ARLINGTON COUNTY, VIRGINIA County Board Agenda Item Meeting of March 18, 2017 DATE: February 28, 2017 SUBJECT: SP #269 SITE PLAN AMENDMENT REVIEW for live entertainment and dancing at ; located at 4100 Fairfax Drive (RPC# 14-046-025). Applicant: A-Town Bar & Grill 4100 Fairfax Drive Arlington, Virginia By: Mr. Scott Parker, Co-Owner 4100 Fairfax Drive Arlington, Virginia C.M. RECOMMENDATION: Adopt the attached ordinance to renew the site plan amendment subject to all previously approved conditions, amended Condition #57, and with a County Board review in one (1) year (March 2018). ISSUES: This is a six (6) month site plan amendment review for live entertainment and dancing at (referred to as A-Town for this report), and no issues have been identified. SUMMARY: Since September 2016, there have been no documented violations of site plan conditions. The Zoning Enforcement office noted that the A-Town management has been holding quarterly meetings with the neighboring civic and condo associations (per Condition #57.f.), and that they recently completed another TIPS training for new staff (per Condition #57.k.). The Fire Marshal and the Virginia Alcoholic Beverage Control (ABC) Board reported no issues with the renewal of the site plan amendment. The Police Department indicated that A- Town, overall, has been improving since the last review (September 2016). Nevertheless, there County Manager: ##### County Attorney: ***** Staff: Adam Watson, DCPHD, Planning Division 4.
were several calls for Police service, including three (3) calls regarding fights/assaults and five (5) calls in reference to noise complaints on Sundays during the past six (6) months (September 20, 2016 and February 7, 2017). Staff contacted the Ballston-Virginia Square Civic Association (BVSCA), as well as representatives of the Altavista and Berkeley Condominiums as part of this review. The BVSCA President indicated that A-Town has been making a good effort to improve communications and relations with neighbors, and that some neighbors at the previous community meeting had been complimentary of A-Town staff. Representatives from both the Altavista and the Berkeley Condominiums stated that A-Town, while not perfect, was making an effort to improve and that the quarterly community meetings were helpful. Therefore, staff recommends adoption of the attached ordinance to renew the site plan amendment, subject to all previously approved conditions, amended Condition #57, and with a County Board review in one (1) year (March 2018). BACKGROUND: The subject site plan amendment for live entertainment and dancing was originally approved in May 2009 when the restaurant was known as Caribbean Breeze. At the time of initial approval, the residents of the Berkeley Condominium, located across Fairfax Drive to the north, expressed complaints about the noise generated by patrons in the applicant s outdoor patio, which is located adjacent to the restaurant in a courtyard on private property. The complaints focused primarily on the late night outdoor games such as corn hole and mini basketball, and noise generated by televised sporting events. The outdoor cafe is located on private property and is not located in a public right-of-way or public easement and therefore is permitted by-right. In November 2012, the restaurant changed its name from Caribbean Breeze to. At the June 2013 County Board meeting, the conditions of approval were revised to address the issues raised by neighborhood residents. The amended conditions reduced the permitted hours of live entertainment on Sundays; required the applicant to turn off all televisions visible from the outdoor café at 10 p.m. Sundays through Thursdays, and 11 p.m. Fridays and Saturdays (in accordance with the revised outdoor café ordinance adopted on May 18, 2013); required the applicant to cease outdoor games at the same times; required security personnel to patrol the outdoor café area; and required the applicant to develop a Noise Control Plan by September 1, to be reviewed and approved by staff. The Noise Control Plan was approved in September 2013 and revised in March 2014 in order to permit the applicant s proposed curtains to hang from the awnings. The Plan involved a first phase where awnings would be installed in the outdoor café area in the hope of preventing sounds from echoing around the concrete plaza area. The second and last phase would involve installing theater-style curtains to draw around the outdoor café area, subject to the approval of the landlord. At the December 2013 County Board meeting, the County Board granted a modification of the Zoning Ordinance regulations for outdoor cafes in order to permit the applicant to enclose the outdoor café area with curtains or similar material, in order to reduce noise emanating from the outdoor patio. Due to building Code issues, the applicant decided to not install the curtains, instead offering at the June 2014 County Board meeting to close the outdoor café entirely at an earlier time. At the June 2014 County Board meeting, the applicant agreed to close the outdoor café at 9 p.m. Sundays, at 10 p.m. Mondays through Thursdays, and 12 a.m. (midnight) Fridays and Saturdays. In March 2015, the County Board renewed the site plan SP #269 Site Plan Amendment Review - 2 -
amendment for six (6) months, noting that noise and patron disturbances remain an issue, particularly on Sundays. At the September 2015 County Board meeting, the County Board renewed the site plan amendment and amended conditions #57.f. and #57.h. Condition #57.f. states that the applicant would coordinate and host a standing, quarterly community meeting to address issues or concerns with the restaurant. The meeting invitations would be extended to the affected civic/condominium associations and the Arlington County Police Department. Furthermore, Condition #57.h. was amended to require that televisions located above the indoor bar would not be visible to the outdoor patio after 9 p.m. Sundays, 10 p.m. Mondays through Thursdays, and 11 p.m. Fridays and Saturdays. At the September 2016 County Board meeting, the County Board renewed the site plan amendment and amended Condition #57, limiting the live entertainment and dancing use to six (6) months, pending a County Board review. The Fire Marshal s Office documented an overcrowding incident at the restaurant in January 2016 which was resolved by the time of the County Board meeting. In addition, members of the public expressed concern that the quarterly meetings between A-Town staff and the surrounding civic and condominium associations, required per Condition #57.f., had not been occurring. The following provides additional information about the site and location: Location of 4100 Fairfax Drive: N O R T H Source: Google Maps SP #269 Site Plan Amendment Review -3-
Street view of (4100 Fairfax Drive) Source: Google Maps DISCUSSION: Since the last County Board Review (September 24, 2016): Site Plan Conditions: On February 17, 2017, the Zoning Office relayed that no violations or issues related to the site plan conditions of approval were identified. Community Code Enforcement: The Code Enforcement Office has not reported any issues with renewal of the site plan amendment. Police Department: The Police Department indicated that A-Town, overall, has been improving. Another TIPS training for new A-Town staff was just completed in mid- February, per Condition #57.k. Nevertheless, over the past six (6) months there were three (3) fights/assaults on Sundays. The Police Department provided the following statistics: Between September 20, 2016 and February 7, 2017 there were 27 total calls for service dispatched, including five (5) false alarm calls, involving A-Town. This is roughly similar to the number of total calls reported in the previous reporting period (March 1 through September 19, 2016), when there were 23 calls for service, and six (6) false alarms. Of the 27 calls for service during this review period, 15 were on Sundays. o Of those 15 calls, five (5) were in reference to noise complaints, and three (3) were in reference to fights/assaults. For comparison, during the previous reporting period (March 1 through September 19, 2016) there were two (2) calls regarding noise, and four (4) calls regarding fights/assaults. SP #269 Site Plan Amendment Review - 4 -
o The general timeframe for these 15 calls for service was between the hours of 6:48 p.m. and 2:19 a.m. Only three (3) of these 15 calls for service occurred during the approved hours for live entertainment and dancing on Sundays (live entertainment and dancing is permitted from 2 p.m. to 8 p.m. on Sundays). Fire Marshal s Office: The Fire Marshal s Office had no issues or concerns to report. Virginia Alcoholic Beverage Control (ABC) Board: Virginia ABC reports no issues with the site plan amendment renewal. The applicant has paid the fine for the overcrowding incident that occurred in January 2016. Neighborhood: The site is located within the Ballston-Virginia Square Civic Association (BVSCA). Staff contacted the BVSCA, as well as the Altavista and Berkeley Condominiums for this review. The BVSCA President indicated that A-Town has been making a good effort to improve communications and relations with neighbors, and that some neighbors at the previous community meeting had been complimentary of A-Town staff. Representatives from both the Altavista and the Berkeley Condominiums stated that A- Town, while not perfect, was making an effort to improve compliance and the quarterly community meetings were helpful. Two (2) complaints about noise from persons outside of A-Town or in the patio area late on Sunday evenings were reported from residents of the Berkeley. Given that there have been no documented violations of site plan conditions, no issues reported from the Fire Marshal or the Virginia ABC, and the Police Department and neighboring civic/condo associations have reported overall improvement with A-Town s efforts to minimize impacts to surrounding properties and address neighbors concerns during the review period, staff recommends a one (1) year County Board review (March 2018). CONCLUSION: Staff recommends adoption of the attached ordinance to renew the site plan amendment, subject to all previously approved conditions, amended Condition #57, and with a County Board review in one (1) year (March 2018). SP #269 Site Plan Amendment Review - 5 -
SITE PLAN AMENDMENT ORDINANCE WHEREAS, an application dated March 17, 2009, for a Site Plan Amendment for Site Plan #269 for live entertainment and dancing was filed with the Office of the Zoning Administrator; and WHEREAS, as indicated in Staff Report(s) prepared for the March 18, 2017 County Board meeting and through comments made at the public hearing before the County Board, the County Manager recommends that the County Board approve a renewal of the Site Plan Amendment subject to all previous conditions, with amended Condition #57 as set forth below; and WHEREAS, the County Board held a duly-advertised public hearing on that Site Plan Amendment on March 18, 2017 and finds, based on thorough consideration of the public testimony and all materials presented to it and/or on file in the Office of the Zoning Administrator, that the improvements and/or development proposed by the Site Plan as amended: Substantially complies with the character of master plans, officially approved neighborhood or area development plans, and with the uses permitted and use regulations of the district as set forth in the Zoning Ordinance or otherwise modified as follows: o Section 12.9.15.A.2., ( outdoor cafes shall not be enclosed ), modified to permit temporary enclosure of the outdoor café by theater-style curtains; and Functionally relates to other structures permitted in the district and will not be injurious or detrimental to the property or improvements in the neighborhood; and Is so designed and located that the public health, safety and welfare will be promoted and protected. NOW THEREFORE, BE IT ORDAINED that, as originally requested by an application dated November 19, 1988 for Site Plan #269, and as such application has been modified, revised, or amended to include the drawings, documents, conditions and other elements designated in the conditions below (which drawings, etc. are hereafter collectively referred to as Revised Site Plan Application ), for a Site Plan Amendment for live entertainment and dancing, for the parcel of real property known as RPC# 14-046-025 and 4100 Fairfax Drive approval is granted and the parcel so described shall be used according to the site plan as originally approved on November 19, 1988 and amended from time to time as shown in the records of the Office of Zoning administration, and as amended by the Revised Site Plan Application, subject to all previous conditions, and Condition #57 amended as follows: 57. The applicant agrees that the live entertainment and dancing use permitted at 4100 Fairfax Drive is a temporary use that has been approved for a limited (six) month one (1) year period, and not longer. During the limited (six) month one (1) year period, the use is SP #269 Site Plan Amendment Review - 6 -
permitted subject to all site plan conditions, and subject to the same reviews that could otherwise be made of any site plan use. The applicant further agrees that approval for the use will terminate after a period of six (6) months one (1) year on March 31, 2017 2018, without further action by the County Board. The applicant agrees that it will cease live entertainment and dancing on or before March 31, 2017 2018. The applicant acknowledges and agrees that after March 31, 2017 2018, it shall have no right to offer live entertainment and dancing unless specific approvals for these uses are obtained from the County Board. In addition to all other conditions of this site plan, the applicant specifically agrees that the live entertainment and dancing use shall be subject to the following additional conditions: a) The applicant agrees that live entertainment and dancing will be limited to Thursday, Friday, Saturday, from 5 p.m. to 1:30 a.m., and Sunday 2 p.m. to 8 p.m. b) The applicant agrees to comply with all requirements of County and State Ordinances, the Environmental Health Bureau, the Fire Marshal s Office, the Police Department, Community Code Enforcement Office and the Alcohol Beverage Control Board. c) The applicant agrees to comply with the noise limits established in the County Noise Control Ordinance, or successor Ordinance regulating noise. d) The applicant agrees to ensure that all windows and doors shall remain closed when live entertainment is being offered. The applicant agrees that no live entertainment shall be permitted outdoors, and further agrees to ensure that live entertainment performances inside the restaurant will not be broadcast to the exterior of the restaurant over the restaurant s audio system. e) The applicant agrees no customer dancing shall occur without the applicant first obtaining approval of a Dance Hall permit. f) 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 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 President of the Ballston-Virginia Square Civic Association and the Presidents of the Berkeley Condominium Association and the Alta Vista Condominium. The applicant further agrees to coordinate and host a standing community meeting on a quarterly basis to discuss issues and concerns with the operation of the restaurant. The applicant shall invite the presidents of the Ballston-Virginia Square Civic Association, the Berkeley Condominium Association, the Altavista Condominium Association, and the Arlington County Police Department. g) The applicant agrees the restaurant live entertainment use shall terminate upon the termination of the current tenant lease or upon vacation of the current tenant from the subject site and shall not transfer to any other tenant without subsequent approval by the County Board of a new site plan amendment request. h) The applicant agrees to turn off all radios, televisions, or other electronic devices (whether or not they are silent) that are located in or visible to, the outdoor café area, at 10 p.m. Sunday through Thursday, and 11 p.m. Friday and Saturday. The SP #269 Site Plan Amendment Review - 7 -
televisions placed above the indoor bar (approximately 30 feet inside the restaurant) may be on after those times subject to the applicant closing the blinds so that the televisions are not visible to the outdoor patio after 9 p.m. Sundays, 10 p.m. Mondays through Thursdays, and 11 p.m. Fridays and Saturdays. The applicant further agrees that all outdoor games or activities, including, but not limited to, cornhole or minibasketball, shall cease at 10 p.m. Sunday through Thursday, and 11 p.m. Friday and Saturday. The applicant further agrees to close the outdoor café area at 9 p.m. Sundays, at 10 p.m. Mondays through Thursdays and at 12 a.m. Fridays and Saturdays. i) The applicant agrees to employ no fewer than one (1) security guard to work on the premises at all times live entertainment and dancing are offered. Said security guard shall also patrol the outdoor café area. The applicant further agrees that the security guard(s) shall make all reasonable efforts to disperse patrons from the privatelyowned courtyard area after they have left the restaurant premises. The applicant agrees that security staff shall also monitor noise from patrons in the outdoor café area. j) The applicant agrees to abide by the approved Noise Control Plan for the outdoor café area, which may include, but not be limited to, installation of soundproofing and nonpermanent enclosures such as curtains or a canopy. The applicant agrees to implement the plan throughout the life of the live entertainment approval. k) The applicant agrees that all designated ABC managers and all current and future employees, employed on, or before February 15, 2014, who serve alcoholic drinks, and any other qualifying employees, shall attend and complete either TIPS training or equivalent training offered by the Virginia Department of Alcohol Beverage Control by March 30, 2014. Proof of such training (by providing completion certificates) for current employees shall be submitted to the Zoning Administrator by March 31, 2014. New employees hired by the establishment after February 15, 2014, shall complete training within 30 days of employment and a copy of the certificates shall be submitted to the Zoning Administrator within 10 days of completion of the training. SP #269 Site Plan Amendment Review - 8 -
PREVIOUS COUNTY BOARD ACTIONS: December 2, 1978 May 31, 1980 November 19, 1988 October 12, 1991 October 9, 1993 July 9, 1994 April 25, 2009 May 16, 2009 November 17, 2009 November 13, 2010 Amended the General Land Use Plan for the Ballston Metro Station Area 2 (GP-110-78-1) to a Coordinated Mixed Use Development District. Amended the zoning (Z-2181-80-6) from C-2 to C-O-A. Approved a site plan [Z-2181-80-6 (SP-7)], now known as SP #269, for a mixed-use project, subject to conditions. Amended Site Plan #269 to extend the term to November 19, 1994, subject to all previous conditions and amended condition #56 and new condition #57. Denied a site plan amendment to transfer office density from SP #269 to SP #256, and residential density from SP#256 to SP #269. Approved a site plan amendment (SP #269) to incorporate additional site area, and a totally revised residential building, with new conditions for the residential building superseding all previous conditions, and the office building conditions remaining as approved November 19, 1988. Deferred a site plan amendment (SP #269) for a to May 16, 2009. Approved a site plan amendment (SP #269) for a subject to conditions and with a County Board review in six (6) months (November 2009). subject to conditions and with a County Board review in one (1) year (November 2010). SP #269 Site Plan Amendment Review - 9 -
subject to conditions and with a County Board review in three (3) years (November 2013). June 18, 2013 December 14, 2013 June 17, 2014 September 20, 2014 March 14, 2015 September 19, 2015 subject to new condition #57 (replacing all existing conditions) with an administrative review in three months (September 2013) and a County Board review in six months (December 2013). subject to amended condition #57 with an administrative review in three months (March 2014) and a County Board review in six months (June 2014). subject to amended condition #57 with County Board review in three (3) months (September 2014). subject to amended condition #57 with County Board review in six (6) months (March, 2015). subject to all previously approved conditions with an administrative review in three (3) months (June, 2015) and a County Board review in six (6) months (September 2015). Adopted the ordinance to renew the site plan amendment (SP #269), subject to all previously approved conditions and one (1) amended Condition #57, with an administrative review in six (6) months (March 2016) and a County Board review in one (1) year (September 2016) with amendments to the language for sub-sections of Condition #57 (sub-sections a, f, and h ). September 24, 2016 Adopted the ordinance to renew the site plan amendment (SP #269), subject to all previously approved conditions and one (1) amended SP #269 Site Plan Amendment Review - 10 -
SP #269 Site Plan Amendment Review - 11 - Condition #57, with a County Board review in six (6) months (March 2017).
RC C-2 1011 1000 RC 4201 FAIRFAX DR 4040 935 N RANDOLPH ST 4200 N STAFFORD ST 4100 950 C-O-A 901 4001 900 915 900 9TH ST N 875 SP # 269 4100 Fairfax Dr RPC # 14-046-025 Scale: ICase Location(s) 1:1,200 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