ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of September 22, 2018

Transcription

1 ARLINGTON COUNTY, VIRGINIA County Board Agenda Item Meeting of September 22, 2018 DATE: September 13, 2018 SUBJECT: U USE PERMIT REVIEW for live entertainment and dancing for Darna Restaurant; located at 946 N Jackson St. (RPC# ). Applicant: Ahmad M. Ayyad 946 North Jackson Street Arlington, Virginia C.M. RECOMMENDATION: Renew the subject use permit for live entertainment and dancing at Darna Restaurant; located at 946 N. Jackson St., subject to the previously approved conditions with a one (1) year County Board review (September 2019). ISSUES: This is a two (2) month use permit review for live entertainment and dancing located at Darna Restaurant. The use permit was renewed for two (2) months to allow time for the applicant to come into compliance with outstanding construction code violations that were cited during the Planning Division s three (3) month administrative review in January The applicant has resolved all violations, and a new Certificate of Occupancy was issued on August 17, SUMMARY: The subject use permit (U ) was amended in April 2012 to allow Darna Restaurant to provide live entertainment and dancing with modified and additional conditions for the establishment located at 946 N. Jackson St. The use permit was last renewed for two (2) months by the County Board in July 2018 to allow the applicant time to come into compliance with outstanding construction code violations. The approved hours of operation for live entertainment and dancing are between 8:00 p.m. and 1:30 a.m., Thursday through Saturday and between the hours of 8:00 p.m. and 12:00 a.m. on Wednesdays and Sundays. During the three (3) month administrative review in January 2018, the Inspection Services Division (ISD) conducted a coordinated inspection of the establishment with other staff including the Fire Marshal and County Manager: ##### County Attorney: ***** Staff: Cedric Southerland, DCPHD, Planning Division 12.

2 inspectors from the Environmental Health and Zoning Divisions. The coordinated inspection revealed numerous violations of the Building, Fire, Zoning and Environmental Health Codes, which resulted in the temporary closure of the Darna Restaurant by the Chief Building Official. The establishment reopened after correcting the major violations identified during the coordinated inspection. During this use permit review, the applicant resolved all outstanding construction code violations and a new Certificate of Occupancy was issued on August 17, BACKGROUND: The following provides additional information about the site and location: Address/RPC: 946 N Jackson St. (RPC# ) Neighborhood: Ballston-Virginia Square Zoning: C-2 GLUP: Existing Land Use: Medium Density Mixed-Use. East End Special Coordinated Mixed-Use District. Two-story commercial building. Currently, a restaurant occupies the space. Live entertainment and dancing is permitted by use permit. Figure 1. Aerial View Darna Restaurant 946 N. Jackson N Source: Pictometry Figure 2. Street View U

3 Source: CPHD DISCUSSION: The following details the approved use and provides staff s assessment of the use during the two (2) month review period. RENEWED USE: Live Entertainment: Hours of Operation: Musical Ensembles, solo performers, and deejays. Thursday through Saturday, between 8 p.m. and 1:30 a.m.; and Wednesdays and Sundays, between 8 p.m. and 12 a.m. ASSESSMENT: Zoning Enforcement: Code Enforcement: Police Department: The applicant has corrected all violations cited by Zoning Enforcement in January With the issuance of the new Certificate of Occupancy on August 17, 2018, the applicant has corrected all violations cited by Code Enforcement in January No issues reported. Fire Marshal s Office: On July 27, 2018, the Fire Marshal s Office issued a Notice of Violation (NOV) for exceeding the approved occupancy number. At the time of the violation, 100 persons were U

4 observed in the establishment where occupancy was limited to 58 persons. This reduced capacity was in effect during the period that the applicant was working to resolve building code violations. Since the new Certificate of Occupancy was issued on August 17, 2018, the establishment may now accommodate up to 204 persons. Virginia ABC: CPHD, Planning: No response at the time of this report. The applicant has completed all work related to the violations identified by Code Enforcement in January Though the applicant was issued a Notice of Violation by the Fire Marshal s Office for exceeding the approved occupancy capacity on July 27, 2018, occupancy violations should not be an issue moving forward as the occupancy has been reestablished at a maximum of 204 persons with the issuance of the new Certificate of Occupancy. With the resolution of building code violations and the issuance of the new Certificate of Occupancy that permits a maximum of 204 persons, staff recommends that the County Board renew the use permit for live entertainment and dancing with a County Board review in one (1) year (September 2019). PUBLIC ENGAGEMENT: Level of Engagement: Communicate This level of engagement is appropriate because the continued implementation and operation of the approved use is not anticipated to adversely impact the neighborhood. Outreach Methods: Public notice was given in accordance with the Code of Virginia Notices of the County Board hearing on the use permit were placed in the August 29, 2018 and September 5, 2018 issues of the Washington Times for the September 22, 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. U

5 Adjacent civic associations were informed of the application via communication. The subject property is located within the Ballston-Virginia Square Civic Association and is adjacent to the Ashton Heights Civic Association. Community Feedback: The Ballston-Virginia Square Civic Association has not provided any comments as of the date of this report. The Ashton Heights Civic Association has responded that they have received no complaints about the subject use. CONCLUSION: Since the July 2018 review of the subject use permit, the applicant has corrected all building code violations. Therefore, staff recommends renewal of the use permit, subject to all previously approved conditions, with a County Board review in one (1) year (September 2019). U

6 PREVIOUS COUNTY BOARD ACTIONS: February 5, 1994 February 4, 1995 February 7, 1998 May 22, 1999 Approved a use permit (U ) for live entertainment in a restaurant, Fridays and Saturdays from 8:00 p.m. to 1:00 a.m., and Sundays from 3:00 p.m. to 9:00 p.m., subject to the conditions of the staff report, and with a review in one (1) year. Continued a use permit (U ) for live entertainment in a restaurant, subject to all previous conditions, and with a review in three (3) years. Continued a use permit (U ) for live entertainment in a restaurant, subject to all previous conditions, and with a review in three (3) years. Deferred for three (3) months a use permit amendment request (U ) for extended live entertainment in an existing restaurant, subject to all previous conditions. August 14, 1999 Deferred a use permit amendment request (U ) for extended live entertainment to the October 2, 1999 County Board meeting, subject to all previous conditions. October 2, 1999 Approved a use permit amendment request (U ) for extended live entertainment, subject to amended condition #1, all other previous conditions, and with a review in six (6) months. April 8, 2000 February 10, 2001 April 21, 2001 October 13, 2001 October 19, 2002 Continued a use permit amendment (U ) for extended live entertainment, subject to all previous conditions, and with a review in one (1) year (April 2001). Took no action on use permit (U ). Continued a use permit amendment (U ) for extended live entertainment, subject to all previous conditions, and with a review in six (6) months. Renewed a use permit for (U ) subject to all previous conditions, with an administrative review in six (6) months and a County Board review in one (1) year. Renewed a use permit, subject to all previous conditions, with a County Board review in one (1) year. U

7 October 18, 2003 October 4, 2006 October 15, 2011 April 21, 2012 April 20, 2013 April 16, 2016 October 15, 2016 October 24, 2017 February 24, 2018 Renewed a use permit (U ), subject to all previous conditions and with a County Board review in three (3) years (October 2006). Renewed use permit (U ), subject to all previous conditions and with County Board review in five (5) years (October 2011). Renewed a use permit (U ), subject to all previous conditions, and amended Condition #1 and new Condition #5, with an administrative review in four (4) months (February 2012) and a County Board review in one (1) year (October 2012). Approved a use permit amendment (U ) allowing live entertainment and dancing for a new tenant, Darna Restaurant, subject to the conditions of the staff report, revised conditions #1 and #4 and new conditions #6 and #7, with an administrative review in six (6) months (October 2012) and a County Board review in one (1) year (April 2013). approved conditions and with a three (3) year County Board review (April 2016). approved conditions, revised condition #7, with an administrative review in three (3) months (July 2016) and a County Board review in six (6) months (October 2016). approved conditions and with a one (1) year County Board review (October 2017). approved conditions and with a three (3) month administrative review (January 2018) and a six (6) month County Board review (April 2018). Approved Request to Advertise On the County Boards Own Motion to review the use permit in March U

8 March 17, 2018 April 21, 2018 July 14, 2018 approved conditions and with a one (1) month County Board review (April 2018). approved conditions and with a three (3) month County Board review (July 2018). approved conditions and with a two (2) month County Board review (September 2018). U

9 Approved Conditions: 1. The applicant agrees that live entertainment and dancing shall be permitted only between the hours of 8:00 p.m. and 1:30 a.m., Thursdays, Fridays, and Saturdays and between the hours of 8:00 p.m. and 12:00 a.m. on Wednesdays and Sundays. The applicant further agrees that no live entertainment or dancing shall be permitted on Mondays or Tuesdays. 2. The applicant agrees that dancing is not permitted unless and until a dance hall permit for dancing is obtained from the Zoning Office. 3. The applicant agrees to designate and make available a neighborhood liaison to communicate with nearby residents and neighbors to address concerns which may be related to the live entertainment and dancing, and to designate an onsite liaison that shall be available during the hours of the business operation to receive and respond to community concerns regarding the live entertainment and dancing. The name, telephone number, and electronic mail address (if available) of the neighborhood liaison(s) shall be submitted to the Zoning Administrator and a copy sent to the Ballston-Virginia Square and Ashton Heights Civic Associations. 4. The applicant agrees to comply with the Arlington County Noise Ordinance, as may be amended, and further agrees that under no circumstances shall live entertainment and dancing be permitted in a location outside of the building or broadcast over loudspeakers outside of the building. The applicant agrees that doors and windows shall remain closed and shall not be propped open during live entertainment and dancing. 5. The applicant agrees that all staff serving alcohol to customers shall have TIPS (Training for Intervention Procedures) certification (or equivalent training accepted by the Alcohol Beverage Control Board (ABC)). The applicant agrees to keep a record of TIPS training certification for all restaurant staff, including all new staff, and submit this information upon the County s request. 6. The applicant agrees to comply, by way of illustration and not limitation, with all applicable requirements of County Ordinances and State Codes, the Environmental Health Bureau, and the Fire Marshal, the Police Department and the Alcohol Beverage Control Board (ABC). 7. The applicant agrees to provide on-site dedicated security from 8:00 p.m. until closing on nights when dancing is permitted. The on-site security, inside and outside the establishment, may consist of in-house staff, so long as that staff is dedicated to only security during the hours of live entertainment and dancing. Additionally, the applicant agrees to coordinate with the Arlington County Police Department on strategies for security. The on-site security shall wear visible identification to identify them as security. U

10 8. The applicant agrees to post signs in windows which inform patrons to respect the peace of residential neighborhoods and to avoid parking in the residential neighborhood where possible. 9. The applicant agrees to ensure that any patrons queuing outside should keep noise to a minimum. 10. The applicant agrees to make customers aware of proximity to Metro, available parking and any special parking arrangements through postings in the restaurant and on their website. 11. The applicant agrees to clean the sidewalk and plaza in front of its establishment each morning, including sweeping cigarette butts and litter that may have accumulated from any outdoor seating area, if applicable. 12. The applicant agrees that the approval for live entertainment and dancing at 946 N Jackson St is valid only for the current tenant/owner of Darna Restaurant. In the event that any other tenant/owner occupies the premises, the use permit shall be subject to review and renewal by the County Board at the time of such change in occupancy. U

11 KIRKWOOD RD FAIRFAX DR C-3 S-3A TH ST N C-O N KENMORE ST C WILSON BLVD N JACKSON ST RA8-18 U MU-VS C-O RA R N Jackson St I RPC # 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