STAFF PERSON:                                               CLAUDETTE GRANT         

PLANNING COMMISSION:                                      MAY 3, 2005

BOARD OF SUPERVISORS:                                     JUNE 1, 2005

 

SP 2005-00005 PETSMART

 

Applicant's Proposal: PetsMart is requesting a special use permit to allow up to 2,500 square feet of a 23,000 square-foot retail building for a veterinary clinic, grooming facility and periodic pet adoption service on property owned by Hollymead Town Center, LLC, located at Outparcel H of Hollymead Town Center, west side of U.S. Route 29. (See Attachments A and B.).   

 

Petition:  The applicant requests a special use permit for Tax Map 32 Parcel 43. This special use permit would be in accordance with Section (s) 25A.2.2.-1, 22.2.2-5 & 24.2.2-4 of the Zoning Ordinance, which allows for veterinary office and hospital use in a PD-MC, Planned Development Mixed Commercial, C-1, Commercial & HC, Highway Commercial zoning district (s). (See Attachments C and D.). The property is zoned PD-MC, Planned Development Mixed Commercial and EC, Entrance Corridor and is located in the Rio Magisterial District. The Comprehensive Plan designates this property as Town Center in the Hollymead Community.  

 

Character of the Area: The area surrounding the PetsMart is currently being developed as the Hollymead Town Center. The Town Center will be made up of retail space, restaurants, and in the future some residential units will be developed in a different section. The Town Center is adjacent to Route 29, which is east of the property. The Hollymead Gardens Cemetery, the Forest Lakes residential subdivision and some retail areas are located across Route 29. 

 

RECOMMENDATION:  Staff has reviewed the proposal for conformity with the Comprehensive Plan and the Zoning Ordinance and recommends approval of the special use permit with conditions.

 

Planning and Zoning History: The history of the parcel is as follows: In 1972, the Board of Supervisors approved a special use permit to allow for the expansion of an existing general store. With ZMA 93-06, The Board of Supervisors approved a rezoning request for several parcels, including TMP 32-43, from RA to HC to allow for mobile home sales. The Board of Supervisors approved a request to modify the conditions from previous special use permits governing the display of mobile homes with SP 96-41. On July 16, 2003 the Board of Supervisors approved a rezoning request from HC to PDMC.

 

Comprehensive Plan and The Neighborhood Model: Requests for special use permits in the Development Areas are assessed for conformity with the Neighborhood Model and the Land Use Plan.

 

The Open Space Plan does not show any significant environmental features on this portion of the property.

 

The Land Use Plan shows this area as Town Center, which should:

 

· Have a mix of residential and non-residential land uses, including Urban Density Residential of 6 to 34 du/ac., Office Service, Community Service, Public/Institutional uses including parks and greenways and Regional Service and compatible Industrial Service.

 

The addition of a veterinary clinic, grooming facility and periodic pet adoption service use, such as the request described is in keeping with the Comprehensive Plan.

 

Because the proposed use is for an already approved building and development, most of the principles of the Neighborhood Model have been assessed previously.

 

Neither Zoning nor Engineering has issues or concerns with this request. The ARB submission was administratively approved. (See Attachment E.).

 

STAFF COMMENT:

 

Section 31.2.4.1 of the Zoning Ordinance below requires that special use permits be assessed as follows:

 

Will the use be of substantial detriment to adjacent property?

This request to allow up to 2,500 square feet of a 23,000 square-foot retail building for a veterinary clinic, grooming facility and periodic pet adoption service will be located in retail space in a section of the Hollymead Town Center. The remaining portion of the building is the PetsMart store. The veterinary use is consistent with the remaining use in the building. The vet should not have negative impact on adjacent buildings/uses within the shopping center. It is not anticipated that this use will be of substantial detriment to adjacent property with traffic or noise anymore than it will be with the proposed development for the area.

 

Will the character of the zoning district change with this use?

The proposed veterinary use is not expected to change the PD-MC zoning district or the character of the area.

 

Will the use will be in harmony with the purpose and intent of the zoning ordinance?

The PD-MC zoning district is intended for large-scale commercial areas with a broad range of commercial uses under a unified planned approach. PD-MC districts should be established on major highways in the urban area and communities in the comprehensive plan. The PD-MC district allows for veterinary offices and hospitals by special use permit if sited appropriately. The veterinary use is viewed as a use supportive to Albemarle County residents and is in harmony with the purpose and intent of the zoning district.

 

Will the use be in harmony with the uses permitted by right in the district?

 

By-right uses in the PD-MC district are commercial and service establishments permitted by right in the C-1, CO and HC districts. Outdoor storage, sales or display shall be permitted only when enclosed by appropriate visual screening. Utility services, such as electric, gas, oil, water distribution and communication facilities are also permitted by right, as well as public uses and buildings. When sited appropriately, veterinary offices and hospitals are viewed as “in harmony” with the permitted uses of this district. Staff believes the veterinary use is sited appropriately.

 

Will the use comply with the additional regulations provided in Section 5.0 of this ordinance?

The use will comply with the additional regulations relating to veterinary offices and hospitals.

The veterinary use will not keep animals overnight except for two narrow circumstances: where an animal has had surgery and must remain under medical care overnight and, very occasionally, where an animal that is going to be adopted is kept overnight for pickup by its new owners the next day.  Boarding services will not be offered. 

 

The ARB’s approved design for the building does not include a separate entrance and because of the limited nature of services provided (e.g., no boarding, “pet-sitting” or dog-walking services), the applicant and staff do not anticipate a need for a separate entrance. Also, the applicant does not plan to provide outside runs or exercise areas; therefore, fencing per Section 5.1.11(d) of the Zoning Ordinance is not anticipated.

 

Since the vet will be located within a pet store that is in its’ own building within the shopping center, outside of the exceptions noted above, Section 5.1.11 (b) and (c) of the Zoning Ordinance comply and are consistent with the special use permit.

 

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 is protected through the special use permit process which assures that uses approved by special use permit are appropriate in the location requested.  

 

SUMMARY

 

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

 

  1. The special use permit is in conformity with the Land Use Plan and the town center recommendations in the Plan.
  2. The special use permit is for a small portion of square feet in a by-right retail use.

 

Staff has not identified any factors, which are unfavorable to this request.

 

RECOMMENDED ACTION

 

Staff recommends approval of this request with the following conditions:

1. The veterinary services (as shown on the concept plan entitled Major Siteplan Amendment for Hollymead Towncenter, Area B, Rio District, Albemarle County, Virginia prepared by Rivanna Engineering & Surveying, PLC. and dated December 6, 2004) located at Outparcel H shall be limited to not more than 2,500 square feet, and 

2. There shall be no outside runs or kennels.

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ATTACHMENTS:

 

A – Location Map

B – Tax Parcel Map    

C – Concept Plan

D – Elevation Plan

E – Letter from Margaret Maliszewski to Applicant dated 3/21/05

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