Category: News / Blog

ANC 2B passes 1772 Church St. Resolution May 2015

On Wednesday May 13, 2015, ANC 2B passed the below Resolution by a vote of 7-0 regarding the development project at 1772 Church Street, NW (the “Project”). Two amendments to the Resolution, presented by Commissioner Maltz, were passed by the ANC. The amendments were based on language that CAS Riegler, the Project developer, submitted to select commissioners* prior to or during the meeting.  A copy of this language (the “CAS Riegler Amendment Language”) is available HERE.

The Commission will forward a letter containing this below resolution to the Historic Preservation Review Board. HPRB will review the project on June 4th (the May 2015 overflow date).

* The author of this post, ANC 2B07 Commissioner Justine Underhill, was notified of the existence and content of the CAS Riegler Amendment Language only after the termination of the May 13, 2015 meeting.

 

1772 Church St HPRB May 2015

WHEREAS the development at 1772 Church Street NW has been reviewed by Advisory Neighborhood Commission 2B (ANC 2B) and the Historic Preservation Review Board multiple times; and

WHEREAS during the last project iteration, the Historic Preservation Review Board requested the applicant address ANC 2B’s resolution passed without opposition at the March 11, 2015 ANC 2B meeting, which is attached for your convenience; and

WHEREAS the ANC 2B resolution specified several conditions to ensure compatibility of the project with the historic neighborhood; and

WHEREAS while most stipulations were met, ANC 2B believes the following two stipulations were not met:

“The residential building seen from adjacent at-grade vantage points including the entirety of Church Street, P Street, 18th Street, and the public alley between Church and P Streets be between 40 and 59 feet tall, including mechanicals, and maintain existing setbacks.”

“Alterations are made to the exterior design so that the corrugation of the Church Street buildings’ facades and the rhythm of the Church Street buildings’ roof lines are in scale with the surrounding buildings.”; and

WHEREAS ANC 2B believes the residential component of the project as presented does not satisfy the height stipulation from many at grade vantage points on Church Street, 18th St, and in the public alley— including from the corner of 18th and P, Church Street from 17th Street to four rowhouses from the parish hall, and from the 17th Street vantage point in the alley.

THEREFORE, be it RESOLVED ANC 2B finds the proposal not in compliance with the March 2015 ANC 2B resolution; ANC 2B recommends the Historic Preservation Review Board require changes to the project massing and design that meet the conditions of the March resolution in their entirety.

Be it further RESOLVED that to fit the rhythm of the surrounding context, ANC 2B believes the bays on the residential component, which abut the property line, should be set back such that they are in line the Church Street buildings’ facades.

ANC 2B Resolution on future of West Dupont Moratorium Zone

The following resolution was passed at the May 13th meeting of Advisory Neighborhood Commission 2B 4-2-1.

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 believes 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 occupant based on Alcohol Beverage Control (ABC) board certified 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 ABC Board 
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 the same geographic region as the current moratorium zone; 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.

Be it further RESOLVED the ANC’s South of the Circle Working Group be expanded to include the area encompassed by the West Dupont Moratorium Zone.

Draft resolution for 1772 Church St

On Wednesday, May 13 at approximately 8:55pm at the Brookings Institution, ANC2B will review modified plans for 1772 Church St. and will vote on recommendations to the Historic Preservation Review Board. You can view the latest plans HERE and see our meeting agenda HERE.

On March 11, 2015 ANC 2B passed a resolution by a vote of 7-0-2. You can view the resolution HERE. The below resolution is based on the compromise the ANC brokered in March.

We remain very open to feedback on the specific language. Please send comments to Commissioner Justine Underhill (2b07@anc.dc.gov) or to all of the commissioners (commissioners@dupontcircleanc.net).

—————————

DRAFT RESOLUTION

WHEREAS the development at 1772 Church Street NW has been heard by Advisory Neighborhood Commission 2B (ANC 2B) and the Historic Preservation Review Board multiple times; and

WHEREAS during the last project iteration, the Historic Preservation Review Board requested the applicant address ANC 2B’s resolution passed unanimously at the March 11th ANC meeting, which is attached for your convenience; and

WHEREAS the ANC resolution specified several stipulations for compatibility of the project; and

WHEREAS while some stipulations were met, ANC 2B believes the following two stipulations were not:

“The residential building seen from adjacent at-grade vantage points including the entirety of Church Street, P Street, 18th Street, and the public alley between Church and P Streets be between 40 and 59 feet tall, including mechanicals, and maintain existing setbacks.”

“Alterations are made to the exterior design so that the corrugation of the Church Street buildings’ facades and the rhythm of the Church Street buildings’ roof lines are in scale with the surrounding buildings.”

WHEREAS ANC 2B believes the residential component of the project as presented does not satisfy the height stipulation from many at grade vantage points on Church Street, 18th St, and in the public alley— including from the corner of 18th and P, Church Street from 17th Street to four rowhouses from the parish hall, and from the 17th Street vantage point in the alley.

THEREFORE, be it RESOLVED ANC 2B opposes this proposal; ANC 2B recommends the Historic Preservation Review Board to not find the proposal compatible with the Dupont Circle Historic District until the conditions of the March resolution are met in entirety.

Be it further RESOLVED that to fit the rhythm of the surrounding context, ANC 2B believes the bays on the residential component, which abut the property line, should be set back such that they are in line with Church Street buildings’ facades.

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)