ARLINGTON COUNTY, VIRGINIA - Granicus

County Manager: #####

County Attorney: *****Staff: Adam Watson, DCPHD, Planning Division

ARLINGTON COUNTY, VIRGINIA

County Board Agenda ItemMeeting of November 17, 2018

DATE: November 7, 2018

SUBJECT: SP404-U-17-1 USE PERMIT ASSOCIATED WITH A SITE PLAN REVIEW for an outdoor café at Verre Wine Bar; located at 2415 Wilson Blvd. (RPC# 15-060-011).

Applicant: Verre Wine Bar

By: Mr. Jason Kim, OwnerVerre Wine Bar2415 Wilson Blvd.Arlington, VA 22201

C.M. RECOMMENDATION:

Renew the use permit for an outdoor café, subject to all previously approved conditions, with a County Board review in three (3) years (November 2021).

ISSUES: This is a one (1) year review of a use permit for an outdoor café within a public sidewalk easement for Verre Wine Bar (“Applicant”) and as of the date of this report there are no issues.

SUMMARY: The Applicant seeks renewal of its use permit for an outdoor café, within a public easement, along Wilson Boulevard. The County Board initially approved the use in November 2017. The Applicant was issued a Certificate of Occupancy for the outdoor café, for up to 36 seats, in May 2018. During the review period, County agencies reported no issues or documented violations, and the Applicant complied with the approved use permit conditions. Staff recommends that the County Board renew the use permit, subject to all previously approved conditions, with a County Board review in three (3) years (November 2021).

9.

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BACKGROUND:

Address / RPC: 2415 Wilson Blvd. (RPC# 15-060-011).

Neighborhood: The subject site is within the Lyon Village Citizens Association (LVCA) boundary, and adjacent to Clarendon-Courthouse Civic Association (CCCA).

Zoning: C-O-2.5, Mixed Use District. The subject site is associated with a site plan (SP #404) that was initially approved in March 2014.

GLUP: “Medium” Office-Apartment-Hotel.

Existing Land Use: The subject site is comprised of an eight (8) story hotel (Hyatt Place) with approximately 1,300 sq. ft. of ground floor retail.

Figure 1: Location of Verre Wine Bar (2415 Wilson Blvd.)

Source: Pictometry

N

Verre Wine Bar2415 Wilson Blvd.

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DISCUSSION: The following provides details of the existing use and staff’s assessment thereof:

Type of Use: Outdoor café within a public easement.

Location: The outdoor café is immediately in front of the Verre Wine Bar restaurant on Wilson Boulevard. From the face of the building, the café area extends roughly 2.5 ft. into a public sidewalk and utility easement area.

Hours of Operation: 11 a.m. to 11 p.m. Mondays through Thursdays, and from 11 a.m. to 12 a.m. Fridays through Sundays.

Seating: A Certificate of Occupancy for the outdoor café was issued in May 2018 for up to 36 seats. The indoor restaurant is approved for 39 seats.

Clear Walkway Zone: The applicant agrees to maintain a minimum eight (8) ft. clear walkway zone along Wilson Boulevard.

ASSESSMENT:

Zoning Enforcement: No issues or violations reported.

Code Enforcement: Code Enforcement has not reported any documented violations with the establishments.

Police Department: No calls for service during the review period.

Fire Marshal: No issues or violations reported.

CPHD, Planning: Staff supports renewal of the use permit. Over the review period, the applicant complied with the approved use permit conditions, and there were no documented issues or violations reported by County agencies. The use has been operating since May 2018 – throughout an entire summer season – without any undue adverse impacts on the neighborhood. The use is consistent with the Arlington County Retail Plan “gold” designation for the site, which encourages food establishments. As conditioned, staff finds that the use has not adversely affected the health or safety of the neighborhood, or created any undue adverse impacts. Staff recommends a County Board review in three (3) years (November 2021).

PUBLIC ENGAGEMENT:

Level of Engagement: Communicate

Outreach Methods:

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Public notice was given in accordance with the Code of Virginia §15.2-2204. Notices of the County Board hearing on the use permit were placed in the October 23, 2018, and October 30, 2018, issues of the Washington Times for the November 17, 2018 County Board Meeting.

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.

Placards were placed in various locations surrounding the subject property within seven (7) days of the public hearing.

Civic associations were informed of the review via email communication. The subject property is located within the Lyon Village Citizens Association and is adjacent to the Clarendon-Courthouse Civic Association.

Community Feedback:

Lyon Village Citizens Association (LVCA): The site is within the LVCA boundary, and the LVCA supports renewal of the use permit.

Clarendon-Courthouse Civic Association (CCCA): The site is adjacent to the CCCA, and at its October 2018 meeting, the CCCA voted to support renewal of the use permit.

CONCLUSION: Over the review period, the applicant complied with the approved use permit conditions, and there were no documented issues or violations reported by County agencies. Therefore, staff recommends that the County Board renew the use permit, subject to all previously approved conditions, with a County Board review in three (3) years (November 2021).

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Approved Conditions:

1. The applicant agrees that the outdoor café is permitted only from 11 a.m. to 11 p.m. Mondays through Thursdays, and from 11 a.m. to 12 a.m. Fridays through Sundays. The applicant further agrees that the outdoor café area shall be consistent with the plans attached to the staff report for the November 18, 2017, County Board meeting titled “Sidewalk Café & Site Plans (CS1.3)”, dated September 14, 2017.

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 Division, the Inspection Services Division, the Community Code Enforcement Office, the Police Department, the Fire Marshal's Office, the Department of Environmental Services, and the Virginia Alcoholic Beverage Control Board.

3. The applicant agrees that no live entertainment or dancing is permitted in the outdoor café area.

4. The applicant agrees that, as an accessory use, the outdoor café shall have fewer seats than the indoor portion of the restaurant.

5. The applicant agrees that no sound or audio or video entertainment, including but not limited to television or radio playing of music and/or sports events, may be piped into, or played so as to be visible or audible from the outdoor café area before 11 a.m. or after 11 p.m. on Fridays and Saturdays, and before 11 a.m. or after 10 p.m. on Sundays through Thursdays.

6. The applicant agrees that all fixtures and furnishings in the outdoor café, including but not limited to, tables, chairs, umbrellas, server stations, barriers or fences, and sources of heat, shall be portable and not affixed to the ground, building or other permanent structures. The applicant further agrees that the outdoor café shall not be enclosed.

7. The applicant agrees to maintain at least an eight (8) foot clear walkway zone (an unobstructed area serving as circulation space for pedestrians) along the public sidewalk on Wilson Boulevard. The applicant further agrees that outdoor café seating, fencing or barriers, and umbrellas shall not encroach into or hang over the clear walkway zone.

8. 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 Lyon Village Citizens Association, and the Clarendon-Courthouse Civic Association, prior to the issuance of a Certificate of Occupancy for the outdoor café.

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PREVIOUS COUNTY BOARD ACTIONS:

February 23, 2008 Approved a use permit (U-3193-08-1) for a private martial arts studio at 2407-2411 Wilson Boulevard subject to conditions with a County Board review in one year (February 2009).

February 21, 2009 Renewed a use permit (U-3193-08-1) for a private martial arts studio at 2407-2411 Wilson Boulevard subject to all previous conditions with a County Board review in three years (February 2012).

October 24, 2009 Did not authorize the advertisement of public hearings by the Planning Commission and County Board to consider amending the General Land Use Plan for the property known as 2401 and 2407 Wilson Boulevard and 2400, 2402 and 2408 16th Street North (RPC #15-060 - 001,- 002, -007, -008 and – 009) generally located in the area bounded by 16th Street North to the north, Wilson Boulevard to the south, North Adams Street to the east and reaching approximately halfway across the block west towards North Barton Street from “Service Commercial” (Personal and business services, generally 1-4 stories) and “Low” Residential (1-10 units/acre) to “Medium” Office-Apartment-Hotel (up to 2.5 F.A.R. office density; up to 115 units/acre apartment density; up to 180 units/acre hotel density) and to add an open space symbol to the northern portion of the site.

September 17, 2011 Authorized advertisement of public hearings to consider amending the General Land Use Plan for the property known as 2401 and 2407 Wilson Boulevard generally located on the southern half of the block bounded by 16th Street North to the north, Wilson Boulevard to the south, North Adams Street to the east and reaching approximately halfway across the block west towards North Barton Street from

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“Service Commercial” (Personal and business services, generally 1-4 stories) to either “High-Medium Residential Mixed-Use” (up to 3.24 FAR including associated office and retail activities) or “Medium” Office-Apartment-Hotel (up to 2.5 FAR for office density; up to 115 units/acre for apartment density; up to 180 units/acre for hotel density) to a date concurrent with future public hearings by the Planning Commission and County Board for appropriate associated rezoning and site plan applications.

February 11, 2012 Renewed a use permit (U-3193-08-1) for a private martial arts studio at 2407-2411 Wilson Boulevard subject to all previous conditions with a County Board review in five years (February 2017).

March 15, 2014 Approved a GLUP Amendment (GP-325-11-1) from “Service Commercial” to “Medium” Office-Apartment-Hotel.

Approved a rezoning (Z-2544-09-1) from “C-2” to “C-O-2.5”.

Approved a site plan (SP #404) for a 161-room hotel with approximately 1,300 s.f. of retail.

October 21, 2014 Approved a site plan amendment (SP #404) to modify Conditions # 18, 22.A., 26, 27.B.2., and 37.A.1.(c).

November 14, 2015 Adopted a site plan amendment (SP #404) to increase the number of hotel rooms to 168, subject to all previous conditions of approval and revised Conditions #2.A. and #37.A.

February 25, 2017 Discontinued a use permit (U-3193-08-1) for a martial arts studio located at 2401 and 2415 Wilson Boulevard (formerly 2407 and 2411 Wilson Boulevard).

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November 18, 2017 Approved a use permit associated with a site plan (SP404-U-17-1) for an outdoor café, subject to the conditions of the staff report, for Verre Wine Bar, located at 2415 Wilson Blvd. (RPC# 15-060-011), with a County Board review in one (1) year (November 2018).

NADAMS ST

N CUSTIS RD

CLARENDON BLVD

16TH ST N

WILSON BLVD

FRANKLINRD

N WAYNE ST

N ADAMS STN BARTON ST

N ADAMS ST

C-O-1.5R-5

S-3A

RA4.8

RA8-18

RC

C-O-2.5

C-2

R-6

C-O

1515

1517

1519

1610

2300

2300

23052311

2400

2400

2401

24042408

2412

2412

2415

2416

24162420

2420

2423

2424

2424

2425

2440

2500

2500

2503

25032507

2421

2417

2424

24202424

2421

Note: These maps are for property location assistance only. They may not representthe latest survey and other information.

Department of Community Planning, Housing and Development

County Use OnlyDate Placard Posted ______________By ____________________________Removed _______________________

ISP 404-U-17-1

2415 Wilson Blvd

RPC # 15-060-011CaseLocation(s)1:1,200Scale: