Request Modification of Conditions (Religious Use) Staff Recommendation Approval. Staff Planner Marchelle Coleman

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1 Applicant Property Owner Unitarian Church of Norfolk (Unitarian Universalist) Public Hearing December 12, 2018 City Council Election District Kempsville Agenda Item 1 Request Modification of Conditions (Religious Use) Staff Recommendation Approval Staff Planner Marchelle Coleman Location 809 S. Military Highway GPIN Site Size 9.50 acres AICUZ Less than 65 db DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Religious Use / O-2 Office, B-1 Neighborhood Business, B-2 Community Business Surrounding Land Uses and Zoning Districts North Multi-family dwellings / A-18 Apartment South Indian River Road Fuel station, convenient store / B-2 Community Business East S. Military Highway Auto sales, self-storage facility, retail / B-2 Community Business West Elizabeth River Single-family dwellings, shopping center / R-10 Residential, B-2 Community Business Page 1

2 Background and Summary of Proposal On January 5, 2016, City Council approved a Conditional Use Permit for a Religious Use on this property. The, formerly known as Unitarian Church of Norfolk, was established in The church relocated from Norfolk to Virginia Beach to this 9.50-acre site to accommodate the church s projected growth. The applicant s intent was to renovate the building and not propose any significant modifications to the site or to the exterior of the building. The applicant is requesting a Modification of Conditions to modify Condition 4 of the Conditional Use Permit that states that any signs that are illuminated must use an external source of light to better integrate with the building s architecture. The church proposes to use both an internal and external lighting source to illuminate the proposed freestanding sign, with a stated purpose to ensure that the sign is visible from the roadway at night. The applicant is proposing to internally illuminate several features of the monument sign to include the flame, the wave, the lettering, and the heron, as depicted on the proposed sign elevations on page six of this report. CUP Conditional Use Permit REZ Rezoning CRZ Conditional Rezoning Zoning History # Request 1 CUP (Religious Use) Approved 01/05/ CRZ (I-1 to Conditional B-2) Approved 03/03/2015 CUP (Motor Vehicles Sales and Service) 03/03/ MOD Approved 12/07/2010 CUP (Automotive Repair Garage & Bulk Storage Yard) Approved 11/14/2006 CUP (Bulk Storage of Motor Vehicles) Approved 12/03/2002 CUP (Bulk Storage Yard) Approved 07/12/1994 CUP (Temporary Recycling Operation) Approved 12/06/ CUP (Car Wash) Approved 11/27/ CRZ (I-1 to Conditional B-2) Approved 01/31/2006 CUP (Motor Vehicle Sales) Approved 01/31/ CUP (Church Expansion & Day Care) Approved 05/22/2001 CUP (Church) Approved 01/27/ CUP (Bulk Storage Yard) Approved 12/12/2000 REZ (I-1 to B-2) Approved 03/24/ CUP (Motor Vehicle Sales) Approved 09/12/2000 CUP (Mobile Home Sales) Approved 03/14/ REZ (I-1 to B-2) Approved 04/13/ CUP (Bulk Storage Yard) Approved 06/13/ CUP (Motor Vehicle Rentals) Approved 04/27/1993 Application Types MOD Modification of Conditions or Proffers NON Nonconforming Use STC Street Closure FVR Floodplain Variance ALT Alternative Compliance SVR Subdivision Variance Page 2

3 Evaluation and Recommendation As stated previously, the applicant is requesting to modify Condition 4 of the Conditional Use Permit, which requires that only an external source of light be used to illuminate on-site signage. While Staff prefers an external source of illumination for the freestanding sign, as it will be more in keeping with the traditional architecture of the building on the property, the sign does meet the sign requirements of the Zoning Ordinance. While it diminishes integration with the buildings architecture, the design of the sign will not adversely impact the surrounding area. No other changes to the existing conditions are proposed. Based on the considerations above, Staff recommends approval of this request subject to the modified conditions below. Recommended Conditions All conditions of the January 5, 2016 Conditional Use Permit shall be deleted and replaced with the following conditions listed below: 1. Other than dead, dying or diseased trees, to the best extent possible, existing trees in front of the building along South Military Highway should be preserved and properly maintained. 2. The existing parking lot shall be restriped clearly to delineate the parking spaces. In addition, handicap parking spaces shall be installed and shall comply with the requirements of the American s with Disabilities Act (ADA) with regard to the amount required and marking. 3. All necessary permits and a Certificate of Occupancy shall be obtained before occupancy and use of the building as a church. 4. Any on-site signage shall meet the requirements of the City Zoning Ordinance. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any signage. Comprehensive Plan Recommendations The Comprehensive Plan designates this site as being located within the Suburban Focus Area 8 Military Highway Corridor. This area includes both sides of Military Highway. The general pattern of land uses along this corridor has remained essentially unchanged for decades. North of Indian River Road, the western side of S. Military Highway consists of a low to medium density residential area and on the eastern side it largely consists of light industrial uses including auto and truck sales, rentals, and repairs, outdoor storage, and warehousing. The land along S. Military Highway, south of Indian River Road, is zoned and used for commercial purposes. New and redeveloped uses should improve the aesthetic of this corridor through high quality building design, signage, and landscaping. Natural and Cultural Resources Impacts The site is adjacent to the Elizabeth River and is located within the Chesapeake Bay Watershed. A majority of the site is located in the Resource Protection Area (RPA), the most stringently regulated portion of the Chesapeake Bay Preservation Area. In addition, the property is located in the AE Flood zone; however, no alterations or improvements are proposed for this area. No new development is proposed within the environmentally sensitive portions of the property. There do not appear to be any known significant cultural resources associated with this site. Page 3

4 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Military Highway 52,934 ADT 1 42,100 ADT 1 (LOS 4 D ) Existing Land Use ADT 48,200 ADT 1 (LOS 4 E ) Weekday, 315 ADT Sunday Indian River Road 30,964 ADT 1 26,300 ADT 1 (LOS 4 C ) Proposed Land Use ADT 42,100 ADT 1 (LOS 4 D ) Weekday, 315 ADT Sunday 1 Average Daily Trips 2 as defined by 350-seat church 3 as defined by 350-seat church 4 LOS = Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Military Highway and Indian River Road, in this vicinity, is considered a six-lane major urban arterial. The MTP proposes a divided facility within a 150-foot right of way. There are no roadway CIPs proposed for this area, at this time. Public Utility Impacts Water & Sewer This site is already connected to City water and sanitary sewer. Page 4

5 Proposed Sign Elevation Page 5

6 Proposed Sign Elevation Page 6

7 Site Photos Page 7

8 Disclosure Statement Page 8

9 Disclosure Statement Page 9

10 Disclosure Statement Page 10

11 Disclosure Statement Page 11

12 Disclosure Statement Page 12

13 Disclosure Statement Page 13

14 Disclosure Statement Page 14

15 Next Steps Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. Following City Council s decision, the applicant will receive a decision letter from Staff. Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at or the Development Liaison Team at Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Page 15

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