HomeMy WebLinkAboutSP201200021 Staff Report 2013-06-24COUNTY OF ALBEMARLE
STAFF REPORT SUMMARY
Project Name:
Staff: Scott Clark, Senior Planner
SP2012 -00021 Faith & Grace Christian
Fellowship
Planning Commission Public Hearing: May
Board of Supervisors Public Hearing:
21, 2013
TBA
Owner /s: Faith & Grace Christian
Applicant: Faith & Grace Christian
Fellowship
Fellowship
Acreage: 1.38 acres
Special Use Permit: 10.2.2.35, Church
building and adjunct cemetery
TMP: 087BO- 00- 00- OOIAO, 087BO -00-
Existing Zoning and By -right use: RA
00 -00200
Rural Areas - agricultural, forestal, and
Location: 3917 and 3935 Rock Branch Rd.
fishery uses; residential density (0.5 unit /acre
in development lots)
Magisterial District: Samuel Miller
Conditions or Proffers: Yes
RA (Rural Areas)
Requested # of Dwelling Units: n/a
Proposal: Request for a special use permit to
Comprehensive Plan Designation: Rural
convert an existing residence to a church on
Areas - preserve and protect agricultural,
1.38 acres. No dwellings proposed.
forestal, open space, and natural, historic and
scenic resources/ density ( .5 unit/ acre in
development lots)
Character of Property: Rural residential
Use of Surrounding Properties: Small- and
large -lot rural residences
Factors Favorable
Factors Unfavorable
1. The Virginia Department of
1. The proposed church building is within
Transportation has approved the
65 feet of a neighboring dwelling,
proposed access to the site.
raising concerns about noise and light.
2. The conceptual plan proposes additional
screening plantings on the side of the
property facing the Entrance Corridor.
RECOMMENDATION: Staff recommends approval of SP2012- 00021, with conditions.
STAFF PERSON: Scott Clark
PLANNING COMMISSION: May 21st, 2013
BOARD OF SUPERVISORS: TBD
AGENDA TITLE: SP201200021 Faith & Grace Christian Fellowship
PROPERTY OWNER: Faith & Grace Christian Fellowship
APPLICANT: Faith & Grace Christian Fellowship
PETITION:
PROPOSED: Request for a special use permit to convert an existing residence to a church on
1.38 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
COMPREHENSIVE PLAN LAND USE /DENSITY: Rural Areas in Rural Area 3 - Preserve and
protect agricultural, forestal, open space, and natural, historic and scenic resources/ density (0.5
unit /acre in development lots)
ENTRANCE CORRIDOR: YES
PROFFERS: NO
LOCATION: 3917 and 3935 Rock Branch Rd.
TAX MAP /PARCEL: 087BO- 00- 00- OOIAO, 087BO -00 -00 -00200
MAGISTERIAL DISTRICT: Samuel Miller
COMPREHENSIVE PLAN:
The Comprehensive Plan designates the property as Rural Area.
CHARACTER OF THE AREA:
The immediate surroundings of the site are characterized by small- and large -lot rural residential
development.
PLANNING AND ZONING HISTORY:
H02004- 00207: A previous owner of the property received approval of a request for a Home
Occupation A on May 17, 2004.
REGULATORY CONTEXT:
SP201200021 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 applicants are proposing to use an existing 1,200- square -foot structure on the property as a
church, with a possible future expansion to a total of 1,740 square feet. This church would be the
only facility for this church organization, and would be used for worship services and other
religious purposes. There is a second structure on the property, a dwelling of approximately
1,135 square feet, that would not be used for worship services, but that might be used for board
meetings, Sunday school classes, etc. The site would have 23 parking spaces, which the
applicants have stated would be sufficient for their most - attended functions (up to 80 persons,
with many arriving as families in single vehicles).
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 increase levels of activity in an effectively
residential portion of the Rural Areas.
The nearest dwelling, on Tax Map 87 Parcel 33, is approximately 65 feet from the church
building. Two other dwellings across Rock Branch Road are approximately 160 and 265
feet away. Staff is recommending a condition of approval that would require any outdoor
lighting to be shielded from adjacent properties. The applicants have not proposed any
outdoor amplified sound for this use. Other sources of noise might include arriving and
departing vehicles, and voices from outdoor activities such as church picnics.
While the church building is located relatively close to an adjacent dwelling, given the
scale of the proposed use and the fact that most activity would be indoors, staff opinion is
that there will not be a significant negative impact on adjacent properties.
Traffic impacts would increase. However, the applicants have stated that their largest
event has attracted 80 people, most of whom arrived with several persons per vehicle, as
the church's activities are focused on family groups. The 23 parking spaces shown on the
conceptual plan are intended to accommodate the number of vehicles that the applicants
have observed at events of that size. The applicants expect that most events and services
would be below that size.
Overall, the impacts are expected to be typical for a small church in the type of rural
residential setting where such uses often occur.
Will the character of the zoning district change with this use?
Small churches are found throughout the Rural Areas zoning district. An additional
church would not change the overall character of the district.
The property is also in the Entrance Corridor (EC) overlay zoning district. The Design
Planner has reviewed the conceptual plan. As the proposal would use an existing
building, would involve limited tree - cutting, and would supply additional screening
vegetation along the Entrance Corridor, the Design Planner finds that the character of this
zoning overlay district would not be significantly changed.
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?
The Virginia Department of Transportation (VDOT) has reviewed and approved the
proposed entrances for the site, which are the two westernmost entrances shown on Rock
Branch Road. The dashed entrances shown for the existing dwelling are not proposed to
be used for the church. VDOT has not noted any problems with the capacity of Rock
Branch Road to carry traffic generated by this use.
The Fire /Rescue Department has noted that access to the building for emergency vehicles
and equipment must be provided. While the conceptual plan does not show obstructions
to access, staff is recommending a condition of approval requiring Fire /Rescue and
building official approval before the use begins.
The applicants have consulted with the Virginia Department of Health to ensure that the
site's water supply and septic - processing capacities would be sufficient for the use. Staff
is recommending a condition of approval that would require written confirmation of
VDH's approval of the well and septic facilities before the use could begin.
SUMMARY AND ACTION
Staff has identified factors which are favorable and unfavorable to this proposal:
Factors favorable to this request include:
1. The Virginia Department of Transportation has approved the proposed access to the
site.
2. The conceptual plan proposes additional screening plantings on the side of the property
facing the Entrance Corridor.
Factors unfavorable to this request include:
1. The proposed church building is within 65 feet of a neighboring dwelling, raising concerns
about noise and light.
RECOMMENDATIONS:
Staff recommends approval of SP2012 -00021 Faith & Grace Christian Fellowship based upon
the analysis provided herein, with the following conditions:
1. Development of the use shall be in general accord with the conceptual plan entitled
"Faith and Grace Christian Fellowship," (including the sheets titled "Parking & Site
Plan" and "Tree Cover /Landscape Plan," prepared by Nathaniel Rexrode, and dated
January 13, 2013.
To be in general accord with the plan, development shall reflect the following central
features essential to the design of the development:
❑ location and size of the church building
❑ the location of the parking areas and the entrances from the public road
❑ location and extent of plantings
Minor modifications to the plan which do not conflict with the elements above may be made
to ensure compliance with the Zoning Ordinance.
2. The structure labeled on the conceptual plan as "1 Story wBasement" shall not be used for
worship services.
3. The use shall not commence until all parking spaces have been delineated by the use of
parking stops.
4. All outdoor lighting shall be only full cut -off fixtures and shielded to reflect light away from
all abutting properties.
5. There shall be no day care center or private school on site without approval of a separate
special use permit;
6. The use shall not commence without written approval from the Virginia Department of
Health of the water supply and septic system.
7. The use shall not commence without approval from the building official and the fire official.
8. The use shall not commence until a plat combining tax map parcels 087BO- 00- 00 -OOIAO and
087BO -00 -00 -00200 has been recorded.
9. The use shall commence on or before [date two years from Board approval] or the permit
shall expire and be of no effect.
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 -00021 Faith & Grace Christian
Fellowship with the conditions recommended by staff.
B. Should a Planning Commissioner choose to recommend denial of this special use
permit:
Move to recommend denial of SP SP 2012 -00021 Faith & Grace Christian
Fellowship. Should a commissioner motion to recommend denial, he or she should state
the reason(s) for recommending denial.
ATTACHMENTS
Attachment A – Vicinity Map
Attachment B – Site Map
Attachment C – Conceptual Plan
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