HomeMy WebLinkAboutSP201300023 Review Comments Special Use Permit 2014-01-10pF AL
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4126
MEMORANDUM
TO: Megan Yaniglos
FROM: Margaret Maliszewski
RE: SP 2013 -23: Buck Mountain Episcopal Church Addition
DATE: January 10, 2014
1. The Buck Mountain Church is an important historic resource listed on the Virginia Landmarks
Register (VLR). It is recommended that any additions or other changes to the church property be
completed without compromising the VLR status. The applicant's description suggests that the
addition will be compatible with the existing building, and the proposed location of the addition
would support this. However, no architectural drawings were submitted for review. It is
recommended that the applicant submit a sketch of the proposed addition to confirm that it will be
compatible with the historic building and that it will not compromise the form or integrity of the
historic resource, or its VLR listing.
2. The wooded nature of the site contributes significantly to its overall character. Clarify on the plan the
quantity, locations and sizes of trees to be removed for the parking lot expansion. Identify on the plan
the size, species and location of the tree that is to be removed for the addition.
3. The property line shared with TMP 31 -34 shown on the Conceptual Plan does not match the location
shown in the County's GIS. Please coordinate.
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County of Albemarle
Department of Community Development
Memorandum
To: Megan Yaniglos, Senior Planner
From: Ron Higgins, AICP, Chief of Zoning/Deputy Zoning Administrator
Division: Zoning
Date: January 14, 2014
Subject: SP 201300023 Buck Mountain Episcopal Church Addition
Zoning comments and suggested conditions for the Buck Mountain Episcopal Church special permit for an
addition are:
SP201300023 Buck Mountain Episcopal Church Addition
1. The proposed future parking for up to 68 -81 spaces exceeds the 40 spaces allowed by the church use (33
x 120 %). However, the request for an increase in parking is included with the special permit application.
This will require a separate action by the Board to allow the increase. Any such increase should be
considered carefully in light of the potential number of trees on the site that would have to be removed.
It appears that approximately 25 trees would be jeopardized by the expansion of parking.
2. If significant parking is to be added to the site, it is recommended that a site development plan be
required for review and approval, which would include details regarding the tree locations, tree
protection and other information necessary for a complete evaluation (entrances, storm water /drainage,
septic, lighting, etc.).
3. Standard conditions for churches should be used, including, among others: "General accord with the
Conceptual Plan titled ......." (with major elements identified), and; "Private school or day care /nursery
school use requires separate special use permits ".
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4176
January 16, 2014
Art Symmes
3286 Turnberry Circle
Charlottesville, Virgina 22911
RE: SP 2013 -023 Buck Mountain Episcopal Church
Mr. Symmes:
Staff has reviewed your initial submittal for the request to amend your application plan for the
church to add an addition to the fellowship hall with additional parking.
We have a number of questions and comments which we believe should be resolved before
your proposal goes to public hearing. We would be glad to meet with you to discuss these
issues.
All comments from all reviewers are provided in this letter, however the major issues that will
need to be addressed before moving forward to the Planning Commission are listed below.
Many of these show up in other comments by each reviewer listed in this letter, however it is
important to identify the major concerns, and these should be addressed with a resubmittal:
1. The church is an important historic resource listed on the Virginia Landmarks Register
(VLR). It is recommended that any additions or other changes to the church property be
completed without compromising the VLR status. The description suggests that the
addition will be compatible with the existing building, and the proposed location of the
addition would support this. However, no architectural drawings were submitted for
review. Please submit a sketch of the proposed addition to confirm that it will be
compatible with the historic building and that it will not compromise the form or
integrity of the historic resource, or its VLR listing.
2. The wooded nature of the site contributes significantly to its overall historic character.
Clarify on the plan the quantity, locations and sizes of trees to be removed for the
parking lot expansion. Identify on the plan the size, species and location of the tree that
is to be removed for the addition. This can be done through a field survey.
3. Depending on the information that is requested above, Staff may or may not support
the increase in parking due to the historic nature of the church property, and the impact
that will occur to the existing wooded area with the future expansion of the parking.
4. The limits of disturbance shown on the plan does incorporate the disturbance that will
be needed for the construction of the parking lot and retention pond. Revise to show
the limits of disturbance with more accuracy that what is currently shown.
5. Fire apparatus access needs to be addressed. Please contact the Albemarle County Fire
Marshal's office to discuss.
6. The southern most entrance does not appear to meet commercial design standards for
VDOT. Also, a turn lane warrant analysis has been requested by VDOT. While these can
be addressed during the site plan stage, staff felt it was important to note as it may
affect your site.
We also have a few questions and comments which are listed below:
Planning
Planning staff's comments are organized as follows:
How the proposal relates to the Comprehensive Plan
Additional Planning Comments
Additional comments from reviewers
Comprehensive Plan. Comments on how your project conforms to the Comprehensive Plan
will be provided to the Planning Commission and Board of Supervisors as part of the staff report
that will be prepared for the public hearing. The comments below are in preparation for the
public hearing and may change based on subsequent submittals.
The property is within the Rural Areas in Comprehensive Plan. As stated above, the proposed
future parking may impact the site, and so as the plan is shown currently, the future parking
does not meet three of the defining principles of the Comprehensive Plan.
1. Natural Resources: Preserve and manage the Rural Areas' natural resources in order to
protect the environment and conserve resources for future use.
2. Scenic Resources: Preserve the County's rural scenic resources as being essential to the
County's character, economic vitality, and quality of life.
3. Historical, archeological and cultural resources: Protect the Rural Area's historic,
archeological and cultural resources.
Staff's position is that the future parking impacts the site, and the removal of a significant
amount of wooded area, and therefore, does not meet the principles of the Rural Areas set
forth in the Comprehensive Plan.
Additional Planning Comments
1. The existing wooded area needs to be shown on the plan, as well as information
concerning the trees to be removed for the future parking.
2. If the plan is to be phased, indicate which portions are phased.
3. Provide notes on the plan that state how many existing parking spaces there are, and
how many are proposed.
4. The health department will need to determine the impacts to the drainfields.
Historic Resources Planner
The following comments related to historic resources have been provided by Margaret
Maleszewski:
1. The Buck Mountain Church is an important historic resource listed on the Virginia
Landmarks Register (VLR). It is recommended that any additions or other changes to the
church property be completed without compromising the VLR status. The applicant's
description suggests that the addition will be compatible with the existing building, and
the proposed location of the addition would support this. However, no architectural
drawings were submitted for review. It is recommended that the applicant submit a
sketch of the proposed addition to confirm that it will be compatible with the historic
building and that it will not compromise the form or integrity of the historic resource, or
its VLR listing.
2. The wooded nature of the site contributes significantly to its overall character. Clarify or
the plan the quantity, locations and sizes of trees to be removed for the parking lot
expansion. Identify on the plan the size, species and location of the tree that is to be
removed for the addition.
Zoning
The following comments related to zoning matters have been provided by Ron Higgins:
1. The proposed future parking for up to 68 -81 spaces exceeds the 40 spaces allowed by
the church use (33x 120 %). However, the request for an increase in parking is included
with the special permit application. This will require a separate action by the Board to
allow the increase. Any such increase should be considered carefully in light of the
potential number of trees on the site that would have to be removed. It appears that
approximately 25 trees would be jeopardized by the expansion of parking.
2. If significant parking is to be added to the site, it is recommended that a site
development plan be required for review and approval, which would include details
regarding the tree locations, tree protection and other information necessary for a
complete evaluation (entrances, storm water /drainage, septic, lighting, etc.).
3. Standard conditions for churches should be used, including, among others: "General
accord with the Conceptual Plan titled ......." (with major elements identified), and;
"Private school or day care /nursery school use requires separate special use permits ".
Current Development
The following comments regarding your proposal's ability to meet site plan or subdivision
ordinance requirements in the future:
1. An amendment to the site plan will be required for the building addition and any
additional parking, access, circulation changes to the site.
Engineering and Water Resources
The following comments related to engineering and water resources have been provided by
Glenn Brooks:
1. The site's additional impervious surfaces (roof and gravel parking areas) will need to
meet the requirements of the Water Protection Ordinance prior to site plan approval.
VDOT
Comments from VDOT have been provided by Troy Austin:
1. A turn lane warrant analysis should be provided to ensure that the proposed addition
does /does not trigger the need for left or right turn lanes for the existing entrances.
2. It appears from the conceptual plan that the existing southern entrance may not be
built in accordance with the current commercial entrance standards. Both entrances to
parking lots should be constructed to the current commercial entrance standards.
3. Both of these items could be addressed during site plan review.
Fire and Rescue
Comments from Fire and Rescue have been provided by Robbie Gilmer:
1. Fire apparatus access needs to be addressed. Please contact the Albemarle County Fire
Marshal's office to discuss.
Action after Receipt of Comments
After you have read this letter, please take one of the actions identified on "Action After
Receipt of Comment Letter" which is attached.
Resubmittal
If you choose to resubmit, please use the attached form. There is no fee for the first
resubmittal. The resubmittal date schedule is provided for your convenience.
Notification and Advertisement Fees
Recently, the Board of Supervisors amended the zoning ordinance to require that applicants
pay for the notification costs for public hearings. Prior to scheduling a public hearing with the
Planning Commission, payment of the following fees is needed:
$83.95 Cost for newspaper advertisement
$204.14 Cost for notification of adjoining owners (minimum $200 + actual postage /$1 per
owner after 50 adjoining owners)
$288.09 Total amount due prior to Planning Commission public hearing
Prior to the Board of Supervisor's public hearing, payment of the newspaper advertisement for
the Board hearing needed.
$83.95 Additional amount due prior to Board of Supervisors public hearing
$372.04 Total amount for all notifications Fees may be paid in advance. Payment for both
the Planning Commission and Board of Supervisors public hearings may be paid at the same
time.
Additional notification fees will not be required unless a deferral takes place and adjoining
owners need to be notified of a new date.
Feel free to contact me if you wish to meet or need additional information. My email address is
myaniglos @albemarle.org.
Sincerely,
Megan Yaniglos
Senior Planner, Planning Services
cc: Joy Matthews joyafm @gmail.com
enc: Action After Receipt of Comments
Resubmittal Form
DEPARTMENT OF COMMUNITY DEVELOPMENT
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ACTION AFTER RECEIPT OF COMMENT LETTER
Within 30 days of the date of this letter, please do one of the following:
(1) Resubmit in response to review comments
(2) Request indefinite deferral
(3) Request that your Planning Commission public hearing date be set
(4) Withdraw your application
(1) Resubmittal in Response to Review Comments
If you plan to resubmit within 30 days, make sure that the resubmittal is on or before a
resubmittal date as published in the project review schedule. The resubmittal schedule for 2013
is not complete yet, staff will forward them once they are complete. The remaining 2012 dates
may be found at www.albemarle.org in the "forms" section at the Community Development
page. Be sure to include the resubmittal form on the last page of your comment letter with
your submittal.
The application fee which you paid covers staff review of the initial submittal and one
resubmittal. Each subsequent resubmittal requires an additional fee. (See attached Fee
Schedule.)
(2) Request Indefinite Deferral
If you plan to resubmit after 30 days from the date of the comment letter, you need to request
an indefinite deferral. Please provide a written request and state your justification for
requesting the deferral. (Indefinite deferral means that you intend to resubmit /request a
public hearing be set with the Planning Commission after the 30 day period.)
(3) Request Planning Commission Public Hearing Date be Set
At this time, you may schedule a public hearing with the Planning Commission. However, we
do not advise that you go directly to public hearing if staff has identified issues in need of
resolution that can be addressed with a resubmittal.
After outstanding issues have been resolved and /or when you are ready to request a public
hearing, staff will set your public hearing date for the Planning Commission in accordance with
the Planning Commission's published schedule and as mutually agreed by you and the County.
The staff report and recommendation will be based on the latest information provided by you
with your initial submittal or resubmittal. Please remember that all resubmittals must be made
on or before a resubmittal date.
By no later than twenty -one (21) days before the Planning Commission's public hearing, a
newspaper advertisement fee and an adjoining owner notification fee must be paid. (See
attached Fee Schedule) Your comment letter will contain the actual fees you need to pay.
Payment for an additional newspaper advertisement is also required twenty -two (22) days prior
to the Board of Supervisors public hearing. These dates are provided on the attached Legal Ad
Payments for Public Hearings form.
Please be advised that, once a public hearing has been advertised, only one deferral prior to the
Planning Commission's public hearing will be allowed during the life of the application. The
only exception to this rule will be extraordinary circumstances, such as a major change in the
project proposal by the applicant or more issues identified by staff that have not previously
been brought to the applicant's attention. As always, an applicant may request deferral at the
Planning Commission meeting.
(4) Withdraw Your Application
If at any time you wish to withdraw your application, please provide your request in writing.
Failure to Respond
If we have not received a response from you within 30 days, we will contact you again. At that
time, you will be given 10 days to do one of the following: a) request withdrawal of your
application, b) request deferral of your application to a specific Planning Commission date as
mutually agreed to with staff, or c) request indefinite deferral and state your justification for
requesting the deferral. If none of these choices is made within 10 days, staff will schedule
your application for a public hearing based on the information provided with your original
submittal or the latest submittal staff received on a resubmittal date.
Fee Payment
Fees may be paid in cash or by check and must be paid at the Community Development Intake
Counter. Make checks payable to the County of Albemarle. Do not send checks directly to the
Review Coordinator.
FEE SCHEDULE FOR ZONING APPLICATIONS
A. For a special use permit:
1.
Additional lots under section 10.5.2.1; application and first resubmission
Fee............................................................................ ............................... ......................$1,000.00
Each additional resubmittal ....................................... ............................... ........................$500.00
2.
Public utilities; application and first resubmission
Fee............................................................................ ............................... ......................$1,000.00
Each additional resubmittal ....................................... ............................... ........................$500.00
3.
Day care center; application and first resubmission
Fee............................................................................ ............................... ......................$1,000.00
Each additional resubmittal ....................................... ............................... ........................$500.00
4.
Home occupation Class B; application and first resubmission
Fee............................................................................ ............................... ......................$1,000.00
Each additional resubmittal ....................................... ............................... ........................$500.00
5.
5. Amend existing special use permit; application and first resubmission
Fee............................................................................ ............................... ......................$1,000.00
Each additional resubmittal ....................................... ............................... ........................$500.00
6.
Extend existing special use permit; application and first resubmission
Fee............................................................................ ............................... ......................$1,000.00
Each additional resubmittal ....................................... ............................... ........................$500.00
7.
All other special use permits; application and first resubmission
Fee............................................................................ ............................... ......................$2,000.00
Each additional resubmittal ........................................................... ...............................
$1,000.00
8.
Deferral of scheduled public hearing at applicant's request
Fee............................................................................. ............................... ........................$180.00
B. For amendment to text of zoning ordinance:
Fee...................................................................................
............................... .......................$1000.00
C. Amendment
to the zoning map:
1.
Less than 50 acres; application and first resubmission
Fee............................................................................ ............................... ......................$2,500.00
2.
Less than 50 acres; each additional resubmission
Fee............................................................................ ............................... ......................$1,250.00
3.
50 acres or greater; application and first resubmission
Fee............................................................................ ............................... ......................$3,500.00
4.
50 acres or greater; each additional resubmission
Fee............................................................................ ............................... ......................$1,750.00
5.
Deferral of scheduled public hearing at applicant's request
Fee............................................................................. ............................... ........................$180.00
D. Board of Zoning Appeals:
1.
Request for a variance or sign special use permit
Fee............................................................................. ............................... ........................$500.00
2.
For other appeals to the board of zoning appeals (including appeals of zoning administrator's
decision) —
Fee (to be refunded if the decision of the zoning administrator is overturned) .......$240.00
N. Required notice:
1.
Preparing and mailing or delivering up to fifty (50) notices:
Fee............................................................................. ............................... ........................$200.00
plus
the actual cost of first class postage
2.
Preparing and mailing or delivering, per notice more than fifty (50):
Fee............................................................................... ............................... ..........................$1.00
plus
the actual cost of first class postage
3.
Published notice:
Fee.............................................................................. ............................... .........................Actual
cost
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County of Albemarle
Department of Community Development
Memorandum
To: Ron Higgins
From: Mandy Burbage, Senior Planner
Date: January 24, 2014
Subject: Zoning Comments for SP 2013 -23 Buck Mountain Episcopal Church
Addition
Please consider these comments in addition to the zoning comments provided by Ron Higgins in a
letter dated January 16, 2014.
Revised Site Plan
We recommend that the applicant indicate the location of any wells & septic fields on the revised site
plan.
In the Rural Area, a 20 foot buffer is typically required between residential and non - residential uses on
adjacent properties. The concept plan indicates a wooded area between one of the proposed parking
areas and the adjacent residential properties. On the revised site plan, please indicate whether any
additional screening is proposed in this area.
Is any new exterior lighting proposed? If so, please indicate the location of any proposed lighting on
the revised plan and a description of the type of fixtures to be used. Additional buffering may be
needed to mitigate the impact of any exterior lighting on adjacent residential properties.
Parking Study
Please provide additional information about current usage of the parking area: What is the estimated
peak number of cars and how often does the church experience this peak number? Does the
applicant anticipate that the proposed amount of new parking would accommodate this peak number
once the addition is complete?
Accessory Uses
The applicant lists a number of activities occurring on site, including exercise & ballroom dancing, a
seasonal farmer's market, and a food pantry pick up. Per County Code, these activities are required to
be customarily accessory to the primary use of the property. Please describe whether the food pantry
activity occurs in association with an outside entity like the Food Bank or if it is solely a church -
sponsored initiative. In addition, it was our understanding that the site was the location of a farmstand.
If the use has become a seasonal farmer's market, we recommend that the applicant apply for a
separate special use permit for the farmer's market use concurrent with the SP for the addition since a
farmer's market is not considered customarily accessory to the church use.