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HomeMy WebLinkAboutSP201100031 Legacy Document 2012-02-17I IRm COUNTY OF ALBEMARLE PLANNING STAFF REPORT SUMMARY Project Name: Staff: SP201100031 Greenbrier Emergency Animal Hospital Joanne Tu Purtsezova Public Hearing: February 28, 2012 Board of Supervisors Public Hearing: N/A Owner: Greenbrier Drive, LLC Applicant: Greenbrier Drive, LLC Acreage: Approximately 1.98 acres Special Use Permit for: Request to amend SP200900030 to extend veterinary services to include specialty medical care and expand the space in the existing building. The emergency animal hospital use remains. No residential units proposed. TMP: 061 WO -01 -OA -00500 By -right use: HC Highway Commercial — Location: 370 Greenbrier Dr. approximately 675 feet west of the commercial and service; residential by special use intersection of Greenbrier Drive and Route 29 (Seminole Trail) permit (15 units/ acre) and C -1 Commercial — retail sales and service; residential by special use permit (15 units/ acre) Magisterial District: Rio Proffers /Conditions: Yes Proposal: Requested # of Dwelling Units: N/A 1. Add a designated dog walking area. 2. Expand veterinary services to include specialty veterinary services beyond typical clinical services. 3. Expand the use within the existing building from 2625 sq. ft. to the entire building (13,782 sq. ft. gross area, 9,000 sq. ft. net area). 4. Amend conditions of SP- 2009 -030. DA (Development Area): Yes Comprehensive Plan Designation: RA (Rural Area): No Office /R &D /Flex /Light Industrial — commercial, professional office; research and development, design, testing of prototypes; manufacturing, assembly, packaging in Neighborhood 1 of the Places 29 Master Plan Character of Property: Use of Surrounding Properties: The property is developed with office, warehouse space and Surrounding properties are primarily commercial related parking located on it. uses, including warehousing, restaurants, offices, and convenience store. Factors Favorable: Factors Unfavorable: None 1. All reviewing agencies have no objections 2. Compatible with the Places 29 Master Plan 3. Expansion of specialty veterinary services in the Development Area RECOMMENDATION: Staff recommends approval of SP- 2011 -031 Greenbrier Emergency Animal Hospital with revisions to the conditions approved with SP- 2009 -030. SP- 2011 -031 PC: February 28, 2012 Staff Report p. 0 STAFF PERSON: Joanne Tu Purtsezova PLANNING COMMISSION: February 28, 2012 AGENDA TITLE: SP201100031 - Greenbrier Emergency Animal Hospital APPLICANT: Greenbrier Drive, LLC PROPERTY OWNER(S): Greenbrier Drive, LLC PETITION: PROJECT: SP201100031 Greenbrier Emergency Animal Hospital PROPOSED: Request to amend SP200900030 to extend veterinary services to include specialty medical care and expand the space in the existing building. The emergency animal hospital use remains. No residential units proposed. ZONING CATEGORY /GENERAL USAGE: HC Highway Commercial — commercial and service; residential by special use permit (15 units/ acre) and C -1 Commercial — retail sales and service; residential by special use permit (15 units/ acre) AIRPORT IMPACT AREA: Yes ENTRANCE CORRIDOR: Yes 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: Office /R &D /Flex /Light Industrial — commercial, professional office; research and development, design, testing of prototypes; manufacturing, assembly, packaging in Neighborhood 1 of the Places 29 Master Plan LOCATION: 370 Greenbrier Dr. approximately 675 feet west of the intersection of Greenbrier Drive and Route 29 (Seminole Trail) TAX MAP /PARCEL: 061 WO -01 -OA -00500 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 hospitals and clinics are allowed by special use permit only. 7- Eleven is located across the street and businesses such as Benjamin Moore, Sunshine Laundromat, and a Girl Scouts office are within the immediate vicinity. Loaves & Fishes Food Pantry, the office of Virginia Lube, Inc. dba Jiffy Lube, XDOT Engineering and Analysis, Status Solutions and Nature Neutral Green Building Supply are all located within the same building as the current emergency veterinary hospital. See Attachment A for the Zoning Map, including the location of the existing veterinary hospital and clinic and Attachment B for the Vicinity Map. The surrounding area consists of commercial development. SPECIFICS OF PROPOSAL: The applicant is requesting the following changes to the site, uses, and conditions as approved with SP- 2009 -030. 1. Add a designated dog walking area. 2. Expand veterinary services to include specialty veterinary services such as: 3. Expand the use within the existing building from 2625 sq. ft. to the entire building (13,782 sq. ft. gross area, 9,000 sq. ft. net area). 4. Amend conditions of SP- 2009 -030 as follows: SP- 2011 -031 PC: February 28, 2012 Staff Report p. 1 Proposed Revised Conditions (additions in italics, redactions stricken out ) 1. There shall be no outside exercise area. However, walking of animals is permitted and shall be delineated with either post and cable or fencing to an area in the northwest corner of the parcel as shown on the attachment (described in 3.) 2. No animals are to be confined outside. 3. Use is limited to the e wv- + heusand five hundred (2,500) square font and the proposed expansion of two thousand, six hURdred tweRty five (2,625) square feet a 370 Greenbrier Drive as shown on the attached Land Title Survey Showing Parcel B -1 Section One Westfield created by B. Aubrey Huffman & Associates, LLC, dated April 13, 2005; 4. The hours of operatiOR for the EmergeRGY GIiRiG shall be betweeR 5:30 P.M. eaGh MoRday through Thursday; and all day each federal holiday. The days and hours of Operation the SpeGialty Veterinary GIiRiG shall be between 9:00 AM and 5:30 PM Monday through Friday; and 5. Animals shall be permitted OR site E)Rly during hours of operation as speGified above IR GonditiOR number 3. 4. No overnight boarding use, other than those animals under medical care. (Note: The planner has verified that the above proposed conditions meet requirements, but standard language needs to be applied. The applicant is requesting to delete the specific hours of operation. See Recommended Conditions below.) APPLICANT'S JUSTIFICATION OF THE REQUEST The applicant currently operates the existing emergency animal hospital. This request is to allow expansion into the other units. The applicant states that specialty services for animals are not located in the Charlottesville /Albemarle area and that residents often travel to Richmond and Northern Virginia for services to diagnose and treat animal patients involving respiratory disease, endocrinology, infectious diseases, oncology, cardiology, kidney disease and others. An internist may perform services and need equipment related to ultrasound, rhinoscopy, bronchoscopy, gastroscopy, colonoscopy, cystoscopy, and others. Surgeons may perform services related to orthopedics, hip dysplasia, cruciate ligament tears, complex fractures, arthroscopy, joint replacements, hernia repairs, and gastrointestinal, liver and spleen surgeries. SP- 1996 -008, SP- 2006 -039, SP- 2008 -009, and SP- 2008 -059 have conditions of approval consistent with the current proposal. COMPREHENSIVE PLAN: The Comprehensive Plan and Places 29 Master Plan designate this area as Office /R &D /Flex /Light Industrial — commercial, professional office; research and development, design, testing of prototypes; manufacturing, assembly, packaging in Neighborhood 1 of the Places 29 Master Plan. The veterinary clinic with expanded special services is compatible with the office designation, even though it allowable only by special use. The emergency veterinary hospital portion is also compatible, even though it is allowable only by special use. The site will not be used for residential purposes. An analysis for consistency with the Neighborhood Model was not done for this project since it is an existing development. SP- 2011 -031 PC: February 28, 2012 Staff Report p. 2 PLANNING AND ZONING HISTORY: APPLICATION DATE BODY RECOMMENDATION /ACTION SDP - 1983 -045 January 13, 1984 PC APPROVED: Pargo's Restaurant and Office Condominium site plan SDP - 1983 -045 -- DEFERRED - INDEFINITE: Par o's Restaurant site plan ZMA- 1984 -032 February 14, PC DENIAL: Rezoning request from C -1 to HC with proffers; 1985 PC stated that scope and possibilities of uses were too broad ZMA- 1984 -032 February 20, BOS APPROVED: This action rezoned the property from C -1 to 1985 HC with proffers SDP - 1985 -030 June 11, 1985 PC APPROVED: Greenbrier Park site plan ZMA- 1985 -018 July 30, 1985 PC APPROVAL: Previous rezoning was amended to allow Motels. APPROVED: Super 8 Motel site plan. ZMA- 1985 -018 August 7, 1985 BOS APPROVED: This ZMA added [hotels, motels, and inns] as an allowed use for a portion of the site (Proffered). SDP - 1985 -033 -- Super 8 Motel site plan ZMA- 1990 -001 March 21, 1990 BOS APPROVED: This ZMA added Fast Food Restaurant to the list of allowed uses Proffered ZMA - 1990 -015 November 7, BOS APPROVED: This ZMA permitted churches 1990 ZMA- 1991 -006 October 1, 1991 PC APPROVAL: Request to rezone the property to C -1, Commercial (Proffered) and HC, Highway Commercial (Proffered). SP -1991 -052 November 20, BOS APPROVED: a request for an emergency veterinary office. 1991 SDP - 2003 -003 Greenbrier Square minor site plan amendment SP- 2009 -030 June 22, 2010 PC APPROVAL: Request to revise conditions of SP- 1991 -052 SP- 2009 -030 August 4, 2010 BOS APPROVED: Revised conditions to SP- 1991 -052 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 into the entire building because all veterinarian activities will continue to be inside the building. Staff finds that the deletion of the operating hours condition will not adversely impact the adjacent property. 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 to include specialty veterinary services. 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? SP- 2011 -031 PC: February 28, 2012 Staff Report p. 3 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 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 into the entire building 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 existing soundproofed, air - conditioned building. 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 indicated with SP- 2009 -030, that these requirements would be met. The applicant has indicated that this requirement will continue to be met. 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. The applicant anticipates occupation of entire building would occur in phases. Multiple separate building entrances (for the other businesses /uses) already exist in this facility. 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. However, the walking of animals in a small, designated area is needed in order to keep animal waste within that area instead of spread out throughout the site. The walking of animals within the designated area is also anticipated to keep the animals within a designated area while they await patient services. Animals will not be kenneled or stay for prolonged service at this facility, unless extended emergency medical care is required. SP- 2011 -031 PC: February 28, 2012 Staff Report p. 4 Will the public health, safety and general welfare of the community be 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. In fact, containment of animal waste to the designated walking area is anticipated. There are no safety concerns with the proposed expansion of the veterinary clinic use to include specialty services, nor with the proposed expansion into the entire building. FACTORS FAVORABLE: 4. All reviewing agencies have no objections to this proposal and the general request for changes to the conditions of SP- 2009 -031. Requested changes to conditions have been re- phrased to match standard language of conditions. 5. The special use permit is compatible with the Places 29 Master Plan. 6. The special use permit will provide an opportunity for the expansion of specialty veterinary services in the Development Area. FACTORS UNFAVORABLE: Staff finds no factor(s) unfavorable to this request. RECOMMENDATION: Staff recommends approval of SP- 2011 -031, Greenbrier Emergency Animal Hospital with the following revisions to the originally approved conditions. CURRENT CONDITIONS OF SP- 2009 -030 1. There shall be no outside exercise area; 2. No animals are to be confined outside; 3. Use is limited to the existing two thousand, five hundred (2,500) square feet and the proposed expansion of two thousand, six hundred twenty five (2,625) square feet at 370 Greenbrier Drive as shown on the attached Land Title Survey Showing Parcel B -1 Section One Westfield created by B. Aubrey Huffman & Associates, LLC, dated April 13, 2005; 4. The hours of operation for the Emergency Clinic shall be between 5:30 P.M. each Monday 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 Veterinarian Clinic shall be between 9:00 A.M. and 5:30 P.M., Monday through Friday; and 5. Animals shall be permitted on site only during hours of operation as specified above in Condition number 3. RECOMMENDED CONDITIONS: 1. There shall be no outside exercise area. However, walking of animals is permitted and shall be delineated with either post and cable or fencing to an area in the northwest corner of the parcel as shown on the attachment (described in 3); 2. No animals are to be confined outside; 3. Use is limited to 370 Greenbrier Drive as shown on the attached Land Title Survey Showing Parcel B -1 Section One Westfield created by B. Aubrey Huffman and Associates, LLC, dated April 13, 2005; 4. No overnight boarding use shall be permitted, except those animals under emergency medical care. ATTACHMENTS: A. Zoning Map B. Vicinity Map C. Land Title Survey Showing Parcel B -1 Section One Westfield by B. Aubrey Huffman and Associates, LLC, dated April 13, 2005. D. Planning Commission minutes, dated June 22, 2010 E. Board of Supervisors minutes, dated August 4, 2010 SP- 2011 -031 PC: February 28, 2012 Staff Report p. 5