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HomeMy WebLinkAboutSP201000010 Legacy Document 2011-06-10COUNTY OF ALBEMARLE PLANNING STAFF REPORT SUMMARY Project Name: SP201000010 Ivy Creek United Staff: Joan McDowell, Principal Planner Methodist Church Planning Commission Public Hearing: Board of Supervisors Public Hearing: April 5, 2011 To Be Determined Owner: Ivy Creek United Methodist Church Applicant: Bob Pattison, Ivy Creek United Methodist Church Acreage: 2.973 total acres Special Use Permit: Section 10.2.2 (35) Church building and adjunct cemetery TMP: 04400000001400 and 044000000012HO Existing Zoning and By -right use: Location: 674 Woodlands Road (Rt. 676) at its RA -- Rural Areas: agricultural, forestal, and intersection with Green Meadows Lane fishery uses; residential density (0.5 unit/acre) Magisterial District: Jack Jouett Conditions: Yes DA (Development Area): Requested # of Dwelling Units: NA RA (Rural Areas): X Proposal: Special use permit to bring church, Comprehensive Plan Designation: Rural Areas Sunday school, parsonage and cemetery into - preserve and protect agricultural, forestal, open compliance with zoning ordinance and demolish space, and natural, historic and scenic resources/ a portion of the existing church facility to density (0.5 unit/ acre) construct a fellowship hall, offices, meeting room, nursery classrooms, and re- construct parking area on a total of 2.973 acres Character of Property: properties contain Use of Surrounding Properties: agricultural existing church, parsonage, offices /Sunday and residential School /fellowship hall and cemetery Factors Favorable: Factors Unfavorable: 1. Closing the easternmost driveway 1. The reorganization of the parking would remove an unsafe condition. would require the removal of large 2. The proposed building and site Fees. improvements would be sensitive to the historic structure and the historic site context. 3. The church contributes to the surrounding community. RECOMMENDATION: Staff recommends approval of this Special Use Permit with conditions. SP201000010 PC April 5, 2011 Staff Report Page 1 STAFF PERSON: Joan McDowell, Principal Planner Rural Areas PLANNING COMMISSION: April 5, 2011 BOARD OF SUPERVISORS: TBD PROJECT: SP201000010 Ivy Creek United Methodist Church Petition: PROPOSED: Special use permit to bring church, Sunday school, parsonage and cemetery into compliance with zoning ordinance and demolish a portion of the existing church facility to construct a fellowship hall, offices, meeting room, nursery classrooms, and re- construct parking area on a total of 2.973 acres ZONING CATEGORY /GENERAL USAGE: Rural Areas (RA) - agricultural, forestal and fishery uses SECTION: 10.2.2 (35) Church building and adjunct cemetery COMPREHENSIVE PLAN LAND USE/DENSITY: Rural Areas (RA 1) - Preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources / residential density .5 units / acre in development lots ENTRANCE CORRIDOR: Yes No _X_ LOCATION: 674 Woodlands Road (Rt. 676) west of Green Meadows Lane TAX MAP/PARCEL: 04400000001400 (church/cemetery); 044000000012HO (parsonage) MAGISTERIAL DISTRICT: Jack Jouett Character of the Area: The area can be characterized by a mixture of agricultural uses and residential subdivisions. The property surrounding the church on three sides is Edgemont Farm, which is under a conservation easement held by the Virginia Outdoors Foundation and in the Panorama Agricultural and Forestal District. Specifics of the Proposal: Existing. The church property (TMP 44 -14) currently contains a 1,590 square foot ca. 1920s historic stone church, a detached 3,300 square foot two -story Sunday School building, and attached to the rear of the church, a two -story 1,440 square foot multi - purpose building (Sunday School, office and one -story attached utility building). The multi - purpose /utility building is a more recent addition and is not considered a historic structure. A small detached utility shed is located at the end of an alley behind the buildings. A cemetery is located on the east side of the property. An existing alley provides access to the rear of these buildings. A parsonage is located west of the church and Sunday School Building on TMP 44 -12H. The church, adjunct buildings, and cemetery are non - conforming uses and require approval of a special use permit to allow expansion of a structure. Proposed. The multi - purpose building and its attached utility building would be demolished and replaced by a larger Fellowship Hall. The proposed new 5,360 square foot structure would also be attached to the Sunday School building on the west side of the church. A copy of the existing and proposed plans is included as Attachment A (existing site/buildings - sheet C2.0; proposed site/buildings - sheet C3.0). No changes have been proposed for the church or the parsonage. Currently, the parking area is gravel with the undefined parking spaces that are typically found in rural churches. The proposed gravel parking would accommodate 43 vehicles, but wheel stops would be installed in order to define the parking spaces. The existing alley behind the church buildings would be widened and improved with gravel to provide access to the eight parking spaces between the church and the cemetery. The existing entrance adjacent to the cemetery SP201000010 PC April 5, 2011 Staff Report Page 2 would be permanently closed, as it has been determined by VDOT that the entrance does not have adequate sight distance. The existing primary entrance to the church would continue to provide access; however, it would be improved to VDOT specifications. Planning and Zoning History: Constructed ca. 1920 -26, the Department of Historic Resources (DHR) describes the church as a "well- executed example of early 20ffi century Gothic Revival on a small scale ". The church is a historic structure, but it has not been formally evaluated as by the DHR regarding eligibility for listing in the State and National registers. The church and cemetery are non - conforming uses in the RA district. SP 84 -36 Susan G. Smith, a special use permit application for the temporary location of Free Union Country School was accepted for withdrawal by the Board of Supervisors after a recommendation for denial by the Planning Commission. Inadequate sight distance was a factor in the Commission's recommendation. SUB 2010 -148 Boundary Line Adjustment to combine church and parsonage properties. The BLA is required for the expansion and access of the church, as the proposed church expansion would not meet setback regulations. The application is being reviewed, at this time. SDP 2011 -17 Site Plan application for the church expansion. Approval of SP2010 -10 is required prior to completion of the site plan application, as the proposed building expansion would not meet setback regulations with the current property lines. Conformity with the Comprehensive Plan: Comprehensive Plan designates the subject properties as Rural Areas emphasizing the preservation and protection of agricultural, forestal, open space, and natural, historic, and scenic resources as land use options. The protection of the historic church was a consideration in siting the proposed structure. Although not specifically mentioned in the Comprehensive Plan, churches provide an important community resource in the RA and are integral to the historic context of rural communities. The property is located in the South Fork Rivanna Water Supply Watershed. The church expansion and re- designed parking lot will require storm water retention, as appropriate. 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). SP201000010 PC April 5, 2011 Staff Report Page 3 STAFF COMMENT: Staff addresses each provision of Section 31.6 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, The church has occupied this site since the 1920s. No expansion of the church sanctuary or increase in seating has been proposed. The church properties are surrounded on three sides by the agricultural uses on Edgemont Farm. The Logan Village residential subdivision is located on the opposite side of Woodlands Road. As the building location on the rear of the church and proposed uses would be similar to the existing structure and uses, staff does not anticipate that the surrounding properties would be adversely affected. that the character of the district will not be changed thereby and The proposed parking lot organization and the new building would be similar to the existing structure. The staff to the Historic Resources Committee had no objection to the demolition of the existing multi -use structure and its replacement of the fellowship hall, as the existing building is not a historic structure and the proposed building would be sited to respect the stained glass windows and would not further impact the existing historic church. The parking area would retain a gravel surface. As the fellowship hall would replace an existing building, there would not be an adverse impact on the adjacent Agricultural and Forestal District. It is staff's opinion that the character of the district would not be changed. 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. (Amended 11- 8 -89)" Ivy Creek Methodist Church is an established component of the community. The enlargement of the Fellowship Hall would not adversely affect the historic church. The building addition and the parking re- design not conflict with the intent of the RA District. with uses permitted by right in the district, The church currently exists within the context of by -right uses and the proposed building addition would not otherwise affect the uses permitted by right in the RA District. with the additional regulations provided in section 5.0 of this ordinance, There are no additional regulations in section 5.0 of the ordinance that govern churches and with the public health, safety and general welfare. The closing of the existing easternmost driveway nearest the cemetery due to inadequate sight distance would increase the public safety in this area. The existing primary driveway between the church and the parsonage would be improved to VDOT standards. Impervious surfaces would be reduced to the minimum possible. SP201000010 PC April 5, 2011 Staff Report Page 4 SUMMARY: Staff has identified the following factors favorable to this application: 1. Closing the easternmost driveway would remove an unsafe condition. 2. The proposed building and site improvements would be sensitive to the historic structure and the historic site context. 3. The church contributes to the surrounding community Staff has identified the following factors unfavorable to this application: 1. The reorganization of the parking would require the removal of large trees. RECOMMENDED ACTION: Based on the findings contained in this staff report, staff recommends approval of SP201000010 Ivy Creek United Methodist Church, subject to the following conditions: Development and use shall be in accord with the conceptual plan titled "Special Use Permit "Ivy Creek United Methodist Church Overall Layout and Grading" prepared by Terra Engineering and Land Solutions, PC and dated (last revised) February 3, 2011 (hereafter "Conceptual Plan "), as determined by the Director of Planning and the Zoning Administrator. To be in accord with the Conceptual Plan, development and use shall reflect the following major elements within the development essential to the design of the development, as shown on the Conceptual Plan • limits of disturbance • location of buildings and structures • location ofparking areas • permanently closing driveway closest to cemetery 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 1, 600 square feet. 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. Removal of trees shall be limited to the trees designated for removal, as shown on the Conceptual Plan, and the minimum number of trees may be required to be removed by the Health Department for the septic system. Tree protection measures for remaining trees within the construction area including the alley, parking, Fellowship Hall building shall be required on the erosion & sediment control plan in accordance with the Virginia Erosion and Sediment Control Handbook. The tree protection measures shall be installed prior to any land disturbing activity prior to any land disturbing activity. 5. Approval of a site plan or site plan waiver shall be required. 6. Approval from the Health Department for the septic system and well shall be required prior to approval of an issuance of a building permit. 7. Construction of the new building, as identified on the conceptual site plan (Attachment A) shall commence on or before five years from (the Board of Supervisor's approval date), or SP201000010 PC April 5, 2011 Staff Report Page 5 this special use permit shall be deemed abandoned and the authority granted hereunder shall be thereupon terminate. There shall be no day care center or private school on site without approval of a separate special use permit. PLANNING COMMISSION MOTION A. Should a Planning Commissioner choose to recommend approval of this special use permit: Move to recommend approval of SP 201000010 Ivy Creek United Methodist Church subject to the conditions, as recommended by staff. B. Should a Planning Commissioner choose to recommend denial of this special use permit: Move to recommend denial of SP 201000010 Ivy Creek United Methodist Church. Should a commissioner motion to recommend denial, he or she should state the reasons) for recommending denial. ATTACHMENTS Attachment A — Conceptual Plan titled "Ivy Creek United Methodist Church Overall Layout and Grading," prepared by Terra Engineering and Land Solutions, PC and dated (last revised February 3, 2011 (Sheets C1.0, C2.0, and C3.0) Attachment B — Location Man Attachment C — Site Photoaranhs SP201000010 PC April 5, 2011 Staff Report Page 6