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

Similar documents
ARLINGTON COUNTY, VIRGINIA

ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of February 24, 2018

ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of September 24, 2016

ARLINGTON COUNTY, VIRGINIA

ARLINGTON COUNTY, VIRGINIA

ARLINGTON COUNTY, VIRGINIA

ARLINGTON COUNTY, VIRGINIA

ARLINGTON COUNTY, VIRGINIA

ARLINGTON COUNTY, VIRGINIA

ARLINGTON COUNTY, VIRGINIA

Mr. Days, Clarendon Grill, Clarendon Ballroom, and Whitlow's on Wilson

21. ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of December 15, DATE: December 6, 2018

ARLINGTON COUNTY, VIRGINIA

ARLINGTON COUNTY, VIRGINIA

ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of May 19, 2018

ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of November 13, 2010

ARLINGTON COUNTY, VIRGINIA

ARLINGTON COUNTY, VIRGINIA

Federal Realty Investment Trust 1301 South Joyce Street Arlington, Virginia 22202

ARLINGTON COUNTY, VIRGINIA

ADMINISTRATIVE HEARING AGENDA REPORT

MINUTES FOR APPROVAL. Attached for County Board consideration for approval are the minutes of the meeting date listed below:

Sec Alcoholic Beverage Establishments. a) Intent

ARLINGTON COUNTY, VIRGINIA

LIQUOR LICENSE PLAN OF OPERATION

ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of November 13, 2010

ARLINGTON COUNTY, VIRGINIA

C-O Commercial Office Building, Hotel and Multiple-Family Dwelling Districts.

ORDER ON SETTLEMENT AGREEMENT

ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of June 15, 2013

ARLINGTON COUNTY, VIRGINIA

Planning Commission March 5, Final Minutes

Entertainment Commission

ARLINGTON COUNTY, VIRGINIA

ARLINGTON COUNTY, VIRGINIA

CITY PLAN COMMISSION THURSDAY, SEPTEMBER 28, 2017 Planner: Andrew Ruegg. FILE NUMBER: DCA DATE INITIATED: August 8, 2016

CITY OF FERNDALE REQUEST FOR COUNCIL ACTION

Smith Property Holdings Buchanan House, LLC

ORDINANCE NO BE IT ORDAINED by the Board of County Commissioners of. known as the Alcoholic Beverages Ordinance is to regulate the

ARLINGTON COUNTY, VIRGINIA

DRAFT DOCUMENT -- REVISIONS MAY OCCUR BEFORE POSTED TO COUNCIL AGENDA ORDINANCE NO.

Village of Royal Palm Beach Village Council Agenda Item Summary

April, June. o 9:15 10:45 am in person before Program Council meeting February, May

Martin D. Walsh, Agent/Attorney Walsh, Colucci, Lubeley, Emrich, & Terpak, PC 2200 Clarendon Boulevard, 13th Floor Arlington, Virginia 22201

Nightclubs, Bars, Lounges and Restaurants. Citizens Advisory Group January 16, 2014 Meeting

SOUND (NOISE) PERMIT

NIGHTCLUBS AND NIGHTCLUB PROMOTER ORDINANCE

THE DISTRICT OF COLUMBIA ALCOHOLIC BEVERAGE CONTROL BOARD

PART II - CODE OF ORDINANCES Chapter 13 - LICENSES, PERMITS AND BUSINESS REGULATIONS ARTICLE II. - AMUSEMENTS DIVISION 4.

TEMPORARY MINOR SPECIAL EVENTS

CITY OF KISSIMMEE APPLICATION FOR DEVELOPMENT REVIEW

AN ORDINANCE TO AMEND CHAPTER 189 OF THE MUNICIPAL CODE OF THE CITY OF REHOBOTH BEACH, DELAWARE, 2001, RELATING TO NOISE.

Request Conditional Use Permit (Religious Use) Staff Planner Jonathan Sanders

ORDINANCE NO The City Council of the City of Menlo Park does ordain as follows:

FILMING PERMIT APPLICATION

APPROVED MINUTES OF THE ARLINGTON COUNTY PLANNING COMMISSION TUESDAY, JUNE 1, 2010

TOWN OF LIVONIA A LOCAL LAW -2018

PORT INDUSTRIAL ZONE - RULES

353 North Clark, LLC. D/b/a: Barrio. 65 W. Kinzie St. Chicago, IL 60654

CHAPTER 5. ALCOHOLIC BEVERAGES. Section General Provisions

ARLINGTON COUNTY, VIRGINIA

Vacation rental permits.

Staff Report Bronwyn Rittner Conditional Use Permit Mobile Vending Carts or Stands New Castle Town Council Meeting July 19, 2016

SIDEWALK CAFE! LICENSE APPLICATION PACKET

June 23, Stafford County Board of Zoning Appeals FROM: ATTACHMENTS: 5. Letter from HOA. 1. Application. 2. Application Affidavit

development and operation of special event facilities accessory to a owner's primary residence, or manager's residence if the manager is

municipality to regulate the hours that a vendor may sell alcoholic beverages and concerning certain SEVERABILITY AND PROVIDING FOR AN EFFECTIVE

Chapter 4 - AMUSEMENTS

AN ORDINANCE TO AMEND CHAPTER 189 OF THE MUNICIPAL CODE OF THE CITY OF REHOBOTH BEACH, DELAWARE, 2001, RELATING TO NOISE.

Executive Summary Conditional Use

BE IT ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF OXFORD, MISSISSIPPI AS FOLLOWS:

SECTION HOME OCCUPATIONS

Chico, CA Code of Ordinances. Chapter 9.38 NOISE

Web Site: EAST PEORIA HOME OF THE FESTIVAL OF LIGHTS

8 February 10, 2010 Public Hearing APPLICANT: GREAT NECK FLORIST & GIFTS, LLC PROPERTY OWNER: JOHN SHOMIER

Bylaw No The Noise Bylaw. Codified to Bylaw No (May 3, 2004)

TOWNSHIP OF CLARK Ordinance No. Adopted. Introduced: January 20, 2015 Public Hearing: February 17, Motion: O Connor Motion:

CORPORATION OF THE CITY OF NEW WESTMINSTER WATER SHORTAGE RESPONSE BYLAW NO. 6948, EFFECTIVE DATE: September 27, 2004

CITY OF KIRKWOOD PLANNING AND ZONING COMMISSION September 18, 2013

THE CITY OF POUGHKEEPSIE NEW YORK

TITLE 8 ALCOHOLIC BEVERAGES 1 CHAPTER 1 BEER 2

BOARD OF SELECTMEN TOWN OF FOXBOROUGH 40 SOUTH STREET FOXBOROUGH, MASSACHUSETTS Telephone Fax

University of California, Santa Cruz Request for Interest (RFI) Café Operator for the UC Santa Cruz McHenry Library Global Village Café

LAST UPDATE: July Office of the City Clerk

CHAPTER 11 ALCOHOL BEVERAGES

ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of May 10, 2014

PERCENT MALT LIQUOR

ORD WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require;

MEDICAL MARIHUANA FACILITIES LICENSING ORDINANCE. (Adopted December 4, 2017, Amended January 8, 2018)

Music Venue Summit Informational Community Meeting January 25, 2016

Chapter 86 GAMES OF CHANCE. [HISTORY: Adopted by the Town Board of the Town of Liberty by L.L. No ] GENERAL REFERENCES

USE OF U.S. CAPITOL VISITOR CENTER ROOMS AND SPACES

Alhambra, California Code of Ordinances TITLE XVIII: COMMUNITY NOISE AND VIBRATION CONTROL CHAPTER 18.02: NOISE AND VIBRATION CONTROL REGULATIONS

CHAPTER 35 - TOURIST ROOMING HOUSE

Mariesa Connolly

The Board of Supervisors of the County of Shasta ordains as follows:

8 July 13, 2011 Public Hearing APPLICANT AND PROPERTY OWNER: EQUI-KIDS THERAPEUTIC RIDING PROGRAM

City and County of San Francisco Page 1. Meeting Minutes Public Safety and Neighborhood Services Committee

SYMMES TOWNSHIP EXTERIOR PROPERTY MAINTENANCE APPEAL BOARD (The Board ) RULES OF PROCEDURE. Adopted, 201 ARTICLE I.

RESIDENTIAL PARKING PROGRAM PETITIONER PACKET

Transcription:

ARLINGTON COUNTY, VIRGINIA County Board Agenda Item Meeting of September 22, 2018 DATE: September 13, 2018 SUBJECT: U-2795-93-1 USE PERMIT REVIEW for live entertainment and dancing for Darna Restaurant; located at 946 N Jackson St. (RPC# 14-033-013). Applicant: Ahmad M. Ayyad 946 North Jackson Street Arlington, Virginia 22201 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 2018. The applicant has resolved all violations, and a new Certificate of Occupancy was issued on August 17, 2018. SUMMARY: The subject use permit (U-2795-93-1) 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.

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, 2018. BACKGROUND: The following provides additional information about the site and location: Address/RPC: 946 N Jackson St. (RPC# 14-033-013) 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-2795-93-1-2 -

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 2018. 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 2018. 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-2795-93-1-3 -

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 2018. 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 15.2-2204. 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-2795-93-1-4 -

Adjacent civic associations were informed of the application via email 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-2795-93-1-5 -

PREVIOUS COUNTY BOARD ACTIONS: February 5, 1994 February 4, 1995 February 7, 1998 May 22, 1999 Approved a use permit (U-2795-93-1) 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-2795-93-1) for live entertainment in a restaurant, subject to all previous conditions, and with a review in three (3) years. Continued a use permit (U-2795-93-1) 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-2795-93-1) for extended live entertainment in an existing restaurant, subject to all previous conditions. August 14, 1999 Deferred a use permit amendment request (U-2795-93- 1) 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-2795-93- 1) 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-2795-93-1) 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-2795-93-1). Continued a use permit amendment (U-2795-93-1) for extended live entertainment, subject to all previous conditions, and with a review in six (6) months. Renewed a use permit for (U-2795-93-1) 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-2795-93-1-6 -

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-2795-93-1), subject to all previous conditions and with a County Board review in three (3) years (October 2006). Renewed use permit (U-2795-93-1), subject to all previous conditions and with County Board review in five (5) years (October 2011). Renewed a use permit (U-2795-93-1), 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-2795-93-1) 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 2018. U-2795-93-1-7 -

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-2795-93-1-8 -

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-2795-93-1-9 -

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-2795-93-1-10 -

3351 3301 KIRKWOOD RD 3245 3280 FAIRFAX DR C-3 S-3A 3282 3275 10TH ST N C-O-1.5 3300 3299 936 932 N KENMORE ST 933 931 927 929 923 960 950 946 C-2 3301 WILSON BLVD N JACKSON ST 925 3298 919 3325 3300 921 RA8-18 U-2795-93-1 3413 3409 MU-VS 3336 3330 3322 C-O-1.0 890 842 886 838 882 834 RA8-18 905 R-6 946 N Jackson St I RPC # 14-033-013 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