To the Honorable Council June 9, 2020 City of Norfolk, Virginia
From: George M. Homewood Subject: Conditional Use Permit - #1 Space Director of Planning Reviewed: Ward/Superward: 4/7
Wynter C. Benda, Chief Deputy City Manager
Approved: Item Number: C-13
Dr. Larry H. Filer II, City Manager
A. Planning Commission Recommendation: By a vote of 7 to 0, the Planning Commission recommends Approval subject to the conditions contained in the Ordinance.
B. Request: Conditional Use Permit for Live Entertainment
C. Applicant: #1 Space
D. Description: • The site is located in Suite 1163-A within the Military Circle Mall. • The business is currently operating as an arts education center and theater to which the applicant proposes to add live entertainment as an accessory use. • The applicant is currently operating the space as an Artist studio/school/gallery and Theater which are permitted uses in the C-R district. • In addition to the standard dramatic, dance, and musical performances of a theater, the applicant would like to provide live entertainment in the space, which is allowed as an accessory use in the C-R (Regional – Commercial) district by Conditional Use Permit (CUP). • The applicant does not propose, and the mall management will not allow, any alcohol to be provided at this location.
E. Historic Resources Impacts: N/A.
F. Public Schools Impacts: N/A.
Staff contact: Hank Morrison at (757) 664-4740, [email protected]
City Planning Commission Public Hearing: May 28, 2020
Executive Secretary: George M. Homewood, FAICP, CFM
Staff Planner: Hank Morrison
Staff Report Item No. 13 Address 880 N. Military Highway, Suite 1163-A Applicant #1 Space Conditional Use Request Live Entertainment Permit Zoning C-R (Regional Commercial) Neighborhood Military Circle North C-R: Military Circle Mall East C-R: Military Circle Mall Surrounding Area South C-R: Military Circle Mall West C-R: Military Circle Mall Staff Approval with conditions Recommendation
A. Executive Summary • On March 12, 2020, by Executive Order #51, the Governor declared a state of emergency related to the pandemic outbreak of COVID-19. As a result, the April Planning Commission public hearing was cancelled, modifications were made to the public hearing process and this item will be considered at the May 28, 2020 Planning Commission public hearing. • The site is located in Suite 1163-A within the Military Circle Mall. • The business is currently operating as an arts education center and theater to which the applicant proposes to add live entertainment as an accessory use. • Given that live entertainment is consistent with a community arts space, staff recommends approval of this Conditional Use Permit.
B. Plan Consistency • The proposed use is consistent with plaNorfolk2030 Future Land Use Map, which designates this site as Commercial. • Vision 2100 places this site in the Green Area of the city, which focuses on designing new urban centers in Norfolk. The plan calls for long-term, sustainable development that supports mixed-use, mixed-income communities. Uses that require limited construction or investment are considered to be compatible in the interim as this area continues to transform.
C. Zoning Analysis i. General • The applicant is currently operating the space as an Artist studio/school/gallery and Theater which are permitted uses in the C-R district. o The space is located near the movie theater and food court within the mall, and sufficient facilities are provided in the space as well as in the mall. • In addition to the standard dramatic, dance, and musical performances of a theater, the applicant would like to provide live entertainment in the space, which is allowed as an accessory use in the C-R (Regional – Commercial) district by Conditional Use Permit (CUP). • The applicant does not propose, and the mall management will not allow, any alcohol to be provided at this location.
ii. Performance Standards • Theater – one or more adjoining structures housing one or more theaters or live performance spaces for motion pictures or dramatic, dance, or musical productions • Artist Studio/School/Gallery – an establishment with space used for the production of, instruction in, or display of the visual arts. • Live Entertainment – an accessory use allowing live performances, including but not limited to, music performances involving amplified music or more than one instrument, a disc jockey, any form of dancing, karaoke, and comedians.
iii. Development Standards a) Parking: Artist studios/schools/galleries located within the Suburban Character District have a parking requirement of 1 space per 600 square feet. The space is 4,529 square feet, which requires 8 parking spaces. The Military Circle Mall has ample parking to accommodate this use.
iv. Flood Zone The property is in the X flood zone, which is a low-to-moderate-risk flood zone.
D. Mobility Analysis The site is located near transit along E Virginia Beach Boulevard, N Military Highway, Poplar Hall Drive, Ring Road, and Glenrock Road.
E. Historic Resources Impacts The site is not located within a local, state, or federal historic district.
F. Public Schools Impacts The proposed property is not within 1,000 feet of a Norfolk Public School.
G. AICUZ Impacts N/A
H. Payment of Taxes The owner of the property is current on all taxes.
I. Civic League Staff received a letter of support from the Glenrock Civic League on March 10.
J. Communication Outreach/Notification • Letters were mailed to all property owners within 300 feet of the property on April 2. • Legal notification was placed in The Virginian-Pilot on April 9 and April 16.
K. Recommendation Given that the proposal is consistent with adopted plans and is compatible with an arts center use, staff recommends that the Conditional Use Permit request be approved subject to the following conditions:
a) The operation of the accessory use of Live Entertainment must be conducted in accordance with the applicable performance standards that are set forth in section 4.3 of the Norfolk Zoning Ordinance.
b) The hours of operation for the establishment and for live entertainment shall be limited to 10:00 a.m. until 11:00 p.m., Monday through Saturday, and 12:00 p.m. until 11:00 p.m. on Sunday.
c) The seating for the establishment shall not be less than 142 seats indoors, there shall be no seats outdoors, and the total occupancy, including employees, shall not exceed 168 people.
d) The business authorized by this ordinance shall be conducted in accordance with the Description of Operations set forth in “Exhibit A,” attached hereto. The representations made in “Exhibit A” shall be binding upon all owners, operators, and managers who operate and/or manage the premises covered by this ordinance. Should any owner, operator or manager desire to operate the business in a manner different than as represented in “Exhibit A,” a new Conditional Use Permit must be obtained. Where any limitation or representation contained in “Exhibit A” is inconsistent with any condition of this ordinance, the conditions of this ordinance shall govern.
e) This Conditional Use Permit 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 or management 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 Conditional Use Permit is granted showing the new owner, whichever is earlier. Notwithstanding the above, no violation of this condition shall be deemed to have occurred if the only change in management is a result of one or more of the members of the management team identified in the Description of Operations ceasing to work at the establishment.
f) No entertainment shall be permitted anywhere outside the building.
g) No smoking or vaping shall be permitted anywhere on the site. Signage notifying patrons of this restriction shall be conspicuously posted.
h) No alcohol shall be sold, served, or consumed on the premises.
i) Entertainment in addition to dramatic, dance, or musical productions, shall be limited to open mic, video productions, live band, and podcast. No other form of entertainment is permitted.
j) There shall be no dancing and no dance floor provided.
k) The layout of the establishment shall adhere to the specifications of the floor plans attached hereto and marked as "Exhibit B." Any tables, chairs, booths, stools or other movable furniture may be relocated provided that it conforms with all building code requirements.
l) The establishment shall maintain a current, active business license at all times while in operation.
m) Neither the establishment nor any portion of it shall be leased, let, or used to stage any private party and no outside promoter shall be permitted to use, operate, rent, or host any event on the premises.
n) The establishment manager shall notify the Commissioner of the Revenue no less than 72 hours prior to the commencement of any event at which a cover charge is to be collected.
o) A copy of this Conditional Use Permit ordinance and Exhibits shall be available on the premises at all times for inspection, and a notice indicating that this Conditional Use Permit ordinance and all amendments are kept on the premises and are available for review by any member of the general public shall be posted in a visible location. The notice shall also contain information on where and how to report violations of conditions and shall include the address of the zoning administrator.
p) A binder or folder containing documentation relating to the operation of the establishment shall be kept on the premises at all times and shall be produced upon request made by any person. For purposes of this section, the documentation relating to the operation of the establishment shall include copies of the following:
i. This Conditional Use Permit; ii. Any occupancy permit(s); iii. Certifications of all persons who work on the premises as a security guard; iv. All fire code certifications, including alarm and sprinkler inspection records; v. Any health department permit(s); vi. The emergency action plan required under the Fire Prevention Code; vii. The names, addresses, and phone numbers of all persons who manage or supervise the establishment at any time; and viii. The establishment's Security Plan. q) The business shall provide in-house security or retain the services or a licensed security firm to provide security services at a rate of one security guard per 50 guests occupants on the property whenever occupancy shall exceed 99 people or when otherwise required by at least 36 hours prior written notice of the Fire Marshal, Chief of Police, or any designee of either. After 8:00 p.m. each Friday and Saturday as well as during special events, a security supervisor certified in accordance with the requirements of the Virginia Department of Criminal Justice Services shall be present on the property.
r) The written security plan submitted to the City as part of the application for this Conditional Use Permit and on file with the Department of Planning shall remain in full force and effect at all times while the establishment is in operation.
Supporting Material: • Conditional Use Permit Review Standards (PDF) • Overview Map (PDF) • Location Map (PDF) • Zoning Map (PDF)
• Application (PDF) • PropertyOwners_300ft (PDF) • Email to Glenrock Civic League (PDF) • Email from Glenrock Civic League (PDF) • Ordinance Exhibit A (PDF) • Ordinance Exhibit B (PDF)
2.4.8.C. CONDITIONAL USE PERMIT REVIEW STANDARDS
A Conditional Use Permit may be approved if the applicant demonstrates that the proposed conditional use:
1) Is consistent with the purposes, goals and policies of the comprehensive plan and other applicable city-adopted plans;
2) Complies with all applicable zoning district-specific standards in Article 3. Zoning Districts;
3) Complies with all applicable use-specific standards in Article 4. Performance Standards;
4) Complies with all applicable development and design standards in Article 5. Development Standards;
5) Complies with all relevant subdivision and infrastructure standards in Chapter 42.5 of City Code;
6) Is appropriate for its location and is compatible with the general character of surrounding lands and the types, scale, and intensity of uses allowed in the zoning district where proposed;
7) Adequately screens, buffers, or otherwise minimizes adverse visual impacts on adjacent lands;
8) Avoids significant adverse odor, noise, glare, and vibration impacts on surrounding lands regarding refuse collection, service delivery, parking and loading, signs, lighting, night-time activity, and other site elements;
9) Avoids significant deterioration of water and air resources, scenic resources, and other natural resources;
10) Maintains safe and convenient ingress and egress and traffic flow onto and through the site by vehicles and pedestrians, and safe road conditions around the site;
11) Is served adequately by essential public facilities and services such as streets, public utilities, drainage structures, police and fire protection, refuse disposal, parks, libraries, and schools;
12) Maintains adequate parking, loading and other necessary facilities to serve the proposed use;
13) Will not substantially diminish or impair the value of the land within the neighborhood in which it is located.
14) Will not cause a negative cumulative effect, when its effect is considered in conjunction with the cumulative effect of various Conditional Use Permits of all types on the immediate neighborhood and the effect of the proposed type of Conditional Use Permit on the city as a whole;
15) Complies with all other relevant city, state and federal laws and standards; and
16) Is required by the public necessity, convenience, general welfare, or good zoning practice.
Form and Correctness Approved: BAP Contents Approved:
By: By: Office of the City Attorney DEPT. Planning NORFOLK, VIRGINIA
Ordinance No.
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT AUTHORIZING LIVE ENTERTAINMENT AT AN ESTABLISHMENT NAMED “#1 SPACE” ON PROPERTY LOCATED AT 880 NORTH MILITARY HIGHWAY, SUITE #1133.
- - -
BE IT ORDAINED by the Council of the City of Norfolk:
Section 1:- That a conditional use permit is hereby granted authorizing the accessory use of live entertainment at an establishment named “#1 Space.”
Section 2:- That the full extent of the property or properties where the permit or permits described above are hereby made effective, upon the date set forth below, is described as follows:
Property being an inline store at Military Circle Mall, said mall being located on property bounded on the south by Poplar Hall, on the west by North Military Highway, on the north by East Virginia Beach Boulevard, and on the east by Glenrock Road, property know as Military Circle Mall; premises numbered 880 North Military Highway, Suite #1133.
Section 3:- That the conditional use permits granted herein shall be subject to all of the general conditions set forth in section 2.4.8.D of the Norfolk Zoning Ordinance and all of the following additional conditions, requirements, and limitations:
(a) The operation of the accessory use of Live Entertainment must be conducted in accordance with the applicable performance standards that are set forth in Section 4.3 of the Norfolk Zoning Ordinance.
(b) The hours of operation for the establishment and for live entertainment shall be limited to 10:00 a.m. until 11:00 p.m., Monday through Saturday, and 12:00 p.m. until 11:00 p.m. on Sunday.
(c) The seating for the establishment shall not be less than 142 seats indoors, there shall be no seats outdoors, and the total occupancy, including employees, shall not exceed 168 people.
(d) The business authorized by this ordinance shall be conducted in accordance with the Description of Operations set forth in “Exhibit A,” attached hereto. The representations made in “Exhibit A” shall be binding upon all owners, operators, and managers who operate and/or manage the premises covered by this ordinance. Should any owner, operator or manager desire to operate the business in a manner different than as represented in “Exhibit A,” a new Conditional Use Permit must be obtained. Where any limitation or representation contained in “Exhibit A” is inconsistent with any condition of this ordinance, the conditions of this ordinance shall govern.
(e) This Conditional Use Permit 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 or management 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 Conditional Use Permit is granted showing the new owner, whichever is earlier. Notwithstanding the above, no violation of this condition shall be deemed to have occurred if the only change in management is a result of one or more of the members of the management team identified in the Description of Operations ceasing to work at the establishment.
(f) No entertainment shall be permitted anywhere outside the building.
(g) No smoking or vaping shall be permitted anywhere on the site. Signage notifying patrons of this restriction shall be conspicuously posted.
(h) No alcohol shall be sold, served, or consumed on the premises.
(i) Entertainment in addition to dramatic, dance, or musical productions, shall be limited to open mic, video productions, live band, and podcast. No other form of entertainment is permitted.
(j) There shall be no dancing and no dance floor provided.
(k) The layout of the establishment shall adhere to the specifications of the floor plans attached hereto and marked as “Exhibit B.” Any tables, chairs, booths, stools or other movable furniture may be relocated provided that it conforms with all building code requirements.
(l) The establishment shall maintain a current, active business license at all times while in operation.
(m) Neither the establishment nor any portion of it shall be leased, let, or used to stage any private party and no outside promoter shall be permitted to use, operate, rent, or host any event on the premises.
(n) The establishment manager shall notify the Commissioner of the Revenue no less than 72 hours prior to the commencement of any event at which a cover charge is to be collected.
(o) A copy of this Conditional Use Permit ordinance and Exhibits shall be available on the premises at all times for inspection, and a notice indicating that this Conditional Use Permit ordinance and all amendments are kept on the premises and are available for review by any member of the general public shall be posted in a visible location. The notice shall also contain information on where and how to report violations of conditions and shall include the address of the zoning administrator.
(p) A binder or folder containing documentation relating to the operation of the establishment shall be kept on the premises at all times and shall be produced upon request made by any person. For purposes of this section, the documentation relating to the operation of the establishment shall include copies of the following:
(1) This Conditional Use Permit;
(2) Any ABC license(s);
(3) Any occupancy permit(s);
(4) Certifications of all persons who work on the premises as a security guard;
(5) All fire code certifications, including alarm and sprinkler inspection records;
(6) Any health department permit(s);
(7) The emergency action plan required under the Fire Prevention Code;
(8) The names, addresses, and phone numbers of all persons who manage or supervise the establishment at any time; and
(9) The establishment’s Security Plan.
(q) The business shall provide in-house security or retain the services of a licensed security firm to provide security services at a rate of one security guard per 50 guest occupants on the property whenever occupancy shall exceed 99 people or when otherwise required by at least 36 hours prior written notice of the Fire Marshal, Chief of Police, or any designee of either. After 8:00 p.m. each Friday and Saturday as well as during special events, a security supervisor certified in accordance with the requirements of the Virginia Department of Criminal Justice Services shall be present on the property.
(r) The written security plan submitted to the City as part of the application for this permit and on file with the Department of Planning shall remain in full force and effect at all times while the establishment is in operation.
Section 4:- That the City Council hereby determines that the conditional use permit or permits granted herein comply with each of the standards set forth in section 2.4.8.C of the Norfolk Zoning Ordinance.
Section 5:- That this ordinance shall be in effect from the date of its adoption.
ATTACHMENTS: Exhibit A (4 pages) Exhibit B (1 page)
Tidewater Investments, Llc Larisa Properties, Llc Et Al Economic Development Authority Of The P O Box 10114 Po Box 12179 City Of Norfolk Virginia Beach VA 23450-0114 Newport News VA 23612 500 E Main St Ste 1500 Norfolk VA 23510-2205
Bridgestone Retail Operations, Llc Circle South, Llc Poplar Hall Shops, Llp 535 Marriott Dr 248 W Bute St Ste 200 Po Box 120410 Nashville TN 37214-5092 Norfolk VA 23510-1441 Newport News VA 23612-0410
Salvodon, Warren A 1140 Kempsville Road, Llc 1140 Kempsville Road, Llc 462 Frizzell Ave 1140 Kempsville Rd 1140 Kempsville Rd Norfolk VA 23502 Chesapeake VA 23320-8127 Chesapeake VA 23320-8127
1140 Kempsville Road, Llc Baylor Enterprises Llc Baylor Enterprises Llc 1140 Kempsville Rd 248 W Bute St Ste 200 248 W Bute St Ste 200 Chesapeake VA 23320-8127 Norfolk VA 23510-1441 Norfolk VA 23510-1441
Gmaccms 2004-C2 Military Circle Mall, Llc Gmaccms 2004-C2 Military Circle Mall, Llc Gmaccms 2004-C2 Military Circle Mall, Llc 475 5th Ave 475 5th Ave 475 5th Ave New York NY 10017-6220 New York NY 10017-6220 New York NY 10017-6220
Kavya Hotels, Llc Gmaccms 2004-C2 Military Circle Mall, Llc Gmaccms 2004-C2 Military Circle Mall, Llc 817 Virginia Beach Blvd Ste 120 475 5th Ave 475 5th Ave Virginia Beach VA 23451-4208 New York NY 10017-6220 New York NY 10017-6220
Gmaccms 2004-C2 Military Circle Mall, Llc Gmaccms 2004-C2 Military Circle Mall, Llc Byrd, Brian F & Jennifer M 475 5th Ave 475 5th Ave 454 Frizzell Ave New York NY 10017-6220 New York NY 10017-6220 Norfolk VA 23502-4538
Waynes, Charles W 5735 Poplar Hall, Llc Calvary Revival Church, Inc 460 Frizzell Ave 148 W Bute St Ste 200 5833 Poplar Hall Dr Norfolk VA 23502 Norfolk VA 23510 Norfolk VA 23502-3813
Calvary Revival Church, Inc Daley Company Lc Price Club East, Inc Po Box 12885 5880 Poplar Hall Dr 999 Lake Dr Norfolk VA 23451-0885 Norfolk VA 23502-3816 Issaquah WA 98027-8990
Military Crossing Associates Lc 5873 Poplar Hall, Llc Willard Properties Of Norfolk, Llc 550 Mamaroneck Ave Ste 411 5512 Virginia Beach Blvd 4533 Templar Dr Harrison NY 10528-1609 Virginia Beach VA 23462 Portsmouth VA 23703-3927 Willard Properties Of Norfolk, Llc Calvary Revival Church, Inc Stokes Military, Llc 4533 Templar Dr 5833 Poplar Hall Dr 14103 Denver West Pkwy Portsmouth VA 23703-3927 Norfolk VA 23502-3813 Golden CO 80401
Willard Properties Of Norfolk, Llc Gmaccms 2004-C2 Military Circle Mall, Llc Comm Of Va 4533 Templar Dr 475 5th Ave Po Box 27412 Portsmouth VA 23703-3927 New York NY 10017-6220 Richmond VA 23220 Williams, Sherri
From: Williams, Sherri Sent: Tuesday, March 10, 2020 2:17 PM To: Herbst, James; Riddick, Paul; Graves, Angelia; [email protected] Cc: Pollock, Susan ([email protected]) Subject: New Planning Commission Application-880 N. Military Highway Attachments: Application.pdf
Attached please find the following information tentatively scheduled to be heard at the April 23, 2020 Planning Commission public hearing:
#1 SPACE, for a Conditional Use Permit to operate with Live Entertainment at 880 N. Military Highway.
The purpose of this request is to allow the art gallery to have live entertainment.
Staff contact: Susan Pollock at (757) 664-4765, [email protected]
Thank You
Sherri Williams Planning Technician, Senior
Planning Department 810 Union Street | Suite 508 Norfolk, VA 23510 (757) 664-6771
Connect with us: www.norfolk.gov
1 Williams, Sherri
From: Glenrock Neighborhood Assoc.
Importance: High
*** This is an EXTERNAL email. Please exercise caution. ***
Mrs. Williams,
The #1 SPACE is not a concern for our community. The establishment provides a platform for the arts. It is in the best interest of the citizens to permit this non-profit organization to operate. I have met with the representatives and have observed their live performances (2019). Norfolk Recreational and Public Schools would benefit from developing strategic partnerships with them to serve our residents.
Please attach this email to the application as supporting evidence and contact me if there are any additional questions.
David A. Hicks MBA-ITM, M.Sc, MPM® GNA President PO Box 12713 Norfolk, Virginia 23541 É: M. 757.739.4939 -: [email protected] Words to live by: “In God, we trust, all others bring data.” – W.E. Deming
From: Williams, Sherri
Attached please find the following information tentatively scheduled to be heard at the April 23, 2020 Planning Commission public hearing:
#1 SPACE, for a Conditional Use Permit to operate with Live Entertainment at 880 N. Military Highway.
The purpose of this request is to allow the art gallery to have live entertainment.
1 Staff contact: Susan Pollock at (757) 664-4765, [email protected]
Thank You
Sherri Williams Planning Technician, Senior
Planning Department 810 Union Street | Suite 508 Norfolk, VA 23510 (757) 664-6771
Connect with us: www.norfolk.gov
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