Request Conditional Use Permits (Craft Brewery, Assembly Use & Open-Air Market) Staff Recommendation Approval. Staff Planner Robert Davis

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1 Applicant Property Owner Weathersby Properties, LLC Public Hearing January 9, 2019 City Council Election District Bayside Agenda Item 4 Request Conditional Use Permits (Craft Brewery, Assembly Use & Open-Air Market) Staff Recommendation Approval Staff Planner Robert Davis Location 2032 Pleasure House Road GPIN Site Size 25,000 square feet AICUZ Less than 65 db DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Furniture restoration / B-2 Community Business (Shore Drive Overlay) Surrounding Land Uses and Zoning Districts North Banquet facility / B-2 Community Business (Shore Drive Overlay) South Retail / B-2 Community Business (Shore Drive Overlay) East Single-family dwellings / R-10 Residential (Shore Drive Overlay) West Pleasure House Road Retail, playground / B-2 Community Business (Shore Drive Overlay) Page 1

2 Background and Summary of Proposal The applicant is requesting a Craft Brewery to be located on a 25,000 square foot site along Pleasure House Road within a building that was constructed in 1964 by the US Postal Service. The applicant is also requesting a Conditional Use Permit for an Open-Air Market for both a food truck and for outdoor vendors, as well as a Conditional Use Permit for an Assembly Use in order to host private events. The applicant proposes to renovate the 6,768 square foot building with a 2,800 square-foot tasting room. The remaining 3,968 square feet will be dedicated to manufacturing and storage of the beer. A 260 square-foot patio for outdoor seating is also proposed. Consistent with the Shore Drive Design Guidelines, the applicant is proposing upgrades to the building s façade by painting the brick pillars blue-green and staining the woodwork above the pillars. The applicant proposes to maintain and supplement the existing plant material located in front of the building. Plant material selected will be from the recommended species listed in the Shore Drive Design Guidelines. Typical hours of operation are proposed as 3:00 p.m. to 10:00 p.m., Monday through Thursday; 12:00 p.m. to 12:00 a.m., Friday through Saturday; and 12:00 a.m. to 10:00 p.m., on Sunday. The applicant proposes to use the existing freestanding sign. New building facade signage is proposed to be approximately three feet high by six feet wide on each side. According to the application, food will not be prepared on site for sale to customers. Rather, the applicant desires to provide space for a food truck to operate in the parking lot at the rear of the site, typically from 5:00 p.m. to 8:00 p.m. Monday through Friday, and from 12:00 p.m.to 8:00 p. m., Saturday through Sunday. The applicant proposes to install an electric outlet appropriate for the use of food trucks to minimize any noise that would otherwise arise from a generator commonly used by food trucks. No live music outdoors is proposed in association with the brewery or the assembly use. As the property borders an existing residential neighborhood, the applicant proposes to install an eight-foot tall noise reduction solid fence, known as Noistop, along the rear property line. This trademarked fence consists of noise-damping insulation inserted between wood panels, which will be attractively finished on both sides with a Scandinavian design. For the proposed uses, Section 203 of the Zoning Ordinance requires a minimum of 37 parking spaces on the site. Due to the number of available parking spaces on-site not being sufficient to meet this requirement; it is the applicant s expectation that the property owner of this site will enter into a shared parking agreement with the property owner of the adjacent property owner to the south for the remaining required parking spaces in order to comply with the minimum parking requirements of the Zoning Ordinance. Page 2

3 No Zoning History to Report CUP Conditional Use Permit REZ Rezoning CRZ Conditional Rezoning Application Types MOD Modification of Conditions or Proffers NON Nonconforming Use STC Street Closure FVR Floodplain Variance ALT Alternative Compliance SVR Subdivision Variance Evaluation and Recommendation The proposed Conditional Use Permit requests for a Craft Brewery, an Open-Air Market, and an Assembly Use are, in Staff s opinion, compatible with the other commercial uses along this section of Pleasure House Road, and no negative impacts to the adjacent properties are anticipated. The submitted layout depicts improvements to the site that include upgrades to landscaping, and replacement of the existing chain-link fence with a noise reducing fence. In Staff s opinion, the provision of the solid fence behind the proposed patio will provide sufficient screening and protection for the existing adjacent neighborhood. In addition, the applicant will install an appropriate electric outlet for the use of the food truck to ensure a quiet operation. The recommended conditions ensure that the improvements proposed, including façade treatments and fencing will be in keeping with the Shore Drive Corridor Design Guidelines. Building Façade colors will be neutral or earth tone colors and fence materials will be painted or stained wood or decorative vinyl and will be compatible with the architectural style of the building. Based on the considerations above, Staff recommends approval of this request subject to the conditions below. Recommended Conditions Conditional Use Permit (Craft Brewery) 1. With the exception of any modifications required by any of these conditions or by any City regulations, the site shall be configured in conformance with the submitted layout plan shown on page 6 of this report. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 2. Consistent with the Shore Drive Design Guidelines, the building façade shall be a neutral or earth tone color. No primary color shall be permitted. Page 3

4 3. The existing plant material shall remain and be maintained. Any supplemental plant material shall be consistent with the Shore Drive Design Guidelines. 4. The existing chain link fence shall be removed from the site and shall be replaced with a solid eight-foot tall noise-damping fence along the rear property line and extended eastward twelve feet along the north and south property lines. A solid six-foot tall privacy fence shall be installed along the remainder of the northern property line to the rear of the building and 65 feet along the remainder of the southern property line. Said fencing shall be in keeping with the Shore Drive District Design Guidelines for fences and shall be painted or stained wood or decorative vinyl fence systems that are compatible with the architectural style of the building. 5. The occupancy load for the Craft Brewery shall be established by the City of Virginia Beach Building Official s Office. 6. A Certificate of Occupancy shall be obtained prior to the operation of the Craft Brewery. 7. Any conditions associated with the license issued by the Virginia Alcoholic Beverage Control Board shall be incorporated as conditions with this Conditional Use Permit. 8. There shall be no sale or consumption of alcoholic beverages on the premises between midnight and 10:00 a.m. With the exception of weddings, gatherings and other special events covered in the Conditional Use Permit for Assembly Use, only beer or other fermented malt beverages and non-alcoholic beverages may be served on the premises. 9. All signage onsite shall meet the requirements of the City Zoning Ordinance. There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. A sign plan shall be submitted to the Zoning Office for review and permitting prior to the installation of any signage. Any existing signs that did not receive required permits shall be submitted to the Zoning Office for review. 10. As per Section 230 of the Zoning Ordinance, live music shall only be allowed inside the establishment when all the doors and windows are closed. No live music will be permitted outdoors. 11. All outdoor light fixtures shall be shielded away from the adjacent residential uses. 12. Emptying of dumpsters shall be limited to between the hours of 8:00 a.m. to 8:00 p.m. 13. If the parking spaces on an adjacent parcel are used in order to achieve the minimum number of parking spaces set forth in the Zoning Ordinance for the proposed use, a shared parking agreement shall be required and continuously maintained for the duration of the Conditional Use Permit. Said shared parking agreement shall be submitted to the Department of Planning and Community Development and deemed acceptable by the Zoning Administrator prior to the issuance of a Certificate of Occupancy. Otherwise, a Board of Zoning Appeals variance shall be required in order to operate in a manner consistent with the information presented in this report. Conditional Use Permit (Open-Air Market) 1. Unless otherwise authorized by the Zoning Ordinance, the Open-Air Market shall be limited to one food truck and up to four venders which shall be located in substantial conformance with the submitted layout plan, shown on page 6 of this report. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning and Community Development. 2. If the parking spaces on an adjacent parcel are used in order to achieve the minimum number of parking spaces set forth in the Zoning Ordinance for the proposed use, a shared parking agreement shall be required and Page 4

5 continuously maintained for the duration of the Conditional Use Permit. Said shared parking agreement shall be submitted to the Department of Planning and Community Development and deemed acceptable by the Zoning Administrator prior to the issuance of a Certificate of Occupancy. Otherwise, a Board of Zoning Appeals variance shall be required in order to operate in a manner consistent with the information presented in this report. Conditional Use Permit (Assembly Use) 1. Two weeks prior to any event held on the property exceeding an attendance of 120 guests, to include but not limited to weddings, parties, gatherings, fundraisers, etc., the applicant shall notify the following City agencies: Police Department, Fire Marshal Bureau, Commissioner of Revenue, the Current Planning and Zoning Divisions of the Virginia Beach Department of Planning and Community Development, and the Health Department. 2. If the parking spaces on an adjacent parcel are used in order to achieve the minimum number of parking spaces set forth in the Zoning Ordinance for the proposed use, a shared parking agreement shall be required and continuously maintained for the duration of the Conditional Use Permit. Said shared parking agreement shall be submitted to the Department of Planning and Community Development and deemed acceptable by the Zoning Administrator prior to the issuance of a Certificate of Occupancy. Otherwise, a Board of Zoning Appeals variance shall be required in order to operate in a manner consistent with the information presented in this report. 3. Occupancy for any event shall be determined by the Fire Prevention Bureau and the Building Official s Office. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being in Suburban Focus Area 1 Shore Drive Corridor. The Shore Drive Corridor is an integral part of the Bayfront Community, extending from Independence Boulevard to First Landing State Park. While primarily a residential community, the corridor shares the responsibility of being one of Virginia Beach s primary east-west connectors, creating unique and sometimes problematic challenges. The area is considered a resort neighborhood and not a resort destination. The Shore Drive Corridor is primarily a residential neighborhood area with commercial uses to support the residents. Planning policies that apply to this request include improving the land use compatibilities, avoiding over-commercialization, preserving and protecting the character of established neighborhoods and achieving the lowest reasonable density for future residential uses. Natural and Cultural Resources Impacts The site is located within the Chesapeake Bay watershed. There does not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Pleasure House Road 11,486 ADT 1 9,900 ADT 1 (LOS 4 D ) Existing Land Use 2 43 ADT Proposed Land Use ADT Average Daily Trips as defined by a furniture store as defined by a restaurant LOS = Level of Service Public Utility Impacts Water & Sewer The site currently connects to both City water and sanitary sewer service. Page 5

6 Proposed Site Layout Page 6

7 Proposed Patio Page 7

8 Proposed Fencing Along Rear Page 8

9 Proposed Signage Page 9

10 Site Photos Page 10

11 Disclosure Statement Page 11

12 Disclosure Statement Page 12

13 Disclosure Statement Page 13

14 Disclosure Statement Page 14

15 Disclosure Statement Page 15

16 Disclosure Statement Page 16

17 Disclosure Statement Page 17

18 Next Steps Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. Following City Council s decision, the applicant will receive a decision letter from Staff. Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at or the Development Liaison Team at Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Page 18