Minutes
ANC 6D
Millennium Arts Center
September 11, 2006
Present: Commissioners Assalaam, Litsky, Moffatt,
Siegel, Skolnik, Sobelsohn, Williams
The
meeting was convened at 7:00 pm
1. Agenda
The agenda was approved
without objection.
2. Community
Comment
Jaquie Brown addressed the
problems at Capitol Park, particularly the deteriorating sanitary and safety
conditions in the building which the landlord has refused to address, and for
which they have been unable to get any hearing from the city.
Gene Solon urged support for
the candidacy of Adrian Fenty for Mayor.
Burnetta Cole said that the
ANC does not respect the residents of 6D 06 by placing agenda items of concern
to that area at the end of the agenda.
Richard Westbrook showed new
photographs of the Florida Rock site.
3. July
Minutes
Motion: Commissioner Moffatt moved acceptance of the July
minutes. The motion was seconded by
Commissioner Siegel and passed 5-0-2, with Commissioners Sobelsohn and Assalaam
abstaining.
4. Old
Business
a.
Waterside Mall
David Smith of Forest City
Developers, and Shalom Baranes, architect and Jennifer Budoff of the National
Capitol Revitalization Corporation (NCRC) presented the new plans for the
amendments to the 1st stage PUD.
Mr. Smith showed a Power
Point presentation on
the new plan. He said it is will be a
2.5 million square foot project, and after looking at every combination of
office, residential and retail space, they determined to substantially increase
the amount of residential units, including both affordable and workforce housing
units, with a strong focus on neighborhood retail. They will be working on a faster development schedule, and have
broadened their planning team to include experts on housing and traffic.
Mr. Baranes said they will be
filing both a modified stage 1 PUD and a stage 2 PUD in November, but they do
not yet have drawings of what the project will look like, and will come back in
October to discuss the drawings. He
said that a single residential building has been replaced by four, and the
number of units is being increased from 400 t o 1200 housing units. Further, the two towers will remain, but
they will be refaced. The changes
will mean more open space on the sides.
The buildings will be thinner, and will include green courtyards and
roofs. He said that the height of the
buildings fronting on M Street will be increased from 112’ to 114’ to allow for
increasing the height of the retail space from 12’ to 14’. Two 79’ buildings will be replaced with a
94’ building. The grocery will remain
where it is, or if negotiations with Safeway are successful, the market will be
moved to the center of the site and increased in size to 55,000 sq. ft. They plan to activate the north side of the
site with retail, and the new 4th Street will feature traffic
calming measures.
The Safeway will remain in
its current site during construction, and the CVS and the bank will be moved to
temporary structures. They are in the
process of negotiating with the cleaner to figure out where to relocate
them. There will be below-grade parking
for retailers, as well as underground parking for residential and office
buildings.
Mr. Smith said that interior
abatement and demolition on the Mall building would begin in September, during
which t he north-south entry will be kept open. They plan to begin construction in the second quarter of 2007,
which is a much faster timeline, and will have one building done by 2008. He said that 400,000 sq.ft. of residential
is included in the first phase.
Ms. Budoff spoke about the
Land Disposition Agreement between NCRC and the developers, which will give the
developers the land for the development, in exchange for a piece of land at the
northwest corner of the project for residential development. She said there
would be a public hearing on October 18th at Westminster Church, and
it should go t o the City Council for approval in November.
Commissioner Assalaam asked
about the toxic materials, such as vinyl and asbestos tile that will be
released when the demolition takes place.
He was told there would be an abatement specialist on site, but some
sections would not be abated until phase 2 begins. Commissioner Assalaam suggested that there be an impartial party
to check on the abatement. He also
asked what the population; of the neighborhood would be when the project was
done. He was told that there was no way
to tell, but there would be 1200 housing units, with one to two bedrooms. Of those units, 130 will be affordable, and
they are looking to bring it in earlier rather than later.
Mr. Smith said he thinks that
there will be a reduction in the number of cars in the area than projected in
the original PUD, and that with DDOT adding more cars on the Green Line, there
will be less car traffic coming to the office buildings.
Ms. Williams said that there
has been a history of many years’ delay on finding a commercial tenant, and
that seems to still be true. She was
told that they are still looking, but that by starting with the residential,
they will be building while they are marketing the space. She then asked whether the 75,000 sq. ft. of
retail space included the proposed 55,000 sq. ft. for the Safeway. Mr. Smith said that it is a minimum of
75,000 sq. Ft., and hopefully it will be a lot more than that, and they are
measuring the frontage on both 4th and M Street. He said they prefer to build the Safeway in
the first phase. She asked about
parking, and was t old that there would be a total of 2,000 spaces, and most
would be underground.
Commissioner Skolnik asked
what the mix would be between affordable and workforce housing. Ms. Budoff replied that it hasn’t been
determine yet, but will include units for people in the $20,000’for a family of
four, and $90,000 for a family of four.
The NCRC building will have studios to three bedrooms. It is unclear how many units will be
condominium and how many will be rental.
The affordable housing has a 20-year expiration date. Mr. Skolnik asked about the temporary
buildings for the CVS and the bank. He
was told that the bank has temporary structures and the CVS will need a “Butler
Building”
The timetable for the phase 1
PUD will be a year to get the\rough the PUD process, and get permits and
drawings, then about two years to build the buildings. It will be a minimum of 3 ½ - 4 years, and a
maximum of seven. If they can negotiate
the deal for the expanded Safeway by November, construction could start with
the other buildings.
The Commissioners were told
that said that they will make sure that small businesses are encouraged and are
economically viable they will enforce the agreement and make sure the space
allocations are being met.
The Commission we told that
the walk through the Mall will be closed during the second quarter of 2007, and
will be closed for two or three years.
Commissioner Moffatt expressed
his concern about the setbacks on M Street and expressed his hope that they
would be substantial. He also asked
whether the courtyards would be available to the public, and suggested the
possibility of having a site available for community organizations and
meetings.
Commissioner Siegel suggested
that the developers consider devoting space to a charter school as an amenity.
Motion: Commissioner Williams moved that the ANC
hold a special meeting on October 11th to receive feedback from the
community on the Land Disposition Agreement prior to the Commission taking a
position on the deal. It was seconded
by Mr. Skolnik. It was noted that there
will be a SWNA meeting prior to October 11.
The motion passed 6-1, with Commissioner Moffatt opposed.
b.
Florida Rock
David Briggs of Holland and
Knight and architect Davis Buckley presented changes to the PUD for Florida
Rock, which will be presented to the Zoning Commission on September 25th. Modifications had to be made in the plan
they previously presented because of the baseball stadium. Changes have been made in the property line;
they have increased the amount of retail space and have twisted the buildings
slightly to increase the mass along the “allee”. They no longer will renovate Reservation 247 because that land
has been subsumed into the stadium, but instead they are developing a viewing
pier into the river, and creating a public space to the east of their
property. They will contribute $3.5
million of design, development and maintenance to the pro9ject, including
restoration of marshland. The bicycle
path will continue through their property, but the AWC says there are other
funding sources for the path beyond their property line, possibly WASA and the
Southwest Federal Center developers.
Dick Westbrook asked about
the number of residential units and was told there is 191,000 sq. ft.—60
units—and the building will be 102’ tall.
Mr. Briggs also said that they want to make sure the retail space is
supportive of the community and make it a vibrant space. There will also be community spaces such as
theaters.
A community member asked
whether they would consider working with the children at Jefferson or other
local schools, and Mr. Briggs said they are working with the Earth Conservation
Corps, which works with local students, and it will bring kids in who have the
skills and desire to work on the project.
Mr. Solon said he objected to the height of the building.
The timetable: work will begin at the east end as early as
2008, and the first two phases, they hope will be done by 2010, but they are at
the mercy of the construction of the bridge right-of-way.
Motion:
Commissioner Siegel moved that the ANC reiterate its support for the Florida
Rock project. It was seconded by Mr.
Sobelsohn and approved 7-0.
Christy Shiker of Holland and
Knight returned to the ANC to discuss the community benefits proffer made by
the developers of Square 701, located between M and N and 1st and
Half Streets, who are seeking alley closings prior to construction on that
site. They have offered a contribution
to the community of $95,000.
Commissioner Litsky pointed out that the ANC cannot accept money. Ms. Shiker said she had met with the
Economic Development Committee on August 16th, and they asked
several clarifying questions.
The Committee recommended
that the ANC accept the $95,000, with part of the money going for a
comprehensive five-year survey of the ANC area including demographics and the
impact that planned development will have; and a portion contributed to the
library for a program such as tutoring or literacy.. The vote of the committee was unanimous. Commissioner Williams noted that the
Committee should not be recommending how the money be spent, and that that is
the role of the Outreach Committee.
Motion:
Commissioner Sobelsohn moved that the ANC support the alley closing, accepting
the proffer by the developers, conditional on accepting t he recommendation of
the Development Committee. It was seconded by Commissioner Siegel. Mr. Sobelsohn said that the judgment of the
Committee should be respected, and Mr. Assalaam said that the Committee is not
being disrespected but it is acting beyond its mandate. It’s a question of legality, he said, and
whether the ANC can accept the money.
Mr. Litsky said that perhaps Holland and Knight can act as fiduciary
agent, and hold the money until there was a recommendation on how to spend
it. Southwest has no CDC so there is no
neutral place to deposit it. Ms. Shiker
responded that the money would be paid out once the alley is closed.
Commissioner Williams said
that the alley is about 750 sq. ft., and that the land is worth at least $350
per sq. ft., so that $95,000 is a miniscule amount. Beyond that, it turns public land into private land that is no
longer available to the community. Mr. Solon said that the Committee did not go
far enough, and more negotiation should take place.
Mr. Litsky said that the ANC
has to negotiate, not the committee.
However, if the ANC votes against accepting the proffer, the community
will get nothing. Commissioner Williams
said that Commissioner Litsky is setting a dangerous precedent,
Mr. Skolnik suggested tabling
the motion until there is a higher number, and Mr. Assalaam seconded the
idea. Ms. Shiker said that the closing
will be coming before the Council in early to mid-October. Mr. Sobelsohn reiterated that if his motion
is tabled the ANC will have zero input and the community will get zero benefit.
Mr. Litsky suggested that the
recommendation be tabled until the October 11th meeting, a date
certain, and schedule a vote, which will provide time for more discussion with
the developers. Motion: Commissioner
Sobelsohn moved to amend his original motion and table it until the October 11th
meeting. It was seconded by Mr. Siegel
and passed 6-1, with Commissioner Williams voting in opposition.
Commissioner Litsky announced
that the City Council will have a public hearing on the DC Comprehensive Plan
on September 26th, and wanted to make sure the ANC was still in opposition
to the Plan for the reasons outlined in the Commission’s earlier letter to the
Council. There were no objections.
Motion: Commissioner
Sobelsohn moved that the ANC support the rights of the Capitol Park tenants,
and the development of a process through which the tenants’ grievances can be
heard. He moved that the ANC call on the relevant City Council committees hold
oversight hearings to find out why no process has been developed. (Copy of resolution attached). It was seconded by Commissioner Skolnik.
Commissioner Assalaam expressed his concern that something stronger should be
done, and Commissioner Moffatt said that the resolution should specify Capitol
Park and the rights of the tenants to safe and sanitary housing should be
guaranteed. The motion passed 7-0.
5. New
Business
a.
Show Cause Order on
H2O
Commissioner Skolnik announced t hat there will be an ABRA show
cause hearing on H2O for serving underage drinkers, which has not yet been
scheduled Motion: Commissioner Skolnik moved that he be
authorized to represent the ANC at the ABRA show cause hearing. It was seconded by Mr. Moffatt and approved
without objection.
Joel Lawson of the Office of
Planning presented amendments to the South Capitol Gateway Overlay that will go
the Zoning Commission at the beginning of November. The amendment will extend the overlay to the west side of South
Capitol Street, and is intended not to change anything or take any land, but to
insure that if any land on that portion of South Capitol Street is redeveloped,
there will be a 15’ setback on the street, and the developer will have to go
before the Zoning Commission for a design review.
Commissioner Williams asked
about whether it means that there will be residential building in a commercial
zone. MR. Lawson responded that it is a
C-3-C z one and that won’t changed
Commissioner Assalaam asked
about whether language on the ballpark could be changed, and MR. Lawson said
that language has already been approved.
He then asked about the designation of the whole block between N and O,
where it is the only full block designated.
Mr. Lawson said he had followed the existing zoning plan, and the zoning
allows for high density housing, but the line doesn’t have to be there, and if
it should be somewhere else, recommend it.
It makes no difference.
Commissioner Assalaam said that he is concerned that it’s only that
block, and a change like that would require discussion with the community. Motion:
Commissioner Assalaam moved that the discussion of the amendment be tabled
until the October 16th meeting.
It was seconded by Commissioner Williams. It was approved 7-0.
Commissioner Assalaam reiterated that these decisions are not o the
Office of Planning, but to the people who live in t he District.
New Regulations on
Residential Recreational Space
ANC 2C had expressed a
preference e to eliminate the requirement of devoting a certain percentage of
square footage to residential recreational space, and the Office of Planning
thought it was way to tie it to
affordable housing. In those areas that
are designated for Inclusionary Zoning, the requirement for residential
recreational space would go away, and in areas not tapped for inclusionary
zoning there would be a certain amount of square footage set aside for
affordable housing.. He said there
wasn’t a lot of traction for the proposal, but it’ll go before the Zoning
Commission in early November. Commissioner Assalaam said it discriminates
against low income people.
Support was requested for
support for three races which partially pass through ANC 6D. They are: the Thomas Lebreque Foundation for
Lung Research 5K on September 17, the Annual Whitman-Walker AIDS Walk on
October 6; and the Fannie Mae Walk for the Homeless on November 10. Motion:
Commissioner Skolnik moved that the ANC approve each of the races. It was seconded by Mr.
Siegel and passed without objection.
5. Attendance
and ANC Meetings
Commissioner Assalaam raised
the issue of the Chairman’s absences from meetings, and said that he was in
violation of the ANC law. Commissioner
Litsky responded that he is not in violation of the law, that he had been
absent three times since assuming the chair, and that two of the absences were during a period when his
sister-in-law was terminally ill.
Commissioner Assalaam also
raised an issue that Commissioner Litsky had spoken privately with a developer.
Mr. Litsky responded that he had never met privately with any developer. Mr. Assalaam said that he can’t represent the
Commission by himself.
6. Committee
Reports
Commissioner Skolnik read a
report from the Community Outreach Committee, in which the committee requested
that the ANC approve an increase in grants to $1000; provide a free safe place
to have committee meetings or contribute $50 a month for the current location;
and add copy encouraging the submission of grant proposals on the ANC agenda
and the ANC’s Hill Rag article..
Motion:
Commissioner Skolnik moved that the ANC approve increasing the amount of grants
to “up to $1000.” It was seconded by
Commissioner Sobelsohn. Commissioner
Moffatt said that he would be more comfortable if it was raised to $750,
perhaps with a maximum of $5000. The
motion passed 5-1-1, with Commissioner Moffatt opposed, and Commissioner Siegel
abstaining.
7. Treasurer’s
Report
Commissioner Skolnik
presented the Treasurer’s Report. for July 10, 2006 – September 11, 2006. The checking account had an opening balance
of $41,176.05, and the savings account had a balance of $5,109.97. There was an interest payment of $5.21. Expenses were paid to Roberta Weiner for
administrative services, $692.63 (Check #273); to Verizon for telephone, $90.79
(Check #273); to DOES for state withholding (Check #274, $23.40 (Check #275);
to DC Access for annual Internet services, $336 (Check #276); to Roberta Weiner
for petty cash, $100 (Check #277); and to Verizon for telephone, $99.07 (Check
#279). Motion: Mr. Skolnik moved acceptance of the Treasurer’s
Report. It was seconded by Commissioner
Sobelsohn and passed without objection.
8. Audience
Comment
Gene Solon, who had been out
of the country, commented on the situation with the parking garages at the
baseball stadium.
It
was suggested that a letter be written to the First District, requesting the
presence of an officer at the Acne’s monthly meeting.
The
meeting was adjourned at 10:38 pm