Request Conditional Use Permit (Religious Use) Staff Planner Jonathan Sanders

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Applicant Property Owner James Harrell Public Hearing October 12, 2016 City Council Election District Beach Agenda Item 4 Request Conditional Use Permit (Religious Use) Staff Planner Jonathan Sanders Location 463 South Lynnhaven Road GPIN 1496183564 Site Size 2.9 Acres AICUZ 70-75 db DNL Existing Land Use and Zoning District Mixed retail / B-2 Community Business Surrounding Land Uses and Zoning Districts North Single-family dwellings / R-7.5 Residential South Day-care center / B-2 Community Business East Multi-family residential / A-18 Apartment West Single-family dwellings / R-7.5 Residential Page 1

Background and Summary of Proposal Three Conditional Use Permit requests for Religious Use were approved by City Council in the same shopping center in 2009. The applicant was notified during an annual fire inspection that they need a Conditional Use Permit to operate. Therefore, the applicant is requesting a Conditional Use Permit for Religious Use within an existing 3,500 squarefoot unit within a shopping center along South Lynnhaven Road. The existing church is relatively small with 15 members and proposes the following hours of operation: Sunday: 9:00 a.m. 2:00 p.m. Wednesday: 6:00 p.m. 8:00 p.m. Friday: 7:00 p.m. 8:00 p.m. 1 Zoning History # Request 1 CUP (Religious Use) Approved 07/14/2009 CUP (Religious Use) Approved 06/23/2009 CUP (Religious Use) Approved 05/12/2009 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 Comprehensive Plan Recommendations Special Economic Growth Areas (SEGAs) are viewed as special areas with significant economic value and growth potential, with a primary consideration being adjacency to NAS Oceana or within the Interfacility Traffic Area high noise overflight zone. This site is located in SEGA 2 West Oceana. The area west of Lynnhaven Parkway is recommended for corporate office, retail, and other comparable commercial use due to this site s high visibility. (p. 2-85) Natural and Cultural Resources Impacts This site is within the Chesapeake Bay watershed. As the property is almost entirely impervious, there do not appear to be any significant natural or cultural resources associated with the site. Page 2

Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 14,800 South Lynnhaven Road 22.800 ADT 1 ADT 1 (LOS 4 C ) Existing Land Use 2 1,595 ADT 22,800 ADT 1 (LOS 4 E ) Proposed Land Use 3 1,595 ADT 1 Average Daily Trips 2 as defined by 2.9 acres B-2 zoning 3 as defined by religious use in existing shopping center Master Transportation Plan (MTP) and Capital Improvement Program (CIP) There are no CIP roadway projects planned for this area. Public Utility Impacts 4 LOS = Level of Service Water & Sewer This site is currently connected to both City water and sanitary sewer service. Evaluation and Recommendation This Conditional Use Permit request to allow for a Religious Use within an existing 3,500 square-foot unit in an existing shopping center along South Lynnhaven Road is consistent with the land use policies of SEGA 2-West Oceana for this area. The Comprehensive Plan recommends office, retail and other commercial uses for this area. The site has adequate parking and there does not appear to be any conflicts with existing uses in the shopping center and the proposed church. Staff recommends approval of this request with the conditions below. Recommended Conditions 1. The number of individuals attending any one service shall not exceed the occupancy number established by the City s Fire Marshall. 2. 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 for the change of use from the Building Official. 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 3

Proposed Site Layout Page 4

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