HomeMy WebLinkAboutSP201000053 Legacy Document 2011-07-14COUNTY OF ALBEMARLE
STAFF REPORT SUMMARY
Project Name: SP201000053 South Plains
Staff: Eryn Brennan, Senior Planner
Presbyterian Church
Planning Commission Public Hearing:
Board of Supervisors Public Hearing:
March 15, 2011
To be determined
Owner: South Plains Church
Applicant: South Plains Church
Acreage: 4.95 acres
Special Use Permit: 10.2.2.35, 35, church
building and adjunct cemetery
TMP: Tax Map 80 Parcel 116
Existing Zoning and By -right use: Rural Areas:
Location: 410 Black Cat Road, at the intersection
agricultural, forestral, and fishery uses; residential
of Black Cat Road (Route 616) and Louisa Road
density (0.5 unit /acre)
(Route 22)
Magisterial District: Rivanna
Conditions: Yes
RA (Rural Areas): X
Requested # of Dwelling Units: N/A
Proposal: Amend an existing special use permit to
Comprehensive Plan Designation:
allow removal of the 19th century manse.
Rural Areas — preserve and protect
agricultural, forestral, open space, and
natural, historic and scenic
resources /density (0.5 unit /acre)
Character of Property: Historic church site on
Use of Surrounding Properties: The area is
rural highway.
primarily characterized by wooded parcels and
rolling terrain, with scattered residential lots and
farmland.
Factors Favorable:
Factors Unfavorable:
1. Removal of the manse would not
1. Removal of the manse is contrary to the
require removal of additional trees.
goals outlined in the Comprehensive Plan
regarding protecting historic resources in
the rural areas.
RECOMMENDATION: Staff recommends approval of this Special Use Permit, with conditions.
SP 2010 -53
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Staff Report Page
STAFF PERSON: Eryn Brennan, Senior Planner
PLANNING COMMISSION: March 15, 2011
BOARD OF SUPERVISORS: TBD
SP2010 -53 South Plains Presbyterian Church
Petition:
PROJECT: SP201000053 South Plains Presbyterian Church
PROPOSED: Amend existing special use permit to allow removal of 19th century manse
ZONING CATEGORY /GENERAL USAGE: RA -- Rural Areas: agricultural, forestal, and fishery uses;
residential density (0.5 unit/acre in development lots); EC Entrance Corridor - Overlay to protect properties of
historic, architectural or cultural significance from visual impacts of development along routes of tourist access
SECTION: 10.2.2.35, 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: 410 Black Cat Road, at the intersection of Black Cat Road (Route 616) and Louisa Road (Route
22)
TAX MAP/PARCEL: Tax Map 80 Parcel 116
MAGISTERIAL DISTRICT: Rivanna
Character of the Area:
The area is characterized by large farms on the east side of the Southwest Mountains, as well as
some smaller residential parcels. The surrounding land is largely open, with scattered patches of
wooded areas. The church site is included in the Southwest Mountains Rural Historic District
(Attachment A).
The church is located at the corner of Route 22 and Route 616, approximately 150 feet south of the
intersection. Route 22 is a designated Entrance Corridor and Virginia Byway. The church's date of
construction cannot be verified —some sources state it was built in the early 19th century, while
others state it was built in the 1870s. The church is an excellent example of vernacular Gothic
Revival architecture. The manse was built in the 1870s to replace the original rectory, which had
burned (Attachment B). Both structures are designated as contributing in the Southwest Mountains
Rural Historic District National Register nomination.
Specifics of the Proposal:
The applicant is seeking to amend Special Use Permit SP2008 -29 to allow demolition of the 19th
century historic manse. Although a structural analysis of the building has not been submitted for
review, the applicant states the building is deteriorated beyond repair.
Planning and Zoning History:
On May 13, 2009, the Albemarle County Board of Supervisors approved SP2008 -29 to allow for the
construction of a new fellowship hall and sanctuary on the site directly in front of the manse and
approximately 20 feet west of the original church (Attachment C). A site plan was subsequently
approved for the development on April 1, 2010.
Conformity with the Comprehensive Plan:
The land uses supported by the Rural Areas chapter of the Comprehensive Plan emphasize the
preservation and protection of agricultural, forestal, open space, and natural, historic and scenic
resources.
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The Comprehensive Plan's "Vision for Rural Albemarle County" says that one important feature of
the Rural Areas is:
• Protected historic structures, archeological sites, and other cultural resources;
The guiding principles of the Rural Area chapter also state that historic resources and scenic
resources are among the defining components of the Rural Areas and should be protected.
The manse is designated as a contributing structure in the Southwest Mountains Rural Historic
District; therefore, it is a historic building and cultural resource that warrants protection. However, the
new fellowship hall, while sensitive in scale and design to the historic church, obscures a significant
portion of the manse from public view. The new building also changes the contextual relationship
between the manse and church because of its proximity to the manse.
Reaulatory 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 31.6.1 of the Zoning Ordinance:
31.6.1: 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 manse, built on the site in the 1870s, has been a fixture on the property and in the area for
nearly 140 years. Although removal of the manse would be conspicuous to the neighbors south of
the site, it would be only minimally perceptible from the Entrance Corridor because the new
fellowship hall already obscures much of it from view.
One adjacent property owner has expressed concern over removal of the manse, stating that it is a
contributing resource worthy of protection (Attachment D). The property owner also noted that the
manse served to buffer the view of the new fellowship hall from his property. However, given the
distance of the new fellowship from the property owner's home, in addition to the existing wooded
area in the southern rear portion of the lot, staff believes the view of the fellowship hall is
substantially mitigated from the neighbor's property (Attachment E). The row of evergreen trees
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proposed along the shared southern property line would further mitigate the view of the fellowship
hall from adjacent properties to the south, and staff has proposed Condition 9 to ensure the
evergreen trees are planted prior to the demolition of the manse if the special use permit application
is approved.
that the character of the district will not be changed thereby and
Zoning and Current Development, the County Engineer, Building Inspections, Fire and Rescue, and
Architectural Review Board staff have reviewed the application and have no objection. The Historic
Preservation Committee (HPC) also reviewed the application and provided comments outlined in
Attachment F. In response to HPC comments, the applicant has indicated that attempts to seek an
alternate site for the building have been unsuccessful. The applicant is also amenable to
documenting the building.
The size and proximity of the new fellowship hall has already compromised the historic value and
integrity of the manse. Given this condition, combined with the fact that no trees are proposed to be
removed and tree protection fencing is shown around existing trees, staff believes removal of the
manse would not change the character of the district.
that such use will be in harmony with the purpose and intent of this ordinance,
The purpose and intent of the Rural Areas zoning is to preserve agricultural and forestal lands and
activities, to protect the water supply, to limit service to rural areas, and to conserve the natural,
scenic, and historic resources of the County. Although the manse is a historic resource, its value
and integrity has already been compromised by the construction of a much larger fellowship hall in
such close proximity. Therefore, removal of the manse would not be contrary to the intent of the
ordinance.
with uses permitted by right in the district,
Demolition of the manse is permitted by right in the district.
with the additional regulations provided in section 5.0 of this ordinance,
There are no additional regulations associated with this application.
and with the public health, safety and general welfare.
VDOT and the Virginia Department of Health have no objection to this application.
SUMMARY:
Staff has identified the following factor favorable to this application:
2. Removal of the manse would not require removal of additional trees.
Staff has identified the following factors unfavorable to this application:
1. Removal of the manse is contrary to the goals outlined in the Comprehensive Plan regarding
protecting historic resources in the rural areas.
RECOMMENDED ACTION:
Based on the findings contained in this staff report, staff recommends approval of SP201000053
South Plains Presbyterian Church subject to the following conditions (please note strikethroughs
indicate language that has been removed from the conditions approved for SP2008 -29 and
highlighted text indicates language added to the conditions):
1. The development of the site shall be in general accord with the "Conceptual Site Plan" {page
SP-4) prepared for South Plains Presbyterian Church by Atwood Architects, Inc., dated
'many 19, 2009 February 4, 2011, as determined by the Director of Planning and the
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Zoning Administrator. IR additieR, To be in general accord with the Conceptual Site Plan, the
development the following elements shall reflect the following major elements within the
development essential to the design of the development: he in s+rint arrerd with and
nnnfnrm to the CnnnePt ial Site Plan: (Change to the standard language.)
• the location of the parking area,
• the location of the new sanctuary and fellowship hall, and
• the preservation of existing trees as shown with tree protection fencing; mace
Survey, Tr� e�T�Ped" (none SP ` ) Dlan�gsh� nieeR the narking I�
l -VTi�j TT
shGWR on �ZGnnnept gal Site Plan° and Rei rtes 77 and 6 16 shall he nreyided as
vrrvvrrrvrr wrrccPzuarvrc cc �r� �crr-ra--�r�.muir�c- prv-rrc`ca -cry
required by the Albemarle GOURtyAFGhiteGtUral Review Beard as part of the site plan
aevat; (This condition has been met.)
square feet. The fGGtpFmRt Gf the ReW fellowship hall shall RE)t GXGeed five theusand seveR
hU Rdred fifty (5,750) square feet; (This condition has been met.)
3. Provided parking shall not exceed seventy -five (75) spaces;
4. Commercial setback standards, as set forth in Section 21.7.2 of the Albemarle Zoning
Ordinance, shall be maintained adjacent to properties zoned Rural Areas;
5. Storm water facilities and parking lot surface meeting the approval of the County Engineer
shall be required before approval of the final site plan for this use;
6. There shall be no day care center or private school on site without approval of a separate
special use permit;
7. Health Department approval of well and /or septic systems;
8. All outdoor lighting shall be onlyfull cut -off fixtures and shielded to reflect light awayfrom 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;
9. Documentation of the manse, including detailed digital photographs of both the interior and
exterior, and drawings of the floor plans and elevation with measurements, shall be
submitted to the County prior to the issuance of a demolition permit;
10. A tree Genservatien plaR in aGGerdaRGe with the "Tree Survey, Trees te be Remeved" (pag&
perm rl F nm t of the site shall he i inrl aL in a rdan the tree
perm Deb eRt e the siTerTrn, be underta,re�i�QEE6rcrarTE �rc�
(This condition has been met.)
!I. Staff appreval ef a landSGape plan shall be required befere approval of the final Site plaR fGF
this use. The landSGape plan shall provide a planting ef trees aleng the preperty line 0
Rntels' property with the fnlleWing requirements- (This condition has been met.) The
screening trees (58) shown on the Conceptual Site Plan along the rear property line and the
nine (9) evergreens that have been removed since construction of the fellowship hall began
shall be planted prior to demolition of the manse.
(i) The plantings will be evergreen trees, five (5) to six (6) feet tall, planted a minimum
of eight (8) feet on center or spacing distance as recommended by the American
Nurseryman's Association;
(ii) The tree choices are arborvitae or trees of comparable value; and
(iii) The nine (9) evergreen trees to be replaced shall be a minimum of five (5) feet tall.
The trees will run along the nrnnerty line and Will he planted en Mr. Qintex
nreperty nreyided that the nrenerty ewn�e�r���a agrees to permit the IandSGaning to he
planted and maintainer) en that nrenert., (This condition has been met.)
RECOMMENDED MOTION:
A. Should a Planning Commissioner choose to recommend approval of this special use
permit:
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Move to recommend approval of SP 2010 -53 South Plains Presbyterian 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 2010 -53 South Plains Presbyterian Church. Should a
commissioner motion to recommend denial, he or she should state the reason(s) for
recommending denial.
ATTACHMENTS
Attachment A — Character of Area
Attachment B — Imaaes of the Site
Attachment C — BOS Action Letter and Approved Concept Plan
Attachment D — Mr. Rintels Letter
Attachment E — Images from the Adjacent Property to the South
Attachment F — Historic Preservation Committee Comments
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