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HomeMy WebLinkAbout05-07 BOS Staff ReportCONDITIONAL USE PERMIT #05-07 SPIRITUALITY RETREAT CENTER, CATHOLIC DIOCESE OF ARLINGTON Staff Report for the Planning Commission Prepared: October 1, 2007 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 09/19/07 Recommended Approval Board of Supervisors: 10/10/07 Pending LOCATION: This property is located at 125 Old Kitchen Road and Armel Road (Route 642). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 76-A-129 PROPERTY ZONING & PRESENT` USE: Zoned: RA (Rural Areas) Land Use: Monastery and Agricultural ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Land Use: Agricultural South: RA (Rural Areas) Land Use: Residential/Agricultural East: RA (Rural Areas) Land Use: Residential West: RA (Rural Areas) Land Use: Residential/Agricultural PROPOSED USE: Spiritual Retreat Center within the existing facility and on the 150 acre property. CUP #05-07, Spirituality Retreat Center October 1, 2007 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have a measurable impact on Route 642, the VDOT facility which would provide access to the property. This proposed submittal appears acceptable to VDOT. Further comments will follow at site plan review. Prior to operation of the business, a commercial entrance must be constructed to our standards to allow for safe egress and ingress of the property. Any work performed on the State’s right-of-way must be covered under a land use permit. The permit is issued by this office and requires an inspection fee and surety bond coverage. Frederick County Fire Marshall: Plan approval recommended. Frederick County Inspections: Existing building shall comply with The Virginia Uniform Statewide Building Code, The International Existing Building Code and use group A (Assembly) and R (Residential), of the International Building Code/2003. Other Code that apply are ICC/ANSI A 177.1-03 Usable and Accessible Buildings and Facilities. Accessible route improvements shall comply with the IEBC 20% cost unless full compliance is met. Asbestos inspection shall be required prior to permit issuance for change of use permit for the renovations. Note: Elevations of the accessible route from the building required exits to the accessible parking is not shown in detail on the site plans submitted. Please submit detailed plans showing the accessible route and elevations at the time of permit application. Frederick County Public Works: Upon review of the site plan dated May 30, 2007, we offer no comments at this time. Therefore, we recommend our approval of the subject site plan. Since the project proposes the disturbance of more than 10,000 square feet, the proposed improvements will require a Land Disturbance Permit. VDH-Office of Drinking Water: If the system serves “at least 25 persons per day for at least 60 days out of the year” you would not have to submit plans to our office for the construction and you would not be required to have a waterworks permit. In the eyes of the regulations you would be a private system regulated similar to a private home and your well site would be approved by the Local Health Department. I would make the following suggestions: I would be glad to meet with you and approve any well sites which you may be planning to develop. Then I suggest so that if the system ever expands to fit the public definition the wells will already be in the system. I can give you a list of water quality development samples required of public systems. For safety and liability purposes I would suggest you run these samples although they are not required. After the system is in operation I suggest you t ake quarterly bacterlogical samples again for safety and liability purposes, although they are not required. If you have any food services in the future a permit for that operation will have to be obtained from Local Health Department. If a food permit is required they will work with you to set up a bacterlogical sampling program. CUP #05-07, Spirituality Retreat Center October 1, 2007 Page 3 Department of Environmental Quality: Please see the attached correspondence. Frederick-Winchester Health Department: The health department cannot comment favorably on the proposal as submitted. An antiquated, non-discharging lagoon is proposed to be used for sewage disposal. The possibility of contamination of groundwater is a concern. In addition, there is not guarantee that the current sewage disposal system will function properly given the proposed increase in water use and changes in wastewater quality. An Authorized Onsite Soil Evaluator could possibly locate an acceptable site for a sewage disposal system to accommodate the proposal. Public water and sewer, if approved by the Frederick County Sanitation Authority, could also be an option, if feasible. Based on the information provided in the submittal, a public water supply will be required. Contact the Office of Water Programs for information and permitting. A permit for a restaurant and/or a motel may be required and should be addressed when the site is submitted. Planning and Zoning: The proposed use is identified as a Spiritual Retreat Center in the application. Within the RA (Rural Areas) Zoning District this particular type of use has historically been classified within the following group, Section 165-51.O. Campgrounds, tourist camps, recreation areas and resorts. The most recent example of such a use being addressed as a Religious Retreat in this classification in Frederick County is God’s Glory Land within the Back Creek District (CUP#01-94). The historical use of this property as monastery/friary, and later as a residence and care center for elderly friars, has not been in operation for a relatively long period of time (much greater than one year). Therefore, the property has not retained any level of legal nonconformity. Accordingly, the direction is to establish a use permitted with a CUP, a Spirituality Retreat Center. This is consistent with Section 165-51.O. of the Frederick County Zoning Ordinance. The Catholic Diocese of Arlington is proposing to use the former Franciscan Monastery as a spirituality center for reflection, worship, retreats, and diocesan meetings. The existing facility is located on a 150 acre site and includes a chapel with approximately 100 seats, a cafeteria, meeting rooms, library, sleeping rooms, and supporting areas. The Diocese also anticipates using the property for outdoor passive recreational trails such as nature and reflection trails. The Diocese projects that as many as 160 people may use the facility at any one time. However, such large scale gatherings would occur relatively infrequently. More frequently, the facility would be used for small retreats, some that may be for several nights, and for larger groups for daytime use. A limited number of resident staff (no more than 5) is anticipated. The proposed conditions accompanying this Conditional Use Permit are based upon the scope of the above use of the facility as provided by the CDA. A possible schedule of their use has been provided as part of their application. In addition, the proposed conditions address the current health system limitations of the property. CUP #05-07, Spirituality Retreat Center October 1, 2007 Page 4 The scope of the use should be based around the existing building and the current health system limitations of the property. The responsible permitting agencies; the Virginia Department of Health – Office of Water Programs and the Department of Environmental Quality have been in consultation with the Catholic Diocese of Arlington and the County regarding the proposed use of this facility. In particular, the Department of Environmental Quality, who recently modified the facilities VPDES Permit (No. VA 0089010 with Modification Date of January 10, 2007 and Expiration Date of March 31, 2010) has evaluated the proposed use of the facility and expressed to staff that they foresee no reason why the CDA will not be able to operate within the parameters of their existing permit. The existing facility currently operates under a VPDES Permit and utilizes a zero discharge limit sewage lagoon. The permitted discharge to the lagoon is a rate of 1,600 gdp. Future options that may be available to the CDA include constructing an alternative waste water system on-site for their use that would meet current standards. The CDA has expressed a desire to ultimately connect to public water and sewer. However, this property falls well beyond the area in which public water and sewer is available by policy. The property is not located within the Urban Development Area or Sewer and Water Service Area. The Virginia Department of Health – Office of Drinking Water has outlined the qualifications for being classified as a public waterworks system that must have an Operations Permit issued by their Office. The CDA is aware of these requirements and have stated that they will not meet these minimum requirements. Should the CDA ultimately determine that they need to obtain an operations permit for a public waterworks system or improve their private water system, the Office of Drinking Water has offered several suggestions to assist the CDA. Staff contacted the local Health Department regarding the requirements for needing a restaurant permit. Based upon the CDA’s proposed approach to providing only off-site catering for larger groups and utilizing boxed lunches, light meals, and bottled water, it would appear as though a food or restaurant permit would not be required. This approach has resulted in the condition being proposed that only off-site catering will be allowed in conjunction with this conditional use permit. In general, the facility and site is well suited for the proposed use of a Spirituality Retreat Center. Several site improvements would be required to accommodate the proposed use including improved access to the site and an increase in the size of the parking area. A site development plan will be required to be completed prior to the use of this site. Staff has also suggested that the signage on the site be limited in order to maintain the character of the facility and to ensure that the facility continues to fit in with the surrounding neighborhood. STAFF CONCLUSIONS FOR THE 09/19/07 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: 1.All review agency comments shall be followed at all times. 2.An engineered site plan for the expansion of the parking area and access to the site shall be approved by Frederick County, and the improvements completed prior to starting this use. 3. No expansion of the existing building shall be permitted with this CUP. 4.The Resident Staff shall not exceed five (5) people living in the facility at any one time. 5. No transit user or guest will be permitted to stay longer than thirty (30) days. 6.The maximum number of guests allowed to use the facility at any one time shall be one hundred and sixty (160). 7.When required by the use of the facility, all federal, state, and local regulations applicable to public waterworks, wastewater disposal, and restaurant operation will be complied with at all times. 8.CDA will operate the facility to comply with VPDES Permit No. VA 0089010 with Modification Date of January 10, 2007 and Expiration Date of March 31, 2010 and further direction of the Commonwealth of Virginia Department of Environmental Quality. 9.Only off-site catering will be allowed in conjunction with this conditional use permit. 10.No more than one (1) entrance shall be permitted to access this property from Armel Road, Route 642. 11.No more than one (1) sign shall be permitted on this property. This sign shall be limited to 50 square feet in size and shall be a monument style sign. PLANNING COMMISSION SUMMARY & ACTION OF THE 09/19/07 MEETING: The applicant stated that a community meeting was held and was well-attended; a conceptual site plan was presented and input received from adjoining residents. The applicant said community residents did not actually favor evergreen screening along Armel Road, but instead preferred to see deciduous trees and flowers to enhance the appearance of the property and to provide an open view of the property. In addition, the adjoining property owners requested that the proposed trail systems do not get too close to the perimeter of the property line for privacy and safety reasons. One adjoining property owner spoke during the public comment portion of the meeting and expressed concern about the constant influx of people attending daily events, Monday through Friday. She was concerned about the capacity of area roads to handle the traffic or if the area could handle the volume of people. CUP #05-07, Spirituality Retreat Center October 1, 2007 Page 5 The applicant’s consultant stated that the proposed program submitted with the application attempts to show the maximum possible use of their facilities. The consultant said they are totally constrained and will be operating under their DEQ permit, as well as the limitations on the water plant. He predicted that on the average, there will be 20 people per day. Commission members commented that considering the alternative, this property provides a significant contribution to green space conservation. The Commission unanimously recommended approval with the conditions provided by the staff and clarified in Staff’s presentation, as follows: PLANNING COMMISSION RECOMMENDED CONDITIONS: 1.All review agency comments shall be followed at all times, as applicable. 2.An engineered site plan shall be approved by Frederick County, and the improvements completed prior to starting this use. 3. No expansion of the existing building shall be permitted with this CUP. Any expansion of the use or building would require a new CUP. 4.The Resident Staff shall not exceed five (5) people living in the facility at any one time. 5.No transit user or guest will be permitted to stay longer than thirty (30) days. 6.The maximum number of guests allowed to use the facility at any one time shall be one hundred and sixty (160). 7.When required by the use of the facility, all federal, state, and local regulations applicable to public waterworks, wastewater disposal, and restaurant operation will be complied with at all times. 8.CDA will operate the facility to comply with VPDES Permit No. VA 0089010 with Modification Date of January 10, 2007 and Expiration Date of March 31, 2010, and further direction of the Commonwealth of Virginia Department of Environmental Quality. 9.Only off-site food preparation from a permitted facility will be allowed in conjunction with this CUP; exclusive of resident staff. 10.No more than one (1) entrance shall be permitted to access this property from Armel Road, Route 642. 11.No more than one (1) sign shall be permitted on this property. This sign shall be limited to 50 square feet in size and shall be a monument style sign. (Note: Commissioners Mohn, Morris, and Triplett were absent from the meeting.) CUP #05-07, Spirituality Retreat Center October 1, 2007 Page 6 STAFF CONCLUSIONS FOR THE 10/10/07 BOARD OF SUPERVISORS MEETING: Should the Board of Supervisors find this use appropriate, Staff would recommend the following conditions as recommended by the Planning Commission: 1.All review agency comments shall be followed at all times, as applicable. 2.An engineered site plan shall be approved by Frederick County, and the improvements completed prior to starting this use. 3. No expansion of the existing building shall be permitted with this CUP. Any expansion of the use or building would require a new CUP. 4.The Resident Staff shall not exceed five (5) people living in the facility at any one time. 5. No transit user or guest will be permitted to stay longer than thirty (30) days. 6.The maximum number of guests allowed to use the facility at any one time shall be one hundred and sixty (160). 7.When required by the use of the facility, all federal, state, and local regulations applicable to public waterworks, wastewater disposal, and restaurant operation will be complied with at all times. 8.CDA will operate the facility to comply with VPDES Permit No. VA 0089010 with Modification Date of January 10, 2007 and Expiration Date of March 31, 2010 and further direction of the Commonwealth of Virginia Department of Environmental Quality. 9.Only off-site food preparation from a permitted facility will be allowed in conjunction with this CUP; exclusive of resident staff. 10.No more than one (1) entrance shall be permitted to access this property from Armel Road, Route 642. 11.No more than one (1) sign shall be permitted on this property. This sign shall be limited to 50 square feet in size and shall be a monument style sign. The existing Dundridge Farms sign is exempt from this condition. Following the required public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. CUP #05-07, Spirituality Retreat Center October 1, 2007 Page 7