Liberty University, Thomas Road Baptist Church and LU Candler Station Holdings, LLC will be the first holders of a relatively new zoning designation. During a public hearing Tuesday, Lynchburg City Council approved a petition from the entities to rezone multiple parcels totaling 752 acres from their current zoning classifications to the IN-2 institutional zoning district. LU and other colleges generally must submit development plans and seek conditional-use permits through City Council to build on campus.
In 2013, council adopted a two-part institutional zoning district following concerns by Liberty University about the city’s permitting process. LU and TRBC requested the IN-2 institutional district, which is a zoning designation for entities including schools, medical facilities and churches with multiple buildings, primarily located in non-residential districts. Under the IN-2 designation, expansion of LU and TRBC will be allowed by right. Uses currently permitted within the B-5 general business district would also be allowed by right. A council-approved conditional-use permit only would be required for a limited number of uses, such as the construction of stadiums.
The IN-2 designation eliminates a 15,000 on-campus enrollment cap placed on the university in 2008 through the approval of a conditional-use permit.
City Planner Tom Martin said previously approved proffers or conditions put forward in earlier conditional use permits no longer would be applicable. He referenced a PowerPoint presentation created by LU related to traffic improvements have been completed by the university.
He noted the Lynchburg Police Department expressed a concern about an increase of student population negatively affecting traffic in the area of U.S. 460, Wards and Candlers Mountain roads, adding traffic concerns cannot be addressed by a single entity but through collaborative efforts between the city, LU, VDOT and Campbell County.
LU General Counsel David Corry said the purpose of the district is to provide institutions greater flexibility in development.
“We are pleased to be the first institution on the application for this new zoning category,” Corry said.
No one spoke in favor of the petition. Resident Todd Hall, who had approached the Lynchburg Planning Commission in December spoke against the petition. On Tuesday, Hall expressed concerns about the potential loss of family property near the Odd Fellows Road interchange project along U.S. 460.
Mayor Michael Gillette later said the issue of institutional zoning is detached from the interchange project. Even if council were to vote against the rezoning, it would not affect that piece of land, he said.
“Liberty University does not have the power to exercise eminent domain,” Gillette said. “VDOT can.”
One resident spoke of commercial uses that would be permitted through the rezoning.
“I just don’t want you take your hands off it too much … because you don’t know the impact that it would have on the community,” she said.
During remarks from council, LU alumus Councilman Jeff Helgeson said the rezoning is something to be applauded, and he is glad to see it come to fruition.
In response to a question by Councilwoman Treney Tweedy concerning the potential economic impact of the rezoning, City Manager Kimball Payne said if a property is being used for commercial purposes, then the property cannot be tax-exempt.
“That is adding assessed value,” Payne said.
Gillette expressed his support for the petition.
“This is one of those things that I think is a slam dunk,” Gillette said. “This is what the institutional zoning district was designed for. ... It was designed in partnership with the large organizations in the city and tailored, really, to meet our mutual needs.”
The rezoning was approved 6-0 with Councilman Randy Nelson abstaining due to a “professional ethics mandate.”
In other news:
» Council approved amending the future land use map and the rezoning of a nearly 10-acre parcel on Old Graves Mill Road to allow the future expansion of the Lynchburg Humane Society.
The petition from the humane society requested amending the map from medium-density residential to community commercial and the rezoning from the R-2, low-medium density single-family residential district to B-5C, general business district conditional.
The property currently is not owned by the Lynchburg Humane Society. Makena Yarbrough, executive director of the Humane Society, said the purchase of the property gives it the ability to grow. Future plans include a medical center, extension of walking trails, a doggie pool and thrift store.
» Council approved a conditional use permit for the construction of a 108-unit townhouse development on an 11-acre tract at 572 Leesville Road.
