STAFF PERSON:                                                                              Rebecca Ragsdale

PLANNING COMMISSION:                                                              July 19, 2005

BOARD OF SUPERVISORS                                                             September 7, 2005

 

 

SP 2005-00013 HOLLYMEAD SWIM CLUB &

MODIFICATIONS to SETBACK & SCREENING REQUIRMENTS OF SECTION 5.1.16

 

 

Petition: 

 

Request for a special use permit for swim, golf, tennis, or similar facilities, to allow membership to the swimming pool from outside of the Hollymead Planned Unit Development (PUD) in accordance with Sections 20.4.2.1, 22.2.2.6, 18.2.2.4 and 5.1.16 of the Zoning Ordinance which allow for swim, golf, tennis and similar facilities.   The property, described as Tax Map 46B2 , Section 2,  Parcel A contains 17 acres, and is zoned Hollymead PUD.  The property is located at 2000 Hollymead Drive in the Hollymead development, within the Rivanna Magisterial District.   The Comprehensive Plan designates this property as Neighborhood Density in the Community of Hollymead.

 

Character of the Area: 

 

The Hollymead Swim Club is located within open space of the Hollymead Planned Unit Development and is adjacent to Hollymead Drive. To the north and south of the pool are single family homes. Adjacent to the site to the east is the Silver Thatch Inn and immediately to the west of the pool are townhomes.  There are commercial uses located to the west along Route 29, beyond the townhomes. All properties surrounding the site are zoned Planned Unit Development.

 

Specifics of the Proposal

 

The applicantís only request is to allow membership to the pool from outside the Hollymead Community; no other changes are proposed. A condition of approval is recommended by staff to limit outside members to the pool to 75 family memberships but not to restrict those within the Hollymead PUD that would use the pool. The pool site is depicted on Attachments C and D. The Hollymead Citizens Association has indicated that residents within the Hollymead PUD will be given priority to join the pool before memberships are opened to members from outside the PUD.

 

Applicantís Justification for the Request:   

 

The applicant has provided justification with the special use permit application. (Attachment A) In summary, the pool has not had enough members to remain viable and is seeking to expand membership by allowing those outside the Hollymead PUD to join the pool.

 

Planning and Zoning History:  

 

The PUD zoning for Hollymead was established by Special Permit 156 in 1972. The PUD was amended in 1977 under SP-77-70. That action reduced the overall density of the community and included the conversion of 2.029 acres that contained the swimming pool and tennis courts from open space to commercial area. SDP 96-060 (Attachment C) was approved in 1996 to allow removal of the older pool and pool house and construction of the new pool that is existing today. This SDP approval included a critical slopes waiver and a waiver of Section 5.2.16.a to allow the pool apron to be located 22 feet from a residential property line.

 

The following issues that were identified during the review of the site plan for the pool in 1996, SDP-1994-60- Recreation Area- Hollymead Major Amendment. That plan was most recently amended to allow the construction of a picnic shelter by a letter of revision dated April 18, 2003.

 

The 1996 plan carries these notes:

 

The facility is for the residents of the Hollymead P.U.D. and their guests.

 

Parking for swim meets will be allowed on Maiden Lane. The association will attempt to encourage this through education of members and temporary signage used at each meet directing cars not to park on Hollymead Drive and to park on Maiden Lane.

 

During special events there must be a certified person to direct traffic at the intersection of Maiden Lane and Hollymead Drive.

 

If Special Use Permit 05-13 is approved, the first restriction noted on the site plan regarding membership will be removed and the other two notes will still apply.  

 

 

Comprehensive Plan and the Neighborhood Model:

 

The Comprehensive Plan designates this property for Neighborhood Density Residential in the Hollymead Community, which is intended to be a mixed-use community.  Neighborhood Density Residential is intended for residential areas with a gross density of 3 to 6 units per acre and is intended to accommodate all residential unit types.  It is anticipated that Neighborhood Density Residential areas will accommodate small areas of non-residential land uses on the scale of Neighborhood Service.  Non-residential uses for this area should be supportive of residential. The request to allow the Hollymead pool as a commercial pool meets is an appropriate use and would serve the entire Hollymead Community, rather than one subdivision.

 

There are no physical changes to the site proposed with this special use permit application.   Staff has analyzed the proposal against the 12 Neighborhood Model principles and offers the following comments:

 

PEDESTRIAN ORIENTATION

Pedestrian access to the pool is provided.  Hollymead Drive is narrow but does not have curb and gutter or sidewalks.     

NEIGHBORHOOD FRIENDLY STREETS AND PATHS

 

No changes to the street are viewed necessary with this special use permit. There is a path on the north side road and a crosswalk is provided. Also, there is a sidewalk leading from the townhomes to the pool.

INTERCONNECTED STREETS AND TRANSPORTATION NETWORK

Streets within the Hollymead PUD are interconnected with Route 29 and Forest Lakes. The majority of the traffic to the pool will likely come from Route 29.

 

PARKS AND OPEN SPACE

The pool and tot lot located adjacent to it provide recreational amenities to the residences in Hollymead.   

NEIGHBORHOOD CENTERS

The Hollymead pool is located within the commercial areas of the PUD, the more mixed use northern area of the subdivision and the pool acts as a center.

BUILDINGS AND SPACES OF HUMAN SCALE

The pool, pool house, and wading pool meet this principle.

RELEGATED PARKING

Parking for the pool is located in front of the pool along S. Hollymead Drive and this principle is not met. However, no physical changes to the site are proposed with this special use permit.  

MIXTURE OF USES

The pool is surrounded by residential uses with commercial within close proximity.

MIXTURE OF HOUSING TYPES AND AFFORDABILITY

This special use permit does not propose any residential units.

REDEVELOPMENT

 The site is already developed.

SITE PLANNING THAT RESPECTS TERRAIN

 The site is already developed according to SDP 96-60, which granted a critical slopes waiver.

CLEAR BOUNDARIES WITH THE RURAL AREAS

The plan meets this principle.

 

Staff Comment:

Staff will address each provision of Section 31.2.4.1 of the 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.

The applicant initially requested that the swimming pool be available for outside membership without limitation to numbers. This aspect of the request raised staff concerns about additional vehicle traffic and parking since additional members would not be within walking distance of the pool.  Rather than support unlimited membership, staff is suggesting that the outside memberships be limited to 75 family memberships. This limit would not necessitate additional parking and or traffic impacts to Hollymead Drive.  This limit of 75 also represents the approximate number of memberships necessary for the pool to break even on operation and maintenance costs.  

that the character of the district will not be changed thereby,

PUD districts are intended to serve as neighborhoods or mini-neighborhoods within designated communities and the urban area. In order to encourage the community function, appropriate commercial and industrial uses should be provided in addition to a variety of residential uses. It is intended that the commercial and industrial development be limited to a scale appropriate to the support of the residential uses within the community. The pool is an appropriate commercial use to serve the surrounding residential uses. The size and scale of the use will not change, only the membership requirements.

and that such use will be in harmony with the purpose and intent of this ordinance

In the opinion of staff, the proposed use is supportive of the purpose and intent as described in the Zoning Ordinance.

with the uses permitted by-right in the district,

The pool is within areas approved as commercial within the Hollymead PUD and would not be conflict with other uses permitted by-right. .

with additional regulations provided in Section 5.0 of this ordinance,

Additional regulations in Section 5.0 of the ordinance relating to swimming clubs should be considered with review of this special use permit request. The applicant has requested modifications to sections 5.1.16.a and 5.1.16.b of the Zoning Ordinance, staff comments have been provided below.

 

5.1.16 SWIMMING, GOLF, TENNIS CLUBS

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;

 

The concrete apron around the swimming pool is located within 22 feet of the property line to the west. A waiver of this regulation was granted with SDP 96-60, when the older pool was replaced by the new one on the property today. Staff recommendation of approval for the waiver at that time noted that non-commercial recreational facilities that serve only the development which they are located need not meet the setbacks if no objection is received from the adjacent residential properties. The new pool is located farther away from residential property lines than the original pool it replaced. However, at the time this waiver was originally granted, the town houses along this property line had not yet been constructed. There will be no additional impacts to these residences with approval of the special use permit the applicant is requesting to allow membership from outside the PUD. Staff recommends the Planning Commission once again approve a modification to this section, as the pool is already constructed and will continue to serve as an amenity to the residences in the area.

 

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;

 

Screening was noted on SDP 96-60, in the form of white pines, against the single family homes along Maiden Lane, to the rear property line of the pool. Screening was not noted on the plan in other locations; however there is substantial vegetation on most sides of the pool. The applicant is requesting that no additional screening around the pool be required.

 

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 is not recommending 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.

The pool house does provide limited concessions, which should be approved with this special use permit request.          

and with the public health, safety and general welfare.

The public health, safety, and general welfare of the community are protected through the special use permit process, which assures that uses approved by special use permit are appropriate in the location requested.  There has been one safety issue identified by the Virginia Department of Transportation (VDOT), who has recommended the following:

o        The existing entrance is adequate for this use;

o        Shrubs on the east side of the entrance need to be removed in order to provide adequate sight distance.

There is one entrance to the site and it is shared with the Silver Thatch Inn. As a condition of approval of this special use permit, staff recommends that VDOTís comments be met to eliminate any safety hazards around the entrance to the site.

 

Summary:

 

Staff has identified the following factors, which are favorable to this rezoning request:

1.      The applicant is not proposing changes with this special use permit that would increase impacts to adjoining residences.

2.      The pool would remain open to residents of the Hollymead PUD.

 

Unfavorable factors to this request:

1.   There is a safety concern and sight distance at the entrance to the pool should be improved.

 

Recommended action:

 

Staff recommends approval of SP 2005-013 with the following conditions:

 

1.      Family memberships, not including residents of the Hollymead PUD, shall not exceed 75.

2.      Prior to the issuance of a Zoning Clearance for the commercial swim club, the applicant shall provide sight distance at the entrance/exit to the property onto Hollymead Drive to the satisfaction of the Virginia Department of Transportation.

 

Section 5.1.15 Supplemental Regulations:

 

Staff recommends approval of modifications to Section 5.1.16:

 

 

 

 

Attachments:

 

  1. Hollymead Citizens Association letter dated March 29, 2005
  2. Location Map
  3. Aerial view of pool site
  4. Site Development Plan 96-60, prepared by B. Aubrey Huffman & Associates, LTD., dated October 17, 1994.

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