Requests Conditional Use Permit (Craft Winery & Assembly Use) Staff Recommendation Approval. Staff Planner Jimmy McNamara

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1 Applicant Property Owner Wong Foon Yuen & Wong Bik Yok Public Hearing July 12, 2017 City Council Election District Bayside Agenda Item 12 Requests Conditional Use Permit (Craft Winery & Assembly Use) Staff Recommendation Approval Staff Planner Jimmy McNamara Location 4401 Shore Drive GPIN Site Size 35,937 square feet AICUZ Less than 65 db DNL Existing Land Use and Zoning District Vacant restaurant building / B-2 Community Business (Shore Drive Overlay) Surrounding Land Uses and Zoning Districts North Shore Drive Antique store / B-2 Community Business (Shore Drive Overlay) South Single-family dwellings / R-10 Residential (Shore Drive Overlay) East Car wash / B-2 Community Business (Shore Drive Overlay) West Dental office, retail / B-2 Community Business (Shore Drive Overlay) Page 1

2 Background and Summary of Proposal The site is currently developed with a 6,600 square-foot building that was constructed in The building was previously used as a restaurant; however, the site has been vacant for the past five years due to a fire on the site. In February 2017, a Conditional Use Permit for a Craft Brewery was approved for this site but was never acted upon. The applicant proposes to renovate the property for a Craft Winery and full service restaurant. Approximately 4,000 square feet of the existing building will be dedicated to a tasting and dining room. A 1,500 square-foot covered outdoor patio is also proposed along the east side of the building. The remainder of the building will be used for the manufacturing of wine, a kitchen, and storage. Consistent with the Shore Drive Design Guidelines, the applicant is proposing upgrades to the building s façade that include repainting the building gray with dark red accents; and, the addition of awnings, building planters and benches. Typical hours of operation are proposed as 11:00 a.m. to 11:00 p.m., Monday through Thursday, 11:00 a.m. to 12:00 a.m. Friday and Saturday, and 7:00 p.m. to 11:00 p.m. on Sunday. It is anticipated that up to twelve employees will work on site. 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 in the outdoor patio area. Additionally, no outdoor seating is proposed in the rear of the site adjacent to the existing residential neighborhood. To assist in the abatement of any noise from the outdoor seating area located to the side of the building, the applicant is proposing an eight-foot brick wall to be located adjacent to the outdoor patio area. The existing mature vegetation located between the site and the neighborhood is proposed to remain. According to the requirements of Section 203 of the Zoning Ordinance, the proposed building plan and site layout necessitate 43 parking spaces on the site. It is the applicant s intent to restripe the existing parking lot to accommodate this requirement. In coordination with the proposed Craft Winery use, the applicant desires to host wedding receptions and other similar events on the site. All such private events will occur either within the building or on the covered patio. Thus, the applicant also requests a Conditional Use Permit for an Assembly Use. Page 2

3 1 3 2 Zoning History # Request 1 CUP (Craft Brewery) Approved 02/21/ CUP (Car Wash) Approved 11/12/ MOD Approved 10/10/1996 CRZ (B-2 & R-7.5 to Conditional O-1) Approved 10/25/1994 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 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 overcommercialization, preserving and protecting the character of established neighborhoods and achieving the lowest reasonable density for future residential uses. (pp & 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 17,300 Shore Drive 35,360 ADT 1 ADT 1 (LOS 4 C ) Existing Land Use ADT 1 31,700 ADT 1 (LOS 4 E ) Proposed Land Use 3-40 ADT 1 1 Average Daily Trips 2 as defined by 0.83 acres of B-2 zoned property 3 as defined by 3,000 square feet of a drinking establishment and 3,000 square feet of manufacturing space 4 LOS = Level of Service Page 3

4 Public Utility Impacts Water The site currently connects to City water service. Sewer The site is served by a private pump station discharging directly to the 20-inch HRSD force main along Shore Drive. HRSD approval is necessary to accept sewage proposed to discharge directly to HRSD facilities. Water and sanitary sewer service must be verified and improved if necessary, so that the proposed development will have adequate water pressure, fire protection, and sanitary sewer service. Evaluation and Recommendation This request for a Conditional Use Permit for a Craft Winery to occupy this large, vacant building is, in Staff s view, an acceptable request. The site is located in the Shore Drive Corridor and the proposed use is consistent with the historically commercial use of the site. The combination of the existing mature vegetation at the rear of the site, and the addition of a solid wall behind the proposed outdoor patio, in Staff s opinion, provides sufficient screening and protection for the existing adjacent neighborhood. The submitted site layout depicts improvements to the site through upgrades to perimeter landscaping, additional planters, and an upgrade to the front façade of the building that includes the addition of awnings and a repainting of the building. Also, the addition of an outdoor patio area on the side of the building will create an interesting atmosphere. The applicant has met with the Bayfront Advisory Commission and no concerns were raised. Based on the considerations above, Staff recommends approval of this request subject to the conditions below. Recommended Conditions 1. With the exception of any modifications required by any of these conditions, the site shall be developed and maintained in conformance with the submitted site layout plan. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 2. With the exception of any modifications required by any of these conditions, the site shall be developed and maintained in conformance with the submitted site renderings. Said renderings have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development. 3. A Landscape Plan shall be submitted that reflects the plant material listed in the Shore Drive Design Guidelines and placement depicted on the submitted landscape exhibit. Said plan shall be submitted for review and approval by the Development Services Center Landscape Architect. 4. Consistent with the Shore Drive Design Guidelines, the building façade shall be a neutral or earth tone color. No primary color shall be permitted. 5. The occupancy load for the Craft Winery shall be established by the City of Virginia Beach Building Official s Office. 6. A Certificate of Occupancy shall be obtained prior to operation of the Craft Winery. Page 4

5 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. 9. 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. 10. 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. 11. All minimum parking requirements and aisle widths as specified in Section 203 of the Zoning Ordinance shall be met at all times for any operating uses located on the subject site. 12. HRSD approval shall be obtained prior to any discharge of sewage. 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 5

6 Proposed Site Layout Outdoor Patio Screen Wall Planters Perimeter Landscaping Storage Shed Dumpster Page 6

7 Proposed Elevations Page 7

8 Proposed Elevations Page 8

9 Proposed Floor Plan 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