ARLINGTON COUNTY, VIRGINIA County Board Agenda Item Meeting of June 13, 2015 DATE: June 2, 2015 SUBJECT: U-3349-15-3 USE PERMIT AMENDMENT to allow dancing in addition to the existing live entertainment at El Salvador Restaurant; located at 4805 Columbia Pike (RPC# 23-006-001). Applicant: Soledad Marreros, Owner El Salvador Restaurant 4805 Columbia Pike Arlington, Virginia 22204 C.M. RECOMMENDATION: Approve the use permit amendment, subject to all previously approved conditions, with revised Conditions #1 and #6, with an administrative review in six (6) months (December 2015) and with a County Board review in one (1) year (June 2016). ISSUES: This is a request to amend the existing use permit for live entertainment to allow dancing, and no issues have been identified. SUMMARY: This is a use permit amendment to allow dancing in addition to the existing live entertainment at El Salvador Restaurant. Dancing would occur during the approved hours of operation for live entertainment (Tuesdays, Fridays, Saturdays, and Sundays from 9 p.m. to 2 a.m.). The restaurant was approved for live entertainment without dancing in September 2013. The most recent use permit review occurred in September 2014. The live entertainment and dancing request at El Salvador Restaurant is not anticipated to cause an undue adverse impact on the surrounding neighborhood. The use permit is in compliance with the existing conditions of approval. Staff would like to monitor the effects of live entertainment and dancing by conducting an administrative review in six (6) months. Therefore, staff recommends that the use permit amendment be approved, subject to all previously approved conditions, with revised Conditions #1 and #6, with an administrative review in six (6) months (December 2015) and with a County Board review in one (1) year (June 2016). County Manager: ##### County Attorney: ***** Staff: Marco Antonio Rivero, DCPHD, Planning Division 9.
BACKGROUND: A use permit for live entertainment was denied by the County Board in May 1998 for El Salvador Restaurant. Subsequently, the restaurant changed ownership and staff assisted the restaurant owner with a new application by hosting a series of meetings with County staff, affected community members, and other interested parties to improve conditions at the restaurant. A use permit was approved by the County Board in September 2013 with an administrative review in six (6) months (March 2014) and a review by the County Board in one (1) year (September 2014). The County Board renewed the use permit in September 2014 subject to an administrative review in one (1) year (September 2015) and a County Board review in three (3) years (September 2017). The following provides additional information about the site and location: Site: The restaurant is the part of the Barcroft Shopping Center located at the intersection of South Buchanan Street and Columbia Pike. The approximately 48,942 sq. ft. shopping center is bounded by multi-family residences and 9 th Street South to the north, Columbia Pike and South Four Mile Run to the south, multi-family residences and a commercial building to the east, and the Washington and Old Dominion Trail to the west. Zoning: The site is zoned C-2 Service Commercial Community Business Districts (Arlington County Zoning Ordinance (ACZO) 7.17). Land Use: The site is designated on the General Land Use Plan (GLUP) as Service Commercial. Neighborhood: The site is located within the Barcroft School and Civic League and is adjacent to the Douglas Park Civic Association. Both civic associations were contacted about this use permit amendment. The president of the Douglas Park Civic Association noted that there have been no issues reported by the civic association members as of the date of this report. The Barcroft School and Civic League stated that no comments have been received by their civic association members as of the date of this report. U-3349-15-3 Use Permit Amendment - 2 - El Salvador Restaurant (addition of dancing to existing live entertainment)
Location of El Salvador Restaurant: 4805 Columbia Pike N O RT H Source: Bing Maps Photograph of El Salvador Restaurant (front entrance) U-3349-15-3 Use Permit Amendment - 3 - El Salvador Restaurant (addition of dancing to existing live entertainment)
DISCUSSION: Live entertainment is permitted on Tuesdays, Fridays, Saturdays, and Sundays from 9 p.m. to 2 a.m. The applicant is requesting that the live entertainment use permit be amended to include dancing during the approved hours of operation for live entertainment. Live entertainment and dancing are accessory to a restaurant use and are permitted under the regulations and guidance listed in the Arlington County Zoning Ordinance (ACZO) subject to use permit approval. The proposed addition of dancing to the live entertainment approval is not anticipated to cause an undue adverse impact on the surrounding neighborhood. The Arlington County Police Department reported calls for service within the vicinity of the shopping center but not directly related to the live entertainment at El Salvador Restaurant. Staff recommends amending Condition #1 of the use permit to include dancing to existing live entertainment and Condition #6 specifying that dancing is not permitted unless and until a dance hall permit is obtained from the Zoning Office (language referencing a use permit amendment is proposed to be removed). In order to monitor the addition of dancing to live entertainment at this location and to verify use permit condition compliance, staff is also recommending an administrative review in six (6) months. CONCLUSION: The addition of dancing to the existing live entertainment at El Salvador Restaurant is not anticipated to cause an undue adverse impact on the surrounding neighborhood. The use permit is in compliance with the existing conditions of approval. Staff would like to monitor the effects of live entertainment and dancing by conducting an administrative review in six (6) months. Therefore, staff recommends that the use permit amendment be approved, subject to all previously approved conditions, with revised Conditions #1 and #6, with an administrative review in six (6) months (December 2015) and with a County Board review in one (1) year (June 2016). Revised Condition #1: 1. The applicant agrees that live entertainment and dancing is permitted only from 9 p.m. to 2 a.m., and only on Tuesdays, Fridays, Saturdays and Sundays. Revised Condition #6: 6. The applicant agrees that dancing is not permitted unless and until a use permit amendment is approved by the County Board and a dance hall permit is obtained from the Zoning Office. U-3349-15-3 Use Permit Amendment - 4 - El Salvador Restaurant (addition of dancing to existing live entertainment)
PREVIOUS COUNTY BOARD ACTIONS: May 16, 1998 November 17, 2012 May 18, 2013 September 21, 2013 September 20, 2014 Denial of a use permit (U-2935-98-1) for operation of live entertainment in an existing restaurant three (3) nights a week, from 9:30 p.m. to 1:45 a.m. on Fridays, Saturdays, and Sundays at 4805 Columbia Pike. Deferred a use permit (U-3349-12-2) to allow live entertainment for a period of six (6) months (until May 2013) to allow the applicant time to address the operational issues raised by the Police Department and the concerns raised by the surrounding civic associations. Deferred a use permit (U-3349-12-2) to allow live entertainment until the September 21, 2013, County Board meeting to allow the applicant time to implement appropriate security measures and staffing for the restaurant, to address the operational issues raised by the Police Department, and to address the concerns raised by the surrounding civic associations. Approved a subject use permit (U-3349-12-2) to allow live entertainment, subject to the use permit conditions numbers 1 through 12 set forth in the staff report, with an administrative review in six (6) months (March 2014) and a review by the County Board in one (1) year (September 2014). Renewed a subject use permit (U-3349-12-2) to allow live entertainment, subject to all previously approved conditions, with an administrative review in one (1) year (September 2015) and review by the County Board in three (3) years (September 2017). U-3349-15-3 Use Permit Amendment - 5 - El Salvador Restaurant (addition of dancing to existing live entertainment)
Approved Conditions: 1. The applicant agrees that live entertainment is permitted only from 9 p.m. to 2 a.m., and only on Tuesdays, Fridays, Saturdays and Sundays. 2. The applicant agrees to comply, by way of illustration and not limitation, with all applicable requirements of County and State Ordinances, the Environmental Health Bureau, and the Fire Marshal, the Police Department and the Alcohol Beverage Control Board (ABC). 3. The applicant agrees that on-site dedicated security shall be provided from 9:00 p.m. until closing on nights on which live entertainment is provided. The applicant further agrees that, dedicated security will consist of at least two (2) security persons working on-site at all times, as follows: at least one (1) person will be stationed at the door of the restaurant; and at least one (1) security person will be working within the restaurant. 4. The applicant agrees to comply with the Arlington County noise ordinance and further agrees that the restaurant s windows and doors shall remain closed during the times of live entertainment except for the purposes of entry, egress, and other intermittent uses, such as serving an outdoor seating area. Under no circumstances shall live entertainment be permitted outside of the building or broadcast over loudspeakers outside of the building. The applicant agrees that doors shall not be propped open during live entertainment. The applicant agrees that live entertainment shall be restricted to the restaurant space, which is depicted on the floor plan attached to this report (the applicant further specifically agrees that dancing is not permitted under this use permit). The applicant expressly agrees that only the area shown on the attached plan may be used for live entertainment. To the extent that live entertainment is amplified using an internal speaker system, the applicant agrees that live entertainment shall not be piped to areas other than the space depicted in the attached floor plan. 5. The applicant agrees to provide, to all staff, TIPS (Training for Intervention Procedures), RSVP (Responsible Sellers and Servers), or similar certification. All staff shall receive certification prior to the commencement of live entertainment. Evidence of the completion of such training shall be submitted to the County Manager upon her request. 6. The applicant agrees that dancing is not permitted unless and until a use permit amendment is approved by the County Board and a dance hall permit is obtained from the Zoning Office. 7. The applicant agrees to post signs inside all entrances that ask patrons to respect the residential neighborhoods and to avoid parking in the residential neighborhood. The signs shall be readily visible to entering patrons, and will be in both English and Spanish. 8. The applicant agrees to ensure that any patrons queuing outside should keep noise to a minimum. U-3349-15-3 Use Permit Amendment - 6 - El Salvador Restaurant (addition of dancing to existing live entertainment)
9. The applicant agrees to clean the sidewalk in front of their establishment as well as their property, following close of business each night, including removing all litter and sweeping cigarette butts and litter that may have accumulated from any outdoor seating area, if applicable. 10. The applicant agrees to designate and make available 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 who shall be available during the hours of the business operation to receive and respond to community concerns regarding the live entertainment. The name, telephone number, and e-mail address (if applicable) shall be submitted to the Zoning Administrator and a copy sent to the Barcroft School and Civic League and Douglas Park Civic Association. 11. The applicant agrees to establish, coordinate, and host standing biannual meetings between the operators of the business, the Barcroft School and Civic League, and the Douglas Park Civic Association and to notify the Zoning Administrator and the Civic Association presidents at least two (2) weeks in advance of the meeting. The applicant further agrees to invite the Police Department to attend all such meetings. The purpose of this meeting is to continue to improve communication and cooperation between the applicant and the nearby neighborhood. The applicant further agrees to submit a copy of minutes of these meetings to the Zoning Administrator to demonstrate its compliance with this condition. 12. The applicant agrees that if more than two (2) violations of use permit conditions or County ordinances are identified by the Zoning Administrator, the applicant will, within seven (7) days of receiving notice from the County Manager, cease and desist all live entertainment and dancing on the premises until the use permit is reviewed by the County Board at which point the County Board may renew, approve additional conditions, or discontinue the use permit. U-3349-15-3 Use Permit Amendment - 7 - El Salvador Restaurant (addition of dancing to existing live entertainment)
R-6 935 931 924 922 920 918 916 914 RA8-18 945 941 RA14-26 S BUCHANAN ST 965 926 928 930 932 934 967 969 971 973 4707 4819 4807 4805 4801 C-2 4821 4955 S-3A 4825 COLUMBIA PIKE 4714 S FOUR MILE RUN DR C-2 RA6-15 S FOUR MILE RUN DR RA14-26 U-3349-12-2 4805 Columbia Pike RPC# 23-006-001 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 Scale: ICase Location(s) 1:1,200 Planning Division