Request Modification of Conditions of a Conditional Use Permit approved October 14, Staff Recommendation Approval. Staff Planner Stephen White

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1 Applicant Property Owner Public Hearing September 13, 2017 City Council Election District Lynnhaven Agenda Item 3 Request Modification of Conditions of a Conditional Use Permit approved October 14, Staff Recommendation Approval Staff Planner Stephen White Location 1000 N. Great Neck Road GPIN Site Size Total Site: 27.5 acres Area of Modification: ±10,500 square feet AICUZ db DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Church and associated facilities / R-10 Residential Surrounding Land Uses and Zoning Districts North Cemetery / R-10 Residential South Old Donation Parkway and Single-Family Residential / R-10 Residential East Single-Family Residential / R-10 Residential West Great Neck Road and Single-Family Residential / R-20 Residential Page 1

2 Background and Summary of Proposal A Conditional Use Permit permitting a religious use (church) was approved by the City Council on October 14, The Use Permit has been modified twice since then: (1) a 'sign package' for the church was approved in 2009, and (2) the use of two portable classroom units was approved in The original 2003 Conditional Use Permit has 8 conditions. Condition 1 requires that the site be developed in substantial conformance with the submitted master plan. The submitted master plan shows development of the church and its associated facilities and amenities. A component of the master plan is the construction of recreation and athletic fields on the northeastern portion of the property. The applicant is not currently prepared to construct the recreation and athletic fields; however, the applicant does currently desire to construct a picnic shelter and install an artificial turf playfield on approximately 10,000 square feet in the northwest corner of the area shown on the master plan for the athletic fields. The proposed playfield will be 135 feet by 60 feet (8,100 square feet), with a surface treatment of artificial turf. The proposed picnic shelter will be located at the eastern end of the playfield. The shelter will be 40 feet by 60 feet (2,400 square feet). The area around the playfield and picnic shelter will be landscaped, primarily with lawn grasses. The applicant submitted photographs and architectural plans for the picnic shelter. The shelter will be of woodframe construction, with a concrete slab foundation. No exterior lighting is proposed for the area where the playfield and picnic shelter will be located. In addition to the church's use, the playfield and picnic shelter will be available for general neighborhood use upon request. 1 2 Zoning History # Request 1 MOD (to allow modular classroom units) Approved 08/14/2015 MOD (to allow signs) Approved 08/11/2009 CUP (Religious Use Church) Approved 10/14/ CUP (Communications Tower) Approved 11/22/2015 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 Page 2

3 Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. Evaluation and Recommendation The proposed construction of an 8,100-square foot artificial turf playfield and a 2,400-square foot picnic shelter is acceptable. The area where the proposed playfield and picnic shelter will be located is approximately 0.25 acres of the larger 6-acre area shown on the approved 2003 master plan for athletic fields and associated amenities. The playfield and picnic shelter will provide a small recreational area for the church, as well as the neighborhood upon request, until such time that the full athletic and recreational amenities in that area are developed. Approval of the requested modification is recommended subject to the conditions below. As is the case with the majority of Use Permits with conditions that are then subsequently modified in the future, there is always a potential for confusion due to a lack of continuity from the original Use Permit to future modifications. The conditions below, therefore, are an integration and consolidation of the conditions of the 2003 Use Permit, the 2009 and 2015 modifications, and the current modification request for the playfield and picnic shelter. The conditions applicable to the current application are in bold type. Recommended Conditions 1. The site shall be developed in accordance with the submitted plan titled "WAVE CHURCH; Great Neck Road; Virginia Beach, Virginia, SITE PLAN," prepared by Tymoff & Moss Architects, dated June 26, Said plan has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 2. The proposed building additions and renovation of the existing sanctuary shall be constructed in accordance with the submitted plans titled "VIRGINIA BEACH CHRISTIAN LIFE CENTER, Virginia Beach, Virginia, Exterior Elevations", prepared by Tymoff & Moss Architects, dated July 8, Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. The applicant shall install connecting sidewalks from Old Donation Parkway and Great Neck Road to the main entrance of the building and to the recreational fields. The location of the sidewalks shall be determined during detailed site plan review of each phase of the project. 4. At the time the site plan for development of the 'Recreational Fields' shown on the plan referenced by Condition 1 is submitted, the applicant shall submit a tree preservation restoration plan, including the installation of Category IV landscaping, where needed, within the proposed twenty-foot buffer along the southern boundary of the site adjacent to the Michaels Glen and Great Neck Pines residential neighborhoods as well as the eastern boundary of the site adjacent to the Forest Park residential neighborhood and the City of Virginia Beach property. Page 3

4 5. The applicant shall submit a photometric lighting plan indicating the number and types of lighting as part of the formal site plan submission for review by the Police Department to determine consistency with Crime Prevention through Environmental Design (CPTED) principles and practices. All fixtures shall be of an appropriate height and design so as to prevent any direct reflection or glare towards adjacent uses and city streets. Lighting should be directed down at the ground and not horizontally or up in the air. 6. The 'Recreational Fields' shown on the plan referenced by Condition 1 shall be gated from sundown to sunrise. There shall be no lighting of the recreational fields. There shall be no roadway installed along the edge of the recreational fields. The recreational fields shall not be used for overflow parking for any events associated with the church. 7. The existing stormwater management facility shall be cleared of trash and debris during the Phase I construction, and Category I screening shall be installed on the top of bank, on the western side of the facility, before a Certificate of Occupancy is approved for the addition. 8. The church shall install trash receptacles throughout the parking lots. There shall be one trash receptacle for every 3,500 square feet of parking area. 9. Signage on the site and building shall be in substantial conformance with the following conditions, as approved by the City Council on August 11, 2009 by modification of the original October 14, 2003 Conditional Use Permit: a. The free-standing sign proposed to be installed at the southwest corner of the site shall be substantially consistent with the submitted enhanced photo elevations of a light-emitting diode (LED) sign. The sign shall have no video playback capabilities nor have any audio capabilities. Said sign shall replace the existing sign at the same location, and shall be no higher than 8 feet. A landscape plan for plantings around the base of the sign shall be submitted to the Current Planning Division of the Department of Planning for approval. b. The LED sign shall not be used to promote or advertise any other businesses, institutions, or events other than those related to the church located on the property. c. The sign shall include a light-sensitive photocell feature that will reduce and increase the intensity of the LED output commensurate with the external ambient light level (LED output reduction for night and cloudy conditions and LED output increase for daytime sunny conditions). d. The interval of time between one image and the next image shall not exceed eight seconds. This shall not prohibit a single element on any static image from movement (as in a butterfly or bouncing ball moving across the screen during a static image message). e. One building-mounted sign consistent with the submitted photo enhanced elevation shall be allowed. The lighting method for the sign shall be submitted to the Department of Planning for approval. f. One additional free-standing sign, without electronic display, meeting sign ordinance requirements may be installed at the Old Donation Parkway entrance into the parking area, but shall be located at the entrance furthest away from the intersection. An elevation drawing and location plan of such sign shall be submitted to the Department of Planning for approval. 10. Two 24-foot by 60-foot modular classroom structures may be located on the site as depicted on the plan entitled, "Plan for Installation of Modular Units ( Great Neck Road)," as approved by the City Council on August 11, 2009 by modification of the original October 14, 2003 Conditional Use Permit: a. The portable classroom structures are considered temporary and shall be permitted on this site until August 14, Continued use of the structures after five years shall require a new modification of the Conditional Use Permit. Page 4

5 b. The portable classroom structure shall have skirting around the entire base to screen the under-carriage of the unit. c. Foundation landscaping, subject to approval by the Planning Director, shall be installed around the base of the unit. d. The applicant shall obtain all necessary permits and inspections and a Certificate of Occupancy from the Permits and Inspections Division of the Planning Department prior to occupancy of the portable classroom structure. 11. Subject to the conditions below, an artificial turf field, picnic shelter, and associated landscape area may be installed at the location shown on the plan titled "WAVE CHURCH - Great Neck Road - Virginia Beach, Virginia - SITE PLAN," prepared by Tymoff & Moss Architects, dated June 26, a. Any additional use, beyond that allowed above, of the area shown as 'Recreational Area' on the site plan referenced above shall be as shown on that plan. b. The size and configuration of the area designated for the playfield and picnic shelter shall be in substantial conformance with that shown on the plan labeled, "Playfield and Picnic Shelter for, Great Neck Road," dated August 30, c. The size and architectural design of the picnic shelter shall be substantially as shown on the submitted plans titled "Foundation Plan, Elevations, and Notes, PICNIC SHELTER, WAVE CHURCH," dated 18 May 17. d. Consistent with intent of Condition 6 for the future athletic and recreational fields, there shall be no exterior lighting of the area designated for the playfield or picnic shelter. Low-level lighting within the picnic shelter shall be allowed when the shelter is in use. e. There shall be no use of the playfield and/or picnic shelter between the hours of 10:00 p.m. and 8:00 a.m. CONDITION ADDED BY PLANNING COMMISSION 12. The applicant shall install street frontage landscaping consistent with the requirements of the Site Plan Ordinance along N. Great Neck Road where none currently exists. 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 5

6 Proposed Location of Field and Shelter Page 6

7 Aerial Photograph showing Field & Shelter w Page 7

8 Building Plans of Proposed Picnic Shelter Page 8

9 Photographs of Proposed Shelter Type Page 9

10 Site Photos Location of Field (view to north) Location of Field (view to east from fence at cemetery) Location of Field (view to northeast) Page 10

11 Disclosure Statement Page 11

12 Disclosure Statement Page 12

13 Disclosure Statement Page 13

14 Disclosure Statement X Bank of the West Page 14

15 Disclosure Statement Page 15

16 Disclosure Statement X Bank of the West Page 16

17 Disclosure Statement Page 17