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Ordinance 1585

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Ordinance 1585 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.
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