CITY OF CHARLOTTESVILLE, VIRGINIA
                 CITY COUNCIL AGENDA



 Agenda Date:       February 21, 2023

 Action Required:   Resolution Approval

 Presenter:         Carrie Rainey, Urban Designer/City Planner

 Staff Contacts:    Carrie Rainey, Urban Designer/City Planner

 Title:             Considering a Special Use Permit for the Three Notch'd Brewery
                    Expansion (1 reading)


Background
Scott Roth, Three Notch’d Brewing Company, LLC, acting as agent for Monticello Associates, LLC,
owners of 522 2nd Street SE, Tax Map 28 Parcel 208.1 (“Subject Property”) has requested a Special
Use Permit on the Subject Property to establish a small brewery. The applicant currently operates a
microbrewery on the Subject Property. Microbreweries are permitted to produce 15,000 barrels per
year and small breweries are permitted to produce 30,000 barrels per year per Section 34-1200. The
Subject Property is currently zoned DE Downtown Extended Mixed Use Corridor.

Discussion
The Planning Commission considered this application at their meeting on January 10, 2023. The
Commission requested additional information on the term “biological oxygen demand” discussed in
the staff report. Staff clarified biological oxygen demand is a water quality parameter measuring the
amount of oxygen required to break down organic matter entering the sanitary sewer treatment
facility. Uses such as breweries may increase organic matter. The Utilities Department is currently
performing testing on the treatment facility to determine any potential issues with expanding the
Three Notch’d Brewery from microbrewery to small brewery. The Commission also asked if the
brewery expansion would result in increased odors, and the applicant confirmed the intensity of odors
would not increase but may be present on additional days with increased production. The Planning
Commission recommended approval of the Special Use Permit with the condition provided by staff to
ensure brewery production is not expanded until either i. The Utilities Department confirms existing
sanitary sewer facilities can adequately handle the increased biological oxygen demand generated
by the expansion in brewery production, or ii. Facilities on the subject property are upgraded to
address the increased biological oxygen demand, and the Utility Department confirms the upgraded
facilities will adequately handle the increased demand.

The staff report and supporting documentation presented to the Planning Commission can be found
starting at page 6 at the following link:
https://civicclerk.blob.core.windows.net/stream/CHARLOTTESVILLEVA/be83a68f-2a65-43c7-b7d0-
b9ce7543b4df.pdf?sv=2015-12-
11&sr=b&sig=V97KC%2FZo7vLlmliUl%2BKxJP6qpId%2FJBs9QJVFdTdloPs%3D&st=2023-01-
11T15%3A02%3A10Z&se=2024-01-11T15%3A07%3A10Z&sp=r&rscc=no-
cache&rsct=application%2Fpdf

Alignment with City Council's Vision and Strategic Plan
The proposal aligns with the City Council Vision Statement of Economic Sustainability.

The proposal aligns with City Council Strategic Plan Goal 3: A Beautiful and Sustainable Natural and
Built Environment through Strategy 3.1 Engage in robust and context sensitive urban planning and
implementation. The proposal aligns with City Council Strategic Plan Goal 4: A Strong, Creative and
Diversified Economy through Strategy 4.2 Attract and cultivate a variety of businesses and Strategy
4.3 Grow and retain viable businesses.

Community Engagement
Per Section 34-41(c)(2), the applicant held a community meeting on October 26, 2022. (The Zoning
Administrator was able to attend as a NDS representative). No members of the public attended the
meeting.

The Planning Commission held a joint public hearing with City Council on this matter on January 10,
2023. One member of the public spoke on the application. The member of the public raised concerns
regarding potential issues during droughts and suggested hemp filters are available to limit potential
smells.

Budgetary Impact
No direct budgetary impact is anticipated as a direct result of this Special Use Permit.

Recommendation
The Planning Commission voted 7-0 to recommend the application be approved with the condition
provided by staff.

Alternatives
City Council has several alternatives:
(1) by motion, approve the requested Special Use Permit as recommended by the Planning
Commission with the following suggested motion;
“I move the adoption of the Resolution included in our agenda materials, granting this Special Use
Permit within SP22-00011, based on a finding that the proposed permit is required by public
necessity, convenience, general welfare, and good zoning practice”
(2) by motion, request changes to the attached resolution, and then approve the Special Use Permit;
(3) by motion, take action to deny the Special Use Permit;
Or
(4) by motion, defer action on the Special Use Permit.

Attachments
1.   522 2nd Street SE Small Brewery SUP Resolution