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James Newman, Zoning Administrator DATE

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James Newman, Zoning Administrator DATE MEMORANDUM TO: Chairman Gantt and Planning Commissioners FROM: James Newman, Zoning Administrator DATE: August 7, 2019 for the August 14, 2019 meeting RE: SUP 2019-01 Catholic Student Center requests a Special Use Permit (SUP) for a religious institution (a rectory) at 1604 College Avenue/ GPIN 7779-64-4797 in a Residential-4 Zoning District (R4). This is an amendment to approved SUP 99-07 for a school/church facility at 1614 College Avenue/GPIN. ISSUE Should the Planning Commission recommend approval of the proposed special use permit for a religious institution? 1604 College Avenue highlighted in red 2 RECOMMENDATION Recommend to the City Council approval of the SUP subject to the following conditions: 1. The rectory shall be used by a priest who works with Catholic ministry associated with the University of Mary Washington. Housing in the rectory shall be solely for the priest. 2. The property shall be developed in substantial accordance with the Generalized Development Plan, entitled “Special Use Permit Generalized Development Plan for Catholic Student Center,” by Legacy Engineering dated July 25, 2019 3. GPIN parcel 7779-64-4797 shall remain a separate subdivided residential lot or parcel of land, and shall not be consolidated with the other parcel(s) on which this use is conducted. 4. The landowner shall not expand the existing residential building. 5. The front yard of this corner lot shall not be paved, and will be left as open space, except as shown on the GDP. 6. The 1604 College Avenue property may be used for small group activities or meetings with up to twenty participants (not including the resident of the home), but group activities or meetings with over twenty participants shall not take place on this property. 7. The use shall commence within 24 months of the date of adoption of this resolution. The use is permitted only so long as it continues and is not discontinued for more than 24 months. NEIGHBORHOOD COMMENTS Staff has received five written public comments for this item, all from before the original July 10th meeting; those comments are included as attachments. Staff also met with the College Heights Civic Association on May 15th to discuss the proposal. The College Heights Civic Association President Meredith Beckett has requested that the Commission continue the public hearing and postpone action to the Commission August 14th meeting so that residents and the Association Board have more time to consider the proposal. PRIOR PLANNING COMMISSION MEETING This item was previously heard by the Planning Commission on July 10, 2019. At that meeting several citizens spoke. Two spoke in favor and four spoke against. Those in favor spoke about how the Diocese had been a good neighbor. Those opposed had concerns about the lot line vacation and the ability of the residence at 1604 College Ave to be sold if the lots were combined. The applicant has responded to community concerns by agreeing to a condition that would keep the rectory parcel separate from the Student Center parcel. The College Heights Civic Association requested a postponement of the Planning Commission’s decision until August 14th, so as to allow more time for the applicant to address community concerns. The Planning Commission unanimously voted to postpone making a decision until their August 14th meeting so as to allow the applicant time to amend their proposal. As part of that response, the applicant has updated their General Development Plan. GENERAL BACKGROUND The Bishop of the Catholic Diocese of Arlington owns both 1604 and 1614 College Avenue. The applicant proposes to use the property at 1604 as a rectory, which is allowed via the special use permit process in the R4 Zoning District. The property at 1614 is used as a Catholic Student Center, which 3 was approved by Special Use Permit 99-07 on August 10, 1999. SUP 99-07 was previously amended by Council Resolution 18-16 (a copy of which is attached), which allowed the expansion of the Student Center parking lot onto 1616 College Avenue. The requested Special Use Permit is an amendment to SUP 99-07. Including the request for a rectory as an amendment to the SUP for the existing Catholic Student Center keeps all the conditions from previous approval brought together into one document, rather than having several separate approvals governing the property. Per the City’s Geographic Information System (GIS) website, the house at 1614 College Avenue was built in 1949. The building footprint area is approximately 3,106 sq. ft. The applicant proposes slight external changes (adding a ramp and changing the rear landing), and will be modifying the interior. The upstairs will be the priest’s quarters with a bedroom, kitchen, bathroom, study, and guest room. The main level will have a separate kitchen, as well as office and meeting space. Surrounding uses include: the Catholic Student Center, The University of Mary Washington, and private homes. The Center for Faith and Leadership, a Baptist affiliated Student Center, is located one block south at 1514 College Avenue. The Jewish Student Center (the Hillel Center) is located at 1500 College Avenue. The nearest residential use is behind the property at 1406 Caroline Street, and across the street at 1209 Parcell Street. The applicant states that office hours will be 7AM-7PM, with the number of employees listed at five (5). The anticipated number of ‘patrons or clients’ is listed on the application as ‘variable but no more than 20 per day’. GENERAL DEVELOPMENT PLAN The applicant has submitted a General Development Plan (GDP). The GDP shows the rectory as being located on a separate parcel from the Student Center. The plan shows no parking paving in the front yard. There are no extensions to the driveway. The only exterior additions to the structure are slight expansion of the rear landing and the addition of a handicap accessible ramp. Part of the existing wooden fence and a concrete retaining wall will be removed to allow for pedestrian access between the rectory and Student Center. SPECIAL USE PERMIT ANALYSIS Special Use Permits go with the property indefinitely per Virginia Code, regardless of ownership. They are evaluated according to the criteria contained in the UDO, Section 72-22.6, as follows: (1) The proposed special use at a specified location shall be: (a) In harmony with the adopted Comprehensive Plan; The property lies within Land Use Planning Area 5: University/Route 1 Central. The future land use map in the Comprehensive Plan designates this property as Low Density Residential. This category provides for “residential development at four units per acre is generally a conventional subdivision. Some parts of the City are zoned for two units per acres, but these districts are typically rezoned to a higher density so they can be developed in a manner more appropriate to an urban location. Where the land has historic resources and/or attractive natural features, the City encourage innovative layouts and clustering, to retain attractive open space and to protect sensitive lands.” 4 The relevant Opportunities listed for Land Use Planning Area 5 include (on page 11(5)-1): - Promote mixed-use development along the U.S. Route 1 Bypass and William Street corridors. - Protect established residential neighborhoods from existing and proposed commercial development, through transitional uses and design standards that minimize adverse impacts. - Continue to work with the University of Mary Washington to reduce adverse impacts to surrounding neighbor- hoods, such as under-age drinking, parking impacts and overcrowded rental units. (b) In harmony with the purpose and intent of the zoning district regulations; The purpose of the Residential-4 (R4) District is “to provide for single-family detached dwellings in both developed and undeveloped areas of the City at densities of up to four units per acre. The district also allows selected uses which are compatible with the medium density residential character of the district and to implement the stated purposes and intent of the Comprehensive Plan. Cluster-style development configured in accordance with the standards in § 72-51.4, Cluster subdivisions, is permitted.” The use of a religious institution is permitted via the Special Use Permit process; the Catholic student at the adjacent 1614 College Avenue property was approved with a Special Use permit in August 1999. (c) In harmony with the existing uses or planned uses of neighboring properties. Permitting a rectory will protect established residential neighborhoods by ensuring the property remains a transitional use between purely residential, and purely non-residential uses. The neighborhood is already home to a Catholic Student Center, a Baptist affiliated Center for Faith and Leadership, a Jewish Hillel Center, and part of the University of Mary Washington. In considering an application for a Special Use Permit, the Planning Commission and City Council shall consider potential adverse impacts including: 1. Traffic or parking congestion; This corner lot site is situated on and has access from College Avenue, which is a major collector street, and Parcell Street, which is a local street. The property has a driveway with space for two cars. The adjacent Student Center has sixteen parking spaces. There are two on- street parking spaces on College Avenue in front of the house which are limited for ‘2 Hour Parking 7AM-7PM Monday – Friday except by permit.’ There is also on-street parking on Parcell Street which is limited to ‘Resident Permit Parking 7AM-7PM Monday-Friday’. Day–to-day parking will involve the priest who lives in the house and uses it as his office, and the office support staff who work on the main floor, as well as parking for patrons. The applicant states that the number of employees will be five (5), and the anticipated number of ‘patrons or clients’ as variable, with no more than 20 at any one time.
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