Applicant Property Owner ACT Partners Public Hearing February 8, 2017 City Council Election District Lynnhaven Agenda Item 1 Requests Conditional Use Permits (Craft Brewery & Open-Air Market) Staff Recommendations Approval of Craft Brewery Denial of Open-Air Market Staff Planner Jonathan Sanders Location 2272 West Great Neck Road GPIN 1590302212 Site Size 56,875 square feet AICUZ Less than 65 db DNL Existing Land Use and Zoning District Mixed retail / B-2 Community Business Surrounding Land Uses and Zoning Districts North Shore Drive Restaurant / B-4 Mixed-Use South Cape Henry Drive Power substation, single-family dwellings / B-2 Community Business, Conditional A-18 Apartment East Fire and rescue station / Conditional B-4 Mixed- Use West West Great Neck Road Restaurant, gas station, mixed retail / B-2 Community Business Page 1
Background and Summary of Proposal The applicant requests a Conditional Use Permit to operate a Craft Brewery within a 2,020 square-foot unit in a strip shopping center located along Shore Drive. Approximately two-thirds of the space will be dedicated to a seated bar area, table seating, standing room, a patio area and restrooms. The remainder of the square footage is proposed for the manufacturing and storage of beer. A small outdoor seating is proposed adjacent to the sidewalk and will be enclosed with a black-finished metal railing. Initially, proposed typical hours of operation for the public will be 5:00 p.m. to 10:00 p.m. on Friday, and 12:00 p.m. to 10:00 p.m. on Saturday. Eventually, the applicant intends to expand the days of operation that they will be open to the public. It is anticipated that up to two employees will be at the brewery during operating hours. The applicant does not intend to serve or prepare food on the site; therefore, a Conditional Use Permit for Open-Air Market is requested to allow one food truck to operate within the parking lot, directly in front of the brewery. 1 2 3 Zoning History # Request 1 CUP (Boat Sales & Service) Approved 07/06/1999 2 CUP (Home for the Aged) Approved 06/27/1995 3 REZ (B-2 to Conditional PD-H2(A-18)) Approved 01/04/1993 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 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 North 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. Page 2
Planning policies that apply to this request include improving the land use compatibilities, avoiding overcommercialization, preserving and protecting the character of established neighborhoods and achieving the lowest reasonable density for future residential uses. (pp. 1-70 & 1-71) Natural and Cultural Resources Impacts The site is located within the Chesapeake Bay 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 Shore Drive 33,878 ADT 1 17,300 ADT 1 (LOS 4 C ) 27,300 ADT 1 (LOS 4 E ) Existing Land Use 2 85 ADT Proposed Land Use 3-31 ADT West Great Neck Road 8,086 ADT 1 6,200 ADT 1 (LOS 4 C ) 11,100 ADT 1 (LOS 4 E ) 1 Average Daily Trips 2 as defined by 2000 square feet of retail in a shopping center 3 as defined by 2000 square feet of drinking establishment 4 LOS = Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) There is a roadway CIP project proposed for this area. The Shore Drive Corridor Improvements Phase III (CIP 2-117) project will improve vehicular and pedestrian traffic flow and safety in the roadway and intersections and will include a multi-use trail, a five-foot sidewalk, on-street bike lanes and enhanced lighting. The limits of the project begin at Vista Circle, near the eastern end of the Lesner Bridge, and extend eastward through the Great Neck Road intersection and terminates at Croix Drive. The project is currently under design with construction estimated to begin in the fall of 2018. Public Utility Impacts Water and Sewer The site is currently connected to both City water and sanitary sewer service. Evaluation and Recommendation This request to occupy a 2,000 square-foot unit of a strip center with a Craft Brewery is recommended for approval. The site is located Shore Drive Corridor and the proposed use consistent with the Comprehensive Plan s land use goals for this area given the site s historical use as a commercial site. The applicant has met with the Bayfront Advisory Commission, and their representatives have indicated that they are not opposed to this application as proposed. Existing parking at the site is sufficient for both the current uses in the shopping center along with the anticipated traffic associated with the proposed brewery. The approximately 17,300 square foot shopping center requires a minimum of 70 parking spaces. It appears that there are 74 parking spaces on the site. The request for an Open-Air Market to permit a food truck in the shopping center parking lot poses some concern for Staff, as this is a shared parking lot for multiple uses. Staff has concerns that the addition of a food truck within the parking lot could pose a safety hazard for customers of the businesses within the shopping center and the brewery, particularly at night, as the food trucks creates a situation where people congregate. The congregation of customers could also interfere with customer parking for other businesses in the shopping center. Page 3
Based on the considerations above, Staff recommends approval of the Craft Brewery request, subject to the conditions below, and denial of the Open-Air Market request. 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. Any conditions associated with the license issued by the Virginia Alcoholic Beverage Control Board shall be incorporated as conditions with this Conditional Use Permit. 4. There shall be no sale or consumption of alcoholic beverages on the premises between midnight and 10:00 a.m. 5. Live music may be performed only inside the establishment and all doors and windows shall remain closed during such performances, except during the actual ingress and egress of patrons and employees. 6. The outdoor seating area shall not be enclosed by either a solid or chain-link fence, and shall maintain sidewalk clearance as required by building code. 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 separate sign permit from the Planning Department shall be required for the installation of any signage. 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 4
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