revise the Standing Committees of the Commission.


VI. Jurisdiction and Duties of Committees

B. The Standing Committees of ANC 4B are hereby established through these procedural rules. These rules establishing Committees supersede any previous Commission resolution or other action creating standing committees, which are hereby rendered null and void. The Standing Committees are:


Alcoholic Beverages

The Alcoholic Beverages Committee shall review and recommend action to the Commission on all issues affecting liquor, restaurant, retail and entertainment licenses. Among other things, applications for new liquor licenses, renewal of liquor licenses or substantial changes to liquor licenses, and proposed settlement agreements shall be submitted to the committee for review, and the committee shall recommend action on each such matter to the full Commission.


Design Review

The Design Review Committee shall review all applications and proposals relating to development, design, historic preservation, and zoning. Applications to D.C. Government agencies, including the Zoning Commission, the Board of Zoning Adjustment, the Historic Preservation Review Board and the Public Space Committee of the District Department of Transportation shall be submitted to and reviewed by the Committee, which shall make recommendations to the full Commission on all such matters.

Education/Libraries/Recreation

The Education Committee shall make recommendations to the full Commission on all issues related to schools, and libraries., public parks, and recreation.


Public Safety/Alcoholic Beverages

The Public Safety Committee shall review and recommend action to the Commission on all issues affecting liquor, restaurant, retail and entertainment licenses. Among other things, applications for new liquor licenses, renewal of liquor licenses or substantial changes to liquor licenses, and proposed settlement agreements shall be submitted to the committee for review, and the committee shall recommend action on each such matter to the full Commission. In addition, The Committee shall review all issues affecting public safety and law enforcement in ANC 4B, and shall consult regularly with representatives of the Metropolitan Police Department and the Fire/EMS Department regarding public safety issues. The Committee shall recommend actions to the Commission as appropriate.


Public Works/Infrastructure

The Committee shall make recommendations to the Commission on all matters related to public transportation, roads, water and public utility regulation, and other public works projects.


Recreation Committee

The Recreation Committee shall make recommendations to the full Commission on all issues related to public parks and recreation.


Senior Citizens’ Affairs and Welfare

The Senior Citizens’ Affairs and Welfare Committee shall make recommendations to the Commission on all matters and issues relating to services, programs and legislation affecting the welfare and quality of life of senior citizens residing in the District of Columbia and within the Commission’s borders. For the purposes of this Committee, the term “senior citizen” shall be defined as anyone age 55 or older.


7) Resolution 15-0902 – Appointment of Chairs of Standing Committees


Commissioner Austin moved that the Commission adopt a resolution appointing Chairs of certain Standing Committees. Commissioner Carley seconded the motion. The motion was adopted by roll call vote, 5 yes, 0 no, 2 abstain.


The roll call vote:


YES NO ABSTAIN

4B01 Carley 4B04 Parks

4B02 F. Jones III 4B05 Speaks

4B06 Austin

4B08 Rogers

4B09 Sloan


The adopted resolution:


RESOLVED, that Advisory Neighborhood Commission 4B appoints the following persons as Chairs of its Standing Committees:


ALCOHOLIC BEVERAGES COMMITTEE: Mr. James Sydnor


DESIGN REVIEW COMMITTEE: Ms. Sara Green


EDUCATION/LIBRARIES COMMITTEE: Mr. Michael Cohen



PUBLIC SAFETY COMMITTEE: No nominee


PUBLIC WORKS/INFRASTRUCTURE

COMMITTEE: Ms. Faith Wheeler


RECREATION COMMITTEE: Ms. Tisha Cockrell


8) Resolution 15-0903 – Recommendations Regarding BZA 19082, 37-39 Missouri Avenue N.W., Application to Board of Zoning Adjustment for Special Exception to Construct a 16-Unit Apartment Building


Commissioner Rogers moved that the Commission adopt a resolution supporting an application for a special exception to construct a 16-unit apartment building at 37-39 Missouri Avenue N.W. Commissioner Frank Jones, III seconded the motion. The motion was adopted unanimously, 7 yes, 0 no.


The adopted resolution:



R-5-A zone must be reviewed by the BZA as special exceptions.




RESOLVED:




FURTHER RESOLVED:


That Commissioner Barbara Rogers, ANC 4B08, is hereby authorized to serve as the Commission’s representative in all matters relating to this resolution.


FURTHER RESOLVED:


That, in the event the designated representative Commissioner cannot carry out her representative duties for any reason, the Commission authorizes the Chairperson to designate another Commissioner to represent the Commission in all matter relating to this resolution.


FURTHER RESOLVED:


Consistent with DC Code §1-309, only actions of the full Commission voting in a properly noticed public meeting have standing and carry great weight. The actions, positions and opinions of individual commissioners, insofar as they may be contradictory to or otherwise inconsistent with the expressed position of the full Commission in a properly adopted resolution or letter, have no standing and cannot be considered as in any way associated with the Commission.


9) Resolution 15-0904 -- Approval of Expenses – rental of tents, tables, chairs for 4B01/02, SMD 4B04, and 4B05 block parties


Commissioner Austin moved that the Commission adopt a resolution retroactively approving certain expenses incurred during a period when the Commission did not meet. Commissioner Frank Jones III seconded the motion. The motion was adopted, 6 yes, 0 no, 1 abstain. Commission Sloan asked that the minutes of the meeting record him as abstaining.


The adopted resolution:


Advisory Neighborhood Commission 4B (the Commission) takes note of the following:





RESOLVED:


The Commission amends the FY 2015 budget to increase the Other Expense budget to allow for the reimbursement of an DC government allotment intended for ANC 4C but mistakenly deposited in ANC 4B’s checking account, and to allow for the additional expenses approved on May 27, 2015, June 22, 2015 and as itemized below. The amended Other Expense budget shall be $7,896.00.




FURTHER RESOLVED:


To provide for additional printing expenses due to informational flyers for block parties, the printing and copying budget shall be amended to $2,236.00.


FURTHER RESOLVED:


That the Commission approves the following Other Expenditures:



Presentations and Reports


1) Ms. Katie Rehwaldt, Department of Parks and Recreation, presented information on the Department’s program of partnerships with community groups. She discussed specific issues and answered questions regarding the Friends of the Takoma Park Recreation Center.


2) Representative Franklin Garcia, DC Shadow Representative presented an update and information on efforts to achieve statehood for the District of Columbia.



3) FY 2015 Third Quarter Financial Report


Commissioner Sloan presented the FY 2015 Third Quarter Report and moved that the Commission approve it. Commissioner Speaks seconded the motion. The motion was adopted unanimously, 7 yes, 0 no.


4) Treasurer’s Report


Commissioner Sloan presented the Treasurer’s Report:


ANC 4B Treasurer’s Report – October 6, 2015


As of August 31, 2015 the Industrial Bank checking account balance was -$358.48.


NOTE: On September 3-4, 2015, $6,000.00 was transferred from the savings account to restore a positive balance.


Balance – 5/30/15 $ 6,917.53

Income – 6/1/15-8/31/15 $ 5,313.49

DC Allotment $ 5,217.67

Interest $ 0.66

Verizon credit $ 95.16


Expenditures – 5/1/15-5/29/15 $12,589.50


Ending balance – 8/31/15 $ - 358.48

5) Minutes – July 27, 2015 special public meeting


Commissioner Carley moved that the minutes of the July 27, 2015 special public meeting be approved as presented. Commissioner Frank Jones III seconded the motion. The motion was adopted unanimously, 7 yes, 0 no.


The meeting was adjourned at 9:18 PM.



1 Action LU-2.1.B: Amendment of Exterior Wall Definition

Amend the city’s procedures for roof structure review so that the division-on-line wall or party wall of a row house or semi-detached house is treated as an exterior wall for the purposes of applying zoning regulations and height requirements.