HomeMy WebLinkAboutSP201200003 Staff Report 2012-05-08COUNTY OF ALBEMARLE
STAFF REPORT SUMMARY
Project Name: SP201200003 Congregation Beth
Staff: Megan Yaniglos, Senior Planner
Israel Cemetery in Ivy
Planning Commission Public Hearing:
Board of Supervisors Public Hearing:
May 8, 2012
To be determined
Owner: Manachim and Gloria Mayo
Applicant: Brian Smith, PE
Acreage: 5.0 acres
Special Use Permit: Section 10.2.2 (32)
Cemetery
TMP: Tax Map 58 Parcel 64NN
Existing Zoning and By -right use: Rural Areas:
Location: The parcel is located at 4460 Ivy Road
agricultural, forestral, and fishery uses; residential
density (0.5 unit /acre)
Magisterial District: Samuel Miller
Conditions: Yes
RA (Rural Area): X
Requested # of Dwelling Units: N/A
Proposal: Special Use Permit to allow a cemetery
Comprehensive Plan Designation: Rural Areas
for Congregation Beth Israel on a rural residential
— preserve and protect agricultural, forestral,
property.
open space, and natural, historic and scenic
resources /density (0.5 unit /acre)
Character of Property: Single family residence
Use of Surrounding Properties: Single Family
on the property with open area and some large,
Residential, and agricultural
established trees.
Factors Favorable:
Factors Unfavorable:
1. No impacts on adjacent property
1. None identified.
RECOMMENDATION: Staff recommends approval of this Special Use Permit, with conditions.
SP 2012 -003
PC May 8, 2012
Staff Report Page 1
STAFF PERSON: Megan Yaniglos, Senior Planner
PLANNING COMMISSION: May 8, 2012
BOARD OF SUPERVISORS: TBD
SP2012 -003 Congregation Beth Israel Cemetery in Ivy
PETITION:
PROJECT: SP 2012 00003 Congregation Beth Israel Cemetery in Ivy
PROPOSAL: Special Use Permit to allow a cemetery on a rural area residential property which
allows a cemetery under Section 10.2.2 (32) of the Zoning Ordinance.
ZONING: RA- Rural Areas- agricultural, forestal, and fishery uses; residential density (0.5 unit /acre
in development lots)
ENTRANCE CORRIDOR: Yes
COMPREHENSIVE PLAN: Rural Areas- preserve and protect agricultural, forestall, open space, and
natural, historic and scenic resources /density (0.5 unit /acre in development lots)
LOCATION: 4460 Ivy Road
TAX MAP /PARCEL: 058000000064NN
MAGISTERIAL DISTRICT: Samuel Miller
CHARACTER OF AREA:
The surrounding area is mainly rural and agricultural with single family residential.
Approximately 0.15 miles to the east is Ivy Commons, and 0.25 miles is Ivy center. See
Attachments C and D.
SPECIFICS OF PROPOSAL:
The owners of the property, Mr. and Mrs. Mayo, would like to gift their five acre property to
Congregation Beth Israel, and the congregation would like to utilize the land to expand their
current cemetery which is located near the intersection of Elliot and 1St Street in the City of
Charlottesville (See Attachment B for justification). The current cemetery is slowly running out of
gravesites. The owners would continue to live on the property in the existing residence until their
demise, unless they decide to leave sooner at their sole discretion. The cemetery will be located
on southeast portion of the five acre property, and will consist of approximately three quarters of
an acre. There will also be a small parking area just to the north of the cemetery off an existing
driveway. See attachment A for the Concept Plan.
CONFORMITY WITH THE COMPREHENSIVE PLAN:
The 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. Under the Rural Areas Section of the Comprehensive Plan
allowing a cemetery on a residential property supports the following Guiding Principles:
"Protect the Rural Area's historic, archeological, and cultural resources."
"Protect and enhance rural quality of life for present and future Rural Area residents."
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Staff Report Page 2
"Address the needs of existing rural residents without fostering growth and further
suburbanization of the Rural Areas."
The proposed cemetery addresses the needs of rural residents without encouraging
suburbanization, contributing to the creation of a defacto growth area, or impactingthe character
of local historic, scenic, or cultural resources.
STAFF COMMENT:
Staff addresses each provision of Section 31.2.4.1 of the Zoning Ordinance:
31.2.4.1: Special Use Permits provided for in this ordinance maybe issued upon a finding by the
Board of Supervisors that such use will not be of substantial detriment to adjacent property,
The proposed cemetery does not represent an increased intensity of use. The Virginia
Department of Transportation has found that the use will generate very low traffic, similar to a
single family residence. Therefore, Staff feels there will be no impacts on adjacent property
resulting from the proposed cemetery.
that the character of the district will not be changed thereby and
The single family residence existing on the site will remain, and the cemetery will just be added to
the property. The character of the district will not be changed with the addition of a cemetery on
the property as cemeteries are prevelant in the rural areas.
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)"
Allowing a cemetery on a residential property is in conformance with the purpose and intent of
the Rural Area. The cemetery will be located on a portion of the property that will not impact the
water supply, it will be set back from the well 100 feet, and will not disturb the existing septic
field, and a reserve septic field area remains available on the property.
with uses permitted by right in the district,
The proposed cemetery will be a complimentary use to the by right uses in the Rural Area.
with the additional regulations provided in section 5.0 of this ordinance,
There are no regulations in Section 5.0 of the Ordinance that apply to cemeteries.
and with the public health, safety and general welfare.
The Virginia Department of Transportation has found that this use will generate minimal traffic to
SP 2011 -018
PC May 8, 2012
Staff Report Page 3
the property, similar to that of a single family residence, which already exists on the site. VDOT is
not requiring any additional improvements.
The Albemarle County Engineer has indicated that this project is not in the Albemarle County
Service Authority jurisdictional area for water and sewer service.
The Health Department has reviewed the location of the cemetery and found that it will not
impact groundwater resources.
SUMMARY:
Staff has identified the following factors favorable to this application:
1. No impacts on adjacent property resulting from the proposed cemetery.
Staff has not identified any factors unfavorable to this application.
CONDITIONS:
Based on the findings contained in this staff report, staff recommends approval of Special Use
Permit 2012 -003 Congregation Beth Israel Cemetery with the following conditions:
1. Development and use shall be in general accord with the conceptual plan titled "Concept Plan
for Special Use Permit" prepared by Brian Smith and dated April 12, 2012 (hereafter
"Conceptual Plan "), as determined by the Director of Planning and the Zoning Administrator.
To be in general 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:
a. Location of proposed parking area
b. location of buildings and structures
c. location of proposed cemetery
2. The maintenance and operation (digging of graves) of the cemetery shall be conducted during
day light hours only.
3. No new buildings including maintenance buildings, mausoleums, columbarium or the like shall
be constructed on the property.
RECOMMENDED MOTION:
A. Should a Planning Commissioner choose to recommend approval of this special use permit:
Move to recommend approval of SP 2012 -003 Congregation Beth Israel Cemetery in Ivy with
the reasons and conditions stated in the staff report.
B. Should a Planning Commissioner choose to recommend denial of this special use permit:
SP 2011 -018
PC May 8, 2012
Staff Report Page 4
Move to recommend denial of SP 2012 -003 Congregation Beth Israel Cemetery in Ivy. Should
a commissioner motion to recommend denial, he or she should state the reason(s) for
recommending denial.
ATTACHMENTS
Attachment A - Concept application plan
Attachment B — ADDlicant's Justification
Attachment C — Location Map
Attachment D — Aerial View
SP 2011 -018
PC May 8, 2012
Staff Report Page 5
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