ALBEMARLE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT

STAFF REPORT

 

 

   Proposal:  SP 2008 -057 Charlottesville

Kingdom Hall

Staff:  Claudette Grant

Planning Commission Public Hearing:

February 3, 2009

Board of Supervisors Hearing:  To be determined.

Owners: East Congregation of Jehovah’s

Witnesses, Morgan Davis, et al Trustees

Applicant: East Congregation of Jehovah’s Witnesses, Morgan Davis, et al Trustees

Acreage:  Approximately 3.685 acres

Special Use Permit for: Church by special use permit in R-2 and R-4, Residential districts.

TMP: TM: 76 P: 51

Location: 665 Old Lynchburg Road (Route 631), at the intersection of Old Lynchburg Road and Sunset Avenue Extended. (Attachments A & B)

By-right use: R-2, residential – 2 units/acre and R-4, residential - 4 units/acre; Sections 14.2.2.12 and 15.2.2.12 of the Zoning Ordinance which allow for Churches.

 

Magisterial District: Scottsville

Conditions: Yes   EC: Yes

Proposal: Re-approval of expired Special Use Permit – SP2004-002, which is currently in the site development process. The special use permit request allows a Church in the R-2 and R-4, residential districts.

Requested # of Dwelling Units: 0

DA (Development Area): Neighborhood 5

Comp. Plan Designation: Neighborhood Density Residential – residential (3-6 units/acre) and supporting uses such as religious institutions and schools and other small-scale non-residential uses.

Character of Property: The area surrounding the church is made up of primarily single family residences. The site is adjacent to a mobile home park and a church is located across the street.

Use of Surrounding Properties: Primarily single family residences. Berean Baptist Church is located across the street and Southwood Mobile Home Park is located adjacent to the site.

Factors Favorable:

1.   The special use permit provides an institutional use, which is supported by the Comprehensive Plan on Neighborhood Density Residential.

2.   The site design is appropriate

given the topography.

3.   Accommodation is made for a possible future road, which could connect to the adjacent property (Southwood Mobile Home Park).

4.   The factors supporting approval of the original special use permit have not changed.

5.   No ordinance changes have taken place which would affect development of the site.

 

Factors Unfavorable:

1.   The site will not currently be served with public sewer; however, recommended conditions would require hook-up when sewer is available nearby.

 

RECOMMENDATION: Staff recommends re- approval of SP 2008-057 Charlottesville Kingdom Hall with revisions to the originally approved conditions.

 

 

STAFF PERSON:                                                                  Claudette Grant

PLANNING COMMISSION:                                                  February 3, 2009

BOARD OF SUPERVISORS:                                              

 

SP2008-057: CHARLOTTESVILLE KINGDOM HALL

 

Petition:

PROJECT: SP200800057 Charlottesville Kingdom Hall

PROPOSED: Re-approval of expired S.U.P. – SP2004-002 currently in site development process.  Request for S.U.P. to allow a Church.

ZONING CATEGORY/GENERAL USAGE: R-2 Residential – 2 units/acre and R-4 Residential - 4 units/acre.

SECTIONS: 14.2.2.12 and 15.2.2.12 of the Zoning Ordinance which allow for Churches. 

COMPREHENSIVE PLAN LAND USE/DENSITY:  Neighborhood Density Residential – residential (3-6 units/acre) and supporting uses such as religious institutions and schools and other small-scale non-residential uses in Neighborhood 5.

ENTRANCE CORRIDOR: Yes

LOCATION: 665 Old Lynchburg Road (Route 631), at the intersection of Old Lynchburg Road and Sunset Avenue Extended.

TAX MAP/PARCEL: 76/51

MAGISTERIAL DISTRICT: Scottsville

 

Character of the Area and Adjoining properties:

The subject property lies at 665 Old Lynchburg Road (Route 631), at the intersection of Old Lynchburg Road and Sunset Avenue Extended. See Attachment A for the Tax Map and Attachment B for the Location Map. The area consists of residential units, the Berean Baptist Church, located across the street, and Southwood Mobile Home Park, located adjacent to the site.    

 

Specifics of Proposal                                                                                                                                         

The applicant is requesting the re-approval of an expired Special Use Permit – SP2004-002, which was approved May 4, 2005 to allow a Church in a residential district. Section 31.2.4.4 of the Zoning Ordinance states “If the use, structure or activity for which a special use permit is issued is not commenced within twenty-four (24) months after the permit is issued, the permit shall be deemed abandoned and the authority granted  thereunder shall thereupon terminate.” The special use permit expired on May 4, 2007. The applicant has been currently working on a site plan request - SDP 2006-002.

 

The site plan under review was suspended on September 29, 2008 because of the expiration of the special use permit. (See Attachment C for the concept plan) There is one change the applicant is requesting with this application. The applicant is no longer going to provide an apartment in the facility as originally requested because they no longer have a need to house visitors. The applicant also has expressed concerns regarding meeting the timeline for completion as it relates to funding the building renovation. The church is requesting to increase the time allowed for the special use permit request to 4 years instead of the 2 year limit associated with special use permit requests. Attached recommended special use permit conditions have been updated and revised to reflect these changes.

 

The applicant has submitted a revised concept plan. Staff has reviewed this plan and notes there are no significant changes. 

 

Applicant’s Justification for the Request:

The applicant wants to complete the site development process because the church would like to provide a larger space of worship and education for four congregations. The Comprehensive Plan designates this area as Neighborhood Density Residential and the guidelines associated with the Neighborhood Residential designation allow this form of development.

 

Planning and Zoning History

The church was built on the site in 1981, and SP 2004-002 was approved on May 4, 2005 to allow an expansion of the church facility. SDP2006-002 was suspended on September 29, 2008 because the approved Special Use Permit had expired.

 

Comprehensive Plan:

The Land Use Plan designates this area as Neighborhood Density Residential in Neighborhood Five (5). The Comprehensive Plan supports institutional uses, such as churches in Neighborhood Density Residential. As previously stated in this staff report, the site will not be used for residential purposes.

 

A full Neighborhood Model Analysis was completed with the approved SP2004-002 and is applicable for this re-approval request. (See Attachment D for Neighborhood Model Analysis)

 

Staff Comment:

Staff addressed each provision of Section 31.2.4.1 of the Zoning Ordinance with the approved SP2004-002. This information remains unchanged. (See Attachment D)

 

Summary:

The purpose of this request is to renew Special Use Permit – SP2004-002, which has expired and is currently in the site development process. The applicant wishes to complete the site plan process.

 

The primary changes to this request is that the applicant does not plan on adding an apartment to the church facility and the applicant has requested an additional four (4) year timeframe to begin construction.

 

Staff finds the following factors favorable to this request:

1.         The special use permit provides an institutional use, which is supported by the Comprehensive Plan on Neighborhood Density Residential.

2.         The site design is appropriate given the topography.

3.         Accommodation is made for a possible future road, which could connect to the adjacent property (Southwood Mobile Home Park).

4.         The factors supporting approval of the original special use permit have not changed.

5.         No ordinance changes have taken place which would affect development of the site.

 

Staff finds the following factor unfavorable to this request:

1.         The site will not currently be served with public sewer; however, recommended conditions would require hook-up when sewer is available nearby.

 

Recommended Action:

Staff recommends re-approval of SP 2008-057, Charlottesville Kingdom Hall with the following revisions to the originally approved conditions:

 

1.         The development of the site shall be in general accord with the concept plan entitled Proposed Addition Kingdom Hall of Jehovah’s Witnesses Charlottesville, Virginia prepared by Hardee Johnston, A.I.A. and A.S.L.A. Landscape Architect , Page T.1 dated December 28, 2004 January 9, 2006, Revised 12-08-08 and page C. 2 dated January 2, 2006, Revised 1-1-09 (hereinafter, the "Concept Plan"); In addition, the following elements shall be in strict accord with [or “conform to”] the Concept Plan: the relationship of parking areas to building areas, building areas to the street, location of the area for sidewalk dedication and reservation of area for the extension of the Southern Parkway.

2.         The area of assembly shall be limited to a maximum of two (2) auditoriums with one hundred seventy-five (175) seats in each;

3.                             The final site plan shall show an area to be graded across the front of the site to allow the future installation of a sidewalk by others (the "sidewalk area").  The final site plan shall include a note reserving the sidewalk area for future dedication.  The area for dedication shall allow for a minimum width of a five (5) foot sidewalk and which shall meet all applicable VDOT and County standards per Section 32.7.2.8 of the Zoning Ordinance.  The sidewalk area shall be graded in conjunction with the installation of other improvements on the site required by the site plan.  The sidewalk area shall be graded in compliance with the grading standards imposed by the agent.  Upon request by the County, the sidewalk area shall be dedicated for public use.  The owner shall grant all necessary temporary construction easements to allow the sidewalk to be installed; 

4.                             The building shall not have more than one (1) apartment; and

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

5.        Construction of the development plan referenced in Condition 1 above shall commence by [insert date 4 years after date of BOS approval] or this special use permit shall expire.

 

ATTACHMENTS

 

Attachment A – Tax Map

Attachment B – Vicinity Map

Attachment C – Concept Plan, Page T.1 dated January 9, 2006, revised 12-08-08 and page C. 2 dated January 2, 2006, Revised 1-1-09

Attachment D – Planning Commission Staff Report dated March 15, 2005

Attachment E – Board of Supervisors’ Action letter to Hardee Johnston, dated May 12, 2005

Attachment F – Electronic Mail from Gary Whelan, dated December 2, 2008

Attachment G – Letter from Joel DeNunzio, dated November 19, 2008
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