20 September 14, 2011 Public Hearing APPLICANT: FRESH WORLD VA-B, INC.

Transcription

1 20 September 14, 2011 Public Hearing APPLICANT: FRESH WORLD VA-B, INC. PROPERTY OWNER: ELIAS PROPERTIES SALEM CROSSING STAFF PLANNER: Carolyn A.K. Smith REQUEST: Conditional Use Permit (indoor recreational facility ping pong tables, pool tables, chess, checkers, card games, pinball, electronic games) ADDRESS / DESCRIPTION: 2029 Lynnhaven Parkway GPIN: ELECTION DISTRICT: CENTERVILLE SITE SIZE: acres LEASE SPACE: 14,000 SF unit AICUZ: Less than 65 db DNL SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow a 14,000 square foot family oriented game facility to be known as Ping Pong Time. The application indicates that the business will operate Monday through Sunday, 9:00 a.m. to 11 p.m. with up to 18 table tennis tables, 6 coin operated billiard tables, and 8 foosball tables. Other proposed games available to customers include approximately 15 tables for checkers, chess, cards, or other similar games. Several pinball machines and table top electronic games may be installed as well. There will be seating for approximately 48 customers who can purchase food and drink via vending machines. No alcohol is proposed to be served and no children unsupervised without a parent/guardian are permitted. The applicant indicates that the target clients are families, retired people and young people particularly between the ages of 6 and 12. The application was deferred at the August 2011 Planning Commission to address specific concerns related to safety and security. Four additional conditions are proposed in the Evaluation section of this report that addresses these issues. Page 1

2 LAND USE AND PLAN INFORMATION EXISTING LAND USE: shopping center and parking lot SURROUNDING LAND USE AND ZONING: North: Retail shop / Conditional B-2 Community Business District South: Mixed retail / Conditional B-2 Community Business District East: Mixed retail / Conditional B-2 Community Business District West: Vacant lots / R-5D Residential 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: This area of the City is designated as part of the Suburban Area and contains policies to guide and protect the future physical character. 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 Salem Road as 4- lane minor arterials in a 110-foot and 120-foot right-of-way respectively. Princess Anne Road is listed as an 8- lane major arterial in a in a 150-foot right-of-way respectively. There are no CIP projects in the area. TRAFFIC: Street Name Princess Anne Road Lynnhaven Parkway Present Volume Unknown Present Capacity 56,240 ADT 1 (Level of Service D ) 22,500 ADT 1 27,300 ADT 1 (Level of Service D ) Generated Traffic Existing Land Use 2 12,026 ADT Proposed Land Use 3 No measureable change anticipated 1 Average Daily Trips 2 as defined by general retail 3 as defined by retail Page 2

3 WATER & SEWER: This site is already connected to City water and sewer as the shopping center was built in EVALUATION AND RECOMMENDATION 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 provides a wholesome family environment. The site is part of a major commercial center that was developed in accordance with the Retail Establishments and Shopping Centers Ordinance Guidelines, ensuring quality site, architectural, and landscape design. 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 Institute of Traffic Engineering (ITE) Manual for trip generation for a Shopping Center includes nonretail uses such as a ping pong hall in the average daily trip number. While there will likely be a slight increase in actual trip generation due to the proposed use, it will have no impact according to the ITE s empirical equations. Based on discussion by the Planning Commission at the August meeting, 4 additional conditions have been added that address: security, employees, rules of conduct, annual review. In addition, the applicant has agreed to a Contract of Conduct, to be signed by both the child and the parent/guardian, stating acknowledgement of the posted rules and expected behavior while on the shopping center property, not just within the facility. These additional conditions are beyond what is considered normal conditions of approval for an Indoor Recreation Facilities including those in the vicinity that serve alcohol and open until 2:00 a.m. The proposed Rules of Conduct to be posted at the entry are as follows: 1. No loitering 2. No alcohol 3. No smoking 4. No unsupervised children under the age of 18 permitted during school days 5. Contract of Conduct required for all under age children with signature of parent 6. No foul language 7. No shouting Staff recommends approval of this request for Indoor Recreational Facility at this location with the conditions below. 1. This use permit is valid for the subject unit of 14,000 square feet. 2. Exterior building signage shall comply with the requirements of the Zoning Ordinance. CONDITIONS 3. The applicant shall obtain all necessary permits and inspections from the Planning Department /Permit and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change in use from the Building Official. Page 3

4 4. During evening and weekend operating hours, a minimum of 2 employees shall be on duty at all times. 5. Rules of conduct shall be posted at the entrance, visible by all who enter, as provided within the Staff Report. 6. Security cameras shall be installed to monitor the entire indoor recreational facility. 7. Approval is subject to a 1 year time frame upon which a review by the Zoning Administrator in order to determine if the establishment is contributing negatively to the surrounding area. The Zoning Administrator may refer the request back to the Planning Commission and City Council for additional scrutiny if determined necessary due to problems with the operation of the facility. 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. Page 4

5 AERIAL OF SITE LOCATION Page 5

6 EXISTING SITE LAYOUT Page 6

7 EXISTING BUILDING ELEVATION WITH PROPOSED ADDITIONAL SIGNAGE Page 7

8 PROPOSED INTERIOR LAYOUT Page 8

9 # 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, 2 09/23/03 04/17/98 R-5D to Conditional B-2) MOD Change of Zoning (R-5D to Conditional B- 2) 3 08/27/02 Change of Zoning (R-5D to Conditional B- 2) 4 02/25/01 MOD 09/25/01 CUP (fuel sales) 5 09/22/98 Change of Zoning (R-10 to Conditional A- 12 with PD-H2 Overlay) 6 02/23/99 Change of Zoning (R-5D to Conditional B- 2) 7 06/26/07 Change of Zoning (R-5D, R-10 to Conditional B-4, A-24, A-12 with PD-H2 Overlay Page 9

10 DISCLOSURE STATEMENT Page 10

11 DISCLOSURE STATEMENT Page 11

12 DISCLOSURE STATEMENT Page 12