8 April 8, 2015 Public Hearing

Transcription

1 8 April 8, 2015 Public Hearing CITY OF VIRGINIA BEACH AMENDMENT TO ZONING ORDINANCE WINE TASTING ROOMS REQUEST: An Ordinance to Amend 111, 901 and 2203 of the City Zoning Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based Code, establishing Wine Tasting Rooms as a Principal Use in the B-1A Limited Business District, B-2 Community Business District, B-3 Central Business District, B-4C Central Business Mixed Use District, CBC Central Business Core District and ORD Oceanfront Resort District and Adding a new Section of the City Zoning Ordinance, setting forth requirements for the use. SUMMARY OF AMENDMENT The amendment provides the opportunity for a new business model in the City of Virginia Beach wine tasting rooms. To allow this use in the city, this amendment proposes the following changes to the Zoning Ordinance: Section 111 Wine-tasting room. An establishment licensed as a winery or farm winery that serves only wine or nonalcoholic beverages for retail on-premises or off-premises consumption and that does not serve meals. Section The section sets forth the requirements pertaining to wine tasting rooms. The chief means by which winetasting rooms are differentiated from restaurants is that the former may not serve meals or alcoholic beverages other than wine. The definition of "meals" is derived from its counterpart in the Alcoholic Beverage Control Act. Zoning Districts: The amendments allow wine-tasting rooms as principal (by-right) uses, subject to the provisions of Section 209.4, in the B-1A, B-2, B-3, B-4C, CBC, and OR Districts. In the OR District, the use is allowed only in certain Building Types). Staff recommends approval. RECOMMENDATION CITY OF VIRGINIA BEACH / Amendment to CZO Wine Tasting Rooms Agenda Item 8 Page 1

2 AN ORDINANCE TO AMEND 111, 901 AND 2203 OF THE CITY ZONING ORDINANCE AND SECTION 5.2 OF THE OCEANFRONT RESORT DISTRICT FORM-BASED CODE, DEFINING THE TERM "WINE-TASTING ROOM" AND ESTABLISHING WINE TASTING ROOMS AS A PRINCIPAL USE IN THE B-1A LIMITED BUSINESS DISTRICT, B-2 COMMUNITY BUSINESS DISTRICT, B-3 CENTRAL BUSINESS DISTRICT, B-4C CENTRAL BUSINESS MIXED USE DISTRICT, CBC CENTRAL BUSINESS CORE DISTRICT AND ORO OCEANFRONT RESORT DISTRICT AND ADDING A NEW SECTION OF THE CITY ZONING ORDINANCE, SETTING FORTH REQUIREMENTS FOR THE USE Sections Amended: City Zoning Ordinance Sections 111, 901 and 2203; Oceanfront Resort District Form-Based Code Section 5.2 Section Added: City Zoning Ordinance WHEREAS, the public necessity, convenience, general welfare and good zoning 21 practice so require; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: That Sections 111, 901 and 2203 of the City Zoning Ordinance and Section of the Oceanfront Resort District Form-Based Code are hereby amended by 28 establishing wine tasting rooms as a principal use in the B-1A Limited Business District, 29 B-2 Community Business District, B-3 Central Business District, B-4C Central Business 30 Mixed Use District, CBC Central Business Core District and ORO Oceanfront Resort 31 District and a new Section of the City Zoning Ordinance, setting forth 32 requirements for the use is hereby added, to read as follows: ARTICLE 1. GENERAL PROVISIONS Sec Definitions For the purpose of this ordinance, words used in the present tense shall include 40 the future; words used in the singular number include the plural and the plural the

3 41 singular; the use of any gender shall be applicable to all genders; the word "shall" is 42 mandatory; the word "may" is permissive; the word "land" includes only the area 43 described as being above mean sea level; and the word "person" includes an individual, 44 a partnership, association, or corporation In addition, the following terms shall be defined as herein indicated; provided that 47 in the event a term defined in this section is defined differently in the regulations of any 48 form-based district, the latter definition shall control if the property to which the definition 49 applies is located in the form-based district: Wine-tasting room. An establishment licensed as a winery or farm winery that 52 serves only wine or non-alcoholic beverages for retail on-premises or off-premises 53 consumption and that does not serve meals COMMENT 56 The amendment defines the use "wine tasting room." The use differs from ordinary 57 restaurants in that a wine tasting room does not serve meals and is licensed as a winery or farm 58 winery ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 63 ALL DISTRICTS A. 66 REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET PARKING, OFF-STREET LOADING, AND CERTAIN USES Wine-tasting rooms In addition to general requirements. wine-tasting rooms shall be subject to the 73 following provisions: 74 (a) A valid license issued by the Virginia Alcoholic Beverage Control Board 75 shall be held by the establishment at all times. and the conditions of any such license 76 shall be adhered to by the operator of the establishment at all times; 77 (b) Only wine. non-alcoholic beverages and food other than meals. such as 78 appetizers. tapas. snacks and similar types of food may be served. For purposes of this 2

4 79 section. "meals" shall mean an assortment of foods commonly ordered in bona fide. full- 80 service restaurants as principal meals of the day; 81 (c) Wine and non-alcoholic beverages may be sold at retail for on-premises 82 consumption and for off-premises; 83 (d) There shall be no sale or consumption of wine on the premises between 84 midnight and ten o'clock (1 0:00) a.m.; and 85 (e) Live music shall be performed only inside the establishment and doors 86 and windows shall remain closed during such performances. except during the actual 87 ingress and egress of patrons and employees COMMENT 90 The section sets forth the requirements pertaining to wine tasting rooms. The chief means 91 by which wine-tasting rooms are differentiated from restaurants is that the former may not serve 92 meals or alcoholic beverages other than wine. The definition of "meals" is derived from its 93 counterpart in the Alcoholic Beverage Control Act ARTICLE 9. BUSINESS DISTRICTS Sec Use regulations (a) Principal and conditional uses. The following chart lists those uses 100 permitted within the B-1 through B-4K Business Districts. Those uses and structures in 101 the respective business districts shall be permitted as either principal uses indicated by 102 a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 103 shall be prohibited in the respective districts. No uses or structures other than as 104 specified shall be permitted Use I B-1 IB-1AI B-2 1 B-3 1 B-4 1 B-4CIB-4KI r I I Wind energy conversion systems, roof-mounted-, in - C C i C ~ f C 1-z r-z 1 excess of one (1) per principal structure Wine- tasting rooms. subject to the provisions of Section T ' I l I ~ f ~ f ~ f ~ ~ I f l ~ J

5 108 COMMENT 109 The amendments allow wine-tasting rooms as principal (by-right) uses, subject to the 110 provisions of Section 209.4, in the B-lA, B-2, B-3 and B-4C Districts ARTICLE 22. CENTRAL BUSINESS CORE DISTRICT B. DEVELOPMENT REGULATIONS Sec Use regulations (a) The following chart lists those uses permitted within the Central Business 120 Core District. Uses and structures shall be allowed either as principal uses, indicated by 121 a "P", or as conditional uses, indicated by a "C." Uses and structures indicated by an "X" 122 shall be prohibited, unless allowed by special exception for Alternative Compliance 123 pursuant to Section No uses or structures other than as specified herein or as 124 allowed pursuant to subsection (b) shall be permitted Use CBC Wind energy conversion systems, 129 roof-mounted, in excess of one (1) 130 per principal structure p Wine-tasting rooms, in accordance with 133 the provisions of Section p COMMENT 136 The amendments allow wine-tasting rooms as principal (by-right) uses, subject to the 137 provisions of Section 209.4, in the CBC Central Business Core District Oceanfront Resort District Form-Based Code (APPENDIX 1 TO CITY ZONING ORDINANCE) Chapter 5. Use Sec General Provisions 4

6 Permitted Uses The permitted use table identifies uses allowed by building type. The key for the use 149 table is set forth below A. Permitted Use (P) Indicates that the use is permitted by right B. Limited Use (L) Indicates that the use, while permitted by right unless otherwise specified, must meet 158 the applicable use standard C. Conditional Use (C) Indicates that the use requires approval as a conditional use before it is allowed. Use 163 standards may also apply D. "--" Indicates that a use is not permitted E. Uses not specifically listed, other than those allowed pursuant to Sec or by 170 Special Exception allowed pursuant to Sec. 7.3, shall not be permitted COMMENT The section is shown for reference purposes only SEC PERMITTED USE TABLE USE... IWine-tastin!1 room M IXED-USE Ground I Upper Floor Floors l I l COMMERCIAL Ground Floor l APARTMENT All Floors ROW HOUSE DETACHED HOUSE Ground I Upper Floor Floors All Floor s l - I -- 1 CIVIC All Floor s - Use Standard /Notes See ses;;tioo 209.4

7 182 COMMENT The amendments allow wine-tasting rooms in the Oceanfront Resort District in the building 185 types indicated by an "L," subject to the requirements of Section Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 188, 2015 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: W~tVIJV1J City Attorney's Office CA March 19, 2015 R-1 6