15July 13, 2011

APPLICANT:

MARK SPANGLER, GARBEN INC.

D.B.A. INLAND REEF

PROPERTY OWNER:

PARKWAY SHOPPING

CENTER ASSOCIATES, LLC

STAFF PLANNER: Carolyn A.K. SmithREQUEST: Conditional Use Permit (indoor recreation facility – pool tables) ADDRESS / DESCRIPTION: 1949 Lynnhaven Parkway GPIN: 14759785680000

ELECTION DISTRICT: ROSE HALL

SITE SIZE: 8.08 acres 4,800 square foot unit

AICUZ: Less than 65 dB DNL

SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow additional pool tables at this existing establishment. In business since 1983, the applicant would like have up to 10 pool tables in the 4,800 square foot unit in order to attract national league pool play as well as satisfy the increased demand for regular customers. The Zoning Ordinance allows up to 4 pool tables as a matter of right: anymore than 4 pool tables requires a Conditional Use Permit for an indoor recreational facility. The existing business is open 7 days a week and currently employees 12 people. Mark Spangler – Garben, Inc. Agenda Item 15 Page 1

LAND USE AND PLAN INFORMATION EXISTING LAND USE: shopping center and parking lot SURROUNDING LAND USE AND ZONING:

North: • Multifamily, single family dwellings / PD-H1 Planned Development District

South: • Princess Anne Road • Shopping center / Conditional B-2 Community Business District

East: • Mixed retail, fuel sales / PD-H1 Planned Development District West: • Multifamily / PD-H1 Planned Development District NATURAL RESOURCE AND CULTURAL FEATURES:

The site is located within the Southern Watersheds Management Area. There are no natural or cultural features on the site as it is almost entirely impervious and developed as a shopping center.

COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban Area and contains policies to guide and protect the future physical character of this area. The overriding objective of these policies is to protect the predominantly suburban character that is defined, in large measure, by the stable neighborhoods of our community. The following are characteristics of the Suburban Area: predominantly low-density residential subdivision; large tracts of land devoted to single-family dwelling units and others consisting of attached or multi-family units; low-intensity retail shopping centers, office complexes, employment centers and industrial parks scattered throughout land uses that depend heavily on the use of the automobile; transportation systems design for the automobile; and, various sized tracts of parkland or open space sometimes with a trail system. The Comprehensive Plan recognizes the primacy of preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods in the Suburban Area. The Plan also reinforces the suburban characteristics of commercial centers and other non-residential areas that make up part of the Suburban Area (p. 3-2).

CITY SERVICES

MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): The MTP Major Street Network Ultimate Rights-of-Way lists these segments of Lynnhaven Parkway and Princess Anne Road as a 6-lane major arterial in a 130-foot right-of-way and an 8-lane major arterial in a in a 150-foot right-of-way, respectively. Dahlia Drive, a 2 lane local street, is unlisted. There are no CIP projects in the area. TRAFFIC:

Street Name Present Volume Present Capacity Generated Traffic

Princess Anne Road

No Data 56,240 ADT 1 (up to Level of Service “D”)

Existing & Proposed Land Use 2 – 5,200 ADT

Lynnhaven Parkway

No Data 27,300 ADT 1 (up to Level of Service “D”)

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Dahlia Drive 5,185 ADT 1 9,900 ADT 1 (up to Level of Service “D”)

1 Average Daily Trips 2 as defined by general retail including nonretail uses

WATER & SEWER: This site is already connected to City water and sewer as the shopping center was established in 1980. EVALUATION AND RECOMMENDATION Staff recommends approval of this request for an Indoor Recreational Facility within the 4,800 square foot unit of the existing shopping center, subject to the conditions below. No modifications to the shopping center structures or site are proposed in association with this request for additional pool tables. The proposed recreational use is consistent with the Comprehensive Plan’s policies for the Suburban Area. This type of use helps support the recreational needs of residents in the area and could likely provide additional economic development opportunities with national pool tournament play. It should be noted that the Police Department has indicated that the shopping center has received a high volume of calls for service in the last 12 months. While unable to attribute the restaurant and pool play to any of these calls, Staff recommends a conservative approach with a condition for a 1 year review. Ample parking is available within the center to support this use and any additional traffic generated by the expansion of the business is not expected to impact traffic patterns in the vicinity. The trip generation for the entire shopping center with this addition equates to roughly 5,200 average trips per day. These are conservative numbers and likely overstate the actual trip generation of the existing building. The Institute of Traffic Engineering’s (ITE) guideline for shopping centers provides for the inclusion of non-retail uses such as a pool hall; therefore, while there will be an increase in actual trip generation due to the expanded pool hall use, it will have no impact according to the ITE’s empirical equations. Staff recommends approval of this request for Indoor Recreational Facility at this location with the conditions below.

CONDITIONS

1. Approval is subject to a 1 year time frame upon which a review by the Police Department and the Zoning Administrator in order to determine if the calls for service for the operation and expansion of the pool tables increase. If it is determined the Police Department and the Zoning Administrator that the operation is contributing negatively to the surrounding area, the conditional use permit shall be referred back to the Planning Commission and City Council for additional scrutiny.

2. The establishment shall close no later than 2:00 a.m.

3. No customer parking shall be permitted behind the shopping center along the western property line.

4. This Conditional Use Permit is valid for the subject unit of 4,800 square feet.

5. The applicant shall obtain and/or update all necessary permits and inspections from the Planning Department /Permit and Inspections Division and the Fire Department.

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NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site.

AERIAL OF SITE LOCATION

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EXISTING SITE LAYOUT

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ZONING HISTORY # DATE REQUEST ACTION 1 07/06/04

02/27/96 07/11/95

CUP (bulk storage) MOD (shopping center expansion) Change of Zoning (I-1 to Conditional B-2, R-5D to Conditional B-2)

Granted Granted Granted

2 12/08/98 CUP (auto repair) Granted 3 02/23/99 Change of Zoning (R-5D to Conditional

B-2) Granted

1

2 3

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DISCLOSURE STATEMENT

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DISCLOSURE STATEMENT