OCEAN CITY – The Planning and Zoning Commission is working with the Ocean City Brewing Company (OCBC) to come up with a plan to have outdoor seating approved where it will be a win-win for everybody.
On Tuesday evening, the Planning and Zoning Commission held a public hearing to consider a request from OCBC to reconsider lifting a conditional use placed on the establishment that does not allow for outdoor seating. In doing so, three parking spaces would be removed.
OCBC is located on 56th Street on the site of the old Adkins Lumber Company. The establishment includes a brewery, restaurant and retail and is surrounded by both residential and commercial properties.
OCBC has been open for about a year now originally receiving its Conditional Use permit in February 2014 despite concerns over potential odor, noise and other impacts on the neighboring community and adjacent businesses.
Upon approval, the Mayor and Council listed several conditions, such as the grain is to be stored indoors, the by-product be stored inside until removed, a six-foot privacy fence and trees be planted in the buffer between neighboring properties, no outside seating for the restaurant and no canned or bottles beer be produced in the brewery. Since opening, the brewery has returned to have other conditions lifted and requests were denied.
This week, OCBC owner Josh Shores returned to the Planning and Zoning Commission requesting to have the condition of no outdoor seating lifted.
“The majority of people who come to Ocean City want outdoor seating. We receive requests constantly over the phone, by email and from customers coming in, and we would like to provide what our customers want,” he said.
Shores provided a petition that was initiated a few months ago during the offseason that had received over 1,000 signatures from those in favor of outdoor seating at OCBC.
“If they ask for it [outdoor seating], then we ask them to sign our petition. This was not during the summer season when we could have received hundreds of more signatures,” he said.
The outdoor seating is proposed to be located on the south side of the restaurant directly in the center of the building, which is where the grain silo was proposed to be constructed. The area will be fenced in with two gates on either side followed by walkways to doors leading into the building. The space will fit 15 umbrella covered tables that will seat about 50 to 60 patrons. According to Shores, there will be no live entertainment involved.
The property has 78 parking spaces available with only 72 parking spaces required. If three parking spaces are removed, the parking would still be in compliance.
OCBC General Manager Matt Rankin testified since OCBC has been in operation there has not been one noise violation, public intoxication incident, underage drinking violation, police call, fight or altercation, loitering violation or any complaint of any kind.
Rankin also verified he receives multiple calls, emails and personal requests for outdoor seating on a daily basis.
Commission member Palmer Gillis asked Shores if he would consider placing the outdoor seating on the front of the building instead.
“It is dead center of the building, 250 feet from any condominium or hotel, with doors leading into the restaurant. If we put it on the front, we would have to run all of our food through retail to get to the front of the building. This would be the easiest access for our servers and food runners to get food to our customers,” Shores said.
Maresol Condominiums Property Manager Monica Whitehead, representing the Maresol Home Owners Association (MHOA), spoke in opposition of the request. The Maresol is located to the south of OCBC.
“The association is in complete agreement with the use and restrictions currently in place, and we would like to see that kept in place because that is what kept the violations from not being a problem, and we feel if you lift those regulations it is going to create the possibility for those violations and congestion with parking,” she said.
A letter submitted by the MHOA stated, “Obviously outdoor seating is intended to have people sitting, eating, drinking beer and enjoying themselves outside. This, in and of itself, will create additional noise in close proximity to condo residents and hotel guests. What is not clear is what else will be part of the outside deck and use. Additional lighting, music and entertainment are likely and not welcome.”
The HOA is also concerned over the loss in parking.
“The request states that non-required spaces will be eliminated. We believe that all currently provided onsite parking is ‘required.’ Since OCBC already has a parking variance from the City to provide less than code required parking, we believe the elimination of any parking spaces will likely add to traffic congestion and parking issues in the area.”
Prior to the public hearing being closed, Shores asserted OCBC is a growing business.
“Since day one, I know we have had problems with everyone understanding what this business is evolving into and everyday there is a new project. We are doing what our customers are asking us for. It is a brewery, restaurant and gift shop and things are changing constantly. We are trying to stay with what our customers want. It is all part of the Ocean City experience,” he said.
Gillis understood OCBC is inventing the wheel as far as introducing Ocean City to a brewery operation of its size.
“I have spoken in favor of the canning. I have spoken in favor of the bottling. I have spoken in favor of the silo. I like the idea of the outdoor dining but what still gives me heartburn is the parking along Coastal Highway … and if there was any way this seating could go to the front,’ he said. “… I understand the logic behind putting the outdoor seating where it is but any chance I can advocate getting rid of one to three parking spaces along Coastal Highway with the added benefit of it [outdoor seating] being a flag for the restaurant. I am in favor of the outdoor dining. I just don’t like where it is.”
Commission member Joel Brous agreed with Gillis adding the proposed location is too close to the condos and hotel, and if it was located on the front of the building it would be closer to the commercial side of the property.
“The business has had a good year. They are growing, and in year two they are probably going to double,” Commission member Peck Miller said. “I am not in favor of outdoor dining on the south side of the building. If you want to put it on the east side of the building where the handicap spaces are, I would be a lot more amenable.”
Commission member Chris Shanahan asserted if the commission were to forward a favorable recommendation to allow the outdoor seating on the south side the Mayor and City Council is not going to approve the request.
“We are up here to help you. If you can put it upfront somehow and move your handicap spots around, I think you will have something that will satisfy your needs and your customers,” he said.
Gillis made a recommendation to re-design the proposed outdoor seating to be located on the front of the building in the first three parking spaces in the northeast corner of the property with access into the restaurant, fencing and a landscaped edge.
Commission member John Staley made a motion to continue the public hearing at the next meeting for Shores to present a new site plan for approval. The commission voted unanimously to approve.