20191205-pln-cur-03-beach spirits, llc - vbgov.com
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Microsoft Word - 20191205-PLN-CUR-03-Beach Spirits,
LLCPage 1
Applicant Beach Spirits, LLC Owner Phi Mu, LLC Public Hearing December 5, 2019 City Council Election District Beach
Request Conditional Use Permit (Craft Distillery) Staff Recommendation Approval
Staff Planner Hoa N. Dao
Location 981 Laskin Road
AICUZ 7075 dB DNL; APZ2
Watershed Chesapeake Bay
Existing Land Use and Zoning District Vacant commercial building / B2 Community Business
Surrounding Land Uses and Zoning Districts North Laskin Road Mixed Retail / B2 Community Business
South Apartments / A12 Apartment
East Cinema movie theater / B2 Community Business
West Retail / B2 Community Business
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The applicant is requesting to operate a Craft Distillery within the existing 4,420 square foot building that was previously occupied by the Americana Roadside Grill restaurant, adjacent to the Beach Cinema Alehouse. A Craft Distillery is required to obtain a Conditional Use Permit prior to operation.
The 31,000 square foot property is located at 981 Laskin Road, within the Resort Area Strategic Growth Area. The property is also located within the 7075 dB DNL noise zone and APZ2 of the Air Installations Compatible Use Zones (AICUZ).
The vehicular access to the site is via a feeder road parallel to Laskin Road.
A portion of the building, not to exceed 442 square feet or 10% of the building, will be utilized as a tasting room and retail space.
There will be no food trucks, food preparation or food service onsite.
The distillery with up to five employees will operate Monday through Friday from 10:00 a.m. to 6:00 p.m. and the tasting and retail space will operate Wednesday through Sunday from 12:00 p.m. to 10:00 p.m.
Section 203.9.1 of the Zoning Ordinance requires a minimum of nine parking spaces, and a total of 68 parking spaces are available onsite.
Zoning History # Request 1 CUP (Private Marina) Approved 7/7/2015
2 MOD (Modification of Proffers) Approved 01/22/2002 CRZ (R7.5 to A36) Approved 01/22/2002 STC (Portion of Barberton Drive) Approved 06/12/2001 CRZ (B2 & R7.5 to A36) Approved 06/12/2001
3 CUP (MiniWarehouse) Approved 05/22/2012
4 CUP (Communication Tower) Approved 05/08/1996 CUP (Commercial Marina) Approved 05/08/1996
5 CRZ (R5 to A3) Approved 10/19/1979
Application Types CUP – Conditional Use Permit REZ – Rezoning CRZ – Conditional Rezoning LUP – Land Use Plan
MOD – Modification of Conditions or Proffers NON – Nonconforming Use STC – Street Closure
FVR – Floodplain Variance ALT – Alternative Compliance SVR – Subdivision Variance
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While eating and drinking establishments are permitted by right within the B2 Community Business District, the proposed Craft Distillery requires a Conditional Use Permit, subject to the provisions of Article 18 Special Regulations in Air Installations Compatible Use Zones (AICUZ) in the Zoning Ordinance. The proposed Craft Distillery is considered to be a compatible use in the 7075 dB DNL and APZ2 of the AICUZ, as a manufacturer of food and kindred products. While eating and drinking establishments are not permitted within the APZ2 zone, the proposed 442 square foot tasting room and retail space are permitted as an incidental use. The Zoning Administrator has provided an opinion to this effect and further determined that the total area of the incidental use cannot be greater than 10 percent of the total floor area of the primary use. The proposed 442 square foot tasting room and retail space meets this requirement. The site is bordered by commercial properties to the east and west and apartments to the south. The apartment complex is well screened by a mature 15 feet wide vegetative buffer, and the closest building is approximately 130 feet from the proposed distillery building. No activities other than parking are proposed along the southern property line. The application included a rendering of the proposed modifications to the building with a “beach theme” that depicts the addition of shutters and change in color scheme. Also depicted is the installation of plant material between the building and Laskin Road. Zoning has reviewed the proposed building rendering and commented that the proposed sign appears to be too large, per Zoning Ordinance Standards. Based on this, Staff recommends a condition that all new signs be in compliance with the Zoning Ordinance. Furthermore, a condition is recommended that a Landscape Plan be submitted depicting all planting requirements. Approval from the Development Services Center of the Landscape Plan must be obtained prior to the issuance of a Certificate of Occupancy. At present, Laskin Road is well below its vehicular traffic volume capacity. The proposed Craft Distillery generates significantly less vehicular traffic volume compared to a typical B2 use. In addition, major streetscape improvements accommodating pedestrians and bicycles will occur once the Laskin Road Capital Improvement Project is complete. As the site is commercially zoned, Staff finds the proposed Craft Distillery to be a good use of the vacant commercial building, compatible with the surrounding area, and consistent with the recommendations of the Laskin Gateway District of the Resort Area Strategic Action Plan. Staff recommends approval of this proposal subject to the conditions listed below.
1. The total floor area of the tasting and retail space shall not exceed 442 square feet, or 10 percent of the total
building floor area, whichever is greater.
2. There shall be no food trucks, food preparation or food service onsite.
3. The applicant/owner shall submit a Landscape Plan to the Department of Planning and Community Development for review and shall obtain approval prior to the issuance of the Certificate of Occupancy.
4. The maximum number of individuals within the facility shall not exceed the maximum number as required by applicable building codes, noted on the Certificate of Occupancy and posted by the Fire Marshal.
5. A Certificate of Occupancy shall be obtained prior to the operation of the Craft Distillery.
6. A valid license issued by the Virginia Alcoholic Beverage Control Board shall be held by the establishment at all times, and the conditions of such license shall be incorporated as conditions with this Conditional Use Permit.
Evaluation and Recommendation
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7. Only spirits and nonalcoholic 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.
8. 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 distillery use.
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. 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.
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.
The subject site is located within the Laskin Gateway District of the Resort Area Strategic Action Plan, an area slated for highend retail with a transportation strategy designed to get people out of their cars and on foot. The proposed use will attract muchneeded life to this formerly vacant building. Though the Craft Distillery is not a typical retail use, the proposed use will improve and renovate an existing building in the Laskin Gateway. Major streetscape improvements accommodating pedestrians and bicycles will occur once this phase of the Laskin Road improvement capital project is complete.
Street Name Present Volume Present Capacity Generated Traffic
Laskin Road 25,000 ADT1 34,800 ADT 1 (LOS 4 “D”) Existing Land Use 2 – 500 ADT Proposed Land Use 3 – 200 ADT
Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Laskin Road in the vicinity of this application is considered a fourlane major urban arterial. In addition to the existing fourlane section of road, there are two, twolane local access roads (i.e., feeder roads) parallel to the mainline portion
Comprehensive Plan Recommendations
Traffic Impacts
Page 5
Water & Sewer This site is currently connected to both City water and sanitary sewer service.
Planning Commission
As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on October 14, 2019.
As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sundays, November 17, 2019, and November 24, 2019.
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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 7573858074.
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 7573854621 or the
Development Liaison Team at 7573858610.
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.
Applicant Beach Spirits, LLC Owner Phi Mu, LLC Public Hearing December 5, 2019 City Council Election District Beach
Request Conditional Use Permit (Craft Distillery) Staff Recommendation Approval
Staff Planner Hoa N. Dao
Location 981 Laskin Road
AICUZ 7075 dB DNL; APZ2
Watershed Chesapeake Bay
Existing Land Use and Zoning District Vacant commercial building / B2 Community Business
Surrounding Land Uses and Zoning Districts North Laskin Road Mixed Retail / B2 Community Business
South Apartments / A12 Apartment
East Cinema movie theater / B2 Community Business
West Retail / B2 Community Business
Page 2
The applicant is requesting to operate a Craft Distillery within the existing 4,420 square foot building that was previously occupied by the Americana Roadside Grill restaurant, adjacent to the Beach Cinema Alehouse. A Craft Distillery is required to obtain a Conditional Use Permit prior to operation.
The 31,000 square foot property is located at 981 Laskin Road, within the Resort Area Strategic Growth Area. The property is also located within the 7075 dB DNL noise zone and APZ2 of the Air Installations Compatible Use Zones (AICUZ).
The vehicular access to the site is via a feeder road parallel to Laskin Road.
A portion of the building, not to exceed 442 square feet or 10% of the building, will be utilized as a tasting room and retail space.
There will be no food trucks, food preparation or food service onsite.
The distillery with up to five employees will operate Monday through Friday from 10:00 a.m. to 6:00 p.m. and the tasting and retail space will operate Wednesday through Sunday from 12:00 p.m. to 10:00 p.m.
Section 203.9.1 of the Zoning Ordinance requires a minimum of nine parking spaces, and a total of 68 parking spaces are available onsite.
Zoning History # Request 1 CUP (Private Marina) Approved 7/7/2015
2 MOD (Modification of Proffers) Approved 01/22/2002 CRZ (R7.5 to A36) Approved 01/22/2002 STC (Portion of Barberton Drive) Approved 06/12/2001 CRZ (B2 & R7.5 to A36) Approved 06/12/2001
3 CUP (MiniWarehouse) Approved 05/22/2012
4 CUP (Communication Tower) Approved 05/08/1996 CUP (Commercial Marina) Approved 05/08/1996
5 CRZ (R5 to A3) Approved 10/19/1979
Application Types CUP – Conditional Use Permit REZ – Rezoning CRZ – Conditional Rezoning LUP – Land Use Plan
MOD – Modification of Conditions or Proffers NON – Nonconforming Use STC – Street Closure
FVR – Floodplain Variance ALT – Alternative Compliance SVR – Subdivision Variance
2
4
3
5
1
Page 3
While eating and drinking establishments are permitted by right within the B2 Community Business District, the proposed Craft Distillery requires a Conditional Use Permit, subject to the provisions of Article 18 Special Regulations in Air Installations Compatible Use Zones (AICUZ) in the Zoning Ordinance. The proposed Craft Distillery is considered to be a compatible use in the 7075 dB DNL and APZ2 of the AICUZ, as a manufacturer of food and kindred products. While eating and drinking establishments are not permitted within the APZ2 zone, the proposed 442 square foot tasting room and retail space are permitted as an incidental use. The Zoning Administrator has provided an opinion to this effect and further determined that the total area of the incidental use cannot be greater than 10 percent of the total floor area of the primary use. The proposed 442 square foot tasting room and retail space meets this requirement. The site is bordered by commercial properties to the east and west and apartments to the south. The apartment complex is well screened by a mature 15 feet wide vegetative buffer, and the closest building is approximately 130 feet from the proposed distillery building. No activities other than parking are proposed along the southern property line. The application included a rendering of the proposed modifications to the building with a “beach theme” that depicts the addition of shutters and change in color scheme. Also depicted is the installation of plant material between the building and Laskin Road. Zoning has reviewed the proposed building rendering and commented that the proposed sign appears to be too large, per Zoning Ordinance Standards. Based on this, Staff recommends a condition that all new signs be in compliance with the Zoning Ordinance. Furthermore, a condition is recommended that a Landscape Plan be submitted depicting all planting requirements. Approval from the Development Services Center of the Landscape Plan must be obtained prior to the issuance of a Certificate of Occupancy. At present, Laskin Road is well below its vehicular traffic volume capacity. The proposed Craft Distillery generates significantly less vehicular traffic volume compared to a typical B2 use. In addition, major streetscape improvements accommodating pedestrians and bicycles will occur once the Laskin Road Capital Improvement Project is complete. As the site is commercially zoned, Staff finds the proposed Craft Distillery to be a good use of the vacant commercial building, compatible with the surrounding area, and consistent with the recommendations of the Laskin Gateway District of the Resort Area Strategic Action Plan. Staff recommends approval of this proposal subject to the conditions listed below.
1. The total floor area of the tasting and retail space shall not exceed 442 square feet, or 10 percent of the total
building floor area, whichever is greater.
2. There shall be no food trucks, food preparation or food service onsite.
3. The applicant/owner shall submit a Landscape Plan to the Department of Planning and Community Development for review and shall obtain approval prior to the issuance of the Certificate of Occupancy.
4. The maximum number of individuals within the facility shall not exceed the maximum number as required by applicable building codes, noted on the Certificate of Occupancy and posted by the Fire Marshal.
5. A Certificate of Occupancy shall be obtained prior to the operation of the Craft Distillery.
6. A valid license issued by the Virginia Alcoholic Beverage Control Board shall be held by the establishment at all times, and the conditions of such license shall be incorporated as conditions with this Conditional Use Permit.
Evaluation and Recommendation
Page 4
7. Only spirits and nonalcoholic 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.
8. 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 distillery use.
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. 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.
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.
The subject site is located within the Laskin Gateway District of the Resort Area Strategic Action Plan, an area slated for highend retail with a transportation strategy designed to get people out of their cars and on foot. The proposed use will attract muchneeded life to this formerly vacant building. Though the Craft Distillery is not a typical retail use, the proposed use will improve and renovate an existing building in the Laskin Gateway. Major streetscape improvements accommodating pedestrians and bicycles will occur once this phase of the Laskin Road improvement capital project is complete.
Street Name Present Volume Present Capacity Generated Traffic
Laskin Road 25,000 ADT1 34,800 ADT 1 (LOS 4 “D”) Existing Land Use 2 – 500 ADT Proposed Land Use 3 – 200 ADT
Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Laskin Road in the vicinity of this application is considered a fourlane major urban arterial. In addition to the existing fourlane section of road, there are two, twolane local access roads (i.e., feeder roads) parallel to the mainline portion
Comprehensive Plan Recommendations
Traffic Impacts
Page 5
Water & Sewer This site is currently connected to both City water and sanitary sewer service.
Planning Commission
As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on October 14, 2019.
As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sundays, November 17, 2019, and November 24, 2019.
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Page 9
Page 10
Page 11
Page 12
Page 13
Page 14
Page 15
Page 16
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Page 19
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 7573858074.
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 7573854621 or the
Development Liaison Team at 7573858610.
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.