HomeMy WebLinkAboutSP201700010 Other Special Use Permit 2017-07-12 •
Cameron Langille
From: Francis MacCall
Sent: Wednesday,July 12, 2017 12:30 PM
To: Cameron Langille
Subject: Conditions for City Church
Attachments: STANDARD SP CONDITIONS CERTAIN USES.doc
Cameron,
The following comes from a document that has been drafted since 2002. I will attach it for your further use. It may
need some revision, but that is a later project. There are some recent SPs for churches that have been approved that
you can glean data from as well.
Churches:
What the conditions should cover:
• The intensity of activity on-site (establish a maximum area of assembly or seating capacity of):
• limit any activities not part of review requiring additional SP (day care, private school)
• Consider necessary conditions that ensure safe public road access to the site (VDOT and Engineering Dept.
approval).
• Health Dept. approval of well and/or septic system (IF NECESSARY
• Commercial buffers may be applied adjacent to residential properties because churches are more commercial than
residential in character. This is dependent on each situation.Should be reviewed on a case-by-case.
• For RA churches, conditions that ensure that site will be developed in a character more consistent with the rural
area.
• Often SP requests are to address violations,conditions need to be applied which are consistent with Zoning Dept.'s
requirements and schedule for addressing the violation, particularly as regards approval period for SP and the length
of time provided for completing work.
Standard Conditions:
1. The church's improvements and the scale and location of the improvements shall be developed in general accord
with the conceptual plan (or attached site plan) entitled, "XX," prepared byXX, and dated 2/30/00;
2. The area of assembly shall be limited to a maximum XX-seat sanctuary (or maximum XX square feet).
* Commercial setback standards, as outlined in Section 21.7.2 of the Albemarle Zoning Ordinance, shall be maintained
adjacent to residential uses or residentially zoned properties (including RA zoned property; APPLY AS NECESSARY
AND APPROPRIATE);
4. There shall be no day care center or private school on site without approval of a separate special use permit;
5. Construction of(specific structures or as shown on plan—"the X00-seat sanctuary") shall commence within X(4-5)
- years, or this special use permit shall expire (USE THIS CONDITION WHEN ADDITIONAL TIME IS REQUESTED AND
DEEMED APPROPRIATE);
6. VDOT approval of... (commercial entrance[s] or other specific items requiring documentation—full frontage
improvements, drainage, etc.). Engineering Dept. approval for...[on-site road or private road access may also be
needed]).
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I:\dept\planning\share\Standard SP Conditions,certain uses 1/02
STANDARD CONDITIONS FOR CERTAIN FREQUENT SPECIAL
USE PERMITS
The following are standard conditions which should be use for certain types of special permits
which are frequently submitted for review The standard conditions may need to be modified on
occasion to meet to meet unique circumstances related to the proposal, but the intent is to use the
consistent form as much as possible. Additional conditions may also be necessary on occasion
depending on the circumstances of that particular case.
Please note the following points when developing the conditions:
• Prior special permit conditions that will be carried forward in conditions for a new
approval should be completely restated, not referenced,in the new set of conditions.
• SP conditions should not restate or reference any regulations/procedures which would
already apply to the project/use under normal application of the ordinance(s)(ex:
"exterior lighting shall be shielded..."). Any comments intended to put applicant on
notice of regulations/processes,etc. should be placed in the text of the Board of
Supervisors' Action Letter.
• Supplementary regulations and performance standards applicable to SP should be
attached to the Board of Supervisors' action letter.
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Standard conditions for the following SP uses: churches; day care;private school; home
occupation, class B,floodplain crossing; outdoor sales/display, drive-in window; veterinary
offices/hospitals.
Churches:
What the conditions should cover•
• Intensity of activity on-site(establish maximum area of assembly, or seating capacity of):
• limit any activities not part of review requiring additional SP(day care,private school)
• Consider necessary conditions that insure safe public road access to the site(VDOT and
Engineering Dept. approval).
• Health Dept. approval of well and/or septic system(IF NECESSARY
• Commercial buffers may be applied adjacent to residential properties because churches are
more commercial than residential in character. This is dependent on each situation. Should
be reviewed on a case-by-case.
• For RA churches, conditions that insure that site will be developed in a character more
consistent with the rural area.
• Often SP requests are to address violations,conditions need to be applied which are
consistent with Zoning Dept.'s requirements and schedule for addressing the violation,
particularly as regards approval period for SP and the length of time provided for completing
work.
Standard Conditions•
1. The church's improvements and the scale and location of the improvements shall be
developed in general accord with the conceptual plan(or attached site plan)entitled, "XX,"
prepared by XX, and dated 2/30/00;
2. The area of assembly shall be limited to a maximum XX-seat sanctuary(or maximum XX
square feet).
3. Commercial setback standards, as set forth in Section 21.7.2 of the Albemarle Zoning
Ordinance, shall be maintained adjacent to residential uses or residentially zoned properties
(including RA zoned property; APPLY AS NECESSARY AND APPROPRIATE);
4. There shall be no day care center or private school on site without approval of a separate
special use permit;
5 Construction of(specific structures or as shown on plan—"the X00-seat sanctuary") shall
commence within X(4-5)years or this special use permit shall expire(USE THIS
CONDITION WHEN ADDITIONAL TIME IS REQUESTED AND DEEMED
APPROPRIATE);
6. VDOT approval of... (commercial entrance[s] or other specific items requiring
documentation—full frontage improvements, drainage, etc.). Engineering Dept. approval for
...[on-site road or private road access may also be needed]).
7. Health Department approval of well and/or septic systems(IF NECESSARY).
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Day Care:
What the conditions should cover:
• Intensity of the activity on-site;
-maximum enrollment;
-hours of operation.
• Require state licensure as a condition if required by the State(and note County and State
Code relationship). [REQUIRED CONDITION IF OPERATION REQUIRES STATE
LICENSURE]
• Right of periodic fire official review of premises.
• Consider necessary conditions that insure safe public road access to the site.
(VDOT and/or Engineering Dept. approval).
• Health Dept. approval of well and/or septic system(IF NECESSARY).
• Often SP requests are to address violations, conditions need to be applied which are
consistent with Zoning Dept.'s requirements and schedule for addressing the violation,
particularly as regards approval period for SP and the length of time provided for completing
work.
• Typically commercial buffers are applied adjacent to residential properties because day care
centers are more commercial than residential in character.
• Hours of operation may need to be considered for unique circumstances
Standard Conditions.
1. The maximum number of children shall not exceed XX(XX)or the number of students as
approved by the Health Department or the Department of Social Services,whichever is less;
2. VDOT approval of... (commercial entrance[s] or other specific items requiring
documentation—full frontage improvements, drainage, etc.). (Engineering Dept. approval
for on-site road or private road access may also be needed;
)
3. Health Department approval of well and/or septic systems. (IF NECESSARY)
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Private School:
What the conditions should cover:
• Intensity of the activity on-site:
- maximum enrollment;
- hours of operation(consider evening operations events and condition appropriately).
Consider necessary conditions that insure safe public road access to the site(VDOT and/or
Engineering Dept. approval).
• The use is considered commercial in character and commercial setbacks should be applied
adjacent to residential properties.
• Condition other public safety improvements (ex. fencing of hazardous areas).
• Health Dept. approval of well and/or'septic system(IF NECESSARY).
• Often SP requests are to address violations, conditions need to be applied which are
consistent with Zoning Dept.'s requirements and schedule for addressing the violation,
particularly as regards approval period for SP and the length of time provided for completing
work.
• Hours of operation may need to be considered for unique circumstances.
Standard Conditions:
1. Maximum enrollment shall be XX students;
2. Normal hours of operation for the school shall be from X:XX a.m.to X:XX p.m. provided
that occasional school-related events may occur after X:XX p.m.
3. VDOT approval of... (commercial entrance[s] or other specific items requiring
documentation—full frontage improvements, drainage, etc.). (Engineering Dept. approval
for on-site road or private road access may also be needed;
4. All uses associated with the school shall comply with the commercial setbacks set forth in
Section 21.7.
5. Health Department approval of well and/or septic systems. (IF NECESSARY)
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Floodplain Crossing:
What the conditions should cover•
• Engineering issues primarily need to be addressed. Necessary plans and state and federal
approvals need to be identified.
• Land use issue to be addressed(which may or may not require conditions):
- is the stream navigable(canoe/kayak);
- is it designated a state or local(Moorman's) scenic stream/river or is otherwise
significant;
- is there a reasonable alternative on-site or adjacent to the property;
- should access to the proposed crossing be provided for adjacent properties through
conditions. This addresses the objective of limiting the impacts of crossings(individual
and cumulative impacts)to streams , or due to other unique circumstances;
- purpose of the crossing(building site, farm land(field/barn)access, etc)
(These may generate certain types of conditions but no one standard could be established.)
• Often SP requests are to address violations,conditions need to be applied which are
consistent with Zoning Dept.'s requirements and schedule for addressing the violation,
particularly as regards approval period for SP and the length of time provided for completing
work.
Standard Conditions•
1. Engineering Department approval of an erosion and sediment control plan;
2. Engineering Department receipt of proof of compliance with Federal and State agencies
regulating activities affecting wetlands and watercourses;
3. Engineering Department approval of a mitigation plan outlining mitigation measures for
encroachments into the stream buffer;
4. Engineering Department approval of computations and plans documenting changes to the
floodplain. Computations must demonstrate compliance with Sections 30.3.2.2 [verification
of limits of floodway and floodway fringe] and 30.3.3 [general requirements for flood hazard
overlay districts] of the Zoning Ordinance. Plans must show the existing and proposed
floodplain boundaries and elevations.
S. Engineering Department approval of structural plans, details, and computations; (FOR
BRIDGES)
6. The landowner shall have the right to maintain,repair, and replace the bridge and floodplain
crossing provided that the replacement, if any, shall be in substantial accord with the design
of the original bridge and floodplain crossing unless modifications thereto are approved by
the Engineering Department. The County Engineering Department shall review all proposals
for major repairs to or replacement of bridge/floodplain crossings.
7. The County shall have the right, after providing reasonable prior notice to the occupant,to
enter the property during daylight hours for the purpose of inspecting this stream crossing in
order to verify compliance with County regulation.
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Outdoor Sales and Display:
What the conditions should cover.
• Consistency with ARB Entrance Corridor Guidelines.
• Will cover issues of concern identified by ARB and Design Planner.
• Conditions will usually be based on specifics of each case
• Sales and Displays reviews generally fall into 2 categories: 1)car dealerships; 2)"products"
for sale(Wal-Mart, garden or building supply store)
Standard Conditions
(for car dealerships)•
1. Vehicles shall not be elevated anywhere on site.
2. Vehicles shall be displayed only in areas indicated for display shown on the site plan entitled
"Stumpy Dave's Car Sales,"dated 2/30/0X;
3. The display area shall be landscaped with the following: (IF SPECIFIC LANDSCAPING IS
RECOMMENDED).
- Three X"caliper trees in the southeast portion of the property.
- X"shrubs,X' on center, along the 104-foot-long grass area at the eastern end of the
south side of the site.
OR,
The display area landscaped in general accord with the lansdscape plan entitled, "XX,"
prepared by XX, and dated 0/00/00.
(for products).
1.' Products shall be displayed only in areas indicated for display shown on the plan entitled
"XXXX,"prepared by XX,dated 2/30/0X;
2. No additional luminaries shall be introduced to the site for the purpose of illuminating sales
display area;
3. The display area shall be landscaped with the following: (IF SPECIFIC LANDSCAPING IS
RECOMMENDED).
- Three X"caliper trees in the southeast portion of the property.
- X"shrubs,X' on center, along the 104-foot-long grass area at the eastern end of the
south side of the site.
OR,
The display area landscaped in general accord with the lansdscape plan entitled, "XX,"
prepared by XX, and dated 0/00/00.
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Drive-In Windows:
What the conditions should cover:
• The number of windows and/or ATM's approved.
• If in EC, needs condition requiring ARB approval(Cert. Of Appropriateness.)
• Location and site/circulation improvements may need to be required as part of SP conditions
(case-by case situation (no one standard condition could be applied).
Standard Conditions.
1. Drive-through windows will be limited to XX(X); and
2. Architectural Review Board issuance of a Certificate of Appropriateness. (f necessary/in EC
Overlay District)
3. Applicant is responsible for installation and maintenance of control devices such as by-pass
lanes, signage, and pavement markings as indicated on the site plan amendment
Home Occupation Class B:
What the conditions should cover.
• Compliance with supplementary regulation. Some of the supplementary regs. may require
certain specific conditions be established regarding total floor area, location of use, character
of the building being used for home occ.; extent of sales on-site(special events); etc...
• Intensity of the activity on-site may need to be covered
• Consider necessary conditions that insure safe public road access to the site.
(VDOT and/or Engineering Dept. approval may be needed).
• Health Dept. approval of well and/or septic system(If necessary).
• Often SP requests are to address violations,conditions need to be applied which are
consistent with Zoning Dept.'s requirements and schedule for addressing the violation,
particularly as regards approval period for SP and the length of time provided for completing
work.
Standard Conditions.
1. The normal hours of operation shall be from 8:00 a.m.to 5:00 p.m. Monday through Friday;
(IF NECESSARY AND APPROPRIATE)
2. The home occupation shall be limited to the basement area as it currently exists(1,614 square
feet). (IF NECESSSARY,, FOR HOME OCC.AREA LARGER THAN THAT PERMITTED BY
SUPPLIMENTARY REGULATIONS) -
3. The Home Occupation shall serve no more than XX(#)clients per week. (IF NECESSARY
TO LIMIT ON-SITE VISITS)
6. VDOT approval of entrance(s). (Engineering Dept. approval for,on-site road or private road
access may also be needed)(IF NECESSARY)
I:\dept\planning\share\standard condition, certain uses.doc
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