2September 8, 2010 Public Hearing

APPLICANT:

LIVING WORD GOSPEL CHURCH

PROPERTY OWNER:

MONDS RENTALS, LLC

STAFF PLANNER: Leslie BonillaREQUEST: Conditional Use Permit (religious use) ADDRESS / DESCRIPTION: 4971 Cleveland Street GPIN: 14770474250000

ELECTION DISTRICT: KEMPSVILLE

SITE SIZE: 41,429 square feet LEASE SPACE: 1,320 square feet

AICUZ: Less than 65 dB DNL

SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to operate a religious facility in one of the units of an existing office building. The applicant will lease a 1,320 square feet suite of a 17,142 square foot office/warehouse building located on site. The applicant indicates that the church currently occupies the space as they were initially unaware of the requirement for a Conditional Use Permit. Religious services are held on Sundays from 9:30 a.m. to 2:00 p.m. and on Wednesday evenings from 7:00 p.m. to 8:00 p.m. The church currently has 40 members, and hopes to grow to about 60 members. The site consists of thirty-two parking spaces on the north side of building. Two access points are provided off Cleveland Street. No alterations to the exterior of building and parking lot are proposed.

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LAND USE AND PLAN INFORMATION EXISTING LAND USE: Office building SURROUNDING LAND USE AND ZONING:

North: • Motor vehicle sales / B-2 Community Business District South: • Warehouse and Office Buildings / I-1 Light Industrial District East: • Motor vehicle repair / I-1 Light Industrial District

West: • Office buildings / I-1 Light Industrial District NATURAL RESOURCE AND CULTURAL FEATURES:

There are no cultural features or significant natural resources associated with this site as it is almost entirely impervious.

COMPREHENSIVE PLAN: The Comprehensive Plan indentifies this site to be within the Pembroke Strategic Growth Area 4. The Pembroke Strategic Growth Area Implementation Plan envisions this area as a central urban core with a vertical mix of urban uses, great streets, mobility and transit alternatives, urban gathering places, environmental and neighborhood preservation and enhancement, green buildings and infrastructure opportunities providing a variety of civic, commercial, artistic and ethnically diverse areas (p 2-16). The Urban Districts Plan within the Pembroke Strategic Growth Area Implementation Plan establishes this area as the Central Village District. This district is generally bound by I-264, Kellam Road, Broad Street and Witchduck Road, and is dominated by a wide range of light industrial uses, trade supply shops, auto oriented businesses and commercial uses. Recommendations for this area call for an eclectic, mid to low-rise mix of commercial and urban-residential uses. This area will include live-work, loft, and row-house residential buildings as well as smaller mixed-use commercial buildings with urban areas and pocket parks (p 2-18).

CITY SERVICES

MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Cleveland street in front of this site is a two-lane undivided collector/local street. The Master Transportation Plan proposes an undivided facility within a 70-foot right-of-way. Currently, this segment of roadway is functioning near capacity at a Level of Service D. A roadway Capital Improvement Program is slated for this area. The Pembroke Area Comprehensive Transportation Plan (CIP 2-238) is ongoing and involves a transportation study for the Central Business District surrounding Town Center. This study will develop short-term, mid-term, and long-term alternatives for transportation needs in the area. The scope of services will include, but not be limited to, traffic studies, alternative transit methods, intersection improvements, arterial improvements, pedestrian access, aesthetic design elements, public involvement, and development of a Comprehensive Transportation Plan with which the City can develop feasible projects in the Central Business District that will provide a benefit to the traffic flow in the area.

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TRAFFIC: Street Name Present

Volume Present Capacity Generated Traffic

Cleveland Street 7,456 ADT 1 9,900 ADT 1 (Level of Service “D”)

Existing Land Use 2 – 59 ADT Weekdays; 27 ADT

SundaysProposed Land Use 3 – 12

ADT Weekdays; 92 ADT Sundays

1 Average Daily Trips 2 as defined by 1,320 square foot average retail

3 as defined by 1,320 square foot on weekdays and 60 member church on Sundays WATER & SEWER: This site connects to City water and sanitary sewer. EVALUATION AND RECOMMENDATION Staff finds that the current site design, as well as the applicant’s proposal, does not fit the vision for this area identified as the Central Village District of the Pembroke Growth Area 4 Implementation Plan (SGA 4). It is understood, however that plans calling for transformation as envisioned in the SGA 4 Implementation Plan take time to become reality, and uses such as the applicant’s will continue in this area until market forces, private sector development trends and public policy create the energy to necessary to redevelop this area. The proposed church use has sufficient parking available on-site, and therefore should not negatively affect the surrounding properties. The Zoning Ordinance requires 12 parking spaces for a church with 60 seats. The existing site plan depicts 32 parking spaces. Based on the fact that the proposed church has peak operational hours different from traditional office hours, staff finds that the 32 parking spaces located on the site are sufficient for this use as well as other uses in the complex. While the existing site and building is designed to suburban standards not consistent with Comprehensive Plan recommendations, staff finds that the applicant’s proposal is acceptable. The existing facility is adequate to house the proposed religious use without negatively affecting the surrounding community. Staff, therefore recommends approval of this request with the conditions listed below.

CONDITIONS

1. The number of individuals attending any one service shall not exceed the number established by the City’s Fire Marshall.

2. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspection Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official’s Office.

3. This Conditional Use Permit is valid for three years from the date of adoption by the Virginia Beach City Council.

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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.

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AERIAL OF SITE LOCATION

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Proposed church location

PROPOSED SITE PLAN

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PHOTOGRAPHS OF BUILDING

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# DATE REQUEST APPLICANT ACTION 1 11/23/1964 Zoning Change (MI-1 to MI-3) City of Virginia Beach Approved

2 03/10/1998 Conditional Use Permit (automobile repair)

Tench H. Phillips, Jr. Approved

3 10/24/2006 02/25/2003 01/26/1999

Modification of Conditions Modification of Conditions Conditional Use Permit (Bingo Hall)

S & R Properties, LLC S & R Properties, LLC

Approved Approved

4 08/08/1995 Conditional Use Permit (motor vehicle sales)

Tench H. Phillips, Jr. Approved

5 06/25/2002 08/14/2001

Conditional Use Permit (tattoo parlor) Conditional Use Permit (tattoo parlor)

Joseph Dufresne/Ancient Art Tattoo Studio

Approved Approved

6 02/01/2000 Conditional Use Permit (automobile repair)

Greg N. Winquist Approved

7 11/13/2001 Street Closure Miller/Parker Associates Withdrawn

5 6

4 7

1 2 3

ZONING HISTORY

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DISCLOSURE STATEMENT 

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DISCLOSURE STATEMENT