Advisory Neighborhood Commission 6D

65 I St., SW

Washington, DC 20024

 

Minutes

January 9, 2006

 

Chair Andy Litsky called the meeting to order at 7:04 p.m.

 

Present: Commissioners Assalaam, Litsky, Moffatt, Siegel, Skolnik, and Williams

 

 1.     Agenda

 

Commissioner Williams moved to add the Old Southwest Historic District to the agenda.  It was seconded by Commissioner Moffatt, and passed 5-0-1.  It was added as No. XIIa.

 

 2.     Minutes of December 12 meeting

 

Commissioner Assalaam said the name of the Local Neighborhood Committee as listed should be Local Neighborhood Committee/Southwest/Southeast Waterfront Committee of the Syphax Community Center Historic Restoration Society of South Washington.  He also said that the work of the committee was described incorrectly, Motion: A motion was made by Commissioner Moffatt to delete the sentence beginning “The Preliminary Concept includes” and ending “Capacity to Fill the Task.”  The motion was seconded by Commissioner Williams and passed without objection.  Commissioner Moffatt then made a motion to accept the minutes as amended.  It was seconded by Commissioner Siegel and passed without objection.

 

 3.     Public-safety report

 

Sergeant Crouch of the 1st District presented crime statistics for Southwest, and said that there had been a 7 percent decrease in serious crime in the area, although thefts from autos and stolen autos were up.  He said the vast majority of the crime took place during the evening shift, and was concentrated around 9th Street SW, with a sprinkling by the Mall.  Most of the cars had out-of-state tags, and most of the crime was not in residential areas.  He also reported that he had spoken to the “urban outdoorsman” who is living in the doorway of 75 I Street, but the problem with the homeless in the area is basically not a police problem.

 

In answer to question from Mr. Skolnik, he reported that there has been a shift in tactics, and there is now a street crime unit with 3 sergeants and 16 officers that will be patrolling.

 

 4.     Waterfront (Waterside Mall)

 

David Smith, of Forest City Development, Gordon Fraley of the Kaempfer Company, and Jennifer Budoff of the National Capitol Revitalization Corporation (NCRC) presented the latest plans for the development at Waterfront (Waterside Mall).  Mr. Smith began with a brief history of the project, going back to the first Memorandum of Understanding with the City in 2001, the discussion of opening 4th Street SW, the expiration of EPA’s lease in 2002, the approval of a Stage 1 PUD in 2003, and the inauguration of talks with Fannie Mae in 2003.  Fannie Mae would have used 60 percent of the site, with the remainder including 400,000sq.ft. of residential and 75,000 sq. ft. of neighborhood retail.  In January 2005, Fannie Mae backed out of the project, the plan for it to purchase the underlying land from NCRC fell through, and it required starting over.

 

Beginning in March and April, the developers will be entering discussions with NCRC and the City to see how to proceed, particularly with the opening of 4th Street.  The original PUD, still in effect, Is for 2.5 million sq. ft. of office space, 400,000 sq. ft. of residential, and a minimum of 75.000 sq. ft. of retail.  The residential development is on the northeast corner of the development.

 

Jennifer Budoff of NCRC said that her agency owns the land, while Waterfront Associates owns the buildings, and the land lease is quite low, worth only $6 million over 75 years.  The parties have decided to extinguish the lease, with Waterfront Associates taking ownership of all 13 acres, in exchange for NCRC’s right to develop the northeast corner of the property.  They believe that the development will be worth $25-30 million to NCRC.  10 percent of the housing will be below market value, and there will be set-asides for local businesses.  Additionally, 35 percent of the contracts will be let to minority and disadvantaged businesses and 50 percent of all hires will be local.  There will be 30,000 sq. ft. of retail on K Street and 4th Street.  The project will take 10-12 years to fully develop.  Mr. Smith said that the residential development would kick off the project

.

Mr. Fraley said that the part of the project where the Safeway is located would not be developed until after its lease expires in 2021.  It, or another grocery there, or in the neighborhood, is included in the PUD.  He said that some of the PUD has to be modified, because the some of the use has to be modified and densities have to be shifted.  They will come back to the ANC to modify the PUD.  He said the road is an important piece, and the design has to be finalized.  They have made progress, he said with Robert Bobb, and the road work should begin at the end of Spring or the beginning of Summer.  He said a hearing on the land sway will be held in the Spring, and that the deadline for filing the 2nd Stage PUD is in November.

 

Commissioner Williams asked about parking, and was told it would all be below grade and there would be 1300 spaces, and the high ratio in the Fannie Mae project would be changed.  He said the height variances would be 112’ on the four corners, and 130’ feet for the two towers.

 

Commissioner Skolnik asked about the tenants, and was told that CVS has to be relocated because that part of the building will be demolished for the street construction.  They are negotiating with them to move next to the bank at the old Pizza Hut site.  The demolition will take a 90’ swath down the center of the Mall.  Mr. Litsky mentioned that the CVS lease expires in December 2008, and the developers must work to keep them.  He asked about keeping the Safeway on the site “forever” as promised, and was told that the PUD mandate is that the developers must maintain as market of 30,000 sq/ ft. south of I-395 and bounded by the water.  The rumored plan of building a market at the “purple castle”, Commissioner Litsky said, was not acceptable to meet that mandate.

 

In answer to a question, Mr. Fraley said they would be digging below the first parking level on the four corners of the building to achieve 1300 spaces.  Commissioner Litsky sought assurance that there were no plans to enter into an agreement for stadium parking, and he was told that there have been no conversations. 

 

Commissioner Williams said that the ANC had previously voted 6-1 against the original PUD.  There was no proposal to sell the land, and now, she said, the developers will own 80 percent of the land and NCRC will own the rest.  She was told that the lease is a binding document, and the lease will have to be condemned by eminent domain in order for land swap to take place.

 

Mr. Siegel concluded that it is taking only two years to complete the baseball stadium, and it will take 14 to complete the Waterfront project, and that’s wrong.

 

 

 5.     Proposed Alley Closing – Square 743N

 

Dennis Hughes of Holland and Knight, Sasha Rosen of Esocoff Associates, Architects, and Danny Ellis of Faison Real Estate asked for support for the closing of two alleys in Square 743N, the block between M and L Streets and 1st Street and New Jersey Ave. The Applicants want to close two alleys, each about 8’ wide in order to develop the square with a 12-story office building on the M Street side and a 14-story residential building on the L Street side.  There would be below-grade parking and an interior courtyard separating the two buildings.  They plan on widening a north-south alley on the east side of the building to about 15’-20’.  The building has two owner, one for residential and one for commercial.  The M Street side is zoned C-3-C and falls under the South Capitol Gateway Overlay, so design review is necessary by the ANZ and the Zoning Commission, even though the building is matter-of-right.  There is a 15’ setback on M Street. 

 

It was pointed out by Commissioner Litsky that closing the alley significantly increases the value of the property, and with all the construction taking place, the community should get some benefit from every project.  He was told there will retail, outdoor cafes, and a courtyard for the residents, among other things.  Mr. Esocoff pointed out that the alleys are dysfunctional now because they’re narrow, and giving them up creates a more functional space.  Mr. Litsky responded that there should be something that would redound to the community.  Mr. Rosen reiterated that the developer would be back several times during the process, but they need to start by closing the alley.  Mr. Hughes mentioned there would be significant retail, that they would facilitate first source employment policies, and abide by the strenuous zoning requirements for this square.

 

Commissioner Williams said that it was difficult to make any decisions without details about the space, and the Commission needs to spend more time looking at it.  It is, she said, a giveaway of public space.   Motion: Mr. Siegel moved that the ANC send a letter to the Surveyor and the Chair of the City Council rejecting the alley closing because all the details are not available, its relationship to all the ballpark construction, and the lack of amenities to the community.  It was seconded by Commissioner Moffatt and passed without objection.

 

There will be a DC Council Roundtable on Friday, January 27th, where the Committee of the Whole will discuss the alley closings.

 

 6.     Capitol Gateway Zoning Overlay Amendment

 

Commissioner Williams read the elements of the Amendment and said that it is about South Capitol Street, not the baseball stadium.  She said that the South Capitol Gateway was planned long before the stadium and now being modified to accommodate the stadium.  Commissioner Siegel said that the District wouldn’t tell him whether they’d give him back his property if the stadium is not built there.  Commissioner Assalaam expressed his concern about the specific provision in the Amendment that would affect the construction of driveways on P Street SW, saying that it would discourage residents from improving their property. Commissioner Litsky said he would like to know what happens if the stadium is not built at that site, and would only approve this provisionally.  Commissioner Moffatt reminded the Commission of their opposition to the stadium.  Motion: Commissioner Williams moved acceptance of the capitol Gateway Zoning Overlay Amendment, contingent on whether the stadium is built at the South Capitol Street site, with the exception of the provision relating to P Street SW.  It was seconded by Mr. Skolnik and failed 1-4-1, with Commissioner Williams in favor, and Commissioner Skolnik abstaining.

 

 7.     Town Center Land Sale

 

The history and conditions of the Town Center Land Sale by RLARC to the residents weIt will be a low-to-moderate income conversion from rental to condominium.  The buildings have been purchased from Brawler and Rainer at below market prices.  Jennifer Budoff said that the RLARC lease has a value of $400,000 over 50 years, and they are selling it for $1 million, with participation payments in further development of $3-4 million.  Commissioner Litsky pointed out the difficulty of working with NCRC and RLARC on projects.  Commissioner Assalaam asked about whether the current tenants would remain and was told that all of the remaining tenants—40 families—are planning to stay, with some purchasing and some renting their apartments.  There have been no new rentals since 2001.  Gene Solon asked about employment opportunities connected with new construction, and was told that NCRC has initiated a Pre-Apprenticeship readiness Training Program, which is not yet in Southwest yet, but will be when they build in the community.  Motion:  Commissioner Litsky moved to rescind the vote taken at the December meeting.  It was seconded by Mr. Moffatt and failed again by a vote of 3-3, with Commissioners Assalaam, Williams and Skolnik voting in opposition

 

 8.     Races

  

      Stop the Silence

 

      Dr. Pamela Pine outlined the racecourse, which has a small leg into ANC 6D.  Motion: Mr. Moffatt moved    

      to send a letter to the Office of Emergency Management supporting the Stop the Silence Race.  It was  

seconded by Mr. Siegel and passed without objection.

 

National Marathon

 

Chris Browne asked for support of the Washington Area Sports Alliance National Marathon, to take place on March 25th.  Runners will have the requirements that they have run a marathon in at least 4 hours, 30 minutes within the last five years.  The race will proceed on the south side of Maine Avenue and along M Street.  The westbound lane will be split into a two-way street to facilitate traffic.  There will be course marshals to facilitate pedestrian traffic, as well as MPD support.  Commissioner Litsky said that he would like a plan in writing, and it hasn’t yet been provided.  Mr. Brown said the number of people will be capped at 5000, but he doesn’t expect more than 2500.  Motion: Mr. Siegel moved to send a letter to the Office of Emergency Management supporting the National Marathon.  It was seconded by Commissioner Williams and passed by a vote of 5-1, with Commissioner Moffatt voting in opposition. 

 

 10. Election of Officers

 

Officers were elected for 2006.  Commissioner Litsky read the relevant portion of the by-laws.

Chair:

Commissioner Moffatt nominated Commissioner Litsky.

            Commissioner Assalaam nominated Commissioner Williams

Commissioner Litsky was elected by a vote of 4-2, with Commissioners Williams and Assalaam voting in opposition

 

Vice Chair: 

Commissioner Assalaam nominated Commissioner Williams

 Commissioner Siegel nominated Commissioner Sobelsohn

 The vote was 3-3, with Commissioners Assalaam, Williams and Skolnik voting in favor of Commissioner Williams.   Commissioner Williams withdrew, electing Commissioner Sobelsohn

 

Treasurer:

Commissioner Assalaam nominated Commissioner Skolnik, who had no opposition

 

Secretary:

Commissioner Williams nominated Commissioner Moffatt, who had no opposition.

 

 11. Old Southwest Historic District

 

Commissioner Williams said that she objected to the report of the Old Southwest Historic District because it contains photographs of her house for which she has not give permission, and into which she had no input.  Commissioner Assalaam said that he has already presented his objections, and that his name appears in the back of the document without his having any input.  He questioned why it was necessary to go to another state for students when there are students in the District who could undertake such a project.  He said he intends to take legal action.  Vanessa Ruffin said that the Commissioners should review the document and see whether it was a tool for marketing the community to developers.

 

 9.     Treasurer’s report

 

Commissioner Skolnik gave a treasurer's report for December 12, 2005-January 9. 2006.  A copy of his report is attached to these minutes.  ANC 6D has $37,686.21 in current funds.  The report includes expenses submitted for approval of staff salary ($554.10) and telephone ($80.03).  Commissioner Skolnik made/Commissioner Siegel seconded a motion to approve the December-January report and to authorize payment of the expenses. The motion passed 7-0.

 

Motion: Mr. Skolnik moved that the ANC authorize the payment of $25 to the ANC Security Fund.  It was seconded by Mr. Litsky and passed without objection.

 

 12. Audience Comment

 

Comments were made about the trash generated by H2O, and how greater publicity was needed for ANC activities.

 

 13.  Adjournment

 

Commissioner Skolnik made/Commissioner Moffatt seconded a motion to adjourn.  The motion passed 7-0.  The meeting adjourned at 10:30 p.m.