ARLINGTON COUNTY, VIRGINIA County Board Agenda Item Meeting of September 24, 2016 DATE: September 11, 2016 SUBJECT: U-3432-16-1 USE PERMIT REVIEW to allow live entertainment at Texas Jack s Barbecue; located at 2761 Washington Blvd. and 701 N. Daniel St. (RPC #18-041-003, -004, - 005). Applicant: Steve Roberts, Owner 2319 Stryker Avenue Vienna, Virginia 22181 C.M. RECOMMENDATION: Renew the use permit, subject to all previously approved conditions, with an administrative review in six (6) months (March 2017) and a County Board review in one (1) year (September 2017). ISSUES: This is a four (4) month review of a use permit for live entertainment at Texas Jack s Barbecue, and no issues have been identified regarding the live entertainment use. However, some nearby residents are concerned about the applicant s chosen landscape treatment for the area adjacent to the fence for the restaurant (a green screen was chosen by the applicant, in consultation with the County s Urban Forester). There are concerns regarding appropriate screening from the residences to the site and that a green screen would not provide the screening desired. Staff supports the chosen landscaping treatment because it will provide an added natural, screening element to the existing wooden fence that exists on the site. Staff recommends that a six (6) month administrative review occur to verify its installation. SUMMARY: In May 2016, the County Board approved a use permit to allow live entertainment at the establishment, subject to conditions of approval, with a review in four (4) months (September 2016). New use permits approved by the County Board are typically reviewed after one (1) year. However, the shorter County Board review period was intended to further analyze the effects of live entertainment, which would include follow-up actions provided County Manager: ##### County Attorney: ***** Staff: Marco Antonio Rivero, DCPHD, Planning Division Sophia Fisher, DCPHD, Planning Division 13.
by the applicant during this period. These actions included exploring added landscaping for the site (primarily along the strip of land adjacent to the property s fence) and providing decibel level testing at the site during hours of live entertainment (interested community members would be invited). Since June 2016, the applicant consulted with the County s Urban Forester to explore what options were feasible for landscaping at the site. The applicant proposes to install the green screen in September 2016 when cooler weather is expected (likely at the end of the month). However, some nearby are concerned about the applicant s chosen landscape treatment for the area adjacent to the fence for the restaurant. There are concerns regarding appropriate screening from the residences to the site and that a green screen would not provide the screening desired. Staff has determined that the green screen option is an appropriate solution, given the comments and guidance provided by the County s Urban Forester. Furthermore, there are no zoning or use permit condition compliance issues with this site, which includes no sound/noise issues related to this establishment. On July 22, 2016, the applicant sent interested, community members a request to observe live entertainment and to conduct a decibel level reading test. The applicant mentioned that live music was scheduled typically every Friday and Saturday from 9 p.m. to 12 a.m. However, since this invitation was sent, the applicant has not heard from interested, community members regarding this request. Staff recommends that a six (6) month administrative review occur to confirm that the landscaping option selected by the applicant (in consultation with the County s Urban Forester) has been installed and to continue monitoring the live entertainment use and use permit condition compliance. Therefore, staff recommends that the use permit be renewed, subject to all previously approved conditions, with an administrative review in six (6) months (March 2017) and a County Board review in one (1) year (September 2017). BACKGROUND: The current tenant, Texas Jack s Barbecue Restaurant was issued a certificate of occupancy in November 2015 for the restaurant space, and a subsequent certificate of occupancy was issued for the restaurant s outdoor café in April 2016. Staff met with the applicant, the Lyon Park Citizens Association president, and concerned residents on May 13, 2016, to further discuss concerns related to the site. Staff explained that the previous use permit and its conditions were discontinued in April 2006 when the use permit for Tallula Restaurant s live entertainment was last reviewed. Furthermore, the applicant explained what improvements and changes were made to the property in 2015 which included the removal of trees adjacent to a neighboring property. Finally, staff discussed the proposed conditions of approval for this use permit request and how they are standard conditions for live entertainment requests which should help mitigate any concerns related to noise, trash/site maintenance, and communication between the business owner and the community. In May 2016, the County Board approved a use permit to allow live entertainment at the establishment, subject to conditions of approval, with a review in four (4) months (September 2016). New use permits approved by the County Board are typically reviewed after one (1) year. However, the shorter County Board review period was intended to further analyze the effects of live entertainment, which would include follow-up actions provided by the applicant during this period. The applicant would explore the following during the recommended four (4) month County Board review period: U-3432-16-1 Use Permit Review - 2 -
1. Consult with the County s Urban Forester s Office and a landscape architect to see what possibilities exist for providing added landscaping (trees) to the site. 2. Provide decibel level testing at the restaurant during hours of live entertainment. The readings should be taken during a mutually acceptable time period which will be in coordination with the applicant, the Lyon Park Citizens Association, and any interested community members. The shorter review period and the follow-up actions identified above would assist in the analysis of the approved live entertainment and how it affects the surrounding residences. The following provides additional information about the site and location: NORTH Source: Google Maps Location of Texas Jack s Barbecue Restaurant: 2761 Washington Blvd and 701 N. Daniel St. U-3432-16-1 Use Permit Review - 3 -
Street view of Texas Jack s Barbecue Restaurant (2761 Washington Blvd and 701 N. Daniel St.) DISCUSSION: Since June 2016, the applicant consulted with the County s Urban Forester to explore what options were feasible for landscaping at the site. The County s Urban Forester provided various options including the installation of small evergreen trees on planters, upright shrubs on the small strip abutting the fence, or a green screen with vines. All options would require routine maintenance by the applicant. The applicant has since selected the green screen option which would contain Virginia Creeper vines as shown below. The applicant proposes to install the green screen in September 2016 when cooler weather is expected (likely at the end of the month). Below are images of the existing board-on-board fence (located between the establishment s parking lot and a single family residence) which will contain the green screen element and an image of Virginia Creeper vines. U-3432-16-1 Use Permit Review - 4 -
View of fenced area which will contain the green screen Image of Virginia Creeper vines On July 22, 2016, the applicant sent interested, community members a request to observe live entertainment and to conduct a decibel level reading test. The applicant mentioned that live music was scheduled typically every Friday and Saturday from 9 p.m. to 12 a.m. (which is in U-3432-16-1 Use Permit Review - 5 -
conformance with Condition #1 of the use permit). Staff contacted the applicant about this follow-up item. However, since this invitation was sent, the applicant has not heard from interested, community members regarding this request. Staff recommends that a six (6) month administrative review occur to confirm that the landscaping option selected by the applicant (in consultation with the County s Urban Forester) has been installed and to continue monitoring the live entertainment use and use permit condition compliance. Since the last County Board review (May 14, 2016): Use Permit Conditions: The applicant is in compliance with the use permit conditions, and no issues have been identified by the Zoning Office. Community Code Enforcement: The Code Enforcement Office has not reported any issues with the site. Police Department: The Police Department reports no issues with the site. Fire Marshal s Office: The Fire Marshal s Office reports no issues with the site. Civic Association: The site is located within the boundaries of the Lyon Park Citizens Association. Staff contacted the citizens association about the use permit, who then relayed this request to other interested community members. The Lyon Park Citizens Association discussed this item at their September 14 organizational meeting. At the meeting, the Association recommended that the use permit be renewed for one (1) year with a six (6) month administrative review in order to check on progress regarding outstanding issues with neighbors over sound. Some nearby residents are concerned about the applicant s chosen landscape treatment. There are concerns regarding appropriate screening from the residences to the site and that a green screen would not provide the screening desired. Some community members would like larger trees to be planted. However, given the presence of an existing board-on-board wood fence (separating a single family residence from the establishment s parking lot) and the narrow planting space between the residences and the restaurant s parking lot, this would be challenging to implement and maintain. Staff has determined that the green screen option is an appropriate solution, given the comments and guidance provided by the County s Urban Forester. Furthermore, there are no zoning or use permit condition compliance issues with this site, which includes no sound/noise issues related to this establishment. Requiring added landscaping for sound buffering purposes would not be appropriate given there are no issues with the live entertainment use. Staff recommends that the use permit be administratively reviewed in six (6) months to confirm the green screen installation and to follow up on use permit condition compliance. U-3432-16-1 Use Permit Review - 6 -
CONCLUSION: Live entertainment at this restaurant has not produced undue adverse impacts to the surrounding neighborhoods. Staff recommends that the use permit be administratively reviewed in six (6) months to confirm the green screen installation and to follow up on use permit condition compliance. Therefore, staff recommends that the use permit be renewed, subject to all previously approved conditions, with an administrative review in six (6) months (March 2017) and a County Board review in one (1) year (September 2017). U-3432-16-1 Use Permit Review - 7 -
PREVIOUS COUNTY BOARD ACTIONS: May 7, 1983 May 12, 1984 May 17, 1986 December 2, 1986 December 12, 1987 December 3, 1988 December 2, 1989 July 13, 1991 September 18, 1991 December 7, 1991 August 10, 1991 Approved use permit (U-2375-83-1) for live entertainment and with a review in one (1) year. Continued use permit (U-2375-83-1) subject to all previous conditions and with a review in two (2) years. Continued use permit (U-2375-83-1) with amended and additional conditions, and with a review in six (6) months. Continued use permit (U-2375-83-1) subject to all previous conditions, and with a review in one (1) year. Continued use permit (U-2375-83-1) subject to all previous conditions, and with a review in one (1) year. Continued use permit (U-2375-83-1) subject to all previous conditions and review in one (1) year. Continued use permit (U-2375-83-1) subject to all previous conditions and with a review in two (2) years. Deferred use permit (U-2375-83-1) amendment for one month to permit incorporation of 701 North Daniel Street into use permit and extension of hours to 2:00 a.m. Deferred use permit (U-2375-83-1) amendment to the December 7, 1991, County Board meeting to permit incorporation of 701 North Daniel Street into the use permit and extension of hours to 2:00 a.m. Deferred use permit (U-2375-83-1) amendment to the January 18, 1991, County Board meeting to permit incorporation of 701 North Daniel Street into the use permit and extension of hours to 2:00 a.m. Deferred use permit (U-2375-83-1) amendment for one month to incorporate 701 North Daniel Street into use permit and extension of hours to 2:00 a.m. U-3432-16-1 Use Permit Review - 8 -
January 18, 1992 January 16, 1993 January 8, 1994 January 7, 1995 October 10, 1996 April 12, 1997 April 4, 1998 April 21, 2001 April 22, 2006 Approved use permit (U-2375-83-1) amendment to incorporate 701 North Daniel Street into the use permit and denied extension of additional hours, subject to conditions and with a review in six months from the issuance of the certificate of occupancy but not to exceed one year from the date of County Board approval. Continued the use permit (U-2375-83-1) subject to all previous conditions and new conditions and with a review in one year or sooner if the renovations are completed within a year. Continued the use permit (U-2375-83-1) subject to all previous conditions with a review in one year. Continued the use permit (U-2375-83-1) subject to all previous conditions and with a review in three (3) years. Approved a Use Permit Amendment (U-2375-83-1) to permit an extension of days and times for live entertainment to seven nights per week, from 8:00 p.m. to 1:30 a.m. on Fridays and Saturdays, from 8:00 p.m. to 12:00 midnight Sundays through Tuesdays, and from 8:00 p.m. to 12:30 a.m. on Wednesdays and Thursdays, with a review in six (6) months. Continued the use permit (U-2375-83-1) subject to all previous conditions and with a review in one (1) year. Continued the use permit (U-2375-83-1) subject to all previous conditions and with a review in three (3) years. Continued the use permit (U-2375-83-1) subject to all previous conditions and one new condition (Condition #12) and with a review in five years (April 2006). Discontinued the use permit for live entertainment (live entertainment had not occurred at the establishment in over two (2) years). U-3432-16-1 Use Permit Review - 9 -
May 17, 2016 Approved a use permit (U-3432-16-1) to permit live entertainment at Texas Jack s Barbecue restaurant subject to the proposed conditions of the staff report (Conditions #1-9) and a County Board review in four (4) months (September 2016). U-3432-16-1 Use Permit Review - 10 -
Approved Conditions: 1. The applicant agrees that live entertainment is permitted only from 6 p.m. to 12 a.m., Sunday through Thursday; and from 6 p.m. to 1 a.m. Friday and Saturday. 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 to comply with the Arlington County Code Section 15, Noise Control, as may be amended, and further agrees that under no circumstances shall live entertainment be permitted in a location outside of the building or broadcast over loudspeakers outside of the building. The applicant agrees that doors and windows shall remain closed and shall not be propped open during live entertainment. 4. The applicant agrees that all staff serving alcohol to customers shall have TIPS (Training for Intervention Procedures) certification. 5. The applicant agrees that dancing is not permitted unless and until a use permit amendment for dancing is obtained from the County Board and a subsequent dance hall permit is issued by the Zoning Office. 6. The applicant agrees to post signs in windows which inform patrons to respect the peace of residential neighborhoods and to avoid parking in the residential neighborhood where possible. 7. The applicant agrees to clean the sidewalk in front of its establishment each morning, including sweeping cigarette butts and litter that may have accumulated from any outdoor seating area, if applicable. 8. 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 that 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 electronic mail address shall be submitted to the Zoning Administrator and a copy sent to the Lyon Park Citizens Association prior to commencing the live entertainment. 9. The applicant agrees that the approval for live entertainment at 2761 Washington Boulevard is valid only for Texas Jack s Barbecue. Any other tenant/owner occupying the premises shall not be permitted to have live entertainment without prior approval of the County Board. U-3432-16-1 Use Permit Review - 11 -
September 15, 2016 Members of the Arlington County Board: The Lyon Park Citizens Association requests that Arlington County approve the extension of the live entertainment permit requested by Texas Jack s Barbecue (U-3432-16-1) for one year, with a required six month administrative review to check on progress regarding outstanding issues with neighbors over sound. When meeting with representatives from the County and the restaurant in early Summer 2016 regarding live entertainment, neighbors in the area immediately surrounding the restaurant expressed concerns over the removal of trees that had originally been planted for privacy and noise reduction. While there have been several conversations between neighbors and the restaurant since then, these issues have not yet been resolved, and neighbors have real concerns over noise abatement related to live entertainment. The Association believes that it is possible to find a way forward that can remedy these concerns without negatively impacting restaurant operations, and encourages all involved to use this six month period to seek solutions. At the end of the six month period, we ask the County to evaluate good faith efforts by neighbors and the restaurant to find and implement changes to provide better sound protections surrounding the restaurant. Texas Jack s is a great addition to the Lyon Park neighborhood, and the Association remains invested in its continued success. We look forward to working with the County, the restaurant, and the neighbors to find long-term solutions. Sincerely, The Lyon Park Citizens Association www.lyonpark.org
2791 807 812 813 802 808 809 2779 N DANIEL ST 801 804 805 803 2790 R-5 712 717 800 741 736 737 N EDGEWOOD ST 2778 711 730 N DANVILLE ST 733 721 705 726 731 727 715 WASHINGTON BLVD 724 723 709 2762 701 2761 716 721 703 2758 2757 719 701 C-1 2649 2647 2645 2701 2619 612 606 602 RA8-18 R-6 U-3432-16-1 609 2717 C-2 2730 7TH ST N 2761 Washington Blvd. and 701 N. Daniel St. N PERSHING DR 2700 2704 2732 2708 2712 2718 2728 2726 2724 2722 2731 2642 2727 2725 2626 2632 2719 2622 2616 2618 2620 2612 I RPC # 18-041-003, -004, -005 Scale: Case 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