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

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Applicant Property Owner Oceana Crossings, LLC Public Hearing November 14, 2018 City Council Election District Beach Agenda Item 2 Request Conditional Use Permits (Craft Brewery & Open-Air Market) Staff Recommendation Approval Staff Planner Robert Davis Location 1375 Oceana Boulevard GPIN 2415489273 Site Size 4.10 acres AICUZ Greater than 75 db DNL Watershed Southern Rivers Existing Land Use and Zoning District Retail / B-2 Community Business Surrounding Land Uses and Zoning Districts North Mini-warehouse / B-2 Community Business South Duplexes, church, woods / AG-2 Agriculture East Oceana Boulevard, Eaglewood Drive Vacant site, woods / B-2 Community Business, A-12 Apartment West Flicker Way Duplexes, woods / R-5D Residential, AG-2 Agriculture Page 1

Background and Summary of Proposal The applicant is requesting a Conditional Use Permit for a Craft Brewery to be located in an end-unit within the existing shopping center along Oceana Boulevard and a Conditional Use Permit for an Open-Air Market to allow a food truck. According to the application, food will not be prepared on site for sale. Rather, the applicant intends to allow food to be brought on site using primarily the restaurants located within the shopping center. Additionally, the applicant desires to provide space for a food truck to operate in the parking lot in front of the unit typically on weekends. The submitted layout plan depicts the approximately 1,650 square-foot end-unit with a 1,250 square-foot tasting room. The remainder of the building will be used for manufacturing and storage. Beverages will be available for on-site consumption within the tasting room, which will only serve beer produced by the brewery. On the east side of the building will be a glass garage door that will lead to an outdoor patio for additional seating. The proposed typical hours of operation will be 12:00 p.m. to 9:00 p.m., Sunday through Thursday and 12:00 p.m. to 11:00 p.m., Friday through Saturday. The only changes proposed to the exterior of the existing building are the sign and the patio. In keeping with the approved proffers of the property, the proposed approximately four-foot tall by 11-foot long building mounted sign will have internally-illuminated channel letters on a raceway. No live music is proposed in association with the brewery. As the proposed uses will be located in a retail shopping center, the anticipated traffic generated by the unit has been accounted for in the original design for traffic flow and for the parking for the shopping center. While in the proximity of NAS Oceana s main gate, the property is not encumbered by a Navy restrictive easement. Page 2

5 4 3 6 CUP Conditional Use Permit REZ Rezoning CRZ Conditional Rezoning 1 2 Application Types MOD Modification of Conditions or Proffers NON Nonconforming Use STC Street Closure Zoning History # Request 1 MOD Approved 01/12/2010 MOD Approved 04/08/2008 CRZ (AG-2 to Conditional B-2) Approved 05/09/2006 CUP (Gasoline Sales in Conjunction with a Convenience Store.) Approved 05/09/2006 2 CRZ (AG-2 to Conditional B-2) Approved 05/09/2006 CUP (Gasoline Sales in Conjunction with a Convenience Store.) Approved 05/09/2006 3 CRZ (AG-2 to Conditional B-2) Approved 5/09/2006 4 CRZ (AG-2 to Conditional B-2) Approved 07/06/2004 CUP (Motor Vehicles Sales) Approved 07/06/2004 5 CRZ (AG-2 to Conditional B-2) Approved 07/06/2004 CUP (Motor Vehicles Sales) Approved 07/06/2004 6 CRZ (R-5D to Conditional B-2) Approved 08/26/2003 CUP (Mini-warehouse) Approved 08/26/2003 FVR Floodplain Variance ALT Alternative Compliance SVR Subdivision Variance Evaluation and Recommendation The proposed Conditional Use Permit requests for both the Craft Brewery and an Open-Air Market are, in Staff s opinion, compatible with the other commercial business uses located in the shopping center, and should not have any negative impact on the adjacent properties. The addition of an outdoor patio area on the side of the building will create a vibrant atmosphere for the site. 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 unit shall be configured in conformance with the submitted layout plan shown on page 5 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. The occupancy load for the Craft Brewery shall be established by the City of Virginia Beach Building Official s Office. 3. A Certificate of Occupancy shall be obtained prior to operation of the Craft Brewery. 4. Any conditions associated with the license issued by the Virginia Alcoholic Beverage Control Board shall be incorporated as conditions with this Conditional Use Permit. Page 3

5. 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 separate sign permit from the Planning Department shall be required for the installation of any signage. 6. Hampton Roads Sanitation District approval shall be obtained prior to any discharge of sewage. 7. As per Section 230 of the Zoning Ordinance, live music will only be allowed inside the establishment when all the doors and windows are closed. No live music will be permitted on the outdoor patio area. 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, which shall be located in substantial conformances with the submitted layout plan, shown on page 5 of this report. Said plan has been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department and Community Development. 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 recognizes this property as being within the Suburban Area. Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a frame work for neighbors and places that are increasingly vibrant and distinctive. The Plan s primary guiding principle for the Suburban Area is to create Great Neighborhoods, and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. Natural and Cultural Resources Impacts The site is located within the Southern Rivers watershed. There do not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Oceana Boulevard 29,111 ADT 1 14,800 ADT 1 (LOS 3 C ) 27,400 ADT 1 (LOS 3 E ) Eaglewood Drive 1 Average Daily Trips No Data Available 2 as defined by 1,650 square feet of commercial space zoned B-2 zoned property 6,200 ADT 1 (LOS 3 C ) 13,100 ADT 1 (LOS 3 E ) Existing Land Use 2 63 ADT Proposed Land Use No Change Anticipated 3 LOS = Level of Service Page 4

Public Utility Impacts Water & Sewer The site currently connects to both City water and sanitary sewer service. Page 5

Proposed Conceptual Layout Plan Page 6

Proposed Outdoor Patio Area Page 7

Proposed Sign Page 8

Site Photos Page 9

Disclosure Statement Page 10

Disclosure Statement Page 11

Disclosure Statement Page 12

Disclosure Statement Page 13

Disclosure Statement Page 14

Disclosure Statement Page 15

Disclosure Statement Page 16