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HomeMy WebLinkAbout03-10 BOS Staff Report CONDITIONAL USE PERMIT #03-10 ANIMAL MEDICAL CENTER Staff Report for the Board of Supervisors Prepared: May 12, 2010 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 05/05/10 Recommended approval Board of Supervisors: 05/26/10 Pending EXECUTIVE SUMMARY: This is to allow for a building expansion and parking associated with the conditions set forth by Conditional Use Permit #06-95. The Planning Commission recommended approval of this application with modifications to the following conditions, which are shown in bold print: 1. All review agency comments shall be complied with at all times. 2. A monument type business sign, not exceeding six feet in height and 20 feet in face area, shall be allowed. 3. A matching six foot opaque fence shall be constructed on the north side of the property, between the building additions and the parking areas along the north property line, and the fence shall also be erected along the east side of the property, if desired by the adjoining residents on the east side. 4. Only animals required to be hospitalized for medical reasons shall be boarded overnight. 5. Animals recovering at the facility will only be permitted in the outside area for brief exercise periods. 6. Total building footprint shall not exceed 12,500 square feet. 7. An engineered site plan shall be submitted and approved by Frederick County. 8. Any expansion or change of use will require a new Conditional Use Permit. CUP #03-10, Animal Medical Center May 12, 2010 Page 2 LOCATION: This property is located at 689 Aylor Road (Route 647). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 75-A-38 PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RP (Residential Performance) Land Use: Residential South: RP (Residential Performance) Land Use: Residential East: RP (Residential Performance) Land Use: Residential West: B-1 (Business, Neighborhood) Land Use: Church PROPOSED USE: This application is to allow for a building expansion and parking associated with the conditions set forth by Conditional Use Permit #06-95. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 647, the VDOT facility which would provide access to the property. Existing entrance is adequate for proposed use. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT commercial standards. Frederick County Fire Marshall: Plans are approved with the addition of a fire hydrant to meet County Code 90-4 E (2). In areas developed with single family detached or duplex dwelling units, there shall be a fire hydrant within 400 feet of all units. In areas developed with three to five dwelling units per structure, there shall be a hydrant within 300 feet of all units. In areas developed with six or more dwelling units per structure, there shall be at least two hydrants within 300 feet of all units. In areas developed with industrial or commercial developments, there shall be a hydrant within 300 feet of all portions of any structure. Where one hydrant is dedicated to the operation of a standpipe system, there shall be at least one other hydrant meeting the distance requirements set forth above. The hydrant dedicated to the operation of the CUP #03-10, Animal Medical Center May 12, 2010 Page 3 standpipe system shall not be farther than 50 feet from the standpipe. Distance measurements under this section shall be along center-line roadway surfaces or along surfaces meeting the requirements of a fire lane (designated or undesignated) where appropriate, but in all cases access to each hydrant shall be directly from a roadway and/or fire lane. Frederick County Inspections: Addition shall comply with The 2006 Virginia Uniform Statewide Building Code and Section 304, use group B (Business), of the International Building Code/2006. Other Code that applies to IBC/ANSI A117.1-03 Accessible and Usable Buildings and Facilities. Building is required to be equipped with an accessible route (elevator) to floors exceeding 3,000 sq. ft. per Chap 11 IBC. New parking area shall meet the handicap parking quantities as required by T1106.1. HC Parking Signage per USBC 1106.8. Accessible route from parking to entrance is required. ANSI 20% rule shall apply for improvements. This type structure shall be subject to special inspections according to Chapter 17 of the IBC (soils, concrete, etc.). Frederick County Sanitation Authority: No comment. Planning and Zoning: Veterinary offices are a permitted use in the RP (Residential Performance) zoning district with an approved Conditional Use Permit (CUP). This property currently has a Conditional Use Permit (CUP #06-95), approved by the Board of Supervisors on August 9, 1995, for a veterinary hospital. Currently, the building foot print is approximately 3,500 square feet. The applicant is applying for an expansion of Conditional Use Permit 06-95 for a building addition of no more than 12,550 square feet of total building foot print of all of the buildings on the property. A new site plan will be required with this building addition, updating the site to meet the current ordinance requirements, which includes parking. The property is surrounded by RP (Residential Performance) zoned properties and has been in operation for 15 years with no history of complaints or zoning violations. The original conditions of this CUP will be void and new conditions will be assigned to bring the use into conformance with the current ordinance. A copy of the original conditions is included with the staff report. STAFF CONCLUSIONS FOR THE 05/05/10 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: 1. All review agency comments shall be complied with at all times. 2. A monument type sign business not exceeding six feet in height and 20 feet in face area shall be allowed. CUP #03-10, Animal Medical Center May 12, 2010 Page 4 3. A six foot opaque fence shall be constructed between the building additions and the parking areas along the north property line. 4. Only animals required to be hospitalized for medical reasons shall be boarded overnight. 5. Animals recovering at the facility will only be permitted in the outside area for brief exercise periods. 6. Total building area shall not exceed 12,500 square feet. 7. An engineered site plan shall be submitted and approved by Frederick County. 8. Any expansion or change of use will require a new Conditional Use Permit. PLANNING COMMISSION SUMMARY AND ACTION OF THE 05/05/10 MEETING: Nine citizens came forward to speak about the proposed addition to the veterinary facility. Three of the nine had concerns and/or were in opposition and six spoke in favor of the facility and the expansion. The three citizens with concerns said the existing structure with the barn-style roof was twice the size of any house in the area and was not visually appealing; they were concerned about the visual impact of increasing its size. There were concerns about animal waste on the north side of the building where the ditch overflows and stormwater runoff was a problem. They also voiced concerns about odors, noise, lighting, stray animals, and disrepair of the existing fence. The six citizens who spoke in favor stated they had not experienced any odors, poor sanitation, or noise; they liked having the facility in the neighborhood because they had pets; adjacent residents said the clinic had been a good neighbor; a few of the citizens had known the veterinarians for a number of years and spoke highly of their character and integrity. One of the co-owners of the clinic, Dr. Bruce E. Welch, DVM, stated that due to advanced technology in veterinary medicine, they are hoping to add a second operating room to conduct ultra-clean procedures and to develop a full rehabilitative therapy department. He did not intend on adding additional staff or veterinarians at this time. Addressing some of the concerns raised, Dr. Welch presented a letter from Frank R. Lee, a licensed soil evaluator and a former Health Department official who determined there was no evidence of a health hazard on the property or any violation under current regulations. Dr. Welch said a staff member is assigned to pick up animal waste on a daily basis. In addition, he was willing to fence not only the north side of the property, but also the east side, and to replace the existing privacy fence which was in disrepair. He did not think the odors, noise, stray animals, or traffic problems were being generated at his facility. CUP #03-10, Animal Medical Center May 12, 2010 Page 5 The Opequon District Commissioner said he visited the site twice because of numerous communications he received from neighbors. His impression was that the facility was one of the best-kept veterinarian clinics he has been around; the lot was extremely well kept; he could not find any animal waste anywhere on the lot; he did not find any evidence of drainage running from the clinic into neighbors’ yards; he did not smell any offensive odors, nor did he hear any noise. He suggested that a matching six-foot opaque fence be constructed along the full north side of the property and along the east side of the property, if the neighbors on that side wanted it. Another Commissioner suggested revised wording on Condition #6 by replacing “building area” with “building footprint.” Commissioners also believed that many of the concerns raised could be satisfactorily addressed during the site plan stage. The Planning Commission voted unanimously to recommend approval of CUP #03-10 of the Animal Medical Center with the following conditions: 1. All review agency comments shall be complied with at all times. 2. A monument-type business sign, not exceeding six feet in height and 20 feet in face area, shall be allowed. 3. A matching six-foot opaque fence shall be constructed on the north side of the property, between the building additions and the parking areas along the north property line, and the fence shall also be erected along the east side of the property, if desired by the adjoining residents on the east side. 4. Only animals required to be hospitalized for medical reasons shall be boarded overnight. 5. Animals recovering at the facility will only be permitted in the outside area for brief exercise periods. 6. Total building footprint shall not exceed 12,500 square feet. 7. An engineered site plan shall be submitted and approved by Frederick County. 8. Any expansion or change of use will require a new conditional use permit. The unanimous vote was as follows: YES (TO APPROVE): Unger, Ambrogi, Manuel, Crockett, Thomas, Madagan, Kriz, Triplett, Lemieux, Mohn, Wilmot ABSTAIN: Oates, Crosen