HomeMy WebLinkAboutSP200400029 Legacy Document 2007-01-05 (4)COUNTY OF ALBEMARLE STAFF REPORT SUMMARY
Project Name:
Staff: Scott Clark, David Pennock
SP 2004-00029 Holy Cross Episcopal Church
SDP 2006-00085 Holy Cross Episcopal Church
Planning Commission Public Hearing: November 7, 2006
Board of Supervisors Public Hearing: December 6, 2006
Owners: Protestant Episcopal Church Funds; Trustees of the
Applicant: Protestant Episcopal Church Funds; Trustees of
c/o Roy Barksdale
the c/o Roy Barksdale
Acreage: 2.376 acres
Special Use Permit for: Addition to fellowship hall of
existing, non -conforming church.
TMP: 84-61
Conditions: Yes
Location: Craigs Store Road, approximately 3.5 miles south
of Batesville
Existing Zoning and By -right use: RA Rural Areas:
Magisterial District: Samuel Miller
agricultural, forestal, and fishery uses; residential density (0.5
unit/acre);
Requested # of Dwelling Units: N/A
DA RA X
Proposal: Expansion of an existing, non -conforming church
Comprehensive Plan Designation: RA - Rural Areas:
to expand the existing fellowship hall by approximately 800
preserve and protect agricultural, forestal, open space, and
square feet.
natural, historic and scenic resources/ density (.5 unit/ acre)
Character of Property: The parcel is a cleared site with
Use of Surrounding Properties: Residential, farm and
three existing structures (a church, a fellowship hall, and an
forest.
additional building used only for monthly food -bank
distributions), open yards, and a cemetery.
Factors Favorable:
Factors Unfavorable:
1. Holy Cross Episcopal is an existing historic church,
1. The design of the proposed addition has not been
and no new use is proposed.
specified. The addition should be designed so that it
2. The proposed expansion would not create an
will not adversely impact the existing historic building
intensification of use on the site.
and its current rural setting. A condition below
3. The applicants have altered the location of their
requiring Historic Preservation Planner approval is
proposed addition in order to minimize visual impacts
intended to address this issue.
on the existing historic church building.
2. The existing entrance is substandard. The new
entrance shown on Attachment B and use of the current
entrance as proposed by the applicant will address this
issue; however, conditions 4 and 5 are needed to ensure
that VDOT's requirements are met.
3. Construction of the addition and the new entrance
would create impacts on neighboring properties
(including Tax Map 84 Parcel 60.) Conditions 7
through 9 are intended to reduce those impacts.
RECOMMENDATION: Staff recommends approval of SP 2004-00029 and SDP 2006-00085, subject to conditions.
SP 04-29 SDP 06-85 Holy Cross Episcopal Church
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SP 2004-00029 Holy Cross Episcopal Church
Petition:
PROJECT: SP 2004-029 Holy Cross Church
PROPOSED: Special use permit amendment for expansion of an existing, non -conforming church to expand the
existing fellowship hall by approximately 800 square feet.
ZONING CATEGORY/GENERAL USAGE: RA -- Rural Areas: agricultural, forestal, and fishery uses; residential
density (0.5 unit/acre)
SECTION: 10.2.2.35 ("church building and adjunct cemetery")
COMPREHENSIVE PLAN LAND USE/DENSITY: Rural Areas - preserve and protect agricultural, forestal, open
space, and natural, historic and scenic resources/ density ( .5 unit/ acre)
ENTRANCE CORRIDOR: No
LOCATION: Craigs Store Road (Route 635), approximately 3.5 miles south of Batesville
TAX MAP/PARCEL: Tax Map 84 Parcel 61
MAGISTERIAL DISTRICT: Samuel Miller
Character of the Area:
The area is rural. The church property and several other small, mostly residential parcels are surrounded by a matrix of
larger forest and farm parcels.
Specifics of the Proposal:
The applicants are proposing to build an 800 -square -foot addition to the existing 736 -square -foot fellowship hall on
the site, to accommodate existing congregation activities that must otherwise be held outdoors. As this is an existing
non -conforming church, the addition triggers the requirement for a special use permit.
Planning and Zoning History:
The church was built in about 1905 and has been continuously operating since before zoning was established in the
County. Therefore, it is an existing nonconforming use and any expansion requires a special use permit.
Conformity with the Comprehensive Plan:
The Comprehensive Plan designates the proposed church site as Rural Areas, emphasizing the preservation and
protection of agricultural, forestal, open space, and natural, historic and scenic resources. Churches are allowed in the
Rural Area zoning district by Special Use Permit.
This proposal supports the following Guiding Principles from the Rural Areas chapter of the Comprehensive Plan:
"Address the needs of existing rural residents without fostering growth and further suburbanization of the
Rural Areas. "
The proposed addition is intended to serve the existing congregation without increasing the area of assembly
or the level of use on the site. Part of the County's vision for the Rural Areas includes the support of local
communities through community meeting places, at rural scales, that provide the opportunity to take part in
community life.
"Protect the Rural Areas' historic, archeological, and cultural resources."
Supporting continued use of this site with additional space to accommodate the existing congregation will
help to ensure that the historic church will continue its long-standing pattern of use and will be maintained.
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The Historic Preservation Plan contains an objective to "[p]ursue additional protection measures and incentives to
preserve Albemarle's historic and archaeological resources in order to foster pride in the County and maintain the
County's character." In this case, the special use permit process provides an opportunity to meet the church's needs for
additional space while protecting the historic character of the church building.
STAFF COMMENT:
Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance.
31.2.4.1: Special Use Permits provided for in this ordinance may be issued upon a finding by the Board of
Supervisors that such use will not be of substantial detriment to adjacent property,
The applicants have stated that this addition would not be used to accommodate more people or additional events. The
addition will allow the church to accommodate events and after -church activities that have been held outdoors in the
past due to lack of space.
On October 23, 2006, staff received a letter from the owners of Tax Map 84 Parcel 60, which is adjacent to the church
parcel to the west (Attachment D). The letter requests buffer plantings, a prohibition on new lighting, and control of
drainage. As listed later, condition 7 would require a vegetative buffer as recommended by the Design Planner.
Condition 8 would require full -cutoff fixtures for any new lighting, rather than prohibiting new lighting, to provide the
church with options for safely lighting the site without impacting neighboring properties.
In order to address the drainage problem—increased runoff from the new driveway into a ditch that already carries
more runoff than downstream culverts can accomodate—staff recommends condition 9, which would allow the
applicants to design stormwater-management facilities to reduce runoff from their site during the final review of their
site plan. (The analysis for SDP 2006-00085 that follows already recommends conditions of approval; condition 9
could be addressed at the same time as the site -plan waiver conditions.)
that the character of the district will not be changed thereby and
The scale of this use will not change. Small churches are a longstanding feature of the rural landscape.
The church on the site dates from circa 1905. The Virginia Department of Historic Resources has no survey data for the
site, but the church building would be eligible for listing on the Virginia Landmarks Registry and/or the National
Register of Historic Places due to its age. Holy Cross church ("bld. 1" on Attachment B) is a simple gabled structure
with pointed arch windows, a pyramidal belfry, and a small gabled entry porch. A later fellowship hall ("bld. 2") stands
to the west of the church. (See Attachment F for photographs.) `Bld. 3" is an additional structure used only for monthly
food -bank distributions.
The original conceptual plan showed the addition in the front of the existing fellowship hall. The Historic Preservation
Planner was concerned about impacts on the historic church in this location, which also would have necessitated the
removal of a mature maple. The applicants have moved the proposed addition (see "bld. 4") on Attachment B) to the
side of the existing hall, which reduces the impacts to the church and saves the tree. However, the applicants have not
submitted elevations of the new addition design. In order to ensure that the addition does not detract from the character
of the historic church, staff is recommending condition 6 as listed later, which would require Historic Preservation
Planner approval of the design before a building permit is issued.
that such use will be in harmony with the purpose and intent of this ordinance,
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Section 18, Chapter 10 of the Zoning Ordinance outlines the purpose of Rural Areas zoning:
"This district (hereafter referred to as RA) is hereby created and may hereafter be established by amendment of the
zoning map for the following purposes: (Amended 11-8-89)
-Preservation of agricultural and forestal lands and activities;
-Water supply protection;
-Limited service delivery to the rural areas; and
-Conservation of natural, scenic, and historic resources. (Amended 11-8-89) "
Holy Cross Episcopal Church has been active on the site for over 100 years. Allowing this expansion helps the church
continue its relationship, and directly supports the conservation of historic and cultural resources in this part of the
County.
with uses permitted by right in the district,
This property and the adjacent properties are zoned RA, Rural Areas. The uses permitted by right under RA Zoning
directly support agriculture, forestry, and the conservation of rural land. Part of the County's vision for the RA
districts includes the support of agricultural and forestal communities through community meeting places, at rural
scales, that provide the opportunity to take part in community life. The expansion of the fellowship hall will allow
Pleasant Grove Baptist Church to continue to support local community life at a rural scale.
with the additional regulations provided in section 5.0 of this ordinance,
There are no supplemental regulations in Section 5.0 that apply to this use.
and with the public health, safety and general welfare.
The entrance to the church is on Route 635, Craigs Store Road. The latest traffic count available for this road was
done in 2000. The one -day count totaled 830 vehicles. The following table shows the available information from
VDOT on crashes on this section of road (Route 635, from the intersection with 691 south to the Nelson County
boundary):
Collisions, 1/1/2000 throu h 6/30/06
Collision Type
Number of Collisions
Angle
1
Sideswipe Same Direction
2
Fixed Object Off Road
5
Deer
3
Of these accidents, 2 involved injuries (2 people were injured), and none led to fatalities. The applicant's
representative has stated that no accidents have happened at the church entrance.
VDOT considers the existing entrance for the site to be substandard, due to insufficient sight distance (300 feet, versus
the required 390 feet) and the need to upgrade to a "minimum standard commercial entrance." The sight -distance
problem is caused by vertical curvature (a hill obstructs the view of the road for drivers approaching from the
northeast—see photograph in Attachment F). This means that improvement to the existing entrance will not improve
the sight distance, and VDOT recommended that the entrance be moved farther from the hill.
The conceptual plan (Attachment B) shows a new entrance. The design of this entrance, which is curving and very
steep, is driven by the topography of the property. At the point where a new entrance is located to provide sufficient
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sight distance, Craigs Store Road has dropped well below the level of the church's yard, and the entrance must be cut
through a tall bank (see photograph in Attachment F). Then, in order reach the higher grade while avoiding the site's
septic system, the entrance must be short, steep (approximately 15%), and curving. Although VDOT typically would
not permit an entrance with grades above 10%, they acknowledge that no other location is possible. VDOT will
require that the entrance meet their "CG -11 standard for algebraic differences and vertical curves" (see Attachment Q.
Recommended condition 4 as listed later would require VDOT approval of the entrance.
While the applicants have shown this new entrance on the plan, they have also included a note requesting that they not
be required to build it due to "prohibitive expense." If the plan is approved with the entrance as shown, this note
should be removed to avoid later confusion. Recommended condition 4 as listed later addresses removal of this note.
The applicants have also requested to keep the existing entrance as a right -out -only exit should a new entrance be
required. VDOT can support this request provided that appropriate directional signage is installed. Condition 5 would
require VDOT approval of signage.
The parking areas shown on the conceptual plan (Attachment B) are delineated on the plan only for the purposes of
verifying sufficient parking space to meet ordinance requirements, and showing where parking occurs now. Parking
would also continue on the site in the manner typical for small rural churches—not in delineated spaces, but on
pavement where provided, and in grass or gravel adjacent to driveways.
SUMMARY:
Staff has identified the following factors favorable to this application:
1. Holy Cross Episcopal is an existing historic church, and no new use is proposed.
2. The proposed expansion would not create an intensification of use on the site.
3. The applicants have altered the location of their proposed addition in order to minimize visual impacts on the
existing historic church building.
Staff has identified the following factors unfavorable to this application:
1. The design of the proposed addition has not been specified. The addition should be designed so that it will not
adversely impact the existing historic building and its current rural setting. The condition below requiring
Historic Preservation Planner approval is intended to address this issue.
2. The existing entrance is substandard. The new entrance shown on Attachment B and use of the current
entrance as proposed by the applicant will address this issue; however, conditions 4 and 5 below are needed to
ensure that VDOT's requirements are met.
3. Construction of the addition and the new entrance would create impacts on neighboring properties (including
Tax Map 84 Parcel 60.) Conditions 7 through 9 below are intended to reduce those impacts.
RECOMMENDED ACTION:
Based on the findings contained in this staff report, staff recommends approval of Special Use Permit 2004-00029
Holy Cross Episcopal Church under the following conditions:
1. The church's improvements and the scale and location of the improvements shall be developed in general
accord with the conceptual plan entitled "Application Plan SP 2004-29"," prepared by Lum's Land Surveys,
Inc., and dated 10/25/06.
2. There shall be no day care center or private school on site without approval of a separate special use permit;
3. Construction of the proposed addition shall commence within 5 years of the date of approval of this special
use permit or the permit shall expire.
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4. The proposed new entrance must be approved by the Virginia Department of Transportation. The note
requesting approval of continued use of the existing entrance shall be removed from the conceptual plan.
5. The existing entrance may be used as a right -turn -out -only exit, provided that directional signage is provided
to VDOT's satisfaction.
6. The design of the addition is subject to review and approval by the Historic Preservation Planner. This review
shall occur with the building permit application. The Historic Preservation may require roof pitches, exterior
materials, and window designs similar to those of the existing church, as well as minor changes to the
footprint of the addition, as compared to the footprint illustrated on the concept plan, for the purposes of
protecting the historic character of the existing church and/or providing sufficient visual compatibility with
the existing church.
7. The applicants shall provide a vegetative buffer consisting of a mix of evergreen and deciduous trees,
including some fast growing species, along the west property line to provide year-round screening. The buffer
shall extend from the edge of pavement of Route 635 southward 130'. The buffer shall have a minimum
width of 20' except that the planting width may be reduced as necessary at the entrance to the site from Route
635 to accommodate sight distance. The vegetative buffer shall be planted prior to issuing a Certificate of
Occupancy for the addition. The vegetative buffer shall be shown on a site plan and is subject to approval by
the Landscape Planner.
8. Any new outdoor building and site lighting shall be provided by full cutoff fixtures. The note regarding the
current lighting provisions shall be removed from the conceptual plan.
9. The applicants shall provide stormwater management facilities to reduce the impact of site drainage on
properties downhill along Route 635 to the satisfaction of the County Engineer. The facilities shall be shown
on a site plan.
SDP 2006-00085 Holy Cross Episcopal Church
In conjunction with the Special Permit request, the applicant has also submitted an application for site plan waiver approval.
These requests are reviewed in accord with Chapter 18, Section 32.2.2 of the County Code which states:
"32.2.2 The foregoing notwithstanding, after notice in accordance with Section 32.4.2.5, the commission may waive
the drawing of a site plan in particular case upon a finding that the requirement of such plan would not forward the
purposes of this chapter or otherwise serve the public interest; provided that no such waiver shall be made until the
commission has considered the recommendation of the agent. The agent may recommend approval, approval with
conditions, or denial of such waiver. In the case of conditional approval, the agent in his recommendation shall state
the relationship of the recommended condition to the provisions of this section. No condition shall be imposed which
could not be imposed through the application of the regulations of Section 32.0. "
The site review committee has reviewed this request and is able to support the waiver with the conditions listed below.
Condition 2 requires a lighting plan. However, under the Zoning Ordinance the applicants would not be required to
submit a lighting plan for any lighting fixtures that emit less than 3000 lumens or that are exempted under section
4.17.6.
1. In accordance with Section 32.7.2.7, field run topography is to be provided for the entrance in order to verify
grades. If necessary, an alternative alignment to lengthen the entrance drive is to be provided in order to lessen the
grade.
2. In accordance with Section 32.6.6.j., outdoor lighting information including a photometric plan and location,
description, and photograph or diagram of each type of outdoor luminaire shall be submitted for any proposed
lighting on the site.
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ATTACHMENTS
Attachment A — Area Map
Attachment B — Holy Cross Church concept plan
Attachment C — VDOT CG -11 Standard
Attachment D — Letter from Marla Muntner and Laurie Collins, dated October 14, 2006
Attachment E — SP 2004-00029 Application
Attachment F — Site photographs
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