HomeMy WebLinkAboutSP200700052 Legacy Document 2009-04-14COUNTY OF ALBEMARLE
PLANNING STAFF REPORT SUMMARY
Project Name:
Staff: Scott Clark
SP 2007-00052 Nortonsville Church of God
Planning Commission Public Hearing:
Board of Supervisors Public Hearing:
April 21, 2009
June 10, 2009
Owner/s: Nortonsville Church Of God; Renchler N
Applicants: Nortonsville Church Of God; Renchler N
Shifflett Trs et al
Shifflett Trs et al
Acreage: 5.943 acres
Special Use Permit: 10.2.2.35 Church building
and adjunct cemetery
TMP: Tax Map 9 Parcel 4
Existing Zoning and By -right use: RA -- Rural
Location: 1550 Simmons Gap Road (Route 663), 0.67
Areas: agricultural, forestal, and fishery uses;
miles southeast of the intersection with Route 810
residential density (0.5 unit/acre in development lots);
Magisterial District: White Hall
Conditions: Yes
RA (Rural Areas)
Requested # of Dwelling Units: n/a
Proposal: Addition of 14,000 square foot Family Life
Comprehensive Plan Designation: Rural Areas -
and Music Center for up to 500 attendees to existing
preserve and protect agricultural, forestal, open space,
church.
and natural, historic and scenic resources/ density ( .5
unit/ acre in development lots
Character of Property: The property is open, with
Use of Surrounding Properties: Most adjacent
only slight slopes.
properties are small residential parcels. A larger farm
parcel lies across Simmons Gap Road
1. Factors Favorable: There are no known
1. Factors Unfavorable: The scale of the
significant physical limitations that would
new building is large for a rural church.
prevent this expansion.
However, it is intended to accommodate
the church's existing activities, for which
they currently do not have enough space.
RECOMMENDATION: Staff recommends approval of this Special Use Permit, with conditions.
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Petition
PROPOSED: Addition of 14,000 square foot Family Life and Music Center for up to 500 attendees to
existing church.
ZONING CATEGORY/GENERAL USAGE: RA -- Rural Areas: agricultural, forestal, and fishery uses;
residential density (0.5 unit/acre)
SECTION: 10.2.2.35 Church building and adjunct cemetery.
COMPREHENSIVE PLAN LAND USE/DENSITY: Rural Areas - preserve and protect agricultural,
forestal, open space, and natural, historic and scenic resources/ density ( .5 unit/ acre)
ENTRANCE CORRIDOR: No
LOCATION: 1550 Simmons Gap Road (Route 663), 0.67 miles southeast of the intersection with Route
810
TAX MAP/PARCEL: Tax Map 9 Parcel 4
MAGISTERIAL DISTRICT: White Hall
Character of the Area:
The site is located in a rural area characterized by a mixture of woods and pastures, with smaller
residential parcels lined along the roads.
Planning and Zoning History:
SP 95-28: On October 11, 1995, the Board of Supervisors approved this special use permit, which
allowed an expansion of the existing church on the site. The original church became a fellowship
hall, and the new building provided a larger sanctuary area, classrooms, and a kitchen.
Specifics of the Proposal:
Nortonsville Church of God is proposing to add a building with a 14,000 -square -foot footprint
(28,000 square feet total interior area, including the basement) to their 5.9 -acre parcel (see
Attachment C for the proposed conceptual plan) in order to provide additional space for church and
community activities (on the first floor), as well as additional storage (in the basement). The new
building would be used for church activities that include musical events, meetings and activities for
the congregation, church camps, and education. The original church, now used as a fellowship hall,
does not provide enough space for the church's existing activities.
The applicants estimate that peak attendance on the site, either for evening services or special events
in the new building, would be 500 people. Attachment D includes the application information and
tables showing the estimated levels of use on the site.
The site currently includes a parsonage that would be removed before construction of the new
building. The applicants have proposed to include the replacement parsonage inside the new
building. The County Attorney's office and the Zoning division have determined that a parsonage is
accessory to a church and can be permitted in the building. In this case, there is no change is the
number of parsonages, only the location.
SP 95-28 applied to the 1.6 -acre parcel immediately surrounding the church. That parcel has since
been combined with the adjacent church property, and the current proposal would apply to the entire
5.943 -acre property.
Regulatory Context:
This application 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:
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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).
Conformity With The Comprehensive Plan
The Rural Areas Plan calls for "community meeting places, a basic level of services,
and rural organizations and other cultural institutions at traditional rural scales...." This facility would
include a 14,000 -square -foot building (28,000 square feet total including the basement storage area) and
approximately 76 new parking spaces, in addition to the existing 10,473 -square -foot facility (original
church, church addition, and parsonage, with 79 parking spaces). While this is new structure is larger than
most rural churches, it is needed for the activities held by an active congregation.
Staff Comment
Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance.
31.2.4.1: Special Use Permits provided for in this ordinance may be issued upon a finding by the
Board of Supervisors that such use will not be of substantial detriment to adjacent property,
As the new facility is intended to provide more space for the existing church's ongoing activities, it
is not expected to create a substantial detriment to adjacent properties. Staff is recommending a
condition of approval requiring that structures adhere to commercial setbacks from the adjacent
properties.
that the character of the district will not be changed thereby and
The increasing sizes of rural churches raise concerns over their physical and aesthetic impacts on
their surroundings. In this case, the surrounding district would still be rural in character, but this
particular property would be more intensely developed. However, given the regulations discussed
above under "Regulatory Context," an increase in a church's capacity is considered a part of its
religious activity.
and with the public health, safety and general welfare.
The Virginia Department of Transportation (VDOT) has stated that the proposed entrances to the site
can be approved.
The County Engineer has stated that the site layout shown on the conceptual plan suggests that this
plan, in more detailed form, will meet the County's requirement for site development plans.
However, he states that some parking spaces near the entrances may not meet the County's standards
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for safe and convenient access. Therefore staff is recommending language in proposed condition of
approval #1 that would permit the applicant to vary the parking design from that shown on their
proposed plan in order to meet the County standards during site -plan review.
Emergency access for a facility of this scale located at a significant distance from fire stations is
a concern. This site would be served by the Earlysville Volunteer Fire Department station.
VDOT records indicate that there are no bridges with weight limits that are too low for fire
equipment along Simmons Gap Road between Earlysville and the church. Estimated fire
response time to the site is approximately 14 minutes, or one minute more than the County's
goal for response times.
As the applicants have not yet provided a detailed plan for a water supply for fire suppression,
staff recommends a condition requiring Fire/Rescue approval of such a water supply before site -
plan approval. As the building is over 12,000 square feet, the Building Code will require that a
fire -suppression sprinkler system be installed.
SUMMARY:
Staff has identified the following factors favorable to this application:
1. There are no known significant physical limitations that would prevent this expansion.
Staff has identified the following factors unfavorable to this application:
1. The scale of the new building is large for a rural church. However, it is intended to
accommodate the church's existing activities, for which they currently do not have
enough space.
RECOMMENDED ACTION:
Based on the findings contained in this staff report, staff recommends approval of SP 2008-00029
South Plains Presbyterian Church with the following conditions:
1. The development of the site shall be in general accord with the "Conceptual Site Plan"
prepared for Nortonsville Church of God by TCS Engineering Co., LLC, dated April 3,
2009 (hereinafter, the "Conceptual Plan"), provided that the maximum building size
shall be governed by Condition 2 rather than the Conceptual Plan. Minor variations from
the Conceptual Plan may be approved by the Zoning Administrator in conjunction with
site plan review to ensure compliance with the Zoning Ordinance.
2. The footprint of the building identified on the Conceptual Plan as "Proposed Multi -
Purpose Building" shall not exceed 15,500 square feet.
3. A dwelling used by the church's staff, located within the church, may be permitted as an
accessory use.
4. All structures shall meet commercial setback standards as set forth in Section 21.7(b) of
the Albemarle County Zoning Ordinance. The tot lot is not subject to this condition.
5. A fire -suppression water supply meeting the approval of the Albemarle County
Fire/Rescue Department shall be required before approval of the preliminary site plan
for this use.
6. Health Department approval of well and/or septic systems.
7. All outdoor lighting shall be only full cut-off fixtures and shielded to reflect light away
from all abutting properties. A lighting plan limiting light levels at all property lines to
no greater than 0.3 foot candles shall be submitted to the Zoning Administrator or their
SP 2007-52
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Staff Report Page 4
designee for approval.
8. There shall be no day care center or private school on site without approval of a separate
special use permit;
9. If the use, structure, or activity for which this special use permit is issued is not
commenced within sixty (60) months after the permit is issued, the permit shall be
deemed abandoned and the authority granted thereunder shall thereupon terminate.
ATTACHMENTS
Attachment A — Area Map
Attachment B — Detail Map
Attachment C — Nortonsville Church of God conceptual plan
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SP 2007-52 Attachment A
PC April 21, 2009
Staff Report Page 6
SP 2007-52 Attachment B
PC April 21, 2009
Staff Report Page 7
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SP 2007-52 Attachment
PC April 21, 2009
Staff Report Page 8
SP 2007-52
PC April 21, 2009
Staff Report Page 9