DAVE & BUSTERS, INC. Agenda Item 10 Page 1

10December 12, 2012 Public Hearing

APPLICANT:

DAVE & BUSTERS, INC.

PROPERTY OWNER:

LYNNHAVEN MALL, L.L.C.

STAFF PLANNER: Karen ProchiloREQUEST: Conditional Use Permit (Indoor Recreational Facility) ADDRESS / DESCRIPTION: 701 Lynnhaven Parkway GPIN: 14964615590000

ELECTION DISTRICT: ROSE HALL

SITE SIZE: 12,000 square feet

AICUZ: Greater than 75 dB DNL APZ-2

The applicant requests a Conditional Use Permit to construct a 40,743 square feet indoor recreational (entertainment) facility within the Lynnhaven Mall. The proposed indoor entertainment facility will be located in what was once the space of a former furniture store. This facility will be open from 11:00 a.m. until 1:00 a.m. on Sunday through Thursday, and 11:00 a.m. until 2:00 a.m. on Friday and Saturday. Approximately 170 individuals will be employed. The proposal will be comprised of a full-service restaurant and a “Midway” area where the majority of the various games are concentrated. The types of games are a combination of non-redemption types of games such as action oriented games like racing, Connect Four and Zombie and redemption games such as Skee-Ball. There is no gambling or video poker allowed. Food and beverages will be served in all guest areas. The facility will seat approximately 712 patrons within the restaurant, sports bar, function rooms and various arcade dining areas. The exterior entrance of this lease space will be renovated to include a vertical sign EIFS wall adjacent to the new metal storefront entrance and canopy. This entrance treatment combined with neutral colored EIFS wall panels will project outward beyond an orange-patterned EIFS backdrop. On the outside corner

SUMMARY OF REQUEST

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located near the service area, additional neutral-colored EIFS wall panels with signage will project outward beyond another orange-patterned EIFS backdrop.

LAND USE AND PLAN INFORMATION EXISTING LAND USE: Lynnhaven Mall, SURROUNDING LAND USE AND ZONING:

North: • Retail shops / B-2 Community Business District South: • Retail shops / B-2 Community Business District East: • Retail shops / B-2 Community Business District

West: • Retail shops / B-2 Community Business District NATURAL RESOURCE AND CULTURAL FEATURES:

Suburban mall with the building centrally located surrounded by surface and structured parking. There are no known significant natural resources or cultural features on this site.

COMPREHENSIVE PLAN: This area of the City is designated as Special Economic Growth Area (SEGA) 2 – West Oceana. Much of this area is subject to Navy restrictive easements and all of this area is inside the AICUZ. All new or improved development proposals must adhere to the City’s AICUZ provisions. This is viewed as a special area with significant economic value and growth potential. The City supports development and redevelopment of this area consistent with AICUZ provisions and the City’s economic growth strategy. The planning principles for the Suburban Area are reinforced by Special Area Development Guidelines for site and building design in the Comprehensive Plan’s Reference Handbook. These design principles are tailored for this area and implemented, as appropriate, to improve the quality of our physical environment. Building materials should reflect the character of the area associated with it.

CITY SERVICES

MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): The site is part of a large shopping mall with multiple signalized and unsignalized access points to Lynnhaven Parkway and South Lynnhaven Road. Additional collector and arterial roadways, such as Bow Creek Boulevard and International Parkway, form the fourth leg at some of the signalized mall entrances. According to the Master Transportation Plan Major Street Network Ultimate Rights-of-Way list adopted by City Council in 2010, Lynnhaven Parkway is to be expanded to 8 lanes. All other streets in the site’s area are fully built-out or unlisted. There is one active CIP project affecting mall entrances, CIP #2.018.001 Lynnhaven Parkway/International Parkway Intersections Improvements. TRAFFIC:

Street Name Present Volume Present Capacity Generated Traffic

Lynnhaven Parkway

39,000 ADT 1 Up to 42,100 ADT 1 (Level of Service “D” or

better) - Capacity

Existing Land Use 2 – 36,200 ADT

704 AM Peak Hour Trips

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South Lynnhaven Road

16,800 ADT 1(2012)

Up to 22,800 ADT 1 (Level of Service “D” or

better) - Capacity

3,571 PM Peak Hour TripsProposed Land Use 3 –

unchanged 1 Average Daily Trips

2 as defined by shopping center w/ 1,313,000 SF gross leasable area 3 as defined by shopping center w/ 1,313,000 SF gross leasable area

WATER: This site connects to City water. There are multiple existing water meters, which may be used or upgraded. There is a 10-inch City water main in an easement looping around Lynnhaven Mall. SEWER: This site connects to City sanitary sewer. Analysis of Pump Station #513 and the sanitary sewer collection system is required to determine if future flows can be accommodated. There is a 10-inch City gravity sanitary sewer in an easement. HEALTH DEPARTMENT: Restaurant plans must 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. The request for a Conditional Use Permit for an indoor recreational facility is acceptable. This proposal will be utilizing approximately 40,743 square feet of retail space within the mall. With the rise of internet commerce, there has been an increasing need by mall operators to turn spaces in malls into something other than retail or dining. This indoor recreational use is consistent with the Comprehensive Plan’s land use policies for SEGA 2 – West Oceana and the Suburban Area. Although this proposed entertainment venue will have its own exterior entrance, this facility will be tucked into an internal corner of what is mainly a service area of a mall. Given this location, the need to create visual interest and a presence in an otherwise dull space is necessary for an entertainment type venue. While the Dave and Buster building design is not likely consistent with other retail tenants, the design is considered appropriate for an established entertainment area, and is consistent with design trends in older malls throughout the nation trying to revitalize shopping malls. In fact, Lynnhaven Mall was one of the first malls to attempt this when, several years ago, the theater complex and restaurant plaza was added to the west side of the mall. Staff recommends approval of this request with the conditions below.

CONDITIONS

1. The tenant space shall be located substantially in accordance with the submitted “Exhibit A – Lynnhaven Mall Virginia Beach, Virginia” prepared by GGP and dated 09/15/2012. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department.

2. The exterior building elevations shall be constructed in substantial accordance with the submitted elevations entitled “Dave & Buster’s Virginia Beach, Virginia”. Prepared by Aria Group Architects, Inc. and dated 09-28-2012. Said elevations have been exhibited to the Virginia Beach City Council and are

EVALUATION AND RECOMMENDATION

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on file in the Planning Department.

3. The hours of operation will be from 11:00 a.m. until 1:00 a.m. on Monday, Tuesday, Wednesday, Thursday and Sunday and 11:00 a.m. until 2:00 a.m. on Friday and Saturday.

4. Restaurant plans must be submitted to the Virginia Beach Department of Public Health for review and approval. A Virginia Department of Health permit it operate a restaurant is required prior to opening.

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.

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.

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AERIAL OF SITE LOCATION

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SITE PLAN SHOWING LOCATION

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ENLARGEMENT OF MALL PLAN SHOWING LOCATION

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UNIT LAYOUT PLAN

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FLOOR PLAN

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ELEVATION DRAWINGS OF

PROPOSED EXTERIOR

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ZONING HISTORY # DATE REQUEST ACTION 1 06/23/1992

03/24/1998 Conditional Use Permit (Motor Vehicle Repair) Conditional Use Permit (Recreation Facility)

Approved Approved

2 06/23/2009 Conditional Use Permit (Indoor Commercial Recreation Facility) Approved 3 06/26/2012 Conditional Use Permit (Wind Energy System) Approved 4 11/13/2012 Conditional Use Permit (Motor Vehicle Repair) Approved

12

4 3

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DISCLOSURE STATEMENT

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DISCLOSURE STATEMENT

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DISCLOSURE STATEMENT

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DISCLOSURE STATEMENT

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DISCLOSURE STATEMENT