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HomeMy WebLinkAboutSP200700042 Legacy Document 2007-12-04COUNTY OF ALBEMARLE STAFF REPORT SUMMARY Project Name: Staff: Scott Clark SP 2007-00042 Grace Baptist Church Planning Commission Public Hearing: Board of Supervisors Public Hearing: December 11, 2007 January 9, 2008 Owner/s: Grace Baptist Church; Donald W Applicant: Grace Baptist Church; Donald W Marion, Ruth Johansen & David Micklem, Trs. Marion, Ruth Johansen & David Micklem, Trs. Acreage: 5.18 acres Special Use Permit: 10.2.2.35, Church building and adjunct cemetery TMP: Tax Map 33 Parcel 56 Existing Zoning and By -right use: Location: Watts Passage Rd (Route 600), RA -- Rural Areas: agricultural, forestal, and approximately 1,750 north of the intersection with fishery uses; residential density (0.5 unit/acre); Pritchett Ridge Lane. Magisterial District: Rivanna Conditions: Yes RA (Rural Areas) Requested # of Dwelling Units: n/a Proposal: New church with seating for 280 Comprehensive Plan Designation: persons. Rural Areas Character of Property: Mixed deciduous- Use of Surrounding Properties: Residential coniferous woods, thinned and with minimal uses on wooded lots of approximately 5 acres, and understory. residential, agricultural, and forestal uses on parcel of approximately 20 to 40 acres. Most parcels have wooded landcover. Factors Favorable: Factors Unfavorable: 1) The site can support the proposed use 1. The scale of the proposed church is without negative impacts to public health larger than most traditional rural and safety. VDOT has stated that Watts churches. However, the size is Passage Road has the capacity for the consistent with some other churches increased traffic generated by this use. approved by the County, and the 2) Churches can provide community meeting applicants have proposed buffers and places. a site design that would reduce the visual impacts of the facility. RECOMMENDATION: Staff recommends approval of this Special Use Permit, with conditions. SP 2007-042 Grace Baptist Church PC 12-11-07 BOS 1-9-08 Petition: PROPOSED: New church with seating for 280 persons. 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: RA -- Rural Areas: agricultural, forestal, and fishery uses; residential density (0.5 unit/acre) ENTRANCE CORRIDOR: No LOCATION: Watts Passage Rd (Route 600), approximately 1,750 north of the intersection with Pritchett Ridge Lane. TAX MAP/PARCEL: Tax Map 33 Parcel 56 MAGISTERIAL DISTRICT: Rivanna Character of the Area: The property is located in the Rural Areas, on a low ridge that drains to the North Fork Rivanna River and Preddy Creek. The majority of the area is in deciduous woods, with some open fields, but the land has been fragmented into small wooded subdivision lots along the roads and ridgetops. At lower elevations and along streams, parcels are generally larger and include a mix of farms and forests. Specifics of the Proposal: The proposed church (see Attachment C) would be located in a two-story building (ground floor plus basement) with a footprint of 10,700 square feet. The upper story would contain the sanctuary (with seating for 280), and the basement would contain classrooms. The site would include 93 parking spaces (1 space per 3 seats), and would have designated undisturbed buffers at the side and rear property lines (see condition 2 under "Recommendation"). Planning and Zoning History: There have been no previous special use permit or rezoning requests on this property. 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. Staff has reviewed the site for direct impacts on resources identified as important in the Comprehensive Plan. The soils on the site are rated as Prime or Locally Important for agriculture, and as "Hardwoods I," indicating high forestal producitivity. However, the parcel is smaller than is normally considered viable for agriculture or forestry. The Rural Areas chapter of the Comprehensive Plan encourages facilities that support connections between rural residents. However, the scale of this church indicates that it may serve both Rural Area and Development Area residents. The Rural Areas Plan also calls for "community meeting places, a basic level of services, and rural organizations and other cultural institutions at traditional rural scales...." This facility would have a 10,700 - SP 2007-042 Grace Baptist Church PC 12-11-07 BOS 1-9-08 2 square -foot footprint and 21,400 square feet of total floor area (including the ground floor and basement), with 93 parking spaces, which would be significantly larger than traditional churches in the Rural Areas. The County has approved several churches of similar size and seating capacity in the Rural Areas. However, the total square footage of this church would be larger. Church File Number Year Approved Seats Total Square Feet Calvary Baptist Church SP 83-7 1983 300 3,600 Maple Grove Christian Church SP 84-40 1984 250 16,553 Crozet Church of God SP 89-25 1989 250 3,825 Covenant Church of God SP 90-35 1990 800* Unbuilt Unity Church in Charlottesville SP 91-71 1992 300 7,570 Blue Ride Community Church SP 98-69 1999 250 4,000 Unity Church SP 03-43 2004 250 9,254 Grace Community Church SP 04-23 2004 500 19,338 First Christian Church SP 06-20 2007 306 14,280 * A later application for a 300 -seat church on this same site was denied due to concerns over possible routing of the Meadowcreek Parkway. This application is subject to the Religious Land Use and Institutionalized Persons Act of 2000 ("RLUIPA"). One key provision of RLUIPA states: No government shall impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless the government demonstrates that imposition of the burden on that person, assembly, or institution — (A) is in furtherance of a compelling governmental interest; and (B) is the least restrictive means of furthering that compelling governmental interest. (italics added) 42 U.S.C. § 2000cc(a)(1). RLUIPA also requires that land use regulations: (1) treat a religious assembly or institution on equal terms with nonreligious assemblies and institutions; (2) not discriminate against any assembly or institution on the basis of religion or religious denomination; and (3) not totally exclude religious assemblies, or unreasonably limit religious assemblies, institutions or structures, from the locality. 42 U.S.C. § 2000cc(b).This application has been reviewed for compliance with these requirements. 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, Given the small size of the property (5.18 acres) in combination with the footprint of the church, and the proximity of adjacent dwellings (the nearest houses would be approximately 250 feet from the proposed church), impacts on adjacent properties are of concern. Staff requested additional information on how this facility would impact wells and septic fields on adjacent properties. The applicant's groundwater consultant reported (see Attachment D) that the likelihood of the church's well interfering with groundwater supplies on adjacent parcels "can be considered very remote." Also, the consultant stated that the proposed location of the church's septic field would make it unlikely that that field would impact adjacent parcels. The proposed 20 -foot undisturbed buffers on the site would be created from the existing thinned woods on the SP 2007-042 Grace Baptist Church PC 12-11-07 BOS 1-9-08 site. The majority of the vegetation consists of canopy trees, with limited understory. Thus the buffers would provide less screening to the adjacent properties than they would if the understory and shrub layers were intact. Staff has recommended a condition of approval that would require augmentation of these buffers to provide additional screening to the adjacent properties. that the character of the district will not be changed thereby and This area is rural, but extensive suburbanization has occurred, with houses lining Watts Passage. Most landcover is wooded. Staff requested that the applicants maintain as much of the existing wooded cover as possible on the site. The proposed conceptual plan includes buffers on all sides of the proposed facility that would maintain portions of the existing vegetation. The applicants have also moved the proposed parking area behind the building to reduce the visual impacts of the parking. with uses permitted by right in the district, The property and the adjacent properties are zoned Rural Areas. The uses permitted by right under RA Zoning directly support agriculture, forestry, and the conservation of rural land. Part of the vision for the Rural Areas outlined in the Comprehensive Plan 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. Although this facility is larger than traditional rural churches, it could provide a meeting space and resource for members of the community. with the additional regulations provided in section 5.0 of this ordinance, There are no regulations in Section 5.0 of the Ordinance that apply to church buildings. and with the public health, safety and general welfare. The Virginia Department of Transportation (VDOT) has indicated that the planned entrance has sufficient sight distance, and that the proposed right -turn taper is adequate for the proposed use in this location. Although traffic counts have increased on Watts Passage in recent years (from 390 annual average daily trips in 2003 to 680 in 2006), VDOT has stated that the peak traffic levels for the church and for the road as a whole would not coincide and, as such, the capacity of the road is sufficient to accommodate the additional trips associated with this church. Even at the higher overall traffic level, the proposed entrance improvements would meet VDOT's standards. Condition 6 would require VDOT approval of the entrance design before site plan approval. VDOT has not recommended any other improvements to Watts Passage to accommodate this church. Staff has recommended approval with condition 7, which would require Virginia Department of Health approval of the well and septic system for this use. Research by the applicant's groundwater consultant indicated that, given the surrounding geology, it is likely that sufficient groundwater can be found to support the use. However, the applicants should verify water supply before constructing the facility. The consultant reported that soils on the site are generally favorable for the use of conventional septic systems. SUMMARY: Staff has identified the following factors favorable to this application: 1. The site can support the proposed use without negative impacts to public health and safety. VDOT has stated that Watts Passage Road has the capacity for the increased traffic generated by this use. 2. Churches can provide community meeting places. Staff has identified the following factors unfavorable to this application: 1. The scale of the proposed church is larger than most traditional rural churches. However, the size is SP 2007-042 Grace Baptist Church PC 12-11-07 BOS 1-9-08 4 consistent with some other churches approved by the County, and the applicants have proposed buffers and a site design that would reduce the visual impacts of the facility. RECOMMENDED ACTION: Based on the findings contained in this staff report, staff recommends approval of SP 2007-42 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 "Grace Baptist Church Special Use Permit — Concept Plan", prepared by Brian P. Smith PE Civil Engineering, Inc., and dated "October 26, 2007." 2) As part of the site development plan for this use, a tree conservation plan for the "area not to be disturbed" and the "woods to remain", as shown on the plan, shall be submitted and approved by the Director of Zoning and Current Development to the specifications of sections 32.7.9.4(b) and (c) of the Zoning Ordinance. a) No grading or tree removal shall take place within these areas, provided that dead or diseased trees may be removed with prior approval of the Director of Zoning and Current Development. Such approval may require replacement plantings to maintain screening. b) The tree conservation plan shall include a planting plan to fill gaps in the existing vegetation to improve screening on the side property lines. c) All plantings shall be species listed in the brochure titled "Native Plants for Conservation, Restoration, and Landscaping: Piedmont Plateau," published by the Virginia Department of Conservation and Recreation. 3) The area of assembly shall be limited to a maximum 280 -seat sanctuary. 4) A lighting plan reasonably limiting the amount of adverse outdoor light pollution shall be submitted to the Zoning Administrator for approval as a condition of preliminary site plan approval. 5) There shall be no day care center or private school on site without approval of a separate special use permit. 6) Virginia Department of Transportation approval of entrance improvements shall be required prior to approval of the site plan. 7) Virginia Department of Health approval of the adequacy of well and septic systems for the proposed use shall be required prior to approval of the site plan. ATTACHMENTS A. Location Map B. Detail Map C. Conceptual Plan D. Groundwater consultant's report SP 2007-042 Grace Baptist Church PC 12-11-07 BOS 1-9-08 Attachment A SP 2007-042 Grace Baptist Church PC 12-11-07 BOS 1-9-08 6 Attachment B 33-56 10' Contour - Streams Roads Water Body Driveways Parcels r"Tz�Feet - ' o w too zob Buildings Parcel of Interest SP 2007-042 Grace Baptist Church PC 12-11-07 BOS 1-9-08 7 Attachment C TMP 33-55 Georgeann Roberts 75' Front building setback Ex. 15' utlllty easement WHERE P0551BLE, 51GNIFICANT TREE5 5 nirgt A for undergqround power, / }, WILL BE SAVED AND PROTECTED. Hyl y� R and telepbone. Both / Use: Residence to remain. QUALITY 5WALE NEV+i SLOPE DIr2EGTION-I . (TYPICAL) NEW WELL- ,lr, / NEW DUMPSTER TMP 3Ghmio ' N35°25'38"1= f36b.-f 5' - Thomas Ghmiola - Zonfnc�: RA 20' undisturbed kx ffer ariein 5etbacic AREA NOT TO 8E D15TURBED NUOD5 TO REMAIN kNTAGT _.% 5.01 acres TMP 33-35E — — — T K 9__., Use: Re5lderce Next Generation LLG--.<-� a �-7 F ,� °g'; :• ` F, �..� 7 / O 482 /l / '— a �.x �� H Y i I h Zoning: RA 4T0- 30.63 acres Use: Vacant f — 5D' sidebuildl�setbacE� f — — — I Iif J PL�Yiy�V��DCn PLAY y IG 5PAGE5 f GROUND ^ GROUND ! 9 h�� 1 14 FAj;�F5 e J/J 1 V C Y Y �.t pkv I I - NEH 100 -FOOT TAPER ESTIMATED -i b, CHURCH n �! { AREA F5Ei2VED I U 468 PROPOSED----' rEOR SEr IG FIELD I � c nQ + NEH 1310 -FILTER WiTii DE EN ioN + 2-5TORIES TREELIKE { a FF=5ANGTUARY N p. BSMT=GLA55 ROOMSLL / I o _� 4 _ FF=484 LL( �� l / TMP 33-51B ti b'J I m B5MT=4-12 41 Peter Wlldmart rr c L 2D.76'— I 14 SPACES r r Zoning: RA / - - 4 T- o) �' _ 16 SPAGS Q 0/ Use: Vacant i7.36' + / � /y / �! 5 TWIRE SITEOODED - -100_00' —_ r 0 r state Route 600 1 J Watts Passage Road + q p a NEW e10-1=1LTER KT14 rETExTioty 468 -~) 50' lde-k�wlldng yetback� _��- ry T �, , - � �, E - 4�a �}��y� �. � ` ��" •a pan% � \ �,�_.� j < "g haw J— I �.. t/ / rte' z a a_� -r 20' undisturbed tyuffer ff parking setback AREA NOT TO BE 015TIJ !F -P -WOODS TO REMAIN INTACT _ Existing 40' R/W 535°25'38"W TT6.g5' _5 of to publandIc uto be dedicated NEW TREE5 NEW EVERGREEN 5HRUB5 TO AID WITH PO5515LE- (TYPICAL) V150AL IMPACT OF THE PARKfNG AREA.;.__.. ` SAME ON THE OPPOSITE SIDE - W 526 ITHIN THE 20 -FOOT UNDISTURBED BUFFER k;;. ? 154'54"E -- CANOPY TREES WILL 13E ADDED WHERE THERE 15 AN OPENING. / I 40.0-V -AND UNDER5TORY TREES AND SHRUBS WILL BE ADDED WHERE THIN.- / TH15 WILL AL50 APPLY TO THE SUFFER AREA ON THE OPP051TE SIDE. ! THI5 WILL AID IN LIMITING V154JAL AND NOISE IMPACTS. ` Ex. edcje of pavement CANOPY TMP 33-5i W1111am or Susanne Cummings Zoning: RA 6.39 acres - - - - Use: Residence r SP 2007-042 Grace Baptist Church PC 12-11-07 BOS 1-9-08 Attachment D Virginia Groundwater Science -based Well Drilling Virginia Groundwater LLC Nick H. Evans PhD CPG 4609 Burnley Station Road Barboursville, virginia 22923 www. virginiagroundwater. com October 23, 2007 Mr. Scott Clark Senior Planner, Albemarle County Department of Community Development 401 McIntire Road Charlottesville VA 22902 RE: Grace Baptist Church proposal, Watts Passage Dear Scott: I have been asked by representatives of Grace Church to provide you with input regarding groundwater availability and septic field suitability at the proposed church site on parcel TM33-56, and possible impacts to neighboring wells and septic fields. Summa of _findin s 1) It is likely that a well with adequate yield to serve the proposed church can be constructed on site, although groundwater has proven scarce on some nearby lots 2) Soils on site are favorable to installation of a conventional septic field. The ultimate placing of both well and septic field may require modifications to site plan. 3) The likelihood of impacts from the proposed church to existing wells and septic fields on adjoining parcels is very remote. Groundwater availability The parcel is within the Lynchburg Group geologic formation, which consists of metamorphosed interbedded sandstone, siltstone and shale. These rocks contain no primary porosity between individual mineral grains; groundwater occurs in fractures and fissures that occur in the rock. In general, this formation is relatively favorable in terms of water well productivity. Of 298 wells in the county database that are drilled into these rocks, the average yield is about 10 gallons per minute There are, however, indications that in the vicinity of parcel TM33-56, groundwater is scarce on some parcels. The county database contains several wells within 2000 feet of the site that have reported yields of zero (dry holes). I know from personal experience, Of two lots on nearby McClary Court, where dry holes or very low yield wells were drilled in attempts to find water supplies for single-family dwellings. It would be advisable for SP 2007-042 Grace Baptist Church PC 12-11-07 BOS 1-9-08 Grace Church to verify groundwater availability on site before proceeding with construction. Septic field suitability Soils on the parcel are mapped as Elioak and Glenelg loam on the Albemarle County Soil Survey of 1985 (USDA Soil Conservation Service) These soils are deep, well drained and moderately permeable. The SCS classifies these soils as "moderate" in terms of suitability for septic tank absorption fields. In the vicinity of parcel TM33-56, septic fields have been successfully sited on numerous parcels of similar size, with similar soils While no test borings were conducted during reconnaissance on site, indications are that a suitable septic field could be located on this parcel. The ultimate locations of both the well and the septic field may dictate necessary changes to the site plan. Potential impacts to neighboring wells and septic fields Wells Fractured bedrock aquifers are very difficult to model in the absence of detailed knowledge of the underground geometry of fractures that transmit groundwater. Known instances where water wells on adjoining lots interfere with each other are rare in Albemarle County but can occur when both wells are drilled into the same set of fractures. It is not possible to state with certainty whether or not a well drilled on the church parcel will impact existing wells on adjoining parcels. However, on the basis of what we know of wells drilled in close proximity on adjoining lots in similar geology, the likelihood of interference can be considered very remote It should be noted that use of water by the church will be for the most part limited to days and times when services are conducted (Sundays and Wednesday evenings). Groundwater extraction by the church will not be consumptive, to the extent that water extracted from the ground will be returned to the ground through the septic field. Overall, it is anticipated that there will be no discernable impact to the local water table from the proposed use. Septic fieids The topography of parcel TM33-56 is such that it is unlikely that there could be any impacts to existing septic fields on adjoining parcels from the proposed use. Although not located precisely, it appears that existing septic fields on parcels TM33-57 and TM33-55 are up hill from TM33-56 As such, these fields would not be affected by septic field loading or runoff on TM33-56. Please contact me if you have questions or would like clarification on these findings. Best Regards; Nick Evans 434-466-1280 SP 2007-042 Grace Baptist Church PC 12-11-07 BOS 1-9-08 10