Applicant Property Owner Weathersby Properties, LLC Public Hearing March 13, 2019 (Deferred February 13, 2019) City Council Election District Bayside Agenda Item D2 Request Conditional Use Permits (Craft Brewery & Open-Air Market) Staff Recommendation Approval Staff Planner Bill Landfair Location 2032 Pleasure House Road GPIN 1479461677 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
Background and Summary of Proposal This application was previously deferred at the February 13, 2019 Planning Commission public hearing to provide additional time for the applicant to address onsite parking requirements. Since the deferral, the applicant has withdrawn the Conditional Use Permit for an Assembly Use for events such as weddings and fundraisers, and also revised the application for the Conditional Use Permit for Open-Air Market by limiting the request to one food truck with no outdoor vending. With these changes, the applicant is able to adjust the proposed layout to accommodate all the required parking onsite. The applicant is also requesting a Conditional Use Permit for a Craft Brewery. The brewery is proposed within the existing building on the property that was constructed in 1964 by the US Postal Service. Specifically, the applicant proposes to renovate the 6,768 square-foot building to include 3,968 square feet for the manufacturing and storage of the beer and three tasting rooms that will total 2,356 square feet. A 260 square-foot patio for outdoor seating is also proposed. For the proposed uses, Section 203 of the Zoning Ordinance requires a minimum of 33 parking spaces, and a total of 34 parking spaces are available onsite. Consistent with the Shore Drive Design Guidelines, the applicant is proposing upgrades to the building s façades 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. Supplemental plant material will be selected 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 and Saturday; and 12:00 p.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 of the front façade. A depiction of the proposed signage can be found on page eight of this report. 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 and Sunday. The applicant proposes to install an electrical outlet for use by the food truck in order to minimize any noise that would otherwise arise from generators commonly used by food trucks. Based on discussion at the February 13, 2019 Planning Commission informal meeting, a condition has been added to ensure that gas generators are not used for the operation of a food truck. No live music, amplification of music, use of speakers, or monitors are proposed outdoors in association with the brewery 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-dampening insulation inserted between wood panels, which will be attractively finished on both sides with a Scandinavian design. Page 2
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 applicant s request for Conditional Use Permits to operate a Craft Brewery and an Open-Air Market are, in Staff s opinion, compatible with the other commercial uses along this section of Pleasure House Road and will provide the area with an amenity that may serve as a catalyst for improvements and redevelopment of other properties in the vicinity. The Comprehensive Plan recommends commercial uses within the Shore Drive corridor that are of high value to residents. The submitted layout plan depicts aesthetic improvements to both the exterior of the building and to the site. The installation of a solid fence, described in the summary of the proposal above, along the eastern property line will provide sufficient screening and noise attenuation for the adjacent residential neighborhood. In addition, as conditioned below, noise associated with the food truck will be kept to a minimum due to the use of electricity rather than a gas generator for operation of the food truck. The applicant met with the Bayfront Advisory Commission and no concerns were raised. Finally, the recommended conditions ensure that the proposed improvements, including façade treatments and fencing, will be in keeping with the Shore Drive Corridor Design Guidelines. 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 six 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 colors shall be permitted. 3. The existing plant material shall remain and be maintained. Any supplemental plant material shall be consistent with the Shore Drive Design Guidelines. Page 3
4. The existing chain link fence shall be removed from the site and shall be replaced with a solid eight-foot tall noise-dampening fence along the rear property line and extended westward 12 feet along both 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 shall be a decorative vinyl fence that is 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. Only beer or other fermented malt beverages and non-alcoholic beverages may be served on the premises. There shall be no sale or consumption of alcoholic beverages on the premises between midnight and 10:00 a.m. 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 be allowed only inside the establishment when all the doors and windows are closed. No live music, amplification of music, use of speakers, or monitors will be permitted outdoors in association with the brewery use. 11. All lighting shall be contained on the subject property. The source of the light is to be shielded so as to not be visible from the property line of adjacent residential properties. 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 conformance with the submitted layout plan, shown on page six 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. No more than one food truck shall be permitted to operate on the site at a given time and shall be prohibited to operate on the site between the hours of 10:00 p.m. and 8:00 a.m. 3. Any food truck on site shall use an electrical outlet in lieu of a gas generator in order to minimize noise that would otherwise arise from generators commonly used by food trucks. Use of generators by food trucks is not permitted. 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. The Shore Drive Corridor is primarily a residential neighborhood area with commercial uses to support the residents. The area is considered a resort neighborhood and not a resort destination. Planning policies that apply to this Page 4
request include improving the land use compatibilities, avoiding over-commercialization, and preserving and protecting the character of established neighborhoods. 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 15,000 ADT 1 (LOS 4 D ) Existing Land Use 2 43 ADT Proposed Land Use 3-198 ADT 1 Average Daily Trips Public Utility Impacts 2 as defined by a 6,768 square-foot furniture store 3 as defined by a 2,356 square-foot restaurant plus ten employees 4 LOS = Level of Service Water & Sewer The site currently connects to both City water and sanitary sewer service. Page 5
Proposed Site Layout Page 6
Proposed Noise-Dampening Fence Along Eastern Property Line Page 7
Proposed Signage Page 8
Site Photos Page 9
Disclosure Statement Page 10
Disclosure Statement Page 11
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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 757-385-8074. 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 757-385-4621 or the Development Liaison Team at 757-385-8610. 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 approvals allowed by this application 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 17