Albemarle County Planning Commission

September 21, 2004


The Albemarle County Planning Commission held a meeting and public hearing on Tuesday, September 21, 2004 at 6:00 p.m., at the County Office Building, Room 241, Second Floor, 401 McIntire Road, Charlottesville, Virginia. Members attending were William Rieley; Rodney Thomas, Chairman; Bill Edgerton; Cal Morris; Marcia Joseph; Jo Higgins; and Pete Craddock, Vice-Chairman.  Absent was David J. Neuman, FAIA, Architect for University of Virginia (non-voting).


Other officials present were Wayne Cilimberg, Director of Planning & Community Development; David Benish, Chief of Planning & Community Development; Bill Fritz, Chief of Current Development; Glen Brooks, Senior Engineer; Francis MacCall, Senior Planner and Greg Kamptner, Assistant County Attorney.


Call to Order and Establish Quorum:

Mr. Thomas called the regular meeting to order at 6:10 p.m. and established a quorum. 


Regular Items:

SP-2004-00026 Mission Link Project / Calvary Baptist Church Amendment (Sign #9) -  Request for special use permit approval, in accordance with Section 13.2.2(10) of the Zoning Ordinance, for the modification of the conditions of a prior special use permit (SP 2001 -59) to permit the construction of an accessory structure at an existing church on 2.997 acres zoned R1, Residential. The driveway is to be aligned with the Southern Parkway.  The property, described as Tax Map 77, Parcel 43, is located in the Scottsville Magisterial District on Avon Street Extended across from the Southern Parkway. The Comprehensive Plan designates this property as Neighborhood 4.  (Bill Fritz)


Mr. Fritz stated that this request was for an amendment to a prior special use permit. This church is located on Avon Street across from the Mill Creek Industrial Park and adjacent to the Southside Shopping Center. This particular project was reviewed in 2001/2002 as a special use permit.  It was a nonconforming church and they built an addition onto the back.  That was all done under a site plan.  The church currently wants to build a 1,600 square foot addition, which is used as part of their outreach program. The church wants to use the addition to store the materials that they collect and form into packages, which are then used for their missions typically overseas.  But the materials sometimes are used both inside and outside of the community.  The church needs a place to store these materials.  The packages are created in their own church and other locations, and then the packages are stored in this building until they are shipped out.  Staff has reviewed the special use permit and the site plan amendment, which was submitted in support of it.  The site plan amendment can actually be signed as soon as the special use permit is approved.  Staff has recommended approval and found no unfavorable factors with the special use permit.  The conditions are outlined in the staff report.  The conditions will basically stay the same with two relatively minor changes.  One was the reference to a particular plan, and the other was the limitation on the size, which had to be increased.


Mr. Thomas asked if the Commission had any questions for Mr. Fritz.


Ms. Joseph stated that if the storm water area had been looked at.


Mr. Fritz stated that the storm water area had been looked at for pre-construction and during the construction to make sure that area would work and function as designed.  Mark Chambers was actually out there in the field as it was being constructed and signed off on it as being done properly.


Ms. Joseph asked if the area in the back was flat.


Mr. Fritz stated that the area in the back was actually flat and there was no grading that needs to be done to support this at all.  He stated that the only earth work that the church will have to do is for the footing.


Ms. Joseph asked when staff talked with the applicant about how these goods were going to get from the parking area to the building what was answer.


Mr. Fritz stated that there were stairs with a walk that could be used in the rear and a door that could be used.  The applicant would walk across the lawn to get to that area.


Ms. Joseph asked if they would have to walk across a grassy area, and Mr. Fritz stated that was correct and that he had discussed that with the applicant.


Ms. Higgins asked if the realignment had been done.


Mr. Fritz stated that the applicant has already realigned the entrance and done all of the work.


Mr. Thomas opened the public hearing and invited the applicant to address the Commission.


Cindy Newsome stated that she was present to answer any questions that the Commission might have.


Ms. Joseph asked why the church has not proposed any kind of hard surface to get these materials to the storage building and then back out again.


Ms. Newsome stated that since it was not that great of a distance they did not feel that it was necessary. The church was going to be moving more from the church to the building than from the parking lot to the building.


Ms. Joseph stated that there was no pavement between the church and the building.


Mr. Fritz stated that the conditions were written so that if the church decided sometime in the future to put in a sidewalk in that area that staff would be able to approve that administratively because it would be in general accord.


Mr. Thomas asked if there was any public present who wanted to speak on this application.  There being none, he closed the public hearing to bring the matter back before the Commission for discussion and a possible action.


Mr. Rieley moved for approval of SP-2004-00026, Mission Link Project/Calvary Baptist Church Amendment with the recommended conditions.


1.       The church’s improvements and the scale and location of the improvements shall be developed in general accord with the submitted preliminary site plan entitled, “Site Plan, Calvary Baptist Church,” prepared by David Wyant, P.E., and dated January 4, 2002 “Site Plan Calvary Baptist Church” received May 26, 2004 and initialed WDF 9/8/04;

2.       The total square footage of the building including the proposed expansion shall not exceed eleven thousand, five hundred (11,500) thirteen thousand, one hundred (13,100) square feet;

3.       Yards and setbacks for structures shall be in accord with the R-1 setbacks, as specified in Section 13.3 in the Zoning Ordinance, to be in effect on March 20, 2002.  Parking areas shall be setback at least ten (10) feet from all property lines, except the southern portion of the property that abuts the Southside Shopping Center;

4.       There shall be no day care center of private school on site without approval of a separate special use permit, or amendment to this permit;

5.       VDOT approval of the proposed entrance aligning with the Southern Parkway must be granted prior to final site plan approval; and

6.       A tree conservation plan for the rear forested area of critical slopes in accordance with Section shall be submitted with the final site plan.  It may only be disturbed under the conditions of connecting to the available public sewer in the rear of the property.  Following such activity, the slopes shall be reconstructed and replanted as deemed necessary to comply with Engineering requirements and the approved final site plan.  The tree conservation plan shall be subject to review and approval by the Planning Director. 


Ms. Higgins seconded the motion.


Mr. Thomas asked if there was any more discussion.


Ms. Joseph asked to add a condition that the applicant needs to make some sort of hard surface connection between either the parking or the church building to this building because they would expect that of anyone else that were doing this sort of thing.  She stated that the church might have some erosion problems if they start a pathway there without any kind of hard surface.


Mr. Thomas asked Mr. Fritz to explain why staff did not recommend that condition.


Mr. Fritz stated that staff had discussed that with the applicant.  The applicant had pointed out the infrequencies of the deliveries and the need for the actual access to the building.  Therefore, staff did not feel that there was a need for it.  Staff was also of the opinion that if at some time they did determine that they needed it that the conditions were written in such a way that they could install it themselves.


Mr. Thomas asked if any other Commissioner had any thoughts on that.


Mr. Craddock stated that he was satisfied with the motion as made.


Mr. Thomas stated that he would rather leave it up to the applicant to make that decision at the time that they feel like it is necessary.  He asked for a roll call.


The motion carried vote of (7:0).


Mr. Thomas stated that the motion carries and that SP-2004-00026 would be heard by the Board on October 13.


Mr. Rieley stated that for the record that he felt that she was correct and that the church would end up putting in a sidewalk.



With no further items, the meeting adjourned at 7:33 p.m. to the September 28, 2004 meeting.



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