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HomeMy WebLinkAboutZMA201200006 Staff Report 2013-03-19COUNTY OF ALBEMARLE PLANNING STAFF REPORT SUMMARY Project Name: ZMA 201200006 Church of Our Staff: Claudette Grant Saviour Planning Commission Public Hearing: Board of Supervisors Public Hearing: To Be March19, 2013 Determined Owners: Church of Our Saviour c/o Geoffrey Applicant: Church of Our Saviour c/o Geoffrey Kilmer Kilmer Acreage: Approximately 0.487 acres Rezone from: R -2 residential to C -1 commercial with proffers. TMP: Tax Map Parcel(s) 06100 -00 -00 -14400 By -right use: The R -2 district allows residential (See Attachments A and B) uses at a density of (2 units /acre). Location: 1165 Rio Road East/2412 Huntington Road Magisterial District: Rio Proffers: Yes Proposal: Rezone 0.487 acres from R -2 zoning Requested # of Dwelling Units: — None district to C -1 zoning district to accommodate building and meet 50 -foot setback. (See Attachment C) _ DA (Development Area): Neighborhood 2 in Comp. Plan Designation: Neighborhood Places 29 Density Residential — residential (3 — 6 units /acre) supporting uses such as religious institutions, schools and other small -scale non- residential uses and Urban Mixed Use (in areas around Centers) — commercial and retail uses that are not accommodated in Centers in Places 29. Character of Property: The parcel is developed Use of Surrounding Properties: There is a with a church, associated buildings and parking small strip development with retail and office areas, a cemetery, and a former residence that uses located east of the subject site. There is is now used for church activities. also some vacant undeveloped, wooded land located east of the church property. Adjacent to the church and to the north is the Norfolk Southern railroad track. There is a mix of various residential uses located in the neighborhoods, north, south and west of the subject property. Factors Favorable: Factors Unfavorable: 1. The rezoning request would be 1. None consistent with the Comprehensive Plan. 2. The use is consistent with the uses permitted under the existing C -1 zoning district. 3. This rezoninq request would correct the Church of Our Saviour PC Public Hearing 3/19/2013 issue of the non - conforming use being in the required 50 foot buffer required from the R -2 district. 4. This rezoning request would allow the church to continue to provide a service in the local community. RECOMMENDATION: Staff recommends approval with proffers. Church of Our Saviour PC Public Hearing 3/19/2013 STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: ZMA 201200006 Church of Our Saviour Claudette Grant March 19, 2013 To Be Determined PETITION PROJECT: ZMA201200006 /Church of Our Saviour PROPOSAL: Rezone 0.487 acres from R -2 Residential, which allows residential uses at a density of two units per acre, to C -1 Commercial which allows commercial - retail sales and service; residential by special use permit uses at a density of 15 units /acre in order to allow an existing building or a replacement building to meet a 50 -foot setback requirement of the C -1 zoning for buildings adjacent to residential zoning districts. No dwellings proposed. ENTRANCE CORRIDOR: Yes AIRPORT IMPACT AREA: Yes PROFFERS: Yes COMPREHENSIVE PLAN: Neighborhood Density Residential — residential (3 — 6 units /acre) supporting uses such as religious institutions, schools and other small -scale non- residential uses and Urban Mixed Use (in areas around Centers) — commercial and retail uses that are not accommodated in Centers in Neighborhood 2 - Places 29. LOCATION: 1165 Rio Road East and 2412 Huntington Road TAX MAP /PARCEL: 06100000014400 and 061000000146DO MAGISTERIAL DISTRICT: Rio CHARACTER OF THE AREA The subject site has a somewhat low rolling terrain and there are several trees on the property. The Norfolk Southern railroad line is located to the north along with a residential neighborhood. A small commercial /retail shopping strip is located to the east of the property and the church also has a thrift store nearby. The metal building now owned by the church was previously part of a metal fabrication company. The land around the metal building is gravel and roughly graded. It was used for parking and material storage. The church still uses the area for parking. This area has a mix of residential uses and small scale commercial uses. SPECIFICS OF THE PROPOSAL The existing church, cemetery and most of the parking associated with the church use is located on a parcel zoned R -2. (TMP06100000014400). The adjacent parcel (TMP061000000146D0) is also owned by the church, and is zoned C -1, and contains an existing metal shell building. The site with the metal building is currently being used for church activities and overflow parking for church activities. The church is proposing to expand a youth center on the C -1 zoned parcel, either within the existing metal building or a new building in the same location. The applicant originally requested a site plan to demolish the existing metal building and rebuild a building of similar size on the C -1 property for the purpose a of a youth center. Upon discovering that the existing metal building does not meet a 50 -foot setback requirement for a building located in a C -1 district from a residential district, the applicant submtted this zoning request to rectify this non - compliance with the existing structure /site for a new structure (the church is currently unsure whether they will continue to use the existing metal building or a new building for the youth center). This rezoning request rezones 0.487 acres of the church parcel (TMP 06100000014400 from R -2 to C -1. This moves the boundary of the C -1 zoning far enough onto the "church parcel to allow the metal building /buildingsite to be in compliance with the Zoning Ordinance and will provide the required 50 foot buffer between the proposed structure in the C -1 district from the R -2 district. Church of Our Saviour PC Public Hearing 3/19/2013 APPLICANT'S JUSTIFICATION FOR THE REQUEST The applicant wishes to remedy a non compliance with the Zoning Ordinance by providing the metal building /building site on the adjacent property with the required 50 foot setback from the R -2 district property, which is the site of the church. PLANNING AND ZONING HISTORY Portions of this site, for example, the house, have no planning or zoning history. The original site preceded site plan requirements, which explains how the metal building was placed in the 50 foot setback. Over the years, there have been subdivision and site plan approvals relating to this church property. The following highlights the focal site plan and special use permit requests for the property: On January 13, 1987, the Planning Commission approved a site plan to construct a new parish hall and expand its parking (SDP 87 -004). At that time, the expansion of existing churches was not seen as an expansion of a non - conforming use. As a result, the church met all the requirements set forth by the development departments and was not required to apply for a special use permit. In 1991, The Church of Our Saviour received Planning Commission approval to share seven (7) parking spaces (on the R -2 zoned church property) for a thrift shop it wanted to start on another adjacent property the church owns (SDP 91 -021). At that time, VDOT required the church to close the entrances off of Rio Road into the proposed thrift shop, which the church has done. SP00 -060 was approved by the Board of Supervisors on February 21, 2001 for the use of the adjacent home for supervised Christian education activities. The approval of this special use permit, inclusive of the house, expanded the area of the church along with the expansion of a non - conforming use. SDP2012 -00049 is a preliminary site plan request for the demolition of the metal building and construction of a new building on the same site for church activities. This site plan request was deferred in September 20012, pending the resolution of this rezoning request. COMPREHENSIVE PLAN Land Use Plan: With the adoption of Places 29, the land use plan now designates the subject property as Urban Mixed Use (in areas around Centers) in Neighborhood 2. The purpose /intent of the Urban Mixed Use (in areas around Centers) designation is to provide space for uses that do not fit within a Center because the use requires more land for larger buildings and /or parking lots. The subject property is also designated as Neighborhood Density Residential in the land use plan. This designation is used in areas around Centers where single - family detached and attached housing with a gross density range between 3 — 6 units per acre is desired. This designation is also applied to existing residential areas with densities within or below this range. Churches are viewed as supportive to residential uses in the County and are considered an acceptable use within the Mixed Use land use designation. The County's Open Space Plan shows a historic site (old church building) and cemetery on this site and does not show any significant environmental features on this property. The historic site will not be impacted by this request. The amendment would also allow for the potential reuse of the existing metal building. The metal building is primarily hidden at the rear of the church and this property will barely be seen from the surrounding public streets. The use of the metal building (or replacement building) as an activity center for the church is ancillary to the church use and is currently permitted in the C -1 zoning district. 4 Church of Our Saviour PC Public Hearing 3/19/2013 Staff believes the proposed rezoning is consistent with the Comprehensive Plan designation for this area. The character of the surrounding neighborhood provides a variety of mixed uses. A building associated with a church use would not be out of character in this location or the recommendation of the Comprehensive Plan for this area. The Neighborhood Model: Staff's analysis below indicates how well the proposed development meets the 12 principles of the Neighborhood Model: Pedestrian Orientation Sidewalks connect the main building to the parking areas and there are walkways throughout the property that connect to the auxiliary buildings on the property. This principle is addressed. Neighborhood Friendly This facility has driveways from the street leading to parking Streets and Paths areas on the property. There are trees and walkways throughout the property. This principle is not applicable. Interconnected Streets and Access for this property is from Huntington Road. Although Transportation Networks there is also a 20 foot wide access easement along the eastern boundary of this site, which also provides access to the subject portion of the property. This easement goes across adjacent properties and is not up to public or private road standards. The condition of the access easement is not good for major public use, as the road is a combination gravel and dirt pathway. This easement is not proposed to be used to access this site/building. This principle is not applicable. Relegated Parking The existing parking areas provide parking for the property. Parking also occurs within the gravel areas around the building. At this time parking is not proposed to change. This principle is not applicable. Parks and Open Space This is the site of an existing church. If the existing metal building on the site is demolished and rebuilt, staff considers this a small redevelopment of an existing church. At this time the future of the metal building is unknown. This principle is not applicable. Neighborhood Centers Although there are a number of churches located in the vicinity, this church could be a neighborhood center for the area. This principle is met. Buildings and Spaces of Since the future of the metal building is unknown, and there Human Scale are no definite plans for redevelopment, staff believes this can be addressed during the site plan process with the ARB staff. This principle is not applicable at this time. Mixture of Uses This site is part of an existing church, which is adjacent to a residential neighborhood and a variety of commercial uses, creating an acceptable mix of uses in this area. Mixture of Housing Types This is not applicable, given the existing nature and type of and Affordability facility. Redevelopment It is unknown if the existing metal building will be redeveloped. This principle is not applicable at this time. Site Planning that Respects It is unknown if the existing metal building will be replaced Terrain with a new building or reused. This site has been previously Church of Our Saviour PC Public Hearing 3/19/2013 Economic Vitality Action Plan The primary goal of the County's Economic Vitality Action Plan is to: Increase the County's economic vitality and future revenues through economic development by expanding the commercial tax base and supporting the creation of quality jobs for local residents. This Plan is developed for the benefit and economic well being, first, of current local residents and existing local businesses. The proposed Church of Our Saviour amendment (commercial /service use) would support the Plan by providing services for the local community. Relationship between the application and the purpose and intent of the requested zoning district The C -1 districts are intended to permit more retail sales, service and public use establishments but not as many as Highway Commercial. It is intended that C -1 districts be established only within the urban area, communities and villages in the comprehensive plan. The C -1 district allows for churches and cemetery uses by right. This property subject to the rezoning is currently zoned R -2, which allows residential uses at a density of 2 units per acre. Churches and cemeteries are allowed in the R -2 district by special use permit. Staff believes the proposal is consistent with the intent of the district.. Anticipated impact on public facilities and services Streets: There are no major proposed changes to the property at this time. It is not anticipated that there will be any more added impacts to this already high impacted area. (See Attachment D) Schools: No residential units are proposed, so no impacts are expected on the schools. Fire and Rescue: The Seminole Fire Station on Berkmar Drive near Fashion Square Mall is the nearest station and is located within close proximity of this site. Fire /Rescue has no objection with this development as proposed. Utilities: The site is serviced by public water and sewer. No immediate or significant service capacity issues have been identified by Rivanna Water and Sewer Authority (RWSA). See Attachment E for comments, which can be resolved during the site plan process. Albemarle County Service Authority (ACSA) comments are attached. (See Attachment F) Church of Our Saviour PC Public Hearing 3/19/2013 rough graded and used for parking and storage associated with the previous use (metal fabricating business). If disturbance to the site occurs, minimal disturbance to the terrain is suggested. This principle is not applicable at this time. _ Clear Boundaries with the This principle is not applicable. Rural Areas Economic Vitality Action Plan The primary goal of the County's Economic Vitality Action Plan is to: Increase the County's economic vitality and future revenues through economic development by expanding the commercial tax base and supporting the creation of quality jobs for local residents. This Plan is developed for the benefit and economic well being, first, of current local residents and existing local businesses. The proposed Church of Our Saviour amendment (commercial /service use) would support the Plan by providing services for the local community. Relationship between the application and the purpose and intent of the requested zoning district The C -1 districts are intended to permit more retail sales, service and public use establishments but not as many as Highway Commercial. It is intended that C -1 districts be established only within the urban area, communities and villages in the comprehensive plan. The C -1 district allows for churches and cemetery uses by right. This property subject to the rezoning is currently zoned R -2, which allows residential uses at a density of 2 units per acre. Churches and cemeteries are allowed in the R -2 district by special use permit. Staff believes the proposal is consistent with the intent of the district.. Anticipated impact on public facilities and services Streets: There are no major proposed changes to the property at this time. It is not anticipated that there will be any more added impacts to this already high impacted area. (See Attachment D) Schools: No residential units are proposed, so no impacts are expected on the schools. Fire and Rescue: The Seminole Fire Station on Berkmar Drive near Fashion Square Mall is the nearest station and is located within close proximity of this site. Fire /Rescue has no objection with this development as proposed. Utilities: The site is serviced by public water and sewer. No immediate or significant service capacity issues have been identified by Rivanna Water and Sewer Authority (RWSA). See Attachment E for comments, which can be resolved during the site plan process. Albemarle County Service Authority (ACSA) comments are attached. (See Attachment F) Church of Our Saviour PC Public Hearing 3/19/2013 Anticipated impact on environmental, cultural and historic resources There is no anticipated impact on cultural or historic resources. There are no significant environmental features impacted by this rezoning request. Anticipated impact on nearby and surrounding properties No major anticipated impact is expected on nearby and surrounding properties with this rezoning request. Public need and justification for the change The proposed rezoning will rectify the non - conforming use of the metal building not meeting the required 50 foot buffer between the building located in the C -1 district from the R -2 district. PROFFERS As requested by zoning, the applicant has provided a proffer that restricts the use of the existing cemetery as a commercial cemetery only. A portion of the existing cemetery will be rezoned to the C -1 district in order for the metal building to have a 50 foot setback. This proffer restricts the cemetery for the church's use only. Zoning was concerned that if the church property should ever be sold in the future, the cemetery would not be allowed to become a commercial cemetery because of the zoning district it is located in. This proffer does not preclude the current use of the cemetery for the church use. (See Attachment G) SUMMARY Staff has identified the following factors, which are favorable to this request: 1. The rezoning request would be consistent with the Comprehensive Plan. 2. The use is consistent with the uses permitted under the existing C -1 zoning district. 3. This rezoning request would correct the issue of the non - conforming use being in the required 50 foot buffer required from the R -2 district. 4. This rezoning request would allow the church to continue to provide a service in the local community. Staff has identified the following factors which are unfavorable to this request: 1. None RECOMMENDATION Staff recommends approval of rezoning ZMA201200006, Church of Our Saviour with proffers. ATTACHMENTS ATTACHMENT A — Tax Map ATTACHMENT B — Vicinity Map ATTACHMENT C — Boundary Line Adjustment Plat, dated October 12, 2012 and revised January 3, 2013 ATTACHMENT D — Electronic Mail from Megan Oleynik, dated February 1, 2013 ATTACHMENT E — Electronic Mail from Victoria Fort, dated January 22, 2013 ATTACHMENT F — Electronic Mail from Alex Morrison, dated November 27, 2012 ATTACHMENT G — Proffers, dated February 25, 2013 7 Church of Our Saviour PC Public Hearing 3/19/2013 PLANNING COMMISSION MOTION: A. If the ZMA is recommended for approval: Move to recommend approval of ZMA201200006 Church of Our Saviour as recommended by staff with proffers. B. If the ZMA is recommended for denial: Move to recommend denial of ZMA201200006 Church of Our Saviour with the reasons for denial. g Church of Our Saviour PC Public Hearing 3/19/2013