Minutes – Advisory Neighborhood Commission 4B

May 18, 2015 Regular Public Meeting

Approved June 22, 2015



The meeting was called to order at 7:34 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 Andre Carley, 4B03 Fred Grant, 4B04 Brenda Parks, 4B05 Brenda Speaks, 4B07 Judi Jones, 4B08 Barbara Rogers, and 4B09 Douglass Sloan. A quorum was present for all votes.


1) Approval of the Agenda


The agenda as presented was amended. Commissioner Carley moved that a grant to support the 4th Street Block Party, scheduled for June 13, 2015, be added to the agenda. There was no objection. The agenda as amended was adopted without objection.


2) Resolution 15-0501 – Rescheduling Appointment of Committee Chairs


Commissioner Austin moved that the Commission adopt a resolution postponing appointment of committee chairs to the June 22, 2015 public meeting. Commissioner Sloan seconded the motion. The motion was adopted unanimously, 9 yes, 0 no.


The adopted resolution:


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





RESOLVED:


That Advisory Neighborhood Commission 4B reschedules the date for appointment of committee chairs to be the public meeting on Monday, June 22, 2015 and directs that advertisement of vacancies and recruitment of applicants for committee chairs continue for the next month.


3) Resolution 15-0502 – Regarding ZC 14-13 – Office of Planning -- Text Amendments to Chapters 1, 4, 5, 6, 7, 8, 9, 12, 15, 19, 26, 27m 29, 33: Definitions, Use Permissions, and Size Restrictions for Rooftop Penthouses -- Recommending a Moratorium on Pop-ups


Following a presentation from Lynn Abrams, Stop-the-Pop, Commissioner Sloan moved that the Commission adopt a resolution making recommendations to the Zoning Commission regarding proposed rules regarding rooftop penthouses and a moratorium on their construction. Commissioner Carley seconded the motion.


Commissioner Judi Jones moved to amend the resolution to require a special exception for all residential zones and all new regulations. Commissioner Speaks seconded the motion. The motion was not adopted by roll call vote, 2 yes, 6 no.


The roll call vote:

YES NO ABSTAIN

4B05 Speaks 4B01 Carley

4B07 J. Jones 4B03 Grant

4B04 Parks

4B06 Austin

4B08 Rogers

4B09 Sloan


The main motion was adopted by roll call vote, 6 yes, 2 no.


The roll call vote:

YES NO ABSTAIN

4B01 Carley 4B05 Speaks

4B03 Grant 4B07 J. Jones

4B04 Parks

4B06 Austin

4B08 Rogers

4B09 Sloan


The adopted resolution:


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


Whereas the Office of Planning’s original proposal dated June 24, 2014 would have removed the provision in the Zoning Regulations allowing conversions of row houses and residential buildings to apartment buildings (three or more units);


Whereas the Office of Planning recognized that the Zoning Regulations and the Comprehensive Plan provides that the R-4 District shall not be an apartment district;


Whereas the Comprehensive Plan provides that the Zoning Regulations, particularly in the R-4 District, should be revised to preserve row houses as single-family units to conserve the city’s inventory of housing for larger households;


Whereas there has been an increase in the number of row houses being converted to apartment buildings in the R-4 District;


Whereas on May 1, 2015 in ZC-14-11 the Zoning Commission proposed text amendments to the Zoning Regulations for residential structures located within the R-4 District;


Whereas the proposed text amendments published on May 1, 2015 does not recognize the same mandate to protect R-4 Districts as the Office of Planning’s original proposal.


THEREFORE BE IT RESOLVED:








BE IT FURTHER RESOLVED, that ANC 4B urges the Zoning Commission to make the text amendments effective immediately upon publication of the final rule in the D.C. Register for all conversions where a permit has not yet been issued. There should be no grace period or grandfathering for permit applications filed but not approved.


BE IT FURTHER RESOLVED, that ANC 4B urges the Zoning Commission to take all appropriate action to put in place a moratorium or suspend the relevant existing Zoning Regulations until the new text amendments are effective.


BE IT FURTHER RESOLVED, that ANC 4B supports the Council’s Sense of the Council recommending to the Zoning Commission that the text amendments to ZC 14-11 be finalized and put into force as quickly as possible.


BE IT FURTHER RESOLVED that the Commission designates Commissioner Douglass Sloan to represent the Commission in all matters relating to this resolution. 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.


BE IT FURTHER RESOLVED, that 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) Resolution 15-0503 – Supporting Kids Smiles


Commissioner Parks moved that the Commission adopt a resolution supporting the establishment of a dental clinic on Georgia Avenue by the nonprofit Kids Smiles Children’s Dental Center. Commissioner Speaks seconded the motion. The motion was adopted unanimously, 8 yes, 0 no.


The adopted resolution:


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







RESOLVED:


That Advisory Neighborhood Commission 4B endorses and supports the opening of Kids Smiles Nonprofit Children’s Dental Center in our Ward 4 community. We welcome Kids Smiles to this area to provide oral health care and health education to children who would otherwise not have access to these important services.


5) Resolution 15-0504 – Supporting Brightwood Gardens Cooperative, 931 Longfellow Street N.W., Gap Funding Application to Department of Housing and Community Development.


Commissioner Parks moved that the Commission adopt a resolution supporting the application of the Brightwood Gardens Cooperative for gap funding from the Department of Housing and Community Development. Commissioner Speaks seconded the motion. The motion was adopted, 8 yes, 0 no.


The adopted resolution:


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







RESOLVED:


That Advisory Neighborhood Commission 4B endorses and supports the application of the Brightwood Gardens Cooperative to DHCD for $2.5 million in gap renovation financing, and recommends that DHCD approve their application.


6) Resolution 15-0505 – Approving a Settlement Agreement with Takoma Park Liquors, 6200 Eastern Avenue N.W., ABRA-019598


Resolution 15-0506 – Renewal of a Class A Retail Liquor License for Cork ‘n’ Bottle Wine and Spirits, 7421 Georgia Avenue N.W., ABRA-089012


Resolution 15-0507 – Renewal of a Class A Retail Liquor License for S&S Liquors, 6925 4th Street N.W., ABRA-072300


Resolution 15-0508 – Renewal of a Class A Retail Liquor License for Woodward Liquors, 6111 Blair Road N.W., ABRA-086912


Commissioner Austin moved that the Commission adopt resolutions approving a settlement agreement with Takoma Park Liquors and supporting three liquor license renewal applications. Commissioner Carley seconded the motion. The motion was adopted, 8 yes, 0 no.


The adopted resolutions:


Resolution 15-0505 – Approving a Settlement Agreement with Takoma Park Liquors, 6200 Eastern Avenue N.W., ABRA-019598


RESOLVED:


Advisory Neighborhood Commission 4B approves and agrees to become a signatory to the attached Settlement Agreement with Takoma Park Liquors, 6200 Eastern Avenue N.E., ABRA-019598.



FURTHER RESOLVED:


Commissioner Barbara Rogers, ANC 4B08, is hereby authorized to serve as the Commission’s representative in all matters relating to this license application and settlement agreement.


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.


SETTLEMENT AGREEMENT


Made this 25th day of May, 2015 by and between Manee Enterprises, Inc, trading as Takoma Park Liquors, 6200 Eastern Avenue N.E., ABRA-019598 (hereinafter “Applicant”), and Advisory Neighborhood Commission 4B (hereinafter “Commission”).


WHEREAS. Applicant filed with the District of Columbia Alcoholic Beverage Control (ABC) Board (hereinafter” the Board”) an application for renewal of a Retailers Class A Liquor Store license; and,


WHEREAS, residents of the neighborhood in which the Applicant is located presented concerns and complaints regarding the Applicant at the Commission’s regularly scheduled public meeting on April 21, 2015; and,


WHEREAS, the Commission, at its regularly scheduled public meeting on April 21, 2015, unanimously adopted a resolution protesting this application on the basis of concerns about peace, order, quiet and parking; and,


WHEREAS, the parties subsequently have negotiated in an effort to address potential issues and/or concerns with regard to the issuance of the license as discussed in the public meeting of April 21, 20115; and,


WHEREAS, the parties desire to enter into a Settlement Agreement pursuant to DC Official Code Section 25-446 (2014 ed.), commemorating their agreements;


NOW, THEREFORE, the parties agree as follows:


  1. Loitering: Applicant shall take all reasonable measures to discourage loitering on its immediate environs. Included in the measures shall be clearly visible “No Loitering” signs (lettering no less than ten (10) inches) posted on the interior, exterior and rear of its establishment. Applicant shall maintain a log of calls made to the Metropolitan Police Department; said log shall be made available to the Alcoholic Beverage Regulation Administration upon request.

  2. Maintenance of Premises: Applicant shall take all reasonable measures to ensure that the immediate environs, as defined in 23 DCMR 720.2, of Applicant’s establishment are kept free of litter and debris. Applicant shall clean its immediate environs by 10:30 AM daily, periodically during the hours of operation, and before closing.

  3. Signs, Posters and Appearance of Premises: Applicant shall not place signs/posters on more than twenty-five (25) percent of its front window and shall not stack merchandise in front of the windows that would obstruct visibility into the establishment. Windows shall be cleaned on a regular basis. Furthermore, Applicant shall maintain the property in a reasonable condition that does not detract from but instead enhances the adjacent residential community, and shall promptly remove or paint over graffiti on its immediate premises.

  4. Parking: Applicant shall use its best efforts, including posting appropriate signage on the interior and exterior of its premises, to discourage illegal parking by customers on Eastern Avenue N.E or Rittenhouse Street N.E.

  5. Incorporation: The terms of this Voluntary Agreement in its entirety shall become effective upon ratification of this agreement by the District of Columbia Alcoholic Beverage Control Board. The parties request that the text of this Agreement be incorporated in an order of the Board granting Applicant’s request for issuance of its Retailer’s license Class A.

  6. Modification of Settlement Agreement: This agreement can be modified only by mutual agreement of the parties with the approval of the ABC Board for acceptance and enforcement.


  1. Binding Effect: This Settlement Agreement shall be binding upon and enforceable against the successors and assigns of the Applicant during the term of the license to which this Settlement Agreement applies.


  1. Grounds for Petition for Show-Cause Order. Applicant acknowledges that failure to adhere to the terms and conditions recited in Paragraphs One through Four above will constitute grounds for the representative of the Commission whose signature is affixed hereunto, or his successor, to file a complaint with the ABC Board, which will be investigated by ABRA’s Enforcement Division, and may subject the Licensee to a Show Cause Proceeding, or any other penalty available to the Board under the law. Prior to filing such a complaint, however, the designated representative, or his successor, shall notify Applicant of any perceived violations and afford Applicant a minimum of fourteen (14) calendar days in which to address or rectify the perceived violation.


  1. Notice: Unless otherwise noted above, any notices required to be made under this Agreement shall be in writing and mailed via certified mail, return receipt requested, postage prepaid, or hand delivered, to the other parties to this Agreement at the following addresses. Notice shall be deemed given as of the time of receipt or refusal of receipt.


If to Applicant: Gautam Patel, 6200 Eastern Avenue NE, Washington, DC 20011


If to Commission: ANC4B, 8656 Eastern Avenue N.W. #314, Washington, DC 20012


In further consideration of, and reliance upon the forgoing commitments by the Commission, the Applicant hereby request that its Application for Renewal of Retailer’s Class A Liquor License be issued.


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


ADVISORY NEIGHBORHOOD COMMISSION 4B

THROUGH ITS DESIGNATED REPRESENTATIVES:



By: _________________________________

Ronald Austin, Commissioner, ANC 4B06

Chairperson




By: __________________________________

Barbara Rogers, Commissioner, ANC 4B08




APPLICANT



By: ____________________________________

Gautam Patel, President

Manee Enterprises, Inc. t/a Takoma Park Liquors



Resolution 15-0506 – Renewal of a Class A Retail Liquor License for Cork ‘n’ Bottle Wine and Spirits, 7421 Georgia Avenue N.W., ABRA-089012


RESOLVED:


Advisory Neighborhood Commission 4B supports the application of Cork ‘n’ Bottle Wine and Spirits, 7421 Georgia Avenue N.W., ABRA-089012 for renewal of its Class A Retail Liquor License and recommends renewal of said license.





FURTHER RESOLVED:


Commissioner Andre Carley, ANC 4B01, is hereby authorized to serve as the Commission’s representative in all matters relating to this license application and settlement agreement.


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.


Resolution 15-0507 – Renewal of a Class A Retail Liquor License for S&S Liquors, 6925 4th Street N.W., ABRA-072300


RESOLVED:


Advisory Neighborhood Commission 4B supports the application of S&S Liquors, 6925 Fourth Street N.W., ABRA-072300 for renewal of its Class A Retail Liquor License and recommends renewal of said license.


FURTHER RESOLVED:


Commissioner Frank Jones III, ANC 4B02, is hereby authorized to serve as the Commission’s representative in all matters relating to this license application and settlement agreement.


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.


Resolution 15-0508 – Renewal of a Class A Retail Liquor License for Woodward Liquors, 6111 Blair Road N.W., ABRA-086912


RESOLVED:


Advisory Neighborhood Commission 4B supports the application of 6111 Blair Road N.W., ABRA-086912 for renewal of its Class A Retail Liquor License and recommends renewal of said license.


FURTHER RESOLVED:


Commissioner Ronald Austin, ANC 4B06, is hereby authorized to serve as the Commission’s representative in all matters relating to this license application and settlement agreement.


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.


Community Concerns








: The following people addressed the Commission with concerns:


1) Ms. Faith Wheeler, ANC 4B02, noted that land across the street from Walter Reed on Georgia Avenue that sold for $2.2 million several years ago has just sold again for $7 million. The plan is to construct condos on this land. She said this illustrates the rapidly changing market in Takoma and everyone needs to be aware and pay close attention to this.


2) Ms. Sara Green, ANC 4B01, thanked the Commission for its resolutions making recommendations regarding construction of “pop-ups” on existing single-family homes in the R-4 zone. She also expressed concern about $1 million in cuts to the Walter Reed development in the new budget. She asked the Commission to ask for information about these cuts.


3) Mr. Joseph Radzievich, ANC 4B01, said that the Takoma Metro development is not a sealed deal. Mr. Radzievich also supported Resolution 15-0502, recommending a moratorium on the construction of “pop-ups.”


4) Mr. Michael Sindram, ANC 4B02, asked the Commission to express opposition to the continued funding of the streetcar project. He approved of the DC Fire Department giving preference to DC residents when hiring. He advocated that police body camera footage should be available to the public.


5) Commissioner Fred Grant, ANC 4B03, commended the Metropolitan Police Department Fourth District officers for doing an excellent job. He has received many favorable comments from constituents.


Presentations and Reports


1) Ms. Laura Barclay, Old Takoma Business Association, presented proposed changes to parking in the Takoma business district and answered questions from the Commission and the audience.

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2) Commissioner Grant, Treasurer, presented the Treasurer’ Report:


As of April 30, 2015 the Industrial Bank checking account balance was $ 2,646.03.


Balance – 3/31/15 $ 5,763.83

Income – 4/1/15-4/30/15


Interest $ 0.13

D.C. Allotment $ 963.39


Expenditures – 4/1/15-4/30/15 $ 4,081.32


Ending balance – 4/30/15 $ 2,646.03

5) Commissioner Judi Jones presented the draft minutes of the April 21, 2015 public meeting. Commissioner Carley moved that the minutes be approved. Commissioner Speaks seconded the motion. Commissioner Sloan requested that he and Commissioner Speaks be identified as voting yes for the motion to amend the resolution on Coolidge High School and also be identified as voting no on the motion to adopt the Coolidge High School resolution. The minutes as corrected were adopted unanimously, 8 yes, 0 no.


The meeting was adjourned at 9:35 PM.