Request Conditional Use Permit (Craft Brewery) Staff Planner Stephen J. White

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Applicant, LLC t/a Reaver Beach Brewery Property Owner Thomas R. Boozel Public Hearing February 14, 2018 City Council Election District Rose Hall Agenda Item 2 Request Conditional Use Permit (Craft Brewery) Staff Planner Stephen J. White Location 1501 & 1505 Taylor Farm Road, Suites 401, 402, & 403 GPIN 1495752791 Site Size 1.58 acres AICUZ Greater than 75 db DNL Existing Land Use and Zoning District Office-Warehouse (Beverage Manufacturing) / I-1 Light Industrial Surrounding Land Uses and Zoning Districts North London Bridge Road Office-Warehouse / I-2 Heavy Industrial South Horse Pasture Road Undeveloped lot / I-1 Light Industrial East Taylor Farm Road Office-Warehouse / I-1 Light Industrial West Undeveloped lot / I-1 Light Industrial Page 1

Background and Summary of Proposal The applicant is purchasing the Reaver Beach Brewing Company, which has operated as a beverage manufacturing facility since 2010 within suites 401 and 402 of the office-warehouse building located on the site. The applicant is expanding the brewery operation into suite 403. The combined area of suites 401, 402, and 403 is approximately 9,000 square feet. The original beverage manufacturing operation evolved after 2010 to include elements common to a Craft Brewery, as defined by the Zoning Ordinance. As a result of the ownership change and the expansion of the brewery operation, a Conditional Use Permit for a Craft Brewery is necessary. The applicant has also applied for a permit from the Virginia Alcohol and Beverage Control (ABC) Board for a brewery and keg permit. There are no changes proposed to the exterior of the existing building. Proposed hours of operation are 3:00 p.m. to 9:00 p.m., Tuesday through Friday; 12:00 p.m. to 9:00 p.m. on Saturday; and 1:00 p.m. to 6:00 p.m. on Sunday. Beverages will be available for on-site consumption within the tasting room, which will only serve beer produced by the brewery. As defined in the Zoning Ordinance, Craft Breweries may not produce beer or other fermented beverages in excess of 15,000 barrels per year. The Zoning Administrator has determined that the retail area permitted as an accessory use on the site is limited to 10% of the gross floor area of the business. The existing number of parking spaces on the site meets the requirements of Section 203 of the Zoning Ordinance. The United States Navy owns a restrictive easement that encumbers use of the property. In November 2016, Reaver Beach Brewing Company was provided with a letter regarding the compliance of the operation with the restrictions of the easement. The City does not enforce the restrictions; however, the applicant states in the narrative of the application form that "the applicant shall comply with the terms of the Navy's Restrictive Use Easement." Additionally, Staff's recommended conditions for this Conditional Use Permit are consistent with the easement restrictions. Page 2

2 2 1 Zoning History # Request 1 CRZ (AG-1 & AG-2 to Conditional I-1) Approved 05/14/2002 2 CRZ (I-1 & I-2 to Conditional I-2) Approved 10/29/2002 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 Staff recommends approval of the applicant's request for a Conditional Use Permit to operate a Craft Brewery. The use is consistent with the Comprehensive Plan s land use goals for South Oceana SEGA 3. The use meets the standards listed in Section 230(a) for Craft Breweries, and is compatible with the uses in the surrounding area. Additionally, the use, subject to the conditions below, is compatible within the Greater than 75 db DNL AICUZ per the AICUZ Overlay Ordinance (Article 18 of the Zoning Ordinance). Recommended Conditions 1. The occupancy load for the Craft Brewery shall be established by the City of Virginia Beach Building Official s Office. 2. A Certificate of Occupancy shall be obtained prior to operation of the Craft Brewery. 3. There shall be no sale or consumption of alcoholic beverages on the premises between midnight and 10:00 a.m. 4. There shall be no live-music performances. 5. No food trucks shall be permitted to operate on the premises unless a separate Conditional Use Permit for an Open-Air Market is obtained. 6. There shall be no outside seating areas. 7. 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 Page 3

any signage. Any existing signs that did not receive required permits shall be submitted to the Zoning Office for review. 8. Floor area dedicated to retail sales auxiliary to and in association with the brewery shall not exceed ten (10) percent of the gross floor space of the building occupied by the brewery. 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. Comprehensive Plan Recommendations The Comprehensive Plan designates the area where this property is located as the South Oceana Special Economic Growth Area (SEGA) 3. The Plan identifies this SEGA as a special area with significant economic value and growth potential, (page 3-32, Policy Document). All development within this area must align with the City s AICUZ provisions and Oceana Land Use Conformity program. Measures to mitigate negative impacts on adjoining stable residential areas must be part of any development proposal in this area. Mitigation measures should include adequate screening, and light and noise attenuation in building and site design. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. As the site is fully developed with an office-warehouse and associated parking, there do not appear to be any significant natural or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Taylor Farm Road 757 ADT 1 9,900 ADT 1 (LOS 4 D ) 11,100 ADT 1 (LOS 4 Existing Land Use E ) 2 235 ADT Proposed Land Use 3 No Change 9,900 London Bridge Road 12,316 ADT 1 ADT 1 (LOS 4 D ) Anticipated 11,100 ADT 1 (LOS 4 E ) 1 Average Daily Trips 2 as defined by Drinking Establishment Public Utility Impacts 3 as defined by Drinking Establishment 4 LOS = Level of Service Water The site is currently connected to City water. The existing one-inch meter (City ID #997310) may be used or upgraded to accommodate the proposed development. Sewer The site is currently connected to City sanitary sewer service. Page 4

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