HomeMy WebLinkAboutSP200900029 Review Comments Special Use Permit 2010-05-04Proposal
AL BEMARLE COU NTY DE PARTM ENT MMUNITY DEVELOPMENT
STAFF REPORT
SP 2009 -029 Charlottesville Kingdom Hall
Planning Commission Public Hearing: May 4, 2010
Owners- East Congregation of Jehovah's Witnesses,
Morgan Davis, et all Trustees
Acreage: Approximately 3.58.3 acres
TEMP; TIN: 76 P: 51
Location. 665 Old Lynchburg Road (Route 631), at the
intersection of Old Lynchburg Road and Sunset Avenue
Extended_ (Attachments A & B)
Magisterial District; Scottsville
Staff: Claudette Grant
Board of Supervisors Hearing, To be determined.
Applicant East Congregation of Jehovah's
Witnesses, Morgan Davis, et al Trustees
Special Use Permit for: Church by special use
permit in R-2 and R-4, Residential districts.
By -right use: Approximately 8 -- 12 dwellings. The
existing special use permit allows for a church use.
CondltIons: Yes EC: Yes
Proposal: Modify layout of approved plan (SP2008 -087) to Requested # of Dwelling Units: 0
include a new building and parking lot location. The special
use permit request allows for a Church in the residential
districts.
OA (Development Area ); Neighborhood 5
Character of Property: The property is primarily hilly and
wooded with an existing church and related parking located
on it.
Factors Favorable;
1. The special use permit provides an institutional use
which is supported by the Comprehensive Plan on
Neighborhood Density Residential.
. Accommodation is made for a possible future road,
which could connect to the adjacent property
(Southwood Mobile Home Park).
3. The factors supporting approval of the original
special use permit have not changed.
4. No ordinance changes have taken place which
would affect development of the site.
Comp. Plan Designation: Neighborhood Density
Residentist — residential (3 -6 unitslacre) and
supporting uses such as religious institutions and
schools and over small -scale non- residential uses.
Use of Surrounding Properties: Primarily single
family residences_ Berean Baptist Church is located
across the street and Southwood Mobile Horne Park
is Located adjacent to the site.
Factors Unfavorable:
1 _ The parking area is not relegated on the site.
2. Circulation shown on the plan does not meet
County standards; however, it can be
corrected at the site plan stage_
3_ The church does not propose to connect to
public sewer at this time; however, it will
connect when sewer lines are brought closer
to the site.
RECOMMENDATION: Staff recommends approval of SIB 2009 -029 Charlottesville Kingdom Hail with revisions to
the originally approved conditions. Staff recommends approval of critical slopes waiver-
ChVkft*Wft KAVEhl K0
STAFF PERSON: Claudette Grant
PLANNING COMMISSION: May 4, 2010
BOARD OF SUPERVISORS:
SP 009 -029: CHARLOTTESVILLE KINGDOM HALL
Petition:
PROJECT: SP20090002 1 hakrlottesville Kingdom Fall
PROPOSED: Modify layout of approved plan (SP2008 -057) to include a new building and
parking lot location. No residential units proposed.
ZONING ATE ORYI ENERAL USAGE: R -2 residential - 2 units per acre and -4
Residential - 4 units /acre.
SECTION; Sections 14.2.2.12 and 15.2.2.12 of the Zoning Ordinance which allow for
Churches.
COMPREHENSIVE PLAN LAND USE/DENSITY: Neighborhood Density Residential -
residential (3 unitstacre) and supporting uses such as religious institutions and schools and
other small -scale non-residential uses in Neighborhood 5.
ENTRANCE CORRIDOR: Yes
L0CATION: 665 01 d Lynchburg Road (Route 6 3 1), at the intersection of Old Lynchburg Road
and Sunset Avenue Extended_
TAX MAPIPAR EL; 76/51
MAGISTERIAL DISTRICT: Scottsville
Character of the Area and Admoining properties-,
The subject property lies at 665 Old Lynchburg Read (Route 631), at the intersection of Old
Lynchburg Road and Sunset Avenue Extended. See Attachment A for the Zoning Map and
Attachment B for the Location Map. The surrounding area consists of residential units, the
Berean Baptist Church, located across the street, and Southwood Mobile Home Park, located
adjacent to the site_
Specifics of Proposal:
The applicant's request to allow a church in a residential district is unchanged from the
approved special use permit (SP 008-057).
• The approved special use permit included an 8,500+ square foot, one story building with a
basement and two auditoriums, each seating 175 people. (See Attachment D)
• The applicant has requested to change to a 5,000 square foot, single- -story building, which
seats 190 people_ (See Attachment )
This request includes the following changes. a smaller building and a parking lot in a different
location. The proposed changes will allow a less costly new church building.
The applicant has submitted a revised concept plan. which has been reviewed by staff. Due to
the physical constraints of the site, such as the hilly terrain and steep drop off at the rear of the
site, this is a challenging site to develop_ Staff motes two issues in the paragraph below. It is
believed that these issues are not so large as to preclude approval of the permit.
The two issues relate to circulation and lack of connection to public sewer. Circulation of
vehicles near the drop off area of the building appears to be tight_ Staff anticipates some minor
redesign of the drop off area during the site plan stage and believes it can be addressed at the
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site plan phase, probably without an amendment to the special use permit_ As discussed with
previous requests, this site is not currently served with public sewer. The difficult situation
regarding location of the closest existing public sewer and the logistics of connecting under Old
Lynchburg Road continue to make this issue difficult to resolve. The closest sewer connection
is 400' away but across Old Lynchburg Road, which would be difficult and costly to bore
through. There is an older connection in the adjacent Southwood Development; however, that
location is 2,000' away. It is expected that the church will connect to public sewer when it is
extended closer to the site. The timing for such an extension is unknown.
Applicant's Justification for the Request:
The approved location of the building included a basement that the applicant has since
realized is cost prohibitive for the church to build. As a result, the applicant decided to
eliminate building the proposed basement and relocate the building on a portion of the site
where it is easier to develop a building at grade_ The applicant believes this will help the
project be more cost effective and easier for them to build. A smaller building is proposed with
fewer seats due to a lower growth rate than what was originally anticipated.
Planning and Zoninc History=
The church was built on the site in 1 981, and SP 2004 -002 was approved on May 4, 2005 to
allow an expansion of the church facility_ DP 00 -002 was suspended on September 29,
2008 because the approved Special Use Permit had expired. SP 008-057 was approved on
March 11, 2009 with conditions to extend the expired Special Use Permit.
Comprehensive Plain:
The Land Use Plan designates this area as Neighborhood Density Residential in
Neighborhood Fire ( ), The Comprehensive Play~ supports institutional uses, such as churches
in Neighborhood Density Residential. The site will not be used for residential purposes.
A full Neighborhood Model Analysis was completed with the approved SP2004 -002, However,
the following Neighborhood Model principle is relevant to this request:
Pedestrian_ Access — Proposed condition number 3 describes an area across the front of the
site to allow the future installation of a sidewalk. This issue is discussed later in the report.
The following Neighborhood Model principle is not met:
Relegated Parking — Existing parking is not relegated and the applicant would like to retain this
parking lot. Proposed parking is an extension of the existing parking area and will be located in
front of the proposed building. Wkh the relocation of the proposed building to the southern
portion of the site, the parking area is the first thing you see as you eater the site, however,
visibility from Old Lynchburg Road is limited. Parking was not relegated an the previously
approved plan,
Waivers;
Section 4. .5 establishes the review process and criteria for granting a waiver of Section 4.2,3,
The attached critical slopes waiver request and analysis from the applicant and comments by
staff address the provisions of Section 4_ 2. (a). See Attachment G for the applicant's c6fical
slopes waiver request and analysis. See Attachment H for staff comment regarding review of
and recommendation for approval_ Staff has included the provisions of Section 4.2.5.3 below:
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The commission may modify or waive any requirement of section 4-2 in a particular case upon
finding that;
A_ Strict application of the requirements of section 4.2 world not forward the purposes of this
chapter or otherwise serve the public health, safety or welfare;
It does not appear possible to develop this property without this waiver, and the critical
slopes are not a significant resource_
B, Alternatives proposed by the developer or subdivider would satisfy the intent and
purposes of section 4. 2 to at least an equivalent degree;
Disturbing the critical slopes to the extent necessary at the existing entrance to the
property, near the perimeter of the existing parking areas will facilitate entrance
construction. The impact of critical slopes disturbed is minimal and most of the areas
being disturbed are man -made from previous development.
Due to the property's unusual size, topography, shape, location or other unusual
conditions, excluding the proprietary interest of the developer or subdrvrder, prohi'bi'ting
the disturbance of critical slopes would effectively prohibit or unreasonably restrict the use
of the property or would result in significant degradation of the property or adjacent
properties; or
The property is somewhat long with very hilly terrain. The property has criticai slopes
primarily at the front and rear of the site. Because of the steep areas located on this site,
the applicant was challenged in terms of locating a building on the property. By using the
existing parking area, and locating the proposed building at the southern end of the site,
the applicant is minimizing the amount of disturbance to critical slopes on the property.
D. Granting the modification or waiver world serve a public purpose of greater import than
would be serves{ by strict application of the regulations sought to be modified or waived_
Granting this waiver will permit construction of a church that will serve the surrounding
community, The amount of disturbance is fairly minimal and much of the slopes are man -
made from previous development_
Staff Recommendation.
Staff review has identified the request for a Critical Slopes Waiver and has identified the
following favorable factors,
Favorable factors:
I . This waiver will allow site improvements and improvements to the church building,
which will serve the surrounding community,
. By disturbing the critical slopes to the extent necessary to construct the building and
parking lot, the applicant will leave a significant portion of the critical slopes at the rear
and front of the site — undeveloped and undisturbed.
Staff review has identified no unfavorable factors that would result from granting this waiver.
After considering these factors. staff recornmends approval of this waiver.
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Staff Comment:
Section 31.6 of the Zoning Ordinance below requires that special use permits be assessed as
follows:
Will the use be of substantial detriment to adjacent property?
No detriment to adjoining properties is anticipated from changr~ in building location for
the church currently exists on the property.
Will the character of the zoning district change with this use?
The character of the zoning district is not proposed to change with the change in location of the
proposed building.
Will the use be in harmony with the purpose and intent of the A" in
The R-2 and R -4 zoning district are intended for residential uses but allows for churches by
special use permit if sited appropriately. The church is viewed as a use supportive to
Albemarle County residents in all residential zones_
WiII the use be in harmony with the uses permitted by riaFtt in the district's
By -right uses in the R-2 district are single family and cluster development, electric, gas, oil and
communication facilities, accessory uses and buildings including home occupations and
storage buildings, temporary construction uses, public uses and buildings, tourist lodgings,
homes for developmentally disabled persons, storm water management facilities and Tier I and
Tier II personal wireless service facilities_ By -right uses in the R -4 district are the same as
previously mentioned for R-2 including, duplex housing, townhouses. attached houses and
quadruplexes. When sited appropriately. churches are viewed as "in harmony" with the
permitted uses of this district_ Staff believes the church use is sited appropriately.
Will the use comply with the additional regulations provided in Section 5,0 of this ordinance?
There are no additional regulations relating to churches.
Will the public health, safety and general welfare of the community be protected if the use is
approved?
The public health, safety. and general welfare of the community are protected through the
special use permit process which assures that the proposed use is appropriate in the location
requested. There is no safety concern with the proposed church use_
VDOT comments are attached and all items can be resolved at the site plan stage, (See
Attachment t)
Regarding future pedestrian access. the approved plan showed a sidewalk area to be graded
in conjunction with the installation of other improvements on the site-, however, with revisions to
the plan, the level of grading and installation of other improvements on the site whore originally
intended will no longer be necessary_ The area at the front of the site that is most appropriate
for a sidewalk is adjacent to Old Lynchburg Road. There is a guard rail in this area and then
the land slopes steeply down a hill making it difficult to install a sidewalk with street trees. The
need for pedestrian access is still appropriate_ As noted throughout this staff report, this site
has sorne diffrcuIt terrain. As shown on the plant, the applicaflt will reserve an area across the
front of the site to allow the future installation of a sidewalk as well as dedicate any necessary
right of way and easements.
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Summary:
The purpose of this request is to change the layout of the approved P2008 -057 plan to
include a new, relocated building and parking lot. The primary change to this request is that the
applicant relocated the church building in order to build the building at grade instead of on fill -
This was done as a cost savings measure for this project-
Staff finds the following factors favorable to this request.
1- The special use permit provides an institutional use, which is supported by the
Comprehensive Plan on Neighborhood Density Residential,
Accommodation is made for a possible future road, which could connect to the
adjacent property (Southwood Labile Horne Park),
- The factors supporting approval of the original special use permit have not
changed.
4. No ordinance changes have taken place which would affect development of the
site-
Staff finds the following factor unfavorable to this request--
1. The parking area is not relegated an the site -
. Circulation shown on the plan does not meet, County standards. however- it can be
corrected at the site plan stage.
. The church does not propose to connect to public sewer at this time; however, it will
connect when sewer lines are brought closer to the site-
Recommended Action:
Staff recommends approval of SP 2009 -029. Charlottesville Kingdom Fall with the following
revisions to the originally approved conditions:
1, The development of the site shall be in general accord with the concept plan
entitled Kingdom Hall' of the Jehovah -s Witnesses prepared by Hardee
JGhR trt SL.A. L so ' , Rag 4--dated January G, 0
Revise 42 08 08 and page -- , -dot 9"R Ua FY 1 20 Revised Balzer
and Associates Inc., Sheet No- 1 of 1. dated 11 -16 -2009 (hereinafter, the
"Concept Plan "). In addition, the following elements shall be in strict accord with
[or "conform to "] the Concept Plan; t -relati. paF ing area to bu +idin
areas. buildiRg areas to the - street, location of the area for sidewalk dedication
and reservation of area for the extension of the Southern Parkway,
2. The area of assembly shall be limited to a maximum of two {- } one
auditoriums with one hundred 6evenly ritr r s7-5) ninety (190) seats iR eaGh;
The final site plan shall show an area torte graded across the front of the site to
allow the future installation of a sidewalk by others (the "sidewalk area "). The
final site plan shalt include a note reserving the rased sidewalk easement and
a five (5) foot right -of -war area for future dedication- The area for dedication shall
allow for a minimum width of a five () foot sidewalk and which shall meet all
applicable VDOT and County standards per Section -7 -2 -8 of the Zoning
Ordinance. The-sidewalk aF:ea shall 13-e - craded in-eo1,.VnGtion witr -
the ins#nllnfan
"hef 4rnprovefRenls on the .rite -- required -by -the -- site -p he t e alk area
shaW-i)e gar,�ifl-s Fiance -w4h- tl g 4�g-s y- the agent..
Upon request by the County, the sidewalk area shall be dedicated for public use.
The owner shall grant all necessary ternperary construction easements to allow
the sidewalk to be installed,
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4_ There shall be no day care center or private school on site without approval of a
separate special use permit; and
_ Construction of the development plan referenced in Condition 1. above shall
commence by Ma T 2 0 13 to rt.date 4 years after date of QQLS_gpp roval 10 r
this special use permit shall expire.
Waiver
Staff recommends. Approval of the critical slopes waiver request.
ATTACHMENTS
Attach merit A - Zoning Map
Attach merit B - Vicinity Map
Attach merit C - Concept Plan, Sheet 1 of 1, dated November 16, 2009
Attachment D -- Approved Development Plan, C-2. dated January 2, 2006, revised. January 1.
2009
Attachment E - Planning Commission Staff Report dated February 3, 2009
Attachment F - Board of Supervisors' Action letter to Hardee Johnston, dated March 27, 2009
Attachment G - Critical Slopes Waiver Request letter to Claudette Grant, dated March 12,
2010
Attachment H - Critical Slope Waiver Comment from Glean Brooks, dated March 19, 2010
Attachment I - Electronic mail from Joel OeNunzio, dated April 23, 2010
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ALBEM46RL1= COUNTY DEPARTMENT OF COMMLIN17Y DEVELOPMENT
7AFF REPORT
Propo"t, SP 20W -1087 CharlotkeswAle
Staff: Claudelie Grartl
Kingdom Halt
Planning Commission Public Hearing;
Board of Suporvlsors Hearing; To be aelerm,nett
February 3. 2009
Owners- East Congr "ation of Jehovah's
App'! leant- Ease Congrepelion a! Jehavatl's
wunesses, Wigan Davis. et WTnnmus
V�ilnesges. #uEorgan Davis, et al Ttruskees
Acreage_ Approximateiy 3_05 acres
Special Use Permit for Church by Special use
permit in R -2 and R-4. Residential districts.
TMP TM- 76 P: 51
By-right use' R.2, residential -2 unelsfacre arid R-
4, residenlae] - 4 unitslacrv; Sections 14.2, 2.12 and
LocaMon: 965 Old Lynchburg Road (Routs 631). al
15.2.2.12 of the Zoning OrdinarFce which aliaw for
the Inlersecticn of OW Lynchburg Road and Sunset
ChurOms
Avenue Extended. (Attachments A & 6)
Magisterial Diskrict; ScotisvMe
Can4itions: Yes EC; Yes
Proposal- Re- aporoyal of exprretF SpeGel Use Permit
Requested # of DMIling Units: 0
— $15210444X2, which is cu rrnntly In the Sake
development proems. The special Use permit request
alkm a Cfeurch In the R -2 and R-4, resanantial
districts
OA (Develppment Area); Neighborhood 5
Camp, Plan Designation; Neighborhood Dens+4y
Resideittlat— residential (3-6 un115 OM) ana
supporting uses such as religious "tiktrtiorts and
sclwots and other amall -scale ni:i"asidentlal uses
Ctiaracter of Property: The area surraunding the
Use of Surmunding Properties; primarily single
chuYC7i is made up of primariiy single farreily
family residences. Ber$an Bsptist ChuFO i5 basted
residences Trio site is adjacent to a mulak home
across the strain and Southwood Mobile Home Pam
park an0 a Church is located acrom the screen
Is located adjacent to the site.
Faetors Fawaraktl�:
Factors Unfavorable:
1. The site will not ciarrenuy be served with
Y. The Special rise Permit prtivides en
public sewer 4wmver, rac*rnmenned
instgtitionat use, which is supported by the
conditions would require hook -up wrien
Comprehenstve Plan on NeeghbOrhood
geyser is available irearby.
Density Resldential.
2. The slte de gn is appropriate
atvibn the topography_
3. Acwrramodation is mane for a passible
future road, wWaPi could oonnacl to the
adjacent property (Soulhwood Mobile
}tonne Park).
4 Trim factors supooriin4 app +oval of tine
original speciat ust permit have nol
Changed.
5. No ordinance changes have lakes place
which would gVeCt devalepment of the site.
RECOMMENDATION: Slat} recommends re• approval at SP 2008.457 Chafthuswelle Kingdom KaiI W.11h
revisions to the on Dinally approved cendit;an8_
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STAFF PERSON, Claudette Grant
PLANNING DOMMISSIDN' February 3. 2009
BOARD OF SUPERVISORS:
SP 0OB -057: CHARLOTTESVILLE KINGDOM HALL
Petition:
PROJECT: SP 00800057 Charioltesville Kingdom Hall
PROPOSED; Re- approval of expired S.U.P. — SP2004-0 02 currently in site development process.
Request for B,U.P_ to allow a Church,
ZONING CATEGORY/GENERAL USAGE: R-2 Residential — 2 unitslacre and R-4 Residential - 4
unitslacre_
SECTIONS: 14,2,2,12 and 13,2.2,12 of the Zoning Ordinance which allow for Churches_
C0 MPRE HENSIVE PLAN LAND U SEID ENS ITY: Neighborhood Density Residential — residential (3 -6
unitslacre) and supporting uses such as religious institutions and schools and other small-scale non -
residential uses in Neighborhood 5_
ENTRANCE CORRIDOR, Yes
LOC Ti0NV 665 Old Lynchburg Road (Route 631), at the intersection of Old Lynchburg road and
Sunset Avenue Extended.
TAX MAPIPARCEL.78{51
MAGISTERIAL DISTRICT: Scottsville
Character of the Area and Ad0oinin9 properties:
The subject property lies at 665 Did Lynchburg Road (Route 631), at the intersection of Old Lynchburg
Road and Sunset Avenue Extended. See Attachment A for the Tax [dap and Attachment B for the
Location Map_ The area consists of residential units, the Berean Baptist Church, located across the
street, and Southwood Mobile Herne Park, located adjacent to the site_
Specifics of Proposal:
The applicant is requesting the re- approval of an expired Special Use Permit — SP 004 -CC , which was
approved May 4, 2005 to allover a Church in a residential district, Section 31 24A of the zoning
Ordinance states "if the use, structure or activity for which a spe ial use permit is issued is not
commenced within twenty -four ( 4) months after the permit is issued, the permit shall be deemed
abandoned and the auf fity granted thereunder shall thereupon terminate. The spacial use permit
expired on May 4. 2007, The applicant has been currently working on a site plan request - SDP 2006
CO.
The site plan under review was suspended c Septern ber 29, 2 OQ6 because of the expiration of the
special use permit_ (See Attachment C for the concept plan) There is one change the applicant Is
requestjng with this application. The applicant is no Iongw- going to provide an apartment in the facility
as originally requested because they no longer have a need to house visitors_ The applicant also has
expressed concerns regarding meeting the timeline for corn plelion as it relates to funding thke Building
renovation. The church is requesting to increase the time all owed for the special use perrnit request to
4 years instead of the 2 year limit associated with special use permit requests, Attached recommended
special use permit conditions have been updated and revised to reflect thane Changes_
The applicant has submitted a revised concept plan Staff has reviewed this plan and notes there are
no significant changes.
Appi icanVs Justlficatton fnr the Reg nest:
Tyre applican, wants to complete the site development process because the Church would like to
provide a Iarger space of wDrship and education for four Congregations, The Comprehensive Plan
designates this area as Neighborhood Density Residential and the guidelines associated with the
Neighborhood Residential designation allow this form of development_
7 umnounv" KLMAbm Fur
PC ruble #luring 2r3M
Planning and Zoning History:
The chur;.n was built 4n the site in 1981, and SP 2004 -002 was approved on May 4, 2005 to allow an
expansion of the church facility. OP2006 -002 was suspended on September 29, 20D8 because the
approved Special Use Permit had expired.
Comprehensive Plan:
The Land Use Plan designates this area as Neighborhood Density Residential in Neighborhood Five
(5). The Comprehensive Plan supports institutional uses. such as churches in Neighborhood Density
Residential, As previously stated In this staff report, the site will not be used for residential purposes.
A fu 11 Neighborhood model Analysis was corn pleted with the approved SP 004 -002 and is applicable
for this re- approval request, (See Attachrneni D for Neighborhood Model Analysis)
Staff Comment:
Staff addressed each provision of Section 31,2 -4 -1 of the Zoning Ordinance with the approved P2004-
002- This information remains unchanged. (See Attachment D)
Summary.
The purpose of this request is to renew Special Use Permit — SP2004 -002, which has expired and is
currently 1n the site development process. The applicant wishes to complete the site plan process.
The primary changes to this request is that the applicant does not plan on adding an apartrnernt to the
church facility and the applicant has requested an additicnaI four (4) year timeframe to begin
construction.
Staff finds the following factors favorable to this request;
1. The special use permit provides an institutional use, which is supported by the
Comprehensive Plan on Neighborhood Density Residential.
2. The site design is appropriate given the topo rnhy-
3- Accommodaticn 3s made for a possible future road, which could connect to the adjacent
property (Southwood Mobile Home Park).
4, The factors supporting approval of the original special use permit have not changed.
5. No ordinance changes have taken place which would affect development of the site.
Staff finds the following factor unfavorable to this request:
1- The site will not currently be served with public sewer. however, recommended
conditions would require hook -up when sewer is available nearby,
Recommended Action,:
Staff recon' mends re- approval of SP 2006 -057, Charlottesville Kingdom Hall with the following
revisions to the originally approved condit or+s:
1. The development of the site shall be in general accord with the concept plan entitled
PFGp sed—AddlilieR Kingdom Hall of Jehovah's Witnesses Gkiag^ esvii "°
prepared by Hardee Johnston, A4-AiM A. S.L.A. Landscape Architect . Pac a T.1 dated
4)94 January g . 2006. Revised 12-08-08 and page D- 2 dated Januaa 21
006 Revised 1 -1 -09 hereinafter, the 'Concept Man" ', In addition- the foliowin
elements shall be in strict accord with f or "conform tai the Cc nceat Plan the relationship
of carkinq areas to building areas building areas to the street, location of the area for
sidewal4 dedlca #ion and reservation of area for the extension of the Southern Parkway-
2.
The area of assembly shall be limited to a maximum~ of two () auditoriums with one
hundred severity -five (175) seats in each:
ChiWobob%mbd K1n9 m1gW1
PC P4bk H.anng Zzm
. The final site plan shall show an area to be graded across the front of the site to allow
the future installation of a sidewalk by others (the "sidewalk area "). The final site plan
shall include a note reserving the sidewalk area for future dedication. The area for
dedication shall allow for a minimum width of a five f5i foot Sidewalk and which shall
meet all applicable VIDOT and County standards per Section 32.7,2.8 of the Zonin q
Ordinance. The sidewalk area shall be graded in conjunction with the Installation of
other improvements on the site required by the site plan_ The sidewalk area shall be
graded in cDmpliance with the grading standards imposed by the agent. Upon request
by the County, the sidewalk area shall be dedicated for public use_ The owner shall
grant all necessary tern porary construction easements to allow the sidewalk to
be installed;
41. The bu-Iding shal rfi, and
4. There shall be no day care center or private school on site without approval of a
separate special use permit arid;
5. Construction of the development plan referenced in CondifliDn 1_above shall commence
by [insert date 4 years after daze of BO acprovall or this spec iall use permit strap expire.
ATTACHMENTS
Attachment A — Tax Map
Attachment B — VIdnity Map
Attachment C — Concept Plan, Page T.9 dated January B, 2006, revised 12-05-08 and page C.
dated January 2, 2086, Revised 1 -1 -09
Attachment D — Planning Dornmission Staff Report dated March 15, 2005
Attachment f< — Board of S uper►iisors' Action letter to Hardee Johnston, dated May 12. 2005
Attachment F — E=lectronic Mail from Gary Whelan, dated December 2, 200E
Attachment C —Letter from Joel DeNunzio, dated hlovernber 19, 200E
thoMmmydin KAVdd'u Hal
PC FWXG 110tr n 2r O
i
2008-057
Charlottesville Xingdom Hal
631
z
76-51
V
10' Contour Streams
RDads Water Body
Drivaway5 Parcels
Buildings Parcel of In
M
:z
STAFF PERSON
PLA4NNIN COMMISSION:
130ARD OF SUPERVISORS:
P 2004 -0002 Charlottesville Kinudom Hall
LAC DET 1 E GRANT
MARCH 15,2005
MAY 4, 200.5
Applicant "s Prapos21, C'hariottesviIIe Kingdom Hall is requesting a special use permit application to ahow
a Church with one apartment in accordance with Sections 14.2.2.12 and 15.21.2. 12 of the Zoning Ordinarncn
which allow for Cihui -ches on property it owns at 665 Cold Lynchburg Road. (See Attachment A) The currenR
plat, is to replace the existing building, which serves 3 congregatiuns with malls that will serve 4
congregations. The current nunibei- of total users for this facility is 340, In order to accommodate these users
there are multiple services, The seating capacity is approximately 210. The applicant projecu; 420 users by
2008. The church is currently nonconforming in that it has no special use permit.
Petition: The applicant requests a special use permit for Tax Map 76 Parcels 51 and 52A3 to a] low a
cixurch use on the properties, (See Attachment B) This special use permit would be in accordance with
Section 31.x.4 of the Zoning Ordinance, to allow churches in an R2 and R4 residential zoning district. This
property is also located in an Entrance Corridor. The total lot area is 3.685 acres and the propeny is located
in the Scottsville Magisteiial District at 665 Old Lynchburg Road (Route 631) at the intersection of Cold
Lynchburg Road and Sunset Avenue Extended. The C"omprehmsive Plan designates this property as
Neighborhood Density in Neighborhood 5.
Character of the Area: The area surrounding the chum is made up of primarily single family residences.
The site is adjauent to a mobile home park and a church is located across the street.
RECOMMENDATION: Staff has reviewed the proposal for conformity with the Comprehensive Platt and
the Zoning Ordinance and recortvnends approval of the special use permit with conditions_
111aitning and Z.on inp- History: The parcel has no planning or zoning history_ The church was built an the
site ill t981.
orn pre hensive P1 a n a ad The Nei elihorhand Model: ]bequests for special use permits in the
Development Areas are assessed for conformity with the Neighborhood Model and the Land Use Plan.
The Land Use Plan shows this area as Neighborhood Density, which should.
Have a gross density of between 3 Lo 6 dwellings per acre.
• Be located within the Urban Area, Communities and Villages_
Attaciknient D f
• Accommodate all dwelling unit type. as well as institutional uses such as places of worship, public and
private schools, and early chi Idhood education centers including day care centers acid preschouls.
. Accommodate small areas of nor.- residential land uses on the scale of Neighborhood Service, to serve
residential uses,
• have any new devclapmem within :in existing subdi %,ision be in keeping with the character and density of
the existing development. New developments adjacent to existing subdivisions or developments shall be
developed at higher densities and a form in keeping with. the Neighborhood Model to support infill
development offom
The dei.sity of the proposed project is less tl.an the intended density rated in the I*leighborhood Density
classification, The addition of an tnstnuEiOna] use, such as a place of worship is in keeping with the
Comprehensive Plan.
The Opera Space Plan does riot show any significant environmental fi- atures on this property,
Tire \nays in which the proposed project meets the twrive principles for development in accordance with the
neighborhood Mode are provided below;
Pedestrian
Sidewalks are provided throughout the development, around the
Orientation
building and parking area. As noted on the concept plan, there will he
an area graded 5 feet in width for sidewalk on Old Lynchburg Road
adjacent to the site. Sufficient pedestrian access is provi dcd.
Neighborhood
'his is not applicable, given the type afdevelopment this is.
Friendly Streets
an d Paths
Interconnected
Staff requested the applicant provide a reservation of right of way to
Streets and
allow for a possible future road, which could connect to the adjacent
Transportation
property (Southwood Mobile Horne Park). This would allow for
Networky,
future interconnection of roads/development to the existing
intersection of Old Lymchburg and Sunset Roads A similar
interconnected road concept is identified in the "Southem.Urban Area
B Study ", which has been approved by the Planning and Coordination
Council (PA C), and is pending review and approval by the County,
The applicant is agreeable and has shown this on the canoe t lan.
Parks and Open
This principle is not applicable.
S ace
Neighborhood
The church on the site acts as a neighborhood center_ The church is in
Centers
close proximity to residences and can act as a neighborhood center
for these residences,
Fl
Building and
This principle has been addressed by the Archi lectural Review Board
Spaces of Human
(ARB)- (See Attachment Q
Scale
Delegated Parking
Given the iopography of the site, existing development, setbacks, and
possible future road connection, as noted above in the section on
interconnected streets, the applicant has indicated on the cone: pi plan
relegated parking.
The grading changes on the site made relegating the parking di fficuIt.
Landscape treatment recommendations by the ARB will assist in
makin � (lie parking solution acceptable.
mixture of Uses
A mix of residential quid institutional uses is in close proximity to the
church -
Mixture of housing
This principle is not applicable.
Types and
Affnrdabili q
Redevelopment
This is the site of the existing church. A new larger church is
proposed within the same site.
Site Planning that
Tire applicant has designed the proposed building to work with the
Respects `terrain
slopes of the site, so that the building elevations are designed with the
lay of the land, Near the rear of the proposed building, the land slopes
down toward the property line and there is a somewhat steep galley
located there. The applicant has not indicated any development in this
area of the site, This principic is met.
Clear Boundaries
Given the location of this site, this principle is not apphcable.
with the Rural
Areas
En2i nee riuz Analysis.: The County's Engineering staff bas reviewed this request for engineering issues
related to health, safety, and welfare requirements. The plan appears satisfactory as a concept plan.
o n i n g Co aside rat ions. The Zoning staff has reviewed this request and finds it acceptable,
Any- Other Agencies that have lmportanI ciprnmt�nts;
• VDOT will need to review the entrance profile and drainage computation when the site playas are
submitted.
• The Albemarle County Architectural Review Board met on February 7, 2005 regarding the Special Use
Permit and Concept Plan. (See Attachment Q The Boatd voted 4:0 In favor of sending the fallowing
recormr endadons to die PIanning Cornmissi on regarding the Special Use Permit;
The ARB has no objection to the proposed use, based on the ARB Re-submission plan with tevisicn
3
date of December 28, 2004, with the [61 low irig conditions;
1. Laiidscaping shall he pTovided to minimize the impact of parkin g areas on the EC, W the
satisfaction of the ARB.
2, Site and huiiding lighting shall be limited to the satisfaction of the ARE,
STAFF COMMENT;
Section 3124.1 of'the Zoning Ordinancc below requires diet special use permits be assessed as follows.
)AIRl the use be of substantial detriment to adjacent.pro2erty
This site will be redeveloped as the expansion of an existing church. It is located on the edge of a
neighborhood, which has a similar use located across the street. The increased number of users and vehicles
support the use of the site_ It is not anticipated that this use will be of substantia] detriment to adjacent
property with traffic or noise anyrnorc than it currently is.
W ill the character c the zonin g district chap e. with IhIs use?
The proposed church revision is not expected to change the R -2 and R -4 zoning district or the character of
the area.
Will the use be in harmany with the purpose and intent of the zoning ordinance?
The R -2 and R -4 zoning district are i mend ed for residential uses but allows for churches by special use
permit if sited appropriately. The church is viewed as a use supportive to Albemarle Count} residents in all
residential zones.
Will the use be in harmony, with the uses permitted by right in the district?
By -right uses in the R -2 district are single family and cluster development, electric, gas, nil and
rommunIcation facilities, accessory uses and buildings including home occupations an storage buildings,
temporary construction uses, public uses and buildings, tourist lodgings, homes for developmentally
disabled persons, slormwater managernent facilities and Tier I and Tier E personal wireless service facilities.
By -right uses in the R -4 district are the same as previously mentioned for R -2 including, duplex housing,
townhouses, attached houses and quadruplexes. When sited appropriately, churches are viewed as "in
harmony" with the permitted uses of this district. Staff believes the church use is sited appropriately,
Will the use comply with the additional regulations provided in Section 5.0 of this ordinance?
There are no additional regulations relating to churches.
Will the public health, safety and general welfare of the community be protected if the use ism proved?
The proposed church has the potential for approximately 120 vehicles rum ing in and out c the site_ The
church is not in use all the time, There are a variety of services that meet at different tinies. Currontly, the
4
rnost vehicles present dwing any one service is 45 vehicles. The applicant anticipates an incase of
approximately 80 users and potentially 75 additional vehicles. However, it is riot anticipated that ilte
increase will be detrimental to the community.
The proposed stann water pond shown located in the path of the parkway is acceptable. Engineering staff
believe alternate locations for adequate stormwater are available on site after the Parkway is built. Sidewalks
are to be graded along Old Lynchburg road, but not paved. Currently, there is a septic system Iocated on
this site. The site is located in a development area and normally would be recommended for public water
and sewer connection- However, the closest public sewer and water is 11ot adjacent to the site. It is located
across the street at the Mosby Mountain development. Cannecftg to the public water and sewer wi)uld not
be a straight connection. Not on] y wou Id the connections be relatively expensive and somewhat cast
prohibitive for the applicant, but there are complications with fiber optic and other lines, whi ck are located
ander Old Lynchburg Load. Thee would be a need for pump systems to be put in place in order to assist
with the comic- ctions and it is anticipated that the applicant would need to brim connections down the street
in order to maneuver around the existing lines, The proposed development shows a septi€ expansion, which
is to be. located under tie ne • parking aria- An official from the Virginia Department of Health is aware of
the septic system and its' location urider the parking area and finds it acceptable.
There are a variety of complications involved with the redevelopment c this site. However, since the health
ofh6a] finds the location of the septic system acceptable, and staff anticipates that eventually there will be
an opportunity for connection to public water and sewer in this location. the public health. safety, and
gm era I welfare of the community is protected through tiie special use permit process which assures that uses
approved by special use permit are appropriate in the Ieeation requested.
The most recent plan submittal from the applicant included two apartments, instead of one, as originally
shown on die concept plan. It would take additional review tithe from staff to review the plan for the
additional unit, which could potentially charge the parking requirement. Since time was of the essence to the
applicant, the applicant agreed that one apartment would be sufficient for this plan and request.
SUMMARY
Staff has identified the following factors, which are favorable to this request:
1. The spec ial use permit is in conformity with the land use plan for institutional uses.
2. The site design is appropriate given the topography -
3. Accommodation is made for a possible future road, which could connect to the adjacent property
(Southwood Mobile Home Park) .
taff has identified the following factor, which is unfavorable to this request=
1. The site will not currently be served with public se er-
5
RECOMMENDED ACTION
The staff recommends approval of this special use permit with the following conditions.
1, The development of the site shall he in general accord with the concept plan en#itled proposed
Addition Kingdom Hall of Jehovah's Witnesses Charlottesville, Virginia prepared by Hardee
Johnston, A.I.A.. A,S.L. , and dated December 29.2004.
? The area of assembly shall be limited to a maximum of two auditoriums with 175 -seats in each,
3, Sidewalks are to he graded along Old Lynchburg Road (5"' Street), but not paved, in the iwations
Shown on the concept plan,
4, The building sha.il not have mare than one apartment_
5. 'There shall be no day care center or private school on site without approval of a separate specia] use
permit,
ATTA HMENT -
A - Location Map
B - Concept plan
- Letter from Margaret Maliszewski to Applicant dated 2124105
D -- Tax Parcel Map
0
12
ATTACHMENT A
N
R
Attachment D \6
tti
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NN BUELDIN11
L Epp
DIMENSIONS
i„Y
ZONING; R -2 & R -4
EXISIING USE. CHURCH
AREA SUMMARY
PMCM t TM 711 FPARC y tj1
3M AC 71)HED R--2
PAftQ 2 TM M PARCEL
WA3 . 415 A4 ZUMW R..-A
TOTAL 3AW INC
PARKING SUMMARY
ALUM" 'k W
175 SEATS 'SLI SPACM
+µlprta+Nu 9 (LOIN
175 AT3 M4 !FA=
orb ►+ r 1.5 SPA=
1Q spry
TOTAL J4QI mm III SPACM
Tvw- oftm m 120 SPACU
SPECIAL USE PERMIT
SUBMISSION
CHARLOTTESVILLE
KINGDOM HALL OF
TEHOVAH'S WITNESSES
OLD LYNC HBURO RD
SCALE I " = Of
=� ■ -:R NF``s -`= _
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SOIIiHLOW TRAkLER PA
Tm WA
NN BUELDIN11
L Epp
DIMENSIONS
i„Y
ZONING; R -2 & R -4
EXISIING USE. CHURCH
AREA SUMMARY
PMCM t TM 711 FPARC y tj1
3M AC 71)HED R--2
PAftQ 2 TM M PARCEL
WA3 . 415 A4 ZUMW R..-A
TOTAL 3AW INC
PARKING SUMMARY
ALUM" 'k W
175 SEATS 'SLI SPACM
+µlprta+Nu 9 (LOIN
175 AT3 M4 !FA=
orb ►+ r 1.5 SPA=
1Q spry
TOTAL J4QI mm III SPACM
Tvw- oftm m 120 SPACU
SPECIAL USE PERMIT
SUBMISSION
CHARLOTTESVILLE
KINGDOM HALL OF
TEHOVAH'S WITNESSES
OLD LYNC HBURO RD
SCALE I " = Of
AtTaGInTTTt<TIt C
b!
COUNTY OF ALEEMA-IdS
Depitrt11tvaT of C.ammi*init�' Ilevrd1111111Utlf
401 {1 Indrt- Road, Rouni ZZ7
CliariuttmiAlle, Virgiliis 22 °102 -4596
l'l�ux�t' {434} 296 -582:1 Fslx 14: 41 97.24126
February 24, 2005
Hardee .Johnston
3654 Presidents Road
Scottsville, VA 24590
RE: A S- 2004.168: Charlottesvihe Kingdom Hall - Conceptual Review of a Slte/Bu idirig
Design-P Advisory Review iior a Special Use Permit T (Tax Map 76. Pa me is 51 anti 52A3)
Dear Mr. Johnston:
The Albernade Gounty Architectural Review Board, at its meeting on February 7, 2005,
completed a preliminary review of the above- noted request. Tne Board took the f4llawing
actions.
Regard in q the Spacial Use Permit, the Board by a vote af1 4;0 forwarded the folio in
recommendation to the planning Commission'
The ARS has no objection to the proposed use, based on the ARB Re- submission plan with
revision date of December ?8, 2004, with the following conditicns:
'I. Landscaping small be provided to minimize the impact of parking areas on the EC;. to the
satlsfaction of the ARB.
. Bite and building lighting shall be Iimitled to the satisfaction of the ARB.
Re ard'tn the ponce t Tian, the Board reccmmended final approval of the proposal as
presented, with the ioliewing conditions to be administratively approved by staff;
'I. Protect the existing vegetation on parcel 52A, Sh ow a "tree line to remain" c)ri the plan to
screen the storm water management area from the EC. GoVdinate the new tree line with
proposed grading.
2. Provide a complele, detailed landscape plan for review.
3. Provide new trees to corn perisate for those last due to the new development. Provide new
trees to mftigate the e>pansive parking areas,
4. Coordinate tree save areas with proposed grading. Shaw a clear limit of clearing arld
grading line_
5. Submit a signed conservation checklist and include on the plan the tree preservation
measures identified in the checklist,
6. Staff may administratively revle lapprove the treatment of the northern elevation at the
stairs.
ARE 2UD4 -1W Cttiarlottosvllie King CID m Hall
February 24, 2-005
Page 2
Two sets of revised draWngs sddressIng the comments listed abo and melting alI
requirements of the ARB Final Site Plan RvAew Checklist are required. Please also include a
memo outlining how each Comment has been addr ;ssed_ If changes other than those
requested hsve been made, identify those changes in the memo. as cell,
if you have arty questions regarding this action, please feel tree to call me.
SincerelY,
Margate# Maliszewski "
Design Planner
Planning Division
la er
Cc: Charlottesvilie South Haven Congregation of Jehovahs Witnesses etal
P D Box 3347
Ch, arlottesvlile, VA O3
Claudette Grant
File
w
ArrAC H M ENT D
5
Ic-
dr
kn
Ln
i 1.1
5
%6
14L�
CO UNTY OF ALP EM.d►RLE
Deprtment arCornmunity Dovelupmen1
4R] ts+ldntirt- Raad, Room 127
C Uri uttevviIW, Virginin :2902 -4596
PIMnr (434} 29f -5823 Fax (434) 9 ?2-41:6
May 12, 2D05
Hardee Johnston
3664 Prestdents Road
cattsvilla. VA 24590
RE: SP-204-1102 Charlottesville F ingdam Hall T Tax Map 76, Parcels 51 & 52A3
Dear lair. Johnston.
On May 4, 2008, the Albemarle County Board of S upervisors took action c S P- 2004 -002
har9ottesviile kingdom Hall to allow a church in accordance with Sections 14,2.2,12 and
15.2.2,12 of the Zoning Ordinance which allow for Churches, on Tax Map 76, Parcels 51 &, 52A3
in the Scottsville Magisterial zoning district_ This special use permit was approved based on the
following conditions:
1. The development of the site shall be in general accord with the concept plan entitled
Proposed Addition Kingdom Hall of Jehovah's Wtknesses Charlottesville, Virginia
prepared by Hardee Johnston. A.1-A., and A. .l-.A_ and dated December 28, 2004;
. The area of assembly shall be limited to a maximorn of two ( ) auditoduMS with one
hundred seventy -ii ve (17 5) seats in each;
3. She final rile plan shall show an area to iae graded across the front of the site to allow
the future installation of a sidewalk by others (the "sidewalk area "), The final site plan
shall include a note reserv!ng the sidewalk area for future dedication_ The sidewalk area
shall be graded in conjunction with the installation of other improvements on the site
required by the site plan. The sidewalk area shall be graded in compliance with the
grading standards imposed by the agent_ Upon request by the County, the sidewalk area
shall be dedicated for public use_ The owner shall grant all necessary temporary
construction easements to allow the sidewalk to be installed;
4. The building shall not have more than one (1) apartment, and
5. There shall be no day care center or private school on slte without approval of a separate
special use permit
Attachment E
VV
5P 2004 -002 Chartattawllie KGngdom HalI
Page 2 of
May 12, 2045
Please be advised that although the Albemarle County Board of Supervisors took action
on the project noted above, no uses on the property as approved above may lawfully
begin until all applicable approvals have been received and conditions have been met.
This includes;
compliance with conditions of the SPECIAL USE PERMIT;
approval of and compliance with a SITE PLAN; and
approval of a ZONING COMPLIANCE CLEARANCE.
In the event that the use, structure or activity for which this special. use permit iS issued is not
corn menced within twenty4our ( 4) months frorn the date of Board approval., it shall be deemed
abandoned and the permit terminated_ The term "commented" means "construoion of any
structure necessary to the use of the permit.'
If you have questions or comments regarding the above -noted action, please do not hesitate to
contact Keith Lancaster at (4 3-4) 298 -5832.
Sincerely,
V. Wayne ilimberg-
Director of Plannin-K
Planning Division
cc: Moore, Douglas
1035 English Walnut Wsy
Earlysvil.le, VA 22938
Charlottesville South Haven Congregation Of Jehovahs Witnesses
P O Sox 3347
Charlottesville, VA 22903
Amelia McCulley
Bill Fritz
Tex Weaver
Chuck Proctor
Keith Lancaster
pJUU8Ul]U� r t�narlouesv le Kingdom Hail
Claudette Grant
Prom: Gary Melan [gwhelan serviceauthoft.or9]
Sent: Tuesday. December 02, 2008 2:35 Phi
To: Claudette Grant
Subject: RE: SP2O0800057 Chorlotte5ville Kingdom }-call
Yup
From: Claudette Grant [mallto:cgrant albemarle.org]
Sent: Tuesday, December 02, 2008 2:03 PM
To, Gary Whelan
Subject: RE: 5P2OO80O057 Challotbesville Kingdom ball
Gary.
Are these comments from the site Plan svbmtttal? Thanks
Claudette Grant
Senior Planner
County of Albernarle
Department of Community Development
401 Mrin ire Road
Charlottesville, VA 22902 -4596
(4 4) 296 -5832, Ext. 3250
Fax: (434) g72 -4012
From: Gary Whelan [ma iIta;gwhelan servioeauthorlty.crgJ
Sent: Tuesday, December 02, 2008 1:33 PM
To. Claudette Grant
Subject: SP20O80OO57 Charlottesville 14ingdorn Hall
Claudette,
1'age 1 pI 1
Previous comments 011 apply. I can resend them if you wish The plurnbing fixture count that the applicant provided
indicates that a 1 '° meter is required, A new tap will have to be made on the RWSA transmission line This
connection wlii require RWSA approval.
{awry
Attachment F 1V
1212912008
COMMONWEALTH of VIRCiINIA
DEPARTMENT OF TRANSPORTATION
CHARLOTTE VILLE RESIDENCY OFFICE
701 VOOT WAY
CHARLOTTESVILLE, VA 22911
DAVID S. EKEAN, P.E.
00M SSPGNER
November 19". 20M
Mr_ Bill Fritz
Dept. of Planning & Community Development
401 McIntire load
Charlottesville, VA 22902
RE, Special Use Permits and Rezoning Submittals
Dear Mr_ Fritz-
Below are VDOT's comments for the November 2008 Rezoning and Special Use Permit applications;
SP- 2008- I10USfi Unity Citurch Amendment {F;rvn BrennanI
• The expected traffic increase from this expansion of facilities needs to be shown.
* The entrance and taper to the site r=d% to be analyzed for the proposed traffic to the site and d-w
existing traffic on Hydzuulic Road,
• The sighs lines at the entrance need to be shown.
SP- 211OF -IM157 CharlotlesiJile Kin dom [fall Claudette Grant
■ No cumintt= on the extension of the special use permit.
• 'There are still outstanding comments that need m be addressed on She site plan_
SP- 20118 - 0111158 fly rrl,g'S Gora2e— A nit-ad rneni [Imps Mcflowelll
+ Trip genrratian ditla needs [o hr- shown_
■ The existing entrance creeds to be addressed for its adequacy. More specific comments to the
entrance halve be n provided with the sttc plan.
1P -21108 -0110 4 Rivaanna to Preddy Creek Transmission Line (Eryit.Hregnan)
+ Tlu plats shanld not show etiver mu; on [he VDOT Renee 29 Right of Way. Instead., the overhang
of the easement into the ROW will be permitted by VDGT.
If you have any questions, please let me knew
Sincerely,
Joel DeNttnxio, P1.
Staff Engineer
VI7DT Charlow -wiIte Residency
E IEEE VIP INIA MOVING Attachment
ti5
C A j.
VIR
���7�
C OU TY OF ALBEMARLE
Detrk1rtrrlenI Of1:OmrnunitN' 1)OWIOpmfiin
401 Mctniire Ruml, itoom 227
C harinuesvilk, Virginia 22402 -459fp
11looiic (434) 296- 583 2 Fax 14341972-4012
March 27. 2069
Hardee Johnston
3664 Presidents Road
Scottsville VA 24590
RE' SP2O0600057 Charlottesville Kingdom Mall
Tax Pap 76, Parcel 81
Dear Mr Johnston
orruviunily Develops -nerlt Department
bite# f
Approved by the Board of Supervisors
Date Mace,4 -1 f 1 2 Cso �—
Signnlure - Planner
On March 11.2009, the Albemarle County Board of Supervrsors took action on SP #2008-ODDS 7 to allow
a church on Tax Map 76, Parcel 51 ire the Scottsville District. This special use permit was approved
based an the f01Inwing Conditions:
I The development of the site shall be rn gena T81 ar, .ord wilh the concept plan entitled Kingdom
Hall of Jehovah's Witnesses prepared by Haraee Johnston, A.S.L_A Landscape Architect, Page
T 1 dated January 9, 2006, Revised 12 -08 -08 and page C_2 dated January 2, 2006. devised 1 -4-
09 (hereinafter, the "Concept flan ")_ In addition, the follov4ng elements shall be in strict accord
with [or `conform tol the Cancep! Plan: the relationship of parking areas to building areas,
building areas to the street, location of the area for sidewalk dedtcation and reservation of area
for the exterfsFon of tae Southern Parkway;
2. The area of assembly shall be limited to a maximum of two (2) atiditon urns with one hundred
seventy -five (17 5) seats in each;
3. The final site plan shall show an area 10 oa graded across the front of the site to allow the future
installation of a sidewalk by others (the "sidewalk area ") The final site Plan shall include a note
reserving the sidewalk area for future dedication The area for dedication shall allow for a
min irrium width of a five (6) foot sidewalk and which shall meet all appiica3ble VD OT and County
standards per Section 32.7.2.8 of the Zoning Ordinance The sidewalk area shack be graded in
conjuncbon with the installation of other improvements on the Site required by the site plan.
The sidewalk area shall be graded in compliance with the grading standards imposed by the
agent, Upon request by the County, the sidewaik area Shall be dedicated for public use. The
owner shall grant all necessary temporary camAructaon easements to allow the sidewalk to
be installed;
4. There shalt be no day care center ar private school on site without approval of a separate special
arse pe=rmit; and
5 Construction of the development plan relerenced in Condition 1. above shall commence by March
1 i _ 2013 or this special use perrnit shall expire.
Please be advised that although the Albemarle County Board of Supervisors took action an the
project noted above. no uses on the property as approved above may lawfully begin until all
applicable appravais have been received and conditions have been met. This includes:
■ compliance with conditions of the SPINAL USE PERMIT;
approval of and compliance with a SITE PLAN; and
* approval of a ZONING COMPLIANCE CLEARANCE.
Attachment F
In the event mat the use, structure or actlVlty far which this speciai use permit is issued is not commenter)
within forty -eight (48) months from the date of Board approval, it shalt be deemed a6anduned and the
permit terminated The term 'com rnemed" means "construction of any structure necessary to the use of
the permlt `
if you have questions or comments regarding the above -noted actien, please do not hesitate to contact
ShL-rri Proctor at ?96 -5832
Smuerely,
0. LL 1--_
V. Wayne limy erg
Director of Planning
cc Trustees of East Congregation of Jehovah's Wan ease5
1 421 Reynovia Drive
Charlottesville VA 22902
R E FL CCT nMG "Q It i-, „w
March 12, 2010
County of Albemarle
Department of Community Development
Attn -. Claudette Grant
401 McIntire Rd
Charlottesville, VA 22902
FEE: bequest for Critical Slopes Waiver
Charlottesville Kingdom Hall
SP2009 -029
Dear Ms Grant:
On behalf of the Trustees of the East Congregation of the Jehovah's Witnesses
("Owner "). Balzer and Associates, Inc_ is submitting this request for a waiver of Section 4_
of the Zoning Ordinance to allow disturbance of critical dopes to construct improvements
upon property identified as County Tax Map Number 76-51 ( "Property ") comprising 3.583
acres_
Project Description:
The Owner is proposing the construction of a new worship buil.ding on the Property.
An existing building, currently used for services, will be demolished- The existing building
has experienced water intrusion and deteriorated to the paint of uselessness for the
congregation's needs. To mitigate additional expenses. the existing parking areas are to be
preserved to the maximum extent practicable. The proposed site layout is illustrated on the
"Critical Area Exhibit" prepared by Balzer & Associates, Inc„ dated 03 -12 -2010,
The Property contains approximately 0.435 acres of critical slopes. The critical
slopes to be disturbed are located at the existing entrance to the Property, along the
perimeter of the existing parking areas, and at isolated locations for the proposed site
improvements. The critical areas bung disturbed at the entrance to the Property are
required to facilitate VDOT entrance requirements. In general, the proposed site layout
PLANNERS . ARCHPYEC7$ ` ENGINEERS - SURVEYORS
SF1ENANDOAH VALLEY
1561 Commerce Road, 5ukte 441 - Verona, Virg Grnia 744$2 - (540) 249 -3220 • FAX (540 249 -3221
Attachment [r
Remlest for Critical slopes Waiver
harlottesvrlfe Kingdom Hall
P2009 -029
Page 2 of 5
preserves a significant amount of the critical slope areas. Overall. only 0,085 acres (0 %l
of critical slopes are being disturbed for the planned site improvements (reference "Critical
Area Exhibit"). Also, note that 90% of the existing critical slopes are the result of mars -made
disturbance from previous development.
Public Health, safety, and Welfare Factors:
In accordance with Section 4.2,5 of the Zoning Ordinance, this request will address
the five public health, safety_ and welfare factors
1) Rapid andlor large -scale movement of sail and rock:
Total earthwork for the proposed improvements has been minimized as much as
possible_ Existing grades have been utilized to the maximum extent practicable.
Deep outs and/or HIS are not proposed for the proposed improvements. A
comprehensive erosion and sedimentation control plan will be submitted for review
and approval by the County of Albemarle. With these measures, there will be no risk
of rapid or large -scale movement of soil and /or rock.
Excessive stormwater run -off:
The existing site comprises no detention of stormwater run -off from previously
constructed impervious areas_ The amount of increase in impervious area is minimal
due to the preservation of existing parking areas and demolition of the existing
building. The proposed development will incorporate diversion and conveyance of
stormwater fun -off from existing and proposed impervious area to specific stormwater
Best Management Practices (BN1P's). These practices will be designed in
accordance with regulatory standards and will detain and release stormwater run -off
at or below pre - development runoff rates. No excessive stormwater run -off will
occur_
3) Siltation of natural and mars -made bodies of water:
The Property is not located in close proximity to any natural or man -made bodies of
water. As mentioned herein, the existing site contains no measures for stormwater
collection Also_ a comprehensive erosion and sedimentation control plan will be
submitted to the County of Albemarle for review and approval The erosion and
sedimentation control plan will provide measures to prevent transport of sediment
beyond the Property limits. All disturbed areas are to be stabilized in accordance
with the plans after construction. Implementation of on-site stormwater BMP's will
provide further prevention of sediment transport. Given these measures, no siltation
of natural and man -made bo * wat p%IJ,9ecur
PLANNERS ' ARCHITECTS ' ENGrNEERS . SURVEYORVAR 15 2010
CII(NMIKIWIMLLILEYL 'ril -1-
1561 Commorco Roan, Sune441 ' V9ronP. Virginia 24482 ' (W) 749 -3220' FAX (541a] 246 -3221
Request for Critical Slopes 1a+ver
hartotfesvdle Kfngdom Haft
P9 -029
Page 3 of 5
4) Lass of aesthetic resources:
Of the existing critical slopes that are being disturbed, 90% are from previous man -
made activities_ The proposed site layout has been designed to minimize impacts on
the existing vegetated buffers along the Property perimeter, It is anticipated that a
comprehensive landscape plea will be submitted to the County of Albemarle for
review and approval. Accordingly, the aesthetics of the Property will be improved
from existing conditions_
5} Septic effluent:
The existing facility is served by an on -site conventional septic system. The
proposed building is to include an alternative septic system which will treat sewage
through biological processes before discharging the treated effluent to the existing
drainfield_ The proposed septic system also contains a secondary pump tank which
will collect the larger flows that occur during weekly services and discharge effluent to
the drainfield at regular daily intervals to prevent overloading- This should effectively
reduce the loading demand on the existing drainfield_ By providing cleaner, pre-
treated effluent at evenly dispersed intervals to the drainfield, the likelihood of septic
system failure is reduced far below existing conditions. The existing drainfield does
not exhibit any signs of stress and will not be disturbed during construction_
Findings:
In accordance with Section 4.2.5 {a }(3) of the Zoning Ordinance, the Planning
Commission may grant a modification or waiver if it finds that:
the waiver would not be detrimental to the public health, safety, or welfare;
For the reasons stated herein (reference previous Public Health. Safety. and Welfare
Factors). granting the waiver would not be detrimental to the public health, safety, or
welfare.
the waiver would not be detrimental to the orderly development of the area;
The existing, site is simply being improved to meet the needs of the congregation,
The proposed use of the property remains unchanged.
PLANNERS ' ARCHITECTS ' ENGINEERS ' SURVEYORS
SHENANDOAH VALLEY
1 $61 Commerce Road, Sulle447 • Verona, Virglnla 2"82 - (W) 248.3220 - FAX X540) 249 -3221
R�!quest for I:ritocal Slopes Waiver
harfO tesvifle Kingdorn Hall
P009 -029
Page 4 of 5
• the waiver would not be detrimental to adjacent properties;
The existing Property exhibits un- managed stormwater run -off and un- treated septic
effluent discharge. By granting this waiver and allowing the project to commence, the
Owner can implement the comprehensive storm water management, erosion control,
and landscape plans, in addition to septic treatment measures, thereby reducing the
potential for adverse impacts to adjacent property-
* the warier would not be contrary to sound engineering practices; and
This waiver request. and subsequent site planning will be performed by Balzer and
Associates, Inc -, under the direct supervision of a Professional Engineef, licensed in
the State of Virginia. bound by the Code of Virginia to perform all work in accordame
with sound engineering practices.
• at least one of the following-,
a) ,Sfrfrt application of the requirements of Section 4. 2 woWdr not forward the
p urposes of this chapter or other ise serve the public health, safety, acrd welfare
Given the proposed improved storm water management, enhanced landscaping,
and sewage treatment measures, not granting the waiver, preventing the
commencement of the project, could posed increased detriment to the public
health, safety, and welfare-
b) Alternatives proposed by the developer or sub- divider would satisfy the intent and
purpose of Section 4.2 to of least are equivalent degree;
The impact on critical areas has been minimized in the site layout. The areas that
are berng disturbed are mostly man -made from previous development and the
adverse impacts often associated with the disturbance of critical slopes are not
expected to occur.
c) Due to the property's unusual size, topography, shape, location or other unusual
conditions. excluding the proprietary interest of the developer or sub - divider.
prohibiting the dFstarbance of critical slopes would effectively prohibit or
unreasunably restrict the use of the property or would result in significant
degradation or the property or adjacent properties; or
The Property has topographic limitations for the proposed improvements, The
proposed disturbance of critical slopes has be minimized as much as practicable.
Prohibiting the disturbance of any critical slopes would prohibit the site
PLANNRRS ' ARCHITECTS - ENGINEERS - S R �P VED
SA4"'V�r•�. y
1561 Commorce Road, Suite 401 'Vera fl i 1{$ i4} t54d} 34I3 -3 21
Request for Critical slopes waiver
Charlottesville Kingdorr) Half
SP2009 -029
Page 5 of 5
improvements and for reasons stated herein. could pose increased detriment to
adi . auent properties.
dj Granting the modification or waiver would serve a public pvTpose of greater import
than would be served by strict application of the regulations sought to be modified
or waived_
Granting the waiver would allow the project to commence. which would allow the
improvements to storm water run -off and sewage treatment better serving the
public health, safety, arid welfare.
Based upon the reasoning expressed herein, this waiver request meets all of the
conditions of the Zoning Ordinance for approval by the Planning Commission, Please do
not hesitate to call with any questions_
Sincerely.
i
William S. Moore. PE
Project Manager
Atfachments,
"Critical Area Exhibit" by Sa +ter & Assocrates, dated March 12, 2010 (1 sheet)
PLAN N €RS ' ARCHITECTS ' ENGINEE=R$ ' SURVEYORS
SHENANDOAH VALLEY
1561 CommnPmo Rva4, Sukle 401 ' Verona. Vkrolnia 244 52 ' 1540) 24x.3220 - FAX (W) 248.3224
Application z,
SP200900029 All Appficatipn5:
ARB 00400016
Project Name
C113riptteSwllle Kingdom Rail
- ARB200400168
ApphCatlon Type
Special use Permit
SCIP 0060000
Planning Requested Changes;
—
2
SLIPr}�/D0/y�Qy
Fax Map Parcel
07600 -00 -00 -05100
02/03{2QI4 ID212412010
) arnes Barber
- .. - - - -- -- '— —
i8L101Lr1.i
{O}f0�'7j
-S P2004000 2
Pro" bescrlptkrin
1'hI}]ICE: St -.. 1.. ILL1�rEG,X IJ11
mOPcmD: r M I. . aoLrar`e N+';51ma -LT}'1 l a rmrlC,L ■ n Uir "4 w7 w%-v a1 W.V. h4 m6wrcp-ov%
Lmpox�t.
� }
SP200800057
AR5 :N4 Objection
y,µ�
ZONING CAttdCAYlr,r 4 LF� fthµC- ph-f rM�l,IM - � u t b1r iif• rE F4 hille+rel�I 4 W!eW,
CIaudLe#t2 Grant
Spacial use Perm lt
smnWI Sfnl L +2.2.L24nd Iri1 }- 1]*tht Z"W.Q G"tl+lYl[T YRKh OLOY for crwchrL
C �y �'y �1 �'y r'y iii i ry r�
PLUi17iJ
Ran Higgins
CUYLrnIMEN t AM LMIP U7k19 W 311'n 140W** a5W Pir4m r ILAW owr - r•rrMrrl.LL D4 v+I;'+C++17 PM +�aort^4
,-7 lJ lJL7
!2/03/2Q09 .1 -2/2312409
ien "u ob%p Ii hmNrhLOLLL mW bdwftwd glhtr mr LL-m.alf r -m Beet W Inn Ln fIL hvvbre d S
L:a kOu O"AM4S; ■et
U Lr V V V V
lnspactlon$ N4 0bxectlon
LOCATIOP! M OW 4YLLL'1WLr0 AOru;k� d! 11. w o wa al d Ole LYFAnOUM AO ■ha 5L F,4M EL[1I'aiC
Glenn grgoks
5peClal IJSL Permlt
Th �erviFhh ck -700$1
P0200600053
Bill Fritz
KMISTlhh4 DIVItirr: Se zne
CDmmdeV- Ctirrenl'Periding
Tf4
Rraffar
Status 1.
Review Coordinator Site Inspector Date Assign ea Entered By_ 450o,"rpn 19ruakS On 43l1���R10
Iclaudem - Grant Urrasslgne� LI
Reviewer I0
5ubm4ttal Type
Group or Agency 5taws
Received Due
63116/7014
Tenn gooks
Crltl[el Slope Waiver
1 nolnccr&[p r;o dbJection
Clauaette Grant
Specal Use Permit
Planning Requested Changes;
02{42{20113 03/03 {2010'
Bill Fritz
No 5ubmlttal Type 51
CammDev- Current LPending
02/03{2QI4 ID212412010
) arnes Barber
Special Use Permit
Fire Rescue ;No Objection
02111312010 !62/17 {26iO
Margaret Maliszewskl
59etlal Use Permit
AR5 :N4 Objection
02f0�12DI1} �D2/1112D10
CIaudLe#t2 Grant
Spacial use Perm lt
PIanr,lrig !Requested Changes
1210212001 ;01/0412010
Ran Higgins
Special lase Permlt
Building Cade ZorL!No Objectlan
!2/03/2Q09 .1 -2/2312409
day 5chlothauor
Special Use Permlt
lnspactlon$ N4 0bxectlon
12101 12009 112 /23 12649
Glenn grgoks
5peClal IJSL Permlt
E gIrkeer ZF.CD iAdministrahve Apprc
1Z}6212an 1211612449
Bill Fritz
Special Use Permit
CDmmdeV- Ctirrenl'Periding
1214212009 12/16120D9
Margaret Malistewski
.51mial UU Permit
ARD Requested Changes
12/02 12069 1 .2116/ .2009
lames Barber
Special Use Permlt
Fire Rescue No Objection
12142 12049 12116/2009
Gleni-L Brooks
Critical Slope waiver
Engineer Z&,CD Np ObJeCtlon
03116/2010
DOeurnent Review Title (Review Documents will also show an the Web
fxls_tmg RewFew Docs
I
Comments- The box below is meant For 5tl0rt CorrkMentS.
The emeal slopes waiver ks recommended far approval. Please sec tihe applicant's tetter And plan
for a norm detailed look at the slope areas and tht ardlnanee condkiims.
Date Sent
Ca
03119/24S{!
0�103/242D
D213� {20I[�
02�L7I2D:Q
D�117 }�{}ip
61f64 }2�:6
1(30/2409
12/14!2644
1��14fi444
1216 {2404
12 {f$ {264?
12/03 {2409
0 31 i901)10
Att.ilichmimt H
Claudette Gmrrt
From: DeNurizio, Joei D-. P.E- [Joel.DoNunzio VDOT- virginia.gov]
Sent: Friday, April 23, 2010 12;28 PM
To: ClaLdette Grant
Subject: RE_ Chalrlo tesvilie Kingdom Hall SP2009 -029
Claudette,
have reviewed the SP and have a couple commerts on the entrance that will nee to be addressed with the site plan;
1. The throat length and width will treed to meet the rnftmum standards as shown in Appendix F section d of the
VDOT Road Design Manual
2. The existi ng 18 inch pipe will probably need to be modified to allow the pavernent taper to have an adequate
slope -
have no comments on the changes to the parkirkg or building location.
Thanks
Joel
JDeI Qe Ur1z10, P.E.
Staff Engineer
434 -293 -0011 Ext. 120
I. Ue n
Atlachnient X