8 APPLICANT AND OWNER: MISSION ENTERPRISES, L.L.C STAFF PLANNER: Kristine Gay REQUEST: Conditional Use Permit ( Eating and Drinking Establishment within 100 of Protected District ) ADDRESS / DESCRIPTION: 501 Virginia Beach Boulevard GPIN: 24270636540000 ELECTION DISTRICT: BEACH SITE SIZE: 28,000 square feet AICUZ: 65-70 db DNL (Sub Area 1) BACKGROUND / DETAILS OF PROPOSAL Background The applicant requests a Conditional Use Permit for an Eating and Drinking Establishment to allow use of the site and the existing structure as a restaurant specializing in craft beer. Based on the design of the structure, it is considered a Commercial Building Type under the Oceanfront Resort District (ORD) Form- Based Code (FBC). The FBC allows Eating and Drinking Establishments to operate within the Mixed-Use, Commercial, Row House, and Detached House Building Types. Per Section 5.3.9 of the FBC, when an Eating and Drinking Establishment is located in a Mixed-Use or Commercial Building Type, alcoholic beverages are served, and the use is located within 100 feet of a Protected District, a Conditional Use Permit is required. The FBC identifies Apartment and Residential zoning districts that are adjacent to the ORD as Protected Districts. Since the restaurant will serve alcoholic beverages and be within 70 feet of properties zoned A-12 Apartment District, a Conditional Use Permit is required. The subject site consists of 4 adjacent 50 x 140 lots at the southwestern corner of the intersection of Virginia Beach Boulevard and Baltic Avenue. An existing one-story industrial-commercial style building occupies the majority of the two most eastern lots. According to City records, the building was built in the Page 1
1950 s. The building was sited such that it frames a paved outdoor space of approximately 3,500 square feet in area. To the west, the site contains a surface parking lot and a flat open grassy lawn behind a wooden privacy fence. The building site was most recently occupied by two retail uses - Things Unlimited and Motorcycle Divas. Details The applicant and property owner would like to open a 2,530 square foot restaurant specializing in craft beer. As shown on the submitted site plan, the restaurant will occupy the northwestern portion of the existing building. The applicant plans on leasing the remaining tenant spaces to creative urban type businesses, such as design professionals, specialty bakers, coffee roasters, and other small local craftsmen. It is the intent of the applicant to slightly renovate the building, keeping as much of the architectural character as possible. With the exception of recessing the entrances to avoid encroaching into the right-of-way, no changes will be made to the footprint of the building. The applicant will be replacing the tile work on the parapet with matte black roof tiles. Brick and wooden planters and benches will be installed along the frontage. Windows will be replaced with new impact-resistant glazing to meet current building codes. Wooden siding will be used in the recessed entrances and as a facade accent material. There will be 890 square feet of outdoor dining space in the paved courtyard area. The outdoor dining space will accommodate up to 46 guests and will be enclosed by the same style of planters used along the front of the building. The open green space will be used as a garden with a combination of flowers, vegetables, herbs, fruits, and berries. Other improvements proposed for the site include the planting of a 15-foot deep landscaped buffer adjacent to the residential area, raised planters along the Virginia Beach Boulevard right-of-way to screen the existing parking lot, as well as new striping of parking spaces within the existing parking lot. There will be no work to the site that results in land disturbance. It is proposed that the hours of operation of the Eating and Drinking Establishment be as follows: Sunday through Thursday 11:00 a.m. to 12:00 a.m. (midnight) Friday through Saturday 11:00 a.m. to 2:00 a.m. [Outdoor entertainment is proposed to end no later than 11:00 pm, nightly.] The applicant proposes to meet the parking requirement by use of the existing parking spaces on site, as well as by leasing parking spaces nearby, which is allowed by the ORD FBC. Additionally, a sculpturalstyle bicycle rack will be located on-site to accommodate bicycle parking needs. Page 2
EXISTING LAND USE: Vacant commercial building LAND USE AND COMPREHENSIVE PLAN SURROUNDING LAND USE AND ZONING: North: Virginia Beach Boulevard Car wash / OR Oceanfront Resort District South: Duplex and single-family dwelling units / A12 Apartment District East: Baltic Avenue Commercial / OR Oceanfront Resort District West: Motor vehicle repair / OR Oceanfront Resort District NATURAL RESOURCE AND CULTURAL FEATURES: There are no known significant cultural or natural resource features on this site. COMPREHENSIVE PLAN: The subject site is located in the Oceanfront Resort Strategic Growth Area (SGA). It is zoned Oceanfront Resort (OR) and land use is regulated by the Oceanfront Resort District From-Based Code (FBC). The Resort Area Strategic Action Plan (RASAP) is the guiding planning policy for land use and development in this area. The RASAP supports the creation of districts with distinctive identities and year-round uses. Section 2.1 of the FBC designates that this site is located on a Shopping 2 Street Frontage. The intent of the Shopping 2 Street Frontage is to allow for mixed-use development and walkability but does not necessarily require the shopfront building element. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): This site is located at the intersection of Virginia Beach Boulevard and Baltic Avenue. Virginia Beach Boulevard is a four-lane minor urban arterial roadway with an eighty-foot (80 ) right-of-way width. It is designated on the City s Master Transportation Plan (MTP) with an ultimate 100-foot right-of-way width. Baltic Avenue is a two-lane minor urban arterial with sixty-foot (60 ) right-of-way width. There are no current roadway Capital Improvement Plan (CIP) projects associated with these roadways in the vicinity of this site. TRAFFIC: Street Name Virginia Beach Boulevard Present Volume Present Capacity 10,000 ADT 1 14,800 ADT 1 (Level of Service C ) 27,400 ADT 1 (Level of Service E ) Baltic Avenue 2,700 ADT 1 7,300 ADT 1 (Level of Service C ) 13,100 ADT 1 (Level of Service E ) Generated Traffic Existing Land Use 2 402 ADT (25 PM Peak Hour) Proposed Land Use 3 341 ADT (30 PM Peak Hour) 1 Average Daily Trips 2 as defined by 9,070 SF of Specialty Retail Page 3
3 as defined by 5,133 SF of General Office, 1,267 SF Specialty Retail, and 2,350 SF of Quality Restaurant WATER: This site is currently connected to City water. The existing 5/8 meters (City ID #95072046) can be used or upgraded to accommodate the proposed development. There are two existing 8-inch City water lines and one existing 12-inch City water line on Virginia Beach Boulevard. There is an existing 6-inch City water line on Baltic Avenue. SEWER: The site currently connects to City sewer. Analysis of Pump Station #003 and the sewer collection system is required to ensure future flows can be accommodated. There is an existing 8-inch City gravity sanitary sewer main on Virginia Beach Boulevard. There is an existing 8-inch City gravity sanitary sewer main and an existing 8-inch abandoned City gravity sanitary sewer main on Baltic Avenue. EVALUATION AND RECOMMENDATION The applicant desires to open a restaurant specializing in craft beer in a portion of the existing building located at 501 Virginia Beach Boulevard. Per Chapter 8 of the Oceanfront Resort District (ORD) Form-Based Code (FBC), Residential and Apartment zoning districts adjacent to the ORD have been defined as Protected Districts. In an effort to assure there is an appropriate land use transition and relationship between the Resort Area and established Oceanfront neighborhoods, certain uses allowed in the ORD have specific standards that are applicable based on the distance between the proposed use and the Protected District. Section 5.3.9 of the FBC provides the Use Standards for an Eating and Drinking Establishment, and states that where any Eating and Drinking Establishment serves alcohol and is within 100 feet of a Protected District, a Conditional Use Permit is required. The interior space of the proposed Eating and Drinking Establishment is 98 feet north of a Protected District; the outdoor portion of the dining space is 68 feet north of the Protected District. Thus, a Conditional Use Permit is required to operate the proposed use as planned on this site. In an effort to ensure compatibility between the proposed use and the adjacent duplex and single-family dwelling units, the applicant is proposing a landscape buffer along the southern lot line that extends from the western lot line a distance of 90 feet. The applicant has also met with the Resort Beach Civic League, which voted to support the applicant s proposal. The civic league expressed two primary concerns: (1) noise (volume and time of day) and (2) employees parking in the neighborhood. While not requested by the civic league, the applicant proposed including as a condition of the Use Permit a requirement for any type of outdoor entertainment to end at 11:00 p.m. Also, at its August 5 th meeting, Resort Advisory Commission / Planning and Design Review Committee (PDRC) reviewed and unanimously approved the proposed site and architectural designs with no additional recommended conditions. Being that the restaurant is proposed to occupy 2,530 square feet of area, 25 parking spaces are required. The submitted site plan shows 16 usable parking spaces on site. The applicant is proposing to use the Remote Parking provision allowed by the ORD FBC, and will be required to provide a lease agreement for the remaining required parking spaces prior to receiving a Certificate of Occupancy. As Page 4
further consideration for the adjacent Protected District, conditions have been included that require all offsite leased parking spaces be located within one-quarter mile of the subject site. The condition also requires the use of a sign, visible to the public at all times, that will include the address of the off-site parking spaces as well as their location on a map. The intent of these conditions is to ensure that customer parking does not encroach into the nearby residential streets. The applicant is proposing no land disturbance with this request. It is the intent of the applicant to use the existing building and site as is, with the exception of minor surface and aesthetic enhancements. The applicant met with representatives from the Development Services Center and the Zoning Office at the subject site to explain the proposed changes. The changes include removing the existing parking wheelstops and associated angled parking stripes located in the Virginia Beach Boulevard right-of-way, restriping the on-site parking spaces, installing raised planters and benches, recessing the entrances to the two units fronting Virginia Beach Boulevard, patching and leveling the existing concrete surface of the courtyard, resurfacing and boarding windows on the rear façade, and installing a landscape buffer along the southern lot line. The proposed changes are not of the type or level that will require submission of a site development plan. The proposed use of an Eating and Drinking Establishment is consistent with the intent of the Shopping 2 Street Frontage and the development strategies of the Resort Area Strategic Action Plan. Based on this, as well the careful consideration the applicant has given to ensuring compatibility of the use with the adjacent neighborhood, staff recommends approval with the conditions below. CONDITIONS 1. With the exception of any modifications required by any of these conditions, the site shall be developed substantially in conformance with the conceptual site plan titled, DISTRICT 501, and dated July 1, 2014, as prepared by WPL. 2. With the exception of any modifications required by any of these conditions, the existing structure shall be improved substantially in conformance with the conceptual architectural elevations titled, ESOTERIC NORTH ELEVATION SCHEME 3, and EAST FAÇADE, dated 7/2/2014, as prepared by Folck West Architects. 3. The applicant shall obtain an Encroachment Agreement and Maintenance Agreement from the Department of Parks and Recreation / Landscape Management Division for the landscaping within the right-of-way as shown on the conceptual site plan referenced in Condition 1. The proposed landscape design shall be reviewed and approved by the Landscape Architect of the Development Services Center. 4. All landscaping, including the CAT. IV BUFFER (MODIFIED) as called out on the conceptual site plan referenced in Condition 1, shall be approved by the Landscape Architect of the Development Services Center. 5. The hours of operation of the Eating and Drinking Establishment shall be as follows: Sunday through Thursday, 11:00 a.m. to 12:00 a.m. Friday through Saturday, 11:00 a.m. to 2:00 a.m. Page 5
6. The operation shall comply with all applicable codes and regulations of both the Commonwealth of Virginia and the City of Virginia Beach pertaining to licensure and control of alcoholic beverages. 7. The applicant shall provide the Zoning Administrator with a written agreement (lease, easement or license), acceptable to the City Attorney, demonstrating the availability of the off-site parking spaces, which when combined with the on-site parking spaces will meet the required parking for this use as specified in the City Zoning Ordinance. 8. No chain-link fencing shall be visible from the public right-of-way of Virginia Beach Boulevard or Baltic Avenue. 9. There shall be no live or recorded outdoor entertainment between the hours of 11:00 p.m. and 12:00 p.m. (noon). 10. The applicant shall work with the Department of Public Works / Traffic Engineering to ensure that vehicles do not park in the area of the public right-of-way located between the façade of the existing building and the improved edge of the vehicular lanes of Virginia Beach Boulevard. NOTE: 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 6
AERIAL OF SITE LOCATION Page 7
PROPOSED SITE PLAN Page 8
CONCEPTUAL ELEVATIONS (CONDITION 2) Page 9
WOODEN BENCHES AND RAISED PLANTERS CONCEPT GARDEN CONCEPT Page 10
ARTISITIC BIKE RACK CONCEPT Page 11
3 1 2 ZONING HISTORY # DATE REQUEST ACTION 1 04/13/2010 Conditional Use Permit (Small Engine Repair) Approved 2 10/08/2002 Change to a Nonconforming Use Denied 3 01/28/1992 Change to a Nonconforming Use Approved Page 12
DISCLOSURE STATEMENT Page 13
DISCLOSURE STATEMENT Page 14