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HomeMy WebLinkAboutSP200700029 Legacy Document 2010-08-05 (2)COUNTY OF ALBEMARLE STAFF REPORT SUMMARY Project Names: Staff: Scott Clark, Senior Planner SP2007-28 Faith Christian Center Int'l (Church) SP2007-29 Faith Christian Center Int'l (Day Care) Planning Commission Public Hearing: July 13, 2010 Board of Supervisors Public Hearing: TBA Owner/s: Faith Christian Center International, Inc. Applicant: Faith Christian Center International, Inc. Acreage: 9.521 acres Special Use Permit: • 10.2.2(35), Church building and adjunct cemetery • 10.2.2(7), Day care, child care or nursery facility (reference 5.1.06). TMP: Tax Map 78, Parcels 47 and 47A Existing Zoning and By -right use: RA Rural Areas Location: Route 250 East, 0.35 miles southeast of the - agricultural, forestal, and fishery uses; residential Interstate 64 interchange density (0.5 unit/acre in development lots) Magisterial District: Scottsville Conditions or Proffers: Yes RA (Rural Areas) Requested # of Dwelling Units: n/a Proposals: Comprehensive Plan Designation: Rural SP 07-28: Church use with multi-purpose Areas - preserve and protect agricultural, building including 399 -seat sanctuary, forestal, open space, and natural, historic administrative offices, classrooms, playground, and scenic resources/ density ( .5 unit/ as well on-site parking acre in development lots) SP 07-29: Operate Daycare/Preschool, 2year olds - Kindergarten, 50 children maximum; proposed to be located in Faith Christian Center International Church (SP2007-28) Character of Property: The central and southern Use of Surrounding Properties: The properties on portion of the property includes one dwelling and the north side of US 250 and near 1-64 include a mix twenty mobile homes in a cleared area adjacent to US of residential and commercial uses. Across US 250 to 250. The remainder of the property is wooded. the south is the Shadwell property, which is under a historic preservation easement held by the Virginia Department of Historic Resources. Factors Favorable (Church) Factors Unfavorable (Church) 1. The applicant has addressed all the issues 1. This church use is larger than traditional church identified by the Planning Commission at its sizes in the Rural Areas. However, the applicant October 2, 2007 work session. has shown that the site can accommodate the 2. Development plans for the site would significantly physical impacts of the use. improve conditions in the stream buffer on the site. Factors Favorable (Day Care) Factors Unfavorable (Day Care) 1. The applicant has addressed all the issues Staff has identified no unfavorable factors with identified by the Planning Commission at its this application. October 2, 2007 work session. 2. The day care would not have significant impacts on the surrounding community, and would be accommodated in the same structure as the church, thus reducing overall building footprint. RECOMMENDATION: Staff recommends approval of these Special Use Permits, with conditions. Petitions: PROJECT: SP2007-28 Faith Christian Center International (Church) PROPOSED: Church use with multi-purpose building including 399 -seat sanctuary, administrative offices, classrooms, playground, as well parking on site ZONING CATEGORY/GENERAL USAGE: RA -- Rural Areas: agricultural, forestal, and fishery uses; residential density (0.5 unit/acre) SECTION: 10.2.2(35) 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: Yes_x No LOCATION: Route 250 East, 0.35 miles southeast of the Interstate 64 interchange TAX MAP/PARCEL: Tax Map 78, Parcels 47 and 47A PROJECT: SP2007-29 Faith Christian Center International (Day Care) PROPOSED: Operate Daycare/Preschool, 2year olds - Kindergarten, 50 children maximum; proposed located Faith Christian Center International Church (SP2007-28) ZONING CATEGORY/GENERAL USAGE: RA -- Rural Areas: agricultural, forestal, and fishery uses; residential density (0.5 unit/acre) SECTION: 10.2.2(7) 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: Yes _x_No LOCATION: Route 250 East, 0.35 miles southeast of the Interstate 64 interchange TAX MAP/PARCEL: Tax Map 78, Parcels 47 and 47A Character of Property: The central and southern portion of the property includes one dwelling and twenty mobile homes in a cleared area adjacent to US 250. The remainder of the property is wooded. Specifics of the Proposals: The church and daycare uses would be housed in a two-level building with a footprint of approximately 16,198 square feet, and a parking area with approximately 133 spaces (based on the standard calculation of one space per three seats). The church would have a 399 -seat sanctuary, as well as administrative offices, Sunday school rooms, and other classrooms related to the church's religious activities. The daycare use would have a maximum enrollment of 50 children, and is planned to operate from 7 a.m. to 6 p.m. Please see Attachment C for the proposed Conceptual Plan for the proposed development of this site. As part of the proposed development, the applicant intends to replant an area of stream buffer that was heavily impacted by the Sleep Hollow mobile home park on this site. Planning and Zoning History ZMA 338: This 1975 request to rezone the property from B-1 Commercial to A-1 Agricultural, in order to bring the existing mobile home park use into conformity, was withdrawn. The property was subsequently rezoned to RA (Rural Areas) in the County's 1980 comprehensive rezoning. The Planning Commission held a work session on the current proposals on October 2, 2007, based on the original Conceptual Plan in Attachment D (shown for information only). The applicant has responded to the Commission's guidance in subsequent revisions, as noted below: "The Planning Commission generally supported a church in the location, but felt it would take a different design to make it work. Some felt that this might not be the right parcel for a church of this size. The Commission wanted to see a design that was sympathetic to the landscape, mentioning terracing and reducing the parking. The Commission cautioned that the costs of this type of design may result in the church desiring to explore other sites. " The applicant has responded to these concerns by: o Reducing the bulk of the building by putting the entire basement below grade, rather than having a two-story fagade facing Route 250. o Reducing the seating capacity of the sanctuary from 500 to 399 persons. o Reducing the number of parking spaces from 189 to 133, and breaking the parking areas up into separate segments, rather than two large continuous parking areas. o Raising the base grade of the site by 5 feet, thus reducing the size and extent of the large retaining walls shown in the original design. The highest section of retaining wall would be approximately 14 feet high, rather than the 35.5 feet shown on the original plan. "The Planning Commission was willing to process a critical slopes waiver with the SP application, but not for the current design proposal. " The applicant has submitted a waiver request for critical slopes disturbance, along with this significantly altered design proposal. "The Planning Commission agreed that all of the Design Planner's comments should be addressed. " The Architectural Review discussed these proposals at four meetings, and stated on April 6, 2009 that it had no objection to the proposed special use permits. The applicant has addressed design concerns as noted below (with the original Design Planner comments): o Visibility from EC/Existing and Proposed Tree Lines: The initial plan suggests that the site would be cleared of trees, affecting the site's character and the use's visibility. The current proposal would maintain more of the trees on the site, and (under the recommended conditions of approval below) would increase the wooded area of the site in a relatively natural pattern. o Existing House in West Corner of Site: The existing dwelling on TMP 78-47 raises issues of visibility and access. The current plan shows that this dwelling will be removed. o Building Design: The application plan indicates the proposed church is to be a 2 -story structure with a 100'x 140' footprint and projecting entrance foyer. No elevations have been provided. The current plan shows a larger footprint (16,198 square feet), but the building is now proposed to be a single -story building with a basement. The front of the building would no longer include an exposed face of the basement with entrances. The Architectural Review Board has reviewed and conceptually approved of the elevations shown in Attachments E and F. o Building Relationship with Route 250E Entrance Corridor/Parking Visibility: The plan shows the building turned with a side elevation facing the Entrance Corridor; parking on three sides of the building; and half of the site's parking between the building and the road. These characteristics are not consistent with Entrance Corridor Guidelines. The site design has changed to make the parking less visible, and proposed building designs show a fagade facing the Route 250 Entrance Corridor. o Proposed Retaining Wall Heights: The application plan indicates the use of tall retaining walls rangingfrom 16' to 35' in height. Entrance Corridor Guidelines encourage grading proposals that respect the existing topography, with grades that do not change the basic relationship of the site to the surrounding conditions (parcels), avoiding steep cuts and fills. As noted above, retaining -wall heights have been significantly reduced, and the overall grading of the site has been changed to reduce the overall amount of material to be removed. o Proposed Stormwater Management Facility/Method and Location: Comments: The application plan does not show the location or type of stormwater management proposed for this development. Annotation on the plan indicates the possible use of surface runoff structures. Entrance Corridor Guidelines encourage the design of surface runoff structures in such a manner as to fit the natural topo avoiding the need for screening. It is not possible to determine whether this guideline can be met, based on the information provided. Stormwater facilities have been shown in more detail on the current plan. The planned facilities would largely consist of level spreaders—low-profile surface facilities—that would be within an area to be planted with trees, and out of view of the Entrance Corridor. o Proposed Planting/Entrance Corridor Guidelines: The application plan shows some proposed planting; however, it does not meet Entrance Corridor Landscape Guidelines. The applicant should be aware that proposed landscaping needs to meet EC Guidelines and will be reviewed with the site plan. The planting plan has been significantly improved, and would include denser plantings in a design more appropriate to the rural location of this site. While at the time of the Planning Commission's work session the applicant was only a contract purchaser of the property, Faith Christian Center International now owns the site. Conformity with the Comprehensive Plan: This site is in an unusual location for the Rural Areas. It is located among a mix of commercial, industrial, and residential uses along US 250 and near the I-64 interchange. Some parcels between the site and the interchange are zoned HC Highway Commercial, and within one mile to the east there are properties zoned HC Highway Commercial, LI Light Industrial, and NR Natural Resources Overlay (a zoning overlay for rock quarries and other resource -extraction uses). In contrast, the land across US 250 to the south is the historic Shadwell estate, which is under a historic preservation easement held by the Virginia Department of Historic Resources. Due to the applicant's compliance with Architectural Review Board design standards and the screening that would be provided by tree planting on the site, the proposed development is not expected to significantly increase impacts on the historic property compared to the existing mobile home park use. The Rural Areas Plan also 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 building with a 16,198 -square -foot footprint (with a main floor and a basement) and 133 parking spaces, which would be significantly larger than most traditional churches in the Rural Areas. However, it is similar in scale to other churches that have been approved in nearby portions of the Rural Areas. (First Church of the Nazarene, at the intersection of US 250 and VA 22, was approved for 374 seats. First Christian Church, at the intersection of US 250 and Keswick Road, was approved for 306 seats.) 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: 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). STAFF COMMENT: Staff will address each provision of Section 31.6 of the Zoning Ordinance. 31.6.1: The board of supervisors hereby reserves unto itself the right to issue all special use permits permitted hereunder. Special use permits for uses as provided 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 The more rural properties to the south are separated from this site by US 250. Since the nearby properties along the north side of US 250 include a mix of commercial, residential, and light industrial uses, the addition of a church and child care is unlikely to create a substantial detriment. Also, the site already has impacts from its use as a mobile home park. The Virginia Department of Transportation has stated that the proposed entrance improvements are sufficient to support the proposed uses. In order to minimize impacts on adjacent properties, staff is recommending a condition of approval requiring commercial setbacks (50 feet for structures, 20 feet for parking) for the proposal. However, staff is also recommending approval of a buffer disturbance waiver that would permit construction work to occur within the 20 -foot undisturbed buffer as shown on the conceptual plan, with vegetation to be replaced. (More details below under "Waivers.") The day care use could have noise impacts on adjacent properties, as there would be an outdoor play area at the northeast end of the building. However, the nearest parcel to the east is in a light -industrial use, and the nearest dwelling is approximately 500 feet away from the location of the proposed play area. Given those factors and the center's proposed daytime operation, this is not expected to be a substantial detriment to adjacent properties. that the character of the district will not be changed thereby and Churches are a part of the character of the Rural Areas district. However, churches and other institutional facilities built to larger scales can change the character of the Rural Areas district by creating an intensity of use that is not typical for that area. As noted above, local governments are limited by federal law in their ability to regulate the scale of religious land uses. This property is located in the Entrance Corridor (EC) overlay zoning district. The Architectural Review Board has stated that it has no objections to this proposal (see Attachment G). If this special use permit is approved, the Architectural Review Board will review the site development plan for the use in more detail, as is its normal practice. Child care applications are typically for smaller scales. However, the County approved SP 2006-22 Northridge Preschool (located on Dickerson Road, near US 29 North), which requested a daycare facility with a daily maximum of 50 children and a total enrollment of 100. This facility, with a maximum enrollment of 50 children, would operate at a similar scale. that such use will be in harmony with the purpose and intent of this ordinance, Section 18, Chapter 10 of the Zoning Ordinance outlines the purposes of Rural Areas zoning: "This district (hereafter referred to as RA) is hereby created and may hereafter be established by amendment of the zoning map for the following purposes: (Amended 11-8-89) -Preservation of agricultural and forestal lands and activities; -Water supply protection; -Limited service delivery to the rural areas; and -Conservation of natural, scenic, and historic resources. (Amended 11-8-89) " This proposal does not meet these purposes of the Rural Areas zoning district. However, the site is isolated from other more rural land by US 250 and I-64 and is located near commercial and light -industrial uses. with uses permitted by right in the district, The property is zoned RA, Rural Areas. The uses permitted by right under RA zoning directly support agriculture, forestry, and the conservation of rural land. Part of the County's vision for the RA districts includes the support of rural communities through community meeting places, at rural scales, that provide the opportunity to take part in community life. Although the proposed church is larger than the typical church in the Rural Areas, it is comparable to several Rural Area churches recently approved in the County that accommodate 250 to 300 attendees. with additional regulations provided in section 5, There are no regulations in Section 5.0 of the Ordinance that apply to church buildings. The following section applies to the proposed child-care use: 5.1.06 DA Y CARE CENTER, FAMILY DAY HOME Each day care center or family day home shall be subject to the following: (Added 10-3-01) a. No such use shall operate without the required licensure by the Virginia Department of Social Services. It shall be the responsibility of the owner/operator to transmit to the zoning administrator a copy of the original license. Failure to do so shall be deemed willful noncompliance with the provisions of this chapter; (Amended 10-3-01) b. Periodic inspection of the premises shall be made by the Albemarle County fire official at his discretion. Failure to promptly admit the fire official for such inspection shall be deemed willful noncompliance with the provisions of this chapter; (Amended 10-3-01) c. These provisions are supplementary and nothing stated herein shall be deemed to preclude application of the requirements of the Virginia Department of Social Services, Virginia Department of Health, Virginia State Fire Marshal, or any other local, state or federal agency. (Amended 10-3-01) These regulations are performance standards that would be applied after the applicants began the use on the site. The proposed child-care operation would occur in the same building as the church, and would host up to 50 children from 7a.m to 6 p.m. on weekdays. and with the public health, safety and general welfare. The Virginia Department of Transportation has reviewed the conceptual plan for these uses, and has found that the proposed improvements are sufficient for the church and day care. The applicant has shown a new 250 -foot left turn lane and 200 -foot left turn tape on US 250 East in accord with VDOT's request. The proposed day care center would not have fixed arrival or departure hours for the children, so traffic impacts of the use could be spread out over time, which would avoid forming intense peaks in the morning and afternoon. The applicant has stated that a soil evaluator has found suitable septic sites (see conceptual plan for locations), and that the well on the site provides approximately 30 gallons per minutes—a very high - yield well for this area. Staff is recommending conditions of approval requiring Health Department approval of the water supply and septic systems before the use commences. As part of the development of the site, the applicant intends to restore the stream buffer areas that have been impacted by the mobile home park. Staff is recommending a condition of approval that specifies replanting with native plants, at a density listed in a riparian buffer standard established by the Department of Conservation & Recreation's Chesapeake Bay Local Assistance program. For every 400 square feet of replanting area, that standard would require: One canopy tree (35 feet or higher when mature) of 1 %2" – 2" caliper or large evergreen a 6' Two understory trees (mature height 12 to 35 feet) of 3/4" to 1 ''/z" caliper or evergreen at 4' Three small shrubs (up to 10 feet at maturity) or woody groundcover @ 15" – 18" This approach to planting encourages establishment of a healthy wooded buffer, and supports the Architectural Review Board's recommendation that this area be replanted in a naturalistic pattern with sufficient density to screen the parking areas. SUMMARY: SP 2007-28 (Church) Staff has identified the following factors favorable to this application: 1. The applicant has addressed all the issues identified by the Planning Commission at its October 2, 2007 work session. 2. Development plans for the site would significantly improve conditions in the stream buffer on the site. Staff has identified the following factor unfavorable to this application: 1. This church use is larger than traditional church sizes in the Rural Areas. However, the applicant has shown that the site can accommodate the physical impacts of the use. SP 2007-29 (Day Care) Staff has identified the following factors favorable to this application: 1. The applicant has addressed all the issues identified by the Planning Commission at its October 2, 2007 work session. 2. The day care would not have significant impacts on the surrounding community, and would be accommodated in the same structure as the church, thus reducing overall building footprint. Staff has identified no unfavorable factors with this application. RECOMMENDED ACTIONS: Based on the findings contained in this staff report, staff recommends approval of SP 2007-00028 Faith Christian Center International (Church) subject to the following conditions: Development of the use shall be in accord with the conceptual plan titled "Faith Christian Center International Special Use Permit — Concept Plan" prepared by Brian P. Smith Civil Engineering, Inc., and dated May 13, 2010 (hereafter "Conceptual Plan"), as determined by the Director of Planning and the Zoning Administrator. To be in accord with the Conceptual Plan, development shall reflect the following major elements within the development essential to the design of the development: • building orientation • building mass, shape, and height; • location of buildings and structures • turn lane design; • location of parking areas; • relation of buildings and parking to the street. 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 area of assembly shall be limited to a maximum 399 -seat sanctuary. 3. Side and rear setbacks shall meet commercial setback standards, as set forth in Section 21.7 of the Albemarle Zoning Ordinance, of 50 feet for structures (excluding signs) and 20 feet for parking lots and loading spaces adjacent to residential uses or residentially zoned properties. 4. 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 designee for approval shall be required prior to approval of the final site plan. 5. Health Department approval of well and/or septic systems shall be required prior to approval of the final site plan. 6. The area labeled "Re -planting Area" on the Conceptual Plan shall be replanted according to "Restoration/Establishment Table A" in Appendix D of the "Riparian Buffers Modification & Mitigation Manual," published by the Virginia Department of Conservation & Recreation's Chesapeake Bay Local Assistance program. This area shall be replanted with species listed in the brochure titled "Native Plants for Conservation, Restoration, and Landscaping: Piedmont Plateau," published by the Virginia Department of Conservation and Recreation. Based on the findings contained in this staff report, staff recommends approval of SP 2007-00029 Faith Christian Center International (Child Care) subject to the following conditions: Development of the use shall be in accord with the conceptual plan titled "Faith Christian Center International Special Use Permit — Concept Plan" prepared by Brian P. Smith Civil Engineering, Inc., and dated May 13, 2010 (hereafter "Conceptual Plan"), as determined by the Director of Planning and the Zoning Administrator. To be in accord with the Conceptual Plan, development shall reflect the following major elements within the development essential to the design of the development: • building orientation • building mass, shape, and height; • location of buildings and structures • turn lane design; • location of parking areas; • relation of buildings and parking to the street. 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 maximum number of children shall not exceed fifty (50) or the number of students as approved by the Health Department or the Department of Social Services, whichever is less; 3. Side and rear setbacks shall meet commercial setback standards, as set forth in Section 21.7 of the Albemarle Zoning Ordinance, of 50 feet for structures (excluding signs) and 20 feet for parking lots and loading spaces adjacent to residential uses or residentially zoned properties. 4. 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 designee for approval shall be required prior to approval of the final site plan. 5. Health Department approval of well and/or septic systems shall be required prior to approval of the final site plan. 6. The area labeled "Re -planting Area" on the Conceptual Plan shall be replanted according to "Restoration/Establishment Table A" in Appendix D of the "Riparian Buffers Modification & Mitigation Manual," published by the Virginia Department of Conservation & Recreation's Chesapeake Bay Local Assistance program. This area shall be replanted with species listed in the brochure titled "Native Plants for Conservation, Restoration, and Landscaping: Piedmont Plateau," published by the Virginia Department of Conservation and Recreation. WAIVER REQUESTS The applicant has requested waivers from two zoning ordinance requirements --Section 21.7(c) MINIMUM YARD REQUIREMENTS and Section 4.2 CRITICAL SLOPES. Waiver from Section 21.7( 0 Section 21.7 states: c. Buffer zone adjacent to residential and rural areas districts. No construction activity including grading or clearing of vegetation shall occur closer than twenty (20) feet to any residential or rural areas district. Screening shall be provided as required in section 32.7.9. (Amended 9-9-92) 1. Waiver by the commission. The commission may waive the prohibition of construction activity, grading or the clearing of vegetation in the buffer in a particular case where the developer or subdivider demonstrates that grading or clearing is necessary or would result in an improved site design, provided that: (i) minimum screening requirements are met and (ii) existing landscaping in excess of minimum requirements is substantially restored. (Added 7- 10-85) Applicant's Justification Although the current proposal shows adequate screening, and in fact would lead to a widening of the stream buffer, it is likely that construction activity will need to take place within 20 feet of the east and west property boundaries. Staff Analysis The extent of that work has been reduced by the applicant's changes to the design, based on the Planning Commission's guidance at the work session. And the use would be held to the vegetation boundaries shown on the conceptual plan, meaning that any disturbance of the buffer would need to be repaired, and so would be temporary. Staff Recommendation After considering these factors, staff recommends Planning Commission approval of the minimum yards requirements waiver as permitted in Section 21.7( C)(1) of the Zoning Ordinance with the following condition: 1. Any vegetated areas removed from the minimum required yards during construction shall be replanted with species listed in the brochure titled "Native Plants for Conservation, Restoration, and Landscaping: Piedmont Plateau," published by the Virginia Department of Conservation and Recreation, prior to the commencement of the church use. Waiver from Section 4.2 Abblicant's Justification Development of this site for this use requires disturbance of critical slopes, given the topography of the site. Also, while critical slopes will be impacted, the stream buffer downhill of them will be repaired and improved over previous conditions. Staff Analvsis The proposed development will require the disturbance of 1.47 acres of the 3.03 total acres of critical slopes on the site. The critical slopes areas proposed to be disturbed are not delineated as a significant resource on the Open Space and Critical Resources Plan. Staff has analyzed this request and believes that the applicant has satisfactorily addressed the technical criteria for the disturbance of critical slopes. The commission may modify or waive any requirement of section 4.2 in a particular case upon finding that: A. Strict application of the requirements of section 4.2 would not forward the purposes of this chapter or otherwise serve the public health, safety or welfare; It does not appear possible to develop this property without this waiver, and these critical slopes are not noted as a significant resource. B. Alternatives proposed by the developer or subdivider would satisfy the intent and purposes of section 4.2 to at least an equivalent degree; Disturbance of the site's critical slopes to the extent necessary to construct the proposed facility would allow the applicant to develop a new use on the site that would remove structures from the stream buffer, and to restore the vegetation in that buffer. C. Due to the property's unusual size, topography, shape, location or other unusual conditions, excluding the proprietary interest of the developer or subdivider, prohibiting the disturbance of critical slopes would effectively prohibit or unreasonably restrict the use of the property or would result in significant degradation of the property or adjacent properties; or The property is a long, narrow parcel that has critical slopes along the steep edges of a stream gully, and is constrained by the stream buffer on the east side. Development of the site without disturbance of the critical slopes would be very restricted. D. Granting the modification or waiver would serve a public purpose of greater import than would be served by strict application of the regulations sought to be modified or waived. Granting this waiver will permit construction of a church and child-care center that could serve the surrounding area. Further, allowing critical slopes to be disturbed in other areas of the site allows the applicant to restore the vegetation in a heavily disturbed stream buffer. Staff Recommendation Based on the findings contained in this staff report, staff recommends Planning Commission approval of the critical slopes disturbance waiver in accord with Section 4.2 of the Zoning Ordinance. ATTACHMENTS Attachment A — Area Mab Attachment B — Detail May Attachment C — Conceptual Plan Attachment D — Original Conceptual Plan (as presented at original Planning Commission Work Session; for information only) Attachment E — Conceptual West Elevation (facing US 250) Attachment F — Conceptual North Elevation (entrance) Attachment G — Architectural Review Board Snecial Use Permit review letter