ARLINGTON COUNTY, VIRGINIA County Board Agenda Item Meeting of April 23, 2019 DATE: April 12, 2019 SUBJECT: SP #413 SITE PLAN AMENDMENT to permit a fixed bar in a private outdoor café space with associated changes to the façade and landscape plan, and modifications to the window transparency requirement; located at 4040 Wilson Blvd. (RPC# 14-060-079). Applicant: 4040 Wilson Sub-I LLC By: Matthew G. Roberts, Esq. Bean, Kinney & Korman, P.C. 2311 Wilson Boulevard, Suite 500 Arlington, Virginia 22201 C.M. RECOMMENDATION: Adopt the attached ordinance to approve the site plan amendment to permit a fixed bar in a private outdoor café, with associated changes to the façade and landscape plan, and modifications to the window transparency requirement, subject to all previously approved conditions and new conditions #87-89. ISSUES: No issues have been identified as of the date of this report. SUMMARY: This is a new site plan amendment request to permit a fixed bar in a private outdoor café, with associated changes to the façade and landscape plan, and modifications to the window transparency requirement for SP #413. The applicant is requesting these changes in order to secure a lease with, a local restaurant tenant. The changes allow for The Salt Line to implement their specific aesthetic and create a vibrant outdoor space. Staff notes that the requested transparency modifications apply only to the façade of, and not other portions of the building. Staff is supportive of the request and has recommended conditions related to the proposed design and window transparency in order to ensure that the space, as County Manager: ##### County Attorney: ***** Staff: Brett H. Wallace, DCPHD, Planning Division 9.
planned, becomes a vibrant and active pedestrian plaza. BACKGROUND: The Founder s Square site plan was originally approved in July 2008 and included a mixed-use office, retail, and residential development comprised of: a 15-story office building (North Office), a 13-story secure-office building (South Office), a 17-story 198-unit residential building (North Residential), a 12-story 164-unit residential building (South Residential) and a one-story retail building. The approval was amended in January 2011 to approve additional retail and residential density through transfer of development rights from the Mosaic Park sending site. It was further amended in 2016 to change the use of the approved, unbuilt North Office Building to a Vertical Mixed-Use Building. Address / RPC: 4040 Wilson Boulevard (RPC# 14-060-079). Neighborhood: Zoning: GLUP: Existing Land Use: The site is located in Ashton Heights and directly adjacent to Ballston-Virginia Square. C-O 2.5 Mixed Use District. Medium Office-Apartment-Hotel; GLUP Note #14 North Quincy Street Coordinated Mixed-Use District. The subject space is located on the ground floor of the North Vertical Mixed-Use building, which is currently under construction (Figure 2). SP #413 Site Plan Amendment - 2 -
Figure 1: Aerial View 4040 Wilson Boulevard N Source: Pictometry SP #413 Site Plan Amendment - 3 -
Figure 2: Street View Source: CPHD DISCUSSION: This is a new site plan amendment request to permit a fixed bar in a private outdoor café, including changes to the previously approved façade and landscaping plans for 4040 Wilson Boulevard (SP #413). The applicant is in the process of securing a restaurant tenant for the corner location that fronts Wilson Boulevard and the new public plaza that will bisect the site. The tenant has requested modifications to allow their distinctive branding to be reflected through the façade design and outdoor bar and seating area. Outdoor Fixed Bar As part of their build out, the tenant proposes to establish an outdoor bar in the planned outdoor café space. The café area begins on Wilson Boulevard, wrapping around the corner and lining the façade of the Salt Line along the new public plaza area. The entirety of the fixed bar area and the outdoor seating are located on private property. The number of proposed interior seats is greater than the number of proposed exterior seats, so the outdoor café does not need a use permit. However, the applicant must meet all applicable requirements of the Virginia Uniform State Building Code (VUSBC) before beginning operation of the outdoor bar. SP #413 Site Plan Amendment - 4 -
The request to permit a fixed bar in a private outdoor café requires County Board approval in order to modify the requirements of ACZO Section 12.9.15, which requires outdoor café furnishings to be temporary. Figure 3: Concept Image Source: provided by applicant. This area was envisioned for private outdoor seating and therefore is not inconsistent with the original approval, and since the fixed bar does not encroach into the public realm, staff is supportive of the request. Staff has recommended a condition requiring removal of the fixed bar at the termination of the lease with, thus freeing up the space for future retail uses that would not necessarily be restaurants. Landscape Changes The applicant is proposing to amend the approved landscape plan for SP #413 to allow the installation of a fixed bar in a private outdoor café space. In order to accommodate the proposed design, the applicant proposes to relocate one of the three (3) planned trees flanking the public easement area by modifying the spacing of the trees on either side of the public easement (Figure 4). Since the site is not fully built out yet, staff views this request not necessarily as removing a tree, but relocating it elsewhere. Staff is proposing a condition requiring the relocation of this tree elsewhere on the site in order to maintain the approved tree canopy requirements (Condition #87). There are many open landscaped areas for the tree relocation, such as the landscaped plaza area near the fountain; the final location will be approved by staff during the review of the revision to the Final Landscape Plan, which occurs post-site plan amendment approval. SP #413 Site Plan Amendment - 5 -
Figure 4: Layout Source: provided by applicant. Façade Changes The applicant is also requesting modification of the approved façade plan and window transparency requirements (Condition #89) to accommodate the tenant s exterior design and interior layout. New elements to the façade include a canopy structure that provides shade over the fixed bar, redesigned windows and siding elements, and changes to the original door designs. Figure 5: Concept Image Source: provided by applicant. SP #413 Site Plan Amendment - 6 -
The canopy proposed is a flat roof to provide shade and coverage over the fixed bar area, however it still leaves most of the outdoor seating as open-air. The canopy structure will be on private property and will not extend into the public easement area. The exterior will be similar to the existing Salt Line location in Washington D.C. Figure 6: Existing Location Example Source: provided by applicant. The majority of these façade changes would primarily be considered under a revision to the approved façade plan, but as a result of the proposed design the applicant is requesting a modification of the window transparency requirement. There are five (5) primary storefront areas in the space two of which front Wilson Boulevard and the remaining three along the public plaza. Due to restrictions with the interior layout, the bathrooms and back-of house areas are located along two of the storefronts and require coverage to keep these areas screened from public view. Storefront Area 1 (Figure 7) is located along Wilson Boulevard as is the main entry point into the interior restaurant area. The applicant is proposing to primarily cover the façade, as the bathrooms will be located partially behind it, adjacent to the entry door. The covered area includes signage for and a mixture of wood shingles and wood planks to create a variety of textures. This helps create visual interest even though the view is not transparent, and the location of the entry door ensures that this area will be active. SP #413 Site Plan Amendment - 7 -
Figure 7: Storefront Area 1 Source: provided by applicant. Storefront Area 5 (Figure 8) is located along the public plaza and will be the location for storage, kitchen, and other back-of-house operations for. The applicant is proposing to completely cover this area with a mix of plank and wood shingles to create continuity with the rest of the façade and shield views into the back-of-house area. Staff requested the applicant extend the proposed outdoor seating area in front of this view in order to maintain the line of activity and ensure that, while the area may be covered, the feel and visual interest of the space is continued down the public plaza. Staff also notes that the entrance to VIDA Fitness Studio will be located directly adjacent to this storefront, so additional pedestrian activity will be generated from that use. Figure 8: Storefront Area 5 Source: provided by applicant. SP #413 Site Plan Amendment - 8 -
PUBLIC ENGAGEMENT: Level of Engagement: Communicate: This level of engagement is appropriate because the implementation and operation of the proposed use is not anticipated to adversely impact the neighborhood. Outreach Methods: Public notice was given in accordance with the Code of Virginia 15.2-2204. Notices of the County Board hearing on the project were placed in the March 26, 2019 and April 2, 2019 issues of the Washington Times for the April 23, 2019 County Board Meeting. Placards were placed in various locations surrounding the subject property within seven (7) days of the public hearing. In addition to the above legal requirements: Individual letters outlining the project description and public hearing details were mailed to surrounding property owners of the subject property. Civic associations were informed of the application via email communication. The subject property is located within the Ashton Heights Civic Association and is adjacent to the Ballston-Virginia Square Civic Association. Community Feedback: Ashton Heights Civic Association: Ashton Heights responded that they have no objections to the application provided that there are no loud speakers in the outdoor café. Staff response: Since live entertainment is not part of the application, sound or audio equipment for the café are governed by the provisions of ACZO Section 12.9.15. Ballston-Virginia Square Civic Association: Suggestions were made by the Ballston-Virginia Square Civic Association to consider alternative materials and aesthetic treatments to the underside and rooftop of the canopy structure to absorb sound and improve the overall appearance. Further clarification was also requested regarding the relocation of the tree to accommodate the fixed bar and impacts to outdoor lighting on the public access easement area adjacent to the café. Staff response: Final materials for the façade, canopy structure, and relocation of the tree will be reviewed and approved in revisions to the Façade Plan and Final Landscape Plan per new condition #87. As proposed, there is no impact to outdoor lighting on the public access easement area as part of this application. SP #413 Site Plan Amendment - 9 -
Ballston Business Improvement District (BID): No response has been received as of the date of this report. CONCLUSION: The proposed use is not in conflict with County goals for the area and will not be detrimental to the health, safety, or welfare of the neighborhood. Moreover, the proposal will allow a unique restaurant tenant to generate activity in an important open space in Ballston. Therefore, staff recommends the County Board adopt the attached ordinance to approve the site plan amendment request to permit a fixed bar in a private outdoor café, with associated changes to the façade and landscape plan, and modifications to the window transparency requirement, subject to all previously approved conditions and new conditions #87-89. SP #413 Site Plan Amendment - 10 -
SITE PLAN AMENDMENT ORDINANCE WHEREAS, an application for a Site Plan Amendment dated February 4, 2019 for SP #413 was filed with the Office of the Zoning Administrator: and WHEREAS, as indicated in Staff Report provided to the County Board for its April 23, 2019 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 the revised condition as set forth below and reasons outlined in the Staff Report; and WHEREAS, the County Board held a duly-advertised public hearing on that Site Plan Amendment on April 23, 2019 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 as the same may be modified by the County Board as provided herein; o Modification to Section 12.9.15. to permit a fixed bar in an outdoor café space o Other modifications as necessary 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 February 9, 2019 for SP #413, for a site plan amendment permit a fixed bar in a private outdoor café space with associated changes to the façade and landscape plan, and modifications to the window transparency requirement for the parcels of real property known as RPC #14-060-079 and 4040 Wilson Boulevard ( Site ), approval is granted and the parcels so described shall be used according to all prior approvals and as amended by the Site Plan Amendment application, subject to all previously approved conditions and new Conditions #87-89: 87. The applicant agrees that the revisions to the Final Landscape Plan and Façade Plan shall substantially conform with the plans dated March 12, 2019, prepared by Grizform Design Architects, and entitled Oyster + Ale, 4040 Wilson Blvd., Arlington VA 22203, (Pages 010,011,A101, A102, A202, A207, A401, A401) ( Plans ). The applicant also agrees that the relocation of the tree to accommodate the outdoor fixed bar to elsewhere on the Site shall occur prior to the issuance of the Certificate of Occupancy for the outdoor café. SP #413 Site Plan Amendment - 11 -
88. Outdoor Fixed bar. The applicant agrees that the approval of the outdoor fixed bar as shown on the Plans is only for Oyster + Ale ( Salt Line ) and no other tenant. Upon termination or expiration of the lease with, the applicant agrees to remove the fixed bar by submitting a revision to the approved plans through the 4.1 administrative change process, prior to the issuance of a certificate of occupancy for a different tenant, unless the County Board approves a site plan amendment for the outdoor fixed bar for that new tenant. 89. Window Transparency. Notwithstanding Condition #30 regarding retail transparency, the applicant agrees to meet or exceed the Overall Transparency of 29.1% and the 3-8 From Grade Transparency of 63.3%, as calculated on sheet A402 of the Plans. This condition shall not apply to other portions of the building. The applicant agrees upon termination or expiration of lease a new tenant must meet the transparency requirements in Condition #30 prior to the issuance of a certificate of occupancy for that new tenant. SP #413 Site Plan Amendment - 12 -
PREVIOUS COUNTY BOARD ACTIONS: July 19, 2008 Approved Z-2539-08-2 Rezoning: from "CM" Limited Industrial Districts and "C-2" Service Commercial - Community Business Districts to "C- O-2.5" Commercial Office Building, Hotel and Apartment Districts; 4000 Wilson Blvd. (RPC #14-060-013, - 015, -026, -036, -038, -050, -058, -061, - 065) Approved a site plan for 367 dwelling units, 660,190 sq ft, 26,900 sq ft retail, comprehensive sign plan, modification of use regulations for among other things, density, height, parking and storage for the real property known as 4000 Wilson Boulevard (RPC #14-060-013, -015, -026, - 036, -038, -050, - 058, -061, -065, portion of 5th Place North, and County R.O.W. associated with RPC #14-060-061). January 22, 2011 Adopted a resolution certifying 76,212 square feet of commercial GFA and 23 residential units (which units may be transferred on a unit for unit basis as residential or hotel use, or at a rate of 3,000 square feet commercial GFA per unit), as transferrable development rights on Mosaic Park ( Sending Site ) for the eligible purposes of open space and to be used in association with Site Plan #413, Founders Square. Adopted a resolution to transfer 76,212 square feet of commercial GFA and 23 residential units, which units may be transferred on a unit for unit basis as residential or hotel use, or at a rate of 3,000 square feet commercial GFA per unit, from Mosaic Park ( Sending Site ) to portions of Founders Square site plan-sp #413 (Receiving Site) owned by Ashton Park Associates III, LLC and Ashton Park Associates IV, LLC, by site plan amendment. July 19, 2014 Approved a site plan amendment to allow an exclusion of 708 square feet of additional mezzanine retail space to be used among retail bays within the first floor clear height, subject to modified Condition #64 and to all previously approved conditions. SP #413 Site Plan Amendment - 13 -
July 16, 2016 June 16, 2018 September 22, 2018 Approved a site plan amendment to permit the change in use of an approved un-built commercial office building to a vertical mixed-use building (Founders Square), with modification of use regulations for density, height, parking and other modifications as necessary to achieve the proposed development plan; located at 4040 Wilson Boulevard. Approved a site plan amendment to add 1,265 gross square feet to 675 N. Randolph St. (DARPA), subject to all previously approved conditions and with new Condition #86. Approved a use permit associate with a site plan (SP413-U-18-1) for food delivery service for Domino s Pizza, subject to the proposed conditions of the staff report and with a County Board review in one (1) year (September 2019). SP #413 Site Plan Amendment - 14 -