Project Name:  ZMA 200800007 ATNA Building SP 200800067 Veterinary use

Staff:  Claudette Grant

Planning Commission Public Hearing: 

October 20, 2009

Board of Supervisors Public Hearing:

To be determined

Owners: ATNA Corporation, LLC

Applicant: ATNA Corporation, LLC with Sara Salmon as the contact

Acreage: approx. 0.7866 acres

Rezone from: CO, Commercial Office to C1, Commercial

Special Use Permit for: Veterinary Hospital by special use permit in C-1 Commercial district

TMP: 32-48; Lot A

By-right use:  Retail sales and service uses; and residential use by special use permit (15 units/acre) in C-1, Commercial District.

Section 22.2.2(5) Veterinary office and hospital of the Zoning Ordinance which allows a veterinary hospital

Magisterial District:  Rio

Proffers:    Yes

Proposal:  Rezone 0.7866 acres from CO zoning district to C1 zoning district. The existing building on site will house an animal emergency care clinic. This proposal also includes one concurrent special use permit, SP 2008-067, a request to allow a veterinary hospital on the property.

Requested # of Dwelling Units:  None

DA (Development Area): The Community of Hollymead

Comp. Plan Designation:  Neighborhood Density

Character of Property:  Located at 1540 Airport Road/Southeast corner of the intersection of Dickerson Rd. and Airport Rd., the property is developed with an existing building and parking area.

Use of Surrounding Properties:  The Deerwood subdivision is located south and to the rear of the subject property and is primarily comprised of single family residential units. The Charlottesville-Albemarle airport is located northwest of the property. There are also some vacant parcels surrounding the property.

Factors Favorable:   

1.     The rezoning and special use permit are consistent with the Land Use Plan.

2.     The rezoning and special use permit will provide the veterinary hospital use an opportunity to expand and relocate to a central location convenient for clients. 

3.     The veterinary hospital will provide a 24 hours/day service instead of the current hours, which are only after business hours.

 

Factors Unfavorable:  

1.     The proffers need to be technically accurate.

2.     Pedestrian access is not complete to this facility. However the applicant agrees to provide a proffer that will address the pedestrian access.

 

 

RECOMMENDATION:    

Staff recommends approval of this rezoning, waivers, and special use permit with conditions, provided the proffers are revised and technically and legally acceptable prior to the Board public hearing.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

STAFF PERSON:                                                                   CLAUDETTE GRANT

PLANNING COMMISSION:                                                 OCTOBER 20, 2009

BOARD OF SUPERVISORS:                                 

 

ZMA 08-07 ATNA Building

SP 08-67 Special Use Permit-Veterinary Services Clinic

 

PETITIONS 

PROJECT: ZMA200800007/ATNA Building

PROPOSAL: Rezone 0.7866 acres from CO zoning district which allows offices, supporting commercial and service uses; and residential use by special use permit (15 units/ acre) to C1 zoning district which allows retail sales and service uses; and residential use by special use permit (15 units/ acre). Existing building on site will house an animal emergency care clinic. This proposal also includes one concurrent special use permit SP 08-067, a request to allow a veterinary services clinic on the property.

PROFFERS:  Yes

EXISTING COMPREHENSIVE PLAN LAND USE/DENSITY:  Neighborhood Density Residential - residential (3-6 units/acre) and supporting uses such as religious institutions and schools and other small-scale non-residential uses.

ENTRANCE CORRIDOR: Yes

LOCATION: 1540 Airport Road/Southeast corner of the intersection of Dickerson Rd. and Airport Rd. in the Community of Hollymead

TAX MAP/PARCEL: 32/48 Lot A

MAGISTERIAL DISTRICT: Rio

 

PROJECT: SP200800067/ATNA Building

PROPOSED: Request a special use permit to operate a veterinary services clinic in the existing building on the site. This proposal also includes a concurrent rezoning request (ZMA 2008-007) to rezone 0.7866 acres from CO zoning district to C1 zoning district. 

ZONING CATEGORY/GENERAL USAGE: CO Commercial Office - offices, supporting commercial and service uses; and residential use by special use permit (15 units/ acre)

SECTION: 22.2.2(5) Veterinary office and hospital and 5.1.11 Commercial Kennel, Veterinary  Service, Office or Hospital, Animal Hospital, Animal Shelter

COMPREHENSIVE PLAN LAND USE/DENSITY:  Neighborhood Density Residential - residential (3-6 units/acre) and supporting uses such as religious institutions and schools and other small-scale non-residential uses.

ENTRANCE CORRIDOR: Yes

LOCATION: 1540 Airport Road/Southeast corner of the intersection of Dickerson Rd. and Airport Rd. in the Community of Hollymead

TAX MAP/PARCEL: 32/48 Lot A

MAGISTERIAL DISTRICT: Rio

 

CHARACTER OF THE AREA

The site is approximately 0.7866 acres in size and is zoned CO Commercial Office. It is located in the Development Area. There is an existing building with parking areas on the parcel. The site is located west of Route 29, and across from the Charlottesville-Albemarle airport. The Deerwood subdivision is located to the south of the property. (See Attachments A and B)

 

 

SPECIFICS OF PROPOSAL 

The applicant is requesting to rezone property located at 1540 Airport Road from CO zoning district to C-1 zoning district. This request includes proffers that would limit the use to CO uses and a few C-1 uses that are less intensive and appropriate for this location, including a veterinary hospital. A special use permit is also being requested because the applicant is proposing to relocate and expand the V.E.T.S. Animal Emergency Care Clinic, which has been located at 370 Greenbrier Dr. to this location. The existing building at this new location will house the animal clinic. The applicant has indicated that this location is centrally located for her existing clients, as well as potential new clients, and that V.E.T.S. is currently the only after–hours animal emergency care facility in Albemarle County. (See Attachment C)

 

The special use permit utilizing the existing building will allow the applicant to relocate and expand her growing business into a larger space. This is proposed to be a 24-hour emergency animal critical care and referral facility. The applicant has temporarily relocated this facility to another location until the rezoning and special use permit have been processed.  

 

APPLICANT’S JUSTIFICATION FOR THE REQUEST

The applicant has indicated that the relocation and expansion of this animal emergency care practice will allow her to continue providing after-hours emergency care for more patients, along with specialty care for small pets that is not currently available locally and sometimes requires owners to travel elsewhere to be evaluated and treated appropriately. The now central location will provide a readily accessible location for existing and new clients.

 

PLANNING AND ZONING HISTORY

SP2008-20 was a special use permit request to allow stand alone parking. The request was approved on October 8, 2008.

SDP1989-29 Airport Office Center was a request for approval of a final site plan to construct two (2) office buildings and associated parking on approximately 1.54 acres. This request was approved.

ZMA1984-10 was a request to rezone from RA-Rural Areas to CO-Commercial Office. This request was approved.

ZMA1983-22 was a request to rezone from RA- Rural Areas to C-1 Commercial. This request was denied. 

 

COMPREHENSIVE PLAN:

The Comprehensive Plan shows this area as Neighborhood Density in the Hollymead Community. The purpose/intent of the Neighborhood Density designation is to provide for a gross residential density of three (3) to six (6) dwelling units per acre, a range of dwelling unit types, and neighborhood-scale non-residential uses.

 

The proposed Places 29 Master Plan designates this area as Office/Research & Development (R & D)/Flex/Light Industrial. This designation allows a range of employment generating uses and is applied to the majority of the nonretail employment areas within the Places 29 area to create Employment Neighborhoods. These uses are expected to have the fewest impacts on surrounding uses (e.g., noise, vibrations, odors).

 

“Office” includes the typical commercial office buildings that may house a variety of users. The existing commercial building is a typical office building, in keeping with neighborhood scale structures and other similar neighborhood scale uses in this portion of Airport Road.   

 

The following Neighborhood Model principle is relevant to this request:

Mixture of Uses – This existing commercial parcel is one of a mix of uses in this part of the County. There are several retail, commercial and light industrial uses located nearby along Airport Road, as well as the residential neighborhoods of Deerwood and Abington Place on adjacent parcels.

 

The following Neighborhood Model principles are not met:

Relegated Parking – Existing parking is not quite relegated. One of the parking areas is located near the front of the parcel and to the side of the building. The rest of the parking on site is either located to the side or rear of the existing building. It should be noted that there is no new parking or building construction proposed as a result of this request.

 

Pedestrian Access – While a completed sidewalk is located on the north east entrance from Airport Road to the subject parcel, the northwest entrance to the parcel is showing only a portion of completed sidewalk located around the corner of Airport Road into the parcel. Ideally the sidewalk on the west side of the entrance would be completed to the applicant’s property line in order to complete the pedestrian access to this building. The applicant has agreed to provide a proffer that will address this issue.  

     

Relationship between the application and the purpose and intent of the requested zoning district

CO districts allow for a variety of office uses and supporting accessory uses and facilities. The CO district is intended as a transition between residential districts and other more intensive commercial and industrial districts. The C-1 districts are intended to permit more retail sales, service and public use establishments but not as many as Highway Commercial. It is intended that C-1 districts be established only within the urban area, communities and villages in the comprehensive plan. The C-1 district allows for veterinary office and hospital uses by special use permit.

 

Staff believes the proposal is consistent with the intent of the district and does serve as an appropriate service and public use within the Hollymead Community because of the proffered limitations.

 

Anticipated impact on public facilities and services

Staff does not expect this proposal to add additional new impacts to streets, schools, fire, rescue, and police.

 

Utilities – This building is currently not connected to public sewer. However, the applicant has committed to making sure the building is served by public sewer prior to commencing the use. A special use permit condition also addresses this issue.

Stormwater Management – There are no stormwater management concerns relating to this project.

 

Transportation – VDOT does not have concerns relating to this project. (See Attachment D)

 

The traffic to be generated by the animal hospital use is not substantially different from an office use, which has existed on this property. Staff does not anticipate neighborhood impacts from traffic because access to the property is directly off of Airport Road.   

 

Anticipated impact on cultural and historic resources

Staff is not aware of any changes to the cultural and historic resources of the area or County.

 

Anticipated impact on nearby and surrounding properties

Staff does not anticipate any significant impacts on nearby and surrounding properties. Although this is proposed to be an animal hospital and emergency care facility, the applicant does not anticipate any significant noise impacts. The applicant has explained that when animals arrive at her facility, they are usually very sick and not able to make a lot of noise. As requested by staff, the applicant has provided a variety of sound studies for this site, all of which have provided acceptable sound levels. The installation of a fence and landscaping adjacent to the residential district at the rear of the site will also help to attenuate any additional noise concerns.  The applicant will also install a fence around the outside animal walk area, which is adjacent to the building.  

 

Public need and justification for the change

The expansion and relocation of this proposed 24-hour animal emergency care facility will continue to provide a much needed service to area residents and their pets, particularly since it will be one of the only facilities of its’ type in the area. It will also provide additional employment opportunities in the County.

 

PROFFERS

The applicant proposes proffers (Attachment E) that would limit the use of this property to CO uses and a few C-1 uses that are less intensive for this location, such as fire and rescue squad stations, tailor, seamstress, drive-in windows serving or associated with permitted uses and veterinary office and hospital. The applicant also agrees to proffer the completion of the sidewalk on the west side of the entrance to the subject property line. While there are no additional substantive changes needed to the proffers, they are in need of technical changes. The changes to the proffers can be made between the Planning Commission and Board public hearing if the Planning Commission is satisfied that they do not need to see the proffers in their final form.

 

Waivers

The applicant is requesting a waiver of Chapter 18, Section 21.7 (C) of the Zoning Ordinance, which requires the maintenance of a 20 foot undisturbed buffer between residential and commercial properties in order to provide privacy and noise attenuation for residences from the activity of commercial uses.

 

Staff has requested the installation of a fence near the residential district at the rear of the existing building in order to provide privacy and noise attenuation for the adjacent residents. The applicant has committed to providing an approximately 8 foot tall treated solid wood privacy fence along the perimeter of the property adjacent to the residential properties for a buffer, sound attenuation and privacy.

 

The applicant will have to disturb the buffer temporarily in order to construct the required privacy fence. Staff recommends approval of the waiver because the proposed fence and landscape will provide a good buffer between the adjacent residential area and this existing commercial property. Recently there have been several waiver approvals such as this.

 

The applicant is also requesting a waiver of Section 5.1.11 (b) of the Zoning Ordinance, which states “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” The building in which the animal hospital would be located is less than 200 feet from the adjacent residential properties. The closest residential property line is approximately 70 feet from the rear of the animal hospital building. The applicant has also submitted an engineer’s report confirming that the building is soundproofed and that when studied, the decibels never exceeded the required 55 decibels. (See Attachment F)

 

Staff recommends approval of this waiver because the building is soundproofed and the applicant will be installing a fence with landscaping that will further attenuate the sound of the animal hospital. Other similar waivers have been recently granted for veterinary uses that are located within 200 feet of residential lots. (See Attachment G)

 

Staff Comment on SP 2008-67-Request for Veterinary Services Clinic Uses in the C-1 Commercial District

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?

No detriment to adjoining properties is anticipated from the requested veterinary hospital use.

 

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

The character of the zoning district is not proposed to change with the relocation of the veterinary hospital. In the past, the existing building has served as an office use for the airport; however, currently the building is vacant and has been for some time. The existing building will remain on the site with primarily internal changes being made to the building. Redevelopment of the site is not proposed. Staff does not anticipate the use of this building as a animal hospital to be any more intensive than an office use.

 

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

The proposed use is consistent with the intent of the C-1 zone, which is to permit limited retail sales, service and public use establishments. The applicant is further limiting the use of the property by providing proffers that would limit the use of this site to CO uses and a few C-1 uses that are less intensive for this location including a veterinary hospital. 

 

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

Uses allowed by-right in the C-1 District include a range of retail, and service uses. The veterinary hospital is not in conflict with any of these types of uses.  

 

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. As conditioned, the applicant will be installing an approximately 8 foot tall treated solid wood privacy fence along the perimeter of the property adjacent to the residential properties and around the canine elimination yard.

                               

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)

 

As described in the waiver section of this staff report, a request from the applicant has been made to modify this requirement.

 

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.

 

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 will be the only occupant of the building on the property. There is no need to impose any additional requirements for a separate building entrance. As previously mentioned, staff recommended conditions for the fenced in canine elimination area. 

 

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 are protected through the special use permit process which assures that the proposed use is appropriate in the location requested. There is no safety concern with the proposed veterinary services clinic use.

 

SUMMARY:

Staff has identified the following factors favorable to the rezoning and special use permit requested:

1.    The rezoning and special use permit are consistent with the Land Use Plan.

2.    The rezoning and special use permit will provide the veterinary hospital use an opportunity to expand and relocate to a central location convenient for clients. 

3.    The veterinary hospital will provide a 24 hours/day service instead of the current hours, which are only after business hours.

Staff has identified the following factors unfavorable to this request:

1.    The proffers need to be technically accurate.

2.    Pedestrian access is not complete to this facility. However the applicant agrees to provide a proffer that will address the pedestrian access.

 

RECOMMENDED ACTION:

 

ZMA 2008-007

Staff recommends approval of this rezoning provided that the proffers (Attachment E) are revised and are technically and legally acceptable prior to the Board of Supervisors public hearing, including a commitment to complete the sidewalk on the west side of the entrance to the applicant’s property line.

 

Staff recommends the following conditions for approval for the requested special use permit, should the rezoning be approved:

 

SP 2008-067

  1. Development of the use shall be in accord with the concept plan, entitled “Proposed Fencing” prepared by Gorman Architects, PLC, dated June 20, 2009 (the “Plan”), as determined by the Director of Planning and the Zoning Administrator. To be in conformity with the Plan, development shall reflect the following elements only and all other elements of the Plan may be modified during site plan review and approval: general location of parking areas, buffer and screening from adjacent residential properties, the outdoor dog exercise yard and the canine elimination yard. Minor modifications to the plan which do not conflict with the elements above may be made to ensure compliance with the Zoning Ordinance.
  2. This special use permit applies to the existing building and any new buildings for the veterinary use will require a new special use permit.  
  3. The opening of any windows shall be prohibited.
  4. Dogs may be walked only in the outdoor dog walk area.
  5. No animals shall be boarded overnight or groomed, except for those animals under medical care at the veterinary hospital.
  6. The use shall not commence until the building located at 1540 Airport Road is served by public sewer.
  7. An 8 foot tall treated solid wood privacy fence in a cabot slate gray #1445 stain for pressure treated wood shall be constructed and maintained along the full perimeter of the property adjacent to the residential properties. The existing trees and landscape along the perimeter of the property adjacent to the residential properties shall not be disturbed. Screening requirements shall comply with Section 32.7.9.8 Screening of the Albemarle County Code.  
  8. An 8 foot tall treated solid wood privacy fence in a cabot slate gray #1445 stain for pressure treated wood shall be constructed and maintained to enclose the canine elimination yard shown on the Plan. 

 

Waivers

Staff recommends:

1)    A waiver of Chapter 18, Section 21.7 (C) of the Zoning Ordinance, which requires the maintenance of a 20 foot undisturbed buffer between residential and commercial properties; and

2)    A waiver of Section 5.1.11 (b) of the Zoning Ordinance, which requires soundproofed confinements not be located closer than two hundred (200) feet to any agricultural or residential lot line, and which requires the soundproofed confinements, noise measured at the nearest agricultural or residential property line not exceed fifty-five (55) decibels” be approved.

 

ATTACHMENTS

Attachment A – Location Map

Attachment B – Tax Map

Attachment C – Concept Plan, entitled “VETS Emergency Animal Hospital” prepared by Animal Arts Mark R. Hafen, Architect, dated June 1, 2009

Attachment D – Electronic mail from Joel DeNunzio, dated October 8, 2009

Attachment E - Revised Proffer Statement dated September 1, 2009

Attachment F – Sound Study letters from John McNair, dated July 15, 2009, June 30, 2009, and May 29, 2009

Attachment G – Waiver Request letters from Sara Salmon, dated July 20, 2009 and August 24, 2009

Return to PC actions letter