pln-rez-2016-013 big ugly brewing company

Docket Item "E" PLN-REZ-2016-013

Big Ugly Brewing Company

CITY COUNCIL PACKAGE FOR

SEPTEMBER 20, 2016

` – 2 Application Summary 3 – 6 Proffer Statement

7 – 13 Planning Commission Draft Minutes 14 – 25 Staff Report(s): August 2, 2016 26 Fiscal Impact Analysis 27 Architectural Elevation 28 Site Plan 29 Aerial 30 GIS Parcel Exhibit

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APPLICATION SUMMARY

PLN-REZ-2016-013 Big Ugly Brewing Company

LOCATION: Battlefield Boulevard South

PROPOSAL: A conditional zoning reclassification of 2.93± acres from O&I, Office and Institutional District to B-2, General Business District.

SUBMITTED: 5-7-16 ACKNOWLEDGED BY COUNCIL: 7-26-16

STAFF RECOMMENDATION

Approval with proffers

PLANNING COMMISSION

HEARING DATE(S): 8-10-16

RECOMMENDATION: APPROVAL with proffers

VOTE: 6 - 2

ATTACHMENTS

Proffer Statement, Draft Minutes, Staff Report(s), Fiscal Impact Analysis, Site Plan, Aerial, GIS Parcel Exhibit

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APPLICATION SUMMARY


APPLICANT: Big Ugly Brewing Company Attn: Shawn Childers 1296 Battlefield Blvd., Suite104 Chesapeake, VA 23322 No phone No email

OWNER: TKW Group, LLC

301 Woodards Ford Road Chesapeake, VA 23322-4348 No phone No email

7 Chesapeake Planning Commission DRAFT August 10, 2016 Public Hearing Minutes

PLN-REZ-2016-013 PROJECT: Big Ugly Brewing Company APPLICANT: Shawn Childers AGENCY: Williams Mullen PROPOSAL: A conditional zoning reclassification of 2.93± acres from O&I, Office and Institutional District to B-2, General Business District. PROPOSED COMP LAND USE / DENSITY: Business/Commercial EXISTING COMP LAND USE / DENSITY: Office LOCATION: Battlefield Boulevard South, 260 feet north of Whitehurst Road TAX MAP SECTION/PARCEL: 0602001000011, 0602001000012 BOROUGH: Pleasant Grove

PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that PLN-REZ-2016-013 be APPROVED with the following proffers: (6-2, Van Laethem/Johnson, McCormick/Perry opposed, Hutchinson excused).

1. The applicant/owner agrees that the property subject to this rezoning will be used exclusively for a micro-brewery and shall be appropriately licensed by the Virginia Department of Alcoholic Beverage Control.

2. The applicant/owner agrees that the principal building containing the micro-brewery will be a maximum of 9,000 square feet.

3. The applicant/owner agrees that the principal building containing the micro-brewery shall be located as depicted on the conceptual site plan date received July 29, 2016.

4. The applicant/owner agrees that the principal building shall be consistent with the building elevation date received, August 1, 2016. The applicant/owner further agrees that the building materials will only consist of brick and metal siding and a metal roof as depicted in the building elevation date received, August 1, 2016. All requirements of this proffer are subject to the review and approval of the Director of Planning, or designee.

5. The applicant/owner agrees that the micro-brewery will only be open to the public until 10 p.m. Furthermore, the applicant/owner agrees that amplified music located outside of the principal building shall terminate at 8 p.m., except that the applicant/owner shall not be prohibited from the outdoor display of movies until 10 p.m.

8 Chesapeake Planning Commission

DRAFT August 10, 2016 Public Hearing Minutes

6. The applicant/owner shall submit a landscape plan that preserves as much

of the existing trees to the greatest extent possible to the east and south of the subject property, except for the location of drainage facilities as determined by the Department of Development and Permits, to act as a buffer to residential uses as determined by the Landscape Coordinator. The landscape plan shall also include the planting of evergreen plant materials suitable for screening, where necessary to ensure an adequate buffer to the residential properties to the east and south. All plant materials and locations of planting shall be reviewed for compliance with this proffer and City Code at time of final site construction plan review by the Landscape Coordinator. The landscape plan shall be subject to the review and approval of the Landscape Coordinator before approval of the final site plan and all required plantings shall be installed before the issuance of a certificate of occupancy.

7. The applicant owner agrees to record a cross reciprocal access easement

for the benefit of tax parcel #0602001000021 and 0600000000174. The easement shall be subject to the review and approval of the Director of Development and Permits, or designee during final site plan review. The easement shall be recorded before the approval of the final site plan on a form acceptable to the City Attorney.

8. A conceptual site plan prepared by Pennoni, date received July 29, 2016, a copy of which is on file with the Chesapeake Planning Department, has been submitted to the Chesapeake Planning Department, Planning Commission and City Council for illustrative purposes only and to provide support for this rezoning action. No rights shall vest nor any cause of action shall arise from the submission, review or acceptance of this conceptual site plan. In order to obtain preliminary or final site or subdivision approval, changes in the conceptual site plan will be necessary to accommodate environmental, engineering, architectural, topographic, or other development conditions, and to meet the requirements of applicable laws, ordinances and regulations. All preliminary and final site and subdivision plans are subject to the approval of the Director of Planning, or designee and/or the Director of Development and Permits or designee. A copy of the final approved site plan shall be placed in the file with the Planning Department and the Department of Development and Permits and shall supersede any previously filed conceptual site plan.


Mrs. Shaffer read PLN-REZ-2016-013 into the record for commission review and action.

Staff Presentation:

Mr. Hobbs stated that based on the findings in the staff report, Planning staff recommended that PLN-REZ-2016-013 be APPROVED with proffers as listed in the official agenda.

Proponent: Grady Palmer, Williams Mullen, 999 Waterside Drive, Norfolk, Virginia, appeared before the commission on behalf of PLN-REZ-2016-013, representing the applicant.

Mr. Palmer explained the application and stated that it is proffered as a microbrewery only, and no other use would be permitted without modification from Planning Commission and City Council approval. Furthermore, the building will be 6,000 square feet originally and 9,000 square feet proposed, with a future expansion. The additional space is estimated to be utilized for production. The building will be situated close to Battlefield Boulevard. There is a proffer in place in order to preserve the existing trees, supplemented with evergreen trees. There is a proffer to restrict the use of amplified music after 8 pm. Greg Smith, 1936 Lancing Crest Lane, Chesapeake, Virginia, appeared before the commission on behalf of PLN-REZ-2016-013, representing himself.

Mr. Smith supports the application and is a current patron of Big Ugly. He explained the different groups and events that take place at the current facility such as running clubs and craft groups.

Jim Lantry, Co-Owner, Big Ugly Brewing Company, 1204 Nathaniel Court, Chesapeake, Virginia, appeared before the commission on behalf of PLN-REZ-2016-013, representing Big Ugly Brewing Company.

Mr. Lantry explained the history of the business and the current operations of the existing 2100 square foot facility. He stated that there is no room for expansion at the current location, and would like to increase distribution, events, and capacity.

Dustin Hughes, Owner, Lockside Bar and Grill, 3108 Rebecca Drive, Chesapeake, Virginia, appeared before the commission on behalf of PLN-REZ-2016-013, representing himself.

Mr. Hughes stated he is a business owner on Battlefield Boulevard, and appreciates the number of new businesses, including Big Ugly Brewery. He stated that Chesapeake needs destinations to keep patrons in the area.

Greg Branigan, 627 Helen Drive, Chesapeake, Virginia, appeared before the commission on behalf of PLN-REZ-2016-013, representing himself.

10 Chesapeake Planning Commission

DRAFT August 10, 2016 Public Hearing Minutes

Mr. Branigan is in support of the application and stated that Big Ugly Brewery is a family owned business, and explained the family atmosphere.

Sean Henry, 629 Rutherford Drive, Chesapeake, Virginia, appeared before the commission on behalf of PLN-REZ-2016-013, representing himself.

Mr. Henry stated that Big Ugly supports the community and draws customers from near and far. He explained that it is an important relocation, both to small business owners and the City of Chesapeake.

David Ropp, President-Town Bank Chesapeake, 115 Harbor Watch Drive, Chesapeake, Virginia, appeared before the commission on behalf of PLN-REZ-2016-013, representing himself.

Mr. Ropp stated he is a 40 year resident of the City of Chesapeake. He explained the owner’s locality, and the events and community events that take place at Big Ugly Brewery. He explained that the owners work at full-time employment outside of the brewery, and there are financial challenges of the required $60,000 by-pass lane required by the City.

Opposition:

Joyce Pryor, Neighbor, 804 Coinbrook Lane, Chesapeake, Virginia, appeared before the commission in opposition of PLN-REZ-2016-013, representing herself.

Ms. Pryor stated that she is concerned with the financial implications because of the decrease of home values, and would not have chosen that area had she known that Big Ugly Brewery was going to be here. She explained past experiences with breweries including noise and smell. She is concerned with children living close, and the bus stop and parking.

James Bradner, Neighbor, 104 Sinclair Lane, Chesapeake, Virginia, appeared before the commission in opposition of PLN-REZ-2016-013, representing himself.

Mr. Bradner stated that the area is not right for the brewery, and is concerned with traffic, parking, capacity, loud events, and deliveries. He stated he likes the brewery but not the proposed location.

Walter Weeks, Neighbor, 804 Samantha Lane, Chesapeake, Virginia, appeared before the commission in opposition of PLN-REZ-2016-013, representing himself.

Mr. Weeks stated his home is backed up to the proposed location, and he is concerned with the number of patrons, parking, and noise.

Kathy O’Brian-Bowles, Neighbor, 800 Samantha Lane, Chesapeake, Virginia, appeared before the commission in opposition of PLN-REZ-2016-013, representing herself.


Ms. O’Brian-Bowles stated she is concerned with traffic, as it is already difficult, and does not think the brewery fits in the area.

John Hill, Neighbor, 112 Sinclair Lane, Chesapeake, Virginia, appeared before the commission in opposition of PLN-REZ-2016-013, representing himself.

Mr. Hill stated that he is concerned about the proposed events at the brewery. Additionally, he stated that he is apprehensive about the true type of business the brewery will be due to the way it was presented.

COMMISSION DISCUSSION:

Commissioner Johnson called Mr. Palmer to respond.

Mr. Palmer stated that there was a traffic study completed, and it stated that other uses that would be permitted would create more traffic than Big Ugly Brewery will, such as a high-turnover restaurant or office. Further he stated that the Comprehensive Plan has accounted for this type of use on Battlefield Boulevard. There has been consideration to adjacent neighbors, including early closing and retention of the trees as a buffer. He stated that the turn lane analysis will be addressed by Mr. Tate, and asked for the Commission’s support.

Commissioner Johnson asked Mr. Palmer what type of outdoor activities are expected.

Mr. Palmer stated the specifics of the events is better answered by the applicant.

Commissioner Perry asked Mr. Lantry about the smell from the brewing process.

Mr. Landry stated that the smell is faint, and there is ventilation to the roof. He stated it cannot be smelt on the roof or anywhere on the current property.

Commissioner Kish called up Ms. Pryor to allow her to finish her earlier statements.

Ms. Pryor stated that the proposed parking does not seem adequate, and is concerned it will spill over to her neighborhood. She stated that the closing time is appropriate, but is concerned about the noise from production. She explained she chose the neighborhood because it was quiet and close to medical facilities.

Commissioner Kish asked her proximity to the brewery as it relates to the previous time she stated she lived close to a brewery and the smell was extreme.

Ms. Pryor stated that she previously she lived a few miles from Olympia Brewery, in Washington, and she could smell it.

Commissioner Kish asked Ms. Pryor what the expectations for her neighborhood were.

Ms. Pryor explained that the proposed neighborhood was supposed to have homes that would be comparable in value to hers. She stated that instead, there were lower priced homes that were built.


Commissioner Morris asked Ms. Pryor if the Olympia Brewery she referred to was a large scale commercial brewery.

Ms. Pryor stated it was a large brewery.

Commissioner Morris explained that Big Ugly Brewery is a microbrewery, and therefore would be on a much smaller scale than a large commercial brewery.

Ms. Pryor stated that the issues would still be there with the smell and noise, and her health problems are concerning and could be effected by it.

Commissioner Morris asked Mr. Tate what the current zoning is as it relates to traffic, the additional turn lane that is depicted on the site plan, and the parking analysis.

Mr. Tate stated that there is a Level of Service policy that evaluates traffic impact with any rezoning, and if found that traffic will increase there would have to be an adequate road facility. In this situation the current zoning would have the potential to cause more traffic than the proposed rezoning. Access to the site needs long-term planning for this and other businesses in the area, and there are other areas of improvement that may be required in order to stay consistent with other site improvements. There are minimum parking standards applied, and although none are specific to a microbrewery, a conservative estimate of related uses is utilized.

Commissioner Ellis asked Mr. Tate if the proposed site was included in a previous project to bring a left turn lane down Battlefield Boulevard.

Mr. Tate stated that the project applied to drainage and shoulder improvements. He stated there has been road widening from other businesses that resulted in improvements.

Commissioner Van Laethem asked Mr. Palmer about the buffering between the microbrewery, and the adjacent homes for both visual and noise purposes.

Mr. Palmer stated that the landscape plan surpasses the standard under O & I Zoning.

Commissioner Van Laethem asked if the buffer will help to attenuate noise levels.

Mr. Palmer stated that the preservation of the trees is related directly to trying to limit the noise level.

Commissioner Kish asked Mr. Lantry if there is any way to mitigate the amount of odor that may come from the brewery.

Mr. Lantry stated that the brewing process is done once a day, and the evacuation of the steam would only take about an hour. He stated that it dissipates very quickly and is almost unnoticeable. Waste will be in the form of grain which will be picked up by a local farmer, and nothing is dumped into a dumpster.

Commissioner Kish asked if the smell could be smelt in the parking lot.


Mr. Lantry stated it could not be smelt in the parking lot. He also stated that the Olympia Brewery that was mentioned previously is a brewery that is much larger in scale than Big Ugly Brewing.

Commissioner McCormick asked Mr. Lantry what activities were planned for the brewery.

Mr. Lantry stated that there are no actual plans for activities, but there may be family movies and other small activities. He stated that most of the activities currently happen indoors.

Commissioner McCormick asked if the large doors will be raised up during business hours.

Mr. Lantry stated that during good weather they may be raised.

Commissioner McCormick asked how the food trucks will effect parking.

Mr. Lantry stated that the food trucks would only take up one spot.

Commissioner McCormick stated he is concerned there will not be adequate space when patrons are outside for activities such as movies, and asked if extra space may need to be provided.

Mr. Lantry stated that that are no activities planned right now and there is no indication that movies will be shown at all.

Commissioner McCormick stated that from a land use perspective the location of the brewery is not compatible with surrounding residences. He stated that outdoor activities at a brewery have the ability to impact adjacent properties.

Commissioner Ellis stated that one of his clients owns a microbrewery in Virginia Beach, and there are outdoor activities that are normally localized and do not generate a lot of noise. He stated that the buffering should mitigate the sound and smell, and that a restaurant could have the same characteristics and be located there under current zoning.

Commissioner Van Laethem stated that he understands the neighbors being worried, and that is why he brought up buffering. He stated that the size of the brewery is much smaller than the large scale breweries and he is satisfied both with the buffering, compatibility, and scale, and is in support of the project.

Commissioner Morris stated he sympathizes with the neighbors but according to the Comprehensive Plan it is an appropriate development. He stated that it fits the intention of the long-term plan, and believes it allows for an easier transition.

COMMISSION VOTE:

Commissioner Van Laethem moved that PLN-REZ-2016-013 be APPROVED with proffers as listed in the official agenda and as recommended by staff. Commissioner Johnson seconded the motion. Commissioner Perry and McCormick were opposed. The motion was carried by a vote of 6 – 2, Commissioner Hutchinson was excused.

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APPLICANT: Shawn Childers AGENCY: Williams Mullen PROPOSAL: A conditional zoning reclassification of 2.93± acres from O&I, Office and Institutional District to B-2, General Business District. PROPOSED COMP LAND USE / DENSITY: Business/Commercial EXISTING COMP LAND USE / DENSITY: Office LOCATION: Battlefield Boulevard South, 260 feet north of Whitehurst Road TAX MAP SECTION/PARCEL: 0602001000011, 0602001000012 BOROUGH: Pleasant Grove

pln-rez-2016-013 big ugly brewing company

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