ARLINGTON COUNTY, VIRGINIA County Board Agenda Item Meeting of September 19, 2015 DATE: September 11, 2015 SUBJECTS: Outdoor Café at Citizen Burger Bar A. SP# 418 Site Plan Amendment to modify an approved condition to permit an outdoor cafe; located at 1051 N. Highland St. (RPC# 18-026-004) B. SP418-U-15-3 Use Permit associated with a site plan to permit an outdoor cafe for Citizen Burger Bar; located at 1051 N. Highland St. (RPC# 18-026-004) Applicant: Clarendon Entertainment, LLC d/b/a Citizen Burger Bar By: Anderson McClure, Owner 1051 N. Highland Street Arlington, Virginia 22201 C.M. RECOMMENDATIONS: A. Adopt the attached ordinance to approve the site plan amendment to modify condition #21 to reduce the required clear sidewalk width on North Highland Street from 12 feet to 6 feet. B. Approve the use permit for an outdoor café subject to the conditions of the staff report and with a County Board review in one (1) year (September 2016). County Manager: ### ## County Attorney: ***** Staff: Sophia S. Fisher, DCPHD, Planning Division Robert Gibson, DES 7.
ISSUES: This is a request to modify the required clear sidewalk width on North Highland Street and a use permit request to permit an outdoor café for Citizen Burger Bar. SUMMARY: The applicant is requesting approval of a site plan amendment to modify the required clear width for the sidewalk along North Highland Street from 12 feet to 6 feet, and a use permit request for an outdoor café in the public right-of-way. Due to the preservation of the historic façade, the sidewalk is slightly narrower adjacent to the restaurant than what is anticipated by the Clarendon Sector Plan, 15 feet instead of 18 feet. The applicant is proposing an outdoor café that is 6 feet wide. A sidewalk clear zone of at least 6 feet will be maintained around the perimeter of the proposed outdoor café, although it will not be completely straight as sidewalk clear zones typically are. Staff supports the applicant s proposal because an outdoor café in this location would serve to activate the streetscape along this corridor, and the proposal, as conditioned, would not result in an adverse impact to the surrounding community. Therefore, staff recommends that: A.) the County Board adopt the attached ordinance to approve the site plan amendment to modify Condition #21 to reduce the clear sidewalk on North Highland Street from 12 feet to 6 feet; and B.) that the County Board approve the use permit for an outdoor café subject to the conditions of the staff report and with a County Board review of the use permit in one (1) year (September 2016). BACKGROUND: On January 24, 2012, the County Board approved SP #418 to permit the construction of two office buildings consisting of 284,012 square feet of office space and 22,479 square feet of ground-floor retail space. In addition, the County Board approved the transfer of development rights (TDR) to this site in the amount of 144,211 square feet in exchange for the preservation of historically significant buildings within Clarendon. Construction was completed in early 2014. Two (2) outdoor cafés have been approved for the project: on the Washington Boulevard frontage at North Garfield Street (the planned RA Sushi restaurant) and on the North Garfield Street frontage at 11 th Street North (Bowl d, which opened in March 2015). The following provides additional information about the site and location: Site: The 1.13-acre (49,295 square feet) subject site is located on the block bounded by 11 th Street North on the north, North Garfield Street on the east, Washington Boulevard on the south, and North Highland Street on the west. The site is surrounded by the following land uses: To the north: To the east: 11 th Street North and the Clarendon Center development (SP #397). The property is designated High Office-Apartment-Hotel on the General Land Use Plan (GLUP) and within the Clarendon Revitalization District (GLUP Note 12). The site is zoned C-O Commercial Office Building, Hotel and Multiple-Family Dwelling Districts. North Garfield Street and the Clarendon 1021 condominium building (by-right development). The property is designated Medium Density Mixed-Use on the GLUP and within the Clarendon Revitalization District (GLUP Note 12). The site is zoned C-R Commercial Development Districts. SP# 418 & SP418-U-15-3 - 2 -
To the south: To the west: Washington Boulevard and the Reserve at Clarendon Centre apartment building (SP #343). The property is designated Medium Density Mixed-Use on the GLUP and is within the Clarendon Revitalization District (GLUP Note 12). The site is zoned C-R Commercial Development Districts. North Highland Street and the Olmstead office building (SP #194). The property is designated High Office-Apartment-Hotel on the GLUP and is within the Clarendon Revitalization District (GLUP Note 12). The site is zoned C-O Commercial Office Building, Hotel and Multiple-Family Dwelling Districts. Zoning: C-3 General Commercial Districts. General Land Use Plan Designation: Medium Density Mixed Use (3.0 FAR); Clarendon Revitalization District (GLUP Note 12). Neighborhood: The site is located within the Clarendon-Courthouse Civic Association (CCCA). The Lyon Park Citizens Association is across Washington Boulevard from the site. Staff contacted the presidents of the CCCA, Lyon Park Citizens Association, the Lyon Village Citizens Association and the Clarendon 1021 Condominium Association. Clarendon 1021 responded that they have no concerns with the application, while the other three civic associations replied that they had taken no formal position on the application. 1051 N. Highland Street N O R T H Source: Google Maps SP# 418 & SP418-U-15-3 - 3 -
DISCUSSION: The applicant has submitted a site plan amendment request to modify the required clear sidewalk width on North Highland Street and a use permit to allow an outdoor café for Citizen Burger Bar. The proposed outdoor café will have 16 seats at 8 tables. At the time the site plan was approved, the County was in the process of updating the regulations for outdoor cafes, and the application was approved with a requirement that there be a 12-foot wide clear zone on the sidewalk on the east side of North Highland Street. Due to the preservation of the historic façade, the sidewalk in the subject location is 15 feet wide. The policies of the Clarendon Sector Plan would typically call for an 18-foot wide sidewalk for that section of North Highland Street, with a 6-foot furniture zone, 6-foot clear zone, and a 6-foot café zone. The applicant is proposing an outdoor café that is 6 feet wide and located directly adjacent to the building façade. Sidewalk clear zone is typically provided in a straight line that is not interrupted. Although the proposed outdoor café causes a slight jog in the sidewalk clear zone, the impact of that is mitigated by the fact that the existing bicycle rack and bench will be moved Proposed outdoor café North Highland Street SP# 418 & SP418-U-15-3 - 4 -
so there will be no obstructions between the outdoor café and the curb. The relocation of the bicycle rack and bench was approved administratively in June 2015. Condition #7 requires that the relocation of the bicycle rack and bench be completed prior to the issuance of a Certificate of Occupancy for the outdoor café. The proposed layout does maintain a clear zone that is a minimum of 6 feet wide around the perimeter of the outdoor café area, and the applicant has agreed to a condition that requires that the outdoor furniture be moved towards the façade of the building when the café is not in operation, which will provide more room for pedestrian circulation. Area proposed for outdoor café (approximate) Source: Google Street View: the bicycle rack and bench shown will be removed prior to the issuance of a Certificate of Occupancy for the outdoor seating. Outdoor café seating located in a public use easement is permitted with a use permit under Article 12.9.14 of the Zoning Ordinance, unless there is either a site plan condition that specifically allows outdoor café seating in public easement areas or the seating area is located on private property, in which case no use permit is required. Site Plan #418, as amended, is not subject to such a condition, therefore a use permit is required. The proposed outdoor café meets the standards of Section 12.9.14 of the Zoning Ordinance. SP# 418 & SP418-U-15-3 - 5 -
North Highland Street provides an important connection between the Lyon Park community and the Clarendon Metro station, and therefore has a high volume of pedestrian traffic. The outdoor café will maintain a minimum of a six (6) foot clear zone on the sidewalk to facilitate pedestrian movement, and no permanent fixtures will be installed. The applicant s proposal meets County practice and policies for outdoor cafes located on public sidewalks and will not impede pedestrian movement in the area, or result in adverse impacts to the surrounding communities. The subject building includes office space above ground floor retail, and the outdoor seating would not impact occupants during hours of operation. The proposed outdoor café is located in a mixed-use, high density area and will activate the streetscape in the location proposed. CONCLUSION: Staff supports the applicant s proposal because it will serve to activate the streetscape at the location proposed, and will not result in an adverse impact to the surrounding community. Therefore, staff recommends that: A.) the County Board adopt the attached ordinance to approve the site plan amendment to modify Condition #21 to reduce the clear sidewalk on North Highland Street from 12 feet to 6 feet; and B.) that the County Board approve the use permit for an outdoor café subject to the conditions of the staff report and with a County Board review of the use permit in one (1) year (September 2016). SP-418-U-15-3: Proposed Conditions: 1. The applicant agrees that outdoor seating area is permitted on North Highland Street only as outlined by the red-dashed area on the C.2 plan (dated August 6, 2015) (the C2 Plan ), 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 a minimum of six (6) feet of clearance width along all sidewalks for pedestrians. 2. The applicant agrees to comply with all requirements set forth in all applicable ordinances and regulations, including, by way of illustration and not limitation, those administered by the Zoning Office (including the applicable requirements listed in Section 12.9.14. for Outdoor Cafes, as amended), the Inspection Services Division, the Community Code Enforcement Office, the Police Department, and the Fire Marshal's Office. 3. The applicant agrees that no live entertainment or dancing are permitted in the outdoor café area at any time. The applicant agrees to comply with following the requirements listed in the Arlington County Zoning Ordinance (ACZO) Section 12.9 14 for Outdoor Cafes as they relate to sound or audio or video entertainment. 4. The applicant agrees that any use of umbrellas in the outdoor seating area shall not encroach beyond the area outlined by the red-dashed area as shown encompassed in the C.2 Plan nor shall the use of umbrellas interfere with pedestrian movement along the sidewalk. 5. The applicant agrees to move outdoor café furniture towards the building when the outdoor café is not in use. SP# 418 & SP418-U-15-3 - 6 -
6. The applicant agrees to designate a neighborhood liaison to communicate with the nearby residents and neighbors to address concerns which may be related to the outdoor café and an on-site liaison (this may be the same person) that shall be available during the hours of the business operation to receive and respond to developer/landlord and community concerns. The name, telephone number and electronic mail address (if available) of the on-site liaison shall be submitted to the Zoning Administrator and a copy sent to the Clarendon Courthouse Civic Association, Lyon Park Citizens Association, and the Clarendon 1021 condominium prior to the issuance of a certificate of occupancy for the outdoor café. 7. The applicant agrees that the existing bicycle racks and bench adjacent to the outdoor seating area shall be relocated prior to the issuance of a Certificate of Occupancy for the subject use. 8. The applicant agrees that the County Board shall review the use permit upon any change in tenancy of the subject space. Such review shall occur prior to the issuance of a certificate of occupancy for a new business. SP# 418 & SP418-U-15-3 - 7 -
SITE PLAN AMENDMENT ORDINANCE WHEREAS, an application for a Site Plan Amendment dated July 10, 2015 for Site Plan #418, was filed with the Office of the Zoning Administrator: and WHEREAS, as indicated in Staff Report[s] prepared for the September 19, 2015 County Board meeting and through comments made at the public hearing before the County Board, the County Manager recommends that the County Board approve the Site Plan Amendment subject to all previous conditions with condition 21 amended as set forth in the Staff Report[s]; and WHEREAS, the County Board held a duly-advertised public hearing on that Site Plan Amendment on September 19, 2015 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; 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 July 10, 2015 for Site Plan #418 to reduce the required sidewalk clear width along North Highland Street, for the parcel of real property known as RPC#, 18-026-004, and 1051 North Highland Street, approval is granted and the parcels so described shall be used according to the Site Plan Application as originally approved on January 24, 2012 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, with condition 21 amended as set forth below: Condition 21 (subparagraph that addresses North Highland Street): North Highland Street a minimum 18-foot wide sidewalk measured from the back of curb, except in front of the preserved building frontage, where the sidewalk shall be a minimum of 15- foot, maintaining a 12-foot wide clear sidewalk across that frontage, including 5 feet by 12 feet tree pits, planted with Lacebark Elm street trees, placed 28 to 32 feet on center and the tree pits located a minimum of eight (8) inches back from the back of curb. In cases with an approved outdoor café use permit associated with a restaurant use, clear sidewalk width may be further reduced to a minimum of 6 feet in accordance with the approved SP-418-U-15-3. SP# 418 & SP418-U-15-3 - 8 -
PREVIOUS COUNTY BOARD ACTIONS: December 10, 2011 Deferred a) TDR certification of 2825 Wilson Boulevard as an eligible Sending Site; b) TDR certification of 2901 Wilson Boulevard as an eligible Sending Site; c) TDR certification transferring density from 2825 Wilson Boulevard to SP #418; d) TDR certification transferring density from 2901 Wilson Boulevard to SP #418; e) SP #418 to permit redevelopment of the subject site with 284,012 s.f. of office use and 22,479 s.f. of ground-floor retail use with modifications of use. January 24, 2012 Approved a) TDR certification of 2825 Wilson Boulevard as an eligible Sending Site; b) TDR certification of 2901 Wilson Boulevard as an eligible Sending Site; c) TDR certification transferring density from 2825 Wilson Boulevard to SP #418; d) TDR certification transferring density from 2901 Wilson Boulevard to SP #418; e) SP #418 to permit redevelopment of the subject site with 284,012 s.f. of office use and 22,479 s.f. of ground-floor retail use with modifications of use. September 21, 2013 April 18, 2015: Approved a site plan amendment to modify conditions to permit bathrooms within the penthouse for 3001 Washington Boulevard located at 3005 and 3023 Washington Boulevard, 1032 and 1038 N. Garfield Street, 1031 and 1039 N. Highland Street (RPC# 18-026-001, -002, -003, -004, -008, - 009, -010). Approved a site plan amendment to modify the clear width on Washington Boulevard to permit an outdoor café; and a use permit associated with a site plan (SP418-U-15-1) for an outdoor café, with a County Board review in one year (April 2016). SP# 418 & SP418-U-15-3 - 9 -
June 13, 2015 Approved the subject use permit (SP418-U- 15-2) for an outdoor café subject to the conditions of the staff report, and with a County Board review in one (1) year (June 2016). SP# 418 & SP418-U-15-3 - 10 -
N GARFIELD ST 3133 3137 WILSON BLVD 3140 3100 CLARENDON BLVD 1109 3020 C-O 3010 1210 1190 1200 1180 1205 1201 3100 1101 1174 1170 3019 3011 1051 1041 C-R N HIGHLAND ST 1028 N HUDSON ST 3118 3110 WASHINGTON BLVD C-3 3001 3003 1024 1016 1021 C-3 3100 1050 10TH RD N 1020 SP # 418 1051 N. Highland St. RPC # 18-026-004 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