HomeMy WebLinkAboutSP201200014 Legacy Document 2012-09-11 (4)COUNTY OF ALBEMARLE
STAFF REPORT SUMMARY
Project Name:
Staff: Scott Clark, Senior Planner
SP2012 -00014 Free Union Baptist Church
Planning Commission Public Hearing: September
Board of Supervisors Public Hearing: TBA
11, 2012
Owner /s: Free Union Baptist Church
Applicant: Free Union Baptist Church
Acreage: 2 acres
Special Use Permit: 10.2.2.35, Church building and
adjunct cemetery
TMP: 04800 -00 -00 -00400
Existing Zoning and By -right use: RA Rural Areas -
Location: 3608 Brook Mill Ln
agricultural, forestal, and fishery uses; residential
density (0.5 unit/acre in development lots)
Magisterial District: Rivanna
Conditions or Proffers: Yes
RA (Rural Areas)
Requested # of Dwelling Units: n/a
Proposal: Expansion of fellowship hall of existing
Comprehensive Plan Designation: Rural Areas -
church on 2 acres. No dwellings proposed.
preserve and protect agricultural, forestal, open space,
and natural, historic and scenic resources/ density ( .5
unit/ acre in development lots)
Character of Property: Flat site with church building
Use of Surrounding Properties: Residences, farms,
and mature trees.
forests, and open space
Factors Favorable
Factors Unfavorable
1. An existing, nonconforming use would be
None
brought into conformity with the Zoning
Ordinance
2. No significant impacts would be created by the
proposed addition
RECOMMENDATION: Staff recommends approval of this Special Use Permits, with conditions.
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
Scott Clark
September 11, 2012
TBA
PETITION:
PROPOSAL: Expansion of fellowship hall of existing church on 2 acres. No dwellings proposed.
ZONING CATEGORY /GENERAL USAGE: RA Rural Areas - agricultural, forestal, and fishery
uses; residential density (0.5 unit /acre in development lots)
SECTION: 10.2.2.35 Church building and adjunct cemetery
ENTRANCE CORRIDOR: No
COMPREHENSIVE PLAN: Rural Areas — preserve and protect agricultural, forestal, open
space, and natural, historic and scenic resources/ density (0.5 unit/ acre in development lots)
LOCATION: 3608 Brook Mill Ln.
TAX MAP /PARCEL: 04800 -00 -00 -00400
MAGISTERIAL DISTRICT: Rivanna
COMPREHENSIVE PLAN:
The Comprehensive Plan designates the property as Rural Area.
CHARACTER OF THE AREA:
The site is northwest of Stony Point, in a rural area characterized by a mix of large- and small -lot
residential subdivisions and moderately -sized farm and forest parcels.
PLANNING AND ZONING HISTORY:
No previous applications have been submitted for this property.
REGULATORY CONTEXT:
SP201200014 is subject to the First Amendment's Establishment and Free Exercise Clauses and
the Religious Land Use and Institutionalized Persons Act of 2000 ( "RLUIPA "). One key
provision of RLUIPA states:
No government shall impose or implement a land use regulation in a manner that imposes
a substantial burden on the religious exercise of a person, including a religious assembly
or institution, unless the government demonstrates that imposition of the burden on that
person, assembly, or institution — (A) is in furtherance of a compelling governmental
interest; and (B) is the least restrictive means of furthering that compelling governmental
interest. (italics added)
42 U.S.C. § 2000cc(a)(1). RLUIPA also requires that land use regulations: (1) treat a religious
assembly or institution on equal terms with nonreligious assemblies and institutions; (2) not
discriminate against any assembly or institution on the basis of religion or religious
denomination; and (3) not totally exclude religious assemblies, or unreasonably limit religious
assemblies, institutions or structures, from the locality. 42 U.S.C. § 2000cc(b).
APPLICANT'S PROPOSAL AND JUSTIFICATION
The dimensions of the existing church building are 70 feet by 24 feet. The proposal is to add an
extension of 24 feet by 24 feet. This addition would not increase the area of assembly, and would
be used to accommodate meetings and special events that current have to be held in the area of
assembly or outdoors in tents.
The area of the proposed addition would be 576 square feet. Staff is proposing a limit of 600
square feet to allow for possible small variations during construction and to prevent delays to
approval of the necessary building permits.
STAFF COMMENT:
Section 31.6.1 of the Zoning Ordinance below requires that special use permits be reviewed as
follows:
Will the use be of substantial detriment to adjacent property?
Approval of this special use permit would bring an existing church into conformity with
the Zoning Ordinance and would permit only a minor expansion that would not
significantly increase the level of use on the site. No substantial detriment to adjacent
property is expected.
Will the character of the zoning district change with this use?
As the character and scale of use on the site will not significantly change, the character of
the zoning district will not change.
Will the use be in harmony with the purpose and intent of the zoning ordinance?
Religious land uses are not specifically addressed in the purpose or intent of the zoning
ordinance. However, they have generally been considered as compatible land uses in
rural and residential areas.
Will the use be in harmony with the uses permitted by right in the district?
Churches are common in the Rural Areas zoning district, and have generally been
considered in harmony with agricultural land uses and with residential uses.
Will the use be in harmony with additional regulations provided in section 5?
There are no additional regulations in section 5 for churches.
Will the public health, safety and general welfare of the community be protected if the
use is approved?
No change or intensification of use is proposed. However, the Virginia Department of
Transportation has recommended that the church's sign at Route 784 be moved to
improve sight distance. Staff has included a proposed condition of approval to address
this.
SUMMARY AND ACTION
Staff has identified factors which are favorable and unfavorable to this proposal:
Factors favorable to this request include:
1. An existing, nonconforming use would be brought into conformity with the Zoning
Ordinance
2. No significant impacts would be created by the proposed addition
No unfavorable factors were found.
RECOMMENDATION: Staff recommends approval of SP2012 -00014 Free Union Baptist
Church based upon the analysis provided herein, with the following conditions:
1. No new construction shall occur on the site except for the proposed addition to the
church building.
2. The floor area of the addition to the existing church building shall not exceed 600
square feet.
3. Construction of the addition shall not commence until the Virginia Department of
Transportation has approved the location of the church sign on Route 784.
PLANNING COMMISSION MOTION — Special Use Permit:
A. Should a Planning Commissioner choose to recommend approval of this special use
permit:
Move to recommend approval of SP 2012 -00014 Free Union Baptist Church with
the following conditions:
1. No new construction shall occur on the site except for the proposed addition to the
church building.
2. The floor area of the addition to the existing church building shall not exceed 600
square feet.
3. Construction of the addition shall not commence until the Virginia Department of
Transportation has approved the location of the church sign on Route 784.
Move to recommend denial of SP 2012 -00014 Free Union Baptist Church. Should a
commissioner motion to recommend denial, he or she should state the reasons) for
recommending denial.
ATTACHMENTS
Attachment A
— Vicinity
Attachment B
— Site Map
Attachment C
— Site Sketch