HomeMy WebLinkAboutSP200800056 Staff Report 2010-09-21COUNTY OF ALBEMARLE
PLANNING STAFF REPORT SUMMARY
Project Name: SP200800056, Unity Church
Staff: Judith Wiegand, Senior Planner
Planning Commission Public Hearing:
Board of Supervisors Public Hearing:
September 21, 2010
Not yet scheduled.
Owner: Unity Church of Albemarle
Applicant: Neal Wright, Dominion Engineering, on
behalf of Unity Church
Acreage: 4.440 acres.
Special Use Permit:
10.2.2.35 Church building and adjunct cemetery
TMP: 06100 -00 -00 -00400
Existing Zoning and By -right use:
Location: 2825 Hydraulic Road, on the west side
RA -- Rural Areas: agricultural, forestal, and fishery
of the street, approximately 800 ft. north of the
uses; residential density (0.5 unit /acre)
intersection with Whitewood Road.
Magisterial District: Jack Jouett
Conditions: Yes
DA (Development Area):
Requested # of Dwelling Units: NA
RA (Rural Areas): X
Proposal: To add 54 parking spaces for an existing
Comprehensive Plan Designation: Rural Areas -
church for a total of 134 parking spaces, some of
preserve and protect agricultural, forestal, open space,
which would be constructed of pervious paving
and natural, historic and scenic resources/ density (0.5
material.
unit/ acre)
Character of Property: The church property has
Use of Surrounding Properties: The property to the
several existing buildings and parking areas on it. A
north and west is residential, property to the south
portion of the site is forested. Additional facilities,
property is light industrial (used for warehousing and
including a labyrinth, a playground, and a pergola,
light manufacturing). Another church is located further to
are proposed.
the south at the intersection of Hydraulic Road and
Lambs Road (RT. 657). Across Hydraulic Road is the
Development Area.
Factors Favorable:
Factors Unfavorable:
Staff has identified two factors that are favorable to
Staff has identified two factors that are unfavorable to
this application:
this application.
1. Adding parking spaces would reduce the need
1. Permitting parking above the maximum normally
for attendees to park on the grass or in the
allowed for churches in the Rural Areas may set a
roadway.
precedent for similar requests.
2. Adding parking spaces would permit all
2. Approval of this special use permit would allow
members to attend the same church service and
some additional impervious surface in the water
would accommodate larger numbers of guests
supply watershed.
for weddings and other events.
3. Pervious paving materials would be used for
approximately two- thirds of the new parking
spaces.
RECOMMENDATION: Staff recommends approval of this Special Use Permit 200800056, with conditions.
SP2008 -00056
PC September 21, 2010
Staff Report Page 1
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
SP 2008 - 00056, Unity Church
Judith Wiegand, Senior Planner
September 21, 2010
Not Scheduled
Petition
PROJECT: SP200800056, Unity Church
PROPOSED: Request to add 54 parking spaces to provide additional parking for church services.
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 - preserve and protect agricultural,
forestal, open space, and natural, historic and scenic resources/ density (.5 unit/ acre in development
lots)
ENTRANCE CORRIDOR: Yes
LOCATION: 2825 Hydraulic Circle, approximately 800 ft. north of intersection with Whitewood Road
TAX MAP /PARCEL: 06100000000400
MAGISTERIAL DISTRICT: Jack Jouett
Character of the Area
The property is in the Rural Areas, directly across Hydraulic Road from the Development Area. There
are already several church buildings and parking areas on the property. Additional smaller facilities are
proposed, including a labyrinth, a playground, and a pergola. (Attachment A)
Specifics of the Proposal
The church property now has 84 parking spaces (80 regular and 4 handicapped). In order to
accommodate all those wishing to drive to church services, the church would like to add parking. To
reach a total of 134 spaces, four of the existing spaces would be removed, 21 of the existing spaces
would be restriped, and 54 new spaces would be added, of which 19 would be paved (including 1
handicapped space) and 35 would be constructed of pervious paving material. The total number of
spaces after construction would be 134. No change in the number of seats permitted in the sanctuary is
proposed.
Planning and Zoning History
The church property is in the Rural Areas and is zoned Rural Areas. Prior to December 1980, the
property was zoned agricultural.
SUB 198100142, November 5, 1981, staff signed an exempt plat creating this parcel.
SP 199100071, approved May 13, 1992, allowed construction of a 150 -seat interim sanctuary with
offices within two years of the approval date and construction of a 300 -seat church with offices,
fellowship hall, and educational facilities within four years of approval. The church office is the only
part of this proposal that was constructed.
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SP 199200009, approved May 13, 1992, allowed a daycare for 25 children. The daycare began in 1992
and continued until 1997. This special use permit for a daycare for up to 25 children located in
Building 2 is still valid.
SDP 199300046, a site plan was approved for a 300 -seat church and three accessory buildings. This
site plan expired.
SP 200000002, approved May 17, 2000, permitted a 200 -seat church.
SP 200300053, approved October 13, 2004, permitted the church to increase from 200 to 250 seats.
SP 200300086, approved May 11, 2004, extended the expiration date of SP 200000002.
SDP 200400097, approved January 6, 2005, a preliminary site plan to construct a 6,889 square foot
church.
SDP 200500046, approved October 11, 2005, final site plan approved. On 12/14/2006, staff approved
a letter of revision to this SDP to allow for parking changes.
SDP 200600077, approved December 14, 2006, a minor amendment to the site plan.
ARB 200800156, approved February 16, 2010, granted a Certificate of Appropriateness to the church
(see Attachment E).
Conformity with the Comprehensive Plan
The Comprehensive Plan designates the subject property as Rural Areas, emphasizing the preservation
and protection of agricultural, forestal, open space, and natural, historic and scenic resources as land
use options. Conservation of natural, scenic, and historic resources is a recognized purpose of the
County's Rural Areas. While churches provide a service to rural residents and the use is considered to
be consistent with the policies in the Comprehensive Plan, this property is in the Ivy Creek Watershed,
part of the South Fork Rivanna Water Supply Watershed, and additional parking beyond that required
can impact such water resources emphasized for protection in the Rural Areas. To address this, the
applicant proposes pervious paving for the majority of parking spaces. The church is located at the
very edge of the Rural Areas and is directly across Hydraulic Road from the Development Area. Uses
to the south of the church are industrial in nature and more like those usually found in the
Development Area. Further, Hydraulic Road is a major thoroughfare that serves as a boundary between
the Rural and Development Area; it is not a two -lane road located within the Rural Areas (and further
from the Development Area). For these reasons, staff believes that permitting additional parking at the
church will have minimal impact on the Rural Areas.
The property is within the Albemarle County Service Authority Jurisdictional Area for water service
only.
STAFF COMMENT:
Staff addresses each provision of Section 31.6 of the Zoning Ordinance:
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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,
The church has owned and used this site since 1982. The church co- exists with both the adjacent
residential and industrial properties. Adding additional parking with the proposed screening in the
locations proposed is not expected to have any detrimental impact on adjacent properties as the
additional parking is to accommodate trips currently occurring to the site and no church expansion is
proposed. As of the date of this writing, staff has not heard of any opposition from neighbors to the
proposed special use permit.
that the character of the district will not be changed thereby and
This church has existed in this district for over 20 years. The proposed additional parking would be
screened from view of the Entrance Corridor (Hydraulic Road) and from the property to the south (the
property closest to the additional parking).
The Conceptual Plan has been reviewed by the staff to the Architectural Review Board, and a
Certificate of Appropriateness was granted on February 16, 2010 (see Attachment E).
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 purpose 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:
- 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."
There would be no increase in seats in the church, so there would not be any additional impact on
agricultural or forestal lands and activities. Pervious paving material would be used for many of the
added spaces, which would have less impact on the water supply watershed by avoiding additional
runoff from those pervious spaces. There would be no increase in service delivery or need for
Jurisdictional Area change in the Rural Areas from the additional parking. The church would add
landscaping to screen the parking closest to Hydraulic Road (an Entrance Corridor) so the extra
parking will not have a negative impact on natural, scenic, or historical resources. Therefore, staff
believes that adding parking would not have a negative impact on the four purposes listed above.
The church is located on Hydraulic Road, an Entrance Corridor (EC). To address the EC issue, the
church proposes to extend the parking lot that is located toward the rear of the property, thereby
keeping some of the new parking in the rear. This would minimize the impact on the Entrance Corridor
and preserve the rural appearance of the property when viewed from Hydraulic Road. The new parking
area that would be closest to Hydraulic Road would be screened with landscaping to comply with
Architectural Review Board (ARB) requirements.
with uses permitted by right in the district,
The subject property and the adjacent properties on the west side of Hydraulic Road are zoned RA,
Rural Areas. The adjacent property across Hydraulic Road is in the Development Area and is zoned
accordingly. Staff is of the opinion that adding parking to the existing church facilities would not affect
the uses permitted by right in the Rural Areas district.
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with the additional regulations provided in section 5.0 of this ordinance,
There are no supplementary regulations in Section 5.0 for churches.
and with the public health, safety and general welfare.
The church has requested additional parking in order to be able to accommodate all those wishing to
attend the same church service and to allow larger groups of attendees for weddings and other events
to park at the church. Church officials have indicated that they prefer to have enough parking for
everyone to attend the same service, rather than holding two services. Current special use permit
conditions allow the church to have a maximum of 250 seats. As the number of attendees approaches
this number, church officials have noted that there are not enough regular parking spaces to
accommodate all the cars. Some attendees end up parking on the grass and along onsite roadways.
Staff has visited the site on several Sundays and verified that the parking spaces are all full and cars are
parked elsewhere on the site. Staff also noted that there are no nearby uses where parking could be
shared. Adding parking spaces would lessen the need for attendees to park on the grass and along the
onsite roads, thereby permitting easier access for emergency vehicles. The additional parking would
not require additional approvals or changes to comply with VDOT regulations (see Attachment Q.
In reviewing this request for additional parking, staff was concerned that the property is in the Rural
Areas and within the Water Supply Watershed (see Attachment D). The church has agreed to use
pervious paving for 35 of the 54 new spaces in order to avoid much of the additional runoff that would
result if all the new spaces were paved. The 19 new spaces that will be paved are extensions of the
existing parking areas, while the pervious pavers are being used in new areas and areas that are
expected to be least often used. For example, the paving for the 24 new spaces that are near Hydraulic
Road will be pervious.
Religious Land Use and Institutionalized Persons Act of 2000 ( "RLUIPA ")
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 believes that the review and approval of this special use permit are in compliance with these
regulations.
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Staff Report Page 5
SUMMARY:
Staff has identified the following factors favorable to this application:
1. Adding parking spaces would reduce the need for attendees to park on the grass or in the
roadway.
2. Adding parking spaces would permit all members to attend the same church service and would
accommodate larger numbers of guests for weddings and other events.
3. Pervious paving materials would be used for approximately two - thirds of the new parking spaces.
Staff has identified two factors that are unfavorable to this application:
1. Permitting parking above the maximum normally allowed for churches in the Rural Areas may
set a precedent for similar requests.
2. Approval of this special use permit would allow some additional impervious surface in the
water supply watershed.
RECOMMENDED ACTION:
Based on the findings contained in this staff report, particularly the fact that the proposed parking is to
accommodate vehicles already coming to the site and the proposal for a majority of the spaces to be
paved with pervious materials, staff recommends approval of Special Use Permit 200800056, Unity
Church, subject to the following conditions of approval:
Original Conditions are from SP 200300053 (approved 10/13/2004), changes for SP 200800056 are
shown in boldface italic type (additions) and stfike*h,.,.,,g type (deletions):
This property is subject to SP2003 000 c2 SP200800056 and the following conditions of approval:
1. The church sanctuary shall not exceed two hundred fifty (250) seats;
M.
2. The site shall be developed in general accord with the eConceptual pPlan entitled "Application
Plan for Unity Church," Revision 4 ("6,128/04 Comments`, prepared by N4tmeaste Dominion
Engineering, and dated August 19, 2010 (hereinafter, the "Conceptual Plan'% and with the
Architectural Review Board action of February 16, 2010, 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.
• Number of parking spaces and location of parking areas
• Paving materials, as approved by the County Engineer
• Location of proposed facilities, including the pergola, labyrinth, and playground
as shown on the Conceptual Plan. Minor modifications to the Plan which do not conflict with
the element above may be made to ensure compliance with the Zoning Ordinance.
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Staff Report Page 6
3. 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.
4. Construction of the parking areas and other items shown on the Conceptual Plan shall
commence on or before 60 months after [insert date of approval by Board of Supervisors] or this
special use permit shall expire.
5. Expansion of the church and/or establishment of a daycare not in Building 2 or for more than
25 children or provision of afterschool care shall require approval of an additional Special Use
Permit.
6. Approval of the Public Health Department shall be required prior to site plan approval.
Ac�ustments to the number- of par-king spaees approved by the zoning administr-ator and a
• '-
2004; deenied to be in genetul aeeor-d with the coneeptual plan. Any expansion of-, or- addition to, the
Ati�st 2, [superceded]
7. The applieants shall r-eloeate the twen4y two (22) spaee par-king lot shown flofth of the df!ivekva�
fiea-Fef to the tr-affie eifele—,-[no longer relevant]
8. The applicants shall provide plantings to the satisfaction of the Architectural Review Board;
9.
n lben,.,,.le County Seiwiee n tithefity; [dropped because ACSA indicated the church has complied
with this condition]
10. The property may not be further divided; and
11. There shall be no more than one (1) residential dwelling on the property.
ATTACHMENTS
Attachment A — Location Map
Attachment B — Concept Plan
Attachment C — VDOT Comment Letter. dated November 19. 2008
Attachment D — Map showing Comprehensive Plan Areas & Water Supply Watershed boundaries
Attachment E — ARB Certificate of Appropriateness, dated February 16, 2010
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