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City of Norfolk, Virginia City of C: Dir., Department of City Planning NORFOLK To the Honorable Council April 11, 2017 City of Norfolk, Virginia From: George M. Homewood, FAICP, CFM, Planning Director Subject: Spec' exception to operate an eating and drinking establishment 1902 Colley Av nue —. Cold Press II, LLC Reviewed: Ward/Superward: 2/6 Deputy City Manager Approved: Item Number: 6Mh C-5 L. S ith, Interim City Manager I. Staff Recommendation: Approval. II. Commission Action: By a vote of 7 to 0, the Planning Commission recommends Approval. III. Request: Special exception to operate an eating and drinking establishment. IV. Applicant: Cold Press II, LLC V. Description: • The site is located on the east side of Colley Avenue just north of Blair Middle School, within the Ghent business district, and along a corridor mixed with commercial, residential, and institutional uses. • This request allows a new restaurant, Cold Press II, to open in a space previously occupied by Pimento Island Bistro and serve alcohol for on-premises consumption. Previous Proposed (Pimento Island Bistro) (Cold Press II) 10:00 p.m. 7:00 a.m. until 2:00 a.m., Hours of Operation 10:00 a.m. until Seven days a week Seven days a week Hours for the Sale of 10:00 a.m. until 10:00 p.m. 10:00 a.m. until 2:00 a.m., Alcohol Seven days a week Seven days a week 29 seats indoors 29 seats indoors Seating 12 seats outdoors 8 seats outdoors 48 total capacity 48 total capacity VI. Historic Resources Impacts The site is not located in any local, state, or federal historic district. VII. Public Schools Impacts According to the Existing ABC Establishments and Norfolk Public Schools Proximity Map (see attached), the proposed property is not within 1,000 feet of a Norfolk Public School. Staff contact: Colette McDonald (757) 664-6771, [email protected] Attachments: • Proponents and Opponents • Staff Report to CPC dated March 23, 2017 with attachments • Ordinance THE ITY OF NORFOC LK.. CITY PLANNING Planning Commission Public Hearing: March 23, 2017n 1 Executive Secretary: George M. Homewood, FAICP, CFML,ACI Planner: Colette McDonald Staff Report Item No. 10 Address 1902 Colley Avenue Applicant Cold Press II Requests Special Exception Eating and drinking establishment Property Owner The Runnymede Corporation Suite Area 778 sq. ft. Future Land Use Map Commercial Site C-2 (Corridor Commercial), PCO-Colley (Colley Avenue Zoning Characteristics Pedestrian Commercial Overlay) Neighborhood Ghent Character District Traditional C-2, PCO- Colley: Allstate Insurance, Colley Avenue North Chiropractic, The Sunflower Florist, East Coast Bicycles R-15 (High Density Multi-Family Housing): Multi-family East Surrounding Area condominiums C-2, PCO-Colley: Ghent Eye Care; IN-1 (Institutional): South Blair Middle School West C-2, PCO-Colley: 7-Eleven; Multi-Family Co-op — • 'N ' - . x • .. ',. ' - ... • . - - 4.. ..4. , ..,... ,s• Ilk . NI. e. b coizz. ). .. , e , . 4, • I • - ' - • 40 . 1 /.) _-.7-. • _ ... ' . eo • • _ 41-rek • ,,;•/' - • • . ----. • ..:. -- vq ,„ , c'Y 01 „. -.3 . A. Summary of Request • The site is located on the east side of Colley Avenue just north of Blair Middle School, within the Ghent business district, and along a corridor mixed with commercial, residential, and institutional uses. • This request allows a new restaurant, Cold Press II, to open in a space previously occupied by Pimento Island Bistro and serve alcohol for on-premises consumption. B. Plan Consistency The proposed special exception is consistent with plallorfolk2030, which designates this site as Commercial. C. Zoning Analysis i. General The site is located in C-2 (Corridor Commercial) and the Colley Avenue Pedestrian Commercial Overlay District (PCO-Colley) zoning districts, which permit the proposed use with a special exception. Previous Proposed (Pimento Island Bistro) (Cold Press II) 7:00 a.m. until 2:00 a.m., Hours of Operation 10:00 a.m. until 10:00 p.m. Seven days a week Seven days a week Hours for the Sale of 10:00 a.m. until 10:00 p.m. 10:00 a.m. until 2:00 a.m., Alcohol Seven days a week Seven days a week 29 seats indoors 29 seats indoors Seating 12 seats outdoors 8 seats outdoors 48 total capacity 48 total capacity ii. Parking This change in ownership of an existing eating and drinking establishment does not affect the parking requirement as the size of the building and number of seats remains the same. iii. Flood Zone The property is located in the X (Low to Moderate) Flood Zone which is a low-risk flood zone. D. Transportation Impacts • Institute of Transportation Engineers figures calculate forecast travel for restaurants based upon the total seating of an establishment. • Since no increase in indoor seating is being proposed for the site, no additional trips are projected. • Colley Avenue adjacent to the site is not identified as a severely congested corridor in either the AM or PM peak hours in the current update to regional Hampton Roads Congestion Management analysis. • This area of Colley Avenue is an identified priority corridor in the City of Norfolk Bicycle and Pedestrian Strategic Plan. E. Historic Resources Impacts The site is not located in any local, state, or federal historic district. F. Public Schools Impacts According to the Existing ABC Establishments and Norfolk Public Schools Proximity Map (see attached), the proposed property is not within 1,000 feet of a Norfolk Public School. G. Environmental Impacts • The site is located in a district surrounded by a mix of commercial, residential and institutional uses nearby. • In 2014, conditions were imposed to adequately screen potential impacts to the adjacent residential neighborhood to the east via the following: o A six-foot solid wood fence was installed along the rear property line, immediately adjacent to the residential properties located to the east. o A trashcan enclosure was installed adjacent to the rear edge of the building, with a six-foot solid wood fence with a locking gate to surround. • These improvements have been completed. H. AICUZ Impacts N/A I. Surrounding Area/Site Impacts No entertainment is proposed and the proposed conditions should ensure that the establishment has no negative impacts on the area. J. Payment of Taxes The owner of the property is current on all real estate taxes. K. Civic League Notice was sent to the Ghent Neighborhood League and Ghent Business Association on February 7. L. Communication Outreach/Notification • Legal notice was posted on the property on February 14. • Letters were mailed to all property owners within 300 feet of the property on March 8. • Legal notification was placed in The Virginian-Pilot on March 9 and March 16. M. Recommendation Staff recommends that the special exceptions be approved subject to the following conditions: (a) The hours of operation for the establishment shall be from 7:00 a.m. and 2:00 a.m. No use of the establishment outside of the hours of operation listed herein shall be permitted. (b) The hours of operation for the sale of alcoholic beverages shall be from 10:00 a.m. and 2:00 a.m. No use of the establishment outside of the hours of operation listed herein shall be permitted. (c) The seating for the establishment shall not exceed 29 seats indoors, 8 seats outdoors, and the total occupant capacity, including employees, shall not exceed 48 people. The use authorized by this Special Exception shall not commence until a certificate of occupancy reflecting these limits has been issued by the Department of Planning. (d) No smoking shall be permitted anywhere in the outdoor dining area. Signage notifying patrons of this restriction shall be conspicuously posted. (e) Unless dedicated off-lot parking is secured for the outdoor dining area sufficient to meet the requirements of section 15-5.1, Off-lot parking, of the Zoning Ordinance of the City of Norfolk, 1992, as amended, no portion of the outdoor dining area shall be enclosed, heated or cooled, and any covering must leave the dining space open on at least two sides. (f) The site shall conform with and maintain the following site conditions and no business license shall be issued until the following conditions have all been implemented fully on the site: i. A solid, opaque fence not less than six (6) feet in height shall be installed and maintained in the required landscape buffer area located along the eastern property line, extending from the northern property line and continuing southwardly to a point approximately 20 feet from the southern property line, abutting the residential properties located to the east. ii. A dumpster or trash enclosure shall be installed along the rear of the building, in a location that does not interfere with any existing parking spaces, impede the drive aisle, or located within any required buffer yard or setback, and shall include a six (6) foot tall wooden privacy fence, with a locking gate, to surround the enclosure. iii. Two bicycle parking spaces shall be provided on the site. (g) This special exception shall terminate in the event of a change in ownership of the establishment and may be revoked in the event of a change in the operation of the establishment as described in the Description of Operations set forth in "Exhibit A," attached hereto, provided that no termination in the event of a change in ownership of the establishment shall be effective until 120 days after the change or until a new special exception is granted showing the new owner, whichever is earlier. (h) The establishment shall maintain a current, active business license at all times while in operation. (i) The establishment shall remain current on all food and beverages taxes and other local taxes which may become due while it is in operation.
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