PH-5 Douglas

C: Dir., Department of City Planning ••3.. City of NORFOLK

To the Honorable Council January 23, 2018 City of Norfolk, Virginia

From: George M. Homewood, FAICP, CFM, Planning Director

Subject: Modification of proffered zoning conditions and amendment to previously granted special exception to operate an eating and drinking establishment at 1170 & 1160 Le an Avenue — D'Egg West

Reviewed: Ward/Superward: 2/6 Wy hief Deputy City Manager Approved: Item Number: PH-5 Douglas

I. Staff Recommendation: Approval.

II. Commission Action: By a vote of 5 to 0, the Planning Commission recommends Approval.

III. Request: Modify the original 1998 proffered zoning conditions to permit the continued operation of a restaurant with alcohol and to amend the previously granted special exception to allow for the sale of mixed alcoholic beverages.

IV. Applicant: D'Egg West

V. Description: The site is located in a building with various medical and office uses and is surrounded by a mix of commercial, residential and institutional uses.

Previous Proposed

6:00 a.m. until 9:00 p.m., Hours of Operation and for the Monday-Friday 7:00 a.m. until 3:00 p.m., Sale of Alcoholic Beverages for 7:00 a.m. until 9:00 p.m., Seven Days a Week On-Premises Consumption Saturday and Sunday • 46 seats indoor Capacity • 0 seats outdoor Same • 52 total capacity

Staff contact: Matthew Simons at (757) 664-4750, [email protected]

Attachments: • Proponents and Opponents • Staff Report to CPC dated December 14, 2017 with attachments • Ordinance THE CITY OF

NORFO L ., CITY PLANNING

Planning Commission Public Hearing: December 14, 2017 Executive Secretary: George M. Homewood, FAICP, CFM Planner: Matthew Simons, AICP, CZA, CFM ,,e

Staff Report Item No. 3

Address 1170 & 1160 Lexan Avenue Applicant D'Egg West Rezoning to modify Modify 1998 proffered conditions conditions of C-2 zoning Requests Amend previously Eating and Drinking Establishment granted special exception Property Owner Lexan Ave., LLC Site/Building/Suite Area 0.45 acres/ 8,058 sq. ft./ 1,886 sq. ft. Future Land Use Map Commercial Site Zoning C-2 (Corridor Commercial) Characteristics Neighborhood Larchmont/Edgewater

Character District Traditional MI (Military Installation): Naval Facilities North Surrounding Engineering Command Atlantic Area East R-8 (Single-Family): Single-family residences South C-2: Taste Unlimited restaurant and store West IN-1 (Institutional): Larchmont Public Library

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-- ., 1 tl‘ al_fikiLiKAI ,.-_,,,, %. iota. iiiiiiii, • . ... . , •, ...giedic, . A. Summary of Request • The site is located on the northeast corner of Lexan Avenue and Hampton Boulevard, within the Larchmont/Edgewater community. • This request would allow the existing restaurant, D'egg West, to modify previously proffered zoning conditions and modify their existing special exception as follows: o Modify the original 1998 proffered zoning conditions which restrict the use of the property and doesn't permit the operation of a restaurant. o Addition of mixed alcoholic beverage sales. o Open one hour later on weekdays (7am). o Close six hours earlier (3pm). o Serve alcohol two hours earlier (7am).

B. Plan Consistency Change of Zoning The proposed modification of zoning conditions is consistent with plallorfo/k2030, which designates this site as Commercial.

Special Exception The proposed special exception revisions are consistent with plallorfolk2030, which designates this site as Commercial.

C. Zoning Analysis i. General • The site is located in a building with various medical and office uses and is surrounded by a mix of commercial, residential and institutional uses. • In August of 1998, the site was rezoned from C-1 (Limited Commercial) and R-8 (Single- Family) to conditional C-2 in order to permit a doctor's office, previously located directly to the south across Lexan Avenue, to move to this location within a new building to be developed on the site. o Conditions were proffered as part of the rezoning request which ensured that the new development would adhere to all Site Plan Review requirements, limit the by-right hours of operation to 11 p.m. as opposed to midnight, and limit the permissible uses. ■ A ground floor restaurant use was not envisioned at the time of the 1998 rezoning. • In 2001, the current building was developed on the site, complying with all Site Plan Review requirements, which also conformed to the 1998 proffered zoning conditions. • In 2010, the D'egg West restaurant sought and obtained a special exception to operate a restaurant with alcoholic beverages and then subsequently began operation on the ground floor of the building. o A modification of the proffered conditions should have been sought and obtained prior to any restaurant use being permitted to operate; however, this was not noticed at the time and the restaurant use has operated on this site since 2010 in discordance with the proffered conditions. • The proffered condition which restricts the permissible uses of the site must be modified in order to permit the restaurant to continue operating. • Several other conditions were proffered in order to ensure that the site when developed would conform to all Site Plan Review requirements with specific landscaping details. o The site conditions are no longer pertinent since in 2001 a site plan for the property was approved and the entire site subsequently developed; the site is required to be kept in full compliance with the approved site plan. o Therefore, there is not a substantive reason for the proffered site plan conditions to remain on the property. • Zoning history and proposed operations:

City Council Approval Applicant Request

1998 Sheba Rezone from C-1 (Limited Commercial) and R-8 Rezoning Properties, LLC (Single-Family) to Conditional C-2

2010 D'egg West Eating and drinking establishment Special Exception • Rezone to modify original 1998 conditions: o Restricted use of the property to Retail Goods, Retail Services, and Offices. o Restricted the hours of operation to 11:00 pm. o Reiterated Site Plan Review requirements; no Pending D'egg West longer pertinent. Special Exception • Make several operational changes: o Addition of mixed beverages. o Open one hour later on weekdays (7am). o Close six hours earlier (3pm). o Serve alcohol two hours earlier (7am).

Previous Proposed 6:00 a.m. until 9:00 p.m., Hours of Operation and for the Monday-Friday 7:00 a.m. until 3:00 p.m., Sale of Alcoholic Beverages for 7:00 a.m. until 9:00 p.m., Seven Days a Week On-Premises Consumption Saturday and Sunday • 46 seats indoor Capacity • 0 seats outdoor Same • 52 total capacity • Beer • Beer Alcohol Types • Wine • Wine • Mixed beverage ii. Parking • The site is located within the Traditional Character District, which requires one parking space per 175 square feet of enclosed building area for restaurants, one space per 250 square feet for medical offices, and one space per 300 square feet for general office. • The site is developed with 37 parking spaces and a bike rack on the site. • The restaurant is not proposing an increase in occupancy or building floor area and no additional parking impacts are anticipated.

iii. Flood Zone • The site is located in the AE 8 (High Risk) Flood Zone. o The building has installed flood gates and is engineered to be dry floodproofed.

D. Transportation Impacts • Since there is no change to the number of seats, no additional trips are forecast related to the proposed modification of operational characteristics. • Hampton Boulevard adjacent to the site is not identified as a severely congested corridor in either the AM or PM peak hours in the current update to regional Hampton Roads Congestion Management analysis. • The site is near transit service with Hampton Roads Transit bus route 2 (Hampton) operating along Hampton Boulevard at the site. • Hampton Boulevard adjacent to the site is not an identified priority corridor in The City of Norfolk Bicycle and Pedestrian Strategic Plan.

E. Historic Resources Impacts The site is not located in any local, state, or federal historic district.

F. Public Schools Impacts According to the Existing ABC Establishments and Norfolk Public Schools Proximity Map (see attached), the site is not within 1,000 feet of a Norfolk Public School.

G. Environmental Impacts The site was developed under current development standards, including current standards for landscaping and parking.

H. AICUZ Impacts N/A

I. Impact on Surrounding Area/Site • Over the past year, there have been 2 calls for emergency service to the site, which consists of various office tenants in addition to the restaurant, with no arrest made. o The calls for emergency service were related to issues with the security alarm. • By requiring this use to conform to the conditions listed below, the proposal should not have a negative effect on the surrounding neighborhood. J. Payment of Taxes The owner of the property is current on all taxes.

K. Civic League The applications were sent to the Larchmont/Edgewater Civic League on November 1.

L. Communication Outreach/Notification • Legal notice was posted on the property on October 31. • Letters were mailed to all property owners within 300 feet of the property on November 30. • Legal notification was placed in The Virginian-Pilot on November 30 and December 7.

M. Recommendation Staff recommends that the proposed modification of the proffered zoning conditions and the proposed modification of the special exception be approved subject to the special exception conditions shown below:

Proffered zoning conditions to be modified

(a) Use of the property shall be limited to provision of retail goods and services, professional offices, medical offices, pharmacy and related goods and services and associated parking and egress and restaurants, along with any related accessory uses.

(b) The hours of operation will be from 6:00 o'clock a.m. until 11:00 o'clock p.m., seven days per week.

{c) A six foot wood privacy fence will be placed on the property line abutted to residential lots along with professionally landscaped buffer including Yopanica hedge, Leyland Cypress and Compact Holly.

{d) Landscaping shall be installed in accordance with the regulations contained in Chapter 17, Landscaping and Buffers, of the Zoning Ordinance.

contained within the Zoning Ordinance of the City of Norfolk, 1992. Eating and Drinking Establishment special exception conditions

(a) The hours of operation for the establishment and for the sale of alcoholic beverages shall be from 7:00 a.m. until 3:00 p.m., seven days a week. No use of the establishment outside of the hours of operation listed herein shall be permitted.

(b) The seating for the establishment shall not exceed 46 seats indoors, no seats outdoors, and the total occupant capacity, including employees, shall not exceed 52 people.

(c) The existing dumpster enclosure shall be repaired and modified to include a locking gate to match the existing height and materials which surround the dumpster. If the dumpster enclosure is removed or replaced, a new dumpster enclosure shall be installed, and it shall fully conform with all of the requirements of section 17-4.4, "Trash containers," of the Zoning Ordinance of the City of Norfolk, 1992, as amended.

(d) The existing landscaping on the site and in the landscape verge within the right- of-way directly adjacent to the site shall be maintained in accordance with the requirements of the Department of Recreation, Parks, and Open Space. The property owners and their agents shall be responsible for providing, protecting, and maintaining all landscaping in a healthy and growing condition, replacing dead or damaged vegetation, and keeping all landscaped areas free of refuse and debris.

(e) The existing six-foot tall solid fence along the eastern property line shall be maintained.

(f) This special exception shall terminate in the event of a change in ownership of the establishment and may be revoked in the event of a change in the operation of the establishment as described in the Description of Operations set forth in "Exhibit A," attached hereto, provided that no termination in the event of a change in ownership of the establishment shall be effective until 120 days after the change or until a new special exception is granted showing the new owner, whichever is earlier.

(g) The establishment shall maintain a current, active business license at all times while in operation.

(h) The establishment shall remain current on all food and beverages taxes and other local taxes which may become due while it is in operation. (I) During all hours of operation, the establishment operator shall be responsible for maintaining those portions of public rights-of-way improved by sidewalk and portions of any parking lot adjacent to the premises regulated by the Special Exception so at to keep such areas free of litter, refuse, and both solid and liquid waste.

(j) A menu shall be provided containing an assortment of foods which shall be made available at all times the establishment is open. A food menu and full dining service shall be available at the bar.

(k) The business authorized by this Special Exception shall be conducted in accordance with the Description of Operations set forth in "Exhibit A," attached hereto. The representations made in "Exhibit A" shall be binding upon all owners, operators and managers who operate and/or manage the premises covered by this Special Exception. Should any owner, operator or manager desire to operate the business in a manner different than as represented in "Exhibit A," a new Special Exception must be obtained prior to implementing such change. Where any limitation or representation contained in "Exhibit A" is inconsistent with any condition of this ordinance, the conditions of this ordinance shall govern.

(I) The violation of any requirement, limitation, or restriction imposed by the Virginia ABC Commission shall be deemed a violation of this Special Exception. This Special Exception may be revoked for any violation of a general or specific condition, including a condition incorporated by reference and including a condition arising from requirements, limitations, or restrictions imposed by the ABC Commission or by Virginia law.

(m) There shall be no entertainment, no dancing, and no dance floor provided.

(n) Neither the establishment nor any portion of it shall be leased, let, or used by any third party to stage an event for profit. No outside promoter shall be permitted to use, operate, rent, or host any event on the premises.

(o) No patrons or guests shall be charged a cover charge or fee for entry to the establishment.

(p) A copy of this Adult Use Special Exception ordinance and Exhibits shall be available on the premises at all times for inspection, and a notice indicating that this Adult Use Special Exception ordinance and all amendments are kept on the premises and are available for review by any member of the general public shall be posted in a visible location. The notice shall also contain information on where and how to report violations of conditions and shall include the address of the zoning administrator. Attachments: General standards and considerations for special exception uses Overview map Location map Zoning map 1000' radii map of similar ABC establishments and Norfolk Public Schools Applications Notification list of all property owners within 300 feet of the site Notice to the Larchmont/Edgewater Civic League 25-7 - General standards and considerations for special exception uses.

No application for a special exception shall be approved unless the city council, after review of the recommendation of the planning commission, shall determine that the proposed special exception use is appropriate in the location proposed based upon its consideration of the general standards set forth below and, where applicable, the special standards for specific uses. No application for a special exception shall be recommended or granted pursuant to this chapter unless the application is determined to be in compliance with the following: 25-7.1 Compliance with ordinance and district purposes. The proposed use and development will be in harmony with the objectives and policies of the adopted general plan of Norfolk and with the general and specific purposes for which this ordinance was enacted and for which the regulations of the district in question were established. 25-7.2 No substantial impairment of property value. The proposed use and development will not substantially diminish or impair the value of the property within the neighborhood in which it is located.

25-7.3 No undue adverse impact. The proposed use and development will not have an adverse effect upon the character of the area or the public health, safety and general welfare. Conditions may be applied to the proposed use and development, as specified in section 25-8 below, to mitigate potential adverse impacts.

25-7.4 No interference with surrounding development. The proposed use and development will be constructed, arranged and operated so as not to interfere with the use and development of neighboring property in accordance with the applicable district regulations.

25-7.5 Adequate public facilities. The proposed use and development will be served adequately by essential public facilities and services such as streets, public utilities, drainage structures, police and fire protection, refuse disposal, parks, libraries, and schools.

25-7.6 No traffic congestion. The proposed use and development will not cause undue traffic congestion nor draw significant amounts of traffic through residential streets.

25-7.7 No destruction of significant features. The proposed use and development will not result in the destruction, loss or damage of natural, scenic or historic features of significant importance.

25-7.8 No pollution of environment. The proposed use and development will not cause substantial air, water, soil or noise pollution or other types of pollution which cannot be mitigated.

25-7.9 No negative cumulative effect. The proposed use and development will not cause a negative cumulative effect, when its effect is considered in conjunction with the cumulative effect of various special exception uses of all types on the immediate neighborhood and the effect of the proposed type of special exception use on the city as a whole.

25-7.10 Compliance with standards. The proposed use and development complies with all additional standards imposed on it by the particular provisions of the ordinance authorizing such use.

25-7.11 Payment of real estate taxes. No application for a special exception shall be recommended or granted until any and all delinquent real estate taxes owed to the City of Norfolk on the subject property have been paid. Proponents and Opponents

Proponents Phillip Decker — applicant 9669 27th Bay Street Norfolk, VA 23518

Opponents None 12/ 13/ 2017 lds

ly Form and Correctness Approved: IV Contents Approved4 -.

Y Office of the City Attorney DE NORFOLK, VIRGINIA

ORDINANCE No. 47, 092

AN ORDINANCE TO REZONE PROPERTY LOCATED AT 1160 AND 1170 LEXAN AVENUE IN ORDER TO MODIFY CONDITIONS ON PROPERTY ZONED CONDITIONAL C- 2 ( CORRIDOR COMMERCIAL) DISTRICT. JT/ I 1

BE IT ORDAINED by the Council of the City of Norfolk:

Section 1:- That the property located at 1160 and 1170 Lexan C- 2 ( Corridor Avenue is hereby rezoned from Conditional Corridor Commercial) Commercial) District to Conditional C- 2 ( District in order to change the applicable conditions. The property is more fully described as follows:

Property fronts 177 feet, more or less, along the northern line of Lexan Avenue and 102 feet, more or less, along the eastern line of Hampton Boulevard; premises numbered 1160 and 1170 Lexan Avenue.

Section 2:- That the properties rezoned by this ordinance shall be subject to the following conditions:

a) Use of the property shall be limited to retail goods medical offices, and and services, offices, restaurants, along with any related accessory uses.

b) The hours of operation shall be limited to 6: 00 a. m. to 11: 00 p. m., seven days per week.

Section 3:- That the official Zoning Map for the City of Norfolk is hereby amended and reordained so as to reflect this rezoning.

Section 4:- The Council hereby finds that this zoning amendment general welfare, or is required by public necessity, convenience, good zoning practice.

Section 5:- That this ordinance shall be in effect from the date of its adoption. V1r'!, Adopted by Council January 9, 2018 Effective January 9, 2018

TRUE COPY TESTS:

R. BRECKENRIDGE DAUGHTREY, CITY CLERK

R'= DEPUTY CITY CLERK 12/ 13/ 2017 lds Form and Correctness Approved<\1 Contents Approved:

By By Office of the City Attorney NORFOLK, VIRGINIA

ORDINANCE No. 479093

AN ORDINANCE GRANTING A SPECIAL EXCEPTION AUTHORIZING THE OPERATION OF AN EATING AND DRINKING ESTABLISHMENT F NAMED " D' EGG WEST" ON PROPERTY LOCATED AT 1160 AND 1170 LEXAN AVENUE.

BE IT ORDAINED by the Council of the City of Norfolk:

Section 1:- That a Special Exception is hereby granted to Phillip A. Decker authorizing the operation of an eating and drinking establishment named " D' Egg West" on property located at 1160 and 1170 Lexan Avenue. The property which is the subject of this Special Exception is more fully described as follows:

Property fronts 177 feet, more or less, along the northern line of Lexan Avenue and 102 feet, more or less, along the eastern line of Hampton Boulevard; premises numbered 1160 and 1170 Lexan Avenue.

Section 2:- That the Special Exception granted hereby shall be subject to the following conditions:

a) The hours of operation for the establishment and for the sale of alcoholic beverages shall be limited to 7: 00 a. m. until 3: 00 p. m., seven days per week. No use of the establishment outside of the hours of operation listed herein shall be

permitted.

b) The seating for the establishment shall not exceed 46 seats indoors, no seats outdoors, and the total

occupant capacity, including employees, shall not exceed 52 people.

c) The existing dumpster enclosure shall be repaired and modified to include a locking gate to match the existing height and materials which surround the dumpster. If the dumpster enclosure is removed or

replaced, a new dumpster enclosure shall be installed, and it shall fully conform with all of the requirements of section 17- 4. 4, " Trash containers," of the Zoning Ordinance of the City of Norfolk, 1992 ( as amended). d) The existing landscaping on the site and in the landscape verge within the right- of- way directly

adjacent to the site shall be maintained in accordance with the requirements of the Department

of Recreation, Parks, and Open Space. All landscaping installed on the site premises shall be maintained in a healthy growing condition at all times and shall be replaced when necessary. e) The existing six- foot tall solid fence along the eastern property line shall be maintained. f) This special exception shall terminate in the event of a change in ownership of the establishment and may be revoked in the event of a change in the operation of the establishment as described in the Description of Operations set forth in " Exhibit A," attached hereto, provided that no termination in

the event of a change in ownership of the establishment shall be effective until 120 days after the change or until a new special exception is granted showing the new owner, whichever is

earlier. g) The establishment shall maintain a current, active business license at all times while in operation. h) The establishment shall remain current on all food and beverages taxes and other local taxes which may become due while it is in operation. i) During all hours of operation, the establishment operator shall be responsible for maintaining those improved portions of public rights- of- way by sidewalk and portions of any parking lot adjacent to the premises regulated by the Special Exception so at to keep such areas free of litter, refuse, and both solid and liquid waste. j) A menu shall be provided containing an assortment of foods which shall be made available at all times

f0] the establishment is open. A food menu and full dining service shall be available at the bar. k) The business authorized by this Special Exception

shall be conducted in accordance with the Description of Operations set forth in " Exhibit A," attached hereto. The representations made in Exhibit A" shall be binding upon all owners, operators and managers who operate and/ or manage the premises covered by this Special Exception. Should any owner, operator or manager desire to operate the business in a manner different than as represented in " Exhibit A," a new Special Exception must be obtained prior to implementing such change. Where any limitation or representation contained in Exhibit A" is inconsistent with any condition of this ordinance, the conditions of this ordinance

shall govern.

1) The violation of any requirement, limitation, or restriction imposed by the Virginia ABC Commission

shall be deemed a violation of this Special Exception. This Special Exception may be revoked for any violation of a general or specific condition, including a condition incorporated by reference and including a condition arising from

requirements, limitations, or restrictions imposed by the ABC Commission or by Virginia law.

m) There shall be no entertainment, no dancing, and no dance floor provided.

n) Neither the establishment nor any portion of it shall be leased, let, or used by any third party to stage an event for profit. No outside promoter shall be permitted to use, operate, rent, or host any event on the premises.

o) No patrons or guests shall be charged a cover charge or fee for entry to the establishment.

Adult Use Special Exception p) A copy of this ordinance and Exhibits shall be available on the premises at all times for inspection, and a notice indicating that this Adult Use Special Exception ordinance and all amendments are kept on the premises and are available for review by any member

3 of the general public shall be posted in a visible location. The notice shall also contain information on where and how to report violations of conditions

and shall include the address of the zoning

administrator.

Section 3:- That the City Council hereby determines that the Special Exception granted herein complies with each of the requirements of § 25- 7 of the Zoning Ordinance of the City of Norfolk, 1992 ( as amended).

Section 4:- That the Special Exception granted hereby amends the previously granted special exception permitting an eating and drinking establishment on this property, adopted on March 2, 2010 Ordinance No. 43, 759) All provisions and conditions previously approved are entirely superseded by the terms of this Special Exception.

Section 5:- That this ordinance shall be in effect from the date of its adoption.

ATTACHMENT: Exhibit A ( 4 pages)

Adopted by Council January 9, 2018 Effective January 9, 2018

TRUE COPY TESTS:

R. BRECKENRIDGE DAUGHTREY, CITY CLERK

DEPUTY CITY CLERK EXHIBIT "A" Description of Operations Eating and Drinking Establishment

Date ID(W.(("7

Trade name of business b -Vr WES

Address of business 11-7o LP?ccn A\e_ Name(s) of business owner(s)* R \IN \ ttt - VA/PA, /'c. j Name(s) of property owner(s)*

Daytime telephone number ( ) U2.:2 - 3 *If business or property owner is partnership, all partners must be listed. *If business or property owner is an LLC or Corporation, all principals must be listed.

1. Proposed Hours of Operation: Facility Alcoholic Beverage Sales Weekday From e* To ,_ h Weekday From ---7A-tAil To 3p

Friday From 7A4A To ?p AA Friday From 7'M To gp 4il Saturday From (i\I\I To 3pAA Saturday From -7,cslA To 9Pkt

Sunday From 1 To f3p AA Sunday From —MP To 3p1L4.

2. Type ABC license applied for (check all applicable boxes) On-Premises D Off-Premises (additional application required)

3. Type of alcoholic beverage applied or 'Beer ine ixed Beverage

4. Will indoor or outdoor entertainment be provided? (Entertainment consists of anything more than e, unamplified musician) 0 Yes (Different application required) No

DEPARTMENT OF CITY PLANNING 810 Union Street, Room 508 Norfolk, Virginia 23510 Telephone (757) 664-4752 Fax (757) 441-1569 Exhibit A — Page 2 Eating and Drinking Establishment

5. Will video games, pool tables, game boards or other types of gars be provided? ❑ Yes (If more than 4, additional application required) ❑

5a. If yes, please describe type and number of each game to be provided

6. Will patrons ev e charged to enter the establishment? LI Yes No

6a. If yes, why

6b. Which days of the eek will there be a cover charge (circle all applicable days)?

Monday Tuesd. Wednesday Thursday Friday

Saturday Su

7. Will the facility a portion of the facility be available for private parties? ❑ Yes No

7a. If yes, explain

8. Will a third party(fromoter) be permitted to lease, let or use the establishment? ❑ Yes 0

8a. If yes, explain

9. Will there ever b a minimum age limit? ❑ Yes 0

Exhibit A — Page 3 DEPARTMENT OF CITY PLANNING 810 Union Street, Room 508 Norfolk, Virginia 23510 Telephone (757) 664-4752 Fax (757) 441-1569 Eating and Drinking Establishment

10.Additional comments/ description/operational characteristics or prior experience:

Note: If smoking is permitted, floor pl must be submitted showing all necessary building requirements for such ty

A.• icant

DEPARTMENT OF CITY PLANNING 810 Union Street, Room 508 Norfolk, Virginia 23510 Telephone (757) 664-4752 Fax (757) 441-1569

Exhibit A — Floor Plan(s) Worksheet Eating and Drinking Establishment

• Complete this worksheet based for each floor plan submitted with application.

• Floor plan must be prepared by a registered design professional and include: o Tables/seats o Restroom facilities o Bar o Ingress and egress o Standing room o Outdoor seating o Total maximum capacity (including employees)

Total capacity

a. Indoor Number of seats (not including bar seats) Number of bar seats Standing room

b. Outdoor Number of seats

c. Number of employees

Total Occupancy (Indoor/Outdoor seats, standing room and employees) =

DEPARTMENT OF CITY PLANNING 810 Union Street, Room 508 Norfolk, Virginia 23510 Telephone (757) 664-4752 Fax (757) 441-1569 Overview Map

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DRIVE SOUTH FAIRWATER

Larchmont Library 3;\ \..E.Y.P.14-CRESc, tookk 0 LEXANAVENUE

LEXAN CRESCENT 7 -S. -7i BEDFORD-AVENUE 5. c:\ 0 COVINGTON 444 Nei.,-7k• , Z LANE Slep 0 ' ' 414-A -,,,v,_37, cfr"'„ MANCHESTER AVENUE ___.-- ii'i t c6„. 1104/0

HANOVER AVENUE (394-S 5 N _

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RICHMOND CRESCENT Existing ABC Establishments & 1000' Norfolk Public Schools Proximity Map \\,LE 4t. 0,

ik SANI S1REET ISCEL1ANEOUS 111111 *0

411•11111111111111-1 TR FA RWATER DRIVE

D'EGG WESTr- --LEXAN _ AV \ C \ \ \ _ \, \ \ \ 1111_ EDEORDAVENUE ------6 7----- 2... \ \-j_ --,, _-7---713 al / - S c - 0 \ 1111 \ MOW II *** * rFR -ci , \ 111111111111r 111 RI _ ) L___-- MANCHESTERAVENUE717 ______(--- — 1 ~tij ▪ Norfolk Public School tip On-Premises closing 0 *4° IlliiI I time before 12AM 4b 1 • On-Premises closing time 12-1:45AM gi/ m ; -_ O On-Premises closing time 2AM .4 '----,___AIM --HANG AVENUE 73. • After Hours Club Off-Premises REY CRE• 0 80 160 111i 1 V‘ la II 11 imil=====.32Feet AL .IAith I ---"ENENNEMORI

APPLICATION CHANGE OF ZONING

Date of application: lot 7.5 r7

Change of Zoning 61,10,1,/i oraff,/,) ( c4,1,17

From: C Zoning To: Zoning

DESCRIPTION OF PROPERTY

Property location: (Street Number) 1- 7 (Street Name) 1.e

Existing Use of Property: 'AK), CP- 5 / VZ_-e )‘

Proposed Building Square Footage Or-)5Y)

Trade Name of Business (If applicable)

APPLICANT (If applicant is a LLC or a Corp./Inc., include name of official representative and/or all partners)

1. Name of applicant: (Last)i 0 g (First)1 t, (MI) Mailing address of applicant (Street/P.O. Box): toc\ 2l &col 4- (City) (State) \)0, (Zip Code) 23No Daytime telephone number of applicant (=j? 17° 6094 Fax E-mail address of applicant: aot- ccry\

DEPARTMENT OF CITY PLANNING 810 Union Street, Room 508 Norfolk, Virginia 23510 Telephone (757) 664-4752 Fax (757) 441-1569 (Revised January, 2015)

Application Rezoning Page 2

AUTHORIZED AGENT (if applicable) (If agent is a LLC or a Corp./Inc., include name of official representative and/or all partners)

2. Name of applicant: (Last) (First) (MI)

Mailing address of applicant (Street/P.O. Box):

(City) (State) (Zip Code)

Daytime telephone number of applicant (I I) Fax 0 I)

E-mail address of applicant:

PROPERTY OWNER (If property owner is a LLC or a Corp./Inc., include name of official representative and/or all partners) 1A.1(c/4 3. Name of property owner: (Last) e (V2 R_ ,(First) c?).ps s (MI) Mailing address of property owner (Street/P.O. box):1 1C9( e • )01k) S P.- D' (City) (State) (Zip Code), 7,3,C 10

Daytime telephone number of owner 6213371 email: ge.55 S 9f (4 Coq

CIVIC LEAGUE INFORMATION

Civic League contact: C-t V.i Mt 5.f

Date(s) contacted: oft.5111

Ward/Super Ward information:

DEPARTMENT OF CITY PLANNING 810 Union Street, Room 508 Norfolk, Virginia 23510 Telephone (757) 664-4752 Fax (757) 441-1569 (Revised January, 2015) Application Rezoning Page 3

CERTIFICATION: I hereby submit this complete application and certify the information contained herein is true and accurate to the best of my knowledge:

Print name: q_c-1-%. Sign: 4?- / (Property Owner or Authorized Agent (Date)

Print name: Rw\\,17 bQt,t/op Sign: / CAS /201-7 (Apphicant) (Date)

ONLY NEEDED IF APPLICABLE:

Print name: Sign: (Authorized Agent Signature) (Date)

DEPARTMENT OF CITY PLANNING 810 Union Street, Room 508 Norfolk, Virginia 23510 Telephone (757) 664-4752 Fax (757) 441-1569 (Revised January, 2015) APPLICATION ADULT USE SPECIAL EXCEPTION EATING AND DRINKING ESTABLISHMENT (Please print)

Date ( 2 -( (7

DESCRIPTION OF PROPERTY

Address LQ)cr---(\ e-

Existing Use of Property Rejti-u --/A-Ak • cp)1/4A

Proposed Use 1- Current Building Square Footage k Proposed Building Square Footage

Trade Name of Business (if applicable) 6V-

APPLICANT (If applicant is a LLC or a Corp./Inc., include name of official representative and/or all partners)

1. Name of applicant: (Last) •-012._ (First) (MI) Mailing address of applicant (Street/P.O. Box): 9(069 Z7. C (LL( (City) Ni\_C_sN( (State) (Zip Code) ?S.

Daytime telephone number of applicant ( ) 5 7- t-( 7 g Fax ( ) 2 45—sC01I (cog E-mail address of applicant: L \/) e c.tot coin

DEPARTMENT OF CITY PLANNING 810 Union Street, Room 508 Norfolk, Virginia 23510 Telephone (757) 664-4752 Fax (757) 441-1569 Application Eating and Drinking Establishment Page 2

AUTHORIZED AGENT (if applicable) (If agent is a LLC or a Corp./Inc., include name of official representative and/or all partners)

2. Name of applicant: (Last) e(Al2._ (First) \.1\X LL_ (MI)

Mailing address of applicant (Street/P.O. Box): _ (0.6q DctLet

(City) 01(=. \)‘'( (State) (Zip Code) 2 3 J 1 g

Daytime telephone number of applicant ( ) 157 47-9 EIL/Fax ( ) 2(-P Si(

E-mail address of applicant:

PROPERTY OWNER (If property owner is a LLC or a Corp./Inc., include name of official representative and/or all partners) Lc-)can Avc, Z- tc 3. Name of property owner: (Last) k e 6J (First) S-e_S5 (m)

Mailing address of property owner (Street/P.O. box): E. 41\A(/) Si-- S-• .°

(City) \-,) 0 .4-)c, t,k (State) (Zip Code) Z 3 S 0

Daytime telephone number of owner ( ) email: 41aure € i\--,)) de (Lacw) 622_.'2)-3\-7 Cvrn

F CIVIC LEAGUE INFORMATION Civic League contact: + IRlicekA L) b.cift) Lida - 30o1

Date(s) contacted: id - /s- -/ 7

Ward/Super Ward information: \.,

DEPARTMENT OF CITY PLANNING 810 Union Street, Room 508 Norfolk, Virginia 23510 Telephone (757) 664-4752 Fax (757) 441-1569 Application Eating and Drinking Establishment Page 3

REQUIRED ATTACHMENTS • Required application fee, $355.00 (if check, make payable to the City of Norfolk). o Application fee includes a non-refundable $5 technology surcharge. • One 81/2 inch x 11 inch copy of a floor plan prepared by a registered design professional drawn to scale showing seats/tables, restroom facilities, bar, ingress and egress, standing room, outdoor dining and total maximum capacity (see attached example) • One 81/2 x 14 inch or 11 x 17 inch copy of a physical survey, drawn to scale and showing site conditions and improvements (including portions of the right-of-way to the curb line): • Existing and proposed building structures ▪ Driveways • Parking ▪ Landscaping • Property lines (see attached example) • One 8 1/2 x 14 inch or 11 x 17 inch copy of a conceptual site plan drawn to scale and showing all proposed site improvements, landscaping, drive aisles and parking with dimensions, and proposed changes to parcel/property lines (including lease lines) if applicable. • Completed Exhibit A, Description of Operations (attached)

CERTIFICATION I hereby submit this complete application and certify the information contained herein is true and accurate to the best of my knowledge:

Print name: De.,d/a 2lec-3 Sign: 11Jilfo11.,-. z•-t / 17 (Property Ownef) (Date)

Print name: -2-642-12- , \A.1q1 Sign: fDirt 17 (Applicant) (Da e)

ONLY NEEDED IF APPLICABLE:

Print name: Sign: (Authorized Agent Signature) (Date)

DEPARTMENT OF CITY PLANNING 810 Union Street, Room 508 Norfolk, Virginia 23510 Telephone (757) 664-4752 Fax (757) 441-1569 Planning

January

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Commission

2010

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Property Address Property Owner Mailing Address

Norfolk VA 1148 Bedford Av Hockman, John 1148 Bedford Ave Norfolk VA 1144 Bedford Av Kennedy, David M & Brenda M 1144 Bedford Ave Norfolk VA 1170 Lexan Av Lexan Ave., Llc 109 E Main St Ste 200 Norfolk VA 1156 Bedford Av Kirstein, Lawrence H Et Als 1156 Bedford Ave West Point VA 1160 Bedford Av Neale, Mark M Jr Po Box 858 428 9th St Norfolk VA 6405 Hampton Blvd Gebler, Drew G & Jennifer L 6405 Hampton Blvd Norfolk VA 6309 Hampton Blvd Richardson, Jonathan A & Dennis L 6309a Hampton Blvd Eads TN 1146 Lexan Av Mid South Investment Holdings 92 Marys Creek Cv N Norfolk VA E S Hampton Blvd Grazemore, Llc 6464 Hampton Blvd Norfolk VA 1138 Bedford Av Pifer, Ryan J 1138 Bedford Ave Norfolk VA 1150 Lexan Av Kightlinger, Collin B & Amber J 1150 Lexan Ave Norfolk VA 1153 Lexan Av Bogan, Nancy C Et Al 1153 Lexan Ave Norfolk VA 1152 Bedford Av Carlson, M Randolph li 1152 Bedford Ave Norfolk VA 1142 Lexan Av Cobb, Richard C 1142 Lexan Ave Norfolk VA 1143 Lexan Av O'Dell, David M & Melanie T 1143 Lexan Ave Blvd Norfolk VA 6401 Hampton Blvd Dunn, Jason Alan 6401 Hampton 900 Norfolk VA W S Hampton Blvd City Of Norfolk 810 Union St Rm Norfolk VA 1154 Lexan Av Richardson, St John A 1154 Lexan Ave Norfolk VA 1135 Lexan Av Marshall, Austin Lee Et Al 1135 Lexan Ave Blvd Norfolk VA 6500 Hampton Blvd USA 6500 Hampton Blvd S Apollo Beach FL 1140 Bedford Av Luckett, Nichael D & Natasha R 1340 Apollo Beach PI Norfolk VA 6404 Richmond PI Wellman, Matthew S & Laurie L 6404 Richmond Blvd Norfolk VA 1155 Lexan Av Grazemore, Llc 6464 Hampton PI Norfolk VA 6316 Richmond PI Turner, William R Ili & Jocelyn A 6316 Richmond Ave Norfolk VA 1147 Lexan Av Manson, Hicks C 1147 Lexan Blvd Norfolk VA 6410 Hampton Blvd Grazemore, Llc 6464 Hampton Blvd Norfolk VA 6464 Hampton Blvd Grazemore, Llc 6464 Hampton Blvd Norfolk VA 6464 Hampton Blvd Grazemore, Llc 6464 Hampton Ave Norfolk VA 1139 Lexan Av Donaldson, Lora & Jarrod D 1139 Lexan Simons, Matthew

From: McDonald, Colette Sent: Wednesday, November 01, 2017 12:25 PM To: [email protected]; '[email protected]' Cc: Whibley, Terry; McClellan, Andria; Wilson, Denise; Simons, Matthew Subject: New Planning Commission Application - 1170 Lexan Avenue Attachments: Application.pdf

Ms. Liberto,

Attached please find the following application tentatively scheduled to be heard at the December 14, 2017 Planning Commission public hearing:

D'EGG WEST, for a special exception to operate an eating and drinking establishment at 1170 Lexan Avenue.

The purpose of this request is to allow for the existing restaurant to add on-premises alcoholic mixed beverage sales.

Staff contact: Matt Simons at (757) 664-4750, [email protected]

Thank you,

Colette McDonald City of Norfolk Planning Technician crc N RF6 Planning Department 810 Union Street I Suite 508 Norfolk, VA 23510 Email I [email protected] Phone I (757) 664-6771