ARLINGTON COUNTY, VIRGINIA

Transcription

1 ARLINGTON COUNTY, VIRGINIA County Board Agenda Item Meeting of June 13, 2015 DATE: June 3, 2015 SUBJECT: SP #420 SITE PLAN AMENDMENT to amend Condition #30 to permit graphics, instead of the previously approved display cases, to conceal back-of-house activities in windows above the pedestrian level and to amend Condition #36 to reduce the height of the West Building loading dock, located at 2145 Lee Highway (aka 1901 N. Veitch St.) (Mom's Organic Market) (RPC# , -003 through -009). Applicants: David Mackey, Manager of Construction and Facilities MOM s Organic Market 5612 Randolph Road Rockville, Maryland Eithne Richardson McCaffery Interests 2200 Clarendon Blvd Arlington, Virginia C.M. RECOMMENDATION: Adopt the attached ordinance to approve a site plan amendment to amend Condition #30 of the approved site plan to permit graphics for the grocery store tenant instead of display cases in windows above the pedestrian level and to amend Condition #36 to reduce the height of the West block loading dock, subject to all previously approved conditions and revised Conditions #30 and #36. ISSUES: This is a request to amend Condition #30 of the approved site plan to place abstract graphics in windows at the MOM s Organic Market that are located above the pedestrian level along Lee Highway, and to amend Condition #36 to reduce the required height of the West Building loading dock entrance from 14 feet to 13 feet. There are no known issues. County Manager: ##### County Attorney: ***** Staff: Peter Schulz, DCPHD, Planning Division 5.

2 SUMMARY: The applicant proposes to amend Condition #30 of the approved site plan to permit abstract graphics in windows at the MOM s Organic Market (currently under construction) along the upper windows of the retail façade above the pedestrian level of Lee Highway. Condition #30 of the approved site plan already exempts this area from the usual retail window transparency requirements because the grade change along Lee Highway places these windows well above pedestrian level, and because of the small floor plate of the grocery store (smaller than the typical MOM s store), which makes it difficult to arrange the store in such a way that most windows are not blocked by shelving or back-of-house operations. To mitigate the impact and to provide visual interest, Condition #30 as approved in December 2012 originally required display cases in these windows that are similar to what has been required at the Courthouse CVS. The applicant has proposed abstract graphics as an alternative way of providing visual interest. The applicant agrees to conditions that the graphics will not constitute signs as defined by the Zoning Ordinance. Staff believes that the applicant s proposal meets the intent of the original site plan approval. Windows in the grocery store that are at pedestrian level will still meet the standard retail transparency requirements. The applicant additionally requests a modification of the required height from the entrance to the West block loading dock (the West block is the low-rise block with the grocery store and townhouse style apartments lining the parking garage), from 14 feet to 13 feet. During construction, it was discovered that additional structural support would be necessary for the residential units above the loading dock, and the installation of a wider support beam reduced the size of the loading dock opening from 14 feet to 13 feet. Staff supports the modification as the loading dock is located entirely off of public rights-of-way, and a height of 13 feet is still sufficient for garbage truck access and the types of deliveries that would be made to the grocery store. Therefore, staff recommends the County Board adopt the attached ordinance to amend Condition #30 to permit graphics in windows along Lee Highway instead of the previously approved display cases, and to modify the required West block loading dock entrance height from 14 feet to 13 feet, subject to all previously approved conditions and revised Conditions #30 and #36. BACKGROUND: On December 8, 2012 the County Board approved a General Land Use Plan (GLUP) amendment, rezoning, and a site plan for up to 202 apartments and approximately 13,257 s.f. of retail space. The retail space was envisioned at the time to be an organic grocery store. The property is now under construction and the grocery store will be a MOM s Organic Market. The grocery store is located on the western parcel of the site plan area, between North Veitch Street on the west, Lee Highway on the south, North Uhle Street on the east, and 21 st Street North to the north. The grocery store will occupy the ground level of the building with one (1) level of apartments above the store. There is garage parking below the store. From the entrance and ground level of the grocery store at the intersection of Lee Highway and North Veitch Street the grade slopes downward to the east along Lee Highway by approximately 20 feet to the intersection of Lee Highway and North Uhle Street, partially exposing the parking level below the store, with the retail store a full story above grade. As a result of the grade change, many of the retail windows for the grocery store are located above pedestrian level. In addition, it was recognized during the site plan approval process that the unusually small (less than 15,000 square feet) floor plate of the proposed grocery store SP# 420 Bergmann s - 2 -

3 (compared to other grocery stores of the same type and market niche) would limit the applicant s options for placing shelves and back-of-house operations that do not block windows. The standard site plan condition for retail transparency requires that all retail windows along public rights-of-way be at least 50% transparent into the retail use. At the time of original site plan approval the developer, McCaffery Interests, agreed to a condition that the store windows that are above normal pedestrian level would not have to meet the transparency requirement. In mitigation, the developer agreed that the windows would have displays of merchandise. After site plan approval, it was announced that MOM s Organic Market had signed with McCaffrey to be the grocery store tenant. The following provides additional information about the site and location: Site: The subject site is the West block of the approved site plan area, which consists of two (2) blocks divided by North Uhle Street. The west block, which contains the grocery store, is approximately 24,000 square feet, and is bounded on the north by 21 st Street North, North Uhle Street on the east, Lee Highway on the south, and North Veitch Street on the west. The site is surrounded by the following land uses: To the north: To the east: To the south: To the west: Across 21st Street North is McCoy Park, a county park zoned R-5 and R-6. The property is designated Public on the General Land Use Plan (GLUP). Across North Uhle Street on the east block of SP #420 is a 10-story 160-unit apartment building under construction, zoned C-O-1.5 and designated Low Apartment-Office-Hotel on the GLUP. Across Lee Highway are the Inglewood Cooperative Apartments and townhouses zoned RA8-18, and a child care center zoned RA7-16 (SP#161) all designated on the GLUP Low-Medium Residential (16-36 units/acre). Across North Veitch Street are the Potomac Place Townhouses zoned RA8-18, and single family houses zoned R-5, all designated on the GLUP as Low-Medium Residential (16-36 units/acre). SP# 420 Bergmann s - 3 -

4 I-66 N. Veitch St. Zoning: The property is zoned C-O-1.5, Mixed Use District. General Land Use Plan Designation: Low Office Apartment Hotel (up to 1.5 F.A.R. office density, up to 72 units/acre apartment density, and up to 110 units/acre hotel density). Neighborhood: The subject site is located in the North Highlands Civic Association area, and is across Lee Highway from the Lyon Village Civic Association area. The Civic Associations have been informed of the site plan amendment and no comments have been received at this time. DISCUSSION: The applicant, MOM s Organic Market, proposes to amend a part of Condition #30 of Site Plan #420 (Bergmann s) requiring show cases with merchandise displays in windows along Lee Highway that are above pedestrian level. The applicant instead proposes to place in those specified windows vinyl display graphics in abstract or noncommercial designs. At the time of the original site plan approval, due to the small floor plate of the proposed grocery store and the location of the windows above pedestrian level that the standard transparency requirement applicant would not apply, to permit flexibility for placement of shelving and back of house operations. In exchange, the developer agreed to provide visual interest by mounting displays in the windows similar to those in the Courthouse CVS. MOM s Organic Market, who are currently fitting out the store and plan to open this year, find that the requirement of merchandise displays will not work out in practice: The windows (the bottoms of which range from four (4) feet to 18 feet above street level) would have to be accessed from the outside in order to install merchandise displays, and furthermore the store does not have the staff resources to devote to rotating merchandise displays, especially where access SP# 420 Bergmann s - 4 -

5 would be up to 20 feet above the ground. Staff therefore believes that the applicant s proposed substitution of graphics is reasonable and accomplishes the same purposes as the display cases. All windows on the site that are at pedestrian level along public rights of way (along North Veitch Street and the westernmost window bay on Lee Highway) will continue to meet the standard retail transparency requirements. 18 Figure 1. Grocery store windows at greatest height above grade. Source: Applicant drawings. The applicant additionally requests a modification of the required height for the entrance to the West block loading dock (the West block is the low-rise block with the grocery store and townhouse style apartments lining the parking garage), from 14 feet to 13 feet. The West loading dock is accessed from the first level of the parking garage (which is at surface level). All truck maneuvering will take place entirely internally on the site; no part of the loading dock is near a public right-of-way. During construction, it was discovered that additional structural support would be necessary for the residential units above the loading dock, and the addition of the additional support reduced the size of the loading dock opening from 14 feet to 13 feet. Staff supports the modification as the loading dock is entirely off of public rights of way, and a height of 13 feet is still sufficient for garbage truck access and the types of deliveries that would be made to the grocery store. Furthermore, only the height at the entrance to the loading dock is affected the loading dock will continue to have the required 16 foot height clearance inside the loading dock. The ten-story residential building on the East block has its own loading dock, which is not affected by this application. SP# 420 Bergmann s - 5 -

6 Figure 2. West block loading dock location (loading dock is off surface level parking) Source: Applicant drawings. CONCLUSION: Staff believes that the applicant s proposed amendments meet the intent of the original site plan approval. The window graphics will serve the same purposes as the applicant s original proposal of masking back-of-house activities, while windows in the grocery store that are at pedestrian level will still meet the standard retail transparency requirements. The modification for the loading dock entrance height was required by building code requirements that were not anticipated at the time of original approval. The reduced entrance height will still be able to accommodate garbage trucks and the types of delivery trucks used for the grocery business. Therefore, staff recommends that the County Board adopt the attached ordinance to amend Condition #30 to permit graphics in windows along Lee Highway instead of the previously approved display cases, and to amend Condition #36 to reduce the height of the West block loading dock entrance, subject to all previously approved conditions and revised Conditions #30 and #36. SP# 420 Bergmann s - 6 -

7 SITE PLAN AMENDMENT ORDINANCE WHEREAS, an application for a Site Plan Amendment dated April 6, 2015 for Site Plan #420 to modify Conditions #30 and #36 was filed with the Office of the Zoning Administrator; and WHEREAS, as indicated in the Staff Report provided to the County Board for its June 13, 2015 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 and revised Condition #30 and #36 as set forth below; and WHEREAS, the County Board held a duly-advertised public hearing on that Site Plan Amendment on June 13, 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 (as modified by the site plan approval); 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 September 19, 2011 for Site Plan #420, and as such application has been modified, revised, or amended as set forth in the Zoning Administration records for a Site Plan Amendment to modify Conditions #30 and #36, on the parcel of real property known as 2145 Lee Highway (aka 1901 N. Veitch St.) (RPC# , -003 through -009), approval is granted and the parcel so described shall be used according to the revised site plan application, subject to all previously approved conditions (numbers 1 through 90) and with revised Conditions #30 and #36 as set forth below: Façade Treatment of Buildings 30. The developer agrees that the design of the facade treatment for the buildings and the materials to be used on the facades shall be as specified and shown on the submitted drawings identified in Condition #1 and as presented to the County Board and made a part of the public record on the County Board date identified in Condition #1, including all renderings, drawings, and presentation boards presented during public hearings. The developer agrees to submit three (3) copies of colored façade elevations at 24 x 36, which label the materials and colors for each elevation of the building, including interior elevations (e.g. elevations adjacent to interior courtyards, plazas and access drives), one (1) copy of black and white architectural elevations, and one (1) sample material board at no larger than 24 x 36, for review by the County Manager for consistency with this site plan approval prior to the issuance of the Footing to Grade SP# 420 Bergmann s - 7 -

8 Permit, or if no Footing to Grade permit is required, then the first above grade building permit. The submission shall be made to the Zoning Office. The developer further agrees to obtain the approval of the County Manager of the façade treatment as being consistent with the County Board approval before the issuance of the Final Building Permit. The developer agrees that all retail storefronts along public rights-of-way are required to have an overall minimum transparency of 50% as measured from floor to ceiling, except as detailed below. In addition, the portion of the retail storefronts on North Veitch Street and for a distance of 60 feet east the westernmost window facing Lee Highway from the intersection of Lee Highway and North Veitch Street that is located between three and eight feet from grade is required to be at least 80% transparent. The purpose of this condition is to allow pedestrians to view the activity within the retail establishment and to allow patrons and employees of the retail establishments to view the activity on the sidewalk and street. Transparency shall mean using glass or other transparent exterior material offering a view into an area of the retail establishment where human activity normally occurs and shall not be satisfied by views into areas blocked by display cases, the rear of shelving, interior walls, blinds, hallways, or the like. Provided that the exterior material is glass or other transparent material, a tenant may apply to the County Board for a site plan amendment to grant an exception to this condition for a specified duration. If and at all times when, the retail space is leased by a grocery store tenant, the developer may install vinyl (or similar material) graphics in the windows on that part of the Lee Highway façade of such retail space (beyond other than the 60 feet westernmost window as detailed above) that is dedicated to retail tenant back-of-house operations and storage shall have display cases installed behind a transparent storefront pursuant to this condition in order to shield the storage and back-of house areas from public view. The display cases shall include artwork and/or merchandise for sale on the premises and the displays shall be rotated, at a minimum, on a quarterly basis. Said graphics shall not be considered a sign if they meet the following criteria: include no text legible from a public roadway; include no logo or trademarked symbol; include no specific commercial product, although it may include such generic products as automobiles, furniture, or other items where the brand is not apparent and as long as the products are not for sale on the premises; and include no picture, symbol or device of any kind that relates to a commercial business, product or service offered on the premises. Said graphics may be changed from time to time without additional County Board approval so long as they meet the criteria above. 36. Interior Loading Spaces The developer agrees that all loading spaces shall be in the interior of the building and shall also comply with the following requirements: minimum 12-foot clear width (including entrances), minimum 40 foot-length and 14-foot height clearance, except at the West block which may have a 13-foot height clearance. Any loading dock to be used for trash removal in the western block shall have a minimum interior height clearance of 16 feet and any loading dock to be used for trash removal in the eastern SP# 420 Bergmann s - 8 -

9 block shall have a minimum interior height clearance of 18 feet. All loading docks shall contain closable doors. Use of the loading docks for deliveries or trash pick-ups, excluding moving vans, shall be limited to the hours from 8:00 a.m. to 6:00 p.m., seven (7) days a week. The loading dock doors shall also be closed when the loading docks are in use, except when necessary for entry or exit of vehicles, venting of vehicle exhaust, or when required for similar operational or safety measures. Notwithstanding the conditions above, the developer agrees that the loading dock hours of operation for deliveries and trash pick-ups to a grocery store may occur during the hours of 6 a.m. 9 p.m., seven (7) days a week. The developer agrees that these extended hours will be permitted only as long as the grocery store continues to operate at that location. The developer further agrees to provide written notification to each prospective residential tenant of the residences on the West block of the loading dock hours of operation. In addition, the developer agrees to post the loading dock hours of operation in a publicly noticeable area in the residential building and to install permanent signs in the loading dock displaying the permitted hours of operation of the loading dock in accordance with the requirements of this Condition #37. The developer also agrees to provide the contact information for a loading dock liaison to the Zoning Administrator and the North Highlands Civic Association prior to issuance of the first Certificate of Occupancy for the grocery store in the West. SP# 420 Bergmann s - 9 -

10 PREVIOUS COUNTY BOARD ACTIONS: September 17, 2011 December 8, 2012 Authorized advertising a General Land Use Plan amendment for the two (2) blocks generally bounded by Lee Hwy., N. Veitch St., 21st St. N., and the VDOT right-of-way for I-66 from "Low-Medium" Residential (16-36 units/acre) to "Low" Office- Apartment-Hotel (up to 1.5 FAR office; up to 72 units/acre residential; up to 110 units/acre hotel). Approved a General Land Use Plan amendment for the two (2) blocks generally bounded by Lee Hwy., N. Veitch St., 21st St. N., and the VDOT right-of-way for I-66 from "Low-Medium" Residential (16-36 units/acre) to "Low" Office-Apartment- Hotel (up to 1.5 FAR office; up to 72 units/acre residential; up to 110 units/acre hotel). Approved a rezoning from "C-2" Service Commercial--Community Business Districts and "R-5" One-Family, Restricted Two- Family Dwelling Districts to "C-O-1.5" Commercial Office Building, Hotel and Apartment Districts for the property located at 2145 & 2147 Lee Hwy., 2001 & 2005 N. Uhle St., 2114, 2118, th St. N., vacated right of way of 2100 block of 20th St. N. (RPC# , -003 through - 009, through -007, through -008). Approved a site plan for up to 202 dwelling units, and 13,257 g.f.a. of retail; located at 2145 & 2147 Lee Hwy., 2001 & 2005 N. Uhle St., 2114, 2118, th St. N., vacated right of way of 2100 block of 20th St. N. (RPC# , -003 through - 009, through -007, through -008). SP# 420 Bergmann s

11 LOADING

12 R-6 S-3A R-5 RA ST ST NINTERSTATE 66 RAMP RAMP R-5 20TH ST N R15-30T N VANCE ST TH ST N R C-O-1.5 N UHLE ST LEE HWY 20TH ST N 1947 C LEE HWY N UHLE ST RA SP # 420 N WAYNE ST 1901 N. Veitch St. RPC # LEE HWY N VEITCH ST RA TH CT N19TH ST N R I Scale: Case Location(s) 1:1,500 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