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HomeMy WebLinkAboutSP200400016 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, Edg�r, Gateway, Worthcrossing, Chelsea, Arbor Lake, Waterford, HA"\-- LajejTh Q01/444/1 3 Watercrest, Copperknoll, Echo Ridge, Ridgefield, Poplar Ridge, Heather Glen, Whispering Woods, Timberwood, Timber Pointe and Autumn Woods and any future contiguous Forest Lakes Associates developmentst- 100 ATTACHMENTS: A—Locator Maps B—Applications 4 414 •. , : ''\ C:1--‘'' ''`-. ----' ' ii-, .., '44's 46-5 /' 32-42P ' '40...... /Aftlis 411444%%.*FA Vlig 's : -.., �� e � ��� A �® 9. --.:...‘ .",'•' ‘- /;, , : 4,4 %e •,� '� `er �® �' -�6 :'.;,i � rf s�e �. ; — . i. >, / :, ,. !\ - < Oa (47 ► ,_ _ ` . 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ATTACHMENTB Sign# Y VIVIagisterial District: / `�i/�,�•�� Staff: Date: Application for Special Use Permit4(4i Please See the List at the bottom of page 4 for the Appropriate Fee (staff will assist you with this item) l�`m Project Name(how should we refer to this application?): c r( - Late. No('7 �T-tn,nis Club *Existing Use: ?r: CtLL ,, S�c' im U , T �l�rJ o12 St t`ttc�rC I�fJGtcr(1tS '-'"v Proposed Use: kr- *Zoning District: i (A Zoning Ordinance Section numb requested: 411'(*staff will assist you with this item) lS.Z . 2 , �- lief Number of acres to be covered by Special Use Permit(if a portion it must be delineated on a plat): �55 9 Is this an amendment to an existing Special Use Permit? Are you submitting a preliminary site plan with this application? El YES (�N El YES E(NO O Contact Person(Who should we calUwrite concerning this project?): Loci M ci Yt.l I Address p.Q. Boy b'2,O-1 City UhCi.1/I04tS.11 t State Zip ZZc)05 Daytime Phone( ) (?(1q•qOO XIq Fax# (yr%• Q)dss E-mail I O SAY 4 SS ICA(q .Grin Owner of Record Address . 0 ,?>0)( City e_t 1Ct4 l0 lkso i icstate , Zip 729 o S Daytime Phone( ) Fax# — E-mail Applicant(Who is the Contact person representing? Who is requesting the rezoning?):lj .r LciKeS Address �. O. � L SZC.S1 / �Sn��S City .YtGW 10 O i lle State_UAL_Zip,.,Zg0tj Daytime Phone( ) — Fax# E-mail Tax map and p rcelT L (p 3 ayccj Physical Street Address(if assigned): %SZ,t..l ' iN cI • Location of property(landmarks, intersections,or other): Repf Q X i rY'LA1,1„ I rvN 1(1-krse c-4-1 ovN of fZooA-c, Z° arta TievlbcruZUpd I K!Yei • O'er' 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 ELY �� Fee amount$ Date Paid eck# Whop //// ceipt#� / /I History: ID Special Use Permits: �,y jC ❑ ZMAs&Proffers: ❑ Variances. �� �7 Letter of Authorization n Concurrent review of Site Development Plan? �YES El NO ('L ' tf l/11/A�l�-/ 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? ' J How will the proposed special use affect adjacent property? T4 - LAD; 1\ A.t 1 Q c 441,e. t-o I l o to i r1 uc `i Fnrts4 Lakes N o4h -ia c I; 4-is n ) c. of Rid Sou P. U . D. vtA the Proon �Orts4' -05 .A'ssOGlq-k{sHow proposed speci use affect the character of the district(s)surrounding the property? Z-1- (A31 11 not- Q (re c.+. 1w is the use in harmony with the purpose and intent of the Zoning Ordinance? vp v t ck s d c,v eA o .r- ct.rn-ery i S-CcA-r o r 1 S . H w is the use in harmony with the uses permitted by right in the district?. rout d e, clort to?rf,cin-} amen n i 41{s Ltd cj ciba4-2 . What additional regulations provided in Section 5.0 of the Zoning Ordinance apply to this use? 5cci-iorl 5 . I . 1 to 5wimmino rC-,old T-e,nnis C1uic-, _ How will this use promote the public health, safety,and general welfare of the community? hr i n q i n-}-p LgcQ✓m i 1-t.� -Hoe_ Q L( 3rr ci di c J 0 in J So a4-h cat) l i-hts 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 4a ou 4'h. .i? or CO( k l v1i a_e a s ate cC k:4-1 e S csardlts S etc (Alm cir‘ c-1- ` - rn-txAk1y rf S i (1-es C ALLk rnt.,mb h i I t rn �-.r�� P S 40 dtNtt two- �o", -�rts� l.o.K.cs 5 ATTACHMENTS REQUIRED—provide two (2) pies of each ��} �� � p S• 3sM ❑ 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 ff+ y knowledge. Pyiel Signatur of Owner, Contract Purchaser,Agent Date (9 7 6GchcteN RLnr.lc., OwnLr 434-91ei•9Soo Print Name Daytime phone number of Signatory 1211/02 Page 3 of 4 . sr# c;;,•1. f) 8, i/ / TMP _0 la �-J 5-0 ..Q- p 0 0 Sign# J Magisterial District: j Veen Staff: Date: Application for Special Use Permit -e, Please See the List at the bottom of page 4 for the Appropriate Fee (stiff will assist you with this item) Project Name(how should we refer to this application?): for< Lak<S E,ou.0h 6k.A3 NYl aiNcl T rin is C.. Lt,l0 *Existing Use: illCL k, C,l,<d.{j (Swim, -/ /f, 4.elAAtIS 4,r S i ._ 1.� a fti/e 7C fact fib Proposed Use: '.-'-'+''av+.r' 1 *Zoning District: i V p Zoning Ordinance Section number requested: (*staff will assist you with this item) 2° .k .L.lj 2 2. 2.. Z . G) I?, 2. 2 . . 2,f. S, /. 1 Number of acres to be covered by Special Use Permit(if a portion it must be delineated on a plat): (0 •55Z Is this an amendment to an existing Special Use Permit? ❑YES Ef NO Are you submitting a preliminary site plan with this application? ❑YES Er 0 Contact Person(Who should we ccalUwrite concerning this project): LOY 1 M�mot)StY..I 1 Address ?,(), V QX 52cri City (� l l0 4'<S.i ktate 'J AZip ZZ 9 Q Daytime Phone(i.[j1.4 C119 •U 00 xICI Fax# gig-go,6 E-mail LOCI S Ay(l(`9 ilicKcSSIevE1VcA)p-(06 Owner of Record tCa,Sk I.-0- LS ill- SO(.4 C.ArCS/ Address 9.0. ( ( 62 0-1 City C ,(/t 0 Sl)1 1 1 G State v+Pt Zip ZZga B Daytime Phone( ) --- Fax# --' E-mail — `` Qk 1� Applicant(Who is the Contact person representing? Who is requesting the rezoning?): /���tST e SASSOC) pn p Ci a.�-C.� Address?,0 )( 52 Cfl City &viir l �t I It.State �/ 1� Zip 2 05 Daytime Phone( ) Fax# E-mail Tax map and parcel: TOtX MM.-) y(.0 6 C, PG rid 1 Physical Street Address(if assigned): ,(OSC) AS ,W OO CI o t vd , C 0\C U!II{, OA �a 1 l Ltoa , ��1 1 iron of property(landmarks,intersections,o other): ,���j�/YtG tl I MI l� -t'Y�rY1 Ln j fy`C{ {ram Or Roo 4-c2A and R51,�ond 134Ua . 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 'Or `fir Date Paid / f��� _'_ 1 �I"�`" may: Check /���yt]y�? kik Receipt# / jj� History❑. ❑ Special Use Permits: D i t S Cl ZMAs&Proffers: ❑ Variances: Zr—Letter of Authorization O 1Concurrent review of Site Development Plan? ❑YES ❑NOCounty 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 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? 4-011eiCY1 cl ep- rv'Un I How will the proposed special use affect adjacent property?1rpuch O a%bash;2 .i G C j,- l_ , i I tl ?rout ck, -N. _ CoCollot ytlborkdods usc. of -lit, e-oresk Ukke"S` So 04-4-1 os. Poi nke,Ed9ct o, r �c�c�o tkor-4+1 cross i n bc,vtld How . v W a k,.-��u-�6+ p.c,✓ rto t i echo R:d°3 ,v i ci c mot, kcf Pc a.( R4 d will the prop era stpet cial uss�attest il5e c aarac r f the tract )sfi acatil 'the ro t• bcr I'tie g P P rh0 /r1I� T-1 will n e-l- a cc.c c4-. ow is the use in harmony with the purpose and intent of the Zoning Ordinance? rD�Ck S of us c. 1 n Q deli +-r or\ (zS i dtn4-t of Use S S ppo✓-- ,)ln c, res dt.n.41 n,,,l LtS�S How is the use in harmony with the uses permitted by right in the district? 5crv� lac? a (t_cx :1l arm n su DY - oc--k r{s3 d W\(k5 What additional regulations provided in Section 5.0 of the Zoning Ordinance apply to this use? c-k or"‘ S• l . t1., Swtrv,rv,ir,g E,Q1�' ,T rats Cta b . How will this use promote the public health,safety,and general welfare of the community? UJ i 1\ be i rn 1(1k ) Condor v + `On[. 0.ccx p}-r J ?u dri ce_ �� (` i nn t tr►n btr�G���o t�a p -hn e — f � Nov44- c ', u44/1 -cci.t,+ 1; 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 cal eyv -tlr` (r.gyi xXsk;p t�mac,Lis S�1.rv1 i4 s C1u uSt o bcr1-1-,A' __ r Lakcs So- a . 1n . cil° McrA4>cychi p au,ry ly (3 5 isktAbastNips) d�. k � 1i1�15 , e -t,c, nca ghbot� Qod © {t 4 t� co ‹. trn-� ,304a,s, .A-ss o c.t c.4-c..s . ATTACHMENTS REQUIRED provide two (2) copies of each O 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. Cri Signa of Owner,Contract Purchaser,Agent Date' ' �� 'Z 5�tn Runic L , Qwrir. Nc . 43y • gig • qua x ►-7 Print N e Daytime phone number of Signatory 12/1/02 Page 3 of 4 /