ANC3D MINUTES – MARCH 1, 2006 MEETING

Adopted by vote on April 5, 2006

On March 1, 2006 at 7:35 p.m., the regularly scheduled monthly meeting of ANC3D was called to order by Chair Jill Stern.  Commissioners present: Thompson, Haas, Stern, Gates, Heuer, Shapley. There were about 30 people in the audience. Commissioner Mullane joined the meeting at 8:20.

1.  Police Report (Officer Tony McElwee)

Nine thefts in the American University community drove overall crime rate up. All could have been prevented (credit card being stolen etc). Officer McElwee presented information on “Watch Your Car” program. Tamper-proof decal automatically gives police authorization to stop a vehicle within certain overnight hours to check whether it may have been stolen.

In PSA 205 there were three hundred nine traffic tickets issued in February, up from 91 in January. Ninety-four on Canal Road; forty-three on MacArthur. On both routes the majority are out-of-state vehicles.

Audience members raised various questions that Officer McElwee addressed:

Q: Do police check parking violations when searching for a stolen car? Suggestion that the traffic enforcement people send a list of tags for cars they ticket to the police.

A: No. Ticket writers can’t run a check on license plates.

Q: Numbers on Loughboro include photo radar? Concern that car is being placed on the opposite side of the road for the traffic at whatever hour.

A: No, they’re separate. Doesn’t know how many tickets they write. Will check on the car placement.

Q: Commissioner Heuer: Why does he park on the median when he’s doing radar on MacArthur?

A: Can see cars both directions. General order that they cannot hide their vehicles.

Q: With the increase in identity theft, is the District thinking about changing use of social security numbers on licenses?

A: You can go down and change it to a seven-digit number. Lots of states are getting away from use of SS.

2.  Community Concerns

Dana Stewart, chair of Mutt Strut 5k Race for which AU and the Washington Animal Rescue League are partnering on June 4^th. Race will start at 9:00 a.m. and go through Spring Valley. Other races have followed a similar route in the neighborhood before, although this particular race was run on Hain’s Point last year. Her phone is 726-2556. Will see how it works before deciding that would be an annual event. Last year had about 500 registrants, but not all run. Ms. Stewart asked support from the Commission for her application for a permit from D.C. Emergency Management Agency.

Commissioner Stern said 9 am start time would cause problems with streets being blocked off as graduations and church services would be happening at that time.  She suggested that if the race starting time could be changed to 8 AM and approved by local Emergency Management people, the Commission could approve it.

Chairman Stern offered motion recommend to DCEMA that the race be permitted if it starts at 8 a.m. instead of 9:00 a.m., and if the race organizers clean up after the dogs. The motion was seconded by Ann Haas. Vote is 6-0-0.

John Dombrowksi, of Watson Street, expressed concern about a tree that fell directly in front of his wife’s car on Dalecarlia Parkway during a recent storm. Ward 3 Traffic Planner Jeff Jennings said city arborist Earl Eutsler has marked trees for removal. Jennings said a lot of attention is now being paid to Dalecarlia with respect to trees, lighting and other upgrades. Commissioner Heuer said the red dots marking trees that are to come down have been there for a couple of years.

Mr. & Mrs. Stabler, of Manning Street, seconded the concern about trees on Dalecarlia, along with the great volume of trash. “I just think it’s an outrage to the community with that road being used as much as it is” Mr. Stabler said.

3.  Commission Announcements

Commissioner Gates: Tuesday we appeared before the BZA to hear the St. Patrick’s School case. Didn’t get on until 4 p.m. They presented 13 expert witnesses who were accepted. The next hearing date is June 13 all day.

Had noticed the 4815 Dexter Street will be on the Public Space agenda. Letter sent to the Wilcoxes, owners of that property, that if they did not hear from them for ten days they would consider the application closed and refer it to the office of infrastructure oversight.

Lab School: The ANC asked the BZA to delay deciding the case until the ANC has had a chance to review and vote on the traffic management plan, which was a major part of their case and prepared after the ANC voted and the BZA record was closed. The school’s attorney, Allison Prince, also submitted findings of fact in which she said the school and ANC agreed to a plan to seek additional parking spaces from Public Space. Commissioner Haas recalled differently, and read from an October 2003 letter from then-chair John Finney emphasizing the Commission's commitment to protecting public space for use by residents, visitors, merchants, and customers.  That record established the commission’s opposition, for the past two years, to the Lab School's move to commit a public amenity to a private use.

Motion by Commissioner Thompson for the chair to prepare a letter to submit in the case to set the record straight on John Finney’s opposition to angled parking places. Seconded by Ann Haas. Vote is 6-0-0.

4.  Public Space Application #17060 – Mr./Mrs. Lloyd Hand, 3519 Overlook Street

Lloyd Hand appeared before the Commission for the second time, bringing drawings of his proposed circular driveway with two cuts.  He also brought letters and signed sheets from all nearby neighbors stating they support his crescent driveway plans.

Regarding the ANC’s earlier concern about run-off, Mr. Hand said he was in discussions with Public Space; one suggestion is French drain; another is pavers. Would want to maintain the driveway in the rear. Have talked with a gardener and think we will have to re-grade the corner. Had looked at one point at going across the front and tying into the rear driveway that’s already there. That wasn’t possible. Won’t build a retaining wall; will grade.

[Commissioner Mullane arrived].

Chairman Stern said that approving the application would result in three curb cuts, including the existing driveway, when the rule is one. But she has talked with Public Space and the rules in this area aren’t clear. She said she was impressed by the support from neighbors and it’s important for the commission to reflect the views of neighbors.

She stated that the Public Space Committee would need to review the ANC’s conditions. Stern moved to approve, seconded by Shapley. Vote was 4-3-0 with Commissioners Heuer, Gates and Thompson opposed.

5.  Public Space Application #17587 –Application to occupy Public Space for the propose of constructing brick columns and erecting a fence adjacent to 4901 Quebec Street, NW. Owner Caroline Van Vleck, presentation by architect Ms. Davis.

Van Vlecks have three children, no fence, on the corner. The Van Vlecks thought whole area was theirs. It turns out that a portion of what would be used as the back yard is public space. Along 49^th Street the proposed fence would be 6’ 9” and 50 percent open. This is in the “parking zone.” The space to be enclosed that Public Space refers to as the “Parking Zone” is 18 feet by about 30 feet.

Chairman Stern said that per Public Space, the terminology “parking zone” stems from the notion of a park. So she would be concerned if this was public park space being enclosed as private space. Ms. Davis said the “parking zone” extends onto the other side of the street. She thinks it may be an old alleyway.

As regards the portion of the fence on the Van Vlecks’ property, if it was a lower fence it wouldn’t need to go to Public Space. Chairman Stern recommended approval of the lower columns as drawn, but not of the higher fence in the parking space because it would be the equivalent of a taking.

Chairman Stern: Motion to oppose enclosing the space outside the property line, and in the event the Public Space Committee does approve taking of that space the fence should be no higher than 4 feet. Vote is 7-0-0.

6. Presentation: Consolidated PUD and Zoning Map Amendment Application of Sibley Memorial Hospital for 5255 Loughboro Road, NW (Lot 26 in Square N-1448).

Presentation by Jerry Price, Sibley Hospital chief operating officer; Christine Stuppy, Sibley business development; Dwight Fincher, Wilmot Sanz Architects; Lou Slade, Gorove Slade traffic consultants; and Paul Tummonds, Pillsbury Winthrop Shaw Pittman attorney. Sibley made an earlier presentation, on October 5^th, of a full campus, long-term expansion plan.

Mr. Price stated that the Master Plan had been presented in the fall to the Commissioners. This presentation would deal exclusively with the traffic issues. He said the proposed medical building and garage are very much needed as doctors who currently practice in buildings in Chevy Chase and Foxhall Square must go back and forth between their offices and the hospital to see patients.

The proposed building would be 8 stories high with a five level garage.  The building would be zoned SP-1 and the remaining 18 acres would be R-5A. The parking would be increased by 403 spaces, plus the hospital has calculated that about 360 existing spaces are currently unused.

Lou Slade then made a presentation of the traffic study, including a few slides in the hospital’s initial traffic report (sent to commissioners ahead of time) and others that were new. The slides selected from the traffic report showed area intersections while Mr. Slade read off traffic volume and turn count numbers. In response to audience questions about assumptions – for instance behind the various trip counts -- Mr. Slade said they were based on standard Institute of Traffic Engineering statistics about traffic in and out of medical office buildings around the country.

Neighbors on Palisade Lane complained about employee and visitor parking in front of their homes. Mr. Price said all employees are required to park on-campus. Neighbors suggested the hospital offer free parking to everyone. Mr. Price said the hospital makes no profit on parking but that free parking was not the answer.

A Palisade Lane neighbor calculating 100 doctors seeing 25 patients a day, or 2,500 new trips. It’s not the impact from doctors, on surrounding streets, but the all-day coming and going of patients and visitors. The possibility was raised of doctors contracting for a certain number of parking spaces for employees if medical center is developed.

Mr. Slade the current peak for Sibley is when there are shift changes: at 7 am and 3 pm. Traffic counts for the new office building were taken based on peaks in surrounding commuter traffic. Commission Gates asked to have in writing if the hospital believes that the effective peak hours will be 7:30-8:30 a.m. and 6pm to 7pm.

Commissioner Shapley said that the purpose of the medical office building is to maintain or increase the budget, to enhance Sibley’s revenues. Commissioner Thompson reviewed statistics contained in a November 2005 D.C. Hospital Association report which found Sibley’s operating margins substantially higher than other area hospitals, and its charitable care ranked 7^th out of 9 DC hospitals.

There will be two components in MOB – new surgical centre and a diagnostic centre – also an outpatient pharmacy. There will also be a new auditorium with 690 seats, up from the 200-seat facility currently in place. Commissioner Gates asked to hear more about how the auditorium will be used due to the potential impacts on parking.

Commissioner Thompson asked about payment of property taxes and future ownership of the medical office building. Mr. Price said Sibley will own the building and lease it at more or less market rates. Physicians will rent and will not be on staff of Sibley.

A question was raised whether Sibley, in the event it could not fill the medical office building with doctors, would seek to rent it out for other purposes. Mr. Price emphasized that the building will be fully rented when it opens, and that he and Sibley CEO Robert Sloan together developed the medical office building at 2440 M Street.

Commissioner Thompson asked about payment of property taxes. Mr. Price said physicians will rent and will not be on staff of Sibley. Sibley’s deed states the property can only be used for medical purposes. However he said Sibley’s non-profit status means it does not need to pay property taxes. 

Commissioner Thompson said her understanding from talking with the Office of Tax and Revenue is that OTR sends out a survey quarterly to determine if any portion of a non-profit’s activity’s are generating for-profit revenue. The deciding factor is if doctors get W-2s or employment benefits. If they do not, the property becomes subject to taxes. Mr. Price said he would check on this.

Commissioner Thompson asked if the hospital will undergo the Certificate of Need process administered by the Department of Health. Mr. Price said yes. This is important because the first question many in the community have asked about this project is whether the hospital really needs the medical office building.

Mr. Price said the hospital is expecting a setdown hearing before the Zoning Commission on March 13^th. It will be 2-3 months before the formal hearing, which will likely occur in June or July. Commissioners and the hospital agreed to make sure the setdown hearing proceeded on schedule before setting another Sibley presentation for the April meeting. While the ANC working group and Sibley have been meeting monthly since the fall, the process is still in its early stages in the sense that the setdown has not occurred.

Other items discussed – to be addressed in greater detail at next meeting – include the need for a new auditorium and the use of the helipad. Mr. Slade agreed to provide a total daily traffic count.

7. Treasurer’s Report

There is $15,016.45 in the Bank of America checking account.

8. Approval of Meeting Minutes

The minutes from February lst were approved with changes noted by a vote of 7-0-0.

The next meeting will be Wednesday, April 5.

Respectfully submitted,

Rachel W. Thompson

Secretary