EBENEZER BAPTIST CHURCH Agenda Item 2 Page 1

2April 9, 2014 Public Hearing

APPLICANT (Street Closure):

EBENEZER BAPTIST CHURCH

APPLICANT & PROPERTY OWNER (Use Permit Modification):

EBENEZER BAPTIST CHURCH

STAFF PLANNER: Kevin Kemp

REQUESTS: A. Street Closure for a portion of Norwich Avenue B. Modification of a Conditional Use Permit (Parking Lot Addition for a Religious Use) ADDRESS / DESCRIPTION: 875 Baker Road GPIN: 14680593440000

ELECTION DISTRICT: BAYSIDE

SITE SIZES: Street Closure: 16,467 SF (0.38 acre) Use Permit: Existing Church Property: 80,441 SF (1.85 acres) Total After Street Closure: 96,608 SF (2.23 acres)

AICUZ: Less than 65 dB DNL

BACKGROUND The applicant is requesting to close a portion of Norwich Avenue adjacent to Wesleyan Drive and Modify an existing Conditional Use Permit in order to provide additional area for parking. The existing 1.85-acre site has limited space where additional parking could be accommodated; therefore, the applicant wishes to use the unimproved right-of-way located to the west of the site. In 1973, a Conditional Use for a religious use was approved for the subject site. The existing church building on the site was built in 1975. In 1993, a Modification to the Conditional Use Permit was approved for an addition to the existing church building. Included in this modification was a 14,000 square foot space that housed classrooms and administrative offices, as well as paving and expanding the existing parking area to its current capacity of 99 spaces. In 2012, an application was submitted to close the portion of Norwich Avenue included in this request. That application was indefinitely deferred.

BACKGROUND / DETAILS OF PROPOSAL

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DETAILS The applicant is requesting closure of a 40-foot wide portion of Norwich Avenue located between Wesleyan Drive and the northern property line of the church parcel. This portion of right-of-way is unimproved and contains no public or private infrastructure. Additionally, this portion of Norwich Avenue is not needed to provide access to the neighborhood to the north. Capital Improvement Program project number 2-145 (Wesleyan Drive) includes widening Wesleyan Drive from two to four lanes, adding a landscaped median, and constructing a 10 foot wide shared-use path. These improvements were completed in mid-December, 2013. Street lights are scheduled to be installed in March 2014. The submitted site plan would create one additional curb cut onto Wesleyan Drive for vehicles exiting the site. The proposed parking lot addition will increase the existing parking on site by 40 spaces. The submitted site plan shows the addition of one access point onto Wesleyan Drive that will be used for egress only. Additionally, the new parking area will connect to the existing lot and church building via a drive aisle and sidewalks. Landscaping will be planted along the property line adjacent to Wesleyan Drive. A stormwater detention area is shown to the rear of the building near the northern property line.

EXISTING LAND USE: Church building (fellowship hall and office space) SURROUNDING LAND USE AND ZONING:

North: Vacant Parcels / R-15 Residential District South: Wesleyan Drive

Virginia Wesleyan College / R-15 Residential District East: Baker Road

Single-family homes / R-10 Residential District West: Norwich Avenue (unimproved)

Vacant Parcel / R-15 Residential District NATURAL RESOURCE AND CULTURAL FEATURES:

A majority of the site is developed with a church and concrete parking surface. The portion of Norwich Avenue being closed is an undeveloped grass area. There do not appear to be any significant natural or cultural features on the site. The site is located in the Chesapeake Bay Watershed.

COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, aesthetic quality of the stable neighborhoods, and reinforcing the suburban characteristics of commercial centers and other non-residential areas that comprise part of the Suburban Area. 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 (pp. 3-1, 3-2).

LAND USE AND COMPREHENSIVE PLAN

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MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Wesleyan Drive in the vicinity of this application is considered a four-lane divided minor urban arterial. The Master Transportation Plan proposes a four-lane facility within a 125-foot right-of-way. Currently, this segment of roadway is functioning under capacity at a Level of Service D. Baker Road in the vicinity of this application is considered a two-lane undivided minor suburban arterial. The section of Baker Road fronting this site is not included in the Master Transportation Plan. Currently, this segment of roadway is functioning under capacity at a Level of Service C or better. The Wesleyan Drive Capital Improvement Program project (CIP 2-145) is almost complete. The current schedule reflects a completion date of late March.

TRAFFIC: Street Name

Present Volume

Present Capacity Generated Traffic

Wesleyan Drive 17,149 ADT 1 14,800 ADT 1 (Level of Service “C”)

22,800 ADT 1 (Level of Service “D”)

27,400 ADT 1 (Level of Service “E”)

Existing and Proposed Land Use 2 – 687 ADT

Baker Road 6,447 ADT 1 13,600 ADT 1 (Level of Service “C”)

15,000 ADT 1 (Level of Service “D”)

16,200 ADT 1 (Level of Service “E”)

1 Average Daily Trips 2 as defined by a church with a floor area of 18,751 square feet

WATER & SEWER: The site is currently connected to City water and sewer.

The request to close a portion of Norwich Avenue and Modification of a Conditional Use Permit application to expand the existing 99-car parking lot by 40 spaces to meet the needs of a growing church congregation is consistent with the Comprehensive Plan’s recommendation for the Suburban Area. The additional parking is designed to complement the existing parking lot and will enhance the surrounding area by eliminating the need for on-street parking. The applicant has been working with the City regarding this proposal, and has come to an agreement that closing and using the portion of Norwich Avenue adjacent to the site is the best solution to accommodate the desired parking lot expansion.

IMPACT ON CITY SERVICES

EVALUATION AND RECOMMENDATION

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The Street Closure Viewers met, and after discussing the pertinent facts of the requested closure, concluded that there would be no public inconvenience as a result of the closure and abandonment of the right-of-way. The Viewers and staff, therefore, have no objection to the closure or modification of the Conditional Use Permit to accommodate a parking lot expansion, and recommend approval of this application with the conditions below.

STREET CLOSURE

1. The City Attorney’s Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the “Policy Regarding Purchase of City’s Interest in Streets Pursuant to Street Closures,” approved by City Council. Copies of the policy are available in the Planning Department.

2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The play must be submitted and approved for recordation prior to final street closure approval.

3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided.

4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one (1) year of the City Council vote to close the right-of-way this approval shall be considered null and void.

MODIFICATION OF CONDTIONAL USE PERMIT

1. All conditions attached to the Conditional Use Permit granted by City Council on May 25, 1993 remain in effect.

2. With the exception of any modifications required by any of these conditions or as a result of the development site plan review, the parking lot addition will be completed in substantial adherence to the submitted site plan entitled, “CONCEPT PLAN PARKING LOT ADDITION, EBENEZER BAPTIST CHURCH”, dated January 27, 2014 and prepared by Gallup Surveyors & Engineers Ltd.

CONDITIONS

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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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Conditions of May 25, 1993 Use Permit

1. A stormwater management facility meeting the requirements of the City’s Stormwater Management Ordinance and Chesapeake Bay Preservation Area Ordinance shall be installed within the property.

2. A reservation of approximately ten (10) feet shall be required on the property facing Baker Road.

AERIAL PHOTOGRAPH OF SITE

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STREET CLOSURE EXHIBIT

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TANGENT TABLE

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PROPOSED SITE PLAN

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ZONING HISTORY

# DATE REQUEST ACTION 1 01/20/2012 Street Closure (Portion of Norwich Ave.) Deferred 2 08/12/2008 Conditional Use Permit (Cell Tower) Approved 02/27/2007 Conditional Use Permit (Student Dormitory) Approved 3 02/28/2006 Conditional Use Permit (Cell Tower) Approved 4 04/27/1999 Subdivision Variance Approved 5 05/25/1993 Conditional Use Permit (Church Addition) Approved 05/21/1973 Conditional Use Permit (Religious Use) Approved 6 09/30/1985 Change of Zoning (R-5 to O-1- conditions pending) Approved 04/23/1984 Change of Zoning (R-5 to B-2) Denied 08/11/1980 Change of Zoning (R-5 to A-1) Denied 7 01/18/1982 Change of Zoning (R-5 to A-1) Approved 8 09/09/1970 Change of Zoning Denied

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DISCLOSURE STATEMENT

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DISCLOSURE STATEMENT

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DISCLOSURE STATEMENT

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DISCLOSURE STATEMENT