McMillan Park Redevelopment Roadshow Comes to ANC1B

Anne L. Corbett, the project director of Envision McMillan, came before Advisory Neighborhood Commission (ANC) 1B/U Street on February 7 to brief about the proposed redevelopment of the McMillan Sand Filtration Site, also known as McMillan Park. The entire area is listed as a historic place by the National Park Service.

How it might look (photo credit below)

McMillan Sand Filtration Site is located in ANC5E/Bloomingdale. It was reported at the ANC1B meeting that ANC5E had approved the proposal on the stipulation that nearby ANCs also approved it. Another abutting ANC has already approved the proposal.  ANC1B abuts McMillan on McMillan's west side.

Development of the site will be part of a public-private partnership, Corbett said.

Two flyers given out by Envision McMillan at the meeting, plus Corbett's testimony, yield the following profile of the proposed McMillan development:

• 17,000 square foot community center with 25-meter-long pool
• 12 acres total of open public green space, including an 8-acre park on the south side of the development
• 50,000 square foot grocery
• 30,000 square foot of "neighborhood-serving retail", enough for "more than 10 retailers"
• 146 rowhouses
• "at least" 425 apartments

10% of the row houses, and 20% of the apartments, are designated as affordable housing, according to one flyer. A family of three would have to have an annual income of less than $77,400 to qualify for these units. The units will rent for less than $2000/month for two-bedroom apartments, less for smaller units. These numbers come D.C.'s Department of Housing and Community Development.

One of the flyers said: "all 24 historic buildings perserved". However, there was some discussion about the necessity of demolition on the site. It is possible this referred to demolition of things other than buildings. The ANC was told all demolition on a historic site must be approved by the Mayor's Agent in the D.C. Historic Preservation Office. 

Envision McMillan's redevelopment plans won provisional approval from D.C.'s Historic Preservation Review Board in October 2013. The most vigorous opponents to the plan are a group called Friends of McMillan Park.

The ANC did not vote on the proposal. It will probably be considered by the ANC's Design Review Committee, who will issue a recommendation to the full ANC for a later vote.

"This is an ongoing process," said Commissioner Tony Norman (district 10). "They will be back before this commission."

Norman's ANC district is the district that abuts the McMillan Site. 

See the location of McMillan Park on Google Maps here.

See a video about the development made by Envision McMillan on Vimeo here.

(Photo credit: from a flyer distributed by Envision McMillan at the February 7 ANC meeting.)

ANC2F Votes to Protest Liquor License for The American in Blagden Alley

Neighborhood Advisory Commission (ANC) 2F/Logan Circle voted unanimously at its regular monthly meeting February 5 to protest the liquor license application of The American, a new restaurant by local serial restaurateur Xavier Cervera. The street address of the restaurant will be 1209 - 1213 10th Street NW, which is in the Blagden Alley-Naylor Court Historic District.

The notices were put on the roll-up door, right

The American seemed well on its way to getting a liquor license last year. As reported in the SALM blog post of September 24, 2013, ANC2F had missed a deadline to protest The American's liquor license application. This meant that the ANC had much less leverage in negotiations for a settlement agreement on such contentious issues as noise abatement and outside operating hours.

However, some neighbors complained that the liquor license application notice had been improperly displayed on the side of the building (see SALM blog post of November 14, 2013) . The notice had been placed on a roll-up door, which was open part of the day, the neighbors said. D.C. liquor licensing authorities, apparently sympathetic, required that the process start over from the beginning, including freshly-posted notices elsewhere on the site. This gave ANC2F a chance to recover and gain legal standing as a protestant.

It was announced that the ANC would try to reduce the hours that the establishment could operate, ask for additional trash compactors, clear vermin control measures, and a mechanism to remedy disagreements.

ANC2F Chair Matt Raymond (Commissioner for district 07) said the protest would be on the basis of the possible disruption of peace, order, and quiet in the neighborhood, and that any Commissioner was empowered to negotiate on the ANC's behalf.

After the meeting, a posting summarizing the February 5 ANC2F meeting appeared on the web site of the Blagden Alley Naylor Court Association. It is signed by "BANCA", but may have been written by Commissioner Greg Melcher (district 06), in whose district The American plans to operate, or by another commissioner. The post says:

Voted to protest the license for the American.  I will attempt to negotiate better terms than we had prior however I need to note that the agreement we approve at the ANC level will be generally consistent with other agreements (modeling the SA [settlement agreement] on the Glass House which has a second floor summer garden on the rear facing the rear of residential properties on the 1300 block of Vermont and Rhode Island Avenues very similar to the American).

The next meeting of the full ANC2F is scheduled for 7pm on Wednesday, March 5, at the Washington Plaza Hotel (10 Thomas Circle).

ANC2F Votes to Exit Agreement with The Park at 14th

On February 5, Advisory Neighborhood Commission (ANC) 2F/Logan Circle voted to exit a three-sided settlement agreement with the liquor licensee The Park at 14th and abutting neighbor 1400 K Street, LLC.

The vote was 6-1 in favor of exiting the agreement, with Commissioner Chris Linn (district 03) the lone vote against.

The decision reverses the ANC2F decision of November 2013 to protest a termination
of this settlement agreement. It also standardizes ANC2F policy concerning liquor licensees in the downtown office district.

In November 2013, ANC2F passed a resolution stating that all liquor license applications within the ANC's jurisdiction should be reviewed, no matter where in the ANC the liquor licensee was located. This decision was a change in a long-standing informal ANC2F policy of not requiring review for liquor licensees outside of 2F's residential districts, which often meant below M Street.

With last week's decision, the ANC2F policy to review central business district licensees remains. But ANC2F is trying to standardize its practice on settlement agreements, because requiring settlement agreements of some licensees and not their neighbors may put those with settlements agreements at a disadvantage.

"To make the policy standard, we're doing this," Commissioner John Fanning (district 04) said. Fanning is also head of ANC2F's liquor licensing affairs committee.

1400 K Street LLC was represented at the meeting by attorney John Patrick Brown of the law firm of Greenstein DeLorme & Luchs. Attorney Brown unsuccessfully attempted to convince the ANC to remain a party to "a long-standing binding legal agreement."

"He [The Park at 14 owner Mark Barnes] has offered no reason for terminating this agreement," Brown said.

"I guarantee you we will be the most impeccable place in the city," Barnes told the ANC. In response to questioning from the committee, Barnes also said absolutely no aspect of the running of his club would change if the agreement was terminated.

Barnes also repeated a characterization, made at previous meetings, of the settlement agreement as shackles.

"You've got me wearing at ankle bracelet," Barnes said at this last meeting.

At an October 2013 ANC2F meeting, Barnes had compared the settlement agreement to handcuffs and "an electric collar".

1309-1311 13th Street: Car Wash to 67-unit Luxury Condo

Advisory Neighborhood Commission (ANC) 2F/Logan Circle revisited familiar territory on February 5 when yet another plan to develop a luxury apartment building brought neighbors out to make sure their interests were protected.

The Iowa apartment building is on the left

In this case, the property in question is 1309-1313 13th Street NW. These adjacent lots are currently occupied by a just-closed car wash and a Chinese carry-out. The Holladay Corporation plans a 67-unit, six-story apartment building on the site. According to the Holloday Corporation, the construction is "matter of right" -- meaning, the developers do not have to ask for any zoning variances or special exceptions, nor do they have to submit to review by D.C.'s Historic Preservation Review Board (HPRB).

"This is why most people are here," ANC2F Chair Matt Raymond (district 07) told the standing-room-only audience at the Washington Plaza Hotel (10 Thomas Circle). Before the presentation by the Holladay Corporation, I counted 77 people. After the presentation and subsequent Q-and-A were finished, 35 people remained. Many had adjourned to the corridor just outside the meeting room to continue to pepper the presenters with questions and comments.

The Presentation

Senior Vice President Rita J. Bamberger and Vice President of Construction Stephen H. Weatherby led the presentation for the Holloday Corporation.

Bamberger said Holloday Corporation is a third-generation family-owned company. It has developed two other local residential buildings: The Matrix (1529 14th Street) and The Rutherford (1211 15th Street).

The building will have 27 parking spaces. This is within DC zoning regulations of one space for every three dwelling units for this category of property. 14 of these spaces would be underground, according to the presenters.

It will be entirely residential -- no retail on the first floor. The average size of the apartments will be 760 square feet. One bedroom apartments will be about 600 square feet. Two bedroom apartments will be between 900-1000 square feet. Of the 67 apartments, five will be "inclusionary", meaning, they will be built in order to meet D.C. rules about affordable housing. This is the minimum amount required by law, the presenters said. The rest of the units will be "market rate", i.e., more expensive.

The developers hope to break ground this summer and finish construction in 15-18 months. Construction will start at 7am and end by 5pm. There would be construction activity some Saturdays, but not on Sundays.

Q-and-A session

Many of the audience members were from the Iowa Condominium (1325 13th Street), which borders the planned new construction on the north. When construction is finished, many Iowa residents will look into their neighbors' windows over a narrow alley.

"The project will impact my semi-panoramic view," admitted one Iowa resident.

"How would you feel if you lived in The Iowa?" another asked.

The presenters explained the building would be 60 feet tall to the main roof line, topped by setback penthouses of 15 feet in height. Again, the developers are allowed this "by right", so there was not much the Iowa residents could do but complain, which they did. A few individuals presented themselves as local residents who were in favor of the proposed development, citing it as an improvement over a car wash and Chinese take-out. Public arguing between audience members resulted.

The presenters promised an email address and daytime phone numbers which residents could call in case of need. But Holloday Corporation pushed back against repeated Iowa resident demands for Weatherby's personal cell phone number or another number which would be answered by a live human 24/7.

Weatherby promised that Holloday Corporation would follow DC policy concerning rat abatement. They would place new bait boxes out weekly, he said.

Some residents were concerned their own properties would be damaged by vibrations and other side effects of construction. Weatherby promised an independently-conducted pre-construction site survey of adjoining properties, with photo documentation, to aid in possible later claims.

Another resident asked for an additional meeting or two with Iowa residents, but Holloday Corporation did not publicly commit themselves to further meetings.

See coverage of the same meeting by real estate blog Urban Turf here.

(Photo credit: Google Street View)

ANC2F Champions More Parking in ANC1B

Advisory Neighborhood Commission (ANC) 2F/Logan Circle last night endorsed a plan to study setting up more parking -- in a neighboring ANC.

ANC2F would like more parking here.

1325 S Street NW is D.C. city government property and used for parking and other purposes by the Department of Parks and Recreation. The property borders on ANC2F on its south side. But it is located in ANC 1B/U Street.

The Community Development Committee (CDC) of ANC2F thinks it would be an ideal place to put additional public parking. Last month the CDC recommended "the full ANC endorse the exploration of public parking options by the City Council for the lot". Last night, February 5, the full ANC approved the committee's report -- agreeing that plans to explore the possibility should go forward.

"It's a very very very early stage of the process," said ANC2F Commission Walt Cain (district 02). Cain is the chair of the CDC.

"There's a lot of conversations that need to happen," Cain said.

The proposal brought several people across the border from 1B into 2F to speak against the idea.

"I have an email from [D.C. City Councilmember] Jim Graham saying that he is opposed," said one man.

Another local resident said ANC2F was advocating the construction of a parking garage in ANC1B. Commissioner Cain said there were many options, and ANC2F was not advocating the immediate construction of an above-ground parking garage. Later, Cain said among the many options was a below-ground parking garage with a park over it on the ground level.

Other residents suggested property developers JBG, one of the authors of the plan, was hoping to gain ANC support in order to get its hands on a valuable property without adequate community input.

"The community doesn't have the opportunity to get on board about what's going on there," one resident said.

Sherri Kimball, constituent services director for D.C. City Councilmember Jack Evans (D-Ward Two), said ANC2F's plan was "a suggestion". She also said there was a rumor that the lot might be included in the Reeves Center land swap deal, rendering the current debate pointless.

There is a Powerpoint presentation about the plan on the ANC2F web site (available here, starting with slide 8).

(Photo credit: Google Street View)

No Entertainment License for Ghana Cafe

D.C.'s Alcoholic Beverage Control (ABC) Board has rejected a request that would have enabled the Ghana Cafe (1336 14th Street NW) to feature live entertainment, potentially until 2 am. The decision came at an ABC Board public hearing on January 15 (see .pdf here).

(Luis Gomez Photos - used by permission)

A group of neighbors, all of whom live in nearby properties on the 1400 block of Rhode Island Avenue, protested Ghana Cafe's request to amend its liquor license to allow live entertainment. The neighbors and Ghana Cafe are parties to a settlement agreement. Some of the neighbors' concerns centered around whether Ghana Cafe has previously honored the terms and conditions of the settlement agreement. The neighbors also wished the details about the proposed live entertainment to be more clearly defined, and enforcement of any amended agreement spelled out.

Attempts by a D.C. government mediator to reach an agreement prior to the meeting were unsuccessful.

At the meeting, ABC Board chair Ruthanne Miller said Ghana Cafe's request should be dismissed because an entertainment endorsement would be in violation of the settlement agreement. Tony Opare, the owner of the Ghana Cafe, said the settlement agreement should be voided because he had been unable to set up a sidewalk cafe as the originally envisioned in the settlement agreement. Miller did not accept this argument.

Then, the motion to dismiss the application was made, seconded, and approved by the ABC Board. Left unanswered were the questions regarding the appropriateness of a restaurant being allowed to modify their agreements and being allowed to host live entertainment until 2 am.

Advisory Neighborhood Commission (ANC) 2F/Logan Circle had a representative at the meeting and is another party to the settlement agreement. It was signed in 2009, at which time settlement agreements were called "voluntary agreements". A copy of the agreement is available as a .pdf document here, starting at page four.

ANC2F's efforts to mediate between the parties was the subject of the December 20, 2013, SALM blog post. ANC2F voted to protest Cafe Ghana's request for an entertainment endorsement on its liquor license in October 2013.

A settlement agreement is an agreement between a liquor-serving establishment and other interested parties. They often address topics such as hours of operation, noise levels, vermin control, parking, and outside service. See a model settlement agreement here.

Graham, Nadeau, Weaver at Ward One Candidates Forum

The three candidates for D.C. City Councilmember from Ward One -- incumbent Jim Graham, Brianne Nadeau, and Bryan Weaver -- spoke to prospective voters at a forum on Thursday evening, January 30. It was held in the Good Will Baptist Church (1862 Kalorama Road NW) and sponsored by the Kalorama Citizens Association (KCA).

Topics included education, the future of D.C. United's stadium, and liquor license moratoriums.

Graham late so Weaver speaks

Bryan Weaver at the January 30 forum

The forum sponsors were reluctant to start without Graham, who was 30
minutes late. After some attendees agitated to start without Graham, moderator Dennis James, head of the KCA, announced that Bryan Weaver would be given five minutes to speak before the scheduled main event between Graham and Nadeau.

Weaver had announced the previous evening that he was dropping out of the Democratic primary scheduled for April 1. Instead, Weaver will run as an independent in the November general election.

"D.C. is a broken system," Weaver said. "We have a warlord problem. I know what you’re thinking. Warlord -- you're thinking of Joseph Kony. You're thinking Taliban. You're thinking right-wing death squads."

Weaver then went on to compare "political brokers" in D.C. to these warlords, in that each was close-minded and change-averse, and each exploit the existing political system.

"Our system is completely broken," Weaver said.

In response to an audience question, Weaver said he would make his candidacy official in June.

"We think we're well within the guidelines," he said.

After Graham arrived, Weaver concluded: "I'd like to thank Jim Graham for giving me the time to speak."

Education, charter schools, neighborhood schools

Weaver also got a question about education. He said there needed to be more resources and better quality education.

"I don't exactly agree with [D.C. City Councilmember] David Catania's plan," he said.

Later, the two Democratic candidates fielded a question about the state of childhood education.

Nadeau noted that, in Ward One, there were more children in public charter schools than neighborhood schools.

"What I'm afraid is happening in some cases is that parents are choosing [charter] schools simply because neighborhood schools aren't good enough," Nadeau said.

Nadeau said she wanted to make it easier for parents to choose a school.

"We want them to be choosing it because it's good for their kids -- not because the other option is bad for them," she said.

In reply, Graham noted his long history of support for bilingual and charter schools in D.C.

"I think that charter schools bring us great richness," Graham said.

Graham went on to say he thought D.C. could have an active charter school movement and good neighborhood schools at the same time.

Various stadium deals

The candidates talked about the competing plans for a new home for D.C. United: a plan by City Councilmember Vincent Orange renovating RFK Stadium vs. a new stadium at Buzzard's Buzzard Point. The latter deal would involve swapping Ward One's Reeves Center (14th and U Streets) for a parcel of land at Buzzard's Point in Southwest Washington.

"The deal for Buzzard's Buzzard Point cannot proceed until we've analyzed RFK," Graham said. Graham noted he had co-sponsored a proposed law by Councilmember Orange about the RFK renovation.

Graham listens, Nadeau speaks

Nadeau was more positive about the Reeves Center/Buzzard's Buzzard Point option, but also wanted to make sure that the successor to the Reeves Center included community space, not just high-end housing.

"I'd like to see that deal move forward," she said. Then she said: "We need to see more transparency."

Adams Morgan and liquor license moratoriums

KCA head and forum moderator Dennis James got into a quarrel with Graham about certain actions Graham may or may not have taken five or more years ago in connections with attempts to renew the liquor license moratorium in Adams Morgan. James eventually yielded to audience members who shouted: "Let the candidates speak!"

"I think one of the biggest issues we're having here is really not about whether there's a moratorium of not," Nadeau said. "It's about whether or not you've got enforcement of the laws on the books. You know, it's whether or not a nightclub -- which is prohibited under the moratorium but is effectively operating under a restaurant license -- is allowed to do that."

Graham said that, when he started on the council, city alcohol inspectors refused to work at nights, but during Graham's period of oversight they began to work at night. Graham also said he found money in the city budget for extra auditors. These auditors worked to ensure liquor licensees complied with city rules so de facto nightclubs could not masquerade as restaurants for licensing purposes.

"The enforcement is so much better," Graham said.

About the effects of moratoriums in general, Graham said: "I think by and large they have been positive." Graham said that, without moratoriums, the pressure of increasing rents would drive all non-alcohol-dependent businesses out of an area. This was why, Graham said, there were no hardware stores or antique shops in the area anymore.

Punch line

At the evening's end, the candidates were given a final opportunity to speak. Graham ended his speech by saying: "In the immortal words of FDR, 'Just one more term'."

"That's a joke," he added.

Read coverage of the same forum in Washington City Paper here.