HomeMy WebLinkAboutSP201400016 Staff Report 2015-09-07I'jkGl^11`�
ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SP201400016 Canaan Christian
Staff: Megan Yaniglos, Principal Planner
Church, Rivanna District
Planning Commission Public Hearing:
Board of Supervisors Hearing: TBD
September 1, 2015
Owner(s): Canaan Christian Center
Applicant(s): Josue and Rosa Hernadez;
Robert Williams
Acreage: 6.90 acres
Rezone from: Not applicable
Special Use Permit for: Church, as permitted
under section 10.2.2.35 of the Zoning Ordinance
TMP: Tax Map 80 Parcel 21
By -right use: RA- Rural Areas
Location: 860 Hacktown Road (Attachment A)
Magisterial District: Rivanna
Proffers /Conditions: Yes
Requested # of Dwelling Units /Lots: not
DA - RA - X
applicable
Proposal: Request for a special use permit
Comp. Plan Designation: Rural Areas -
for a 150 seat church in the Rural Areas.
preserve and protect agricultural, forestal, open
Church had a previously approved special
space, and natural, historic and scenic
use permit that has expired (SP2002 -056).
resources /density (0.5 unit /acre in development
(Attachment D)
lots) in Rural Area 3.
Character of Property: The property is
Use of Surrounding Properties: Single Family
undeveloped and has an open field area with
Residential
wooded areas in the back of the property.
Factors Favorable:
Factors Unfavorable: None identified
1. No significant changes have occurred
since the prior approval for the special
use permit for a church in this location.
2. No significant impacts would be created
by the proposed church.
3. The proposed church is consistent with
the criteria set in the Comprehensive
Plan.
Recommendation: Based on findings presented in the staff report, staff recommends approval with
conditions.
SP201400016 — Canaan Christian Church
Planning Commission: September 1, 2015
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STAFF CONTACT: Megan Yaniglos, Principal Planner
PLANNING COMMISSION: September 1, 2015
BOARD OF SUPERVISORS: TBD
PETITION:
PROJECT: SP201400016 Canaan Christian Church
MAGISTERIAL DISTRICT: Rivanna
TAX MAP /PARCEL: 08000 -00 -00 -02100
LOCATION: 860 Hacktown Road
PROPOSAL: 150 seat church in the Rural Areas. Church had a previously approved special use permit
that has expired (SP2002 -056).
PETITION: Church, as permitted under section 10.2.2.35 of the Zoning Ordinance
ZONING: RA Rural Areas - agricultural, forestal, and fishery uses; residential density (0.5 unit /acre in
development lots)
COMPREHENSIVE PLAN: Rural Areas — preserve and protect agricultural, forestal, open space, and
natural, historic and scenic resources/ density (0.5 unit/ acre in development lots)
CHARACTER OF THE AREA:
The property is vacant with open and wooded area. The adjacent properties are single family residential.
PLANNING AND ZONING HISTORY:
SP2002 -056- Approved special use permit for the church with 150 seats that has since expired due to
the church not commencing the use. (Attachment D)
DETAILS OF THE PROPOSAL:
The applicant is proposing a one story 110 foot by 50 foot church (5,500 square feet) with 150 seats and
50 gravel parking spaces on 6.90 acres (Attachment B). The church was previously approved by the
Board in June 2003 by a vote of 6:0. The applicant did not commence the use within the five year
timeline due to financial constraints, and therefore the special use permit expired. The applicant is now
seeking re- approval of the church.
The location and size of the church has been modified slightly from the original approval. The entrance
has been relocated further south on the property so that it does not impact an existing driveway while still
maintaining site distance. Also, the parking has been modified so that it provides for better pedestrian
and vehicular circulation and is no longer surrounding the building.
ANALYSIS OF THE SPECIAL USE PERMIT REQUEST
Section 33.8 of the Zoning Ordinance states that the Planning Commission and Board of Supervisors
shall reasonably consider the following factors when reviewing and acting upon an application for a
special use permit:
No substantial detriment. The proposed special use will not be a substantial detriment to
adjacent lots.
In evaluating whether a use will be a detriment to adjacent properties, the intensity of the use and
other impacts are evaluated. Comments and concerns of neighboring properties are also considered.
One measure of intensity of the use in relation to nearby and adjoining properties is the traffic impacts
of the proposal. A closely related measure of intensity is scale of the use in relation to the
neighborhood the use is located.
A community meeting was held on January 20, 2015. One neighbor that lives down the street from the
property attended the meeting and had concerns about the church use and the traffic (Attachment C).
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Planning Commission: September 1, 2015
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Additionally, another neighbor who built and purchased a home after the community meeting took
place has raised concerns (Attachment C). This neighbor's property is immediately adjacent to the
back of the property and its driveway is located within an existing private right of way on the proposed
church property along the north property line. Staff and the church met with this neighbor to hear
concerns and provide opportunities to address the concerns. Since the meeting, the church revised
the original plan so that they would no longer share an entrance with the neighbor, and provided
screening along the length of the driveway. The church is proposing not to disturb the existing 100
foot wooded buffer, however staff is also recommending that the church provide additional evergreen
screening along the existing tree line in the back of the property to address the concern of privacy
(Condition 5).
VDOT has evaluated this request and has identified no concerns with the amount of traffic generated
by the church onto Hacktown Road. Also, since the prior special use permit was approved for this use,
Hacktown Road has been paved creating a better condition to accommodate the additional traffic.
VDOT has stated that the entrance to the church meets the site distance requirements, and would be
considered a "low volume commercial entrance" that could be gravel. However, the applicant is
proposing that the entrance be paved, which provides a higher standard than required.
Staff has found that the proposed use would have minimal negative impact on surrounding uses with
the addition of the screening proposed and additional screening that staff is recommending as a
condition.
Character of district unchanged. The character of the district will not be changed by the
proposed special use.
Churches are permitted by special use permit in the Rural Areas to ensure that the impacts from the
use would not have detrimental impact to the area and the district. The church is proposed to have a
150 seat assembly area. The size of the church and the anticipated hours for regular services and
meetings are fairly typical for a Rural Area church should not adversely affect the character of the
district.
Harmony. The proposed special use will be in harmony with the purpose and intent of this
chapter,
Religious land uses are not specifically addressed in the purpose or intent of the zoning ordinance.
However, they have generally been considered as compatible with the purpose of "(I)imited service
delivery to the rural areas." Staff has found that the proposed use to be in harmony with this section.
...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. Therefore, the proposed church will be
in conformance with those uses permitted by right in the Rural Areas.
...with the regulations provided in section 5 as applicable,
There are no supplementary regulations in Section 5.0 for churches.
...and with the public health, safety and general welfare.
As stated above, VDOT has found that the entrance meets site distance requirements and is a higher
SP201400016 — Canaan Christian Church
Planning Commission: September 1, 2015
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standard than what is required. No traffic issues have been identified with this use. Health Department
approval will be required.
Consistency with the Comprehensive Plan. The use will be consistent with the Comprehensive
Plan.
The Comprehensive Plan designates the property as Rural Area. It states the following as criteria for
review for new uses within the Rural Areas (staff comment is provided below each criteria in italics).
Criteria for Review of New Uses
As new uses are proposed in the Rural Area, it is essential that they be able to meet the following
standards. New uses should:
relate directly to the Rural Area and need a Rural Area location in order to be successful, (e.g., a
farm winery has to be located in the Rural Area and would be unlikely to succeed in
the Development Areas);
Further in the Rural Areas section of the Comprehensive Plan it states: "Community
centers and places of religious assembly are considered to be supportive of local rural
residents." Therefore, staff finds that the proposed church use meets this criteria.
be compatible with, and have a negligible impact, on natural, cultural, and historic resources;
The proposed church will not impact natural, cultural or historic resources. There is a
stream buffer on the property, however the location of the church is such that there is no
impact to the stream. Therefore, staff finds that the proposed church meets this criteria.
not conflict with nearby agricultural and forestal uses;
The proposed church does not conflict with nearby agricultural and forestal uses. The
properties along Hacktown Road are mainly single family residential. Therefore, staff finds
that the proposed church meets this criteria.
reflect a size and scale that complements the character of the area in which they will be located;
The proposed church is one story and 5,500 square feet with the minimum number of
required parking spaces. The parking is also proposed to be gravel, which will have
minimal impact and be consistent with neighboring property driveways. The size and scale
of the church is consistent with the character of the area. Therefore, staff finds that the
proposed church meets this criteria.
be reversible so that the land can easily return to farming, forestry, conservation, or other
preferred rural uses;
The proposed church could be converted into a structure that would allow a farming or by
right use (e.g. farm winery tasting room). Additionally, the proposed gravel parking allows
for easy removal. Therefore, staff finds that the proposed church meets this criteria.
be suitable for existing rural roads and result in little discernible difference in traffic patterns;
As stated above, the traffic generated by the proposed church use would be less than if
the property were developed into three by right single family residences, and VDOT did
not identify any traffic concerns. Therefore, staff finds that the proposed church meets this
criteria.
generate little demand for fire and rescue and police service;
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The proposed church would demand the same amount of service as a single family
residence. Additionally, fire and rescue has not identified any concerns with the proposal.
Therefore, staff finds that the proposed church meets this criteria.
be able to operate without the need for public water and sewer;
The proposed church will be required to have a well and drainfield subject to Health
Department approval. Therefore, staff finds that the proposed church meets this criteria.
be sustainable with available groundwater; and
See comment above. Staff finds that the proposed church meets this criteria.
be consistent with other Rural Area policies
As stated above, churches in the rural areas are considered supportive uses for rural area
residents. Therefore, staff finds that the proposed church meets this criteria.
SUMMARY:
Staff has identified factors which are favorable and unfavorable to this proposal:
Factors favorable to this request include:
1. No significant changes have occurred since the prior approval for the special use permit for a
church in this location.
2. No significant impacts would be created by the proposed church.
3. The proposed church is consistent with the criteria set in the Comprehensive Plan.
No unfavorable factors have been identified.
RECOMMENDED ACTION:
Based on the findings contained in this staff report, staff recommends approval of Special Use
Permit 2014 -0016 Canaan Christian Church with the following conditions:
Development and use shall be in general accord with the conceptual plan titled "Special Use
Permit SP2014 -016 Canaan Christian Church" prepared by Williams Enterprises Incorporated
Land Development Design and dated June 2015 (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:
a. location of buildings and structures
b. location of parking areas
c. location of entrance
d. landscape screening
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 of one hundred fifty (150) seat sanctuary;
3. There shall be no day care center or private school on the site without approval of a separate
special use permit;
4. Health Department approval of a well and septic system shall be required prior to the issuance of
a building permit;
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Planning Commission: September 1, 2015
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5. Commercial setback standards, as set forth in Section 21.7 of the Zoning Ordinance, shall be
maintained adjacent to residential uses or other Rural Area zoned property;
6. Screening in accordance with Section 32.7.9.7 shall be provided along the tree line on the
west /rear of the property to screen the parking and church from the adjacent property;
7. Right of way dedication of thirty (30) feet from the existing centerline of Hacktown Road (Route
744) along the entire property frontage shall be required prior to the issuance of a building permit.
8. The use shall commence on or before five (5) years from Board approval or the permit shall
expire and be of no effect;
9. The outside play area activities shall be limited to only take place during daytime hours. Lighting
of the play area shall not be permitted. The play area shall be located as far away as possible
from the adjacent residential properties, but in no case shall the play area be located closer than
seventy -five (75) feet from any adjacent property line. The outside play area location shall be
depicted on the site plan.
Motions:
Special Use Permit
A. Should the Planning Commission choose to recommend approval of this special use permit:
I move to recommend approval of SP 20140016 Canaan Christian Church with the
conditions outlined in the staff report.
B. Should the Planning Commission choose to recommend denial of this special use permit:
I move to recommend denial of SP 20140016 Canaan Christian Church. Should a
commissioner motion to recommend denial, he or she should state the reason(s) for
recommending denial.
ATTACHMENTS
Attachment A — Vicinity Map
Attachment B — Conceptual Plan
Attachment C — Adjacent Owner Letters
Attachment D — SP2002 -056 Conceptual Plan and Action Letter
SP201400016 — Canaan Christian Church
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