HomeMy WebLinkAboutSP200400017 Staff Report Special Use Permit 2004-07-13STAFF PERSON:
PLANNING COMMISSION DATE:
BOARD OF SUPERVISORS DATE:
MARGARET DOHERTY
July 13, 2004
August 4, 2004
SP 2004-016 FOREST LAKES NORTH SWIM & TENNIS CLUB
SP 2004-017 FOREST LAKES SOUTH SWIM & TENNIS CLUB
Applicant's Proposal:
The Applicant, Forest Lakes Associates, requests that the existing swim and tennis clubs of both
Forest Lakes North and Forest Lakes South be allowed to be used by all Forest Lakes Associates
developments, including: Springridge, Pine Ridge, Lanford Hills, Steeplechase, Amberfield,
Cove Pointe, Edgewater, Gateway, Worthcrossing, Chelsea, Arbor Lake, Waterford, Watercrest,
Copperknoll, Echo Ridge, Ridgefield, Poplar Ridge, Heather Glen, Whispering Woods,
Timberwood, Timber Pointe and Autumn Woods, and future developments within Forest Lakes.
The Zoning Department made a finding that the existing clubs do not qualify as "non-
commercial" because both facilities are open only to the residents of the neighborhoods,
therefore, special permits are required to expand the membership. It is not accessory to that
development. Section 20.4.2.1 allows commercial/service uses by special permit that are
permitted by special permit in Section 22, C-1. Section 22.2.2.6 permits uses by special permit in
the C-1 district that are allowed by special permit in the R-15 district. Section 18.2.2.4 permits
swim, golf, tennis or similar athletic facilities by special permit in the R-15 district.
Project Description:
Request for special use permit to allow all Forest Lakes Associates developments within the
Forest Lakes North and Forest Lakes South neighborhoods to use the swim and tennis club
facilities of either neighborhood in accordance with Sections 5.1.2, 5.1.16, 15.2.2.4, 18.2.2.4,
20.4.2.1, and 22.2.2.6 of the Zoning Ordinance which allow for swim, golf, tennis and similar
facilities. The properties, described as Tax Map 46133 Parcel B (8.559 acres, zoned R-4
(Residential) and Tax Map 46135 Parcel 1B (6.552 acres, zoned PUD (Planned Unit
Development) are located at 1824 Timberwood Boulevard (Route 172 1) in the Forest Lakes
North development, and 1650 Ashwood Boulevard (Route 1670) in the Forest Lakes South
development, respectively. Both properties are located within the Rivanna Magisterial District
and are designated in the Comprehensive Plan as Neighborhood Density in the Community of
Hollymead.
Character of the Area:
The surrounding area consists of existing mature residential and mixed-use neighborhoods in
which the private clubs are embedded.
Recommendation:
Staff recommends approval.
Zoning and Subdivision History:
Each club was approved as accessory to the original developments. Forest Lakes North was a
by -right subdivision approved in the mid 1980s and Forest Lakes South is a Planned Unit
Development approved in the early 1990s. The specific site plans for the swim and tennis clubs
are SDP -93-12 (Forest Lakes North) and SDP -95-43 (Forest Lakes South).
Comprehensive Plan:
The Comprehensive Plan designates this area for Neighborhood Density in the Hollymead
Community. The 1996 Comprehensive Plan, Land Use Plan does not make any
recommendations relevant to this request. However, the Land Use Plan does speak to the
promotion of neighborhood services, like recreational amenities, being provided by the private
sector to greater densities within the Development Area, making the Development Areas an
attractive place to live, thereby reducing pressure on the Rural Areas.
The Neighborhood Model
The Neighborhood Model, an adopted part of the Comprehensive Plan, sets forth twelve
principles for evaluating development proposals within the Development Area. The
Neighborhood Model principle most strongly reflected by this proposal is Neighborhood Centers.
The Forest Lakes swim and tennis clubs will serve as a neighborhood center of sorts for the
residents living in all the Forest Lakes Associates neighborhoods, who choose to become
members. No new buildings or parking are proposed with this special permit application, and
no changes to the site are necessary for this use. Both have pedestrian access from surrounding
communities. For these reasons, the remaining principles of the Neighborhood Model do not
appear to be applicable to this analysis.
Zoning Ordinance:
The Board of Supervisors hereby reserves unto itself the right to issue all special use permits
permitted hereunder. Special use permits for uses as provided in this ordinance may be issued
upon a finding by the Board of Supervisors ...
that such use will not be of substantial detriment to adjacent property
Allowing all residents in Forest Lakes Associates developments to use both of the existing swim
and tennis facilities should have no impact on adjacent properties as the rules which govern the
day to day operations (hours, # of persons, etc.) are not proposed to change.
and that such use will be in harmony with the purpose and intent of this ordinance,
The zoning districts are R-4 (Forest Lakes North) and PUD (Forest Lakes South). Within the
intent section of the R-4 district is the provision of development amenities while the PUD intent
section speaks to the creation of neighborhoods which support the residential uses.
with the uses permitted by right in the district,
The uses permitted by right in the districts includes a wide range of residential and supporting
uses, which will be in harmony with the expanded membership.
with additional regulations provided in Section 5.0 of this ordinance,
Section 5.1.15, states the following:
Each swimming, golf or tennis club shall be subject to thefollowing:
a. The swimming pool, including the apron, filtering and pumping equipment, and any
buildings, shall be at least seventy-five (75) feet from the nearest property line and at
2
least one hundred twenty-five (125) feet from any existing dwelling on an adjoining
property, except that, where the lot upon which it is located abuts land in a commercial
or industrial district, the pool may be constructed no less than twenty-five (25) feet from
the nearest property line of such land in a commercial or industrial district;
No change is proposed to the site.
b. When the lot on which any such pool is located abuts the rear or side line of, or is
across the street from, any residential district, a substantial, sightly wall, fence, or
shrubbery shall be erected or planted, so as to screen effectively said pool from view
from the nearest property in such residential district;
No change is proposed to the site.
c. repealed (6-14-00).
d. The board of supervisors may, for the protection of the health, safety, morals and
general welfare of the community, require such additional conditions as it deems
necessary, including but not limited to provisions for additional fencing and/or planting
or other landscaping, additional setback from property lines, additional parking space,
location and arrangement of lighting, and other reasonable requirements;
Staff has reviewed the site for deficiencies, and has found none, therefore, staff does not
recommend any additional conditions.
e. Provision for concessions for the serving of food, refreshments or entertainment for
club members and guests may be permitted under special use permit procedures.
No change to the current use is proposed.
and with the public health, safety and general welfare.
The ability to share these facilities among the neighborhoods within the larger Forest Lakes
development could foster a greater sense of community which can benefit the general welfare of
the Hollymead Community.
Summary
Staff has identified the following factor, which is favorable to this rezoning request:
■ The expanded use of these recreational amenities makes them available to a wider group
of Development Area residents.
Staff has not identified any factors which are unfavorable to this request.
RECOMMENDATION: Staff finds that no adverse impacts to other uses on the site or
adjacent properties will occur as a result of the expanded use of the Forest Lakes North and
Forest Lakes South swim and tennis clubs, therefore, staff recommends approval of SP 2004-16
and SP -2004-17, with the following condition, for each:
The use, as approved, shall be limited to the residents and guests of the following
developments: Springridge, Pine Ridge, Lanford Hills, Steeplechase, Amberfield, Cove
Pointe, Edgewater, Gateway, Worthcrossing, Chelsea, Arbor Lake, Waterford,
kl
Watercrest, Copperknoll, Echo Ridge, Ridgefield, Poplar Ridge, Heather Glen,
Whispering Woods, Timberwood, Timber Pointe and Autumn Woods and any future
contiguous Forest Lakes Associates developments.
ATTACHMENTS:
A — Locator Maps
B — Applications
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FOREST LAKES SWIM &TENNIS CLUBS of
Prepared Gyabem d cpaMr SP-2004-16, SP-2004-17 m,a�;. r _t .�
Office of Geographic Oats Servkes(GOS} 4a.° —
Map created raaaary zpoa 0 380 760 1,140 yV. />�
Note The map elements depkled ere prep�k represenlalians end l J
era not b be construed p/uaed as a legal Oescdplkn.
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SP#ICE SE O —Q ! /' O E_3 -0 0 - Oa ATTACHMENT B
11 TMP O `�'
Sign# i{ / n
(�<./ �' Magisterial District: RI V Q;h'(/l.� Staff: Date:
Application for Special Use Permit
Please See the List at the bottom of page 4 for the Appropriate Fee
(staff will assist you with this item) t
Project Name(how should we refer to this application?): Fprre-A- L0.Kt s N Or-�'1 '/n
�T�tn,nl� Club
*Existing Use: {7��(q G (.� S�Ktrop CedUs T 7teAg ol2 S(/'-tr 74 Poir a4:5
/D Proposed Use: ra P 1 . .1
*Zoning District: ^y -If��j
A-IA Zoning Ordinance Sect4441
ion number requested:(*staff will assist you with this item)
15.2. 2 1 .e
Number of acres to be covered by Special Use Permit(if a portion it must be delineated on a plat): 8 . S59 1 s J J
Is this an amendment to an existing Special Use Permit?
Are you submitting a preliminary site plan with this application? El YES L70
❑YES �NO
Contact Person(Who should we call/write concerning this project?) Lori M ei rt i I
Address p.0. a o% b'ZQ, City �� 1_ _ - � &j i''C State�_
-�►'�.11/� Zip •L'Lci OS
Daytime Phone(4) enci-%oo x 19 Fax# q"1°1• oc6S E-mail Lt Osh-cl l 9�- e. .essIeY .cot.,
Owner of Record/fit 64 La.k-e.S �S oe-t Sirs J
Address . 0 .acX 520-1 City CVAt.J/ lO ti's i n ICState CJA Zip
Daytime Phone( ) Fax# E-mail
Applicant(Who is the Contact person representing? Who is requesting the rezoning?): _. tIce C )cn U ^ , I C
Address �. O_ (� SZ�1 / - l L�"`f
City L.ir a IO 14cso i 11e State _Zip,).2gQ5
Daytime Phone( ) — Fax# — E-mail
Tax map and p rcel: 1(p g 3 rP Lj
Physical Street Address (if assigned): 1S2,y Tivy‘lacm.3und '1Yd .
Location of property(landmarks, intersections,or other): R eer 0 y j r o .,�(Li I M t)
j r14(.rse c-41 or\ n c• Z 0 cl$-t_, Z C G Qn 1-�-�-�- -Fvom `�..
and Ttf.-,br.�-t„��d K1v(4 .
Does the owner of this property own(or have any ownership interest in)any abutting property? If yes,please list those tax map and parcel numbers
OFFICE U E LY / /� �
Fee amount S Date Paid g heck#�! Who? �
o4:'ceipt# :
History: �`'�'���
❑ Special Use Permits: 7L 7 AA,vicI 0 ZMAs&Proffers:
❑ Variances: RI
12r1:etter of Authorization
* 1°/k
Concurrent review of Site Development Plan? YES ❑NO
County of Albemarle Department of Building Code & Zoning Services
401 McIntire Road Charlottesville, VA 22902 Voice: (434)296-5832 Fax: (434) 972-4126
12/1/02 Page 1 of 4
Section 31.2.4.1 of the Albemarle County Zoning Ordinance states that, "The board of supervisors hereby
reserves unto itself the right to issue all special use permits permitted hereunder. Special use permits for
uses as provided in this ordinance may be issued upon a finding by the board of supervisors that such use
will not be of substantial detriment to adjacent property, that the character of the district will not be
changed thereby and that such use will be in harmony with the purpose and intent of this ordinance, with
the uses permitted by right in the district, with additional regulations provided in section 5.0 of this
ordinance, and with the public health, safety and general welfare."
The items that follow will be reviewed by the staff in their analysis of your request. Please complete this
form and provide additional information which will assist the County in its review of you request. If you
need assistance filling out these items, staff is available.
What is the Comprehensive Plan designation for this property? }� t py�r rr r1 CO�,yt m n
' J
How will the proposed special use affect adjacent property? _-i- c.o; i\ a.(l O W •{-h .. Col 1 o W I/1
uce, oC --I "Ports-1• Lakts N o►14h -rcr I; .1-itc 6n . d
• c.1 f a Sou 4? U . fl.
ab
v�o P�-c n-4 b T-orts4- tom,►r-e. A s so c r c -�-cs Y g u
How will the proposed specs use affect the character of the district(s)surrounding the property?
a w 1 1 1'104- Q (c C..'+".
iuw is the use in harmony with the purpose and intent of the Zoning Ordinance?
1"►ov1d-GS d<e 0,-111-cn1 tS ( S<c>kor 1S . 1
How is the use in h mony with the uses permitted by right in the dis ct?
What additional regulations provided in Section 5.0 of the Zoning Ordinanre apply to this use?
5cc+-i ors �, I • ) L, 5wimrn ni ,e-,til-c T-cnniS _C uJn
How will this use promote the public health,safety,and general welfare of the community?
v.,; ► I h-i n 5 1 [_a-,rb r rvm ; L a Cr r dpra tCe_
Go -4-{o cat)
12/1/02 Page 2 of4
Describe your request in detail and include all pertinent information such as the number of persons involved in
the use, operating hours, and any unique features of the use:To ou 1,h . n1-f Y b]rV,h;?
or •
Co l v1 i
a r ct S o�.c , �; 1;-1-1 d l c S S cLC uthm ck Cl►s-1-r c-+
rn ►rtS► (Its in t CAh rn i 4 1( is--c'r1
p
rtsi ckn-45 Tnr.c s+ L.k-cs Sou.--tr, , 5prAnciir►c , lath-C rd Vk+1\5 Pi od.
dc v.r.A - { r
ocs . �,rs.} v��OG�h�
ATTACHMENTS {s� l.aK-c s Assa akc
QUIRED—provide two (2) copies of each l�l{ S 3s�
❑ 1. Recorded plat or boundary survey of the property requested for the rezoning. If there is no
recorded plat or boundary survey, please provide legal description of the property and the Deed Book
and page number or Plat Book and page number.
Note: If you are requesting a rezoning for a portion of the property, it needs to be described or
delineation on a copy of the plat or surveyed drawing.
❑ 2. Ownership information—If ownership of the property is in the name of any type of legal entity or
organization including, but not limited to, the name of a corporation, partnership or association, or in
the name of a trust, or in a fictitious name, a document acceptable to the County must be submitted
certifying that the person signing below has the authority to do so.
If the applicant is a contract purchaser, a document acceptable to the County must be submitted
containing the owner's written consent to the application.
If the applicant is the agent of the owner, a document acceptable to the County must be submitted that
is evidence of the existence and scope of the agency.
OPTIONAL ATTACHMENTS:
❑ 3. Drawings or conceptual plans, if any.
❑ 4. Additional Information, if any.
Owner/Applicant Must Read and Sign
I hereby certify that I own the subject property,or have the legal power to act on behalf of the owner in filing this application.
I also certify that the information provided on this application and accompanying information is accurate,true,and correct to
the best o/Joy knowledge.
AlY
9 2004
Signatur of Owner, Contract Purchaser,Agent Date
` c ,n tRUrN lc, Owr r- 434-9-1q-95oo x 11
Print Name Daytime phone number of Signatory
12/1/02 Page 3 of 4
sr#
78----7f1/J/ TMP Q icl p f i _� Q_ p 0 0 `
Sign# Magisterial District: U
�n Staff: ,i/ Date:
Application for Special Use Permit - -
P
Please See the List at the bottom of page 4 for the Appropriate Fee
(staff will assist you with this item)
Project Name(how should we refer to this application?): f ' c 4- 1-0,1C<S S ou4-h ilY1 os-, tS club
Cl-{-G Proposed U I 9 I{ +e u.t t t or. S t w*,/4 r c ,q /e/r C rct/d yic
*Existing Use: Y Use:
�p / Est-,,t-p-7-
*Zoning District: 1 �Q Zoning Ordinance Section number requested:
(*staff will assist you with this item)
2,, ,4. .L.ij 22, 2. Z . G/ Ig, 2, L . •4 2, . 5, /. 1
Number of acres to be covered by Special Use Permit(if a portion it must be delineated on a plat): (Si •552
Is this an amendment to an existing Special Use Permit? 0 YES ItiNO
Are you submitting a preliminary site plan with this application? ❑YES 17e- O
Contact Person(Who should we call/write concerning this project?): LOY i M e. -y,�,i 1 ,I I
Q
Address %, . 1.)nx 52 1
City ON(..v t o 4•{SU i ottate O.A zip ZZ 9 0
Daytime Phone(tag q 9 -ci, 00xici Fax# q 1q-6055 E-mail 11111 C1 S art 1.1( ) T LKc SSkvElwVp•(o✓t-
Owner of Record tarts 1..L key �SSo c_4 cAi cS/
Address p,b. oy 52 0-1 City C 'kck..0O t kSv t 1 I C State Le% Zip 2Z o B
Daytime Phone( ) Fax# E-mail
Applicant(Who is the Contact person representing? Who is requesting the rezoning?): Ft )+'CS'\- Lake 5 PeSSO a Cti—CS
Address P,a goy 52 er7 City Cltit..l'ler1-4 0 I I(.State 1/ A Zip 1253105
Daytime Phone( ) Fax# E-mail
Tax map and parcel: TAX M 0.p LI(P 6 c Pa y-cd 1
Physical Street Address(if assigned): ,(erjO t,D OO C1 1‘./d , (l�, „,/1 o\. , u i 1 I{ ' OA �q 1 1
Lwatron of property(landmarks,intersections,o other):Cir `� - ytM fn {fT�
ROl)k, A and PtU1n Li- 0 01 'NVd •
Does the owner of this property own(or have any ownership interest in)any abutting property? If yes,please list those tax map and parcel numbers
OFFICE U. • i Y
Fee amount 'Mr „Li
Date Paid Check# /i /1 gi y Who? a.fC _ kiketAk/Receipt 4-r'��- #�(/"' EY:
❑ Special
History:use Permits: Q / l.S p ZMAs Sc Proffers:
❑ Variances: Ia.-letter of Authorization
&)Concurrent review of Site Development Plan? YES El NO
County of Albemarle Department of Building Code & Zoning Se ices
401 McIntire Road Charlottesville,VA 22902 Voice: (434)296-5832 Fax: (434) 972-4126
12/1/02 Page 1 of 4
y
Section 31.2.4.1 of the Albemarle County Zoning Ordinance states that, "The board of supervisors hereby
reserves unto itself the right to issue all special use permits permitted hereunder. Special use permits for
uses as provided in this ordinance may be issued upon a finding by the board of supervisors that such use
will not be of substantial detriment to adjacent property, that the character of the district will not be
changed thereby and that such use will be in harmony with the purpose and intent of this ordinance, with
the uses permitted by right in the district, with additional regulations provided in section 5.0 of this
ordinance, and with the public health, safety and general welfare."
The items that follow will be reviewed by the staff in their analysis of your request. Please complete this
form and provide additional information which will assist the County in its review of you request. If you
need assistance filling out these items, staff is available.
What is the Comprehensive Plan designation for this property? ��{rn{ (►pm m Un
How will the proposed special use affect adjacent property?iprouih t'�c.mbctrshi L �� (i, ) �4
wits ?rov+de. -N�e, �ollo��n ,�t91Abor l(sod5 Just. of -Wit, e-orts Lakes sc)
Pot^kr,Edg�,�,-�o. r, moo , LOor-4hcrossInc� cjvjsca bcv�c1d
W akru-ct;� , A�'bo��lc�Y-�
c a. LdK t s ),., p o va o I t �c t o R:cl ,e icl,j1=pcf P a.✓
How wi e propore�special use affect tie harca'a c?f the distract s r � 'the ro e t eb l•t}�
g P P m0 /r)/ c
T-1 will I.\ a CC-ijdc4-.
ow is the use in harmony with the purpose and intent of the Zoning Ordinance?
Imo do s 0. use.. 1 n addA 4-1 orb -ice -t' €. re s i d.cnkt al uses
Al) So ppo✓}- -11 L br s d•c rt k I OJ t,tCC.S
How is the use in harmony with the uses permitted by right in the district?
c rv.‘4 Cie? a rt.cx-c-&k a r\a,1 c k,; l; 1 n s u o
r�S1 d a.1 lucks .
What additional regulations provided in Section 5.0 of the Zoning Ordinance apply to this use?
6c.c.- t Qr\ S• l . 1C, Sc trv'ry in4 , Golf" tT- .r nis
How will this use promote the public health,safety,and general welfare of the community?
T-4- L ) 1\ Syi n 3 \( -M zT) C.fln-car C-\i `hn z, CA.CCX pi-r d ?a 64 ce.
S
No%44\ if3JACJ � u4'1n -Cci_e) 1;Alt S
12/1/02 Page 2 of 4
• - Describe your request in detail and include all pertinent information such as the number of persons involved in
the use, operating hours,and any unique features of the use:To 0.UU nw - h m ,Skip o•c-
tk c.. c 4 Irv, c.r. T- •c t'1 .L. c bob-1�, a ' vimck kc
e►ry 1\)stocvi., o I + -cs ri rd ltss r c c,.�n'�c..lr diS•4Yi c+ - matAi - ((ski(
►n . 'I1nL clsdo crA•c ch p Ls-ury l t (93 5 m tvc ;Qs) ;S 2 v i boa
-fit) its i ck s -Frnice-A 1 th c S o u4Nn S t n Ma 1 arnGrd 1.\-i 1\4 ►r,r�
dco.xe..A o w,-c .4 t� art- L,c�k-es bS o c.t
ATTACHMENTS REQUIRED—provide two(2) copies of each
• 1. Recorded plat or boundary survey of the property requested for the rezoning. If there is no
recorded plat or boundary survey,please provide legal description of the property and the Deed Book
and page number or Plat Book and page number.
Note: If you are requesting a rezoning for a portion of the property, it needs to be described or
delineation on a copy of the plat or surveyed drawing.
❑ 2. Ownership information—If ownership of the property is in the name of any type of legal entity or
organization including,but not limited to,the name of a corporation,partnership or association, or in
the name of a trust, or in a fictitious name,a document acceptable to the County must be submitted
certifying that the person signing below has the authority to do so.
If the applicant is a contract purchaser,a document acceptable to the County must be submitted
containing the owner's written consent to the application.
If the applicant is the agent of the owner, a document acceptable to the County must be submitted that
is evidence of the existence and scope of the agency.
OPTIONAL ATTACHMENTS:
❑ 3. Drawings or conceptual plans, if any.
❑ 4. Additional Information,if any.
Owner/Applicant Must Read and Sign
I hereby certify that I own the subject property,or have the legal power to act on behalf of the owner in filing this application.
I also certify that the information provided on this application and accompanying information is accurate,true,and correct to
the best ,f my knowledge.
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Peelda AVri VA
igna 1,, of Owner,Contract Purchaser,Agent Date
54e ,e,r, RunK ownw- 43(4 •Rig • q%aa x
Print Na&e Daytime phone number of Signatory
12/1/02 Page 3 of 4
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