APPLICANT & PROPERTY PEMBROKE SQUARE - … · APPLICANT & PROPERTY ... LAND USE AND COMPREHENSIVE PLAN. ... as it is necessary to the branding of the applicant’s business. Alternate

PEMBROKE SQUARE ASSOCIATES, LLC Agenda Item 2 Page 1

2January 14, 2015 Public

Hearing

APPLICANT & PROPERTY OWNER:

PEMBROKE SQUARE

ASSOCIATES, LLC

STAFF PLANNER: Kevin Kemp

REQUEST: Conditional Use Permit (Indoor Commercial Recreation Facility) ADDRESS / DESCRIPTION: 4554 Virginia Beach Boulevard GPIN: 14775620340000

ELECTION DISTRICT: BAYSIDE

SITE SIZE: 26.684 acres

AICUZ: Less than 65 dB DNL

Background The applicant requests a Conditional Use Permit for the purpose of developing within Pembroke Mall a large indoor recreation (entertainment) complex that operates under the name “Uptown Alley.” The subject site is zoned both B-3 Central Business District and CBC Central Business Core District. Both zoning districts allow Indoor Recreation Facilities (with a floor area greater than 7,500 square feet) with a Conditional Use Permit. The fact that a portion of the subject site is zoned CBC Central Business Core District is important in the evaluation of this request. The intent of the CBC District is to promote the following five common planning principles that were established for the Strategic Growth Areas: (1) efficient use of land resources; (2) full use of urban services; (3) a compatible mix of uses; (4) a range of transportation opportunities; and (5) detailed human-scale design. When the CBC District was adopted as a zoning district classification, the southern portion of the subject site (closest to Virginia Beach Boulevard and Town Center) was changed to CBC. The zoning of the northern portion of the site, however, remained B-3 Business due to concerns

BACKGROUND / DETAILS OF PROPOSAL


from residential property owners to the north regarding compatibility of their homes with urban-style development. Details The proposed indoor recreation (entertainment) facility will be located within Pembroke Mall. The facility will encompass 49,898 square feet of space, 33,337 on the ground floor and 16,561 on a mezzanine level. Included in the development are a recreation component and an entertainment component that are a combination of the following:

Bowling Alley featuring high-tech bowling lanes, projection high-definition televisions, state-of-the-art scoring system, and gutter bumpers for beginners;

Billiard tables; Arcade game area featuring

interactive, current and high-tech games;

Retail prize store; Dining area including restaurant and

bar facilities; Entertainment area for live music,

sporting event viewing on large-screen video, and similar. All development will be within Pembroke Mall with the exception of improvements to the exterior entrances to the mall. The submitted renderings depict an enhanced entry featuring a clear-glass curtain wall system, stone-faced panels, metal accent panels, and columns capped off with vertical light sconces. Signage will be added at both entrances. The facility will employ between 90 and 100 individuals. The hours of operation of the facility will be as follows:

Monday through Thursday -- 11:00 a.m. to 1:00 a.m. Friday -- 11:00 a.m. to 2:00 a.m. Saturday -- 10:00 a.m. to 2:00 a.m. Sunday -- 10:00 a.m. to 1:00 a.m.

EXISTING LAND USE: Commercial retail uses associated with Pembroke Mall SURROUNDING LAND USE AND ZONING:

North: Commercial retail / B-3 Central Business District South: Commercial retail / CBC Central Business Core District East: Commercial retail / CBC Central Business Core District

West: Commercial retail / CBC Central Business Core District

LAND USE AND COMPREHENSIVE PLAN


NATURAL RESOURCE AND CULTURAL FEATURES:

The site is almost entirely developed with a large commercial structure and associated parking area. The site is located in the Chesapeake Bay Watershed. There do not appear to be any significant natural resources or cultural features associated with the site.

COMPREHENSIVE PLAN: The general vision for the Pembroke Strategic Growth Area is a central urban core with a vertical mix of urban uses, great streets, mobility and transit alternatives, urban gathering places, environmental and neighborhood preservation and enhancement, green buildings and infrastructure opportunities providing a variety of civic, commercial, artistic and ethnically diverse areas. The plan establishes a framework that concentrates a high density mix of complimentary urban uses within a defined central area, creating a skyline for the City and providing for decreasing land use densities from the core.

MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Virginia Beach Boulevard is an eight-lane major arterial road with a right-of-way width of 175 feet. The Master Transportation Plan shows an eight-lane major arterial with an ultimate right-of-way width of 155 feet. No CIP projects are currently scheduled for this segment of Virginia Beach Boulevard. Constitution Drive is a two-lane minor urban arterial with a right-of-way width of 80 feet. The Master Transportation Plan shows a four-lane major collector with an ultimate right-of-way width of 80 feet. No CIP projects are currently scheduled for this segment of Constitution Drive.

TRAFFIC:

Street Name Present Volume

Present Capacity Generated Traffic

Virginia Beach Boulevard

44,436 ADT 1 56,240 ADT 1 (Level of Service “D”) 64,260 ADT 1 (Level of Service “E”)

Existing Land Use 2 – 22,313 ADT

Proposed Land Use 3 – No Change (SEE

FOOTNOTE 3 BELOW)

Constitution Drive 15,488 ADT 1 10,700 ADT 1 (Level of Service “D”) 13,100 ADT 1 (Level of Service “E”)

1 Average Daily Trips 2 as defined by 623,479 square feet of leasable space in Pembroke Mall

3 The ITE Trip Generation Manual includes both restaurants and recreation facilities as possible uses in a Shopping Center. Accordingly, the overall trip generation for Pembroke Mall would result in the same calculation.

WATER: This site is connected to City water. There is a 20-inch and a 16-inch City water transmission main along Virginia Beach Boulevard, a 10-inch City water main along Virginia Beach Boulevard, an 8-inch City water main on the property within a Public Utility Easement, an 8-inch City water main along Constitution Drive, and an 8-inch City water main along Jeanne Street. There is a 6-inch abandoned water main along Constitution Drive and a 6-inch abandoned water main along Jeanne Street. There are several water meters that may be used or upgraded to accommodate the proposed development.

IMPACT ON CITY SERVICES


SEWER: This site is connected to City sewer. There is an existing City sanitary sewer gravity main on the property within a Public Utility Easement, a 10-inch and an 8-inch City sanitary sewer gravity main along Constitution Drive, a 10-inch City sanitary sewer force main along Constitution Drive, an 8-inch City sanitary sewer gravity main along Jeanne Street, and an existing 10-inch City sanitary sewer force main along Jeanne Street. There is a 10-inch abandoned force main along Constitution Drive and a 12-inch abandoned gravity main along Constitution Drive. Sewer and pump station analysis for Pump Station 354 is required to determine if future flows can be accepted.

The request for a Conditional Use Permit for an indoor recreational (entertainment) facility is acceptable. This proposed development will utilize approximately 49,898 square feet of floor area within Pembroke Mall. Recent market trends, including the rise of internet commerce, have led to the desire of mall operators to convert spaces in malls to uses other than retail. The proposed indoor recreational facility is consistent with the long term vision for the Pembroke Strategic Growth Area. A recreation and entertainment facility of this size and nature will help attract visitors to the Core District of the Pembroke SGA and encourage further economic growth. A majority of the proposed development will be within the existing mall structure; however, improvements will be made at two exterior mall entrances. The proposed improvements are consistent with recent exterior renovations that have been made to Pembroke Mall. The site is located in the Pembroke Strategic Growth Area. Applicants are encouraged to present their proposal to the Central Business District Association Design Review Committee. Such presentation, however, is strictly voluntary, and in this instance, the applicant did not respond to Staff regarding the Committee. The submitted renderings of the Pembroke Mall entrance depict a large bowling pin structure located on the roof of the mall structure. According to Section 210.2 of the Zoning Ordinance, this bowling pin structure is considered a sign:

Sign. Any structure, display, device or other object or thing, including, but not limited to, any word, letter, series of words or letters, painting, mural, logo, insignia, emblem, service mark or other graphic pictorial representation, which identifies or advertises, or directs or attracts attention to, any product, merchandise, service, business or establishment, or which suggests the identity or nature of any business or establishment, or which invites or proposes a commercial transaction.

Section 212 of the Zoning Ordinance prohibits any sign that projects above the roofline; therefore, the bowling pin, as shown on the submitted renderings, is not permitted. The applicant has expressed the desire to retain this design feature, as it is necessary to the branding of the applicant’s business. Alternate locations of the bowling pin feature, such as on the ground level at the exterior entrance, have been suggested to the applicant and are being explored. It should be noted that should the applicant find a location for the bowling pin structure, a Board of Zoning Appeals variance may be required in addition to this use permit. As such, Condition 3 is recommended below to address this issue. Staff recommends approval of this request with the conditions below.

EVALUATION AND RECOMMENDATION


1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the site shall be developed substantially in conformance with the submitted site plan entitled “PEMBROKE MALL SITE PLAN,” dated October 29, 2014 and prepared by Cox, Kliewer and Company, P.C. This site plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department.

2. With the exception of any modifications required by any of these conditions, the exterior renovation of the building shall be constructed substantially in conformance with the submitted renderings entitled “PROPOSED ENTRANCE UPTOWN ALLEY PEMBROKE MALL,” dated August 19, 2014 and “VIRGINIA BEACH BLVD. ENTRY UPTOWN ALLEY PEMBROKE MALL,” dated August 26, 2014, prepared by Cox, Kliewer and Company, P.C. The renderings have been exhibited to the Virginia Beach City Council and are on file in the Planning Department.

3. There shall be no bowling pin structure, such as that shown on the exterior renderings referenced above in Condition 2, permitted on any portion of the roof or projecting above the roofline of the mall. The bowling pin structure is a sign, as defined in Section 210.2 of the Zoning Ordinance, and as such, any alternate location(s) of the bowling pin structure shall require a sign permit to be issued by the Zoning Office of the Planning Department. If no permit can be issued for the bowling pin structure (sign), the applicant must seek a variance from the Board of Zoning Appeals if said sign is still desired.

4. The hours of operation shall be 11:00 a.m. to 1:00 a.m. on Monday through Thursday, 11:00 a.m. to 2:00 a.m. on Friday, 10:00 a.m. to 2:00 a.m. on Saturday, and 10:00 a.m. to 1:00 a.m. on Sunday.

5. Plans for the restaurant shall be submitted to the Virginia Beach Department of Public Health for review and approval. A Virginia Department of Health permit to operate a restaurant is required prior to opening.

6. The applicant shall obtain all necessary permits and inspections from the Planning Department- Permits and Inspections Division and Zoning Division and the Fire Prevention Bureau.

7. Any on-site signage for the indoor recreation facility shall meet the requirements of the City Zoning Ordinance. A permit shall be obtained from the Planning Department for the installation of any signage.

CONDITIONS


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


PLAN OF PEMBROKE MALL SITE SHOWINGLOCATION OF PROPOSED USE AND ENTRANCES


LOCATION WITHIN PEMBROKE MALL


REVISED INTERIOR LAYOUT OF PROPOSED RECREATION FACILITY


RENDERING OF PROPOSED

EXTERIOR ENTRANCE (NORTH SIDE)


RENDERING OF PROPOSED VIRGINIA BEACH BOULEVARD ENTRANCE


PHOTOGRAPHS OF UPTON ALLEY RICHMOND, VA


ZONING HISTORY

# DATE REQUEST ACTION 1 02/25/2014 Change of Zoning (B-3 & B-3A to CBC) Approved 2 02/26/2013 Use Permit (Flea Market) Approved 3 01/08/2013 Modification of Conditions (Private School) Approved 07/11/2006 Use Permit (Private School) Approved 02/08/2000 Change of Zoning (B-3 to B-3A) Approved 4 01/08/2013 Use Permit (Multi-family Home) Approved 10/10/2000 Change of Zoning (B-3 to B-3A) Approved 5 02/14/2006 Use Permit (Religious Use) Approved 6 05/10/2005 Change of Zoning (B-3 to B-3A) Approved 7 04/08/1997 Use Permit (Automobile service w/ convenience store) Approved

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DISCLOSURE STATEMENT


DISCLOSURE STATEMENT

Documents

APPLICANT & PROPERTY PEMBROKE SQUARE - … · APPLICANT & PROPERTY ... LAND USE AND COMPREHENSIVE PLAN. ... as it is necessary to the branding of the applicant’s business. Alternate