STAFF PERSON:                                               William D. Fritz, AICP

PLANNING COMMISSION:                                      September 21, 2004

BOARD OF SUPERVISORS:                                     October 13, 2004


SP 04-26 Calvary Baptist Church


Applicant's Proposal: The applicant is proposing to amend the conditions of a previous special use permit to allow the construction of a 1,600 square foot accessory structure.  The structure will be used to store food, clothing, medicine, educational materials and other supplies used in the church’s mission trips.  A site plan amendment has been submitted in support of this application and it is included as Attachment A.


Petition:  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. 


Character of the Area: The area surrounding the property is a mixture of commercial retail (south), The Lakeside multi-family residential apartments (north), Mill Creek Industrial Park (northwest) and Mill Creek residential (west) and Monticello High School (east).   The site itself is developed with a church. 


RECOMMENDATION:  Staff has reviewed the proposal for conformity with the Comprehensive Plan and the Zoning Ordinance and recommends approval of the special use permit (with conditions).


Planning and Zoning History: The history of the parcel is as follows:


February 12, 2002 – The Planning Commission approved SDP 01-118 and recommended approval of SP 01-59 authorizing expansion of the existing church.  (Prior to this action the Church was non-conforming.)  This allowed a 4,080 square foot addition, and modifications to parking and the entrance. 


March 20, 2002 – The Board of Supervisors approved SP 01-59.


August 12, 2002 – SDP 01-118 for this addition and site modification was signed.


As of the preparation of this staff report, the site is nearing completion of improvements shown on SDP 01-118.  All of staff’s analysis regarding access, parking and Stormwater facilities assumes completion of these improvements. 


Comprehensive Plan and The Neighborhood Model: Requests for special use permits in the Development Areas are assessed for conformity with the Neighborhood Model and the Land Use Plan. 


The Land Use Plan shows this area as Urban Density Residential in Neighborhood 4.  Churches are viewed as supportive uses in residential areas.    


The ways in which the proposed project meets the twelve principles for development in accordance with the Neighborhood Model are provided below: 

Pedestrian Orientation – With an asphalt path already constructed along the front of the church adjacent to Avon Street and a sidewalk connecting the church to the path, staff considers the site interconnected with neighboring uses. 


Neighborhood Friendly Streets and Paths – No new streets are proposed.


Interconnected Streets and Transportation Networks – In prior actions, the entrance of the site was realigned with Southern Parkway to improve connection to Avon Street.  No other options exist for interconnection.


Parks and Open Space – The site is largely developed.  However, the rear portion of the site is open and used by the church for recreation activities.


Neighborhood Centers – Churches often serve as a focal point for communities.  This church should be considered as a center for the nearby residences.


Buildings and Spaces of Human Scale – The proposed building is a small storage building in keeping with the scale of other structures on site. 


Relegated Parking – No new parking is proposed. 


Mixture of Uses – This use is part of a larger neighborhood of mixed retail, apartments, single family attached and industrial uses. 


Mixture of Housing Types and Affordability – This principal does not apply to a church.


Redevelopment – The proposed activity represent an additional investment in an existing facility as opposed to relocating to a new location.


Site Planning that Respects Terrain – No grading or other site development will be required for the new structure. The existing entrance, parking and Stormwater facilities are adequate to accommodate the new structure.


Clear Boundaries with the Rural Areas – This site is entirely within the Development Area. 


Engineering Analysis: The site plan submitted with this special use permit has been reviewed by Engineering staff and it has been determined that the plan may be signed as soon as the special use permit is approved.   


Architectural Review Board Review: The proposed structure has been determined to not be visible from the Entrance Corridor.  Therefore, no review by the ARB is required. 




Section of the Zoning Ordinance below requires that special use permits be assessed as follows:


Will the use be of substantial detriment to adjacent property?

The proposed construction is screened by existing vegetation from all adjacent property.  Staff opinion is that approval of this request will have no impact on adjacent properties. 


Will the character of the zoning district change with this use?

The proposed use is part of the church’s activity and will result in little or no change in the operation of the church.  Staff opinion is that this expanded use will not change the character of the district.


Will the use will be in harmony with the purpose and intent of the zoning ordinance?

Staff has consistently viewed churches as positive contributions to the well being of the community.  Churches may be considered as contributing to “the creation of a convenient, attractive and harmonious community” as contained in the Purpose and Intent of the Zoning Ordinance section 1.4.3.


Will the use be in harmony with the uses permitted by right in the district?

Churches are viewed as complementary and harmonious to other uses in the R-1 district. 


Will the use comply with the additional regulations provided in Section 5.0 of this ordinance?

There are no additional regulations for churches provided in the Supplementary Regulations. 


Will the public health, safety and general welfare of the community be protected if the use is approved?

The proposed use will not require any additional improvements for water or septic.  Fire protection for the existing building will be adequate for the new structure.  Adequate parking and access to Avon Street are currently in place and this use requires no additional improvements. 




Staff has identified the following factors, which are favorable to this request:


1.         This use provides for an area for the church to store humanitarian supplies.

2.         The structure will not be visible from Avon Street or from the developed portion of adjacent properties.

3.         The existing site improvements (access, parking, stormwater facilities) are adequate for the new structure and no other improvements are needed. 


Staff has identified no factors, which are unfavorable to this request.




Staff recommends approval of the request with the following conditions of approval:  (These conditions are identical to those approved with SP 2001-059 except as noted.)


  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. 






A –Site Plan

B –Map of Area

C –Applicant’s supporting information

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