HomeMy WebLinkAboutSP201000010 Review Comments Special Use Permit 2010-07-26�� OF ALg�
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County of Albemarle
Department of Community Development
Memorandum
To:
Joan McDowell, Principal Planner
From:
Francis MacCall, Senior Planner
Division:
Zoning
Date:
July 21, 2010
Subject:
SP 2010 -10 First Ivy Creek United Methodist Church — initial zoning
comments
Please consider the following comments:
The two parcels involved with this application are both considered nonconforming lots since
they do not meet the minimum lot size for the Rural Area zoning, which is 2 acres. The use of
the church is nonconforming. This SP application, if approved, will rectify the use
nonconformity making it conforming. Also, the structures themselves are nonconforming as to
setbacks, not only to structures in the RA zoning district but also to the setback recommended
for churches in the Rural Area (See Comment #2).
On Sheet C2 it appears that the 1 story utility building is approximately 7' from the rear property
line when the current requirement is a 35' Rural Areas district rear setback or a 50' setback for
an Sp use (See Comment #2). The new addition appears to be approximately 9' from the rear
property line. It also appears that the existing Sunday school building is proposed to be
connected to the fellowship hall addition does not meet the current 35' setback. Connecting the
structures would make the one structure more nonconforming to the setbacks and this is not
permitted. This may be rectified in one of two ways. First, obtain a variance from the BZA for a
setback reduction. Or, second, combine the two parcels into one 3.01 acre parcel. If the
property is combined then the setback issue is resolved.
Combining the lots solves 2 of the 3 nonconformities on the property. If the church and
parsonage buildings are sharing a well and /or septic field, combining the parcels is even more
advisable. The 3r nonconformity is solved by obtaining approval of the SP for the use.
2. It is policy to impose commercial buffers and setbacks for non - residential development in RA or
residential districts as outlined below:
21.7.1 Adjacent to public streets: No portion of any structure, except signs, shall be erected
closer than thirty (30) feet to any public street right -of -way. No off - street parking or loading
space shall be located closer than ten (10) feet to any public street right -of- way.
The ROW of Woodlands Road SR 676 needs to be clearly shown so as to evaluate the
location of the 4 parking spaces shown on Sheet C3
21.7.2 Adjacent to residential and rural areas districts: No portion of any structure,
excluding signs, shall be located closer than fifty (50) feet to any residential or rural areas
district. No off - street parking or loading space shall be located closer than twenty (20) feet
to any residential or rural areas district.
SEE COMMENT #1 regarding existing structure locations and proposed construction
location.
3. On Sheet C3 please make it clear that TM44 P12 is on all three sides of parcels 12H and 14.
4. Provide some more information as to the location of the septic for both of the uses (parsonage
- which is considered a single family dwelling and the church). If the septic drainfield is below
the parking it is recommend that Health Department comment be obtained at this time and not
after the SP. Furthermore, if the drainfield is in the parking area the Health Department may
require paved parking in that area to reduce compaction to the septic system. In addition, it is
important with this special use permit review to confirm that there is a septic reserve area that
will not be detrimentally impacted by the proposed construction. Health Department approval
should be made a condition of SP approval.
5. The development will require the submittal of a site development plan for the project, if the
special permit is approved. In order to expedite the next step with the site plan, staff
recommends that you request approval of a site plan waiver at this time. This can be acted on
by the Commission with the special use permit and eliminates the need for a later process of
notice to neighbors prior to approval of a site plan waiver.
6. Provide dimensions and square footage totals for each portion of both existing and proposed
structures. Church ? ?sgft, Fellowship Hall portion ? ?sgft, and Sunday School portion ? ?sgft
7. The parking calculation shown on the concept plan is based on the existing fixed seating.
Because the proposed construction will both significantly increase the area of assembly in the
fellowship hall and will eliminate existing parking, we recommend that the parking is addressed
at this time rather than later with the site plan. Parking for churches in the rural areas identified
in the comprehensive plan is calculated as follows from the zoning ordinance:
"...the number of proposed spaces shall be shown in a parking study submitted by the
church; the number of required spaces shall be determined by the zoning administrator,
who shall consider the recommendations in the parking study, traffic generation figures
either known to the industry or estimated by the Institute of Transportation Engineers,
peak parking demands, and other relevant information. Nothing herein requires the
parking study to be prepared by a transportation engineer." Section 4.12.6