Mr. Days, Clarendon Grill, Clarendon Ballroom, and Whitlow's on Wilson

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1 October 9, 2002 TO: FROM: APPLICANTS: The County Board of Arlington, Virginia Ron Carlee, County Manager Mr. Days, Clarendon Grill, Clarendon Ballroom, and Whitlow's on Wilson SUBJECTS: A. SP #194 Site Plan Review of live entertainment and dancing; on premises known as 3100 Clarendon Blvd. (RPC # ) (Mr. Days) B. U Use Permit Review of live entertainment; on premises known as 1101 N. Highland St. (RPC # ) (Clarendon Grill) C. U Use Permit Review of live entertainment; on premises known as 3185 Wilson Blvd. (RPC # ) (Clarendon Ballroom) D. U Use Permit Review of live entertainment; on premises known as 2854 Wilson Blvd. (RPC # ) (Whitlow s on Wilson) E. U Use Permit Review of an outdoor restaurant seating; on premises known as 2854 Wilson Blvd. (RPC # ) (Whitlow s on Wilson) RECOMMENDATION: Continue the subject use permits, subject to all previous conditions and with a review in one (1) year October BACKGROUND The County Board approved use permits for live entertainment in conjunction with existing restaurants for the subject establishments between 1995 and The uses currently operate in the Clarendon area within blocks of each other. During various months in 2001 and 2002 the use permit for each establishment was reviewed by the County Board. During previous reviews of the subject use permits similar issues and concerns including noise, inadequate parking, and trash were identified as areas requiring mitigation. In an effort to address the similar issues and concerns the applicants agreed to a condition requiring their participation in a Neighborhood Advisory Group effort that included neighborhood representatives, the Clarendon STAFF: Marcia A. Smith, DCPHD, Planning Division County Board Meeting - October 19, 2002

2 U , U , U & U , SP # Alliance and County staff. During the review period the Group has met five (5) times to discuss concerns. The Group agreed to meet quarterly and this effort continues. In addition, staff determined that given the similarities of the uses, the concerns expressed and the proximity of the uses to each other, it was reasonable to consolidate the review periods of the uses given the joint neighborhood advisory process that all have agreed to undertake. SINCE THE LAST REVIEW: (Clarendon Grill -November 2001, Clarendon Ballroom July 2002, Whitlow's on Wilson December 2001 and Mr. Days January 2002). The applicants have continued to attend the Neighborhood Advisory Group meetings. USE PERMIT CONDITIONS: The uses have continued to operate generally in compliance with conditions of use permit. COMMUNITY CODE ENFORCEMENT: During the review period the Code Enforcement Office reports that there have been no complaints regarding these uses. It should be noted that Code Enforcement staff also attend the Neighborhood Advisory Group meetings and thus are aware of concerns identified in the Group. Code Enforcement staff follow up on complaints identified by the Group and will continue to participate in developing measures to address the identified concerns. Following up on a concern identified in the Neighborhood Advisory Group as to whether the Whitlow's on Wilson's second use permit (U ) for outdoor seating was in compliance with use permit approval, Code Enforcement staff inspected the site and found the use to be in compliance with use permit approval. POLICE DEPARTMENT: Police Department representatives attend the Neighborhood Advisory Group meetings. The Police are aware of the neighborhood representatives' concerns and desire to have greater Police presence in the vicinity. The Police have not identified specific responses to any of the subject sites during the review period. However, it is strongly recommended that all new bartenders in these establishments receive the TIPS training offered by the Police Department. The Police have not expressed objection to continuation of the subject use permits for live entertainment. FIRE MARSHAL S OFFICE: The Fire Marshal's Office reports that there are no issues and all live entertainment establishments are in compliance with fire code regulations. STATE ABC BOARD: ABC Board staff report that there have been no issues with the subject uses and that they have no objection to continuation of the use permits for live entertainment. CIVIC ASSOCIATIONS: The uses are located in the Lyon Village and the

3 U , U , U & U , SP # Clarendon-Courthouse civic association areas. Each neighborhood participates in the efforts of the Neighborhood Advisory Group. During the Group meetings all participants have worked tirelessly toward resolution of identified concerns. Identified concerns continue to be the noise generated, particularly by patrons returning to their vehicles at the close of business; parking in the neighborhoods; and, trash being left on the public streets. While all issues have not been resolved, the Neighborhood Advisory Group process continues to provide a mechanism for continued conversation and the development of efforts aimed at resolving the problems. While efforts continue to address identified concerns, positive steps have been taken to resolve these issues. During the review period additional signs have been installed to direct patrons to the free parking in the nearby DHS garage. The signs were recently installed and it is anticipated that patrons will become more aware of the garage and how to access it. During Group discussions regarding trash on the streets in the vicinity of the establishments, it was agreed that clean up of identified streets would be moved to the morning following the previous night's closing. Each of the uses have an agreed upon use permit condition requiring that portions of streets near the establishment be cleaned following nightly close of business. By moving clean up to morning hours, the trash would be more visible and less likely to be overlooked. Recently some members of the Group identified in a letter to the County Board the need additional clean up efforts using the existing Smartscape Program and the need for additional Police presence in the area, particularly during close of business to assist with patron noise. The County will review this request during its budget process. An interim measure identified by the Group was to make use of parked Police vehicles at key locations in the Clarendon area. The Neighborhood Advisory Group will pursue this suggestion with the Police Department. The Neighborhood Advisory Group will continue to meet quarterly or as needed to work toward resolution of issues and concerns identified by the neighborhoods and the applicants. CONCLUSION The live entertainment establishments in the Clarendon area continue to thrive. The uses are relatively compliant with the conditions of use permit approval. The County's health and safety agencies including the Fire Marshal's Office, the Police Department and the Code Enforcement Office have not identified threatening safety hazards or discrepancies occurring in any of the establishments. The owners of the establishments continue to display a spirit of cooperation in their relationships with the County staff and the nearby neighborhoods. The neighborhoods and the owners continue to identify areas of impact that require attention by the County and the applicants. The Neighborhood Advisory Group meetings will continue to keep lines of discussion open

4 U , U , U & U , SP # and participants working toward resolutions. Therefore, it is recommended that the use permits be continued subject all previous conditions and with a review in one (1) year. (October 2003)

5 U , U , U & U , SP # PREVIOUS COUNTY BOARD ACTIONS: MR. DAYS: (SP #194 June 8, 1982 March 5, 1983 January 5, 1985 September 12, 1989 September 28, 1989 July 8, 1995 July 10, 1999 December 9, 2000 Approved site plan (Z ) for a 15-story office building containing 226,650 square feet of gross floor area. Approved site plan amendment (Z ) to add 10,493 square feet of site area and increase the gross floor area by 31,479 square feet. Approved abandonment of part of Fairfax Drive west of North Highland Street and adjacent to Lots Part 117 and Part 14, Block G, Lyon's Addition to Clarendon and a portion of the former Fairfax Drive adjacent to the Margaret Rees Strevey Property at the corner of Washington Boulevard and the area of Fairfax Drive, vacated on April 28, Deferred site plan amendment(z ) to the September 23, 1989 meeting. Approved site plan amendment(z ) to install two 6-foot diameter microwave dish antennae on the southeast and southwest corners of the roof, subject to conditions and with a review in five (5) years. Approved site plan amendment (SP #194) to permit live entertainment (jazz, salsa) and dancing in an existing restaurant subject to conditions and with a review in one (1) year. Continued site plan amendment (SP #194) to permit live entertainment jazz, salsa) and dancing in an existing restaurant subject to conditions and with a review in three (3) years. Deferred site plan amendment request (SP#194) to permit amend the hours and days of live entertainment and dancing from Wednesday through Saturday, 8:00 p.m. to midnight to seven (7) days a week 8:00 p.m. to 1:30 a.m. to the January 27, 2001 County Board meeting.

6 U , U , U & U , SP # January 27, 2001 January 26, 2002 Approved site plan amendment request (SP#194) to amend the hours and days of live entertainment and dancing from Wednesday through Saturday, 8:00 p.m. to midnight to seven (7) days a week from 8:00 p.m. to 12:30 p.m. on Sundays, Mondays, Tuesdays, Wednesdays and Thursdays; Fridays, and Saturdays from 8:00 p.m. to 1:30 a.m. and the Sundays, Mondays, Tuesdays and Wednesdays that occur on the eve of a federal holiday from 8:00 p.m. to 1:30 a.m. subject to all previous conditions and a new condition #4 and with a review in one (1) year (January 2002). Continued site plan amendment (SP#194) for live entertainment and dancing from 12:30 p.m. on Sundays, Mondays, Tuesdays, Wednesdays and Thursdays; Fridays, and Saturdays from 8:00 p.m. to 1:30 a.m. and the Sundays, Mondays, Tuesdays and Wednesdays that occur on the eve of a federal holiday from 8:00 p.m. to 1:30 a.m. subject to all previous conditions with a new condition #5 and with an administrative review in four (4) months (May 2002) with a review by the County Board in ten (10) months (October 2002). CLARENDON BALLROOM (U ) July 31, 2000 July 28, 2001 July Approved use permit (U ) for live entertainment in a new restaurant, seven days a week from 6:00 p.m. to 2:00 a.m., Mondays through Fridays, and from 11:00 a.m. to 2:00 a.m., Saturdays and Sundays with a review in one (1) year. (July 2001) Continued use permit (U ) for live entertainment in a new restaurant, seven days a week from 6:00 p.m. to 2:00 a.m., Mondays through Fridays, and from 11:00 a.m. to 2:00 a.m., Saturdays and Sundays with a review in one (1) year. (July 2002) Continued use permit (U ) for live entertainment in a new restaurant, seven days a week from 6:00 p.m. to 2:00 a.m., Mondays through Fridays, and from 11:00 a.m. to 2:00 a.m., Saturdays and Sundays with a review in three (3) months. (October

7 U , U , U & U , SP # ) CLARENDON GRILL (U ) February 3, 1996 February 08, 1997 February 12, 2000 November 18, 2000 Approved a Use Permit (U ) for live entertainment in conjunction with an existing restaurant, seven days a week, from 6:00 p.m. to 2:00 a.m., Monday through Friday and from 11:00 a.m. to 2:00 a.m. on Saturday and Sunday with a review in one (1) year. (February 1997) Continued use permit (U ) for live entertainment and dancing in an existing restaurant subject to all previous conditions and review in three (3) years. (February 2000) Continued use permit (U ) for live entertainment and dancing in an existing restaurant subject to all previous conditions and review in nine months. (November 2000) Continued use permit (U ) for live entertainment and dancing with a review in one (1) year. (November 2001). November 17, 2001 Continued use permit (U ) for live entertainment and dancing with an new condition #6 and with an administrative review in six (6) months and a review by the County Board in one (1) year (November 2002). WHITLOW'S ON WILSON (U & U ) October 14, 1995 October 14, 1995 Approved Use Permit (U ) for live entertainment in a restaurant, seven days a week, from 11:00 a.m. to 2:00 a.m., subject to conditions and a review in one (1) year. Approved Use Permit (U ) for a comprehensive sign plan for three (3) signs containing a total of 110 square feet of sign area, subject to conditions.

8 U , U , U & U , SP # July 20, 1996 October 5, 1996 July 19, 1997 July 14, 1999 July 31, 2000 November 18, 2000 December 18, 2000 Approved Use Permit (U ) for an outdoor cafe with 32 seats operating between 11:00 a.m. and 12:30 a.m., subject to conditions and a review in one (1) year. Continued a Use Permit (U ) for live entertainment in a restaurant, seven days a week, from 11:00 a.m. to 2:00 a.m., subject to conditions and a review in nine months. Continued a Use Permit (U ) for live entertainment in an existing restaurant and Use Permit (U ) for an outdoor café subject to all previous conditions, new Condition #4, administrative reviews in two months, and a review by the County Board in two (2) years. Continued use permits for live entertainment (U ) in an existing restaurant and for café seating (U ), subject to all previous conditions, and with a review in one (1) year (July 2000). Adopted motion to amend use permit (U ) for live entertainment to include dancing but accepted withdrawal by applicant. Continued (U ), subject to previous Condition #2, amended Conditions #1 and #3, and additional Conditions #4 through #7, and with a review in six (6) months (January 2001). Continued use permit (U ) for outdoor café seating, subject to all previous conditions, and with a review in six (6) months (January 2001). Deny amendment request to amend hours of live entertainment for Wednesday through Thursday from 6:00 p.m. to 12:00 a.m., to 6:j00 p.m. to 12:30 a.m. for Sunday through Tuesday from 6:00 p.m. to 2:00 a.m. to 6:00 p.m. to 1:30 a.m., for holiday eves and holidays treat the same as Friday and Saturday in terms of type of entertainment and hours from 6:00 p.m. to 1:00 a.m. Review in six (6) months. In reconsidering the November 18, 2000 action on live entertainment use permit (U ) at the December 18, 2000 recessed County Board meeting, continued subject to revised conditions, and with a review in six (6)

9 U , U , U & U , SP # months. January 27, 2001 June 9, 2001 December 8, 2001 Continued a use permit (U ) for outdoor restaurant seating, subject to all previous conditions, and with a review in five (5) months. Continued use permits (U ) for live entertainment and (U ) for outdoor restaurant seating, subject to all previous conditions, and with a review in six (6) months (December 2001). Continued use permits (U ) for live entertainment and (U ) for outdoor restaurant seating, subject to all previous conditions with a new condition #8 and with a review by the County Board in eleven months (November 2002).