ARLINGTON COUNTY, VIRGINIA County Board Agenda Item Meeting of October 21, 2017 DATE: October 13, 2017 SUBJECT: U-2795-93-1 USE PERMIT REVIEW for live entertainment and dancing at 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, subject to all previously approved conditions, amended Conditions #2-6, and new conditions #8-12, and with a six (6) month administrative review (April 2018) and a County Board review in one (1) year (October 2018). ISSUES: This is a one (1) year County Board review of a use permit for live entertainment and dancing at. Between October 15, 2016 and September 5, 2017, approximately 28 calls for police service were recorded for the & Lounge. In addition, staff has received comments from a nearby neighbor about noise at the establishment, and as of the date of this report, the applicant has not satisfied Condition #5 of the use permit requiring all managers and staff to attend and obtain alcoholic beverage training and certification. SUMMARY: This use permit for live entertainment and dancing at was last reviewed and renewed by the County Board in October 2016. The restaurant is located within a commercial building which faces a parking lot and is surrounded by commercial/office buildings. The hours of live entertainment and dancing are between 8 p.m. and 1:30 a.m., Thursday through Saturday and between the hours of 8 p.m. and 12 a.m. on Wednesdays and Sundays. During this use permit review, staff contacted all associated County agencies and the community (the Ballston-Virginia Square Civic Association and the Ashton Heights Civic Association). The Zoning Division s Zoning Enforcement Section has identified that the County Manager: ##### County Attorney: ***** Staff: Cedric Southerland, DCPHD, Planning Division 6.
restaurant has not satisfied Condition #5, requiring that all managers and staff attend and obtain alcoholic beverage training and certification. Since the last County Board review, twenty-eight calls for service were dispatched by the Police Department. Calls for service occurred from October 15, 2016 to September 5, 2017 and twelve (12) calls occurred during the hours of live entertainment and dancing. Two (2) calls resulted in an arrest. The police indicated that the two calls resulting in an arrest were initiated by restaurant staff. The police have no concerns with the renewal of the use permit. However, to more closely monitor any adverse impacts related to the live entertainment use and compliance with Condition #5, staff recommends that the use permit be renewed, subject to all previously approved conditions, amended conditions #3-6, and new conditions #8-13 with a six (6) month administrative review (April 2018) and a County Board review in one (1) year (October 2018). BACKGROUND: This use permit was originally approved in February 1994 for the Costa Verde Restaurant for live entertainment and dancing on the first floor. In 1999, the use permit was amended to expand the live entertainment to include the second floor of the restaurant. In April 2012, a use permit amendment was approved for the new tenant,, for live entertainment and dancing with modified and added conditions. The new applicant received a certificate of occupancy for the space in December 2011 with corresponding dance hall permits issued. The County Board last reviewed and renewed this use permit in October 2016. The following provides additional information about the site and location: Site: The site is approximately 12,000 square feet and is located on North Jackson Street between Wilson Blvd and Fairfax Drive. Zoning: The site is zoned C-2 Service Commercial-Community Business District as designated in the Arlington County Zoning Ordinance (ACZO). Land Use: The site is designated as Medium Density Mixed-Use on the General Land Use Plan (GLUP). Neighborhood: The subject site is located within the Ballston-Virginia Square Civic Association and is adjacent to the Ashton Heights Civic Association. U-2795-93-1-2 -
Figure 1 946 N Jackson St N Source: Google Maps Figure 2 Source: Google Maps U-2795-93-1-3 -
DISCUSSION: The use permit allows for live entertainment and dancing between the hours of 8 p.m. and 1:30 a.m., Thursday through Saturday and between the hours of 8 p.m. and 12 a.m. on Wednesdays and Sundays. The restaurant offers various forms of live entertainment including, but not limited to, musical ensembles and solo performers. A dance hall permit was originally issued for the restaurant in May 2012 and has been subsequently renewed. Live entertainment and dancing may only occur indoors as described under Condition #4 of the use permit. Since the last County Board review, there have been twenty-eight calls for police service attributed to this location (See Table 1). Twelve (12) of the calls occurred during the hours of live entertainment, and two (2) of the calls resulted in an arrest. Of the twelve (12) calls, six (6) were for complaints of loud noise at the establishment and were resolved without issue. Four calls were minor in nature and resolved on scene. Police indicated that several of the calls were initiated by restaurant staff, and that they have no issues with the renewal of the use permit. During an inspection related to this review, the Zoning Enforcement Section determined that the restaurant has not satisfied Condition #5, requiring them to provide alcoholic beverage training for, and to require attendance at such training by all managers and employees. On September 25, 2017, Zoning gave the applicant a verbal warning and ten (10) days to come into compliance. Staff is also updating conditions to reflect the current language typically approved by the County Board for live entertainment and dancing use permits. Since the last use permit review (October 15, 2016): Use Permit Conditions: Condition #5 has not been satisfied requiring the applicant to provide alcoholic beverage training for, and to require attendance at such training by all managers and employees. Community Code Enforcement: Community Code Enforcement has not expressed any concerns regarding the continuation of this use permit. Police Department: During this review cycle, the Police Department has stated that from October, 15 2016 to September 5, 2017, there were twenty-eight calls for service attributed to this location. Twelve (12) of the calls occurred during the hours of live entertainment, and two (2) of the calls resulted in an arrest. Of the twelve (12) calls, six (6) were for complaints of loud noise at the establishment and were resolved without issue. Police indicated that restaurant staff initiated several of the calls, and that they have no issue with the renewal of the use permit. Table 1. Police Calls (U-2795-93-1) Date Day of the Week Time Complaint Description Violation 11/14/16 Monday 02:42AM GLA Unknown None 11/17/16 Thursday 01:06AM DISP Unknown None 11/19/16 Saturday 22:14PM JUV Unknown None 11/20/16 Sunday 03:00AM DISP Unknown None 12/15/16 Thursday 03:47AM OPEN Unknown None U-2795-93-1-4 -
Day of the Date Time Complaint Description Violation 01/02/17 Monday 02:29AM FIGHT Unknown None 01/05/17 Friday 02:32AM ASLTJO Unknown None 01/08/17 Sunday 03:10AM VPTOW Unknown None 01/13/17 Friday 01:33AM LOUD Unknown None 01/14/17 Saturday 01:46AM MOP A report was received for a male running on Wilson Boulevard at North Jackson Street. Upon police contact, the male stated I m drunk, help me! 1 arrest The male was arrested for Drunk in Public. 01/29/17 Sunday 01:23AM LOUD Unknown None 01/30/17 Monday 00:54AM DISP Unknown None 01/30/17 Monday 02:45AM HRJO Unknown None 03/13/17 Monday 00:28AM ASLTJO Unknown None 03/30/17 Thursday 17:28PM PDO Unknown None 04/02/17 Sunday 02:17AM ASLT Unknown None 04/09/17 Sunday 23:15PM DISP Cancelled Call None 04/10/17 Monday 00:39AM T Unknown 1citation 04/21/17 Friday 01:11AM LOUD Unknown None 05/07/17 Sunday 01:34AM TRUN Unknown None 06/01/17 Thursday 11:21AM VPTOW Unknown None 06/09/17 Friday 00:43AM DISP Darna staff reported an intoxicated female patron who refused to pay her tab and refused to leave the establishment. The patron refused to disclose her name to responding 1 arrest police. The patron was arrested for Drunk in Public, Obstruction of Justice, and Failure to ID. 06/16/17 Friday 01:48AM DIP Darna security staff reported an intoxicated male patron who refused to pay his bill. The patron was arrested 1 arrest for Drunk in Public and Obstruction of Justice. 06/22/17 Thursday 22:52PM DISP Unknown None 06/25/17 Sunday 23:42PM LOUD Unknown None 06/28/17 Wednesday 22:31PM LOUD Unknown None 06/29/17 Thursday 23:37PM LOUD Unknown None 07/22/17 Saturday 03:44AM HUAL Cancelled Call None 07/28/17 Friday 02:13AM DOME Unknown None 08/13/17 Sunday 02:10AM SUSC Unknown None 08/18/17 Friday 07:53AM HUAL Cancelled Call None 09/01/17 Friday 23:07PM LOUD Unknown None 09/01/17 Friday 09:23AM BEAL Cancelled Call None 09/04/17 Monday 02:26AM DISP Unknown None 09/04/17 Monday 00:13AM LOUD Unknown None *Hours of Live Entertainment: Sunday and Thursday 8PM 12AM; and Friday - Sunday 8PM 1:30AM ** ASLT = Assault, ASLTJO = Assault Just Occurred, BEAL = Breaking and Entering Alarm, DISP = Dispute, DIP = Drunk in Public, DOME = Domestic Dispute, GLA = Stolen Vehicle, HRJO = Hit and Run Just Occurred, HUAL = Hold Up Alarm, JUV = Juvenile Incident, Loud = Loud Noise, MOP = Mental, PDO = Motor Vehicle Accident with Property Damage Only, SUSC = Suspicious Circumstances, SUSP = Suspicious Person, T = Traffic Stop, TRUN = Trouble Unknown, and VPTOW = Vehicle Private Property Tow. U-2795-93-1-5 -
***Shaded rows indicate calls during Live Entertainment hours. Fire Marshal s Office: The Fire Marshal s Office has not expressed any concerns regarding the continuation of this use permit. Virginia Department of Alcoholic Beverage Control (ABC): The ABC has not expressed any concerns regarding this use permit. PUBLIC ENGAGEMENT: Staff contacted the Ballston-Virginia Square and Ashton Heights Civic Associations regarding the one (1) year review of this use permit. Both civic associations have responded and stated that they do not have any issues with the renewal of the associated use permit for live entertainment and dancing. In addition, on September 25, 2017, staff received a letter from a citizen expressing concern over the noise coming from the establishment late at night and early morning. Staff recommends a short renewal period to include a six (6) month administrative review to more closely monitor the use. CONCLUSION: There have been twelve calls for police service attributed to the establishment during the hours of live entertainment since the last renewal. Six (6) of the calls were for noise complaints that were resolved with compliance from restaurant staff. Two (2) calls resulted in an arrest and (4) calls were minor in nature and resolved on-site. In addition, there has been a noise complaint from a nearby neighbor and as of the date of this report, the applicant was not in compliance with Condition #5 requiring the applicant to provide alcoholic beverage training for, and attendance at such training by all managers and employees. To more closely monitor the live entertainment and dancing use, staff recommends that the use permit be renewed, subject to all previously approved conditions, amended conditions #2-6, and new conditions #8-12 with a six (6) month administrative review (April 2018) and a one (1) year County Board review (October 2018). Amended Conditions: 2. No dancing shall take place without the applicant first obtaining a valid dance hall permit, which would be renewed on an annual basis. No go-go dancing shall be permitted. 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 identify an on-site liaison to respond to any community concerns. The applicant shall furnish the Zoning Administrator, the Ballston-Virginia Square Civic Association, and the Ashton Heights Civic Association with the name and telephone number of the on-site liaison. 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 U-2795-93-1-6 -
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 ensure that all windows and doors to the subject site shall be kept closed at all times except for the purposes of entry, egress, and other intermittent uses, such as serving an outdoor seating area, and agrees to soundproof the structure as needed to maintain compliance with the Arlington County Noise Ordinance. The applicant agrees that under no circumstances shall live entertainment and dancing be permitted outside of the building or broadcast over loudspeakers outside the building. 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 to provide alcoholic beverage training for, and to require attendance at such training by, all managers and employees prior to administrative review of the use permit by County staff in February 2012. Managers shall attend Managers Alcohol Responsibility Training (MART) given by the Virginia Department of Alcoholic Beverage Control. All other employees that work during the times specified in Condition #1 of this use permit shall attend Responsible Sellers and Servers: Virginia s Program (RSVP), a class offered by the Virginia Department of Alcoholic Beverage Control. The applicant agrees that this training shall be documented and documentation of attendance by all staff will be provided to the County prior to such administrative review. 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 with all applicable requirements of County and State Ordinances, including, by way of illustration and not limitation, the Environmental Health Bureau, and the Fire Marshal, the Police Department, and the Alcohol Beverage Control Board (ABC). 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). 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. U-2795-93-1-7 -
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. 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-2795-93-1-8 -
Previously 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. No dancing shall take place without the applicant first obtaining a valid dance hall permit, which would be renewed on an annual basis. No go-go dancing shall be permitted. 3. The applicant agrees to identify an on-site liaison to respond to any community concerns. The applicant shall furnish the Zoning Administrator, the Ballston-Virginia Square Civic Association, and the Ashton Heights Civic Association with the name and telephone number of the on-site liaison. 4. The applicant agrees to ensure that all windows and doors to the subject site shall be kept closed at all times except for the purposes of entry, egress, and other intermittent uses, such as serving an outdoor seating area, and agrees to soundproof the structure as needed to maintain compliance with the Arlington County Noise Ordinance. The applicant agrees that under no circumstances shall live entertainment and dancing be permitted outside of the building or broadcast over loudspeakers outside the building. 5. The applicant agrees to provide alcoholic beverage training for, and to require attendance at such training by, all managers and employees prior to administrative review of the use permit by County staff in February 2012. Managers shall attend Managers Alcohol Responsibility Training (MART) given by the Virginia Department of Alcoholic Beverage Control. All other employees that work during the times specified in Condition #1 of this use permit shall attend Responsible Sellers and Servers: Virginia s Program (RSVP), a class offered by the Virginia Department of Alcoholic Beverage Control. The applicant agrees that this training shall be documented and documentation of attendance by all staff will be provided to the County prior to such administrative review. 6. The applicant agrees to comply with all applicable requirements of County and State Ordinances, including, by way of illustration and not limitation, 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 -
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 April 8, 2000 February 10, 2001 April 21, 2001 October 13, 2001 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. 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. U-2795-93-1-10 -
October 19, 2002 October 18, 2003 October 4, 2006 October 15, 2011 April 21, 2012 April 20, 2013 April 16, 2016 October 15, 2016 Renewed a use permit, subject to all previous conditions, with a County Board review in one (1) year. 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,, 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). Renewed a use permit (U-2795-93-1) for live entertainment and dancing, subject to all previously approved conditions and with a three (3) year County Board review (April 2016). Renewed a use permit (U-2795-93-1) for live entertainment and dancing, subject to all previously 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). Renewed a use permit (U-2795-93-1) for live entertainment and dancing, subject to all previously approved conditions and with a one (1) year County Board review (October 2017). U-2795-93-1-11 -
3301 FAIRFAX KIRKWOOD RD 3245 3280 3351 DR S-3A 3282 3275 10TH ST N C-O-1.5 3300 3299 C-3 936 932 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
September 25, 2017 Arlington County Board 2100 Clarendon Boulevard, Suite 300 Arlington, VA 22201 Members of the Arlington County Board: My name is Claire Whitesell. I am writing to request that the soundproofing and levels of bass produced at Darna, located at 946 N. Jackson Street, be re-evaluated as part of the renewal of their use permit for live entertainment and dancing. I had lived in my Arlington apartment, happily, for over a year, when in April 2017, I began having issues with audible, pulsing bass and vibrations Wednesday through Sunday nights, beginning around 10:30pm and continuing until 2:00am. Initially, I thought it may be neighbors behind my apartment complex, as it sounded so close. I have tried using ambient noise machines, fans, and a window AC unit to block the noise with no success because it is truly a continuous, thumping vibration at a frequency that cannot be covered with white noise. Regardless of the weather, I am unable to open my windows, and I am concerned for the winter when it will not be feasible to run multiple fans. I have spoken with multiple representatives of Arlington County about this issue, including the police department, code enforcement, and someone from the County Manager s Office. Two police officers have stood in my apartment, acknowledged the sound, and indicated there was nothing more that could be done - that it was an issue with code enforcement. Code enforcement has told me to speak with the police. To date, nothing has worked and the noise has continued, even outside of the hours listed in Darna's existing use permit. I feel as though I am being forced from my home. This routine exposure to noise pollution is impacting my ability to sleep and my health and wellbeing. Furthermore, I think it is truly unfair that code violations such as these persist with such regularity and despite numerous attempts being made to resolve the issue. Should any member of the board or any other representative of Arlington County care to hear the noise about which I am speaking, they may do so from my apartment. Any assistance you can provide in resolving this issue would be greatly appreciated. Thank you, Claire Whitesell