HomeMy WebLinkAboutSP201500007 Staff Report 2015-08-04 FAT 00 A
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ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SP201500007 All Saints Chapel Staff: Christopher P. Perez, Senior Planner
Planning Commission Public Hearing: August 4, Board of Supervisors Hearing: To be determined.
2015
Owner(s): Trustees of St. Johns Mission Church Applicant(s): A.C. Shackelford
and Dovedale LLC
Acreage: 2 acres Special Use Permit for: Church uses in the VR
zoning district require a Special Use Permit per
Section 12.2.2(15).
TMP: 048000000001600 & a small portion of Existing Zoning and By-right Use: VR Village
048000000019E0 Residential - 0.7 unit/acre. & Entrance Corridor
Location: 3929 Stony Point Road (EC).
Magisterial District: Rivanna Proffers/Conditions: Yes
Proposal: Expansion of an existing Church Comprehensive Plan Designation: Rural Areas 2
to construct a 795 SF building addition — preserve and protect agricultural, forestal, open
(social hall), associated parking, and space, and natural, historic and scenic resources/
entrance upgrades. density (0.5 unit/ acre in development lots)
Character of Property: Relatively flat site with Use of Surrounding Properties: Residences,
church building and mature trees. public school, fire station, forests, and open space
Factors Favorable: Factors Unfavorable:
1. An existing, nonconforming use would be 1. None.
brought into conformity with the Zoning
Ordinance
2. No significant impacts would be created by
the proposed addition
3. The Architectural Review Board has
reviewed the request and recommends
approval with conditions.
Recommendation: Staff recommends approval of the Special Use Permit with conditions.
SP201500007—All Saints Chapel
Planning Commission: August 4, 2015
Page 1
STAFF CONTACT: Christopher P. Perez, Senior Planner
PLANNING COMMISSION: August 4, 2015
BOARD OF SUPERVISORS: TBD
PETITION:
PROJECT: SP201500007 All Saints Chapel — Special Use Permit
MAGISTERIAL DISTRICT: Rivanna
TAX MAP/PARCEL: 048000000001600 & a small portion of 048000000019E0
LOCATION: 3929 Stony Point Road
PROPOSAL: Expansion of an existing Church to construct a 795 SF building addition (social hall),
associated parking, and entrance upgrades.
ZONING: VR Village Residential - 0.7 unit/acre.
ENTRANCE CORRIDOR: Yes
SCENIC BYWAYS: Yes
SOUTHWEST MOUNTAINS RURAL HISTORIC DISTRICT: Yes
PROFFERS: No
COMPREHENSIVE PLAN: Rural Areas 2— preserve and protect agricultural, forestal, open space, and
natural, historic and scenic resources/density (0.5 unit/acre in development lots)
PETITION: Church uses in the VR zoning district require a Special Use Permit per Section 12.2.2(15).
CHARACTER OF THE AREA:
The site fronts Route 20, in a rural area of the County characterized by a mix of large- and small-
lot residential subdivisions and moderately-sized farm and forest parcels.
PLANNING AND ZONING HISTORY:
No previous applications have been submitted for this property.
REGULATORY CONTEXT:
This proposal 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).
SP201500007—All Saints Chapel
Planning Commission: August 4, 2015
Page 2
DETAILS OF THE PROPOSAL:
The existing historic church building is 600 SF in size and is a contributing resource in the
Southwest Mountains Rural Historic District. The proposal is to add a 795 SF addition which will
contain a social hall, a toilet, a vesting room, and a closet. Additionally the site is being upgraded
with a commercial entrance and six (6) onsite parking spaces.
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.
Approval of this special use permit would bring an existing church into conformity with the
Zoning Ordinance and would permit only a minor expansion that would not significantly
increase the level of use on the site. No substantial detriment to adjacent property is
expected.
Character of district unchanged. The character of the district will not be changed
by the proposed special use.
As the character and scale of use on the site will not significantly change, the character of
the zoning district will not change.
Harmony. The proposed special use will be in harmony with the purpose and intent
of this chapter, with the uses permitted by right in the district.
Religious land uses are not specifically addressed in the purpose or intent of the zoning
ordinance. However, they have generally been considered as compatible land uses in
rural and residential areas. Churches are common in the RA and VR zoning districts, and
have generally been considered in harmony with residential uses.
The proposed special use will be in harmony with the regulations provided in
section 5 as applicable,
There are no additional regulations in section 5 for churches.
The proposed special use will be in harmony with the public health, safety and
general welfare.
Currently access and parking to the church consists of a gravel pull off in the Route 20
right-of-way. Virginia Department of Transportation (VDOT) has determined that the pull
off does not meet current design standards for a commercial entrance and that there are
potential safety issues and concerns if the entrance is not upgraded. To bring the site into
conformity with VDOT regulations they have required a defined entrance to the site and
parking interior to the site due to the proposed addition.
Consistency with the Comprehensive Plan. The use will be consistent with the
Comprehensive Plan.
The Comprehensive Plan shows this area as Rural Area 2. This designation includes
preservation and protection of agricultural, forestal, and open space, and natural, historic
and scenic resources. The subject parcel is located along an Entrance Corridor (EC) and
the property is a contributing resource in the Southwest Mountains National Register
SP201500007—All Saints Chapel
Planning Commission: August 4, 2015
Page 3
Rural Historic District. The chapel, the fences that extend out from the front of the chapel
(meant to symbolize the "outstretched arms of the church"), and the wooded area framing
the church and fence-line all contribute to the historic significance and visual character of
this site along the EC. The ARB has recommended conditions of approval to help
maintain this character. These conditions would ensure that the materials and colors of
the addition are compatible with those of the historic chapel, that the fence and its end
posts are maintained without substantial change, and that the stone pier at the gate is
relocated. Additional conditions would help retain more existing trees on site (by switching
the locations of the primary and secondary drainfields) and would compensate for trees
that do die as a result of drainfield installation by requiring replacement trees. Together,
these conditions would help ensure preservation of the historic resource and the general
character of the area. Attachment C is the ARB's action letter that outlines the
recommended conditions.
SUMMARY:
Staff has identified factors which are favorable and unfavorable to this proposal:
Factors favorable to this request include:
1. An existing, nonconforming use would be brought into conformity with the Zoning Ordinance
2. No significant impacts would be created by the proposed addition
3. The Architectural Review Board has reviewed the request and recommends approval with
conditions.
Factors unfavorable to this request include:
1. None.
RECOMMENDED ACTION FOR THE SPECIAL USE PERMIT:
Based on the findings contained in this staff report, staff recommends approval of SP2015-00007 All
Saints Chapel based upon the analysis provided herein, with the following conditions:
1. Development and use shall be in general accord with the conceptual plan titled "All Saints Chapel
SP201500007" prepared by Joseph Associates LLC and dated June 1, 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:
• building orientation
• building mass, shape, and height
• location of buildings and structures
• location of parking areas
• relation of buildings and parking to the street
Minor modifications to the plan which do not conflict with the elements above may be made to ensure
compliance with the Zoning Ordinance.
2. Side and rear setbacks shall be commercial setback standards, as set forth in Section 21.7(b) of
the Albemarle County Zoning Ordinance, and shall be maintained adjacent to residential uses or
residentially zoned properties. Front yard setbacks associated with parking shall be commercial
setback standards, as set forth in Section 21.7(a) of the Albemarle County Zoning Ordinance.
SP201500007—All Saints Chapel
Planning Commission: August 4, 2015
Page 4
3. There shall be no day care center or private school on site without approval of a separate special
use permit;
4. The applicant shall obtain VDOT approval of a commercial entrance prior to approval of the final
site plan.
5. The applicant shall obtain Virginia Department of Health approval of well and/or septic system prior
to approval of the final site plan.
6. If it is determined that site conditions allow, switch the locations of the primary and secondary
drainfields.
7. If trees are removed or die as a result of drainfield installation, the trees shall be replaced with 2"
caliper trees. The location of replacement trees shall be shown on a revised landscape plan to be
approved by the Director of Planning or his designee.
8. Materials and colors of the addition shall be compatible with the materials and colors of the historic
chapel.
9. Except for repair and maintenance of the fence where there is no substantial change in design,
and except for renovation of the fence to accommodate a new gate to provide access from the
parking area to the existing front entrance of the chapel where the gate design is compatible in form
and materials with the existing fence design, the fence and its stone end piers shall be retained
without change.
10. If after meeting VDOT and County Engineering requirements, clearances between the edge of
the entrance drive and the property line allow, relocate the stone pier on the east side of the entrance
drive prior to issuance of Certificate of Occupancy (CO).
11. Prior to final site plan approval, the entrance to the site shall either be located entirely on the
Church Property (TMP 04800-00-00-01600) by adjusting the property line between TMP 04800-00-
00-01600 and TMP 04800-00-00-019E0, or the applicant shall obtain an easement from the owner of
TMP 04800-00-00-019E0 to allow the portion of the entrance to be located on that parcel.
Motions for the Special Use Permit:
A. Should the Planning Commission choose to recommend approval of this Special Use Permit:
I move to recommend approval of SP20150007 All Saints Chapel 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 SP20150007 All Saints Chapel for the following reasons:
ATTACHMENTS
Attachment A— Location Map
Attachment B—Concept Plan/Initial site plan
Attachment C—ARB Action Letter
SP201500007—All Saints Chapel
Planning Commission: August 4, 2015
Page 5
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Attachment C
cat Al.
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road,North Wing
Charlottesville,Virginia 22902-4596
Phone(434)296-5832 Fax(434)972-4126
July 8, 2015
Marcia Joseph
481 Clarks Tract
Keswick VA 22947
RE: ARB201500012 All Saint's Chapel
Dear Ms. Joseph,
The Albemarle County Architectural Review Board, at its meeting on July 6, 2015, completed a preliminary
review of the above-noted request. The Board took the following actions.
Regarding the Special Use Permit/Rezoning, the Board by a vote of 3:0, forwarded the following
recommendation to the Planning Commission:
The ARB expresses no objection to the special use permit, subject to the following conditions:
1. Materials and colors of the addition shall be compatible with the materials and colors of the historic
chapel.
2. Except for repair and maintenance of the fence where there is no substantial change in design, and
except for renovation of the fence to accommodate a gate to provide access from the parking area to the
existing front entrance of the chapel where the gate design is compatible in form and materials with the
existing fence design,the fence and its end posts shall be retained without change.
3. If it is determined that site conditions allow,switch the locations of the primary and secondary drainfields.
4. If trees are removed or die as a result of drainfield installation,the trees shall be replaced with 2"caliper
trees.
5. If clearances between the edge of the entrance drive and the property line allow, relocate the stone pier
on the east side of the entrance drive.
In addition the Board, by a vote of 3:0 forward the following recommendations on the above-noted Initial
Site Development Plan to the agent for the Site Review Committee:
• Regarding requirements to satisfy the design guidelines as per§ 18-30.6.4(2), (3)and (5):
None.
• Regarding recommendations on the plan as it relates to the guidelines:
None.
• Regarding recommended conditions of initial plan approval:
1. A Certificate of Appropriateness is required prior to final site plan approval.
2. Indicate existing and proposed materials and colors on the elevation drawing. New materials
and colors shall be compatible with those of the historic chapel.
3. Add the standard equipment note to the architectural plan: "Visibility of all mechanical
equipment from the Entrance Corridor shall be eliminated."
4. If site or exterior building lighting is proposed, show it on the plan and ensure that all related
ordinance requirements are met.
• Regarding conditions to be satisfied prior to issuance of a grading permit:
1. Include the signed conservation checklist on the site plan. Check the boxes that apply.
2. No grading shall begin until all trees to be saved are marked and protected with fencing.
Attachment C
You may submit your application for continued ARB review at your earliest convenience. Application forms,
checklists and schedules are available on-line at www.albemarle.org/ARB.
Revised drawings addressing the comments listed above are required. Include updated ARB revision dates on
each drawing. Please provide a memo including detailed responses indicating how each comment has been
addressed. If changes other than those requested have been made, identify those changes in the memo also.
Highlighting the changes in the drawing with"clouding"or by other means will facilitate review and approval.
If you have any questions concerning any of the above, please feel free to call me.
Sincerely,
Margaret Maliszewski
Principal Planner