HomeMy WebLinkAboutSP201000047 Legacy Document 2012-05-01COUNTY OF ALBEMARLE
STAFF REPORT SUMMARY
Project Name:
Staff: Scott Clark, Senior Planner
SP2010 -00046 New Hope Church
SP2010 -00047 New Hope Church Soccer Field
Planning Commission Public Hearing: May 8, 2012
Board of Supervisors Public Hearing: TBA
Owner /s: New Hope Community Church; Michael
Applicant: New Hope Community Church; Michael
Henderson Trustee
Henderson Trustee
Acreage: 21 acres
Special Use Permit: SP201000046: 10.2.2.35,
Church building and adjunct cemetery; SP201000047:
10.2.2.4, Swim, golf, tennis or similar athletic
facilities (reference 5.1.16)
TMP: 021000000012CI
Existing Zoning and By -right use: RA Rural Areas -
Location: Northwest side of intersection of Dickerson
agricultural, forestal, and fishery uses; residential
Road (Route 606) and Dickerson Lane (Route 763).
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; AIA Airport Impact Area - Overlay to
minimize adverse impacts to both the airport and the
surrounding land
Magisterial District: White Hall
Conditions or Proffers: Yes
DA (Development Area): Piney Mountain
Requested # of Dwelling Units: n/a
Proposal: SP201000046: 400 -seat church with offices
Comprehensive Plan Designation: Rural Areas -
and classrooms; SP201000047: Soccer field for athletic
preserve and protect agricultural, forestal, open space,
events, on grounds of proposed new church
and natural, historic and scenic resources/ density ( .5
unit/ acre in development lots)
Character of Property: The land is wooded, primarily
Use of Surrounding Properties: Churches,
in pines.
residences. The GE Fanuc facility is approximately
550 feet to the southwest
Factors Favorable (SP2010- 00046):
Factors Unfavorable (SP2010-
1. The proposed church use fits the area's established pattern of land
00046): 1.
uses, which includes other churches, residences, and light-
Adjacent owners are concerned that
industrial uses.
the proposed design would bring
2. The Virginia Department of Transportation and the Virginia
people close enough to Piney
Department of Health have found that the proposed conceptual
Mountain Road that unauthorized
plan meets their standards for public health and safety.
access would become a problem.
3. The proposed design includes significant tree protection areas that
will reduce water - quality impacts and visual impacts of the
development
Factors Favorable (SP2010- 00047)
Factors Unfavorable (SP2010-
1. The community would gain an additional soccer field
00047):
2. No outdoor lighting or amplified sound system would be installed,
Adjacent landowners are concerned
which would prevent lighting impacts on neighboring properties,
that the field use will be visible and
and keep noise impacts to a minimum
audible from their properties.
3. Prohibition on tournaments would reduce traffic and noise impacts.
RECOMMENDATION: Staff recommends approval of these Special Use Permits, with conditions. The
proposal will also require a critical slopes waiver (under section 4.2.5(a) of the Zoning Ordinance) from the
Board of Supervisors, and staff recommends approval of that request.
Proposal
SP201000046: 400 -seat church with offices and classrooms
SP201000047: Soccer field for athletic events, on grounds of proposed new church
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; AIA Airport Impact Area - Overlay to minimize
adverse impacts to both the airport and the surrounding land
SECTION:
SP201000046: 10.2.2.35, Church building and adjunct cemetery
SP201000047: 10.2.2.4, Swim, golf, tennis or similar athletic facilities (reference 5.1.16)
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: Northwest side of intersection of Dickerson Road (Route 606) and Dickerson Lane
(Route 763).
TAX MAP /PARCEL: 021000000012C 1
MAGISTERIAL DISTRICT: White Hall
COMPREHENSIVE PLAN:
The Comprehensive Plan designates the property as Rural Area. The property is located in the
Piney Mountain neighborhood.
CHARACTER OF THE AREA:
This property is zoned Rural Areas, and is included in the EC Entrance Corridor and AIA
Airport Impact Areas zoning overlay districts. All the surrounding properties but one are zoned
RA Rural Areas. The remaining adjacent property, to the southwest, is zoned LI Light Industrial.
Two adjacent properties to the east have already been developed as churches.
PLANNING AND ZONING HISTORY:
No previous applications have been submitted for this property.
PROPOSALS:
The applicant is proposing to build a church with seating for 400 persons, offices, classrooms,
and 150 parking spaces. The plan indicates that the church facility may be built in phases, but the
request is for the entire 400 -seat facility.
The proposed athletic facility is a single outdoor soccer field with no lighting or amplified
sounds. The applicant estimates that a maximum of 50 people would attend for weekend games
(fewer for weekday- afternoon practices), and has stated that no tournaments would be held on
the site. See Attachment C for the conceptual plan for the two uses.
REGULATORY CONTEXT:
SP201000046 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).
SP201000047 is not subject to these limitations.
ANALYSIS OF THE SPECIAL USE PERMIT REQUESTS:
The staff analysis below is for both special use permit requests. Section 31.6.1 of the Zoning
Ordinance below requires that special use permits be reviewed as follows:
Will the use be of substantial detriment to adjacent property?
As the adjacent properties to the east have already been developed as churches, no
detriment is expected on that side.
The dwellings to the west and north of the site would be approximately 300 to 800 feet
from the developed portion of property. As church activities would take place indoors
and there would be no outdoor lighting or amplification for the soccer field, significant
light and sound impacts would be to some degree limited. However, adjacent landowners
have expressed concerns over the visibility of the soccer field and church facility from
properties higher on Piney Mountain. They have also expressed concerns that the narrow
wooded buffer on the west side of the church property would not be enough to prevent
people on the church site from accessing Piney Mountain Road or walking into the
adjacent wooded properties.
Access to the residential parcels would not be directly affected, as they use the private
Piney Mountain Road, which is not connected to the church property. Access could be
indirectly affected by the fact that both the church and the dwellings would use Dickerson
Road and Dickerson Lane to access US 29. The Virginia Department of Transportation is
satisfied with the design and location of the entrance for the site.
Will the character of the zoning district change with this use?
The addition of a church to a portion of the RA zoning district that is already
characterized by church and residential uses is not expected to significantly change the
character of the district.
The southern end of the property is in the rearmost portion of the 500 -foot area affected
by the EC Entrance Corridor overlay zoning district. No structures are included in this
area, and the remaining tree cover on the site would obscure visibility of the developed
portion of the site, with the possible exception of the entrance. Architectural Review
Board staff has reviewed the proposal and found that the proposed use will not impact the
character of the Entrance Corridor zoning district.
The property is also located in the AIA Airport Impact Area zoning overlay district.
However, the proposed development would be located significantly below the peak of
Piney Mountain and would not create any obstruction to takeoffs or landings at the
airport. No impact on this zoning district is expected.
Will the use be in harmony with the purpose and intent of the zoning ordinance?
Religious land uses are not specifically addresses in the purpose or intent of the zoning
ordinance. However, they have generally been considered as compatible land uses in
rural and residential areas.
The proposed soccer field supports the zoning ordinance's purposes to provide
"adequate... recreational facilities."
Will the use be in harmony with the uses permitted by right in the district?
Churches are common in the Rural Areas zoning district, and have generally been
considered in harmony with agricultural land uses and with residential uses.
The compatibility of athletic facilities with rural land uses has generally been evaluated
on the scale of the use and the nature of the visible and audible impacts. This minimally -
developed soccer field would be of a smaller scale than the existing or proposed churches
in the area, and would not include lighting or amplified sound. Therefore staff finds that
this particular athletic facility would be in harmony with by -right uses in the district.
However, adjacent landowners are concerned about the visibility of the field from their
properties and the sounds created during use of the field.
Will the use be in harmony with additional regulations provided in section 5?
There are no additional regulations in section 5 for churches.
Included below is a discussion of the regulations in section 5 for athletic facilities:
5.1.16 SWIMMING, GOLF, TENNIS CLUBS
Each swimming, golf or tennis club shall be subject to the following:
a. The swimming pool, including the apron, filtering and pumping equipment,
and any buildings, shall be at least seventy -five (75) feet from the nearest
property line and at least one hundred twenty -five (125) feet from any existing
dwelling on an adjoining property, except that, where the lot upon which it is
located abuts land in a commercial or industrial district, the pool may be
constructed no less than twenty -five (25) feet from the nearest property line of
such land in a commercial or industrial district;
No swimming pool is included in this proposal.
b. When the lot on which any such pool is located abuts the rear or sideline of,
or is across the street from, any residential district, a substantial, sightly wall,
fence, or shrubbery shall be erected or planted, so as to screen effectively said
pool from view from the nearest property in such residential district;
No swimming pool is included in this proposal.
c. (Repealed 6- 14 -00)
d. The board of supervisors may, for the protection of the health, safety, morals
and general welfare of the community, require such additional conditions as it
deems necessary, including but not limited to provisions for additional fencing
and /or planting or other landscaping, additional setback from property lines,
additional parking space, location and arrangement of lighting, and other
reasonable requirements;
Given that this is facility is not a swimming pool and will not have lights or an
amplified sound system, staff believes that the design show on the conceptual
plan is sufficient to protect the health, safety, morals, and general welfare of
the community.
e. Provision for concessions for the serving of food, refreshments or
entertainment for club members and guests may be permitted under special
use permit procedures.
No such facilities have been proposed by the applicant.
Will the public health, safety and general welfare of the community be protected if the
use is approved?
The proposed entrance design and location meet the Virginia Departments of
Transportation's standards for these proposed uses. The Virginia Department of Health
has found that the site has adequate water - supply and septic- effluent processing capacity
for the proposed uses.
CRITICAL SLOPES MODIFICATION
The proposed development will require the disturbance of critical slopes. A modification to allow
critical slopes disturbance is necessary before the site development plan for the use can be approved by
the Board of Supervisors. Section 4.2.3.2 of the Zoning Ordinance restricts earth- disturbing activity on
critical slopes, while Section 4.2.5(a) allows the Board of Supervisors to waive this restriction.
The critical slopes in the area of this request appear to be natural. Staff has reviewed this waiver request
with consideration for the concerns that are set forth in Section 4.2 of the Zoning Ordinance, entitled
"Critical Slopes." These concerns have been addressed directly through the analysis provided herein,
which is presented in two parts, based on the Section of the Ordinance each pertains to.
Section 4.2.5(a)
Description of critical slope area and proposed disturbance:
The areas proposed for disturbance are small, isolated areas of critical slopes that are not part of any
major system of slopes (see Attachment D).
Proposed disturbance per conceptual plan:
Areas
Acres
Total site
21 acres approximately
Area of critical slopes
(man -made & natural)
Man -made= 0
Natural = 0.96 ac.
0 % of development
4.6% of development
Total critical slopes area
0.96 acres
4.6% of development
Critical slopes disturbed
0.03 acres
3.125% of critical slopes
The engineering analysis of the request follows:
Description of critical slope area and proposed disturbance:
The critical slope areas contain natural critical slope areas.
Below, each of the concerns of Zoning Ordinance section 18 -4.2 is addressed:
1. "rapid and /or large scale movement ofsoil and rock ": Proper slope construction, control of
drainage, and vegetative stabilization will prevent any movement of soil.
2. "excessive stormwater run- off ": Stormwater runoff from the roads will be conveyed in pipes to
a basin
3. "siltation of natural and man -made bodies of water ": Inspection and bonding by the County
will ensure siltation control during construction. Proper stabilization and maintenance will
ensure long -term stability.
4. "loss of aesthetic resource ": The areas proposed for disturbance are small, isolated areas that
do not constitute a significant aesthetic resource. Development of these areas will not create
notable physical changes to the site.
5. "septic effluent": The areas proposed for disturbance are not located near any existing septic
fields (there are none on the property, and do not connect to the areas proposed for new septic
fields.
No portion of this conceptual plan is located inside the 100 -year flood plain area according to FEMA
Maps, dated 04 February 2005.
Summary of review of modification ofSection 4.2:
Section 4.2.5 establishes the review process and criteria for granting a waiver of Section 4.2.3. The
preceding comments by staff address the provisions of Section 4.2.5(a). Staff has included the provisions
of Section 4.2.5(a) (3) here, along with staff comment on the various provisions.
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;
The proposed areas of disturbance are a very small proportion of the site. Strict application of the
requirements of section 4.2 would require the applicants to increase the areas of grading and
reduce the wooded areas that are important to mitigating the impacts of this use.
B. Alternatives proposed by the developer or subdivider would satisfy the intent and purposes of
section 4.2 to at least an equivalent degree;
No alternatives have been proposed by the developer.
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
Prohibiting the proposed development of critical slopes would not prohibit or unreasonably
restrict the use of the property, which could be used for by -right uses available under Rural
Areas zoning, including agriculture, forestry, or a residence.
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 the requested modification would permit impacts to some minor areas of critical slopes
However, avoiding all impacts on critical slopes would increase grading and land - clearing on the
remainder of the site. Reduced land - clearing in the Rural Areas advances the public purpose to
protect water quality, and this proposal would provide recreational area that would be of benefit
to the community.
SUMMARY AND ACTION (SP 2010 -00046 New Hope Church):
Staff has identified factors which are favorable and unfavorable to this proposal:
Factors favorable to this request include:
1. The proposed church use fits the area's established pattern of land uses, which includes
other churches, residences, and light - industrial uses.
2. The Virginia Department of Transportation and the Virginia Department of Health have
found that the proposed conceptual plan meets their standards for public health and safety.
3. The proposed design includes significant tree protection areas that will reduce water - quality
impacts and visual impacts of the development.
Factors unfavorable to this request include:
1. Adjacent owners are concerned that the proposed design would bring people close enough to
Piney Mountain Road that unauthorized access would become a problem.
RECOMMENDATION: Staff recommends approval of SP2010 -00046 New Hope Church
based upon the analysis provided herein, with the following conditions:
1. Development and use shall be in general accord with the conceptual plan titled
"Conceptual Plan: New Hope Community Church," prepared by Blackwell
Engineering PLC, revision number 3 (dated 2- 18 -12), (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 element within the development essential to the design of the
development, as shown on the Conceptual Plan:
location of buildings and structures, which may be built in phases
location and maximum number of parking spaces, which may be built in
phases
location of the entrance
location of the "wooded area to remain," within which land clearing and
development shall not occur, with the exception that the designated
"Proposed Reserve Drainfield" site may be cleared and used only for that
purpose
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 400 -seat sanctuary.
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. There shall be no day care center or private school on site without approval of a
separate special use permit;
5. Entrance design and location must be approved by the Virginia Department of
Transportation before construction of the access road for this use may commence.
6. Written approval of water - supply and septic facilities must be submitted before this
use may commence.
PLANNING COMMISSION MOTION — Special Use Permit:
A. Should a Planning Commissioner choose to recommend approval of this special use
permit:
Move to recommend approval of SP 2010 -00046 New Hope Church with the
following conditions:
1. Development and use shall be in general accord with the conceptual plan titled
"Conceptual Plan: New Hope Community Church," prepared by Blackwell
Engineering PLC, revision number 3 (dated 2- 18 -12), (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 element within the development essential to the design of the
development, as shown on the Conceptual Plan:
location of buildings and structures, which may be built in phases
location and maximum number of parking spaces, which may be built in
phases
location of the entrance
location of the "wooded area to remain," within which land clearing and
development shall not occur, with the exception that the designated
"Proposed Reserve Drainfield" site may be cleared and used only for that
purpose
Minor modifications to the plan which do not conflict with the elements above may be
made to ensure compliance with the Zoning Ordinance.
2. 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.
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. There shall be no day care center or private school on site without approval of a
separate special use permit;
5. Entrance design and location must be approved by the Virginia Department of
Transportation before construction of the access road for this use may commence.
6. Written approval of water - supply and septic facilities from the Virginia
Department of Health must be submitted before this use may commence.
B. Should a Planning Commissioner choose to recommend denial of this special use
permit:
Move to recommend denial of SP 2010 -46 New Hope Church. Should a commissioner
motion to recommend denial, he or she should state the reason(s) for recommending
denial.
SUMMARY AND ACTION (SP 2010 -00047 New Hope Church Soccer Field):
Staff has identified factors which are favorable and unfavorable to this proposal:
Factors favorable to this request include:
1. The community would gain an additional soccer field
2. No outdoor lighting or amplified sound system would be installed, which would
prevent lighting impacts on neighboring properties, and keep noise impacts to a
minimum
3. Prohibition on tournaments would reduce traffic and noise impacts.
Factors unfavorable to this request include:
1. Adjacent landowners are concerned that the field use will be visible and audible from
their properties.
RECOMMENDATION: Staff recommends approval of SP2010 -0047 based upon the analysis
provided herein, with the following conditions:
1. Development and use shall be in general accord with the conceptual plan titled
"Conceptual Plan: New Hope Community Church," prepared by Blackwell
Engineering PLC, revision number 3 (dated 2- 18 -12), (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 element within the development essential to the design of the
development, as shown on the Conceptual Plan:
location and size of the soccer field
Minor modifications to the plan which do not conflict with the elements above may
be made to ensure compliance with the Zoning Ordinance.
2. No outdoor lighting shall be constructed or installed for this use.
3. No amplified sound system shall be used or installed for this use.
4. No tournaments shall be held on this soccer field.
PLANNING COMMISSION MOTION — Special Use Permit:
A. Should a Planning Commissioner choose to recommend approval of this special use
permit:
Move to recommend approval of SP 2010 -47 New Hope Church Soccer Field with
the following conditions:
1. Development and use shall be in general accord with the conceptual plan titled
"Conceptual Plan: New Hope Community Church," prepared by Blackwell
Engineering PLC, revision number 3 (dated 2- 18 -12), (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 element within the development essential to the design of the
development, as shown on the Conceptual Plan:
location and size of the soccer field
Minor modifications to the plan which do not conflict with the elements above may
be made to ensure compliance with the Zoning Ordinance.
2. No outdoor lighting shall be constructed or installed for this use.
3. No amplified sound system shall be used or installed for this use.
4. No tournaments shall be held on this soccer field.
B. Should a Planning Commissioner choose to recommend denial of this special use
permit:
Move to recommend denial of SP 2010 -47 New Hope Church Soccer Field. Should a
commissioner motion to recommend denial, he or she should state the reasons) for
recommending denial.
SUMMARY AND ACTION (Critical Slopes Waiver):
Staff has reviewed this modification request and has identified the following favorable and unfavorable
factors:
Favorable factors:
1. The disturbance does not impact significant resources in the Open Space Plan.
2. The critical slopes to be disturbed do not make up a larger system of slopes.
Unfavorable factors:
None found
Staff recommends approval of the modification request based upon the analysis provided herein.
ATTACHMENTS
Attachment A — Vicinity Map
Attachment B — Site Map
Attachment C — Conceptual Plan
Attachment D — Critical - slopes Map