COUNTY OF ALBEMARLE
SP 2008-00059 Luxor Commercial Veterinary Office-Extension
Request for extension of time allowed to establish special use permit for veterinary office.
January 6, 2009
BOARD OF SUPERVISORS:
January 14, 2009
OWNER/APPLICANT: Nigel Bray, owner; Denico Development (Denise LaCour), applicant
The Luxor Commercial rezoning and accompanying special use permits to allow the drive-thru bank and veterinary office were approved in October 2005. The project included a rezoning of 3.523 acres from R-6, and R-15 (Residential) to a Planned District Mixed Commercial (PDMC) and a rezoning of 1.377 acres from C-1 (Commercial) to PDMC to allow a 1,500 square foot bank and 80,000 square feet of mixed commercial, including an SP for the vet use. (Attachments A & B Location maps) The approval letter for the rezoning and special use permits, including proffers, and the staff report for original action are attached for reference. (Attachments E)
SP# 2007-00017 was subsequently submitted to request additional time to establish the veterinary use and was approved on August 1, 2007; there were no issues raised by reviewers or staff. The special use permit was approved with the same original conditions, with minor modifications and the time extension of 18 months:
1. A separate entrance and exit shall be provided for the clinic in accordance with Section d;
2. No outdoor exercise area shall be permitted;
3. The veterinary clinic be identified as located in building 4 and;
4. Architectural Review Board issuance of a Certificate of Appropriateness;
5. Special Use Permit 2007-017 shall be valid eighteen (18) months from its date of approval.
The applicant is requesting an additional four years for the use to be established. The applicant has been delayed in establishing the vet use due to difficulties during the site plan approval process, including obtaining easements and complications with utilities on the site. The applicant is nearing final site plan approval for the phase of the project that will include the building for the vet use. (Attachment C-Letter requesting extension)
The purpose of the time period provision for special use permit approvals in the ordinance is to allow any ordinance changes to be applied at the time the extension is reviewed. It allows the County to consider whether there have been changes in circumstances such that the granting of the special use permit should be revisited. In the case of this request for extension, there is no reason to revisit the special use permit and there have been no ordinance changes since the SP was approved in 2005. Staff does not foresee any upcoming amendments or changes of circumstance to suggest the use will not be appropriate at this location.
Staff has found that a modification to Section 5.1.11(B) should also be approved by the Planning Commission. (Attachment D-Section 5.1.11)
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)
The building in which the vet would be located is less than 200 feet from the adjoining R6 Zoning District boundary to the east. (See Attachment B) This area of R6 zoning is right-of-way for a road located between the Luxor Commercial Development and the Aunt Sarah’s commercial property. The vet will be located as originally proposed and will still comply with the soundproofing requirements of Section 5.1.11.
Staff has found no unfavorable factors to this request and recommends approval of SP 2008-059 for the Veterinary Office, with the following conditions of approval, with updates to conditions in bold italics:
Staff recommends a modification of Section 5.1.11(b) to allow the vet to be located in a building less than 200 feet from the R6 zoned property line to the east.
A. Location Map-Aerial
B. Location Map-Zoning
C. Letter from applicant, Denico Development dated November 18, 2008 requesting time extension
D. Section 5.1.11 of the Zoning Ordinance
E. Approval letter dated October 25, 2005 for ZMA 2004-012 Luxor Commercial & SP 2004-0038 & SP 2005-002 and Staff Report dated August 30, 2005 for ZMA 2004-12, SP 2004-38, and SP 2005-002
View PC minutes of July 10, 2007
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