Applicant Property Owner St. Francis Episcopal Church Public Hearing November 14, 2018 City Council Election District Rose Hall Agenda Item 11 Request Modification of Conditions (Religious Use) Conditional Use Permit (Child Care Education Center within a Religious Use) Staff Recommendation Approval Staff Planner Robert Davis Location 509 S. Rosemont Road GPIN 1486680782 Site Size 4.0 Acres AICUZ 65-70 db DNL; Sub-Area 3 Watershed Chesapeake Bay Existing Land Use and Zoning District Church / R-7.5 Residential Surrounding Land Uses and Zoning Districts North Kings Point Road Single-family dwellings / R-7.5 Residential South Stormwater facility / R-7.5 Residential East S. Rosemont Road Single-family dwellings / R-7.5 Residential West Park, single-family dwellings / P-1 Preservation, R-7.5 Residential Page 1
Background and Summary of Proposal The applicant is requesting a Conditional Use Permit to operate a Child Care Education Center within the St. Francis Episcopal Church. The applicant is also requesting a Modification of the Conditional Use Permit for a Religious Use, which was approved in 1964, in order to add signage beyond requirements of Section 240.1 (c) of the Zoning Ordinance. According to the applicant, the proposed Child Care Education Center had previously been located within the recently closed Beth Chaverin Temple on Rosemont Road. The proposed use will be limited to 3,094 square-feet of classroom space within the existing church. The anticipated maximum enrollment is 60 children between the ages of six weeks to five years old. Four staff persons are expected to be employed for the use. The Building Official s Office and the Department of Social Services will determine the maximum occupancy. The proposed typical hours of operation are from 6:30 a.m. to 6:00 p.m., Monday through Friday. The school will use the adjacent City Park as a safe play area for the children to play outdoors. No changes are proposed to the site layout or to the exterior of the building. Since the proposed school will be open during the week when the Child Care Education Center is not normally busy, it is anticipated that the existing number of parking spaces on the site will be adequate for the school and for the existing church. Section 240.1 (c) of the Zoning Ordinance states that in Residential Districts, religious uses shall be allowed one sign per entrance not to exceed 24 square feet per face or such other signage approved as part of a Conditional Use Permit. The church site currently has two entrances, one sign at each entrance, as illustrated below. One of these entrance signs is nonconforming, as it is in excess of the maximum size of 24 square feet per face (#4 on the graphic below). Two additional signs exist at the intersection and are also non-conforming, as they are not located at an entrance as required (#2 and #3). Furthermore, sign #3 is a temporary sign for the proposed Child Care Education Center. The applicant is requesting to install a permanent sign in that location. Design details for the permanent sign have not been submitted to Staff. Page 2
1 2 3 4 Site Layout for Existing Signs 2. Fifteen square feet per face (Location is nonconforming) 3. Thirty-two square feet per face (Temporary sign) (Location is nonconforming) 1. Five square feet per face 4. Forty-eight square feet per face (Location is nonconforming) Page 3
1 Zoning History # Request 1 CUP (Religious Use) Approved 04/27/1964 CUP Conditional Use Permit REZ Rezoning CRZ Conditional Rezoning Application Types MOD Modification of Conditions or Proffers NON Nonconforming Use STC Street Closure FVR Floodplain Variance ALT Alternative Compliance SVR Subdivision Variance Evaluation and Recommendation The proposed request for a Conditional Use Permit for a Child Care Education Center is, in Staff s opinion, acceptable as it will provide additional educational opportunities for pre-school aged children and will serve the surrounding community with no anticipated adverse impacts to the surrounding uses and properties. The existing church and parking lot can accommodate the proposed use without any alterations. Staff is also of the opinion that the proposed request for a Modification of Conditions is acceptable given the size of the property and the scope of the Child Care Education Center. The placement of the existing signs is orderly and attractive. Despite the fact that two of the signs are non-conforming, none of the signs will detract from the appearance of the property nor adversely affect pedestrian and vehicular traffic safety. A condition is recommended that limits the location and size of the freestanding signs and will result in the removal of the temporary sign at the intersection. A condition is also recommended to replace the temporary sign with a permanent sign, subject to a design and location approval by the Planning Director. Based on the considerations above, Staff recommends approval of the request subject to the conditions below. Recommended Conditions Modification of Conditions (Religious Use) The conditions of the 1964 Conditional Use Permit for Religious Use shall be deleted and replaced with the conditions below. 1. The number of occupants shall be as established by the Building Official s Office. 2. The Religious Use shall maintain good standing and be in compliance with all permits and inspections from the Department of Planning & Community Development / Permits and Inspections Division and the Fire Department. 3. Signage for the Religious Use shall be in accordance with the following: Page 4
a. No more than one freestanding sign shall be permitted at each of the two entrances. b. No sign shall have more than two faces. c. All signage shall be limited to locations as depicted on page 3 of this report and limited in sign area as depicted on page 8 of this report. d. Any freestanding signage shall be no taller than eight feet, and externally lit. Conditional Use Permit (Child Care Education Center) 1. The occupancy load for the Child Care Education Center shall be established by the City of Virginia Beach Building Official's Office. 2. A Certificate of Occupancy shall be obtained prior to operation of the Child Care Education Center. 3. Signage for the Child Care Education Center shall be in accordance with the following: a. No sign shall have more than two faces. b. Any freestanding signage shall be no taller than eight feet, externally lit, and shall be located as shown on page 3 of this report and limited in sign area as depicted on page 8 of this report. c. The temporary sign shall be removed within 90 days from the date of approval by City Council. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of a new sign. 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. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the Suburban Area. Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a frame work for neighbors and places that are increasingly vibrant and distinctive. The Plan s primary guiding principle for the Suburban Area is to create Great Neighborhoods, and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. Page 5
Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There does not appear to be any significant natural or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic S. Rosemont Road 30,490 ADT 1 14,800 ADT 1 (LOS 4 C ) 22,800 ADT 1 (LOS 4 D ) Existing Land Use 2 89 ADT 6,200 ADT 1 (LOS 4 C ) Proposed Land Use 3-245 ADT Kings Point Road No Data Available 1 Average Daily Trips 2 as defined by a 12,200 square foot church 9,900 ADT 1 (LOS 4 E ) 3 as defined by a 12,200 square foot church and day care for up to 60 4 LOS = Level of Service Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer services. Page 6
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Recommended Square Footage for Signs Site Layout for Recommended Square Footage of Signage 2 3 1 12 square feet per face Religious Use 2 15 square feet total Religious Use 3 32 square feet total - Child Care Education Center 4 48 square feet per face Religious Use 4 Page 8
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