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Reviewed: Ward/Superward: 4/7 Ief Deputy To the Honorable Council December 11, 2018 City of Norfolk, Virginia From: George M. Homewood, FAICP, CFM, Planning Director ,._/VS. Subject: Aldi, c., for a Conditional Use Permit for the Sale of Alcoholic Beverages, Off- Pr ises at 1050 N. Milit ry Highway. Reviewed: Ward/Superward: 4/7 ief Deputy City Manager Approved: Item Number: C-1 , City Manager I. Staff Recommendation: Approval. II. Planning Commission Recommendation: By a vote of 6 to 0, the Planning Commission recommends Approval. Request: Conditional Use Permit to allow for the sale of alcoholic beverages for off-premises consumption. III. Applicant: Aldi, Inc. IV. Description: • The site is located along N. Military Highway, just north of the intersection with E. Virginia Beach Boulevard and adjacent to the JANAF shopping center. • The building on the site was most recently occupied by Uptown Buffet. • Granting this request will allow Aldi, a proposed grocery store, to offer alcoholic beverages for off-premises consumption. • The Zoning Ordinance allows Grocery Stores that are larger than 15,000 sq. ft. to sell alcoholic beverages for off-premises consumption in packages containing a minimum of six bottles or cans by-right. • A Conditional Use Permit must be obtained if a Grocery Store proposes to offer packages with less than six bottles or cans. o Aldi proposes to sell beer in four-packs, six-packs, twelve-packs, and 24- packs. 810 UNION STREET, SUITE 1 1 0 1 • NORFOLK VIRGINIA 23510 . 757-664-4242 www.norfokgov Proposed Hours of Operation and for the 8:00 a.m. until 9:00 p.m., Sale of Alcoholic Beverages for Seven days a week Off-Premises Consumption • No less than 4-packs of beer • Specialty-sized single servings of beer Off-Premises Alcohol Types (12 oz. — 32 oz.) • No less than 375 ml. wine Staff contact: Chris Whitney at (757) 823-1253, [email protected] Attachments: • Proponents and Opponents • Staff Report to CPC dated November 15, 2018 with attachments • Ordinance THE CITYITYOF NORFO L ., CITY PLANNING City Planning Commission Public Hearing: November 15 2018 cxecutive Secretary: Leonard M. Newcomb, Ill, CFM Staff Planner: Chris Whitney, CZA, CFM CtLi, Staff Report Item No. 9 Address 1050 N. Military Highway Applicant Aldi, Inc. Request Conditional Use Permit Sale of Alcoholic Beverages, Off-Premises Property Owner The American Heart Association, Inc. Site/Building Area 3.9 acres/21,659 sq. ft. (proposed) Future Land Use Map Commercial C-R (Regional Commercial), JANAF-LASO Site Characteristics Zoning (JANAF Shopping Center Localized Alternative Sign Overlay) Neighborhood N/A Character District Suburban North C-R: Verizon retail store East C-R: JANAF Shopping Center Surrounding Area South C-R: Logan's Roadhouse restaurant C-C: Lowe's Home Improvement store, West Chipotle, Sprint retail store, Aspen Dental ‘ ...- ., . r . .. ...- „ :. r '4C' r" . ,: ;.::14 ,- • ..,.. .,..• • /A4',4' , • - ., .,• f•4 ,,.-" _, ••.. '. ..•!. ...... • • . r. 6- •• --'s, '' At. .. tot . •,. .., 1%.- is -At .. %.7•1 .. .... e ...._ _.. .,...4.406 , , — _ - ---- —.-,S f'" -1160,_. - i , , 18 Pictometry A. Summary of Request • The site is located along N. Military Highway, just north of the intersection with E. Virginia Beach Boulevard and adjacent to the JANAF shopping center. • The building on the site was most recently occupied by Uptown Buffet. • Granting this request will allow Aldi, a proposed grocery store, to offer alcoholic beverages for off-premises consumption. o The request includes the ability to offer beer in packages containing a minimum of four bottles or cans. B. Plan Consistency The proposed use is consistent with plallorfolk2030, which designates this site as Commercial. C. Zoning Analysis i. General • The site is zoned C-R, which permits this use with a Conditional Use Permit. • The Zoning Ordinance allows Grocery Stores that are larger than 15,000 sq. ft. to sell alcoholic beverages for off-premises consumption in packages containing a minimum of six bottles or cans by-right. • A Conditional Use Permit must be obtained if an establishment proposes to offer packages with less than six bottles or cans. o Aldi proposes to sell beer in four-packs, six-packs, twelve-packs, and 24-packs. Proposed Hours of Operation and for the 8:00 a.m. until 9:00 p.m., Sale of Alcoholic Beverages for Seven days a week Off-Premises Consumption • No less than 4-packs of beer • Specialty-sized single servings of beer Off-Premises Alcohol Types (12 oz. — 32 oz.) • No less than 375 ml. wine • History City Council Approval Applicant Changes Special Exception — Eating and 2002 Old Town Super Buffet Drinking Establishment Conditional Use Permit — Sale of Pending Aldi, Inc. Alcoholic Beverages, Off- Premises (new Grocery Store) ii. Parking The City's Site Plan Review process will ensure that the location and amount of parking meets Zoning Ordinance requirements. iii. Flood Zone The property is located in the X (Low to Moderate) Flood Zone, which is a low-to- moderate-risk flood zone. D. Transportation Impacts • Institute of Transportation Engineers (ITE) figures estimate that the proposed new grocery store will generate 1,829 vehicle trips per day. • N. Military Highway and E. Virginia Beach Boulevard adjacent to the site are identified as severely congested corridors in the current update to regional Hampton Roads Congestion Management analysis. • The site is near transit service with Hampton Roads Transit bus routes 15, 20 and 23 operating along N. Military Highway and E. Virginia Beach Boulevard near the site. • N. Military Highway and E. Virginia Beach Boulevard adjacent to the site are not identified priority corridors 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 new Grocery Store will undergo the Site Plan Review process, which will ensure compliance with all standards set forth in the Zoning Ordinance, including landscaping, perimeter buffering, and stormwater management. H. AICUZ Impacts N/A I. Surrounding Area/Site Impacts The site is surrounded by a mix of commercial uses. J. Payment of Taxes The owner of the property is current on all taxes. K. Civic League • The application was sent to the Lake Taylor Civic League on October 2. • An email of support was received from the Lake Taylor Civic League on September 20. L. Communication Outreach/Notification • Legal notice was posted on the property on October 9. • Letters were mailed to all property owners within 300 feet of the property on November 1. • Legal notification was placed in The Virginian-Pilot on November 1 and November 8. M. Recommendation Staff recommends that the Conditional Use Permit request be approved subject to the conditions shown below: (a) The hours of operation for the sale of alcoholic beverages for off-premises consumption shall be limited to 8:00 a.m. until 9:00 p.m., seven days a week. (b) 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 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. (c) No alcoholic beverages other than those defined as "beer," "wine," "wine cooler," or "low alcohol beverage cooler," as defined by state law, shall be sold. (d) No alcoholic beverage having more than 21% alcohol by volume shall be sold. (e) No beer shall be sold in any package containing fewer than four (4) bottles or cans, with the exception of those bottled beers which are exclusively produced in bottles greater than 12 ounces but less than 32 ounces in size. No wine shall be sold in containers less than 375 ml each. (f) The facility shall maintain a current, active business license at all times while in operation. (g) The business authorized by this conditional use permit 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 conditional use permit. 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 prior to any such change. Where any limitation or representation contained in "Exhibit A" is inconsistent with any condition of this ordinance, the conditions of this ordinance shall govern. (h) The violation of any requirement, limitation, or restriction imposed by the Virginia ABC Commission shall be deemed a violation of this conditional use permit. This conditional use permit may be revoked for any violation of a general or specific condition, including a condition incorporated by reference and including a condition arising from requirements, limitations, or restrictions imposed by the ABC Commission or by Virginia law. (i) A copy of this conditional use permit ordinance and "Exhibit A" shall be available on site 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.
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