STAFF PERSON:                                                                              MARGARET DOHERTY

PLANNING COMMISSION DATE:                                              July 13, 2004

BOARD OF SUPERVISORS DATE:                                              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 46B3 Parcel B (8.559 acres, zoned R-4 (Residential) and Tax Map 46B5 Parcel 1B (6.552 acres, zoned PUD (Planned Unit Development) are located at 1824 Timberwood Boulevard (Route 1721) 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 the following:

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 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:

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, 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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