ARLINGTON COUNTY, VIRGINIA

Transcription

1 ARLINGTON COUNTY, VIRGINIA County Board Agenda Item Meeting of January 23, 2016 DATE: January 13, 2016 SUBJECT: SP-392-U-15-1 USE PERMIT ASSOCIATED WITH A SITE PLAN review for a food delivery service for Jimmy Johns; located at 1138 N. Irving St. (The Beacon Clarendon Apartments) (RPC# ). Applicant: Lee Sandwiches, Inc., DBA Jimmy Johns By: Paul T. Wright 304 S. Jackson St. Arlington, Virginia C.M. RECOMMENDATION: Renew the use permit associated with a site plan, subject to the conditions of the staff report and with a three (3) year County Board review (January 2019). ISSUES: This is a one (1) year review of a use permit associated with a site plan for a food delivery service located at 1138 N. Irving St., and no issues have been identified. SUMMARY: This is a one (1) year review of a use permit associated with a site plan for Jimmy John s food delivery service. The applicant has operated a food delivery service at Jimmy Johns for the past year without issues and no violations of use permit conditions have been identified. The hours of operation for food delivery service are limited to Sunday through Thursday from 11 a.m. to 10 p.m. and Friday through Saturday from 11 a.m. to 2 a.m. The maximum number of delivery automobiles that may be used in the business at any one time is up to three (3) vehicles. Staff has confirmed that the applicant is operating in compliance with the use permit conditions approved by the County Board. County Manager: ##### County Attorney: ***** Staff: Nicole R. Boling, DCPHD, Planning Division 4.

2 BACKGROUND: The use permit associated with a site plan for food delivery for Jimmy Johns at the subject location was approved by the County Board on January 24, Since the time of approval, the food delivery service has been operating in compliance with the approved conditions. Figure 1: Site Location Jimmy Johns 1138 N. Irving St. DISCUSSION: The applicant has operated a food delivery service at Jimmy Johns for the past year without issues. The subject space is located at 1138 N. Irving St. (first floor commercial space at The Beacon Clarendon Apartments N. Irving St.) The hours of operation for food delivery service are limited to Sunday through Thursday from 11 a.m. to 10 p.m. and Friday through Saturday from 11 a.m. to 2 a.m. The maximum number of delivery automobiles that may be used in the business at any one time is up to three (3) vehicles. The vehicles must be parked in The Beacon Clarendon Apartments parking garage on the P1 level. Staff has confirmed that the applicant is operating in compliance with the use permit conditions approved by the County Board. Renewal of the use permit associated with a site plan will not 1) adversely impact the surrounding neighborhood; 2) be detrimental to the public welfare or injurious to property or improvements in the neighborhood; and 3) be in conflict with the purposes of master plans of the County. SP-392-U-15-1 Use Permit Assoc. w/ Site Plan - 2 -

3 Since County Board approval (January 24, 2015): Use Permit Conditions: No violations of use permit conditions have been identified. Community Code Enforcement: The Code Enforcement Office has not reported any issues with this use. Police Department: The Police Department has not reported any issues with this use. Fire Marshal s Office: The Fire Department has not reported any issues with this use. Neighborhood: The site is located within the Lyon Village Citizens Association and is adjacent to the Clarendon-Courthouse and the Ballston-Virginia Square Civic Association, each of whom were contacted by staff regarding the one (1) year review of this use permit associated with a site plan. The Clarendon Alliance was also contacted regarding the review. No comments have been received as of the date of this staff report. CONCLUSION: The use permit associated with a site plan is compliant with the conditions of approval. The food delivery service at Jimmy Johns has not created an undue, adverse impact on the health or safety of persons residing or working in the neighborhood of the use. Therefore, staff recommends renewal of the subject use permit associated with a site plan subject to all previously approved conditions, with a County Board review in three (3) years (January 2019). SP-392-U-15-1 Use Permit Assoc. w/ Site Plan - 3 -

4 PREVIOUS COUNTY BOARD ACTIONS: December 13, 2005 Approved a site plan request for approximately 155 dwelling units and approximately 18,540 square feet commercial space. November 15, 2008 June 16, 2012 Approved a site plan amendment request to modify the condition for submittal of the plat of excavated area, subject to the revised development Condition #33 and to all previously approved conditions (#1 through #80). Adopted the attached ordinance to approve site plan amendments to Site Plans #13 (Crystal Houses Lofts), 18 (1812 N. Moore Street), 51 (Jefferson Plaza), 105 (Metropolitan Park 3), 297 (Pentagon Center Phase One), 331 (Arlington Gateway Fairmont), 335 (Rosslyn Central Place), 346 (Potomac Yard Bays C, D-East and D-West), 382 (NSTA), 386 (3901 Fairfax), 389 (2000 Wilson Boulevard), 392 (1200 N. Irving Street), 395 (Dominion Heights), 400 (Monument View/Boeing), 401 (Peck/Staples/Jordan Manor), 403 ( th Street), 405 (Buckingham Village 1), 406 (2201 Pershing Drive), 409 (1716 Wilson Boulevard), 411 (1900 Wilson Boulevard), 412 (Rosslyn Commons), 413 (Founders Square), 416 (Virginia Square Towers), 417 (Wakefield Manor), and 418 (3001 Washington Boulevard) to amend the minimum tree caliper size requirements stipulated in site plan conditions from 4 to 4 ½ inches to 3 ½ inches. Approved the proposal to amend Use Permits U (Marymount University), U (Army Navy Country Club), U (Yorktown High School), U (2525 Lee Highway UCMUD), U (4520 N. Glebe/Barrett URD), U (Wakefield High School), and U (Buckingham Village 3) to amend the minimum tree caliper size requirements stipulated in conditions from 4 to 4 ½ inches to 3 ½ inches. SP-392-U-15-1 Use Permit Assoc. w/ Site Plan - 4 -

5 December 8, 2012 January 24, 2015 Approved a use permit associated with a site plan (SP- 392-U-12-1) for placement of an off-site construction trailer subject to the conditions of the staff report. Approved a use permit associated with a site plan (SP- 392-U-15-1) for a food delivery service for Jimmy Johns located at 1138 N. Irving St. subject to the conditions of the staff report. SP-392-U-15-1 Use Permit Assoc. w/ Site Plan - 5 -

6 Approved Conditions: 1. The applicant (applicant shall mean the applicant, owner and all successors and assigns) agrees that the hours of operation for the food delivery service (where delivery is by use of an automobile) shall be limited to Sunday through Thursday from 11 a.m. to 10 p.m. and Friday through Saturday from 11 a.m. to 2 a.m. 2. The applicant agrees to develop and implement a delivery and driver safety plan and to obtain the County Manager s, or her designee s, approval of such a plan before any food delivery service can begin. The plan shall include at a minimum: identification of a driver safety course, completion of which will be required of all drivers employed by the applicant before they begin delivery service; a routing plan including maps for delivery vehicles, which will show entry and exit routes from the site; and an outline of the contents of the course. The applicant understands and acknowledges that the County Board has found the exception for this use to be justified only because the applicant has agreed that the use will make deliveries by vehicles using only the commercial frontages and streets to the maximum extent possible. 3. The applicant agrees that the delivery vehicles will not be parked on the street or in the surface parking lots surrounding the site when not in use for delivery and that delivery vehicles must be parked in The Beacon Clarendon Apartments parking garage located at 1128 N. Irving St. The maximum number of delivery automobiles that may be use in the business at any one time is up to three (3) vehicles. 4. The applicant agrees to identify an on-site liaison who shall be available during all hours of operation to receive and respond to community concerns. The name, telephone number, and electronic mail address (if available) of the liaison shall be submitted to the Zoning Administrator and a copy sent to the property managers for The Beacon Clarendon Apartments, the Lyon Village Citizens Association, the Clarendon-Courthouse Civic Association, the Ballston-Virginia Square Civic Association, and the Clarendon Alliance within thirty (30) days after County Board approval. SP-392-U-15-1 Use Permit Assoc. w/ Site Plan - 6 -

7 RA C-R 1308 N HUDSON ST N 1301 JACKSON ST 1207 R TH ST N R15-30T N IVY ST N IRVING ST C WASHINGTON BLVD WILSON BLVD FAIRFAX DR 3200 N IRVING ST SP-392-U N. Irving St. RPC # Scale: ICase 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