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Planning commission recommends larger indoor occupancy for Pickett’s Cross Street restaurant
Summary
The Urbanna Planning Commission voted to recommend approval of Special Use Permit 2025-4, allowing the applicant, Sean Pickett (Pickett Homes LLC), to increase indoor occupancy at 161 Cross Street from 20 to 36 by converting a storage area to seating and amending Condition 5.
The Urbanna Planning Commission on Dec. 10 recommended approval of Special Use Permit 2025-4 for 161 Cross Street, a mixed-use building owned by Pickett Homes LLC, to increase indoor occupancy to 36.
Ted Costin, the town planner who presented the case, said the building’s certificate of occupancy had been set at 20 but that the building official confirmed the floor-area calculation supports raising it to 24; adding a 12-by-15-foot storage area would increase indoor seating by about 12 to a total of 36. Costin said staff’s proposed change requires an amendment to Condition 5, which addresses noise and hours, and that notices had been sent to adjacent owners with no concerning comments received. "We're going from 20 to 36," Costin said, noting the underlined language in the draft condition that reflects the change.
Applicant Sean Pickett told the commission the added seating is intended as overflow and to support events such as the Urbana Oyster Festival. "I love this town," Pickett said, describing plans to convert the storage area into seating that fits the town's historic character.
Commissioners asked whether outdoor seating counts toward the indoor certificate of occupancy. Costin and building-inspection staff clarified that the certificate of occupancy is set by indoor square footage; the health department told staff previously that outdoor seating alone did not change the indoor certificate, but with the current request the indoor cap itself would increase to 36. Costin cautioned that if outdoor patrons were forced indoors (for example, by rain) the operation could not exceed 36 people inside.
After discussion, the commission moved and seconded a recommendation to approve SUP 2025-4 with the altered Condition 5 (changing the cited occupancy to 36). The motion passed by voice vote with no nays recorded.
No additional formal conditions or amendments were recorded in the transcript. The planning commission's action in the transcript was a recommendation on the special-use permit; the transcript did not specify subsequent procedural steps or calendar dates for further review.
