This blog, “Votes of the ANC” will be posted shortly after our monthly meeting to explain the votes that took place during the meeting. The language in resolutions will still be up to final review and some changes may be made. At our December ANC meeting the following votes occurred:
Alcoholic Beverage Control Agenda
The Carlyle Hotel – Application for a substantial change to its license at 1731 New Hampshire Avenue NW (ABRA-090805) (2B03)
Commissioner Maltz moved to protest. The motion was seconded by Commissioner Upright. Passed 7-0-0.
Whereas on October 29, 2015, the Carlyle Hotel located at 1731 New Hampshire Avenue, NW, submitted a change of hours in service and entertainment endorsement application to the Alcohol Beverage Regulation Administration (ABRA);
Whereas in a request submitted to ABRA on April 13, 2015, (CR. License Application No. #090805) the Carlyle Hotel requested increased indoor seating at the restaurant and bar;
Whereas in the April 2015 request, the Carlyle Hotel stated that “no ‘passive recreation area’ on the roof has been undertaken; we have not requested approval of a roof-top summer garden endorsement; and, no expansion in hours of service is being sought”;
Whereas, the ABC Board determined that the Carlyle Hotel’s request for increased indoor seating was not a substantial change;
Whereas, due to the expanded indoor restaurant seating and expanded hotel room capacity, the neighborhood has experienced an increase in trash, noise, truck deliveries, double-parking, inefficient valet parking services, and a decrease in parking spots available to residents;
Whereas, extended indoor hours will exacerbate existing trash and noise issues and there is a legitimate neighborhood role in adjudicating this application;
Therefore; ANC2B protests the application for a substantial changes in service hours and entertainment endorsement on the basis of peace, order and quiet, subject to the successful negotiation of a settlement agreement that alleviates the concerns of neighbors.
El Tamarindo – 1785 Florida Avenue NW (ABRA-071179)
Commissioner Mann moved to permanently support El Tamarindo’s extended New Year’s Eve hours. The motion was seconded by Commissioner Smith. Passed 7-0-0.
District Department of Transportation Agenda
Request to install new Capital Bikeshare stations at the intersection of 22nd and P Streets NW and the intersection of 21st and R Streets NW (2B02)
Commissioner Warwick moved to suggest three locations for a Capital Bikeshare station proposed by the District Department of Transportation for the intersection of 22nd Street and P Street. The three locations were:
- The east side of 22nd Street from Soho Tea and Coffee to Books for America
- P Street between the Westpark entrance and the Twinning Court sign
- P Street along the Crios frontage
The motion was seconded by Commissioner Upright. Passed 8-0-0.
Historic Preservation & Zoning Agenda
Discussion regarding the St. Thomas Church BZA variance and a proposed memorandum of understanding (MOU) at 1772 Church Street NW (BZA #19133) (2B07)
Commissioner Warwick moved to support a letter to the Board of Zoning Adjustment (BZA) asking that the BZA allow the ANC to submit its resolution on the variance two days after the ANC’s filing deadline. The motion was seconded by Commissioner Nichols. Passed 8-0-0.
Dear Chairperson Heath:
The Dupont Circle Advisory Neighborhood Commission (“ANC 2B” or “Commission”) wishes to explain, for the record, why the ANC report on BZA # 19133 was received after the December 8th deadline. The ANC 2B monthly meeting is held the second Wednesday of the month, this month being December 9th. ANC 2B did not realize the ANC report deadline was one week prior to the meeting and asks the board to consider its recommendation with great weight even though it was submitted tardy.
Commissioners John Kupcinski (anc2b07@gmail.com), Daniel Warwick (daniel.warwick@dupontcircleanc.net), and Noah Smith (noah.smith@dupontcircleanc.net) are the Commission’s representatives in this matter.
ON BEHALF OF THE COMMISSION.
Sincerely,
Noah Smith
Chairman
Commissioner Warwick moved to support the variance. The motion was seconded by Commissioner Upright. Failed 2-6-0.
Whereas the Board of Zoning Adjustment application 19133 proposes a 6.7% lot occupancy variance for the church and residential development located at 1772 Church Street NW; and
Whereas the development located at 1772 Church Street NW is located within Advisory Neighborhood Commission (ANC) 2B; and
Whereas ANC 2B has considered the project multiple times during historic preservation review; and
Whereas the March 13, 2015 resolution sent by ANC 2B to the Historic Preservation Review Board during a review of the development includes, under the “Further Collaboration” section, “a committee led by ANC 2B…continues to engage in proactively addressing zoning and quality of life related matters prior to a zoning hearing”; and
Whereas since the variance application was submitted, the ANC has convened a committee consisting of six neighbors, one ANC Commissioner, the church, and the developer in biweekly meetings negotiating in good faith; and
Whereas this committee produced a Memorandum Of Understanding which addresses concerns raised across the duration of ANC review of the development; and
Whereas the committee process included a public input session in October, public comment meeting in December, and requested feedback feedback on drafts of the Memorandum of Understanding contract over email from the broader community multiple times; and
Whereas the Memorandum Of Understanding includes, among other provisions, the following items which protect neighbors above and beyond District laws:
- Consult with neighborhood organizations on retention of trees
- Conduct an existing conditions study for all neighboring properties and provide these reports to the owners.
- Indemnify Properties to $3M each and persons to $1M each within 200 feet.
- Agreement that the church and residences will be built concurrently
- Creation of a Construction Liaison Committee (CLC) which has the authority to effect change on the construction and initial operations of the building.
- Requirement of a rat management plan which will be submitted for approval to the CLC
- Hiring of a construction consultant which has authority to monitor the construction of the project
- 20 business day notice to the community as to when the construction will be the loudest.
- Limitation on the level of light emitted from the construction site and discussions regarding porta-potties and generator locations
- Use of the Cooper Code as it relates to truck traffic.
- Limitation on weekend hours of construction.
- Discouraging parking in the neighborhood during construction
- 24x7x365 contact for all construction related issues.
- No unannounced obstructions of the alley-way.
- Re-location for cars if alley-way is blocked at developer costs.
- Limitation on hours of church roof deck rental hours and residential roof deck access hours.
- Ensuring any potential club room is not attached to the residential roof deck, limiting the potential for noise.
- Restrictions on residential building rear door and alley use.
- A provision to maximize vegetation and green space on the 18th street frontage of the building.
Therefore be it RESOLVED ANC 2B supports the project as presented based on the above whereas clauses, the inclusion of the attached Memorandum Of Understanding as an exhibit of the order granting the approval of the lot occupancy variance and is signed by all parties before the Board of Zoning Adjustment hearing on December 15th.
Be it further RESOLVED a representative of ANC 2B is authorized to sign the Memorandum of Understanding contract.
Commissioner Kupcinski moved to oppose the variance. The motion was seconded by Commissioner Nichols. Passed 6-2-0.
Whereas, at 1772 Church Street, NW, St. Thomas’ Parish Episcopal Church proposes to build a church and developer CAS Riegler proposes to build a residential building as additions to the protected ruins of St. Thomas’;
Whereas, ANC 2B respects St. Thomas’ right to use the land at 1772 Church Street, NW for religious purposes without undue economic burden;
Whereas, ANC 2B values the contributions St. Thomas’ Parish has made to the community;
Whereas, 1772 Church Street, NW is located in the Dupont Circle Historic District, and as such has protections to assure that alterations of existing structures are compatible with the character of the historic district, and to assure that new construction and subdivision of lots in an historic district are compatible with the character of the historic district;
Whereas, the lot at 1772 Church Street, NW is included in the Dupont Circle Overlay District, which recognizes that “[t]he Dupont Circle area is a unique resource to the District of Columbia that must be preserved and enhanced” and that “[s]trong protections are needed to retain”, among other things, its low scale, predominately residential human scale streetscapes, and historic character given the high-density development pressures caused by its proximity to the Central Employment Area and the Dupont Circle Metrorail Station (section 1501.1);
Whereas, the purpose of the Dupont Circle Overlay District includes, among other things, “requir[ing] a scale of development consistent with the nature and character of the Dupont Circle area in height and bulk; and…ensur[ing] a general compatibility in the scale of new buildings with older, low scale buildings by restricting the maximum permitted height and floor area ratio of new buildings to that of the underlying zone;…[p]rotect[ing] the integrity of ‘contributing buildings’…; [and e]nhanc[ing] the residential character of the area by…controlling the scale, location, and density of commercial and residential development” (section 1501.4);
Whereas, the historic district and historic overlay designation supersede the underlying zoning and may result in a development being unable to maximize the height and density otherwise allowed by the underlying zoning regulations;
Whereas, the submission to the Board of Zoning Adjustment from J. River 1772 Church Street, LLC and St. Thomas’ Parish Episcopal Church requests a variance to increase lot occupancy to 86.7%, an increase of 6.7% above the maximum 80%;
Whereas, the review conducted by the Historic Preservation Review Board (HPRB) did not consider zoning restrictions and, hence, its concept approval is not relevant to the issue of increased lot occupancy;
Whereas, in its December 1st letter to the Chairperson and BZA Board, the applicant stated “Theoretically, the only location to remove building footprint is at the rear (south)…”, however, there are other options for the potential setback;
Whereas, ANC 2B respectfully disagrees with the applicant that “the only location to remove building footprint is at the rear (south) along the alley because the other facades must remain for design or historic preservation purposes”;
Whereas the developer has failed to address why additional setbacks from 18th St. are not possible;
Whereas the variance application rests on a practicality argument that is not convincing. The ANC does not believe that maintaining historic conditions in an historic district is a practical difficulty that would necessitate a lot occupancy variance and the applicant understood the underlying historic district and zoning overlays before designing the project;
Whereas historic requirements may be commonly used as evidence of a practical difficulty, from a neighborhood perspective the ANC does not believe that the decisions of the Historic Preservation Review Board necessitate a zoning variance;
Whereas, the July 23rd HPRB resolution encourages “the applicant [to] work with staff to develop a landscape design along 18th Street to maximum the extent of vegetation.” And the addition of an additional +1000 sq. ft. on 18th St. would serve the public good;
Whereas, the ANC has worked with community, developers, and Church to develop a Memorandum of Understanding (MOU) which would address quality of life issues; however was unable to reach consensus and finalize a document;
Whereas, nothing in the application for a zoning variance has persuaded ANC2B to change its prior position that both the residential and church structures in the project should comply with the requirements of DC law and policy and with the letter and the spirit of historic preservation, zoning, and zoning overlay provisions; and
Whereas, the majority of residents who have contacted ANC2B about the project have expressed opposition to the requested variance for an increased lot occupancy, expressing concerns, among other things, about the increased traffic and adverse effects on parking, airflow and light in the neighborhood that would result.
Therefore, be it RESOLVED that ANC2B opposes the application for zoning relief and urges the Board of Zoning Adjustment not to approve a variance from Section 532.1 for residential lot occupancy of 86.7%.
Be it further resolved that ANC2B request the applicant work with HPO staff to set the building back 6.7% from 18th St. and to “develop a landscape design along 18th Street to maximum the extent of vegetation” and green space as per the July 23rd HPRB actions.
Administrative Matters
Election of an ANC 2B Election Chairperson
Commissioner Smith moved to elect Commissioner Mann as the ANC’s Election Chairperson. The motion was seconded by Commissioner Upright. Elected by acclamation.
Approval of October 2015 and November 2015 regular meeting minutes
Commissioner Mann moved to adopt the October 2015 minutes. The motion was seconded by Commissioner Silverstein. Adopted by acclamation.
Commissioner Silverstein moved to adopt the November 2015 minutes. The motion was seconded by Commissioner Upright. Adopted by acclamation.
Proposal to sign up for electronic notifications with the Office of Zoning
Commissioner Smith moved to receive electronic email notifications from the Office of Zoning. The motion was seconded by Commissioner Upright. Passed 8-0-0.