ARLINGTON COUNTY, VIRGINIA County Board Agenda Item Meeting of March 12, 2016 DATE: March 1, 2016 SUBJECT: SP-331-U-12-1 USE PERMIT ASSOCIATED WITH A SITE PLAN review for Live Entertainment, Dancing and Outdoor Seating for ; located at 901 N. Glebe Road (RPC# 14-051-358). Applicant: MWB Development I, LLC By: M. Catharine Puskar Walsh, Colucci, Lubely, Emrich & Walsh PC 2200 Clarendon Blvd., Arlington, Virginia 22201 C.M. RECOMMENDATION: Renew the use permit associated with a site plan for live entertainment and outdoor seating subject to the previously approved conditions, with the exception of condition 80, which shall be removed because the applicant does not wish to have dancing at this location, and with a County Board review in five (5) years (March 2021). ISSUES: This is a three (3) year review of live entertainment and dancing, as well as outdoor café seating at located at 901 North Glebe Road in Ballston, and no issues have been identified. SUMMARY: The applicant received approval for live entertainment, dancing and outdoor seating at located at 901 North Glebe Road in March 2012. The County Board renewed the use in March 2013 with a County Board review in three (3) years (March 2016). Since approval, there have been no issues or violations regarding this use. The live entertainment was approved for the following hours: Sunday through Wednesday (7 p.m. to 12 a.m.), Thursday County Manager: ##### County Attorney: ***** Staff: Nicole R. Boling, DCPHD, Planning Division 5.
through Saturday and the eve of holidays (7 p.m. to 1:30 a.m.). The holidays are defined as both legal Federal holidays and commonly celebrated holidays (Halloween, Saint Patrick s Day, and Cinco de Mayo). The applicant has never had dancing and a dance hall permit has not been requested by the applicant since County Board approval in 2012. The applicant has agreed to remove dancing from their use permit approval because they do not intend to offer dancing in the future at. The County Board also approved outdoor seating adjacent to the front of the restaurant along North Glebe Road. The live entertainment and outdoor seating uses have not caused an undue adverse impact on the surrounding neighborhood. Therefore, staff recommends that the County Board renew the live entertainment and outdoor seating subject to the previously approved conditions, with the exception of Condition 80 which shall be removed since the applicant does not want to have dancing, and with a County Board review in five (5) years (March 2021). BACKGROUND: was approved for live entertainment, dancing and outdoor seating in March 2012. The subject location is associated with the Arlington Gateway site plan project located at 901 North Glebe Road in Ballston. The use was renewed by the County Board in March 2013 for three (3) years subject to the previously approved conditions. Figure 1: Location Map Source: Bing Maps SP-331-U-12-1 - 2 -
Figure 2: Outdoor Seating Location Source: Google Maps DISCUSSION: In March 2012, was approved for live entertainment, dancing and outdoor seating. The use was reviewed by the County Board in March 2013 and renewed for three (3) years. The live entertainment and outdoor seating uses have been operating in compliance with the conditions of approval and have had no known adverse impacts on the surrounding community. was also approved for dancing, but as of the date of this report a dance hall permit has not been requested. The applicant has agreed to remove dancing from their use permit approval because they do not intend to offer dancing at this location in the future. The hours of operation for the live entertainment are: Sunday through Wednesday (7 p.m. to 12 a.m.), Thursday through Saturday and the eve of holidays (7 p.m. to 1:30 a.m.). The holidays are defined as both legal Federal holidays and commonly celebrated holidays (Halloween, Saint Patrick s Day, and Cinco de Mayo). This use is associated with the Arlington Gateway site plan which consists of high-rise office and hotel. There are additional high-rise office, hotel, and residential buildings in the immediate vicinity. However, the residential building is on the opposite side of the Arlington Gateway office building from. The outdoor seating area is located along North Glebe Road adjacent to the restaurant s street frontage. This area maintains an 8-foot clear width and has been operating without undue adverse effects on the surrounding neighborhood. This area along North Glebe Road is primarily commercial and office use and the outdoor seating provides a pedestrian friendly streetscape. SP-331-U-12-1 - 3 -
Since County Board review (March 16, 2013): Use Permit Conditions: No violations of use permit conditions have been identified. Community Code Enforcement: Code enforcement has not reported any issues with the use at this site. Police Department: The Police Department has not reported any issues or complaints with the use. Fire Marshal s Office: The Fire Marshal s Office has not reported any complaints or violations regarding this use. State ABC Board: The State ABC representative has reported no issues or violations with the use. Civic Associations: The site is located within the Ballston-Virginia Square Civic Association and is adjacent to the Bluemont Civic Association. Both civic associations were contacted about the renewal, but no comments have been received as of the date of this report. CONCLUSION: The live entertainment and outdoor seating at has not been detrimental to the public welfare or caused a known adverse impact on the surrounding neighborhood. The area surrounding the site is primarily commercial and developed with office buildings. Therefore, staff recommends that the County Board renew the live entertainment and outdoor seating subject to the previously approved conditions with the exception of Condition #80, which shall be removed since the applicant no longer wishes to have dancing and with a County Board review in five (5) years (March 2021). Deleted Condition: 80. The applicant agrees that dancing is not permitted until the applicant obtains a Dance Hall Permit from the Zoning Office. SP-331-U-12-1 - 4 -
PREVIOUS COUNTY BOARD ACTIONS: April 6, 1963 May 9, 1970 July 29, 1978 November 25, 1980 September 10, 1983 April 1, 1996 July 20, 1996 July 19, 1997 November 14, 1998 Approved a use permit (U-1541-63-1) for a public garage at 905 North Glebe Road and 928 North Vermont Street, subject to conditions. Approved a use permit (U-1838-70-1) for a public garage at 901 North Glebe Road, subject to conditions. Approved a rezoning from C-2 to C-O-2.5 for 901-941 North Glebe Road, and from C-3 to C-O-2.5 for 801 North Glebe Road. Approved a General Land Use Plan Amendment to Coordinated Mixed Use Development District, and a rezoning from C-O-2.5 to C-O-A, for 801 and 901-941 North Glebe Road. Approved a use permit (U-2395-83-2) for an automobile service station, subject to conditions and with a one year review, at 901 North Glebe Road. Took no action on a site plan request (SP #311), a site plan amendment (SP #6), and a request to vacate a portion of North Vermont Street, to construct an office development. Approved a site plan (SP #321) for a 123-car motor vehicle storage lot on a temporary basis, subject to conditions and a one year review, at 801-941 North Glebe Road. Continued a site plan (SP #321) for a 123-car motor vehicle storage lot, subject to conditions and amended condition #3 which continues the temporary use for two years to July 1999, at 801-941 North Glebe Road. Approved a new site plan (SP #331) for a mixeduse office, retail, residential and hotel development consisting of two office buildings containing first floor retail, and one residential/hotel building, at 801-941 North Glebe Road, and the intersection of North Glebe Road, North Fairfax Drive and North Vermont Street. SP-331-U-12-1 - 5 -
November 16, 1999 Deferred a major site plan amendment (SP #331) request for a mixed-use office, retail, residential and hotel development consisting of one office building containing first floor retail, one residential building and one hotel building, at 801-941 North Glebe Road, and the intersection of North Glebe Road, North Fairfax Drive and North Vermont Street. December 15, 1999 Approved a major site plan amendment (SP #331) request for a mixed-use office, retail, residential and hotel development consisting of one office building containing first floor retail, one residential building and one hotel building, at 801-941 North Glebe Road, and the intersection of North Glebe Road, North Fairfax Drive and North Vermont Street. May 18, 2002 July 24, 2002 September 14, 2002 October 19, 2002 December 7, 2002 Deferred a major site plan amendment to convert the approved hotel to residential use. Deferred a major site plan amendment to convert the approved hotel to residential use. Deferred a major site plan amendment to convert the approved hotel to residential use. Deferred a major site plan amendment to convert the approved hotel to residential use. Deferred a major site plan amendment to convert the approved hotel to residential use. April 26, 2003 Deferred a request to incorporate Site Plan #133 into Site Plan #331, modify the approved hotel to reduce parking and exclude GFA from density calculations, and to construct a new office building. June 17, 2003 Approved a request to incorporate Site Plan #133 into Site Plan #331, modify the approved hotel to reduce parking and exclude GFA from density calculations, and to construct a new office building. October 15, 2005 Approved a request for a rooftop sign at 901 N. Glebe Rd. SP-331-U-12-1 - 6 -
March 10, 2012 Approved a comprehensive sign plan (SP #331 Site Plan Amendment), and a Use Permit associated with a Site Plan (SP-331-U-12-1) for outdoor seating, live entertainment, and dancing for World of Beer (901 N. Glebe Road) with a one year County Board review for the outdoor seating, live entertainment, and dancing (March 2013). March 16, 2013 Renewed the Use Permit associated with a Site Plan (SP-331-U-12-1) for outdoor seating, live entertainment, and dancing for located at 901 N. Glebe Road subject to the conditions of the staff report, with a three (3) year County Board review (March 2016). SP-331-U-12-1 - 7 -
Approved Conditions: Note: The following conditions, #77 through #86 are applicable only to the live entertainment, dancing and outdoor seating use permit located at 901 N. Glebe Road. For live entertainment: 77. The applicant agrees that live entertainment is permitted only from 7 p.m. to 12 a.m., Sunday through Wednesday, and 7 p.m. to 1:30 a.m. Thursday, Friday, Saturday, and the eve of all legal Federal Holidays, as well as St. Patrick s Day, Cinco de Mayo, and Halloween. 78. The applicant agrees to comply at all times with the Arlington County noise ordinance. The Applicant further agrees that the windows and doors shall remain closed during the times of live entertainment, except for servers coming and going from the outdoor café. The applicant agrees that, under no circumstances shall live entertainment be permitted outside of the building or broadcast over loudspeakers outside of the building. 79. The applicant agrees to comply with all requirements of applicable County and State Ordinances, the Environmental Health Bureau, and the Fire Marshal, the Police Department and the Alcohol Beverage Control Board. 80. The applicant agrees that dancing is not permitted until the applicant obtains a Dance Hall Permit from the Zoning Office. 81. The applicant agrees to designate a neighborhood liaison to communicate with nearby residents and neighbors to address concerns which may be related to the live entertainment and outdoor seating and an onsite liaison that shall be available during the hours of the business operation to receive and respond to community concerns regarding the live entertainment. The name and telephone number shall be submitted to the Zoning Administrator and a copy sent to the Ballston-Virginia Square and Bluemont Civic Associations. For outdoor seating: 82. The applicant agrees that outdoor seating area is permitted on N. Glebe Road as shown on the Proposed Seating Plan dated February 16, 2012, and that the applicant shall not use the outdoor seating area until a certificate of occupancy has been obtained for that use. The applicant agrees to maintain shall leave a minimum of eight (8) feet of clearance width along all sidewalks for pedestrians. 83. The applicant agrees that any use of umbrellas in the outdoor seating area shall not interfere with pedestrian movement along the sidewalk. 84. The applicant agrees that there shall be no music or audio system piped outside to the outdoor seating area at any time. SP-331-U-12-1 - 8 -
85. The applicant agrees that all outdoor seating including tables, chairs, and removable barriers, shall be removed from the sidewalk annually during the winter months (December, January, and February). No outdoor seating equipment shall be stored on the sidewalk. The applicant further agrees that no permanent furniture, including tables, chairs, railings or umbrellas, shall be installed as part of the outdoor seating. 86. The applicant agrees to designate a neighborhood liaison to communicate with nearby residents and neighbors to address concerns which may be related to the live entertainment and outdoor seating and an onsite liaison that shall be available during the hours of the business operation to receive and respond to community concerns regarding the live entertainment. The name and telephone number shall be submitted to the Zoning Administrator and a copy sent to the Ballston-Virginia Square and Bluemont Civic Associations. SP-331-U-12-1 - 9 -
N VERMONT ST 1008 N UTAH ST 1000 4501 4401 RC FAIRFAX DR 4420 N GLEBE RD 950 C-O-2.5 901 851 C-O-A 836 841 837 835 833 900 801 R-5 832 828 831 829 827 825 823 N WAKEFIELD ST 821 9TH ST N 4401 824 827 823 SP 331-U-12-1 901 N. Glebe Rd. RPC # 14-051-358 820 816 800 Scale: C-2 I Case Location(s) 1:1,500 Note: These maps are for property location assistance only. They may not represent the latest survey and other information. Department of Community Planning, Housing and Development County Use Only Date Placard Posted By Removed