CITY COUNCIL PACKAGE FOR FEBRUARY 18, 2020...2020/02/18 · Two-story or three-story garden...

Docket Item "C" PLN-PUDM-2019-004

The Zone at Greenbrier Mall

CITY COUNCIL PACKAGE FOR

FEBRUARY 18, 2020

Heard by Planning Commission on February 12, 2020

– 2 Application Summary 3 – 8 Development Criteria dated February 3, 2020 9 – 9C Planning Commission Draft February Minutes 10 – 64 Staff Report: February 4, 2020 31 Fiscal Impact Analysis

64 Aerial 65 Information Package: GIS Exhibit, Application,

Power of Attorney(s), Title Report Summary, Adjacent Property List, Location Map

APPLICATION SUMMARY

PLN-PUDM-2019-004 The Zone at Greenbrier Mall

PLN-PUDM-2019-004 The Zone at Greenbrier Mall APPLICANT: Seritage SRC Finance LLC OWNER: Seritage SRC Finance LLC AGENT: Williams Mullen PROPOSAL: A modification to the Development Criteria for the Greenbrier PUD, Zone A, to allow a satellite wagering facility and certain development standards necessary for the redevelopment of the Sears parcel at Greenbrier Mall. PROPOSED COMP LAND USE / DENSITY: Regional Mixed Use EXISTING COMP LAND USE / DENSITY: Regional Mixed Use LOCATION: 1401 Greenbrier Parkway TAX MAP SECTION/PARCEL: 0280000000066 BOROUGH: Washington

SUBMITTED: 09-30-19 ACKNOWLEDGED BY COUNCIL: 12-10-19

CITY COUNCIL

HEARING DATE: 01-14-2020

ACTION: APPROVED FOR CONCURRENT ADVERTISING

VOTE: 8 – 1

STAFF RECOMMENDATION

Denial

PLANNING COMMISSION

HEARING DATE: 02-12-2020

RECOMMENDATION: Continued to April 8, 2020

VOTE: 7 – 1

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APPLICATION SUMMARY

PLN-PUDM-2019-004 The Zone at Greenbrier Mall APPLICANT: Robert Ursini

Seritage SRC Finance LLC 500 5th Ave #1530 New York, NY 10110 [email protected]

OWNER: Seritage SRC Finance LLC

500 5th Ave #1530 Robert Ursini New York, NY 10110 212-355-7800 [email protected]

AGENT: Grady Palmer

Williams Mullen 999 Waterside Drive Suite 1700 Norfolk, VA 23510 757-629-0606 [email protected]

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February 3, 2020

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DEVELOPMENT CRITERIA GREENBRIER, ZONE 5, SECTION A

1. GENERAL: These Criteria provide more specific guidelines for the development of Section A of Zone 5 than “The Greenbrier Planned Unit Development General Guides and Standards,” a copy of which is attached and made a part hereof. Reference to them may be made subsequently as the “General Guides” for short. Special designs may permit deviation from these Criteria. However, any such variance shall be expressly noted on the Preliminary Site Plan or Subdivision Plan, e.g., “Minimum rear yard = 15’ (vs. 20’ in Dev. Crit.)”, and shall be granted only by the express approval of the Planning Commission. These Criteria shall govern parcels given Preliminary Plan approval on or after July 27, 1983.

2. USES: Section A is comprised of commercial and residential land uses along the west and north sides of River Birch Run North. Listed below are the Parcels in this Section, along with their land use categories:

Parcel Name Use Category

1 Greenbrier Mall C – Commercial (Regional Shopping)

2 _______ B – Business/Office

3 _______ M – Medium Density Residential

4 Woodgate Commons LM – Low/Medium Density Residential

Permitted Uses in Parcel 1 (“C – Greenbrier Mall Complex) shall be the regional mall itself and those office, retail commercial and related uses noted in the O & I, B-1 and B-4 Districts described in the Chesapeake Zoning Ordinance. Approximately 23.9 acres of Parcel 2 is planned as a major office building complex, O&I, B-1, B-2, or other approved use requiring major highway visual exposure and excellent vehicular access and approximately 25 acres of Parcel 2 is planned as Medium 8-15 UN/AC. Two-story or three-story garden apartments or a similar use is anticipated for Parcel 3. Parcel 4 (Woodgate Commons) is planned as a Low/Medium Density neighborhood featuring townhomes for sale oriented around a major open space element.

The Zone at Greenbrier Mall (“The Zone”):

The Zone is intended to be an entertainment-oriented development located on parcel #0280000000066, which is within parcel 1 (“C- Greenbrier Mall Complex”). It is expected that parcel # 0280000000066 may be subdivided into individual lots for separate uses in the future, which hereinafter will be referred to as “subsequent parcels.”

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For parcel # 0280000000066 and all subsequent parcels, the following uses shall be permitted and regulations shall apply:

a. Breweries shall be permitted and shall not be subject to the restrictions on production activities set out in Section 7-402.D of the Chesapeake Zoning Ordinance.

b. One satellite (pari-mutuel) wagering facility shall be permitted, notwithstanding the restrictions set out in Section 7-601.C.40 of the Chesapeake Zoning Ordinance. The satellite wagering facility shall be permitted up to seven hundred (700) historical horse racing terminals in accordance with applicable laws and regulations.

c. Hotels with a maximum building height of 75 feet, notwithstanding the requirements set forth in Section 7-402.A.6 of the Chesapeake Zoning Ordinance.

d. Eating and drinking places shall be permitted to sell alcoholic beverages for onsite consumption until 2:00 am regardless of the distance to adjacent uses.

e. Development standards: Unless otherwise provided herein the development standards for the B-2 General Commercial District shall govern all plats and site plans for The Zone.

f. Exterior signs within the Zone shall comply with the requirements of the Chesapeake Zoning Ordinance pursuant to Section 11-803; provided that, if the Zoning Ordinance is subsequently amended to allow PUDs to deviate from Zoning Ordinance requirements, then exterior signs in The Zone shall comply with the regulations contained in the Greenbrier Sign Ordinance (Sign Regulation Supplement) dated February 4, 1975.

3. ACCESS AND CIRCULATION a. Vehicular …. As shown on the Master Land Use Plan, primary vehicular access is provided

by River Birch Run North, Eden Way North, and Greenbrier Parkway. Points of access to these collectors shall be as shown on the approved construction plans. Public streets shall conform to the requirements of Chesapeake’s Subdivision Ordinance and Standards and Criteria. Private streets and drive aisles shall be not less than 22’ wide for and two2-way traffic or 16’ for one-way.; provided that all drive aisles within parcel #0280000000066 and all subsequent parcels shall be a minimum of 24’ in width, or 26’ where required by the Fire Chief or designee.

b. Parking …. Not less than 2.0 parking spaces per dwelling unit shall be provided in residential use parcels, except that apartment uses may have a ratio not less than 1.75, and 2.0:1 or better ratio and guest parking provisions are desirable. Recreational vehicles such as boats, motor homes, etc. may be parked only in any areas expressly designated for same on the approved Site Plan or Subdivision Plan. Parking for uses other than residential shall be as set forth in the Chesapeake Zoning Ordinance. For parcel #0280000000066 and all subsequent parcels, notwithstanding Section 19-411.B.32 of the Chesapeake Zoning Ordinance, the satellite wagering facility shall be required to provide one (1) space for every one-hundred (100) square feet of gross floor area with a minimum of at least nine hundred (900) spaces located on the parcel on which the satellite wagering facility operates. Further, notwithstanding Sections 19-404 and 19-405 of the Chesapeake Zoning Ordinance, parking for the satellite wagering facility use shall be provided

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cooperatively among the uses within Parcel 1 (“C- Greenbrier Mall Complex”) pursuant to the Multi-Party Development and Operating Agreement for Greenbrier Mall (“Mall Parking Agreement”) dated October 28th, 1980, as amended. The applicant/owner agrees that if either (1) the Mall Parking Agreement expires, is terminated or is otherwise no longer in legal effect and a satellite wagering facility is operating on parcel #0280000000066 or a subsequent parcel; or (2) the Director of Development and Permits determines that cooperative parking among the uses within Parcel 1 (“C- Greenbrier Mall Complex”) is insufficient to meet the needs of the parking uses on the parcel and gives written notice of that finding to the owner of parcel #0280000000066; then the owner of parcel #0280000000066 or a subsequent parcel (e.g., the parcel on which the satellite wagering facility is located) shall construct a parking deck on the property on which the satellite wagering use is located. This parking deck shall be constructed at the applicant/owner’s own cost and expense, shall be subject to the review and approval of the Director of Development and Permits or designee, and shall be constructed within two (2) years of either: (1) the expiration or termination of the Mall Parking Agreement on its own terms or by other operation of the law; or (2) the date of the Director of Development and Permits’ written notice declaring that cooperative parking is insufficient to meet the parking needs of the site; as applicable. Upon construction of the parking deck, there shall be at least 1,250 parking spaces on parcel #0280000000066 or a subsequent parcel to serve the satellite wagering facility. The 1,250 parking spaces may be reached with a combination of parking deck and/or surface parking spaces.

c. Pedestrian …. The Preliminary Subdivision Plat for each Parcel shall show the

configuration of its walkways. Walkways shall conform generally to the Zone 5 Master Walkway Plan and generally shall be located in the common open space areas. They will be 4’ wide, with materials and construction as approved by the Public Works Department. Portions of the walkway system on public right-of-way shall be City maintained; all others will be maintained by the Greenbrier Homeowners Association. Walkways shall be installed on a section-by-section basis no later than 1 year after recordation of the first adjoining section.

d. Major Collectors (River Birch Run North, Eden Way North, and Greenbrier Parkway) ….

Rights-of-Ways to be as shown on Preliminary Subdivision Plat, with details of design to be approved by the Public Works Department. Walkways, where required, shall be constructed concurrent with development of adjacent property. No vehicular access whatsoever shall be provided from any individual residential lot onto any of those roads.

e. Prior to the issuance of any certificate of occupancy for a use on parcel #0280000000066 (The Zone), the applicant/owner shall re-stripe the southbound approach to the intersection of River Birch Run and Eden Way to create one exclusive left turn lane, one shared through/left turn lane, and one exclusive/channelized right turn lane, in accordance with a plan approved by the Director of Development and Permits or designee.

4. UTILITIES AND DRAINAGE:

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Construction plans for these facilities shall be approved by the Public Works and Public Utilities Departments as applicable. Easements, where required, shall be over lands of the Homeowners Association, not individual lots, except where otherwise approved by the Public Works and Public Utilities Departments. For parcel # 0280000000066 and all subsequent parcels, a subdivision plat may be approved provided that each lot is served by public water and sewer service meeting the requirements of the Director of Public Utilities or designee; provided that any waivers or modification shall conform with the requirements of Zoning Ordinance Section 11-802. Stormwater management for parcel # 0280000000066 and all subsequent parcels shall be provided regionally in the existing stormwater system for the Greenbrier Planned Unit Development as long as the requirements of Zoning Ordinance Section 11-802 are satisfied. Any stormwater upgrades necessary to accommodate The Zone shall be made in accordance with the requirements of the Director of Development and Permits or designee as set forth in Zoning Ordinance Section 11-802. The applicant/owner shall dedicate public utility easements and a parcel for a City-standard pump station to the City of Chesapeake. Further, the applicant/owner shall construct a water distribution system, City-standard pump station and sanitary force main in accordance with the PUD’s Master Utility Plan, at a minimum to serve parcel #0280000000066 or subsequent parcels. The dedicated parcel and utility easements shall be subject to the review and approval of the Director of Public Utilities or designee. Further, any unmanned public facilities buildings (to include the pump station) shall be subject to the review and approval of the Director of Public Utilities or designee, and shall meet the requirements of Section 13-1700, et seq. of the Chesapeake Zoning Ordinance, except that there shall not be a minimum road frontage requirement. The utility easements and pump station parcel shall be dedicated and the pump station, force main and other related utilities shall be constructed prior to the issuance of a certificate of occupancy.

5. BUILDING SIZE AND LOCATION:

A final site plan shall be prepared and approved by the Greenbrier Architectural Review Committee and the Chesapeake Planning Department prior to issuance of building permits for any building, outbuilding, addition, fence, dock, or any other structure requiring a building permit. The sole exception to this criteria shall be that the residential property designed and developed as GBM-02-01 Parcel 2A shall be by an independent Architectural Review Committee (“ARC”) as established by the developer. The ARC’s sole charge shall be to insure that the quality of development, the building design and the site plan shall be no less than the existing “Alta Bay” community located within the Washington Borough and further that the design shall be substantially similar to the attached elevations A and B both being labeled “Alta Bay Apartments” and dated August 2002.

GBM-02-01 Parcel 2A as is further identified on the Alta Cove at Greenbrier PUD Modification Exhibit Zone (5) Section (A) dated August 20, 2002, shall provide for maximum of 375 residential units. Amenities will include a clubhouse with a business center, an exercise facility, a swimming pool, and a sidewalk to be constructed along River Buirch Run, all being substantially completed before the issuance of a certificate of occupancy for the 375th unit. Also as to Parcel 2A, there shall be tree preservation to the greatest extent practicable given developer’s engineering and site planning requirements. As to the sidewalk, it shall be constructed in accordance with the standards and requirements of the City of Chesapeake Public Facilities Manual, as amended.

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February 3, 2020

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For all residential uses except where “L” is being developed under conventional R-10s zoning requirements, the requirement for a “site plan” hereunder shall mean a “block plan” showing the relationships of building one to another on the parcel. Requirements for this plan are shown on the attachment entitled “Greenbrier Site Plan Requirements.”

a. Setbacks (Residential Uses) …. Minimum setbacks shall be as follows: (1) Front: Minimum front setback shall be measured from right of way line of public

street or edge of traveled way of private drive, and shall not be less than 20’, except not less than 25’ in use category “L”. In use categories “LC” and denser, monotonous appearance shall be avoided by stagger or setback and/or offsets in front walls of structures.

(2) Rear: Minimum rear yard shall be 20’, except not less than 25’ in use category “L”.

(3) Side: Minimum distance between buildings for each use category shall be L, 15’; LC, 12’; LM, 15’; M(townhouse-type development), 15’; M(apartment-type development), 20’; H, 25’. In L, minimum side yard shall be 6’. In LC, one side yard shall be 6’ or greater. In all uses, where side yard adjoins a street or traveled way (“corner lot”), minimum yard shall be 15’.

(4) Outbuildings, to the extent permitted by Deed Restrictions, less than 100 square

feet in area shall have rear setbacks not less than 5’. Side yards for same, and side and rear yards for larger outbuildings, shall be the same as for principal buildings.

(5) No portion of a dwelling unit shall be located closer than 100’ to the right of way

for Interstate Route 64.

(6) Reductions in Yard Requirements… Appurtenances to the main structure (porches, chimneys, bay windows, attached outbuildings less than 50 square feet, and the like) may extend not more than 5’ into any required yard. A side or rear yard abutting a body of common open space at least 20’ wide may be reduced by 5’

b. Building Size (Residential Uses) …. No dwelling unit shall cover more than the

following area or percentage of its lot area: L—3,000 square feet or 30%; LC—2,000 square feet or 38%. In all uses the maximum extent of building coverage, and building and parking coverage shall be as set forth in the General Guides.”

c. Setbacks and Coverage (Commercial and Other Uses) …. Within any parcel designated for Commercial, Office, Religious Center, or similar use, coverage by buildings shall not exceed 45% of parcel area, nor shall coverage by buildings and parking areas (including drives) exceed 80%. Minimum setbacks from any street shall be 25’, except 40’ from any major collector street. Minimum side and rear yards shall be 10’. The foregoing shall not apply to parcel # 0280000000066 or any of its subsequent parcels.

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6. LOT AND PARCEL REQUIREMENTS:

The layout of the final subdivision plat or site plan shall be substantially the same as that of the Preliminary Subdivision Plan or Site Plan, except that the exact size and shape of individual lots or dwelling sites may be varied to suit the units of specific builders. Density (dwelling units divided by parcel area) and common open space as a percentage of parcel area shall be as set forth in the “General Guides.” The foregoing shall not apply to parcel # 0280000000066 and all subsequent parcels which shall be exempt from lot area, and lot frontage and width requirements set out in the Zoning Ordinance.

7. DEED RESTRICTIONS:

Any and all deed restrictions and Homeowners Association documents for this section will be reviewed by the Planning Department prior to final plat recordation.

8. AMENDMENT AND ENFORCEMENT: These Criteria may only be amended by City Council approval. These Development Criteria shall be interpreted, administered, and enforced in accordance with Articles 11 and 20 of the Chesapeake Zoning Ordinance. Notwithstanding anything to the contrary herein, a violation of any provision of the Development Criteria shall be considered a violation of the Chesapeake Zoning Ordinance and subject to all enforcement measures set out in Article 20 of the Zoning Ordinance.

ADOPTED by the Council of the City of Chesapeake, Virginia, the ____ day of ______, 2020.

APPROVED:

_____________________________________

Mayor

ATTEST:

_________________________________ City Clerk

APPROVED AS TO FORM:

_________________________________ Deputy City Attorney

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Chesapeake Planning Commission DRAFT February 12, 2020 Public Hearing Minutes

12. PLN-PUDM-2019-004

PROJECT: The Zone at Greenbrier Mall APPLICANT: Seritage SRC Finance LLC OWNER: Seritage SRC Finance LLC AGENT: Williams Mullen PROPOSAL: A modification to the Development Criteria for the

Greenbrier PUD, Zone A, to allow a satellite wagering facility and certain development standards necessary for the redevelopment of the Sears parcel at Greenbrier Mall.

PROPOSED COMP LAND USE / DENSITY: Regional Mixed Use EXISTING COMP LAND USE / DENSITY: Regional Mixed Use

LOCATION: 1401 Greenbrier Parkway TAX MAP SECTION/PARCEL: 0280000000066 BOROUGH: Washington

(This item has been approved for concurrent advertising and will be heard by City Council on February 18, 2020)

PLANNING COMMISSION RECOMMENDATION:

CONTINUANCE to the April 8, 2020 Public Hearing. (7 - 1; Deneau/Barlow, Gerloff opposed, Vice Chairman McCormick excused)

Mrs. Shaffer read PLN-PUDM-2019-004 into the record for Commission review and action.

Staff Presentation:

Mrs. Shaffer stated that based on the findings listed in the staff report, planning staff recommended that PLN-PUDM-2019-004 be DENIED. However, should the Planning Commission be inclined to recommend approval and should the City Council be inclined to approve the application, staff recommends that the Development Criteria dated February 3, 2020, be approved.

Proponent:

Grady Palmer, Williams Mullen, 999 Waterside Drive, Norfolk, Virginia, agent. Mr. Palmer provided handouts and described the history of the parcel and changing retail market. The owner has attempted to market the property as retail with no success. Although traffic conditions are bad, the application should be approved due to increased revenues to the tax base. The increased revenues could be used to pay for the needed traffic improvements.

Randy Royal, 4525 Main Street, Virginia Beach, Virginia, self. Mr. Royal recognized that the traffic is bad; however, improvements to the traffic conditions on Greenbrier Parkway needs to be addressed with a City capital projects. Mr. Royal addressed the parking reduction request and reasoning why it should be supported.

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Robert Ursuini, 500 5TH Avenue, New York, New York, applicant. Mr. Ursrsuini described Seritage LLC ownership history and marketing attempts to fill the Sears building. The Zone is a rehabilitation of the Sears building as well as new high end restaurants and hotel. Project is an $80 million investment that will add 500 jobs. Gaming tax will add $2 million to City’s revenues that could be used to pay for road improvements.

John Marshall, 12412 Northlake Place, Richmond, Virginia, representing Colonial Downs Group. Mr. Marshall stated the horse racing industry has changed over the years to its current format. Rosie’s target market for patrons is 55 and older women and the design of the facility is aligned with this target group. This project will be similar to the Rosie’s in Hampton, which has been very successful. Colonial Downs will support the agricultural industry and safe horse racing in Virginia.

Vincent Jordan, Rosie’s General Manager, 260 Marcella Road, Hampton, Virginia. Rosie’s generates hundreds of hours of community service. Also, Rosie’s are partners in the Hampton Business Improvement District.

Steven Moore, Uptown Alley, 6101 Brad McNeer Parkway, Midlothian, Virginia. Mr. Moore is willing to locate in Chesapeake due to Rosie’s locating here.

Louise Leeman, Rosie’s, Hampton, Virginia, self.

D.J. Lanier, Rosie’s, 4012 Lakeview Drive, Chesapeake, Virginia, self. Mr. Lanier stated that Rosie’s will provide high paying entry level jobs. Since he lives in Chesapeake, he would like to work for the Rosie’s in Chesapeake.

Kindra Kemp, 413 Reed Street, Hampton, Virginia, self. Ms. Kemp stated Rosie’s will be a positive addition to the community. It has provided scholarships for education, giving back to the community, and would like for it to be local.

Cody Green, 5820 Newtown Arch, Virginia Beach, Virginia, self. Mr. Green stated he enjoys working at Rosie’s in Hampton, but he would like to work at a location closer to his home.

Stella DaSilva, 608 Fairview Lane, Portsmouth, VA. Ms. DaSilva stated that Rosie’s is family-oriented, safe and provides high paying jobs.

Opponent:

Vic Nicholls, 1124 Mill Lake Quarter, Chesapeake, Virginia, self. Ms. Nicholls is opposed to the gaming industry locating in Chesapeake and traffic impacts.

Lisa Vickers, 1305 Masters Court, Chesapeake, Virginia, self. Ms. Vickers is concerned about the traffic impacts and a gambling facility locating in Greenbrier Mall and feels that other uses would be better. She requested the City study potential crime impacts, property value impacts and impacts on other businesses within the mall. Mrs. Vickers asked if another location would be better and feels that there was not enough public notification and involvement.

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COMMISSION DISCUSSION:

Commissioner Williams asked Mr. Marshall if there would be off-track betting within Rosie’s and would the existing facility located on Battlefield Boulevard remain open. Mr. Marshall replied “yes.” Mr. Williams asked how many stations are planned in the long term for the Rosie’s in Chesapeake to which Mr. Marshall replied 700.

Secretary Deneau is concerned about traffic impacts and proximity to nearby residential and schools. The parking reduction does not address needs for the entertainment component and she is concerned there will not be enough parking. Secretary Deneau asked Mr. Royal to address the proposed traffic improvements. Mr. Royal explained the re-striping proposed at the Eden Way intersection, but there is a need is for more lanes on Greenbrier Parkway.

Commissioner Steiner recognizes that traffic conditions in the area are bad, but the application will repurpose a vacant anchor in Greenbrier Mall a mall into an entertainment venue, which has been successful in other localities.

Commissioner Gerloff asked Mr. Tate if any road improvement projects for Greenbrier Parkway have been approved for construction. Mr. Tate replied that improvements are only in the planning stages.

Secretary Deneau moved that the item be continued for sixty days so that the applicant can provide more study regarding impacts on the communities in the immediate area, traffic impacts and community input. Commission Barlow seconded the motion.

Commissioner Williams stated that he has concerns with the parking reduction request and traffic impacts in the Greenbrier area. He supports the continuance to allow time for more study.

Commissioner Gerloff does not support the continuance and asked Mr. Palmer to address the community meetings held to date. Mr. Palmer replied that they met with the Greenbrier Property Owners Association and Emerald Greens civic league. Notices of the meetings were sent to the community at large. Businesses in Greenbrier Mall support the application. Mr. Palmer feels that the benefits outweigh the negative impacts.

Commissioner Barlow supports the continuance for additional community input that should include the apartment complexes in the area in addition to adjacent property owners.

Commissioner Gilbert stated that he lives in Emerald Greens and was unaware of the community meetings. Mr. Gilbert stated that he cannot support the application since it is not a good fit for Greenbrier.

Chairman Ellis stated that he is in support of the continuance.

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COMMISSION VOTE:

Commissioner Deneau moved that PLN-PUDM-2019-004 be CONTINUED to April 8, 2020. Commissioner Barlow seconded the motion. The motion was carried by a vote of 7 - 1. Commissioners Gerloff voted against the motion. Vice Chairman McCormick excused.

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City of Chesapeake Department of Planning

Post Office Box 15225 Chesapeake, VA 23328

(757) 382-6176 www.cityofchesapeake.net/planning

PLN-PUDM-2019-004 The Zone at Greenbrier Mall

Project Proposal: A modification to the Development Criteria for the Greenbrier PUD, Zone A, to allow a satellite wagering facility and certain development standards necessary for the redevelopment of the Sears parcel at Greenbrier Mall Proposed Land Use: Regional Mixed Use

Existing Zoning: Planned Unit Development

Tax Map ID: 0028-000-000-066 Existing 2035 Land Use Plan Designation: Regional Mixed Use

Property Address / Borough: 1401 Greenbrier Parkway/ Washington Borough Applicant/ Agent: Seritage SRC Finance LLC/Williams Mullen

Public Hearing Date: February 12, 2020 Staff Report Date: February 4, 2020

Property Owner(s): Seritage SRC Finance LLC

Project Planner: Karen Shaffer, AICP, Assistant Planning Director

STAFF RECOMMENDATION APPROVED APPROVED WITH PROFFER(S) CONTINUED DENIED

VICINITY MAP

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PLN-PUDM-2019-004 The Zone at Greenbrier Mall Page 2 of 12

FINDINGS:

1. Traffic on Greenbrier Parkway is saturated under existing conditions, and theadditional traffic associated with the proposed development nearly quadruples thedelays within the traffic impact analysis study area on Fridays and Saturdays. Theproposed PUD Modification will also cause the intersection of Greenbrier Parkwayand Crossways Boulevard and the intersection of Greenbrier Parkway and EdenWay to go from a Level of Service “E” to a Level of Service “F.” Under the adoptedPlanning and Land Use Policy, the rezoning fails the Level of Service test forroads.

2. The proposed PUD modification will repurpose a vacant mall anchor store andadjacent properties into an entertainment district with a satellite wagering facility,brewery, indoor recreation, restaurants and a hotel consistent with economicdevelopment goals contained in the 2035 Comprehensive Plan.

3. A reasonably viable economic use of the subject property exists under the currentzoning.

STAFF RECOMMENDATION:

Based on the findings contained in this staff report, staff recommends that PLN-PUDM-2019-004 be DENIED. However, should the Planning Commission be inclined to recommend approval and should the City Council be inclined to approve the application, staff recommends that the Development Criteria dated February 3, 2020, be approved.

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2035 LAND USE PLAN MAP

EXISTING ZONING MAP

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PROJECT DESCRIPTION:

The applicant seeks approval of a modification to the Greenbrier Planned Unit Development (PUD) Development Criteria for Section 5, Zone A to facilitate the redevelopment of the portion of Greenbrier Mall, formerly utilized by Sears department store, and its parking lot. The parcel is 15.23 acres in size and will be redeveloped as follows:

Location Use Size 1st Floor Sears Building Satellite Wagering Facility 78,500 s.f./700 positions 2nd Floor Sears Building Brewery/Indoor Recreation/

Entertainment 81,190 s.f.

Four new Outparcels Four Freestanding Restaurants 5,650 s.f., each; 22,600 s.f. total

New Outparcel 4-story Hotel 57,333 s.f./128 rooms

The satellite wagering facility located on the first floor of the former Sears building will consist of seven-hundred (700) historical horse racing (HHR) gaming stations, a 12,000 square foot restaurant and bar that seats 135 people, support space and storage. The hours of operation will be seven days a week from 8 AM to 2 AM, with peak hours between the hours of 8 PM and 12 AM Thursday - Saturday. There will be 200 employees.

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The entertainment complex located on the second floor of the former Sears building is planned to include a brewery, a high end bowling alley, and other indoor recreation. The hours of operation will be 8 AM to 2 AM.

Five new outparcels are proposed within the existing parking lot. Four outparcels will be for 5,650 square foot restaurants and the fifth for a 128 room, four-story hotel with a maximum height of 75 feet. Although it is intended that each outparcel be subdivided into its own lot, access, parking and utilities will be shared by all entities.

The applicant is requesting a 55.6% parking reduction from the 2,028 spaces required by the Chesapeake Zoning Ordinance to 900 spaces. According to a parking analysis provided by the applicant, it has been the experience of historical horseracing satellite wagering operators that the Chesapeake Zoning Ordinance requires significantly more parking than needed for satellite wagering facilities since one person typically uses more than one machine at a time. In addition, there is an operational agreement between Greenbrier Mall and the owner of parcel #0280000000066, i.e. Sears parcel, that preserves the use of parking and drive aisles for both entities. This operational agreement can be terminated by parties to the agreement and has an expiration date so it does not provide assurance of perpetual parking availability into the future. The parking analysis provided by the application also asserts that the peak hours of operation will be different between the retail operation of the Mall, which closes at 9 PM, and the satellite wagering facility and entertainment complex that have peak hours between 8 PM and 12 AM.

To respond to parking concerns, the applicant has agreed to include language in the Development Criteria stating that if the Director of Development and Permits determines that the cooperative parking among all of the uses at Greenbrier Mall is insufficient to meet the needs generated by the satellite wagering facility, then the Director may give

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written notice to the owner of the Sears parcel declaring such finding. The owner of the parcel shall then construct a parking deck so that the combined number of parking spaces provide by both surface parking and the parking deck are a minimum of 1,250 spaces.

To address utility infrastructure needs, the Development Criteria requires utility easements and a City pump station to provide water and sanitary sewer service for parcel #0280000000066 or any subsequent parcels that are subdivided from it.

To address traffic impacts, the applicant/owner shall re-stripe the southbound approach to the intersection of River Birch Run and Eden Way to create an exclusive left turn lane, one shared through/left turn lane and one exclusive/channelize right turn lane.

The original submittal included a proposal that would allow an increase in the allowable wall signage area that is five-times the amount of what is permitted under the Chesapeake Zoning Ordinance. However, Article 11 of the Zoning Ordinance limits signage within a PUD to the maximum allowed under the Zoning Ordinance; therefore, the request was removed. However, on January 8, 2020, City Council adopted a resolution directing the Planning Department to provide a study on signage within PUDs. If this study results in an amendment to the PUD ordinance to allow for increased signage in PUDs, language is included in the Development Criteria that increased signage would be automatically allowed per a Greenbrier PUD Sign Regulation supplement dated February 4, 1975.

BACKGROUND:

The property is zoned Planned Unit Development and is located within Zone 5, Section A of the Greenbrier PUD. The property has a land use designation of “Greenbrier Mall” which is synonymous with the B-2, General Business District. Greenbrier Mall opened in 1981, and the portion of the Mall subject to this application was used as the Sears anchor department store, until it closed in September 2018. The Sears building has remained vacant since its closing.

Under the current zoning, satellite wagering facilities, buildings taller than thirty-five (35) feet and establishments serving alcohol after 12 AM require conditional use permits. Rather than filing separate use permits, it was determined that a modification to the Greenbrier PUD Development Criteria would be preferred so that the redevelopment of the parcel, including parking reductions and infrastructure needs, could be reviewed and evaluated comprehensively.

The applicant’s proposal is a direct result of changes made to State law during the 2018 General Assembly Session, in conjunction with new regulations promulgated by the Virginia Racing Commission, which collectively authorized the expansion of Virginia’s pari-mutuel wagering laws to include “historical horse racing,” i.e., wagering on horse races that have already taken place worldwide. This type of wagering typically occurs through an electronic machine. These machines can allow for multiple, simultaneous bets. Of note, the legislation temporarily limited the number of historical horse racing wagering machines to 3,000 statewide, and limited localities with a population size of 120,000 or greater to 700 historical horse racing wagering machines. For this reason,

15


the Development Criteria caps the total number of betting machines to 700. This limitation on the number of historical horse racing machines also permits staff to more accurately measure impacts of the use, such as parking and traffic. HB 1609 also directed the Virginia Racing Commission, the licensing agency for horse racing, to establish additional regulations related to horse racing.

Per Executive Directive One (2018) from Virginia’s Executive Department, live horse racing has existed throughout the Commonwealth’s history and it is an important part of the economy. Chesapeake was a part of the horse racing industry until the Colonial Downs in Indian River and Deep Creek closed. These locations provided an indoor betting facility that allowed patrons to view live races on television screens. The Commonwealth no longer has live horse racing in the way it used to since racing ceased at Colonial Downs in New Kent County outside of Richmond. This proposal is a part of a statewide initiative to re-introduce live horse racing, which will take place at the New Kent County outdoor race track; as well as introduce pari-mutuel wagering of historical horse races at new satellite betting facilities across the Commonwealth. Thus far, those locations include: Hampton, Richmond, Chesapeake, and Town of Vinton in Roanoke County.

COMMENTS:

AGENCIES NOTIFIED RESPONSE REC’D DATE AGENCIES NOTIFIED RESPONSE REC’D DATE

D & P / Dev Eng January 10, 2020 Fire Prevention October 16, 2019

D & P / Zoning October 16, 2019 Police October 17, 2019

D & P / Landscape October 22, 2019 Public Utilities November 26, 2019

D & P / Code Enforce October 22, 2019 Economic Dev. No Comments Received comments are attached.

LEVEL OF SERVICE:

On March 21, 1995, the Chesapeake City Council adopted policies pertaining to acceptable level of service (LOS) standards focusing on three areas: (1) school needs; (2) road capacity; and (3) sewer capacity. Where the analysis of the rezoning application, whether a conventional or conditional rezoning, indicates that the public infrastructure is not sufficient to meet the needs that will be generated by the proposed development, then the application will be presumed to be untimely and inappropriate. The three areas, as they specifically apply to this application, are addressed below:

1. SCHOOL CAPACITY: This proposal is for non-residential development; therefore,there will be no impact on public schools.

16


2. ROAD CAPACITY:

TRAFFIC IMPACT

EXISTING CONDITIONS

EXISTING + OTHER

APPROVED1

EXISTING + OTHER

APPROVED+ THIS

PROJECT2

EXISTING + OTHER

APPROVED+ THIS PROJECT+ POTENTIAL

BACKGROUND3

EXISTING + OTHER

APPROVED+ POTENTIAL BY-RIGHT PROJECT4

Intersection: Greenbrier Parkway/ Jarman Rd

LOS (Delay) sec/veh

LOS (Delay) sec/veh

LOS (Delay) sec/veh

LOS (Delay) sec/veh LOS

(Delay) sec/veh

Thursday PM Peak F (130) F (107) F (198) F (199) F (165)

Friday PM Peak F (85) F (85) F (243) F (308) F (198)

Saturday Peak F (147) F (131) F (330) F (340) F (156)

TRAFFIC IMPACT

EXISTING CONDITIONS

EXISTING + OTHER

APPROVED1

EXISTING + OTHER

APPROVED+ THIS

PROJECT2

EXISTING + OTHER


BACKGROUND3

EXISTING + OTHER


Intersection: Greenbrier Parkway/ Crossways Blvd

LOS (Delay) sec/veh


(Delay) sec/veh


(Delay) sec/veh

Thursday PM Peak E (60) E (67) F (84) F (86) F (90)

Friday PM Peak E (56) E (58) F (136) F (131) F (100)

Saturday Peak F (94) F (111) F (181) F (163) F (170) 3.

TRAFFIC IMPACT

EXISTING CONDITIONS

EXISTING + OTHER

APPROVED1

EXISTING + OTHER

APPROVED+ THIS

PROJECT2

EXISTING + OTHER


BACKGROUND3

EXISTING + OTHER


Intersection: Greenbrier Parkway/ Eden Way

LOS (Delay) sec/veh

LOS (Delay) sec/veh

LOS (Delay) sec/veh


(Delay) sec/veh

Thursday PM Peak F (81) E (76) F (164) F (163) F (135)

Friday PM Peak E (74) E (72) F (265) F (276) F (156)

Saturday Peak F (107) F (110) F (372) F (332) F (225)

17


Footnotes on tables: 1 Other approved developments considered in this analysis include build-out of approved developments Greenbrier Mixed Use PUD – 133 apartment units (ITE code 220/estimated trip generation 974vpd), 151,090sf general office (ITE code 710/estimated trip generation 1,472vpd), 11,000sf restaurant (ITE code 932/estimated trip generation 1,234vpd), and 20,000sf retail (ITE code 210/estimated trip generation 755vpd), a total of 4,435vpd.

2 Site trip generation is based on the development of a 78,500sf casino/video lottery historical horse racing facility (ITE code 473/estimated trip generation 7,060vpd), 81,190sf entertainment space (ITE code 435/estimated trip generation 1,940vpd), 128-room hotel (ITE code 310/estimated trip generation 1,018vpd), 11,300sf high-turnover sit-down restaurant space (ITE code 932/estimated trip generation 1,268vpd), and 11,300sf quality restaurant space (ITE code 931/estimated trip generation 948vpd), a total of 11,622vpd. See note 1 on trip generation below. The analysis for this scenario includes signal timing optimization.

3 Potential background developments considered in this scenario include full build-out of the Greenbrier Mixed Use PUD – 855 apartment units (ITE code 220/estimated trip generation 6,259vpd), 75,000sf general office (ITE code 710/estimated trip generation 731vpd), 19,000sf restaurant (ITE code 932/estimated trip generation 2,131vpd), and 150,000sf retail (ITE code 210/estimated trip generation 5,663vpd), a total of 14,784vpd. The analysis for this scenario includes signal timing optimization.

4 An additional analysis scenario was developed to determine the impact that a potential by-right development on this site could have, in order to compare with the proposed development scenario. Site trip generation for the hypothetical by-right scenario is based on 150,000sf entertainment space (ITE code 435/estimated trip generation 3,580vpd), 4,500sf brewery (ITE code 925/estimated trip generation 340vpd), 8,000sf fast casual restaurant (ITE code 930/estimated trip generation 2,522vpd), 2,000sf coffee shop (ITE code 936/estimated trip generation 730vpd), 128-room hotel (ITE code 310/estimated trip generation 1,018vpd), 16,950 high-turnover sit-down restaurant (ITE code 932/estimated trip generation 1,902vpd),and (ITE code 931/estimated trip generation 948vpd), a total of 10,488vpd. The analysis for this scenario includes signal timing optimization.

3. SEWER CAPACITY:

Is the subject parcel(s) located within the Hampton Roads Sanitation District (HRSD) Sewer Service Area?

YES NO

STAFF ANALYSIS:

The property is designated as Regional Mixed Use on the 2035 Land Use Plan, and the redevelopment of the former Sears store and adjacent properties is consistent with this designation. Furthermore, the City’s adopted Comprehensive Plan has an Economy Objective 1, which states that, “the City will identify opportunities to expand its inventory of commercially-zoned property” and “will proactively support appropriate redevelopment and infill development opportunities.” The redevelopment of a vacant mall anchor store into an entertainment complex, restaurants and a hotel supports this Objective.

18


Regional shopping malls across the country have had to adapt to the changing retail market due to increased internet shopping and less shopping at “brick and mortar” establishments. Conversion of a former mall into an alternate land use, such as an entertainment district, is one way regional malls are responding to the changing market. The redevelopment of the former Sears building and parcel will serve to enhance the economy by invigorating a vacant large retail space with customers and employees.

However, the proposed redevelopment will generate approximately 1,200 more trips per day than maximum allowable by-right uses on an already saturated Greenbrier Parkway, which is a significant north/south arterial in the City. This additional traffic has strong potential to result in the regular extension of traffic onto Interstate 64 and nearly quadruples the already long delays within the traffic analysis study area on Fridays and Saturdays. The increased traffic from this development with traffic generated by already approved development will cause the Level of Service to fall from an “E” to an “F” at two signalized intersections: Greenbrier Parkway/Crossways Boulevard and Greenbrier Parkway/Eden Way. The other signalized intersection evaluated, Greenbrier Parkway/Jarman Road, is already at a Level of Service “F” with this application and others approved in the area. The Planning and Land Use Policy states that staff must recommend denial for all rezoning requests, including non-residential rezoning requests, that have a Level of Service “F;” however, in narrow circumstances, the City Council and Planning Commission may consider a Level of Service “F” to be acceptable for a non-residential rezoning request based on the finding that the proposed development will bring about substantial economic benefit.

To help address the road conditions, the applicant has proffered to re-stripe the southbound approach to the intersection of River Birch Run and Eden Way to create an exclusive left turn lane, one shared through/left turn lane and one exclusive/channelize right turn lane. This will not fully mitigate the project’s traffic impact, but will help to add capacity at this intersection.

This applicant is also requesting a substantial decrease in parking than what is required under the Zoning Ordinance, from 2,028 spaces to 900 spaces. In evaluating this request, staff relied upon parking generation models available through the Institute of Traffic Engineers (ITE), review of the multi-party operation agreement between the applicant/owner and Greenbrier Mall and observations through multiple visits to the Rosie’s in operation in Hampton, Virginia. The ITE parking generation models estimated that 1,098 spaces would be needed for weekdays and 1,490 spaces would be needed for Saturdays. These results do not consider possible reductions for cooperative parking between the entertainment establishment and the Mall, nor does it consider different peak hours for the land uses. As indicated in the multi-party agreement, parking shall be provided at a ratio of 1/1,000 square feet, or 1/200. By using this ratio for the proposed redevelopment, 1,198 spaces would be needed. Finally, staff visited the Rosie’s location in Hampton at different days of the week and at different times, including a visit during Saturday night peak hours, and observed that the parking lot for Rosie’s was full, or nearly full, on all occasions; however, limited parking was available on the outer fringes of the parking lot that also serves multiple users including a wholesale club, a home improvement store, an outdoor store and several restaurants.

19


Based on this data and the applicant’s parking analysis that includes credits for cooperative parking and different peak hours of land uses, staff determined that a minimum of 1,000 spaces should be provided. The applicant was averse to providing 1,000 parking spaces as it claimed that number of parking spaces would eliminate two of the four restaurant outparcels as that area would need to be used for additional parking instead. In the alternative, the applicant added the following language to the Development Criteria:

The applicant/owner agrees that if either (1) the Mall Parking Agreement expires, is terminated or is otherwise no longer in legal effect and a satellite wagering facility is operating on parcel #0280000000066 or a subsequent parcel; or (2) the Director of Development and Permits determines that cooperative parking among the uses within Parcel 1 (“C- Greenbrier Mall Complex”) is insufficient to meet the needs of the parking uses on the parcel and gives written notice of that finding to the owner of parcel #0280000000066; then the owner of parcel #0280000000066 or a subsequent parcel (e.g., the parcel on which the satellite wagering facility is located) shall construct a parking deck on the property on which the satellite wagering use is located. This parking deck shall be constructed at the applicant/owner’s own cost and expense, shall be subject to the review and approval of the Director of Development and Permits or designee, and shall be constructed within two (2) years of either: (1) the expiration or termination of the Mall Parking Agreement on its own terms or by other operation of the law; or (2) the date of the Director of Development and Permits’ written notice declaring that cooperative parking is insufficient to meet the parking needs of the site; as applicable. Upon construction of the parking deck, there shall be at least 1,250 parking spaces on parcel #0280000000066 or a subsequent parcel to serve the satellite wagering facility. The 1,250 parking spaces may be reached with a combination of parking deck and/or surface parking spaces.

With this additional requirement, staff’s concerns regarding the adequacy of parking have been addressed.

It should be noted that the multi-party agreement also contains a term that the location of buildings on the Sears parcel and the Mall parcel are limited only to the building footprint of the Mall with no additional development within the parking areas. Therefore, the proposed outparcels and hotel would not be consistent with this term of the agreement. However, the agreement is a private matter that is not enforced by the City and can be changed at any time by the parties without approval by the City.

20


KS:bh

cc: Jimmy McNamara, Current Planning Administrator

ATTACHMENTS:

1. Department Reviewing Comments.

2. D & P / Dev Eng, dated January 10, 2020.

3. Approved/Pending Rezoning applications w/in 1 mile radius of project site in the past2 years

4. Fiscal Impact Analysis, dated February 4, 2020.5. The Zone Site Exhibit, dated October 17, 2019.6. Greenbrier PUD Zone 5, Section A Development Criteria, dated February 3, 2020.7. Parking Reduction Evaluation, dated December 6, 2019.8. Multi-Party Agreement, dated June 16, 1980.9. Greenbrier Sign Supplement, dated February 5, 1975.10. 2016 Aerial Map.

$0

$5,000

$10,000

$15,000

$20,000

$25,000

$7,216

$13,537

$20,753

FIA: Cumulative Net Surplus/Deficit Over 20 Years

City of Chesapeake School Board Combined

21

City of Chesapeake Department of Planning

Post Office Box 15225 Chesapeake, VA 23328

(757) 382-6176 www.cityofchesapeake.net/planning

DEPARTMENTAL REVIEWING COMMENTS

DEVELOPMENT & PERMITS:

LANDSCAPING: PROVIDED ON October 22, 2019Advisory:

At final site plan, a Landscape Plan will be required, per Sec. 19-600 of the CZO.

The landscape plan shall illustrate enhance landscaping throughout the existing

ZONING: PROVIDED ON October 22, 2019

No Comments.

BUILDING: PROVIDED ON October 22, 2019

No Comments.

PUBLIC UTILITIES: PROVIDED ON NOVEMBER 26, 2019 Advisory:

City water is available and required. Water is located in the easement that runs through the subject property.

City sewer is not available but required. Public Utilities' policy will require a City standard public pump station to serve the proposed development. In addition, the City pump station is not to "piggyback" by connecting to an existing public gravity sewer. It is to tie to the existing Greenbrier Parkway force main using a tee and in-line valve. The pump station service area, location, and type of pump station are to be coordinated and approved by the Department of Public Utilities.

Each premises requires its own connection to public water and sewer (individual water meters and sewer clean outs). Installation of public utilities is required.

Final determination as to whether adequate water or sewer service is available can only be made at the time the water or sewer connection fees are paid and accepted by the City and the building permits are requested.

A backflow preventer is to be installed on all water systems before any takeoffs are made and in accordance with the manufacturer's recommendations, the International Plumbing Code requirements, and Department of Public Utilities policy. The backflow preventer is to be installed, tested by a DPOR certified technician, and documentation received by Public Utilities prior to a Certificate of Occupancy.

22

City of Chesapeake

Department of Planning Post Office Box 15225

Chesapeake, VA 23328 (757) 382-6176

www.cityofchesapeake.net/planning

Page 2 of 2

POLICE: PROVIDED ON OCTOBER 17, 2019

There are no regulatory comments for the applicant’s modification to the Development Criteria for the Greenbrier PUD to allow a satellite wagering facility and redevelopment of the Sears parcel at Greenbrier Mall.

FIRE: PROVIDED ON OCTOBER 8, 2019 Advisory:

Fire has no issue with the PUD modification to permit the proposed use. The following advisory comments will be applicable during the final site plan and construction phase to address emergency access, water demand sufficient for fire fighting and associated fire equipment and appurtenances, as well as fire protection systems such as fire sprinklers, fire alarms and other systems as may be required by the Building Code Official. A Fire Code Operational permit is also required to ensure compliance with fire and life safety in accordance with the Fire Code and can be issued during the field fire inspection for certificate of occupancy.

23

City of Chesapeake

Department of Development and Permits 306 Cedar Road

Chesapeake, Virginia 23322 (757) 382-6101

MEMORANDUM

TO: Karen Shaffer, Assistant Director, Planning Department FROM: J.B. Tate, P.E., Director of Development and Permits DATE: January 10, 2020 SUBJECT: APPLICATION REVIEW COMMITTEE

PLN-PUDM-2019-004 - The Zone at Greenbrier Mall

PROPOSAL: A modification to the Development Criteria for the Greenbrier PUD, Zone A, to allow a satellite wagering facility (Rosie’s) and certain development standards necessary for the redevelopment of the Sears parcel at Greenbrier Mall.

LOCATION: 1401 Greenbrier Parkway TAX MAP SECTION/PARCEL(S): 0280000000066 The following comments pertain to the application/plan stamp dated October 3, 2019 and subsequent submittals: Development Engineering Comments: See City Traffic Engineer comments below LEVEL OF SERVICE

TRAFFIC IMPACT

EXISTING CONDITIONS

EXISTING + OTHER

APPROVED1

EXISTING + OTHER

APPROVED+ THIS

PROJECT2

EXISTING + OTHER

APPROVED+ THIS PROJECT

+ POTENTIAL BACKGROUND3

EXISTING + OTHER


Intersection: Greenbrier Parkway/Jarman Rd

LOS (Delay) sec/veh

LOS (Delay) sec/veh

LOS (Delay) sec/veh

LOS (Delay) sec/veh

LOS (Delay) sec/veh

Thursday PM Peak F (130) F (107) F (198) F (199) F (165) Friday PM Peak F (85) F (85) F (243) F (308) F (198) Saturday Peak F (147) F (131) F (330) F (340) F (156)

24

TRAFFIC IMPACT

EXISTING CONDITIONS

EXISTING + OTHER

APPROVED1

EXISTING + OTHER

APPROVED+ THIS

PROJECT2

EXISTING + OTHER



EXISTING + OTHER


Intersection: Greenbrier Parkway/Crossways Blvd

LOS (Delay) sec/veh

LOS (Delay) sec/veh

LOS (Delay) sec/veh

LOS (Delay) sec/veh

LOS (Delay) sec/veh

Thursday PM Peak E (60) E (67) F (84) F (86) F (90) Friday PM Peak E (56) E (58) F (136) F (131) F (100) Saturday Peak F (94) F (111) F (181) F (163) F (170)

TRAFFIC IMPACT

EXISTING CONDITIONS

EXISTING + OTHER

APPROVED1

EXISTING + OTHER

APPROVED+ THIS

PROJECT2

EXISTING + OTHER



EXISTING + OTHER


Intersection: Greenbrier Parkway/Eden Way

LOS (Delay) sec/veh

LOS (Delay) sec/veh

LOS (Delay) sec/veh

LOS (Delay) sec/veh

LOS (Delay) sec/veh

Thursday PM Peak F (81) E (76) F (164) F (163) F (135) Friday PM Peak E (74) E (72) F (265) F (276) F (156) Saturday Peak F (107) F (110) F (372) F (332) F (225)

Footnotes on tables: 1 Other approved developments considered in this analysis include build-out of approved developments Greenbrier Mixed Use PUD – 133 apartment units (ITE code 220/estimated trip generation 974vpd), 151,090sf general office (ITE code 710/estimated trip generation 1,472vpd), 11,000sf restaurant (ITE code 932/estimated trip generation 1,234vpd), and 20,000sf retail (ITE code 210/estimated trip generation 755vpd), a total of 4,435vpd. 2 Site trip generation is based on the development of a 78,500sf casino/video lottery historical horse racing facility (ITE code 473/estimated trip generation 7,060vpd), 81,190sf entertainment space (ITE code 435/estimated trip generation 1,940vpd), 128-room hotel (ITE code 310/estimated trip generation 1,018vpd), 11,300sf high-turnover sit-down restaurant space (ITE code 932/estimated trip generation 1,268vpd), and 11,300sf quality restaurant space (ITE code 931/estimated trip generation 948vpd), a total of 11,622vpd. See note 1 on trip generation below. The analysis for this scenario includes signal timing optimization. 3 Potential background developments considered in this scenario include full build-out of the Greenbrier Mixed Use PUD – 855 apartment units (ITE code 220/estimated trip generation 6,259vpd), 75,000sf general office (ITE code 710/estimated trip generation 731vpd), 19,000sf restaurant (ITE code 932/estimated trip generation 2,131vpd), and 150,000sf retail (ITE code 210/estimated trip generation 5,663vpd), a total of 14,784vpd. The analysis for this scenario includes signal timing optimization. 4 An additional analysis scenario was developed to determine the impact that a potential by-right development on this site could have, in order to compare with the proposed development scenario. Site trip generation for the hypothetical by-right scenario is based on 150,000sf entertainment space (ITE code 435/estimated trip generation 3,580vpd), 4,500sf brewery (ITE code 925/estimated trip generation 340vpd), 8,000sf fast casual restaurant (ITE code 930/estimated trip generation 2,522vpd), 2,000sf coffee shop (ITE code 936/estimated trip generation 730vpd), 128-room hotel (ITE code 310/estimated trip generation 1,018vpd), 16,950 high-turnover sit-down restaurant (ITE code 932/estimated trip generation 1,902vpd),and (ITE code 931/estimated trip generation 948vpd), a total of 10,488vpd. The analysis for this scenario includes signal timing optimization.

TRAFFIC ENGINEERING ADVISORY NOTES: 1. ITE data available for the casino/video lottery land use (code 473) of the development is

limited. The sample size for the data is small, with the sites studied being much smaller than the facility proposed in this development. Recognizing these limitations, Traffic Engineering had several discussions with the consultant to determine the most appropriate trip generation methodology. It was concluded that the preferred methodology would be to base the trip generation on the full square footage of the site, as the other suggested methodology to break out and sum up the various components of the casino facility (gaming positions, restaurant

25

space, storage and administrative space, etc.) only accounted for approximately 50% of the total square footage of the site.

Trip generation for both methods was presented in the TIA, with the gaming positions/seating methodology resulting in about half the trips of the total square footage methodology. Traffic Engineering understands that although there is a difference in trip generation estimates, it is preferred to use the more conservative numbers, especially since Greenbrier Pkwy is one of the most critical corridors within the City. Thus, the analysis presented in the LOS chart above includes the more conservative, higher-end trip generation for the site. The TIA includes impacts from both trip generation scenarios.

Section 3.3.2 of the TIA includes supplemental attendance data for the satellite wagering facility provided by the user for a similar site, which was used to support the lower trip generation numbers. However, the data presented only quantifies the number of people actively using a gaming position at a given time of day. This does not take into account others who may be accompanying another person playing a game, employees, or others eating or drinking around the game area, nor does it indicate how long guests spend at the facility. Trip generation occurs over an entire hour, and includes both entry and exit over the hour, whereas the data includes only current active gamers at a point in time. This data does not directly translate to vehicular trip generation. Traffic Engineering is reluctant to rely on this data in relation to vehicular trip generation because, while extensive, it does not truly capture the characteristics of the vehicular demand.

2. The level of service and delay results show that although Greenbrier Parkway is saturated

even under existing conditions, the addition of traffic associated with the proposed development nearly quadruples the already long delays within the study area for Fridays and Saturdays, Lower-end estimates for the site generation show about 2.5 times the existing delays.

3. Average southbound queues are expected to regularly extend onto the interstate as well as

along Greenbrier Parkway to beyond Woodlake Drive in the Build condition. Maximum southbound queues are beyond the limits of the models on the interstate as well as on Greenbrier Pkwy. Northbound average queues are expected to extend at least 1/3 mile beyond Volvo Pkwy in the Build condition, with maximum northbound queues beyond the limits of the models.

4. The peak hour delay for the proposed development is approximately 50% higher than the

expected delay on Fridays and Saturdays if the site were developed according to the maximum allowable by-right uses (the proposed development generates approximately 1,200 more trips per day than would be allowed by-right, with over 500 of those trips added during the PM peak hour).

5. Limited geometric improvements were proposed in the TIA to mitigate impacts of the

development: the addition of a southbound left turn bay at the intersection of River Birch Run and Eden Way behind the mall. No geometric improvements were proposed on Greenbrier Pkwy. Signal timing adjustments, pavement markings, and or/signage were proposed at the other intersections. Delays shown in the tables account for signal timing modifications. The proposed improvements do not adequately address the significant increases in delays and queuing as a result of the proposed development.

26

6. The City suggests that the developer coordinate with HRT to install an HRT bus stop to provide an alternative method of transportation for both employees and patrons of the development.

7. The table below summarizes the overall impact of the proposed development on the

Greenbrier Parkway traffic model study area (Greenbrier Pkwy from Woodlake to Volvo Pkwy, cross-streets, I-64 ramps, River Birch Run, and Mall Ring Road). This table is provided to show overall study area operations because queuing extends beyond the results captured at intersections.

27

OVERALL MODEL NETWORK RESULTS

TRAFFIC IMPACT

EXISTING CONDITIONS

EXISTING + OTHER

APPROVED

EXISTING + OTHER

APPROVED+ THIS

PROJECT

EXISTING + OTHER


+ POTENTIAL BACKGROUND

EXISTING + OTHER

APPROVED+ POTENTIAL BY-RIGHT PROJECT

Thu

rsda

y PM

Average Delay (min/veh)* 4.3 4.2 10.2 11.5 8.8

Percentage of Vehicles Denied

Entry into Network**

2% 2% 15% 16% 11%

Frid

ay P

M Average Delay

(min/veh)* 3.5 3.5 14.1 15.2 9.7



<1% <1% 23% 25% 15%

Satu

rday

PM

Average Delay (min/veh)* 4.7 5.6 18.1 17.6 12.1



3% 3% 32% 31% 17%

Wee

kday

s

Average Southbound

Queue Extends to Woodlake Dr

- - ✓ ✓ ✓

Average Southbound

Queue Extends onto I-64 WB

- - ✓ ✓ ✓

Average Southbound

Queue Extends onto I-64 EB

- - ✓ ✓ ✓

Average Northbound

Queue Extends to Professional

Place

✓ ✓ ✓ ✓ -

*Average Delay is the average delay per vehicle within the entire model study area, including Greenbrier Pkwy and its cross-streets, I-64 ramps, River Birch Run, and Mall Ring Rd **Percentage of vehicles that are not able to enter the model network due to congestion extending to the model limits Note that the table identifies the average queue over the peak hour, and not the maximum queues.

28

APPLICATION # PROJECT NAME UNITS BUILT FINALAPPROPLN-PUDM-2019-004 The Zone at Greenbrier Mall 0 Pending

PLN-PUDM-2018-004 P&M Pet Services 0 0 ApprovedPLN-REZ-2018-012 Knell's Ridge Group Housing 151 0 ApprovedPLN-REZ-2018-020 Kinley Square at Greenbrier 20 0 ApprovedPLN-SITE-2018-005 Fieldstone at College Park 188 0 ApprovedPLN-SITE-2019-002 Summit Pointe 133 0 ApprovedPLN-SITE-2019-008 Kinley Square at Greenbrier 20 0 ApprovedPLN-SITE-2019-017 Summit Pointe Block 3 275 0 ApprovedPLN-SUB-2017-006 Providence Terrace 73 0 ApprovedPLN-USE-2018-003 MB Motorsports Auto Service 0 0 ApprovedPLN-USE-2018-008 Xtreme Auto & Truck Sales 0 0 ApprovedPLN-USE-2018-033 Knell's Ridge Group Housing 0 0 ApprovedPLN-USE-2018-035 Peebles Golf Cars 0 0 ApprovedPLN-USE-2018-036 Loizou Day Care 0 0 ApprovedPLN-USE-2018-047 The Ruff House Stay & Play 0 0 ApprovedPLN-USE-2019-003 Valvoline Instant Oil Change 0 0 ApprovedPLN-USE-2019-042 C & A's Wine and Spirits 0 0 ApprovedDEV-SUB-2019-111 The Zone at Greenbrier Mall 0 0 PendingPLN-REZ-2019-023 Knell's Ridge Group Housing 141 0 PendingPLN-REZ-2019-028 220 Rainbow Lane Rezoning 154 0 PendingPLN-USE-2018-024 Potter Communication Site 0 0 PendingPLN-USE-2019-054 Enterprise Leasing Co 0 0 PendingPLN-USE-2019-056 220 Rainbow Lane Height Except 0 0 PendingPLN-USE-2019-057 Debaun Ave Bldg Height Except 0 0 PendingPLN-USE-2019-064 Green Clean Auto Wash 0 0 Pending

R(C)-12-18 Catalina Crossing 140 0 ApprovedR(C)-13-06 Hadley Park at Greenbrier 92 0 ApprovedR-10-11 Chesapeake Regional Apartments 60 0 ApprovedSP-10-01 Fenwyck Chase 144 144 ApprovedSP-10-02 Fenwyck Manor 144 144 ApprovedSP-11-02 The Carlton at Greenbrier 176 176 ApprovedSP-11-04 Herons Landing 60 60 ApprovedSP-14-01 Ivystone Apartments 82 82 Approved

Approved and Pending Applications from January 2018 - 2020

Approved and Pending Applications with 50+ lots January 2010 - December 2017

30

February 3, 2020

1

DEVELOPMENT CRITERIA GREENBRIER, ZONE 5, SECTION A

1. GENERAL: These Criteria provide more specific guidelines for the development of Section A of Zone 5 than “The Greenbrier Planned Unit Development General Guides and Standards,” a copy of which is attached and made a part hereof. Reference to them may be made subsequently as the “General Guides” for short. Special designs may permit deviation from these Criteria. However, any such variance shall be expressly noted on the Preliminary Site Plan or Subdivision Plan, e.g., “Minimum rear yard = 15’ (vs. 20’ in Dev. Crit.)”, and shall be granted only by the express approval of the Planning Commission. These Criteria shall govern parcels given Preliminary Plan approval on or after July 27, 1983.

2. USES: Section A is comprised of commercial and residential land uses along the west and north sides of River Birch Run North. Listed below are the Parcels in this Section, along with their land use categories:

Parcel Name Use Category

1 Greenbrier Mall C – Commercial (Regional Shopping)

2 _______ B – Business/Office

3 _______ M – Medium Density Residential

4 Woodgate Commons LM – Low/Medium Density Residential

Permitted Uses in Parcel 1 (“C – Greenbrier Mall Complex) shall be the regional mall itself and those office, retail commercial and related uses noted in the O & I, B-1 and B-4 Districts described in the Chesapeake Zoning Ordinance. Approximately 23.9 acres of Parcel 2 is planned as a major office building complex, O&I, B-1, B-2, or other approved use requiring major highway visual exposure and excellent vehicular access and approximately 25 acres of Parcel 2 is planned as Medium 8-15 UN/AC. Two-story or three-story garden apartments or a similar use is anticipated for Parcel 3. Parcel 4 (Woodgate Commons) is planned as a Low/Medium Density neighborhood featuring townhomes for sale oriented around a major open space element.

The Zone at Greenbrier Mall (“The Zone”):

The Zone is intended to be an entertainment-oriented development located on parcel #0280000000066, which is within parcel 1 (“C- Greenbrier Mall Complex”). It is expected that parcel # 0280000000066 may be subdivided into individual lots for separate uses in the future, which hereinafter will be referred to as “subsequent parcels.”

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For parcel # 0280000000066 and all subsequent parcels, the following uses shall be permitted and regulations shall apply:

a. Breweries shall be permitted and shall not be subject to the restrictions on production activities set out in Section 7-402.D of the Chesapeake Zoning Ordinance.

b. One satellite (pari-mutuel) wagering facility shall be permitted, notwithstanding the restrictions set out in Section 7-601.C.40 of the Chesapeake Zoning Ordinance. The satellite wagering facility shall be permitted up to seven hundred (700) historical horse racing terminals in accordance with applicable laws and regulations.

c. Hotels with a maximum building height of 75 feet, notwithstanding the requirements set forth in Section 7-402.A.6 of the Chesapeake Zoning Ordinance.

d. Eating and drinking places shall be permitted to sell alcoholic beverages for onsite consumption until 2:00 am regardless of the distance to adjacent uses.

e. Development standards: Unless otherwise provided herein the development standards for the B-2 General Commercial District shall govern all plats and site plans for The Zone.

f. Exterior signs within the Zone shall comply with the requirements of the Chesapeake Zoning Ordinance pursuant to Section 11-803; provided that, if the Zoning Ordinance is subsequently amended to allow PUDs to deviate from Zoning Ordinance requirements, then exterior signs in The Zone shall comply with the regulations contained in the Greenbrier Sign Ordinance (Sign Regulation Supplement) dated February 4, 1975.

3. ACCESS AND CIRCULATION a. Vehicular …. As shown on the Master Land Use Plan, primary vehicular access is provided

by River Birch Run North, Eden Way North, and Greenbrier Parkway. Points of access to these collectors shall be as shown on the approved construction plans. Public streets shall conform to the requirements of Chesapeake’s Subdivision Ordinance and Standards and Criteria. Private streets and drive aisles shall be not less than 22’ wide for and two2-way traffic or 16’ for one-way.; provided that all drive aisles within parcel #0280000000066 and all subsequent parcels shall be a minimum of 24’ in width, or 26’ where required by the Fire Chief or designee.

b. Parking …. Not less than 2.0 parking spaces per dwelling unit shall be provided in residential use parcels, except that apartment uses may have a ratio not less than 1.75, and 2.0:1 or better ratio and guest parking provisions are desirable. Recreational vehicles such as boats, motor homes, etc. may be parked only in any areas expressly designated for same on the approved Site Plan or Subdivision Plan. Parking for uses other than residential shall be as set forth in the Chesapeake Zoning Ordinance. For parcel #0280000000066 and all subsequent parcels, notwithstanding Section 19-411.B.32 of the Chesapeake Zoning Ordinance, the satellite wagering facility shall be required to provide one (1) space for every one-hundred (100) square feet of gross floor area with a minimum of at least nine hundred (900) spaces located on the parcel on which the satellite wagering facility operates. Further, notwithstanding Sections 19-404 and 19-405 of the Chesapeake Zoning Ordinance, parking for the satellite wagering facility use shall be provided

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cooperatively among the uses within Parcel 1 (“C- Greenbrier Mall Complex”) pursuant to the Multi-Party Development and Operating Agreement for Greenbrier Mall (“Mall Parking Agreement”) dated October 28th, 1980, as amended. The applicant/owner agrees that if either (1) the Mall Parking Agreement expires, is terminated or is otherwise no longer in legal effect and a satellite wagering facility is operating on parcel #0280000000066 or a subsequent parcel; or (2) the Director of Development and Permits determines that cooperative parking among the uses within Parcel 1 (“C- Greenbrier Mall Complex”) is insufficient to meet the needs of the parking uses on the parcel and gives written notice of that finding to the owner of parcel #0280000000066; then the owner of parcel #0280000000066 or a subsequent parcel (e.g., the parcel on which the satellite wagering facility is located) shall construct a parking deck on the property on which the satellite wagering use is located. This parking deck shall be constructed at the applicant/owner’s own cost and expense, shall be subject to the review and approval of the Director of Development and Permits or designee, and shall be constructed within two (2) years of either: (1) the expiration or termination of the Mall Parking Agreement on its own terms or by other operation of the law; or (2) the date of the Director of Development and Permits’ written notice declaring that cooperative parking is insufficient to meet the parking needs of the site; as applicable. Upon construction of the parking deck, there shall be at least 1,250 parking spaces on parcel #0280000000066 or a subsequent parcel to serve the satellite wagering facility. The 1,250 parking spaces may be reached with a combination of parking deck and/or surface parking spaces.

c. Pedestrian …. The Preliminary Subdivision Plat for each Parcel shall show the

configuration of its walkways. Walkways shall conform generally to the Zone 5 Master Walkway Plan and generally shall be located in the common open space areas. They will be 4’ wide, with materials and construction as approved by the Public Works Department. Portions of the walkway system on public right-of-way shall be City maintained; all others will be maintained by the Greenbrier Homeowners Association. Walkways shall be installed on a section-by-section basis no later than 1 year after recordation of the first adjoining section.

d. Major Collectors (River Birch Run North, Eden Way North, and Greenbrier Parkway) ….

Rights-of-Ways to be as shown on Preliminary Subdivision Plat, with details of design to be approved by the Public Works Department. Walkways, where required, shall be constructed concurrent with development of adjacent property. No vehicular access whatsoever shall be provided from any individual residential lot onto any of those roads.

e. Prior to the issuance of any certificate of occupancy for a use on parcel #0280000000066 (The Zone), the applicant/owner shall re-stripe the southbound approach to the intersection of River Birch Run and Eden Way to create one exclusive left turn lane, one shared through/left turn lane, and one exclusive/channelized right turn lane, in accordance with a plan approved by the Director of Development and Permits or designee.

4. UTILITIES AND DRAINAGE:

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Construction plans for these facilities shall be approved by the Public Works and Public Utilities Departments as applicable. Easements, where required, shall be over lands of the Homeowners Association, not individual lots, except where otherwise approved by the Public Works and Public Utilities Departments. For parcel # 0280000000066 and all subsequent parcels, a subdivision plat may be approved provided that each lot is served by public water and sewer service meeting the requirements of the Director of Public Utilities or designee; provided that any waivers or modification shall conform with the requirements of Zoning Ordinance Section 11-802. Stormwater management for parcel # 0280000000066 and all subsequent parcels shall be provided regionally in the existing stormwater system for the Greenbrier Planned Unit Development as long as the requirements of Zoning Ordinance Section 11-802 are satisfied. Any stormwater upgrades necessary to accommodate The Zone shall be made in accordance with the requirements of the Director of Development and Permits or designee as set forth in Zoning Ordinance Section 11-802. The applicant/owner shall dedicate public utility easements and a parcel for a City-standard pump station to the City of Chesapeake. Further, the applicant/owner shall construct a water distribution system, City-standard pump station and sanitary force main in accordance with the PUD’s Master Utility Plan, at a minimum to serve parcel #0280000000066 or subsequent parcels. The dedicated parcel and utility easements shall be subject to the review and approval of the Director of Public Utilities or designee. Further, any unmanned public facilities buildings (to include the pump station) shall be subject to the review and approval of the Director of Public Utilities or designee, and shall meet the requirements of Section 13-1700, et seq. of the Chesapeake Zoning Ordinance, except that there shall not be a minimum road frontage requirement. The utility easements and pump station parcel shall be dedicated and the pump station, force main and other related utilities shall be constructed prior to the issuance of a certificate of occupancy.

5. BUILDING SIZE AND LOCATION:

A final site plan shall be prepared and approved by the Greenbrier Architectural Review Committee and the Chesapeake Planning Department prior to issuance of building permits for any building, outbuilding, addition, fence, dock, or any other structure requiring a building permit. The sole exception to this criteria shall be that the residential property designed and developed as GBM-02-01 Parcel 2A shall be by an independent Architectural Review Committee (“ARC”) as established by the developer. The ARC’s sole charge shall be to insure that the quality of development, the building design and the site plan shall be no less than the existing “Alta Bay” community located within the Washington Borough and further that the design shall be substantially similar to the attached elevations A and B both being labeled “Alta Bay Apartments” and dated August 2002.

GBM-02-01 Parcel 2A as is further identified on the Alta Cove at Greenbrier PUD Modification Exhibit Zone (5) Section (A) dated August 20, 2002, shall provide for maximum of 375 residential units. Amenities will include a clubhouse with a business center, an exercise facility, a swimming pool, and a sidewalk to be constructed along River Buirch Run, all being substantially completed before the issuance of a certificate of occupancy for the 375th unit. Also as to Parcel 2A, there shall be tree preservation to the greatest extent practicable given developer’s engineering and site planning requirements. As to the sidewalk, it shall be constructed in accordance with the standards and requirements of the City of Chesapeake Public Facilities Manual, as amended.

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For all residential uses except where “L” is being developed under conventional R-10s zoning requirements, the requirement for a “site plan” hereunder shall mean a “block plan” showing the relationships of building one to another on the parcel. Requirements for this plan are shown on the attachment entitled “Greenbrier Site Plan Requirements.”

a. Setbacks (Residential Uses) …. Minimum setbacks shall be as follows: (1) Front: Minimum front setback shall be measured from right of way line of public

street or edge of traveled way of private drive, and shall not be less than 20’, except not less than 25’ in use category “L”. In use categories “LC” and denser, monotonous appearance shall be avoided by stagger or setback and/or offsets in front walls of structures.

(2) Rear: Minimum rear yard shall be 20’, except not less than 25’ in use category “L”.

(3) Side: Minimum distance between buildings for each use category shall be L, 15’; LC, 12’; LM, 15’; M(townhouse-type development), 15’; M(apartment-type development), 20’; H, 25’. In L, minimum side yard shall be 6’. In LC, one side yard shall be 6’ or greater. In all uses, where side yard adjoins a street or traveled way (“corner lot”), minimum yard shall be 15’.

(4) Outbuildings, to the extent permitted by Deed Restrictions, less than 100 square

feet in area shall have rear setbacks not less than 5’. Side yards for same, and side and rear yards for larger outbuildings, shall be the same as for principal buildings.

(5) No portion of a dwelling unit shall be located closer than 100’ to the right of way

for Interstate Route 64.

(6) Reductions in Yard Requirements… Appurtenances to the main structure (porches, chimneys, bay windows, attached outbuildings less than 50 square feet, and the like) may extend not more than 5’ into any required yard. A side or rear yard abutting a body of common open space at least 20’ wide may be reduced by 5’

b. Building Size (Residential Uses) …. No dwelling unit shall cover more than the

following area or percentage of its lot area: L—3,000 square feet or 30%; LC—2,000 square feet or 38%. In all uses the maximum extent of building coverage, and building and parking coverage shall be as set forth in the General Guides.”

c. Setbacks and Coverage (Commercial and Other Uses) …. Within any parcel designated for Commercial, Office, Religious Center, or similar use, coverage by buildings shall not exceed 45% of parcel area, nor shall coverage by buildings and parking areas (including drives) exceed 80%. Minimum setbacks from any street shall be 25’, except 40’ from any major collector street. Minimum side and rear yards shall be 10’. The foregoing shall not apply to parcel # 0280000000066 or any of its subsequent parcels.

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6. LOT AND PARCEL REQUIREMENTS:

The layout of the final subdivision plat or site plan shall be substantially the same as that of the Preliminary Subdivision Plan or Site Plan, except that the exact size and shape of individual lots or dwelling sites may be varied to suit the units of specific builders. Density (dwelling units divided by parcel area) and common open space as a percentage of parcel area shall be as set forth in the “General Guides.” The foregoing shall not apply to parcel # 0280000000066 and all subsequent parcels which shall be exempt from lot area, and lot frontage and width requirements set out in the Zoning Ordinance.

7. DEED RESTRICTIONS:

Any and all deed restrictions and Homeowners Association documents for this section will be reviewed by the Planning Department prior to final plat recordation.

8. AMENDMENT AND ENFORCEMENT: These Criteria may only be amended by City Council approval. These Development Criteria shall be interpreted, administered, and enforced in accordance with Articles 11 and 20 of the Chesapeake Zoning Ordinance. Notwithstanding anything to the contrary herein, a violation of any provision of the Development Criteria shall be considered a violation of the Chesapeake Zoning Ordinance and subject to all enforcement measures set out in Article 20 of the Zoning Ordinance.

ADOPTED by the Council of the City of Chesapeake, Virginia, the ____ day of ______, 2020.

APPROVED:

_____________________________________

Mayor

ATTEST:

_________________________________ City Clerk

APPROVED AS TO FORM:

_________________________________ Deputy City Attorney

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kimley-horn.com 4525 Main Street, Suite 1000, Virginia Beach, VA 23462 757 213 8600

MEMORANDUMTo: Karen Shaffer

Assistant Planning DirectorCity of Chesapeake306 Cedar RoadChesapeake, VA 23322

CC: Stefan Huba, Colonial Downs Group, LLCRobert Ursini, Seritage

From: Carroll E. Collins, AICPMicah Makaiwi, P.E.Kimley-Horn and Associates, Inc.

Date: December 6, 2019

Subject: The Zone at Greenbrier Mall – Required Parking Reduction EvaluationKimley-Horn Project #117503004

IntroductionKimley-Horn conducted a parking analysis to identify future parking demands associated withThe Zone at Greenbrier Mall (referred to as the Project throughout the remainder of thememorandum) in Chesapeake, Virginia. The Project consists of demolishing the former SearsAutomotive Center and converting the former Sears building into an entertainment-themedcomplex with four (4) restaurants, a 128-room hotel, and a satellite wagering facility. Detailedland uses and associated intensities are described below for the complex and a conceptual siteplan is attached in Exhibit A.

78,500 square feet (SF) of satellite wagering facility spaceo 700 Historical Horse Racing (HHR) gaming positions (approximately 26,000 SF)o 135 seat restaurant, bar, and kitchen space (approximately 12,000 SF)o Support space (approximately 30,500 SF) – areas associated with general office

space, executive conference space, briefing rooms, restrooms and locker rooms,break rooms, training rooms, receiving, maintenance, cashiering, and othergaming support services

o Storage space (approximately 10,000 SF) 81,190 SF of entertainment space Hotel with 128 rooms 4 restaurants at an assumed 5,650 SF each for a total of 22,600 SF

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The parking analysis consisted of documenting the existing parking inventory and associatedoccupancy rates, evaluation of parking space requirements, identification of shared parkingopportunities, and application of statistical data.

Existing Parking Inventory and DemandKimley-Horn conducted an existing parking inventory and observations at Greenbrier Mall onFriday, October 18 and Saturday, October 19 during the PM peak period (i.e., 7:00 PM–9:00PM) of the proposed development parking area. The inventory was conducted in the northernparking lots adjacent to the former Sears building for both standard and Americans withDisabilities Act (ADA) accessible spaces. The inventory was divided into parking zones, asshown in Figure 1.

Table 1 summarizes the inventory and occupancy collected data for each parking zone.

The inventory of the four (4) zones revealed that there are a total of 1,323 parking spacesconsisting of 1,296 standard spaces and 29 ADA spaces.

Overall, less than 12% (approximately 160) of the parking spaces within the described parkingzones were occupied during the data collection period. For the purposes of this analysis, theexisting parking demand will be accommodated within adjacent parking lots surrounding the malland will not be included in future parking demand associated with the redevelopment project.

This space intentionally left blank.

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Figure 1: Parking Lot Zones

This space intentionally left blank.

Not to Scale

BD

C

LEGENDParking Zone

A

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Table 1: Existing Parking Inventory and Occupancy Results

Parking ZoneParking

Inventory

Parking OccupancyFriday 10/18/2019 Saturday 10/19/2019

7:00 PM 8:00 PM 9:00 PM 7:00 PM 8:00 PM 9:00 PM

AStandard 396 24% 20% 13% 22% 18% 11%ADA 20 10% 10% 0% 25% 5% 0%

BStandard 459 0% 0% 0% 0% 0% 0%ADA 0 0% 0% 0% 0% 0% 0%

CStandard 404 11% 18% 14% 14% 10% 6%ADA 2 100% 50% 100% 0% 0% 0%

DStandard 35 20% 23% 23% 23% 11% 3%ADA 7 29% 29% 29% 0% 14% 0%

AllStandard 1,294 12% 12% 9% 12% 9% 5%ADA 29 21% 17% 14% 17% 7% 0%Total 1,323 12% 12% 9% 12% 9% 5%

Parking Requirements and Proposed Shared ParkingThe proposed redevelopment will consist of approximately 78,500 square feet (SF) of satellitewagering facility with 700 HHR (gaming positions), 81,190 SF of entertainment and retail space,a hotel with 128 rooms, and four (4) outparcels preliminarily designated as restaurants with5,650 SF each, totaling 22,600 SF. It is noted that the satellite wagering space will also includea small restaurant and bar area primarily intended for visitors/guests. Appendix A shows aconceptual site design. Table 2 reflects that the maximum parking requirements under Section19-411 of the City of Chesapeake Zoning Ordinance (the “Zoning Ordinance”), when applied foreach of the respective land uses, would require a total of 2,500 spaces.

Per previous discussions with the City, the satellite wagering facility parking requirement wasderived based upon a handful of wagering machines being added to restaurants/bars as itsadditional source of entertainment and a small amount of parking being added to support thesatellite wagering facility. It is our understanding that the parking requirement was not written forlarger facilities such as the proposed satellite wagering facility. Utilizing this parking requirementintended for restaurants/bars that added a few machines results in an excessive parkingrequirement for this facility. It is not the intent of the PUD amendment to identify or create theneed to build an unnecessary amount of additional parking spaces but rather demonstrate withthis parking study that there is a more than adequate inventory of existing parking spaces onsite today. It is also noted that Greenbrier Mall utilizes reciprocal easement agreements to allowusers access to parking spaces anywhere around the mall to facilitate ease of accessibility,mobility, and foot traffic.

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Table 2: Zoning Ordinance Parking Requirements

Land Use Intensity RequirementRequiredSpaces

Hotel 128 rooms 1 space per room 128

Restaurants 22,600 SF 1 space per 100 SF 226

Entertainment Space 81,190 SF 1 space per 100 SF 812

Satellite Wagering78,500 SF 1 space per 100 SF 785

700 gaming positions 1 space per gaming position 700

Total Spaces Required 2,651

Based on historical analysis of comparable satellite wagering facilities provided by Jay Sarnoand Associates Analytics (See Appendix B), the one space per 100 square feet requirement inaddition to the one space per gaming position is exceptionally aggressive for identifying parkingrequirements. Therefore, it is recommended that only the 700 gaming positions be used indetermining the required spaces for the satellite wagering facility.

It is noted that the Jay Sarno and Associates Analytics document identified key areas ofresearch that were used to develop and substantiate this methodology/recommendation. Theyconsisted of occupied capacity of attending vehicles, key demographics of the Chesapeakegaming market, historical usage of electronic games by individual patrons, slot floor occupancy,and some applicable modern trends.

Based on the anticipated mix of proposed land uses within the redevelopment and variation inhours of operation, there is also an opportunity for shared parking over the course of the dayand night. The various land uses are expected to have peak parking demands at differing timesover the course of the day. Kimley-Horn used the Urban Land Institute (ULI) Shared ParkingManual (2nd Edition) to determine the maximum demand for parking based on the time-of-daydistribution for all the land uses associated with the redevelopment. The peak parking demandof all the land uses occurs at 10:00 PM on Friday.

Per section 15-5.2 Shared Parking of the City’s Code, “parking for multiple, separate uses maybe provided collectively. A reduction in the parking required for each separate use may beallowed when the separate uses involve differing hours of operation, days of operation, or othercircumstances that make it unlikely that the separate uses will experience peak-hours of usagesimultaneously. In such cases, the reduction may be approved subject to the approval of thezoning administrator.” Therefore, shared parking demand adjustments are shown in Table 3.

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Table 3: ULI Shared Parking Demand (10:00 PM on Friday)

Land Use

ZoningOrdinanceRequiredSpaces

FridayPeak Period

HourlyAdjustment

SharedParkingDemand

Hotel 128 7:00 PM–10:00 PM 95% 122Restaurants 226 6:00 PM–8:00 PM 95% 215

Entertainment Space 812 10:00 PM–12:00 AMa 100% 812Satellite Wagering 1,485 10:00 PM–12:00 AMa 100% 700b

Total 2,651 99% 1,849a Based on head count data provided by Colonial Downs Groupb Based on 1 space per gaming position only

In addition, other parking space adjustments were applied per following and the resultingcalculations are reflected in Table 4:

Parking spaces for all land uses was reduced by 5% to account for non-captive parkingusers. These are users who walk from one land use to another only requiring oneparking space within the development, and this also takes into account any non-captiveparking users between the proposed development land uses and retail at GreenbrierMall.

Parking spaces for all land uses were reduced by 10% to account for trips using taxisand transportation network companies (TNCs) such as Uber and Lyft. Henao andMarshall1 show reductions for similar uses higher than 25%. This reduction was limitedto 10%, acknowledging the suburban nature of the area.

Based on the figures provided by Jay Sarno and Associates, the entertainment spaceand satellite wagering facility parking requirements were reduced by 1.5 (67%) toaccount for the average vehicle occupancies for those uses. The vehicle occupancy isalready included in the parking demand calculation for the other land uses.

Further, based on the figures provided by Jay Sarno and Associates, the satellitewagering facility parking requirements were reduced by 3 (33%) to account for usersusing multiple gaming positions at once.

1 Henao, A., & Marshall, W. E. (2019). The impact of ride hailing on parking (and vice versa). Journal ofTransport and Land Use, 12(1). https://doi.org/10.5198/jtlu.2019.1392

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Table 4: Parking Demand Adjustments

LandUse

BaseDemand

Adjustments PeakFridayTotalHourly

Non-Captive

TNCVehicle

OccupancyGaming

PositionsHotel 128 95% 95% 90% 100% 100% 104

Restaurant 226 95% 95% 90% 100% 100% 184Entertainment space 812 100% 95% 90% 67% 100% 463

Satellite Wagering 700a 100% 95% 90% 67% 33% 132Total 1,850 883

aBased on 1 space per gaming position only

Additionally, the ITE Parking Generation code 473 (Casino/Video Lottery Establishment) wasevaluated for the satellite wagering land use. This land use had only three (3) sites ranging from64,000 SF with 1,100 gaming positions to 101,000 SF with 2,000 gaming positions. All of thesesites included hotel rooms within the GFA Based on the site most similar to the Project, aparking demand ratio of 0.34 vehicle spaces per gaming position was used. It should be notedthat the average parking demand ratio is 0.99 vehicle spaces per gaming position including thelarger site described in the ITE Parking Generation Manual.

Table 5: Parking Demand Adjustments with ITE Parking Generation Rates

LandUse

ParkingSpacesby Code

Adjustments PeakFridayTotal

Non-Captive

TNCVehicle

OccupancyGaming

PositionsHotel 122 95% 90% 100% 100% 105

Casual Restaurant 215 95% 90% 100% 100% 183High-Turnover Restaurant 65a 95% 90% 100% 100% 37

Entertainment space 812 95% 90% 67% 100% 487Satellite Wagering 1,050a 95% 90% 67% 33% 157

Total 2,264 969aITE Parking Generate Rate

As shown in Table 4, the total required parking supply with the adjustments is 883 parkingspaces. Using the ITE Trip Generation Rates with the adjustments, as shown in Table 5, resultsin 969 required parking spaces. Both methodologies are consistent with the over 900 parkingspaces that will be provided as part of the proposed redevelopment. In addition, the malltypically closes at 9:00 PM; therefore, it is anticipated that during the peak period of theproposed redevelopment land uses (i.e., 10:00 PM) the surrounding lots will have excessinventory in close proximity to the project site to support any supplemental demand.

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As noted previously there is also a Reciprocal Easement Agreement (REA) that allowscooperative parking for all parking spaces at Greenbrier Mall. This allows parking spaces to beshared among all the land uses at the Mall.

Based on our review of the City’s parking requirements, the unique peaking/demandcharacteristics and associated intensities of the proposed land uses, the varying hours ofoperations and services associated with anticipated tenants, and the expectation for some levelof shared parking among complimentary land uses, we are confident that the proposed parkingrate adjustments and the resulting 900 plus parking spaces on site will adequatelyaccommodate the parking demand associated with proposed development. We respectfullyrequest that the City approve the proposed reduction in the parking requirement associated withthe Project to 883 parking spaces.

This Space Intentionally Left Blank.

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APPENDIX ACONCEPTUAL SITE PLAN

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APPENDIX BJAY SARNO & ASSOCIATES ANALYTICS MEMORANDUM

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Peninsula Pacific EntertainmentRosie’s Gaming Emporium – ChesapeakeNumber of Parking Space Methodology Calculations

The Colonial Downs Group, llc, Rosie’s Gaming Emporium is contemplated to be built at220 Rainbow Lane in Chesapeake, Virginia. The Rosie’s Gaming Emporium parkingrequirements and experience is like that of a retail shopping mall experience. Theguests are sensitive secured and well-lit parking. There even greater emphasis due tothe anticipated guest demographics, which are 75% over the age of 50 and 60% - 65%female. As a result, it is recommended to have a lighting standard to meet a minimumaverage of 1.5fc.

The Chesapeake location will most likely be a high frequency location and as suchquick access is ever more important where guests, on average, visit more regularly andfor shorter periods of time. Understanding the number of parking spots in relation to thenumber of gaming positions is imperative as guests do not like to waste time looking forparking and inadequate parking is a significant guest dissatisfier.

Parking Space ComparisonThe industry standard for casino parking with including significantly more amenities isapproximately one parking space per gaming devise. Note a facility with this number ofgaming positions typically has accommodations for additional amenities to include asteakhouse, coffee shop, coffee kiosk similar to a Starbucks, banquet room and/orentertainment facility. Not taking into consider such lesser number of amenities andsimply applying this standard, the Colonial Downs Group, Rosie’s Gaming Emporium,would require 700 parking spaces.

Based on the number of amenities, the Colonial Downs Group, Rosie’s GamingEmporium would more closely compare to a Bingo Hall, where the industry standard is2:3. Using this factor would substantiate the number of parking spaces at 467.

Upon review of the noted information, the Colonial Downs Group, parking requisitewould be between 467 – 700.

Visitation PatternsGaming facilities visitation levels and accompanying traffic volumes vary by day-of-week and time-of-day. A typical Saturday is the busiest day overall drawing more than20% of the weekly visits. Depending on promotions, Saturday afternoons, between 11:00A.M. and 4:00 P.M., typically realizes the highest demand. This is followed by lowervisitation on Friday and Sunday followed by significantly lower visitation Monday –Thursday.

Overall daily visitation tends to peak between 7:00 PM and 10:00 PM with representsover 20% of the daily guests demand. An overview of these day-of-week and time-of-day peak demand visits is used in determining the number of parking spaces neededduring high demand periods.

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Using the chart below, and assuming the annual visitation of approximately 1,000,000trips as well as assuming between 1.5 – 2.0 persons per car the maximum demand onparking would be 552 spots. If we assume a peak period could be as much as a 15%increase in demand, a maximum 610 spots would be required. This does not take intoconsiderations any decrease in demand due the availability of amenities, recent trendsin ridesharing habits as a result of Lyft and Uber nor does this take into consideration ofany public transportation availability.

Morning Afternoon Adj Total Rush Hour Evening Night Graveyard Adj Total

8a-11a 11a-4p 3-hourperiod

4-7p 7p-10p 10p-1a 1a-8a 3-hourperiod

Average 8.0% 30.0% 18.0% 17.0% 18.5% 14.5% 12.0% 5.1%Peak 10.0% 33.0% 19.8% 20.0% 20.0% 17.0% 14.0% 6.0%Average 7.0% 18.0% 10.8% 12.0% 18.0% 18.0% 27.0% 11.6%Peak 9.0% 21.0% 12.6% 15.0% 22.0% 20.5% 30.0% 12.9%Average 9.0% 24.0% 14.4% 15.0% 17.5% 16.5% 18.0% 7.7%Peak 11.5% 26.5% 15.9% 17.5% 22.0% 19.0% 20.5% 8.8%Average 7.5% 29.0% 17.4% 20.0% 18.5% 14.0% 11.0% 4.7%Peak 10.0% 31.5% 18.9% 22.5% 21.0% 16.0% 13.0% 5.6%

Monday -Thursday

Friday

Sunday

Saturday

Source: Innovation Group

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PLANNER PLANNING COMMISSION MEETING K. SHAFFER FEBRUARY 12, 2020

The Zone at Greenbrier Mall APPLICANT: Seritage SRC Finance LLC OWNER: Seritage SRC Finance LLC AGENT: Williams Mullen PROPOSAL: A modification to the Development Criteria for the Greenbrier PUD, Zone A, to allow a satellite wagering facility and certain development standards necessary for the redevelopment of the Sears parcel at Greenbrier Mall. PROPOSED COMP LAND USE / DENSITY: Regional Mixed Use EXISTING COMP LAND USE / DENSITY: Regional Mixed Use LOCATION: 1401 Greenbrier Parkway TAX MAP SECTION/PARCEL: 0280000000066 BOROUGH: Washington

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CITY COUNCIL PACKAGE FOR FEBRUARY 18, 2020...2020/02/18 · Two-story or three-story garden...

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Transcript of CITY COUNCIL PACKAGE FOR FEBRUARY 18, 2020...2020/02/18 · Two-story or three-story garden...