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NEWS: May “Resolution Letters by Month”

The following letters that were transmitted to D.C. government agencies as the result of ANC actions at the Commission’s May meeting have been uploaded and posted for public viewing:.

May 2015

1337 Connecticut Ave (HPRB)

1772 Church St (HPRB)

Alley Closing in Square 197 (General)

Beacon Hotel (ABRA)

DPR Permits for Friends of Stead Park (General)

Stetson’s, 1610 U St NW (ABRA)

Summer Garden Endorsement for Beacon Hotel (ABRA)

West Dupont Liquor Liscense Moratorium Zone (General)

NEWS: ANC 2B May Meeting “Votes of the ANC” blog posted

This new blog, “Votes of the ANC” will be posted on the day after our monthly meeting to explain the votes that took place the night before. The language in resolutions will still be up to final review and some changes may be made.  Last night at our ANC meeting the following votes occurred:

 

Minutes

Approval of April 2015 Meeting Minutes
Commissioner Smith moved to approve, seconded by Commissioner Maltz. Passed 6-0.

 

General

Resolution Supporting Funding for SWWFS
Commissioner Silverstein moved to support, seconded by Commissioner Maltz. Passed 7-0. The resolution reads as follows:

WHEREAS, The School Without Walls at Francis-Stevens (SWWFS) is a DC Public School at 2425 N St NW, in the West End/Foggy Bottom neighborhood within ANC 2B, and

WHEREAS, SWWFS has seen its enrollment double in the last two years to 416, and

WHEREAS, SWWFS school building will reach its capacity of 500 at the start of the 2015/16 school year beginning in September 2015, with students representing all eight wards and it even has a waiting list of more than 500 additional applicants, and

WHEREAS, SWWFS has not received a Phase 1 nor is this summer’s more than a very small stabilization effort, which is some of the first renovations monies the school building has seen since the 1920’s. Furthermore, in 2008 when Stevens Elementary was merged into the Francis building, it received a “schools blitz” of very limited scope to update early childhood classrooms rooms with such things as age-appropriate toilet facilities, but little more than that, and

WHEREAS, DC’s Department of General Services says the school that has received essentially no substantial work similar to Browne, Eliot, and Jefferson, among other DCPS facilities, and

WHEREAS, SWWFS was allocated $2.5 million in capital improvement funds in FY 2015, to plan a full modernization and all to take care of modernize some short-term priorities such as its cafeteria and auditorium, and

WHEREAS, SWWFS is not able to complete a third priority – the updating of its gymnasium – until more funds are allocated, and

WHEREAS, DC’s Department of General Services says it needs support to expedite cafeteria and auditorium work to be contracted and completed by the beginning of school and November (respectively), and

WHEREAS, DC Public Schools has fully signed off on the cafeteria and auditorium projects, and

WHEREASM SWWFS is schedule to receive an additional $20.178 million in funding in FY2019 that was previously schedule to be released between FY2015 and FY2019, and

THEREFORE, be it resolved that ANC2B asks DGS and Ward 2 Councilmember Jack Evans to continue making all due efforts to help bring the FY15 projects to contract, beginning of work and completion and,

Be it resolved that ANC2B asks Council Member David Grosso (chair of DC Council Education Committee), DC Council Education Committee, and Ms. Jennifer Niles (Deputy Mayor for Education) to schedule funds of approx. $3-4 million to accomplish updates to the gymnasium in FY 2016, and

Be it resolved that ANC2B asks Council Member David Grosso (chair of DC Council Education Committee), DC Council Education Committee, and Ms. Jennifer Niles (Deputy Mayor for Education) to restore full modernization funding to SWWFS for FY 2017 or 2018.

 

Application for Alley Closing and Alley Dedication, (N/S Alley between 15th and 16th Streets, NW) by 1100 15th St, LLC
Commissioner Silverstein moved to support, seconded by Commissioner Maltz. Passed 7-0. The resolution reads as follows:

Whereas Carr Properties is developing the northwest corner of 15th and L Streets by replacing three existing buildings including the Washington Post Building with a large office building with street level retail space,

Whereas all other aspects of this project are a matter of right,

Whereas the Developer is going to improve flow in the alley by donating an easement of land to widen the north-south alley that runs north from L Street, NW, between 15th St and 16th Street,

Whereas the request for an alley closing affects a small stubb alley currently used only by the Washington Post,

Whereas the new project obviates the need for this alley because it provides alternative parking and delivery arrangements,

Whereas other businesses abutting the alley support this request,

Therefore, ANC2B gives its support to closing the alley in Square 197 as requested by Carr Properties.

 

 

Alcoholic Beverage Control Agenda

*Note: Commissioner Silverstein chooses to recuse himself from ABRA related matters because he sits on the city ABC board.

Renewal Applications

1926 I St NW – Pan Mar Liquors – Class A Retail, Liquor Store (#060242) (2B06) – No Action
1325 Connecticut Ave NW – Crown Liquors – Class A Retail, Liquor Store (#088121) (2B06) – No Action
1015 18th St NW – S & R Liquors – Class A Retail, Liquor Store (#060716) (2B06) – No Action
1133 20th St NW – The Wine Specialist – Class A Retail, Liquor Store (#087537) (2B06) – No Action
2018 Florida Ave NW – Universal Liquors – Class A Retail, Liquor Store (#072213) (2B01) – No Action
1821 M St Nw – Bell Wine & Liquor – Class A Retail, Liquor Store (#095984) (2B06) – No Action
Off Premises Storage Unit Permit, Federal Spirits, 1629 K St. NW, Suite #300 (ABRA – 089730) (2B05) – No Action

Vote on Recommendations for the Future of the West Dupont (P Street) Liquor License Moratorium (2B02)
Commissioner Warwick moved to support, seconded by Commissioner Smith. Passed 4-2-1. The resolution reads as follows:

Whereas Advisory Neighborhood Commission 2B (ANC 2B) appointed a Working Group on the West Dupont Liquor License Moratorium Zone at the January 12th meeting of the Commission; and

Whereas the Working Group held three public meetings regarding the future of the moratorium, conducted an online questionnaire, and reached out to neighbors over three months; and

Whereas the Working Group recommended the ANC should not extend the moratorium due to the desire to spur economic development, the potential for perverse economic incentives, and to encourage good business; and

Whereas ANC 2B recognizes the divisive nature of conversation regarding liquor licenses and the published intent to remove the moratorium led to more public involvement than was received during the working group process; and

Whereas ANC 2B believes the negative impacts of liquor selling establishments are contingent on operating practices and proximity to residential units rather than the Alcohol Beverage Regulatory Administration (ABRA) license classification system; and

Whereas ANC 2B acknowledges the long history of West Dupont as a mixed use neighborhood with apartments, condominiums, and late night businesses located next to each other; and

Whereas ANC 2B recognizes the amenities and availability of late night food service and entertainment options are what drives many neighbors to choose living in Dupont Circle; and

Whereas ANC 2B acknowledges late night amenities are often paired with late night problems—including the disruption of resident sleep due to disregard for peace, order, and quiet—ANC 2B believes these problems are based on the operating behavior of business owners, attentiveness of Metropolitan Police Department patrols, and effectiveness of ABRA and Department of Consumer and Regulatory Affairs (DCRA) enforcement of noise ordinances; and

Whereas ANC 2B finds the negative impacts of some late night liquor selling establishments are managed ineffectually through the current MPD, ABRA, and DCRA enforcement mechanisms, and

Whereas the West Dupont Moratorium provides a limit on quantity of liquor licenses, it does not offer protection against the negative operating practices of businesses disturbing residential peace including through amplified noise and base music which pierces through residential windows; and

Whereas within the moratorium zone there is a statutory limit of two Class A licenses, three Class B licenses, three CX (multipurpose, such as The Phillips Collection or Cosmos Club) licenses, six CT (tavern) licenses, and zero CN (nightclub) licenses; and

Whereas among the statutory limit of liquor licenses, all are currently in operation except for one Class B license and two CT licenses; and

Whereas ANC 2B licenses for off-premises consumption of alcohol—Class An and Class B licenses—are not drivers of peace, order, and quiet violations; and

Whereas multipurpose licenses are only available for venues serving alcohol at special events such as the Phillips Collection, O Street Mansion, and Cosmos Club; and

Whereas the differences between a restaurant, tavern, and nightclub license are based on a scale of food service and entertainment where restaurants are required to serve food up to two hours before closing and have revenue of $2,000 or more in food service per occuipant based on certificate of occupancy or receive at least 50% of their revenue from food service while taverns and nightclubs have no food service requirement; and

Whereas restaurants and taverns may request endorsements for entertainment and dance floors above 140 square feet, nightclubs are granted an entertainment endorsement and a dance floor of unlimited size based on the virtue of their license, and may offer entertainment by nude performers; and

Whereas lifting the moratorium in its entirety would allow nightclubs to enter West Dupont while West Dupont has not had a nightclub for at least twenty years; and

Whereas the addition of a nightclub to West Dupont would be disruptive to the peace, order, and quiet of our and any mixed use neighborhood based on the guaranteed entertainment endorsements and lack of food service inherent in the license class.

Therefore be it RESOLVED while ANC 2B can endorse the Working Group’s report to not request and extension on Class A, B, X, and T (liquor store, beer and wine store, multipurpose license such as the Phillips Collection or Cosmos Club, and tavern) licenses—in addition to the current lack of limitation on restaurant licenses—ANC 2B cannot support the recommendation to lift a moratorium on nightclub licenses.

Be it further RESOLVED ANC 2B 
petition 
the 
Alcohol Beverage Control Board (ABC) 
for 
a 
renewal of 
a 
modified
 West 
Dupont
 Circle
 Moratorium 
for 
a 
three‐year 
period
 from 
the
 date 
of 
Board
 action, with a modification so the moratorium is solely a continuation of the limitation on CN (nightclub) establishments; in this petition; ANC 2B will request the ABC Board lift the restriction on quantity of Class A, B, X, and T licenses similar to the lifting of Class R (restaurant) licenses in 2011.

Be it further RESOLVED that ANC 2B work with ABRA, the ABRA noise task-force, the Metropolitan Police Department, the Department of Consumer and Regulatory Affairs, and the Zoning Commission, neighbors, businesses, and other stakeholders to codify a city-wide restriction on nightclubs next to residential buildings and residential buildings next to nightclubs so that three years from now, the blunt instrument of a moratorium zone will no longer be needed to protect residents in West Dupont.

New application for 1528 Connecticut Ave NW – Beefsteak – Class C Restaurant (#098308) Hours of operation, sales and sidewalk cafe 10am to 11pm all days. (2B02) – Take No Action

New application for a substantial change addition of two summer gardens, 2015 Massachusetts Ave NW – Embassy Row Hotel – Class C Hotel (#093645) Hours of operation of summer gardens, 11AM-11PM all days on rooftop, 11AM-11PM Sunday-Thursday, 11AM-12AM Friday-Saturday on lobby patio (2B02) – Take No Action

Application for a Summer Garden Endorsement by Beacon Hotel, 1615 Rhode Island Ave, NW (ABRA-077109). (2B05)
Commissioner Nichols moved to support, seconded by Commissioner Underhill. Passed 5-1-0. Amendment Failed. The resolution reads as follows:

Application for a stipulated license Summer Garden Endorsement by Beacon Hotel, protest on the basis of peace order and quiet. 1615 Rhode Island Ave, NW (ABRA-077109). (2B05)
Commissioner Nichols moved to support, seconded by Commissioner Smith. Passed 5-1-0. The resolution reads as follows:

Application for a substantial change of hours for live entertainment at Stetson’s, 1610 U St NW. Current hours of live entertainment: Wednesday from 8pm to midnight. Proposed hours of live entertainment: All days from 6:30pm to 1am. (#060455) (2B08)
Commissioner Mann moved to support the protest, seconded by Commissioner Smith. Passed 6-0. The resolution reads as follows:

 

Historic Preservation & Zoning Applications

 

HPRB Application for Liquor store front restoration at Connecticut and Q St NW (2B03)
Commissioner Maltz moved to support, seconded by Commissioner Warwick. Passed 4-0-3. The resolution reads as follows:

1337 Connecticut Ave (#18906) (BZA) (2B07)
Commissioner Underhill moved to support, seconded by Commissioner Nichols. Passed 7-0. The resolution reads as follows:

Rehearing: 1772 Church St NW (HPRB) (2B07)
Commissioner Underhill moved to support, seconded by Commissioner Warwick. Amendment by Maltz, Warwick. Passed 4-3. Amendment by Maltz, Smith. Passed 5-2. Passed 7-0. The resolution reads as follows:

NEWS: ANC 2B Special Quarter Meeting “Votes of the ANC” blog posted

This new blog, “Votes of the ANC” will be posted on the day after our monthly meeting to explain the votes that took place the night before. The language in resolutions will still be up to final review and some changes may be made.  Last night at our special quarter ANC meeting the following votes occurred:

 

General

Consideration of the West Dupont Liquor License Moratorium (2B02) – Vote tabled till May

 

Consideration of the Proposed PEPCO/Exelon Merger (Public Services Commission Case FC1119)
Commissioner Smith moved to support the resolution with amendments, seconded by Commissioner Mann. Passed 5-2-1. The resolution reads as follows:

WHEREAS, the Public Service Commission (PSC) of Washington, DC, will be making a decision this year on the proposed acquisition of Pepco Holdings Inc. (Pepco) by Exelon Corporation (Exelon), Formal Case #1119;

WHEREAS, reliable, economical electric service is essential to the quality of life for the citizens of ANC2B and the city as a whole; and the District government has adopted standards of reliability for electricity service as well as a timetable for achieving them;

WHEREAS, there have been several long-lasting outages in ANC2B recently and emergency procedures and timelines for rehabilitation were not well communicated to customers;

WHEREAS, ANC2B believes that in light of the above-mentioned concerns, the acquisition of Pepco by Exelon may have major adverse effects on not only the cost of electricity but also the security, environmental sustainability, and quality of life for the residents of Dupont Circle and for the District as a whole.

Therefore, BE IT RESOLVED that ANC2B does not believe that an acquisition will provide sustainable enhanced reliability or financial benefits to the people of Dupont Circle and advises the Public Service Commission to reject the proposed acquisition as not in the public interest.

 

A resolution supporting a second entrance at the Foggy Bottom Metro station (ANC 2A) Commissioner Mann moved to support the resolution, seconded by Commissioner Smith. Passed 8-0. The resolution reads as follows:

WHEREAS, the Washington Metropolitan Area Transit Authority released a Foggy Bottom-GWU Metro Station Second Entrance Demand Analysis Final Report in 2007 establishing that the station carried the 8th highest number of daily riders in the Metrorail System in 2006, and that the station ridership is expected to increase approximately 15% by 2030.

WHEREAS, the corner of 22nd and I where the current station entrance exists at present day is a busy intersection at street level, receiving heavy foot traffic from George Washington University Hospital, George Washington University students & faculty, Whole Foods, and The Residences at the Avenue, along with frequent vehicular traffic and bicycle traffic resulting from the nearby Capitol Bikeshare station.

WHEREAS, frequent escalator and elevator outages often limit the ability for people with disabilities to access the station.

WHEREAS, on January 21st, ANC 2A voted unanimously to prioritize funding for a second entrance to the Foggy Bottom-GWU Metro Station in the Washington Metropolitan Area Transit Authority (“WMATA”) five-year capital plan.

WHEREAS residents of ANC 2B frequently use the station as a primary access point to the Blue, Orange, and Silver lines.

THEREFORE, BE IT RESOLVED, that ANC 2B supports the construction of a second entrance to the Foggy Bottom-GWU Metro Station at 22nd and I Street NW and the continued study of the location and funding of the project, in order to relieve the burden of congestion and increase efficiency, better accommodate elderly and disabled passengers in the case of an elevator or escalator breakdown at the existing station entrance, and further expand public transportation options in the Foggy Bottom/West End neighborhood.

 

Historic Preservation

 

Historic Landscape of Massachusetts Avenue and trees at corner of Massachusetts and 20th St NW – No Vote

 

Review of proposed zoning regulations on penthouses (ZC #14-13)
Commissioner Warwick moved to support the resolution, seconded by Commissioner Feldstein. Passed 7-0-1. The resolution reads as follows:

Whereas ANC 2B was invited to comment on Zoning Commission Case 14-13 regarding changing regulations for penthouses; and

Whereas ANC 2B discussed the proposed regulations at an April special meeting and meeting of the zoning, preservation, and development committee; and

Whereas ANC 2B agendas often feature items where penthouses or other additions are added to the top of existing buildings; and

Whereas the Zoning Commission has proposed two alternatives in many categories of penthouse regulations.

Therefore Be it RESOLVED ANC 2B supports Alternative 1 for one-family dwellings and flats (limiting penthouse heights to 10’/1 story compared with the current 18’-6″ maximum); and

ANC 2B supports Alternative 2 for zones allowing buildings of 50’ or less in height (permit 10’/1 story by right, 20’/2 stories by special exception); and

ANC 2B supports alternative 1 for zones allowing buildings of 60’ or more in height (permit 20’/2 stories without specifying use of the space); and

ANC 2B supports multiple penthouses on a building dependent on building requirements rather than requiring a single penthouse, not requiring a currently required connection to connect all parts of a penthouse; and

ANC 2B supports flexibility in the definition of vertical walls to allow for some sloping of walls as determined by building penthouse requirements; and

ANC 2B supports alternative 2 for penthouse walls, deleting the requirements that penthouses not alter in height variation, with the intent that varying heights will add character to building penthouses and allow less visibly intrusive penthouses if some additional vertical space is not required.

 

 

Discussion of ANC 2B awarding grants (8:45pm) (20 mins) Tabled until May

 

Motion to approval of FY15 Q2 quarterly financial report barring technical amendments
Commissioner Maltz moved to support the resolution, seconded by Commissioner Feldstein. Passed 8-0.

 

Adjourn (9:15pm)