ARLINGTON COUNTY, VIRGINIA County Board Agenda Item Meeting of March 17, 2018 DATE: March 9, 2018 SUBJECT: U-3452-16-1 USE PERMIT REVIEW for outdoor cafe seating in a portion of the public right of way (BrickHaus); located at 2900 Columbia Pike (RPC# 32-006-011). Applicant: BrickHaus By: Mr. Tony Wagner, Owner 2900 Columbia Pike Arlington, Virginia 22204 C.M. RECOMMENDATION: Renew the subject use permit subject to all previously approved conditions, with a County Board review in six (6) months (September, 2018). ISSUES: This is a six (6) month review of a use permit for outdoor café seating within a portion of the public right of way along South Walter Reed Drive at its intersection with Columbia Pike, and no issues have been identified as of the date of this report. SUMMARY: This is a six (6) month review of a use permit for outdoor café seating for BrickHaus, located at 2900 Columbia Pike. At the last County Board review, in September, 2017, it was discovered that the applicant had installed a fire pit and underground gas line, as well as special paving treatment within the public right of way in their outdoor café area. These improvements were not shown on the original plans approved by the County Board, and as a result, the County Board approved two (2) additional conditions; one requiring removal of the fire pit and abandonment of the gas line, and the other requiring approval of an Encroachment for the paving treatment (Conditions #6 and #7). The applicant obtained County Board approval County Manager: ##### County Attorney: ***** Staff: Adam Watson, DCPHD, Planning Division Matthew W. Pfeiffer, DCPHD, Planning Division 6.
for an Encroachment in January 2018 and the Inspection Services Division confirmed that the applicant removed the fire pit in February 2018 and properly terminated the gas line in March 2018. Therefore, the applicant has complied with the use permit conditions and can obtain a Certificate of Occupancy to operate the outdoor café. The indoor portions of the restaurant are already operating. As a result, staff is recommending that the use permit be reviewed in six (6) months to monitor the operation when a Certificate of Occupancy has been issued for the outdoor cafe. Therefore, staff recommends renewal of the subject use permit subject to all previously approved conditions, with a County Board review in six (6) months (September, 2018). BACKGROUND: The subject building at 2900 Columbia Pike was constructed circa 1920 and is the oldest commercial building on Columbia Pike. In July 1993, the County Board approved a use permit (U-2773-93-1) for live entertainment at the address for Ristorante Michelangelo, and later renewed it for Bohsali Lebanese Cuisine (1997 and 1998). The use permit was discontinued in 2001 when the new tenant, Blanca s, Salvadorian and Mexican Cuisine restaurant, decided to no longer extend the use permit. Blanca s later closed the space which remained vacant for several years. In 2014, the property owner, Darcey, LLC, filed for a use permit for an outdoor café; however, the application was placed on hold because no restaurant tenant had been secured. In 2016, the property owners filed the subject use permit on behalf of their new restaurant tenant (BrickHaus), which has the same ownership as the Twisted Vines Bistro (located at 2803 Columbia Pike). The County Board approved a use permit for outdoor café seating in September, 2016, with conditions regulating hours of operation and café configuration, among others. The Historic Affairs and Landmarks Review Board (HALRB) approved a Certificate of Appropriateness in September, 2016 to allow exterior modifications to the structure for wall mounted speakers to accommodate the subject outdoor café. The BrickHaus restaurant opened on September 4, 2017 (the indoor portion only). During the September 2017 County Board review of the subject use permit, it was discovered by staff that the applicant had installed an underground gas line, fire pit, and paving treatment within the public right of way, which were not shown on the plats approved by the County Board for the use permit. As a result, the County Board approved two (2) additional conditions (Cond. #6 and 7), that required the applicant to remove the fire pit and abandon-in-place the gas line to the outdoor café, and also required the applicant to obtain an ordinance of encroachment for the pavers and other affixed improvements. The County Board approved the encroachment for the subject pavers and other affixed features on January 27, 2018. The following provides additional information about the site and location: Address / RPC: 2900 Columbia Pike (RPC# 17-010-037) Neighborhood: Zoning: GLUP: Douglas Park Civic Association. C-2 Service Commercial Community Business Districts Service Commercial. Note 8: Special Revitalization District. U-3452-16-1 Use Permit Review - 2 -
Existing Land Use: The subject property contains a one (1) story by-right retail building, occupied by the Brickhaus restaurant. Figure 1: Aerial Image of Site BrickHaus 2900 Columbia Pike N Source: Pictometry 2018 U-3452-16-1 Use Permit Review - 3 -
Figure 2: Street View Source: Arlington County Staff (Note: Fire pit has since been removed by applicant) DISCUSSION: The applicant has not yet obtained their Certificate of Occupancy for the outdoor café but is in the process of doing so. The applicant obtained County Board approval for an Encroachment in January 2018, and Inspection Services Division confirmed that the applicant removed the fire pit in February 2018 and properly terminated the gas line in March 2018. Therefore, the applicant has complied with the use permit conditions. The following details the approved use and provides staff assessment of the use during the review period: REVIEWED USE: Outdoor Café seating: Hours of Operation: Up to 32 seats. Maintain a six (6) foot clear sidewalk along South Walter Reed Drive. Up to 11:30 P.M. Sundays through Wednesdays, and up to 12:30 P.M Thursdays through Saturdays and the eves of Federal Holidays. ASSESSMENT: Code Enforcement: Zoning Enforcement: No issues reported. No issues reported. U-3452-16-1 Use Permit Review - 4 -
Fire Marshal s Office: Police Department: CPHD, Planning: No issues reported. No issues reported. Staff recommends renewal of the uses subject to the use permit. The outdoor café has not yet begun operation, but is not anticipated to result in adverse impacts to surrounding properties given the approved conditions. Staff is recommending a review in six (6) months, by which time the outdoor café is expected to have commenced operation. This will allow staff the opportunity to monitor the use once in operation. PUBLIC ENGAGEMENT: Staff contacted the following community organizations for comment: Douglas Park Civic Association: The subject site is located within the Douglas Park Civic Association (DPCS). Staff contacted the DPCA on February 14, 2018. The DPCA supports the use permit renewal. Arlington Heights Civic Association: Staff contacted the AHCA regarding the subject use permit review. Staff has not received a response as of the date of this report. Columbia Heights Civic Association: Staff contacted the CHCA regarding the subject use permit review. Staff has not received a response as of the date of this report. Penrose Civic Association: Staff contacted the Penrose Civic Association regarding the subject use permit review. Staff has not received a response as of the date of this report. Columbia Pike Revitalization Organization: Staff contacted CPRO regarding the subject use permit review. Staff has not received a response as of the date of this report. CONCLUSION: The applicant has not yet commenced the use, but is working to obtain a Certificate of Occupancy for the outdoor café, having complied with and fulfilled the conditions of the use permit during this review period. Staff does not anticipate adverse impacts as a result of the operation of the subject outdoor café given the approved conditions, and is recommending a review in six (6) months, by which time it is expected that a Certificate of Occupancy will be issued for the café. This will allow for monitoring of the use once in operation. Therefore, staff recommends renewal of the subject use permit subject to all previously approved conditions with a County Board review in six (6) months (September, 2018). U-3452-16-1 Use Permit Review - 5 -
Approved Conditions: 1. The applicant agrees that the outdoor café is permitted only until 11:30 p.m., Sundays through Wednesdays, and 12:30 a.m., Thursdays through Saturdays and on evenings before all major federal holidays. 2. The applicant agrees that the outdoor café is approved for up to 32 seats located in accordance with the attached plan entitled Proposed Tenant Alterations 2900 Columbia Pike, Arlington, VA 22204 Patio Plan dated August 23, 2016. The applicant further agrees to maintain a minimum six (6) foot clear sidewalk along the S. Walter Reed Drive and Columbia Pike frontages outside the barrier of the outdoor café, which shall include a minimum four (4) foot clear path from the back of the two (2) curb ramps adjacent to the café at the corner. 3. 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 requirements listed in the Arlington County Zoning Ordinance in Section 12.9.15.A for Outdoor Cafes (as amended), the Department of Environmental Services, Inspection Services Division, the Community Code Enforcement Office, the Police Department, and the Fire Marshal's Office. 4. The applicant agrees that no live entertainment or dancing are permitted in the outdoor café area at any time. The applicant agrees to follow the requirements listed in the Arlington County Zoning Ordinance Section 12.9.15.A for Outdoor Cafés (as amended) as they relate to sound or audio or video entertainment. 5. 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 Douglas Park Civic Association, Arlington Heights Civic Association, Penrose Neighborhood Association, Columbia Heights Civic Association, the Columbia Pike Revitalization Organization (CPRO), and to the management of the Halstead Arlington apartment building prior to the issuance of a certificate of occupancy for the outdoor café. 6. Prior to the commencing the use of the outdoor café, the applicant agrees to remove the fire pit, and remove or abandon-in-place the associated gas line (whichever is determined most appropriate by Inspection Services Division and the Fire Marshal) located in the publicly owned right of way, and to obtain a Certificate of Occupancy for the outdoor café. The applicant agrees that it shall not ignite, or operate the fire pit prior to its removal. U-3452-16-1 Use Permit Review - 6 -
7. Prior to the issuance of the Certificate of Occupancy for the outdoor café, the applicant agrees to obtain an Ordinance of Encroachment from the County Board for all improvements or permanent features located within the public right-of-way, including but not limited to any fixed pavers or stairs. U-3452-16-1 Use Permit Review - 7 -
PREVIOUS COUNTY BOARD ACTIONS: January 13, 1940 July 27, 1993 July 9, 1994 July 19, 1997 July 11, 1998 July 28, 2001 September 24, 2016 The County Board denied a rezoning (Z-46-39-1) from Res. A to Local Business district. Approved a use permit (U-2773-93-1) for live entertainment at Ristorante Michelangelo (2900 Columbia Pike) from 9 p.m. to 2 a.m., Fridays and Saturdays, subject to the conditions found in the use permit jacket and review in one year. Renewed a use permit (U-2773-93-1) for live entertainment at Ristorante Michelangelo (from 9 p.m. to 2 a.m., Fridays and Saturdays), subject to all previous conditions and review in three years (July 1997). Renewed a use permit (U-2773-93-1) for live entertainment at Bohsali Lebanese Cuisine (from 9 p.m. to 2 a.m., Fridays and Saturdays), subject to all previous conditions and review in one year (July 1998). Renewed a use permit (U-2773-93-1) for live entertainment at Bohsali Lebanese Cuisine (from 9 p.m. to 2 a.m., Fridays and Saturdays), subject to all previous conditions and review in three years (July 2001). Discontinued the use permit (U-2773-93-1) for live entertainment (for the tenant, Blanca s, Salvadorian and Mexican Cuisine). Approved a use permit (U-3452-16-1) for an outdoor café partially within the public right-of-way for Darcey, LLC (Twisted Vines Bistro, tenant). September 16, 2017 Renewed the use permit (U-3452-16-1) for an outdoor café partially within the public right-ofway, subject to two (2) new conditions and a County Board review in six (6) months (March, 2018). U-3452-16-1 Use Permit Review - 8 -
C-O RA14-26 9TH RD S 922 919 930 932 921 923 2619 2705 2617 925 3007 927 2801 28052803 2809 2811 2700 263 3013 3005 3003 S GARFIELD ST 3030 2919 2927 2901 2903 2915 COLUMBIA PIKE 2914 2900 2920 2924 2926 2910 2928 3010 3008 2930 3014 3012 2940 C-2 S WALTER REED DR 2810 2820 2704 S EDGEWOOD ST 1029 1031 1033 1035 1037 1024 1041 1045 1028 S HIGHLAND ST R-5 CP-FBC U-3452-16-1 2921 1100 1058 11TH ST S 1105 1107 1109 1113 1111 1115 1117 1119 1121 1123 2810 2812 2814 1100 CP-FBC 1102 1104 1106 1108 R-5 2900 Columbia Pike I RPC # 32-006-011 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