ANC3D MINUTES – FEBRUARY 1, 2006 MEETING
On February l, 2006 at 7:05 PM, the regularly scheduled monthly meeting of ANC3D was called to order by Chair Jill Stern. Commissioners present: Mullane, Stern, Gates, Haas, Heuer, Thompson and Shapley. There were about 60 people in the audience.
1. Community Concerns
1.1 Kent Slowinski spoke about the Potomac Watershed – There will be a park-cleanup on March 16. Last year students from local schools helped and picked up 50 bags of trash. This is sponsored by the Alice Ferguson Foundation. Their aim is to have a trash free Potomac by 2013.
2. Police Report – PSA 205
2.1 Officer Tony McElwee presented the monthly police report. Area crime is down. A total of 19 crimes occurred in PSA 205 during January, including 3 simple assaults which were all closed with arrests. This represents a 21% decrease over the same period last year.
2.2 There was one burglary at 5100 Palisades Lane in which the burglar entered through an unlocked door during the night. Officer McElwee reminded everyone to make sure all doors and windows in your house are locked as well as keeping packages, cell phones or any other valuables out of site in your car.
2.3 Officer McElwee informed the commission that particular attention will be paid to drivers who fail to stop for pedestrians in the crosswalk near the Safeway on MacArthur Boulevard in the next few weeks—along with jaywalkers. There were 70 traffic stops (lidar) in the PSA area during January.
3. Commission Updates:
3.1 Commissioner Gates proposed a “Resolution of ANC 3D Regarding the Proposed District of Columbia Revised Comprehensive Plan”. This resolution urges retention of limits on density of development and traffic congestion contained in the Ward 3 element of the Comprehensive Plan. The existing ward plans should not be replaced, and language that calls for low-density neighborhoods should not be abandoned, in favor of so-called Small Area Plans such as that recently proposed by the city for the Upper Wisconsin area. Commissioner Gates informed the commission that the latest plan for the Upper Wisconsin corridor is simply a rewrap of what was previously presented. Commissioner Shapley spoke in opposition to the resolution and noted the need for more density around Metro areas.
3.2 Commissioner Gates moved to approve the resolution (attached) and Commissioner Thompson seconded. The vote was 5-2-0 (Commissioners Heuer and Shapley opposing).
3.3 Commissioner Thompson proposed a “Resolution Requesting Appearance by DCRA before ANC 3D to Resolve Zoning/Building Questions Concerning 4847 Rockwood Parkway NW.” The resolution is addressed to DCRA director Patrick Canavan and Zoning Administrator Bill Crews. The ANC’s zoning committee raised a handful of questions in August of 2005 about whether construction at 4847 Rockwood Parkway was properly permitted, and has sought unsuccessfully since then to have DCRA address them. Recently the owners of the property requested Public Space permits for multiple retaining walls, which the Commission opposed and the Public Space Committee approved.
3.4 Commissioner Thompson moved to adopt this resolution (attached) and was seconded by Commissioner Heuer. The vote was 7-0-0.
3.5 Commissioner Gates proposed a letter be sent to the State Historic Preservation Officer asking for postponement of a February hearing to consider landmark designation for the Jesse Baltimore House at 5136 Sherier Place, N.W. The Department of Parks and Recreation has recommended razing of the house. The Federally mandated Section 106 process – required to determine if adverse impact to the Federal property can be avoided – has not been properly concluded and therefore the HPRB hearing is premature.
3.6 Commissioner Gates moved to approve a draft letter (attached) and Commissioner Thompson seconded. Commissioner Shapley asked that a sentence be included stating that the Commission is owed a timeline for completion of the Section 106 process. The letter was approved by a vote of 7-0-0.
3.7 Commissioner Gates provided an update on a Public Space Committee application for a retaining wall at 4815 Dexter Street, NW, that the Commission heard and voted to oppose at its December meeting. The applicant, Cynthia Wilcox, failed to appear at the Public Space hearing in January. Neighbors said the family has moved out of the house. If this is the case, a possible solution is for the Public Space Committee to invite Mrs. Wilcox to appear at its February meeting and if she does not appear a second time, DDOT can remove the wall and place a lien on the property for the cost of doing so.
3.8 Commissioner Shapley said she plans to submit comments in a DDOT proceeding concerning the design of city bus shelters and that she will circulate her comments to the Commission once they have been filed.
4. Public Space Application #17060 - Mr. /Mrs. Lloyd Hand, 3519 Overlook St.
4.1 The Hands have applied for a Public Space Permit for two new curb cuts which they would use to construct a circular driveway in front of their home. There is an existing driveway to the side of the house and an interior garage at the basement level. A front door entrance would provide ground-floor access for the Hands and their guests and allow them to bring groceries into their house without carrying them up a flight of stairs which would be necessary if they use the garage entrance.
4.2 When they were developing their plans the Hands observed 9 or 10 comparable driveways within several blocks of their home. Commissioner Heuer observed that the new driveway would be steep, and asked whether there would be retaining walls. The architect said none were contemplated.
4.3 Commissioner Thompson noted that while the policy of the Public Space office is not to grant more than one curb cut per household, it is clear the policy was otherwise in the past as there are so many circular driveways throughout the neighborhood. She noted that the lack of written policies is problematic for the ANC.
4.4 Chairman Stern noted guidance from Public Space that there must be a strong reason for any waiver of the one curb cut policy. Mr. Hand said some consideration ought to be given to the fact that this is his land, and not inexpensive. He and his wife plan to retire in this house and this is a quality of life issue. They decided against building an elevator in the house. Chairman Stern noted that issues of private property must be considered along with issues of public concern, and that the commission has in her experience been consistent in its votes.
4.5 Commissioner Thompson noted the increase in run-off caused by development and the fact that funds for underground stormwater management have been cut to almost nothing due to funding requirements of lead pipe replacement. Would the Hands consider using a pervious surface to this driveway? Mr. Hand said that he had not been aware of concerns about stormwater. His architect offered to rework the grade and materials to minimize run-off.
4.6 Chairman Stern moved to ask the Hands to return in February to present revised plans, and to look for a solution that would only require one additional curb cut (for a total of two curb cuts rather than three). Commissioner Shapley seconded the motion. The vote was 7-0-0.
5. Zoning Commission #05-40 - Wesley Theological Seminary Campus Plan 2005-2015
5.1 Making the presentation were: J. Patrick Brown (attorney), Reverend David McAllister-Wilson (President of WTS), Colden Florance (architect), and Lou Slade (Gorove Slade traffic planner). The application is for a 10-year campus plan that will be heard by the Zoning Commission on February 23. This was the third presentation to the ANC.
5.2 Three single lots to be carved out: Commissioner Heuer asked about future plans for three roughly 8,000-sq foot lots on University Terrace that the seminary will carve out of the campus plan and dispose of in the future. The neighbors and the ANC wish to see these lots remain low-density single family lots. They will inherit the campus zoning (R-5-A) but all surrounding residential lots are R-1-A and R-1-B and if the three were sold together a buyer could conceivably build at a greater density than single family residences. Brown said the seminary has no immediate plans to dispose of the lots and would work with neighbors to craft covenants that would have substantially the same effect as re-zoning but wouldn’t require a formal proceeding.
5.3 Commissioner Shapley argued against any consideration of the three lots in the current proceeding on the grounds that this proceeding focuses on the campus plan and once the campus plan is enacted the lots will fall outside of it. Other commissioners expressed the strong view that it was necessary to consider disposition of the lots because they will be created as a direct result of the campus plan and, assuming development is by right, there will be no future proceeding in which neighbors or the ANC could weigh in on them.
5.4 World War I bunker: Commissioner Gates raised concern regarding a World War I bunker located in the vicinity of the site for the president’s new house (East of what the seminary calls Lot 3 on University Terrace). Mr. Brown said that all land that will be moved during the course of construction has been thoroughly disturbed before and there should be no danger. Commissioner Gates disagreed with this assessment, noting that the US Army Corps has recently designated the bunker area an “Area of Interest.”
5.5 Enrollment and Parking: Mr. Brown said the campus plan is based on a stable enrollment. Right now there is a maximum of 650 students, 24 full-time teachers and 25 part-time teachers. Staff total is about 90. He stated that the “driver” for caps in other campus plans is undergraduate enrollment; Dr. McAllister said he felt caps were inappropriate. Commissioners stated that the Zoning Commission’s rules for campus plans call for caps.
5.6 Chairman Stern stated she is not in favor of trying to rein in the seminary’s growth unreasonably, but the commission needs a benchmark. Dr. McAllister said enrollment tends to fluctuate, as people go overseas or elsewhere, but for them the important count is the fall enrollment. Commissioner Thompson suggested that given Dr. McAllister’s statement that enrollment has grown by roughly 10 percent over the last decade, a cap might be set at 10 percent above current enrollment and staff; in other words 715 students and 100 staff members.
5.7 The question was raised as to whether under the Zoning Commission’s rules the seminary will have a sufficient number of on-campus parking spaces. As on-street parking has not been a source of complaints from neighbors it was determined that this calculation would be left to the Zoning Commission.
5.8 Commissioner Shapley proposed a motion to support the campus plan with three conditions: One, that future development of the three single lots to be created by the campus plan (each about 8,000 square feet) will be subject to covenants agreed to by neighbors; two, that the Zoning Commission determine if parking is sufficient under its rules; and three, that student enrollment and staff shall not exceed 715 students and 100 staff/faculty over the period of the Campus Plan.
5.9 Commissioner Mullane seconded this motion. The vote was 7-0-0.
6. BZA Application # 17429 –Friends of St. Patrick’s (“FOSP”) Episcopal Day School Seek Development of 19 Single Family Detached Dwellings as a Theoretical Lot Subdivision and a Special Exception to Construct a Private Middle and High School (440 Students and 100 Faculty/Staff) at Premises 1801 Foxhall Road NW.
6.1 Chairman Stern said Colony Hill neighbors would be heard from first as previous meetings have run so late that their presentations have sometimes been cut short.
6.2 Terry Straub, representing Colony Hill, said the FOSP plan as proposed will forever change Colony Hill, which is the only contiguous neighborhood. He said, “We feel strongly that more work needs to be done on this application” before it goes to the BZA. He said Colony Hill had hired Joe Mehra as their traffic expert and Ken Doggett as their land use planner. He asked the Commission to support a continuance at the BZA.
6.3 Straub cited several concerns: a) the extension of 45th Street extension as the sole point of ingress/egress and safety impacts; b) addition of another traffic light at the school entrance across from the German Embassy on Foxhall Road; c) the consistent underestimation of traffic impacts and future growth; d) a major transformation of Foxhall Road; e) no justification for the number of students and teachers requested; f) lack of clarity as to whether agreements reached by architectural and construction subcommittees would be included by FOSP in their application before the BZA; and, g) the current plan leaves no growth for the school in the future to build, for instance, another playing field.
6.4 Ellen Kentz, also of Colony Hill, said current traffic on Foxhall is awful and the developers have an obligation to try to ameliorate existing bad conditions before adding more, and neighbors need an enforceable plan from the school. For instance, how will parents be compelled to carpool? She stated FOSP has offered a six-point plan but how will the school be compelled to take these steps in the future? Lastly, she noted that Field School has fewer students but a larger site, and 440 students are too many for the 1801 Foxhall site.
6.5 Patricia Hass of Colony Hill has two children who went to St. Patrick's, has lived in Colony Hill since 1958, and opposes the project. "The site is too small," she said.
6.6 Camille Comeau of 1717 Foxhall Road raised concerns about the plan to merge two lanes of Foxhall Road above Hoban Road as traffic approaches the school entrance. Her worry is that narrowing that passage will cause a back-up of northbound traffic all the way back to Reservoir Road. Also, having a light opposite the German embassy will cause delays for southbound cars.
6.8 Bob Avery, president of the Foxhall Community Citizens Association (FCCA), said that with the school construction scheduled to occur after the residential construction (several years out), any agreement between neighbors and the school may be premature. The FCCA Board voted to require the school to represent their transportation plan to the ANC and BZA based on actual conditions before the school opens. Meantime he feels a traffic study that looks at the impact of all the schools in the area should be undertaken by DDOT.
6.9 Kent Slowinski of Friends of Whitehaven Park presented a new plan for the site which he said offers more environmental benefits. He said FOSP should have to fund stream monitoring in Whitehaven Park.
6.10 Peter Barrett, St. Patrick’s Principal, informed the commission that smaller schools are favored by school reformers. Grades 7 and 8 will have a total of 120 students and grades 9-12 will have 320 for a total of 440 students. The school would open with grades 7, 8 and 9 and then climb one grade level per year until all grades are established in year 4. This manner of enrollment will allow for modest growth across grades until the school reaches the approved cap. The elementary school’s current grades 4, 5 and 6 will be the cutting edge classes for the new school.
6.11 Terry Armstrong, St. Patrick’s CFO, discussed the school transportation plans and briefly addressed carpooling, the use of shuttle buses and where existing students live, and reiterated the proposed policy on student drivers. He also highlighted the school Operations Plan that would permit no use of lights on playing fields, limits on outdoor events and the use of the field by outside parties.
6.12 Phil Feola, attorney for St. Patrick’s explained that the “Concessions Package” offered to Colony Hill, and sent to commissioners by FOSP, has not been agreed to by Colony Hill. The package contains concessions on architectural controls for the matter of right houses along Hoban Road, construction planning and traffic management within the proposed housing development.
6.13 Commissioner Gates asked about limits on deck heights for matter-of-right houses on Hoban Road given that portions of the rear yard setbacks will be for a private alley. Architect Ankie Barnes said there is strong incentive to keep any such decks below 4 feet.
6.14 Commissioner Shapley asked whether the two groups meeting on elements of the so-called concessions package had reached consensus. FOSP attorney Feola and Colony Hill’s Straub both said yes, probably. Straub said what’s troubling is whether or not any of this is enforceable or if it is just based on good intentions.
6.15 Commissioner Thompson asked if there was any possibility of further negotiation regarding the lower housing entrance around so-called options 5a and 5b. Barnes said he believes Colony Hill’s goal is to prevent any development traffic from using existing Colony Hill streets.
6.16 Discussion followed on the benefits of making the portion of Hoban Road between 45th Street and Foxhall two-way. Commissioners agreed this would provide a way for traffic within the development to more easily reach Foxhall Road and disburse traffic more evenly within the community. Colony Hill resident Ed Lyle disagreed about the benefits of doing this.
6.17 Barnes said they could add a “No Left Turn” sign on the southbound corner of Hoban and Foxhall to prevent north-to-south cut through traffic. However this might also prevent residents from entering Colony Hill.
6.18. Commissioner Haas asked about storm water management, citing the fact that 50 percent of the 17-acre site will be converted to impervious surfaces, according to the applicant's environmental assessment. Barnes said they will exceed District requirements. Asked about use of pervious surfaces Barnes said that providing a firm enough base for vehicles usually means pervious tiles must be underlaid with concrete which defeats the purpose. Commissioner Heuer asked about possibility of building fewer houses to leave space for a future second ball field, as proposed by Colony Hill. Feola said this would require leveling the area and that an agreement has been signed by FOSP and Elm Street and Harris Schwalb to sell the property once the BZA has issued its Order on the Application. This would take the parcel set aside for development out of the hands of the FOSP and the school.
6.19 Feola addressed Terry Straub’s request for a continuance. Feola stated that FOSP opposes a continuance because the next possible BZA hearing date would be May 9th. He understands the ANC’s wish to have DDOT and OP reports, not due until Feb. 21st, to see how they address some of the traffic issues, but he said it is unlikely that the BZA would complete the hearing in one day. He posited that the ANC could wait and take a vote at the March meeting as the second BZA hearing would likely take place 2 to 4 weeks later. Commissioner Gates replied that the commission would be unwilling to risk not having a letter on file with the BZA prior to the initial hearing.
6.20 Commissioner Shapley attempted to craft a motion based on agreement in areas of architecture and construction planning, as well as access to the development. But the parties reiterated that they there was no agreement.
6.21 A Motion was made by Commissioner Gates to hold Special Meeting to continue discussion before a vote. Seconded by Ann Haas. Vote is 7-0-0.
6.22 Special meeting is set for Thursday, February 16th at 7:00 p.m.
7.0 Commission Business
7.1 Minutes accepted with correction requested by Commissioner Thompson.
7.2 Treasurer’s Report accepted.
Respectfully submitted
Rachel W. Thompson
Secretary