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| MEETING NOTICE: ANNUAL MEETING AND ELECTION SEPTEMBER 29 |
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June 23, 2009 Dear Member, In the last few months, CPCA has grown by over 100 new members representing a spectrum of interests and concerns. This growth will help build a modern, energized and inclusive organization that serves members and the community well. We hope you may be interested in serving on new CPCA committees to be formed after the Fall election, as an Officer, or otherwise assisting with the work of the Association. Please let us know by mailing back the enclosed post card. I also want to address the concern some have expressed about postponement of our election. With the increased interest in CPCA, we wanted to make sure we have in place a process for an open, democratic election and for considering additional leadership candidates. Moving the election to Fall gives us time to do this. The date for the Annual Meeting and election has now been set for Tuesday, September 29 at 7 pm at the Cleveland Park Congregational Church, 34th and Lowell Streets. Officers to be elected are President, 1st Vice President, 2nd Vice President, Recording Secretary, Assistant Recording Secretary, Corresponding Secretary, and Treasurer. The Officers and Chairpersons of committees appointed by the new President will form the Executive Committee of the Association. The Annual Meeting also elects delegates to the DC Federations of Citizens and Civic Associations. Please mark your calendar and plan to be there. Your vote is needed. Prior to the election, members should know who the candidates for Officers are and where they stand on issues concerning Cleveland Park and the Association. This is essential for an informed, democratic election. For this purpose, we plan to have a Candidates’ Forum a week or two before the election. The date, time and place of the Forum, and additional information about the nomination process will be provided with ample advance notice.. Although CPCA bylaws allow write-in candidates at the annual meeting, we hope that all candidates will have been nominated or put their names forward prior to the Candidates’ Forum and will participate in this Forum. Whatever the outcome, CPCA will have new leadership. I have been privileged to serve the Association and the community as President, but I will not be on the ballot. In the weeks ahead, we will reach out to others who have indicated a desire to become involved in leadership roles. In the coming year, we expect that CPCA will use electronic communication to encourage broader participation, information sharing and promote open dialogue. However, it also will remain essential to continue public forums to meet with city officials, and to foster personal contacts and the sense of community that are the heart of a neighborhood. Over the years, CPCA has contributed much to the quality of life in Cleveland Park. Our challenge, as we near the Association’s 100th Anniversary, is to balance our mission of preserving and improving the quality of life we all enjoy in Cleveland Park with broad participation and new ideas. Sincerely, George Idelson, President __________________________________________________________________________________ Minutes of Cleveland Park Citizens Association Meeting unday, March 15, 2009, 2:00 PM Cleveland Park Library President George Idelson opened the meeting at 2:10 pm. He stated that there were two agenda items: an update on the Wisconsin Avenue Giant and a presentation by At-Large Councilmember Phil Mendelson. Wisconsin Avenue Giant Update Mr. Idelson reported on the February 19 Zoning Commission hearing on the Planned Unit Development (PUD) Proposal for a new Giant supermarket plus a 5-story, mixed use development on Wisconsin Avenue, north and south of Newark Street. Chairman Anthony Hood expected the case to take three hearings to complete. The hearing began with preliminary matters, including a petition to remand the issue of the Commercial Overlay to the Board of Zoning Adjustment (this was deferred) and recognition of “parties” to testify as proponents or opponents of Giant’s application. Five groups of neighbors, including CPCA, were granted party status as opponents, and one, the AWARE Group, as a proponent. Mr. Idelson explained that under Commission rules, while CPCA favors a modern improved Giant, it had to register as an opponent to raise serious neighborhood concerns regarding other elements of the proposal, through cross- examination of the applicant. The Zoning Commission‘s findings will be based on the arguments presented by all groups at the hearing. Ward 3 Councilmember Mary Cheh first was granted special speaking privileges and testified in favor of the application as an example of “smart growth”. Richard Heapes, of Street-Works, Giant’s design firm, led the case for the PUD with a PowerPoint presentation, assisted by a traffic consultant, an engineer and an environmental consultant. These witnesses then were then cross-examined by a representative of opposing parties. Major concerns included parking, traffic, loading dock locations and conflict with the city’s Comprehensive Plan. The hearing adjourned at 11:30 pm. The next hearing is scheduled for April 6, when D.C’s Office of Planning will present its report and be cross examined. It was not clear whether opponents will be heard before the third hearing. At-Large Councilmember Phil Mendelson Mr. Mendelson commented on a wide range of issues: Giant hearing – He will testify on the importance of consistency with DC’s Comprehensive Plan and retaining the Neighborhood Commercial Overlay to maintain the area’s Low-density Commercial designation. He will do this (despite Ward 3 Councilmember’s unqualified support for this proposal) because of his long-time active concern for these issues. Tenley Library – He opposes the Mayor’s proposal for a private-public partnership. The neighborhood has waited too long for this library; it would be nice to get added commercial development, but the current economy makes it is less likely to find a private co-developer. He noted that Mayor has said that Library board members held their jobs at his pleasure, and may replace some members. Transportation policy – He questions the Department of Transportation (DDOT) theory of using gridlock to discourage car use rather than promulgating policies, such as optimizing traffic signals, to mitigate traffic. Emergency response –Better coordination is needed between DDOT and emergency responders, especially to divert traffic around accidents. He also favors more regional planning. In response to questions, he said new legislation should provide 3 major improvements: more control by the Medical Director of EMS recruitment and retention, rather than by the Fire Chief; regulatory oversight by the Department of Health for EMS quality, including training; and improved EMS pay and retirement benefits equal to firemen. DC is now losing EMTs to Maryland because of inequality. Voting rights –He favors incremental steps to full Congressional representation, such as the current bill for a vote in the House, but the Senate gun control amendment took everyone by surprise. Following the Supreme Court decision on individual gun rights, the Council has been looking at examples of other state laws for new legislation to prohibit persons convicted of certain crimes or domestic violence from buying guns and prohibit sale of assault weapons and semi-automatic weapons. But the Senate Amendment would strip away any authority of the Mayor or Council to limit guns. He opposes any strategy that would retain such an amendment to get a House vote. Property Taxes –He agrees with Peter Craig that the assessment process is badly skewed and that the appeals process is a disaster for anyone, except commercial enterprises that hire lawyers to get taxes reduced. The vacant property tax rate was doubled this year to discourage owners who allow property to deteriorate and to raise revenue. But this rate change was too high, too sudden, and should be repealed. There also should be some provision for individual exceptions. A hearing is scheduled next week on the Mayor’ budget proposal, which projects $800 million less than last year. He doesn’t know what will happen, but foresees some cuts in city services, although Federal stimulus dollars will help. Drug policy A big problems is that police ignore drug markets. Councilmember Graham is proposing an Open Air Loitering Bill, which has been struck down in the past because it could discriminate against minorities. Public safety – Mendelson is Chairman of the Council Committee on Public Safety and Judiciary. He has a hearing scheduled this week on crime related bills, including higher penalties for chronic offenders and violent offenders. The Mayor has submitted a bill proposing, among other things, that persons convicted of crimes with guns continue to register for 2 years after release from prison, and more pre-trial detention when crimes involve guns. In response to questions, Mendelson said the real need is more effective enforcement of existing laws. Because a relatively small number of people commit a large number of crimes, he would focus on getting the worst offenders off the street. The Chief of Police has said that 80% of arrests are not pursued to trial. U.S. Attorneys prefer not to try cases unless they are sure to win, settling most cases by plea bargaining. This does not get people off the street. In a sample of 50,000 DC arrests only 450 went to trial. Study is needed on whether detention or rehabilitation and counseling are the most effective treatment for drug-related violence, and more dollars are needed to deal with this major problem. Other Questions: In response to a question, Mendelson said that he would be willing to introduce legislation to create an independent DC Planning Commission. Peter Espenschied commented that unless the Commission were elected, it would be no different than the current Office of Planning. A question was asked about the Office of Planning moving ahead with “small area plans” that do not comply with the city’s Comprehensive Plan, without waiting for Council approval. The questioner noted that the proposed Brookland plan was strongly opposed by the local ANC and the neighborhood. Mendelson said Council Chairman Gray had “moved’ this with no comments from Council members. Stronger grassroots opposition must be mounted to oppose such action, he said. Mr. Idelson adjourned the meeting at 4:30 pm. Respectfully Submitted by Evelyn Idelson
090215 CPCA Minutes Minutes of the Cleveland Park Citizens Association Meeting Saturday, February 15, 2009 President George Idelson called the meeting to order at 2:10 pm. 55 persons signed in; 41 were CPCA members. Idelson announced two items on the agenda: a presentation from Councilmember Michael Brown‘s office and a discussion and vote on the proposed development of the Wisconsin Avenue Giant. (1) At-large City Council Member, Michael Brown Brown’s legislative director, Kilin Boardman-Schroyer, spoke on behalf of Councilmember Brown, who had been called away to assist his ailing mother. Highlights of his talk: Councilmember Brown serves on the following City Council Committees: Housing and Workforce Development, Finance and Revenue, Aging and Community Affairs (new), Public Service and Consumer Affairs, Human Services and the Committee of the Whole. He also is an alternate member on the Metro Board. Brown’s staff is equivalent to about 4.5 persons. DC’s low tax base is a barrier to development and improvement of city services. About 42% of property is not taxed and more than 60% of the workforce comes from out of DC and pays no income tax. DC’s projected deficit for 2010 is $456 million. Brown has co-introduced 9 bills in the first 40 days, including: Change in Schedule H property tax break; Comprehensive education and prevention for HIV-Aids prevention and treatment; Food Stamp expansion; Youth mentoring, providing a tax incentive for volunteering a minimum of 104 hours. Brown is also interested in: Neighborhood involvement in land use issues, community activities, libraries; Involving the international community more fully; DC Statehood. Kilin replied to many questions from an interested audience. (2) Ratification of the CPCA Executive Committee Resolution 090202 on the Wisconsin Avenue Giant PUD Proposal Mr. Idelson first described a decade of efforts by CPCA and the community to get a new Giant store that met neighborhood needs. He said that the Zoning Commission would consider Giant’s current proposal for a 2-block Planned Unit Development (PUD) on February 19. He explained that Commission rules required that anyone wishing to appear as a party had to register as a proponent or opponent by February 4. Since the Association had many unresolved issues about the proposal, and talks with Giant were still going on, it was concluded that, procedurally, the most effective way to get the issues before the Zoning Commission was to register as an opponent. The Executive Committee -- as provided by Association by-laws – drafted a Resolution for members’ consideration. The Resolution states that while the Association wants a larger, modern supermarket, and has worked hard to get one, it opposes the PUD proposal in its present form and authorizes the president or his designee to so testify before the Zoning Commission. The thrust of the Resolution is that Giant needs to demonstrate to the Commission, as required by law, why it needs all the added density it requests to provide a better store for the neighborhood. The resolution emphasizes that the proposed increased density is inconsistent with the District’s Comprehensive Plan, and cites problems of traffic and spillover parking on residential streets that will result from such large scale development. It adds that, given the current economic climate, the Commission should require that financing for each block be committed before stores are evicted and construction begins, to prevent being left with a hole in the ground and more empty stores. Mr. Idelson said that if Association members failed to ratify the Resolution, the request to testify would be withdrawn and the Association would take no position on the issue. CPCA First Vice-President Peter Espenscheid led discussion of the resolution. Questions were asked about a wide range of topics, including: Objections to the PUD included: Elimination of the Macomb-Wisconsin Overlay, which limits restaurants and bars and helps define the commercial area; the proposal would allow as many as 6 or 7 new restaurants in the PUD in addition to the many in the Overlay, but not in the PUD; Lack of commercial parking in the North Block; Insufficient parking for current and proposed stores – particularly restaurants; Added traffic and spillover parking on side streets; Proposed development would change the nature of the neighborhood as envisioned by the Comprehensive Plan; Imposition of commercial loading into residential areas. Proponents stated: Many neighbors are in favor of the development and don’t want to risk having Giant pull out; The community is impatient to have a good grocery store and not empty stores. We live in a city. What’s wrong with increased density? After considerable discussion, the question was called. CPCA members then voted 32 to 4 to support the Resolution. (Four other members who had to leave before the vote left signed statements favoring the Resolution. However, Parliamentarian Gregory New ruled that these votes (and others submitted earlier) were considered proxies and could not be included in the official count.) The meeting was adjourned at approximately 4 pm. Respectfully submitted by Elizabeth Fox, Acting Recording Secretary
Cleveland Park Citizens Association RESOLUTION 090202—GIANT FOOD STORE REDEVELOPMENT (Passed the CPCA Executive Committee on February 9, 2009.) Whereas, the Cleveland Park Citizens Association (CPCA) has represented the interests of the Cleveland Park neighborhood since 1911, and Whereas, in May 2002, CPCA signed a contractual Agreement with Giant Food governing the character of any future construction on the site of the Giant Food store on Wisconsin Avenue, and Whereas, the contract calls for, among other things, a new, modern enlarged grocery store, and a lively retail streetscape on Wisconsin Avenue in place of a blank wall forming the back of the store, and Whereas, for more than three years after the contract was signed, and Wisconsin Avenue retail establishments had already been evicted, Giant failed to proceed with building a new grocery store, and Whereas CPCA consistently encouraged Giant to restart its long dormant store replacement, and has seized every opportunity to confer with Giant to further the project, and Whereas, Giant now proposes, in a combined 2-block Planned Unit Development, to replace the current 18,000 sf Giant with a 56,000 sf store on the South Block plus ground floor retail and second floor mixed use on Wisconsin Avenue and Newark Street, and a 5-storey mixed-use development on the North Block, and Whereas, the current proposal seeks to eliminate the Macomb-Wisconsin Neighborhood Commercial Overlay from the PUD area, which would then allow as many as seven large new restaurants, and Whereas the part of the Macomb-Wisconsin Overlay District not in the PUD area is now largely made up of restaurants on Wisconsin Avenue and Macomb Street, consuming close to the 25% of the street frontage allowed by the Overlay, and Whereas the lack of commercial parking in the North Block garage will create the potential for restaurant and other retail patrons to park on neighborhood streets, especially if space in the South Block garage proves to be inadequate, and Whereas the PUD application is inconsistent with the Comprehensive Plan for these two parcels, by transforming the low-density commercial area into a higher density mixed-use area, and Whereas, the current PUD proposal offers no reason, as required by zoning law, why it cannot achieve its goal to build a large new grocery store as a matter of right, as contemplated by the 2002 Agreement, and without removing the Overlay from the PUD, and Whereas this applicant has previously evicted commercial tenants without being prepared to go forward with construction of the new store, and, in the current economic climate, there is a basis for concern that the project may be initiated and not completed; Therefore, be it resolved that (a) the applicant must be required to certify that financing for the South Block project is completely committed before the present grocery store is closed, and (b) the new grocery store must be open and operating, and the applicant must be required to certify that financing for the North Block project is completely committed, before any excavation, razing, or eviction on the North Block is begun; and Be it further resolved that CPCA, while strongly favoring a new supermarket and restored retail on Wisconsin Avenue, disapproves the PUD application in its current form for the above reasons, and authorizes its president and/or his designee to testify before the Zoning Commission in support of this resolution. __________________________________________________________________________________
Statement by President George Idelson at the CPCA Meeting to Ratify the Resolution on he Wisconsin Avenue Giant, February 15, 2009.
Chronology of the Giant effort to rebuild on Wisconsin Avenue We know that everyone in this room wants a great new Giant on Wisconsin Avenue. Contrary to the perception of some, CPCA has always worked, and is still working to get a modern expanded supermarket. This Association has not been responsible for the years of delay, for the deterioration of Giant and the loss of neighborhood stores. Indeed, we have actively worked for an improved version of the store that served our neighborhood for a decade, a store that was once said to be the most profitable Giant, on a square foot basis in the chain. It is true that in 1999 Giant first promised a massive plan that was strongly opposed by the neighborhood. Giant then made a revised proposal focused primarily on an enlarged supermarket. In the process, Giant evicted all the popular neighborhood stores that were its tenants in the Friendship Shopping Center, including Murphys, Shemali’s, a paint store and a Chinese restaurant. The proposed store followed a typical suburban model, accessed from the parking lot, with the back of the building – most of Wisconsin Avenue from Macomb to Newark Street – a blank brick wall. This design was so neighborhood-unfriendly, that CPCA and many others opposed it. However, Giant would not change this proposal, which it could build, as a matter of right, under existing zoning. With no zoning appeal possible, as a last resort, in 2002. CPCA filed an application to register the Friendship Shopping Center as an historic landmark. This move was supported by the Cleveland Park Historical Society and the Advisory Neighborhood Commission. At the time, there were those who said it would kill the deal, but just the opposite happened. As a result of CPCA’s action, Giant entered into a contractual agreement with CPCA and the District’s Historic Preservation Review Board in the Office of Planning. The Agreement provided, among other things, for an active streetscape with store entrances on Wisconsin Avenue. The agreement stated Giant had no present intent to redevelop its property on the north block, but would consult with CPCA and the DC Office of Planning if it planned any significant development. The Agreement was hailed by the Mayor as a positive solution. (And at CPCA’s January meeting this year, the project designer said that CPCA’s action had prevented a very bad plan.) At the time of the Agreement, Giant indicated that it planned to replace the existing 12,000 sq ft, market with a 30,000 sq ft store under the existing C-1 zoning, as a matter of right. Despite the Agreement, Giant subsequently presented several plan modifications that failed to include the promised interactive streetscape. These plans were rejected by the Office of Planning, Then followed a long period with no action by the company despite constant pressure from CPCA. and others to get on with the job. In 2004, when Giant was purchased by Stop & Shop , CPCA contacted the new owner with suggestions for relatively small adjustments that could make this store a model for an urban setting. The company has acknowledged that with internal problems and integrating Giant into Stop & Shop it let the project lie dormant. An initiative by Nancy McWood, ANC Chairman actually prodded Giant back into action. She used ANC funds to hire an architect and sent Stop & Shop drawings for a revised store with an active streetscape early in 2005. Later that year, the company hired Street-Works as its development consultant to design the project. CPCA, and the ANC had an initial meeting in January 2006 with Tony Colavolpe, Stop & Shop’s real estate vice president. Working closely with the ANC, we emphasized the community’s desire for a modern expanded supermarket and spelled out concerns with Giant’s previous plans. Stop & Shop promised close consultation with the community in developing new plans. In time, Street-Works took over the discussions and indeed, many meetings were held with various community groups. Some were sponsored or co-sponsored by CPCA, including last month’s informational meeting at which Street-Works presented its plan. The proposal, a Planned Unit Development, (PUD), covers most the south block and all of the north block. In includes a large new store plus mixed use retail on the south block and a five-story mixed use condo on the north block. Unlike the 2002 plan, it asks for substantial upzoning inconsistent with elements of the Comprehensive Plan, zoning relief with waivers on top of that, and removal from the PUD of the Wisconsin-Macomb Commercial Overlay. No one can dispute that the plan will change the character of the neighborhood. In May of last year, while discussions were still underway, SW filed its application with the Office of Planning, and in a July set-down hearing, OP declared the project ready for final review by the Zoning Commission. The ZC then set a hearing date for February 19. This Thursday. In the meantime, CPCA and others continued to talk with SW -- with one goal in mind – to find a way to support a new Giant without harming the neighborhood. On and off talks continued right up to February 5, the drop dead deadline for citizens to apply for party status to testify at the hearing. ZC rules demand that applicants file either as Proponents or Opponents. There is no middle ground. That raised a huge dilemma for us. We want a new store. Since we had unresolved issues, and talks were still going on, we concluded that, procedurally, the most effective way to get those issues before the Commission was to file as an opponent. This action was approved by our Executive Committee when it passed this resolution Had they not done so, we would have withdrawn our application with the ZC. And that brings us to today. Today, our job is to consider and hopefully ratify the resolution passed by the executive committee. If you ratify, we will appear as a party, so long as the ZC accepts our application. Frankly, we won’t know that until the day of the hearing. Kind of makes it hard to plan, but those are rules. If you reject the resolution, we will withdraw and take no position as an association. Now here are the ground rules. This is a membership meeting, and only members will vote. Members were given a blue card for identification. We will recognize anyone who wishes to speak, but to keep the meeting businesslike, please no applause and outbursts. Questions not to the point will be ruled out of order. 090110 CPCA Minutes Minutes of the Cleveland Park Citizens Association Saturday, January 10, 2009 “The Proposed Giant and the Community” President George Idelson called the meeting to order at 10:15 AM. Approximately 55 people attended. Idelson summarized the early history of Giant’s first renovation attempt which failed to win community and city support and caused the Cleveland Park Citizens Association (CPCA), as a last resort, to seek landmark status for the Friendship Shopping Center. Giant then entered into a contractual Agreement with the Historic Preservation Office (HPO) of the Office of Planning (OP) and CPCA, under which the landmark application was withdrawn in return for a commitment to a more neighborhood-friendly urban design. In the process, Giant, owner of most of the block south of Newark Street and all of the north block, vacated Murphy’s Variety Store, Shemali’s Middle-Eastern food store, Moon Palace restaurant and a paint store. Subsequent attempts at new store designs failed to meet approval of the Agreement signatories and the development lay dormant. In the meantime, Giant became part of Stop & Shop Supermarket (S&S) chain. In 2005, an ANC initiative helped reopen the process with S&S which was later represented by Street-Works, a design firm. After numerous meetings with community leaders and the neighborhood, a new proposal was submitted to the Office of Planning and is now headed for a hearing by the Zoning Commission on February 19, 2009. The proposal, a Planned Unit Development (PUD), calls for a five-storey residential and commercial building on the North Block, and a 56,000 square foot store on the South Block, surrounded by retail/office development on Wisconsin and Newark and eight townhouses. All commercial parking will be in the South Block. The applicant requests considerable zoning relief, including added density, raising concerns about potential parking and traffic impact in what is now a low density zoned area that is further protected by a neighborhood commercial overlay. Mr. Richard Heapes, design consultant with Street-Works, presented renderings of the proposed project, and described the firm’s planning and community consultation process since starting in 2005. He said the process is ongoing, that Giant is open to ideas to modify the plan before the Feb. 19 hearing, and that the hearing is not the end of the process. He volunteered that CPCA’s objections to Giant’s original plans were justified. Heapes repeated earlier offers to fund an independent traffic study and said Giant was committed to an escrow fund of $100,000 administered by DDOT for future “traffic calming” made necessary by the development. Isabel Furlong, immediate past-President of CPCA, briefly described the background of the contractual Agreement signed in 2002 by Giant, OP and CPCA. Giant’s original plan envisioned a larger store (including the Murphy’s space) with access via an expanded parking lot on the Idaho Avenue side. The back of the store, on Wisconsin Avenue, would essentially be a blank wall. When Giant insisted it could proceed as a “matter of right”, CPCA took the controversial step of requesting the city’s Historic Preservation Review Board to “landmark” the existing building and shopping center to preserve the character and vitality of the neighborhood shopping district. Faced with this prospect, Giant, in May 2002, signed a contractual Agreement with CPCA governing the character of any future construction on the site of the grocery store. Ms. Furlong said it was disappointing that after displacing many valued community stores Giant failed to keep up its own store or to develop vacated properties. She called the current proposal for the South Block a vast improvement over the original one. Barbara Zartman, Chair of the Zoning Committee of the Committee of 100 for the Federal City, described the zoning process required for the Giant Planned Unit Development (PUD), emphasizing that public participation is normal and that the process requires patience. She noted that the city’s zoning code, adopted in 1957, is now being revised, but in general requires review to assure that the Zoning Commission consider such issues as public health, safety, convenience, order and general welfare. The Commission gives the applicant priority to present its case and considers recommendations of the Office of Planning and the Department of Transportation. The ANC and other community organizations or individuals may then provide their comments. Peter Espenschied, First Vice-President, CPCA, noted that Giant was asking to upzone from C-1 to C-2, which allows for greater density. He described CPCA’s concern that Giant’s plan calls for elimination of the Macomb-Wisconsin Neighborhood Commercial Overlay District which provides for diversity of retail, limits building height, and caps, at 25% of retail frontage, the number of restaurants and bars which impose traffic and parking impact on the neighborhood. He noted that restaurants pay higher rents, and tend to crowd out other needed neighborhood services. Leila Afzal, Commissioner, ANC305, stated that while most of her constituents want a new store, serious concerns remain to be resolved, particularly about impact of traffic and parking, and the proximity of loading docks to private homes. They want these issues addressed in the PUD before approval of the project, rather than relying on promises for future mitigation. They also want to know what benefits Giant will offer the community, as required in a PUD, to outweigh negative impacts. Commissioner Afzal saw a need for retail parking on the north parcel, and a traffic plan in the PUD, plus a specific escrow set-aside to address unforeseen traffic problems. She said Giant’s current traffic plan failed to study Ordway Street traffic east of 34th Street, Ordway parking west of Wisconsin Avenue, the effect of the proposed traffic signal on Idaho at Wisconsin, and adequacy of the loading dock. In the Q&A segment of the meeting, Ms. Zartman explained that the Office of Planning (OP), after holding a “setdown” hearing with the applicant, is required to evaluate the proposal and report to the Zoning Commission at least two weeks prior to the ZC hearing. She observed that OP lacks the resources to do complex analyses and relies too much on claims and data supplied by the applicant. It is appropriate, she said, for citizens to challenge OP and the applicant. She also said that a non-profit organization may negotiate a covenant with a developer that “runs with the land” and should be enforced by OP. In response to a question about how promises in the PUD would survive a change of ownership, Mr. Heapes also noted that PUD regulations allow for a covenant that “goes with the land,” and that there will be such a covenant. He said a non-profit organization with standing in the community should be one of the parties responsible for enforcement. This arrangement remains to be negotiated. Mr. Heapes said the change from C-1 to C-2 zoning was necessary to achieve larger retail development and greater height. He noted that existing restaurants now take up 21% of the retail frontage in the Macomb-Wisconsin Overlay. He added that Giant would be happy to observe the principles of the Overlay but needs opportunity for at least one more restaurant. Mr. Espenschied said the Overlay provides for special exceptions, and that there has been no major opposition raised to adding a restaurant. Questions were raised about loading access and parking for existing businesses, most of which have come to rely on Giant parking, the only off-street parking in the commercial district. Mr. Heapes acknowledged the difficulty and complexity of the issues. A questioner asked if there might be another attempt to file a landmark application to preserve the existing Giant and if so would it be supported. Mr. Espenschied said that he had no knowlege of anyone doing this. Ms. Zartman warned those eager for quick approval of Giant’s proposal that the PUD hearing likely will require several additional sessions; that the Zoning Commission’s final decision will take many months, and that both applicants and other community parties can appeal this decision. The meeting was adjourned at 12:20 pm. Respectfully submitted, Evelyn M. Idelson, Acting Secretary * * * *
081108 CPCA Minutes CLEVELAND PARK COMMUNITY ASSOCIATION (CPCA) SATURDAY, NOVEMBER 8, 2008 CPCA 2nd Vice President Len Oliver called the meeting to order at 10:15 am. 40 people signed in. Oliver introduced Judy Hubbard, who said there would be a DC rights rally on November 11 and a fundraiser for former Fire Chief Alan Dutton at Nanny O’Brien tavern on November 14. Hubbard reported that she is now working part time on community liaison for Ward 3 Councilmember Mary Cheh. Hubbard said she can be reached at 202-966-1995 or hubbard.judy@gmail.com). Nelson Rimensnyder announced that the Historical Society of DC would be sponsoring an annual history conference on November 14 and 15. Barbara Burton, Assistant Peoples Counsel, reported that the District Department of the Environment offers free home energy efficiency audits to help homeowners evaluate ways to cut energy costs. For information or to schedule an audit, contact Willie Vazquez (202-671-3304 or willie.vazquez@dc.gov). Oliver then introduced Mark Plotkin, political commentator and analyst for WTOP Radio, who spoke about “what the election means for DC.” Plotkin noted that, while the November 4 election of Barack Obama bodes well for DC voting representation in Congress, his recent interview with the President-Elect did not reveal a sense of intensity or urgency on Obama’s part, though he did express general support for the issue. Plotkin, therefore, suggested the DC citizens and elected officials remind the new administration of DC voters’ overwhelming support for Obama and push for action during Obama’s first year in office. Plotkin urged voting rights advocates to take an incremental approach, given past history. He noted that in 1967.LBJ had favored giving DC power but no vote; in 1993 Congress gave DC delegate Eleanor Holmes Norton limited voting rights, and in 2006 Virginia Congressman Tom Davis proposed to create two new House seats, one for DC, the other for Utah. Plotkin suggested targeting the House and thenmoving to the Senate for full Statehood). Oliver thanked the participants and adjourned the meeting at 11:45 am. Respectfully Submitted, Joan Buchanan, CPCA Recording Secretary * * * * *
081011 CPCA Minutes Cleveland Park Citizens Association (CPCA) PRE-ELECTION CANDIDATES FORUM Saturday, October 11, 2008 CPCA President Idelson opened the meeting 10:15 AM. Idelson began with updates on neighborhood issues. 65 people signed in. Mr. Idelson noted that the meeting was held jointly with the Woodley Park Community Association, and he introduced WPCA president, John Goodman. In a brief update on local issues, Mr. Idelson said that CPCA is debating with the Zoning Administrator over differences in the way restaurants and bars are counted in the Cleveland Park commercial overlay calculation. The way the ZA counts, the 25% frontage limitation has been exceeded. There is also an ongoing controversy with the City Planning Office regarding the Comprehensive Plan for City Zoning, exemplified by the proposed Newark Street Giant project. The Office of Planning will hold a meeting on the project on October 15. Idelson then turned the meeting over to Peter Espenschied, CPCA 1st Vice President, who moderated the candidates Forum. Espenschied introduced the seven candidates for At-Large Member of City Council; Kwame R. Brown (Democrat); Patrick Mara (Republican); David Schwartzman (Statehood-Green); Michael A. Brown (Independent); Dee Hunter (Independent); Mark H. Long (Independent); and Carol Schwartz (Republican write-in candidate). Each candidate made brief opening statements. Espenschied then opened the session for audience questions to the candidates. Questions included: how to deal with the budget shortfall (Mara and Schwartz suggested cutting staff and earmarks and looking for savings in contracts and leases); special education services (Michael Brown said the program should be offered in DC schools); commercial overlays (all candidates supported the concept); and the delay in reconstructing the Tenleytown Library. In response to a question as to why there are three independent candidates, it was explained that the DC Home Rule Charter specifies that only one seat can go to the majority (i.e., Democratic) party. Each candidate then made a brief closing statement Espenschied then introduced Nelson F. Rimensnyder, Republican candidate for DC Shadow Senator. There followed a forum for the Advisory Neighborhood Commission (ANC 3C) candidates. Espenschied introduced 3C01 candidates Lee Brian Reba and Paul Poe; William W. Kummings (3C02); Jenelle M. Dennis and Anne-Marie Baristow (3C03); Josh Hart (3C04); Leila Afzul (represented by Bruce Beckner) and Darcy Buckley (3C05); Richard Stone Rothblum (3C07) and Nancy MacWood (3C09). Each candidate gave a brief opening statement. Questions from the audience included renovation plans for the Cleveland Park Library (see DCPL website for estimated timeline); the proposed Newark Street Giant project (Cleveland Park and Woodley Park candidates were generally cautious but favorable); and the commercial overlay issue (candidates were in favor). Idelson thanked Espenschied and the candidates and adjourned the meeting at 12:15 PM. Respectfully Submitted, Joan Buchanan, CPCA Recording Secretary * * * * * 08907 CPCA Minutes MINUTES CLEVELAND PARK CITIZENS ASSOCIATION (CPCA) Sunday, September 7, 2008 CPCA President George Idelson opened the meeting at 2 pm, with 35 people in attendance. He then turned the chair over to First Vice President Peter Espenschied to moderate the forum for candidates in the September 9 primary election for US Shadow Senator. Espenschied noted that only contested races were invited to debate, but that all candidates in the audience would be allowed a few minutes to speak. He added that both Republican candidates for At-Large seat on the City Council were invited but declined to attend. Espenschied introduced the two democratic Senatoral candidates (incumbent Paul Strauss and Philip Pannell). Pannell observed that the Shadow Senator is often viewed as a “meaningless” position, with no vote and little status. The post was created 28 years ago to advocate for DC statehood, an issue that remains unresolved. Strauss argued that the position is not meaningless noting that it is the most contested race. He said that during his two terms in the office, he had worked to elevate awareness on many issues, including statehood and voting rights, has fought Congressional riders targeting DC, and has advocated in the Senate on judicial nominees. There followed questions among the candidates and from the audience about issues related to the Gay/Lesbian/Bisexual/Transgender community, immigration reform, the environment, and the plausibility of a bi-partisan approach to the Shadow Senator seat. Nelson Rimensnyder, running unopposed as a Republican candidate for At-Large council seat, called on the other candidates to urge the Washington Post to endorse a candidate for the seat before the November election. Espenschied then offered a resolution to that effect, which was passed affirmatively. Washington Post reporter Hamil Harris asked if Cleveland Park residents planned to vote in the primary. Espenschied said the turnout and lively discussion spoke for itself. Miriam Spiro, running for National Committeewoman on the Democratic National Committee; Jeffrey Norman, running for DNC At-Large Committeeman; and Bob Brandon, Ward 3 candidate for the DC Democratic State Committee made brief statements. Idelson spoke about CPCA’s effort to clarify and update the Neighborhood Commercial Overlay which restricts retail uses on the Connecticut Avenue commercial district between Macomb and Porter Streets. The zoning code allows up to 25% of the space to be used for restaurants and bars. Idelson reported that both CPCA and the Zoning Administrator have conducted new measurements and are working to resolve differences in interpretation of the numbers. Idelson also reported on the status of the proposed new Giant on Wisconsin Avenue. The project, which will extend one block north and south of Newark Street, will also include other commercial and residential development. Stop and Shop, which owns the Giant, has filed for a Planned Unit Development (PUD), which would permit upzoning from its low density designation and elimination of the Wisconsin Avenue Overlay. He noted that there were neighborhood concerns about the size of the store and the entire development and its impact on traffic, parking and open space. He urged residents to familarize themselves with the plan before judging it. He added that he continues to hope that the development that finally goes before the Zoning Commission, probably in November or December, will be unopposed by the neighborhood. The meeting was adjourned at 4:00pm. Respectfully Submitted, Joan Buchanan, CPCA Recording Secretary
080607 CPCA Minutes MINUTES CLEVLAND PARK CITIZENS ASSOCIATION SATURDAY, JUNE 7, 2008
George Idelson, President of the Cleveland Park Citizens Association (CPCA) convened the meeting at 10:15am. He introduced Joshua Hart and Carol Phelps, candidates for a vacancy on the Advisory Neighborhood Commission (ANC) 3C04. Hart and Phelps gave introductory statements and encouraged residents to vote at the ANC 3C04 meeting on June 16 (7:15pm at the 2nd District Police Station).
Idelson then distributed ballots for the election of CPCA Officers. (The ballots were tallied after the meeting and the following individuals were elected: George Idelson, President; Peter Espenschied, 1st Vice President; Len Oliver, 2nd Vice President; Joan Buchanan, Recording Secretary; Jean van der Tak, Corresponding Secretary, and Barbara Goff, Treasurer. Also elected were: Idelson and Ann Hume Loikow, as Delegates to the Federation of Citizens Associations of DC; and Idelson, Greg New, and Carol Phelps, as Delegates to the DC Federation of Civic Associations.)
Idelson then introduced Paul Strauss, who has been one of DC’s two Shadow US Senators for nearly 12 years. Strauss gave an historical overview of shadow appointments, noting that “shadow” is a parliamentary term meaning “in waiting.” In the US, many territories had Shadow Senators until they achieved statehood. Although Strauss has no vote and no funding, aside from funds provided by DC (through a voluntary income tax check-off system), he is admitted to the Senate chamber, where he sits in the Vice President’s gallery, and he is a super delegate to the 2008 Democratic National Convention. He said he plans to lobby Obama on DC voting rights. Strauss noted that the last voting rights effort failed in 1993, when DC was in financial straits, but he feels more optimistic about the current effort since the city is in a stronger financial situation. He noted that the strategy to designate two new House seats (one in Utah, another in DC) may politically neutralize the issue. Strauss added that Democratic gains in the White House and the Congress would offer new hope for meaningful DC representation in both the House and the Senate. He further noted that currently much of the Senate’s work on DC is limited to the appropriations process. DC votes in the Senate would give us a role in appropriations and the power to participate in filibusters.
Idelson thanked Strauss and reported on several neighborhood issues. Stop and Shop has filed a zoning application on plans for the proposed new Giant project at Newark Street and Wisconsin Avenue. Giant/Stop and Shop would hold a public meeting at 6:30pm on June 11 at the Washington Hebrew Congregation. Idelson also reported that the McLean Bible Church asked the BZA for a continuation of their appeal to use the Uptown Theatre on Sunday mornings. The hearing, he noted, had been moved to July 29.
Participants thanked Idelson for his efforts on behalf of CPCA.
Following adjournment at 12:30pm, the guest speaker and ten or so attendees had an end-of-year lunch at the nearby Nam Viet restaurant.
Respectfully Submitted, Joan Buchanan, CPCA Recording Secretary
080510 CPCA Minutes
MINUTES CLEVELAND PARK CITIZENS ASSOCIATION Saturday, May 10, 2008
CPCA President Idelson convened the meeting of 30 attendees at 10:30 am and introduced the main speaker, At-Large Councilmember Kwame R. Brown. Idelson noted that it had been 4 years since then candidate Brown had addressed the CPCA, where concerns included water quality and other environmental issues, Klingle Road, the schools, and vocational education. Brown advised that vocational education has been one of his major concerns. To that end, he oversaw the passage of a bill that established the Phelps High School, slated to open in September, as the first secondary school in the country concentrating on architectural and engineering construction. Brown also hopes to convert MM Washington High School, soon scheduled for closure, into a vocational program for adults (age 19 to 45). Brown noted that there are existing vocational programs at Roosevelt and Cardoza High Schools and at McKinley Technical High School. The challenge is linking the training programs to jobs. Brown advised that the Philadelphia vocational program does this through a public-private partnership. Brown advised that over the past four years he has taken CPCA’s advice on a number of issues, including opposing the re-opening of Klingle Road and Wisconsin Avenue development and supporting the reorganization of the public schools. He has also been instrumental in establishing a new Department of Environment. In response to audience questions regarding public transportation, he advised that there is a need to educate the public about transit systems and to expand funding and coverage for both the Metro and Metrobus systems. When the audience mentioned that one Senator opposes dedicated funding for Metro, Brown advised that he would call the Senator at the earliest opportunity. In closing, Brown said that he will always welcome CPCA feedback. Idelson then introduced Mark Carter, the new Commander of the 2nd DC Metropolitan Police District. Carter advised that he hopes to have a close working relationship with CPCA, like his predecessor Andrew Solberg. He is joining the Cleveland Park listserve and encourages people to contact him by email (mark.carter@dc.gov). During his first 20 days as 2nd District Commander, Carter has made some personnel re-assignments, based on staff feedback and in the interest of encouraging officers to perform a range of functions (e.g., not just traffic enforcement). Carter responded to a number of audience questions about ticketing and removal of foliage obscuring traffic signs (which is ultimately the responsibility of the Department of Transportation). He urged all resident to lock and remove anything of value from their cars. Nancy McWood advised that there is a monthly meeting with 2nd District Officer Ralph Neal and advised that she will send the schedule to the listserve. McWood also urged Commander Carter to reassign Officer Baker to traffic control.
Idelson reported that a sample ballot of candidates for CPCA officers had been mailed to all members and asked for additional nominations. No names were offered. The vote will take place at the June meeting.
Noting the current interest in the closed Klingle Road issue, Peter Espenschied said that CPCA was on record in favor of keeping Klingle closed.
Espenschied introduced for ratification by the members, a proposed resolution on Neighborhood Commercial Overlay and the McLean Bible Church (see attachment A) approved by the Executive Committee on April 28, 2008. The resolution was unanimously approved.
Idelson adjourned the meeting at 12:15 am
Respectfully Submitted, Joan Buchanan, CPCA Recording Secretary
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080510 CPCA Resolution on the McLean Bible Church, ratified 15-0 on May 10, 2008.
Attachment A CPCA RESOLUTION Neighborhood Commercial Overlay and McLean Bible Church
WHEREAS the McLean Bible Church, in 2007, made arrangements with the Upt6own Theatre to conduct regular Sunday morning religious services in the theatre, and
WHEREAS the DC Zoning Administrator has ruled that such a use would violate Chapter 13 of the Zoning Regulations, which reserves the ground floor space in the Cleveland Park Neighborhood Commercial Overlay District (CPNCOD) exclusively for retail services and sales (plus the theatre and library), and
WHEREAS the McLean Bible Church has appealed the ruling of the Zoning Administrator that prohibits use of the theatre for church purposes, and
WHEREAS this appeal is to be heard by the Board of Zoning Adjustment, and possibly thereafter in court, and
WHEREAS the Cleveland Park Citizens Association has consistently defended the Overlay Districts as important instruments of protection for the quality and balance of the neighborhood business districts in our community, and has been intimately involved in efforts to refine and clarify the applicable regulations, and
WHERAS it is clear that the Zoning Regulations restrict ground floor space in the CPNCOD to uses that appear on the prescribed list of uses, and religious establishments are not on that list, and
WHEREAS Neighborhood Commercial Overlay Districts are a few small enclaves in DC’s zoned land, and are the only areas in all of the residential and commercial zones in the city in which churches cannot locate as a matter of right, and thus cannot be construed as a burdensome constraint on churches, now therefore be it
RESOLVED that the Cleveland Park Citizens Association strongly supports the position of the Zoning Administrator as legally correct, and necessary to maintain the integrity of the Zoning Regulations, and be it further
RESOLVED that the Cleveland Park Citizens Association authorizes its officers to petition the Board of Zoning Adjustment to accept the Association as an intervenor in the appeal case and any related litigation, and to testify in accord with this Resolution.
ADOPTED by the CPCA Executive Committee by a vote of 6-0 on April 28, 2008 and approved unanimously by CPCA members at he May 10, 2008 meeting. ____________________________________________________________
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