7 December 8, 2010 Public Hearing APPLICANT: CHURCH OF CHRIST

Transcription

1 7 December 8, 2010 Public Hearing APPLICANT: CHURCH OF CHRIST PROPERTY OWNER: EMMANUEL E. HENRY REQUEST: Conditional Use Permit (religious use) STAFF PLANNER: Leslie Bonilla ADDRESS / DESCRIPTION: 404 S. Parliament, Suites 100 and 101 GPIN: ELECTION DISTRICT: KEMPSVILLE SITE SIZE: 12,021 square feet AICUZ: Less than 65 db DNL SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow a religious use within two suites of an existing 9,000 square foot office building. The total lease space for the church is 896 square feet. The applicant s representative indicates that the church occupied the space since 2008 and was unaware of the requirement for a Conditional Use Permit. Religious services are held on Sunday from 10:00 a.m. to 1:30 p.m. and from 5:00 p.m. to 7:00 p.m. Tuesday night bible study is from 7:30 p.m. to 9:30 p.m. The church has 13 members. The existing building is situated along the northern property line. Twenty-two parking spaces are provided south of the building and there is a 30-foot non-exclusive easement for ingress and egress to allow access to this site from the property to the south. A variance to reduce the required parking by six parking spaces was approved on July 3, At that time 27 parking spaces were required by zoning and the variance reduced the required parking spaces down to 21 spaces. Page 1

2 LAND USE AND PLAN INFORMATION EXISTING LAND USE: Office building with associated parking SURROUNDING LAND USE AND ZONING: North: South: East: West: Bank / B-2 Community Business District Retail center / B-2 Community Business District Bank and retail establishments / B-2 Community Business District S. Parliament Drive Across S. Parliament Drive are single-family homes / R-7.5 Residential District Across S. Parliament Drive are offices and a gas station / B-2 Community Business District NATURAL RESOURCE AND CULTURAL FEATURES: There are no known significant natural resources or cultural features associated with this site. COMPREHENSIVE PLAN: The Comprehensive Plan designates the subject property as being in the Suburban Area. The general planning policies for this area reinforce the suburban characteristics of our stable neighborhoods, including non-residential areas that make up the Suburban Area. These policies call for new uses to either maintain or enhancing the existing area, have a high quality and attractiveness of site and buildings, and be compatible with residential uses in respect to the type, size, and intensity of the proposed use. (pp. 3-1, 3-2) CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): South Parliament Drive is a two-lane local street. It does not appear on the Master Transportation Plan Map and there are no CIP projects on it. TRAFFIC: Street Name South Parliament Drive Present Volume Unknown Present Capacity Generated Traffic 9,900 ADT 1 (Level of Existing Land Use 2 36 Service D ) Weekday ADT; 10 Sunday ADT Proposed Land Use 3 10 Weekday ADT: 32 Sunday ADT 1 Average Daily Trips 2 as defined by 896 square feet of general office 3 as defined by 896 square feet of religious use Page 2

3 WATER & SEWER: This site currently connects to City water and sanitary sewer. EVALUATION AND RECOMMENDATION The church is compatible with other commercial and religious uses within the building and is not expected to negatively impact any neighboring properties. The Zoning Ordinance requires three spaces for a church with 13 seats. The site plan depicts 22 spaces. Based on the fact that the proposed church has peak operational hours different from traditional business hours, staff finds that the site s 22 parking spaces are sufficient for this use, the commercial, and the other churches within the center. It should be noted that there are only two uses within the building that are in operation on Sundays and no other uses are in operation during evening hours when this church has weekday evening service. The proposed Church of Christ and another church (Faith of Deliverance) operate on Sunday and, according to City Code, these uses combined require five parking spaces. On Tuesday and Thursday evenings, after 7:30 p.m., only the proposed Church of Christ is in operation. A table is provided below with detailed information regarding parking requirements, hours of operation, and square footage of each use within the building. TABLE 1: DETAILED DESCRIPTION OF USES IN BUILDING There would be a parking concern if all the uses within the building were operating at the same time; however, the uses within this building operate at varying times. When hours of operation are taken into consideration, as is customary when considering and evaluating religious uses, at no one given time will the parking requirements for uses in operation exceed parking requirements established by the City s Zoning Ordinance. In addition, the proposed religious use is typically found within our suburban neighborhoods and is consistent with the Comprehensive Plan s land use policies for this area. Staff, therefore, recommends approval of this request with the following conditions. Page 3

4 CONDITIONS 1. There shall be no more than 20 individuals, or the number of individuals approved by the building and Fire Marshal, whichever is less, attending any one given service. 2. Weekday services shall operate between 6:30 p.m. and 12:00 midnight. 3. No services shall be permitted on Saturday between 6:00 a.m. and 6:30 p.m. 4. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy of use from the Building Official within 90 days of approval of this Use Permit. 5. This Conditional Use Permit is valid for three years from the date of adoption by Virginia Beach City Council. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Page 4

5 AERIAL OF SITE LOCATION Page 5

6 PHYSICAL SURVEY Page 6

7 PHOTOGRAPH OF BUILDING Page 7

8 3 1 2 # DATE REQUEST APPLICANT ACTION 1 02/28/1972 Use Permit (350 seat Terahp Ltd. theater) 2 11/23/ /11/ /13/2001 Use Permit (religious use) Use Permit (religious use) Use Permit (religious use) St. James Missionary Church St. James Missionary Church United Pentecostal Church of Virginia Beach 05/25/1993 Use Permit (religious use) 3 05/27/1997 Rezoning (R-7.5 & B-2 to Conditional B-1) Vineyard Christian Fellowship Zimmer Development Co. of VA, LP. ZONING HISTORY Page 8

9 DISCLOSURE STATEMENT Page 9

10 DISCLOSURE STATEMENT Page 10