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08SN0139 No'/ember 20,2007 CPC January 9, 2008 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDA TION 08SN0139 Colony Crossing LLC Clover Hill Magisterial District West line of Charter Colony Parkway REQUEST: Amendment to Conditional Use Planned Development (Case 86S117) to permit a veterinary hospital without outside runs. PROPOSED LAND USE: A veterinary hospital without outside runs is planned. With approval of this request, uses would be limited to those uses permitted by Case 86S 11 7 plus a veterinary hospital without outside runs. PLANNING COMMISSION RECOMMENDATION RECOMMENDS APPROVAL SUBJECT TO THE CONDITION ON PAGE 2. STAFF RECOMMENDATION Recommend approval for the following reasons: A. The proposed zoning and land uses conform to the Upper Swift Creek Plan which suggests the property is appropriate for community mixed use uses. B. The proposed zoning and land uses are representative of and compatible with existing and anticipated area development. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY PROFFER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFF" Providing a FIRST CHOICE community through excellence in public service ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.) CONDITION (STAFF/CPC) In addition to those uses permitted by Case 86SN117 within the Medium Density Office/Commercial Retail (MDO/CR) Tract, veterinary hospitals exclusive of outside runs shall be permitted. (P) (NOTE: This condition is in addition to the Textual Statement, Item VI.E.4, of Case 86S117 relative to permitted uses in the MDO/CR Tract for the subject property.) GENERAL INFORMATION Location: West line of Charter Colony Parkway, south of Old Hundred Road. Tax ID 728-691-0334. Existing Zoning: C-2 with Conditional Use Planned Development Size: 5.7 acres Existing Land Use: Commercial Adiacent Zoning and Land Use: North - C-2 with Conditional Use Planned Development; Commercial South and East - R-7; Single family residential West - 1-1 with Conditional Use Planned Development; Office UTILITIES Public Water System: The public water system is available to serve the request site. A twelve (12) inch water line extends into the request site from an existing twelve (12) inch water line in Tredegar Lake Parkway. The on-site twelve (12) inch line then reduces down to an eight (8) inch line within Colony Crossing. Use of the public water system is required by County Code. 2 08SN0139-]AN9-BOS-RPT Public Wastewater System: The public wastewater system is available to serve the request site. There is an existing eight (8) inch wastewater collector line extended from Garrison Place Drive to serve Colony Crossing. Use of the public wastewater system is required by County Code. ENVIRONMENTAL Drainage and Erosion: This request will have a minimal impact on these facilities. PUBLIC FACILITIES Fire Service: The Swift Creek Fire Station 16, and Manchester Volunteer Rescue Squad currently provide fire protection and emergency medical service. This request will have a minimal impact fire and EMS. Transportation: This request will have a minimal impact on the anticipated traffic generated by development on this property. LAND USE Comprehensive Plan: Lies within the boundaries of the Upper Swift Creek Plan which suggests the property is appropriate for community mixed uses. Area Development Trends: The subject property is part of the Colony Crossing Shopping Center. Surrounding properties to the east are zoned Light Industrial (1-1) with Conditional Use Planned Development as part of the Waterford development and are developed as office uses or remain vacant. Properties to the west are zoned Residential (R - 7) as part of the Brandermill development. As currently zoned, it is anticipated that properties surrounding the intersection of Charter Colony Parkway and Old Hundred Road will continue to develop for a mix of non-residential uses. 3 08SN0139-]AN9-BOS-RPT Zoning History: On August 27, 1986, upon a favorable recommendation by the Planning Commission, the Board of Supervisors approved a rezoning from Agricultural (A) to Light Industrial (M-l), from Light Industrial (M-l) to Residential Multifamily (R-MF) plus a Conditional Use Planned Development on these tracts plus existing Light Industrial (M-l) and Convenience Business (B-1) tracts, for a total of 243 acres (Case 86S 117). A mixed use development to include multifamily residential, office, commercial and industrial uses was planned. The subject property was designated as an Medium Density Office/Commercial Retail (MDO/CR) Tract on the approved master plan (attached). This tract permitted most Convenience Business (B-1) uses and a few Community Business (B-2) and General Business (B-3) uses. Veterinary clinics and hospitals were not included among these permitted uses. On October 26, 2005 and October 25, 2006, the Board of Supervisors, upon a favorable recommendation by the Commission, approved amendments to Case 86SNO 11 7 on two separate parcels within the Colony Crossing Shopping Center to permit veterinary hospitals without outside runs (Cases 05SN0315 and 06SN0334). These parcels are adjacent to, or within close proximity of, the subject parcel. Development Standards: The request property lies within an Emerging Growth District Area. Unless otherwise specified by conditions of Case 86S117, development must conform the Emerging Growth District requirements which address access, parking, landscaping, architectural treatment, setbacks, lighting, pedestrian access, signs, buffers, utilities and screening of dumpsters and loading areas. As previously noted, this site is developed as part of the Colony Crossing shopping center project. Uses: Currently, the Zoning Ordinance permits veterinary clinics within the Neighborhood Business (C-2) District. Veterinary clinics do not permit the boarding of animals, the overnight care of animals or outside runs. Veterinary hospitals, first permitted in the Community Business (C-3) District, permit boarding, overnight care and outside runs. The applicant proposes to operate a veterinary hospital from this location to accommodate the overnight care of animals without the use of outside runs. (Condition) CONCLUSION The proposed zoning and land uses conform to the Upper Swift Creek Plan which suggests the property is appropriate for community mixed use uses. The conditioned exclusion of outdoor runs associated with the proposed veterinary hospital limits any negative impacts of this use upon area properties. In addition, the proposed zoning and land uses are representative of, and compatible with, existing and anticipated area development. 4 08SN0139-]AN9-BOS-RPT Given these considerations, approval of this request is recommended. CASE HISTORY Planning commission Meeting (11/20/07): The applicant accepted the recommendation. There was no opposition present. On a motion of Mr. Gulley, seconded by Mr. Wilson, the Commission recommended approval subject to the condition on page 2. AYES: Messrs. Gecker, Gulley, Bass, Litton and Wilson. The Board of Supervisors, on Wednesday, January 9, 2008, beginning at 6:30 p.m., will take under consideration this request. 5 08SN0139-]AN9-BOS-RPT This page is blank. . . . . u . . C\J . I I 0 I I I I - - C\J I 0 ~ I a:: C\J I o ~PKW ~~ &<0 ~ . . . . . . . . 1----_-- C\J ' . I --.. . .. . . I rl . I . I . . . O. 0:: o W 0:: o Z :) J: o ...J o I --------_____ I ...... .