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ALBEMARLE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
Proposal: SP 2009 -030 Greenbrier Emergency Animal
Staff: Claudette Grant
Hospital
Planning Commission Public Hearing: June 22, 2010
Board of Supervisors Hearing: To be determined.
Owners: Greenbrier Drive, LLC
Applicant: Tripp Stewart /Tripp VMD, LLC
represented by Chris Kabbash
Acreage: Approximately 1.98 acres
Special Use Permit for: Veterinary office and
hospital in HC Highway Commercial district
TMP: TM: 61 W, Section 1, Block A, P: 5
By -right use: Commercial establishments oriented to
Location: 370 Greenbrier Drive. Approximately 675 feet
highway locations. The existing special use permit
west of the intersection of Greenbrier Drive and Route 29
allows for a veterinary hospital use.
(Seminole Trail) (Attachments A & B)
Magisterial District: Rio
Conditions: Yes EC: Yes
Proposal: To amend SP 91 -52 to extend veterinary
Requested # of Dwelling Units: 0
services clinic hours and expand space within the existing
building on the site.
DA (Development Area): Neighborhood 1
Comp. Plan Designation: Community Service —
community -scale retail wholesale, business and
medical offices, mixed use core communities and /or
employment services, and residential (6.01 -34
units /acre)
Character of Property: The property is developed with
Use of Surrounding Properties: Surrounding
office, warehouse space and related parking located on it.
properties are primarily commercial uses, including
restaurants, convenience store and a church.
Factors Favorable:
Factors Unfavorable:
1. The special use permit is consistent with the Land
None
Use Plan.
2. The special use permit will provide an opportunity
for the expansion of veterinary services in the
Development Area.
RECOMMENDATION: Staff recommends approval of SP 2009 -030 Greenbrier Emergency Animal Hospital with
revisions to the originally approved conditions.
Greenbrier Emergency Animal Hospital
PC Public Hearing 6/22/10
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
Claudette Grant
June 22, 2010
To Be Determined
SP2009 -030: Greenbrier Emergency Animal Hospital
Petition:
PROJECT: SP200900030 /Greenbrier Emergency Animal Hospital
PROPOSED: Request to amend SP 91 -52 to extend veterinary services clinic hours and
expand the space in the existing building on the site. No residential units proposed.
ZONING CATEGORY /GENERAL USAGE: C -1 Commercial - retail sales and service uses;
and residential use by special use permit (15 units/ acre) and primarily HC Highway
Commercial - commercial and service uses; and residential use by special use permit (15
units/ acre)
SECTION: Sections 22.2.2.5 and 24.2.2.4 of the Zoning Ordinance which allows for veterinary
office and hospital uses.
COMPREHENSIVE PLAN LAND USE /DENSITY: Community Service - community -scale retail
wholesale, business and medical offices, mixed use core communities and /or employment
services, and residential (6.01 -34 units /acre) in Neighborhood 1.
ENTRANCE CORRIDOR: Yes
LOCATION: 370 Greenbrier Dr. Approximately 675 feet west of the intersection of Greenbrier
Drive and Route 29 (Seminole Trail)
TAX MAP /PARCEL: 61 W, Section 1, Block A, Parcel 5
MAGISTERIAL DISTRICT: Rio
Character of the Area and Adjoining properties:
The subject property lies at 370 Greenbrier Dr., approximately 675 feet west of the intersection
of Greenbrier Drive and Route 29 (Seminole Trail). The property has split zoning of C -1 and
HC, commercial. In both districts, veterinary clinics are allowed by special use permit only. Two
buildings are located on the property, which include uses that provide building supply and
paint. Other uses located on the property include an Internet cafe /store, a laundry mat, Girl
Scouts office, roofing company and Jiffy Lube. See Attachment A for the Zoning Map, including
the location of the existing veterinary clinic and Attachment B for the Location Map. The
surrounding area consists of commercial development.
Specifics of Proposal:
The applicant is requesting to extend the currently allowed overnight business hours of the
existing animal hospital to also include daytime business hours of 9:00 a.m. to 5:00 p.m.
Monday to Friday. The animal hospital currently provides an overnight emergency clinic. The
applicant wishes to also provide a daytime specialty veterinary clinic that would be unique to
the Charlottesville /Albemarle area and increase the options for pet care in the area. In order to
be able to provide this service, the applicant proposes to use an additional 2,625 square feet of
vacant adjacent warehouse space. (See Attachment C) The possible specialty services could
include acupuncture, ophthalmology, neurology or other therapeutic veterinary techniques.
Greenbrier Emergency Animal Hospital
PC Public Hearing 6/22/10
Applicant's Justification for the Request:
The applicant currently operates the existing emergency animal clinic. The applicant states
that specialty services for animals are not located in the Charlottesville /Albemarle area and
that residents often travel to the Richmond area for services such as acupuncture,
ophthalmology and neurology.
Planning and Zoning History:
January 13, 1984 — Planning Commission approved Pargo's Restaurant and Office
Condominium site plan.
SDP 1983 -045 — Pargo's Restaurant site plan — indefinitely deferred.
February 14, 1985 — Planning Commission recommended denial of ZMA 84 -32, which was a
rezoning request from C -1 to HC with proffers, stating that scope and possibilities of uses was
too broad.
February 20, 1985 — Board of Supervisors approved ZMA 84 -32. This action rezoned the
property from C -1 to HC with proffers.
June 11, 1985 — Planning Commission approved Greenbrier Park site plan.
SDP 1985 -030 — Greenbrier Park site plan
July 30, 1985 — Planning Commission recommended approval of ZMA 85 -18 which amended
the previous rezoning to allow Motels, and approved Super 8 Motel site plan.
SDP 1985 -033 — Super 8 Motel site plan
August 7, 1985 — Board of Supervisors approved ZMA 85 -18. This added hotels, motels, and
inns as an allowed use for a portion of the site (Proffered).
March 21, 1990 — Board of Supervisors approved ZMA 90 -01 which added Fast Food
Restaurant to the list of allowed uses (Proffered).
November 7, 1990 — Board of Supervisors approved ZMA 90 -15 which permitted churches.
October 1, 1991 — The Planning Commission recommended approval of ZMA 91 -06, a request
to rezone the property to C -1, Commercial (Proffered) and HC, Highway Commercial
(Proffered).
November 20, 1991 — The Board of Supervisors approved SP 91 -52 a request for an
emergency veterinary office.
SDP 2003 -003 — Greenbrier Square Minor
Comprehensive Plan:
The Land Use Plan designates this area as Community Service in Neighborhood One (1). The
Comprehensive Plan supports community scale business uses, such as veterinary
office /hospital in areas designated Community Service. The site will not be used for residential
purposes.
Greenbrier Emergency Animal Hospital
PC Public Hearing 6/22/10
An analysis for consistency with the Neighborhood Model was not done for this project since it
is an existing development and does not propose re- development. It is an expansion of an
existing use at the site.
Staff Comment:
Section 31.6 of the Zoning Ordinance below requires that special use permits be assessed as
follows:
Will the use be of substantial detriment to adjacent property?
There is no record of impacts to adjacent property from the animal hospital that has
operated at this location for a number of years. No detriment to adjoining properties is
anticipated from the requested expanded use because all veterinarian activities will
continue to be inside the building.
Will the character of the zoning district change with this use?
The character of the district has not been changed by the existing animal hospital and
it is not anticipated that the character will change with the expansion of hours and
space of the existing use.
Will the use be in harmony with the purpose and intent of the zoning ordinance?
The HC zoning district is intended for commercial uses oriented to the highway. Veterinary
offices /hospitals are allowed by special use permit in this district. The veterinary office /hospital
is viewed as a use supportive to Albemarle County residents who will predominantly arrive by
vehicle.
Will the use be in harmony with the uses permitted by right in the district?
Section 24.2.1 of the Zoning Ordinance, entitled Highway Commercial, HC, allows a variety of
commercial uses by -right as well as those that are permitted by special use permit. Veterinary
office and hospital are permitted by special use permit in HC districts. The existing animal
hospital has operated in harmony with by -right uses at this location for a number of years. The
proposed new hours of business will be by appointment only and will have the same staffing
requirements as the current overnight clinic. The existing assigned parking spaces will be
adequate for the additional operating hours so traffic and parking associated with this
expanded use should not detrimentally affect by -right uses. The proposed expansion of the
veterinary office /hospital use continues to be compatible with the other permitted uses in this
district.
Will the use comply with the additional regulations provided in Section 5.0 of this ordinance?
Section 5.1.11 is applicable to the proposed animal hospital use and each regulation is
addressed below:
a. Except where animals are confined in soundproofed, air - conditioned buildings, no
structure or area occupied by animals shall be closer than five hundred (500) feet to any
agricultural or residential lot line. For non - soundproofed animal confinements, an
external solid fence not less than six (6) feet in height shall be located within fifty (50)
feet of the animal confinement and shall be composed of concrete block, brick, or other
material approved by the zoning administrator; (Amended 11- 15 -89)
Animals will be confined to the soundproofed, air - conditioned building.
Greenbrier Emergency Animal Hospital
PC Public Hearing 6/22/10
b. For soundproofed confinements, no such structure shall be located closer than two
hundred (200) feet to any agricultural or residential lot line. For soundproofed
confinements, noise measured at the nearest agricultural or residential property line
shall not exceed fifty -five (55) decibels; (Amended 11- 15 -89; 6- 14 -00)
There are no residential lot lines located closer than two hundred (200) feet and noise at the
nearest residential lot line is not expected to exceed fifty -five (55) decibels due to the distance
and sound proofed confinement.
c. In all cases, animals shall be confined in an enclosed building from 10:00 p.m. to 6:00
a.m. (Amended 11- 15 -89; 6- 14 -00)
The applicant has indicated that this requirement will be met and that there will be no outdoor
activity for these animals during these hours or any other business hours.
d. In areas where such uses may be in proximity to other uses involving intensive
activity such as shopping centers or other urban density locations, special attention is
required to protect the public health and welfare. To these ends the commission and
board may require among other things: (Amended 11- 15 -89)
- Separate building entrance and exit to avoid animal conflicts ;( Added 11- 15 -89)
-Area for outside exercise to be exclusive from access by the public by fencing or other
means. (Added 11- 15 -89)
The animal hospital currently has its' own separate building entrance and is located in an end
unit of the building with over 40 feet in any direction to the next occupied space. This entrance
will continue to be used for the expanded adjacent space. There will be no outside exercise
area because the specialty service will be by appointment only and the veterinary hospital is
an emergency based service that returns animals to their primary care provider by the next
business day. Animals will not be kenneled or stay for prolonged service at this facility.
Will the public health, safety and general welfare of the community protected if the use is
approved?
The public health, safety, and general welfare of the community will be protected through the
special use permit conditions that specifically address this use at this location. There is no
safety concern with the proposed veterinary services clinic use.
Summary:
Staff finds the following factors favorable to this request-
1 . The special use permit is consistent with the Land Use Plan.
2. The special use permit will provide an opportunity for the expansion of veterinary
services in the Development Area.
Staff finds no factor(s) unfavorable to this request.
Recommended Action:
Staff recommends approval of SP 2009 -030, Greenbrier Emergency Animal Hospital with the
following revisions to the originally approved conditions.
Greenbrier Emergency Animal Hospital
PC Public Hearing 6/22/10
1. There shall be no outside exercise area.
2. No animals are to be confined outside.
3. Use is limited to 370 Greenbrier Drive.
4. Hours of eperatieR shall be limited fn. Monday — Thursday: 5:30 P.M. _ 9:00 A.M.;
5:30 P.M.
�T
Monday; Friday uRtil 9:00 A.M. The hours of operation for the Emergency Clinic
shall be between 5:30 P.M. each Monda,, through Thursday and 9:00 A.M. the
following day; between 5 :30 P.M. Friday and 9:00 A.M. Monday; and all day each
federal holiday. The days and hours of operation for the Specialty Veterinary
Clinic shall be between 9 :00 A.M. and 5 :30 P.M., Monday through Friday_
5. There shall be no SGheduled appointments. QliniG shall aGGept animals only on
an omoroonGy basis;
6. Animals shall be permitted on site only during hours of operation as specified
above in Condition number 4.
7. industrial Waste Survey Form to be submitted to the Albemarle County Ser
Authority and approved prior to oommonoomont of veterinary ar+tiyitios
ATTACHMENTS
Attachment A
— Zoning Map
Attachment B
— Vicinity Map
Attachment C
— Survey by B. Aubrey Huffman & Associates, L.L.C.
Attachment D
— SP 91 -52 Greenbrier Limited Partnership Staff Report
Attachment E —
Planning Commission minutes, dated October 15, 1991
Greenbrier Emergency Animal Hospital
PC Public Hearing 6/22/10