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Variance request approved by BOA/SWBOA for pet hospital – Now goes to MPC/DRC

Proposed location for Banfield Pet Hospital, between LA Fitness on the left, and the strip shopping center on the right

A variance request for a Banfield Pet Hospital in Lakeland was approved in a 4-0 vote by the Board of Appeals/Stormwater Board of Appeals (BOA/SWBOA) Monday (5.16.20) in a virtual meeting because of COVID-19.

Link to agenda: https://www.lakelandtn.gov/ArchiveCenter/ViewFile/Item/910

The building, projected to be about 4,000 square feet, now goes to the Municipal Planning Commission/Design Review Commission for review and approval of a site plan and subdivision plat application, according to Forrest Owens, planning consultant for Lakeland.

The motion was to permit neighborhood office use, in this case a pet hospital, to be located on the ground floor in a C-2 Commercial District building. The property was approved and recorded in 2006 as a site plan for Starbucks but never developed.  On January 21, the pet hospital variance request was reviewed by the BOA and rejected.

The Land Development Regulations (LDR) do not allow a neighborhood office/vet clinic to be located on the ground floor of a district zoned C-2.

The property is adjacent to 8950 U.S. Highway 64, west of Dryve Cleaners and east of LA Fitness.  The applicant is Carolinas Land Company LLC in Charlotte NC.  Owner of the property is Highway 64 Partners, LP in Memphis

In asking for the variance, the applicant, Jackson Hughes, said the first issue is practicality.  It would be difficult for customers with an injured or sick animal weighing 50+ pounds to carry the animal up a flight of stairs for treatment. Secondly, said Mr. Hughes, there are other veterinarian uses in Lakeland on the ground level, thus creating a competitive disadvantage.

Examples of exterior photos of Banfield Pet Hospital

Commissioner Wesley Wright, who serves on the BOA/SWBOA, asked if the development is separate or connected to the strip mall which includes Lenny’s Grill and Subs. Ralph Falls representing the applicant said it is not connected. Commissioner Wright noted there would be an opportunity to make suggestions about the design of the facility once it goes to MPC/DRC.

Resident Jay Dorning asked why the business was asking for a variance when they could increase the facility size to 5,000 square feet and be considered “general office” without a variance.  Mr. Dorning said he thought the variance would create unfair competition to The Pet Hospitals already in Lakeland.  He also had concerns about traffic on the service road going into LA Fitness.

Mr. Hughes said that to fit the “general office” category, it would take more than the square footage minimum. “There is a minimum employee count to get to ground level.  It is ambiguous.”

BOA member Zachary Coleman questioned if dogs might wander from the facility and use other properties as a bathroom stop and also asked about required parking spaces.  Mr. Hughes said there would be several measures in place including plastic bag stations and all animals being leashed. Mr. Owens said the parking requirement is based on square footage of the building.

Dexter Muller, economic development consultant for Lakeland, offered positive commentary on the project, saying the requirement for office space on the second floor is very peculiar.  “It doesn’t make sense today.  The City of Lakeland is trying to build a tax base.” This business will bring in property tax as well as sales tax revenue, he said.

Of the Pet Hospitals, Mr. Muller said he believed that particular business wanted a 5,000-square-foot building when constructing their new facility.

Member Patrick Kitchens asked if the hospital would provide boarding facilities and was told it would be a veterinary hospital with a retail sales component.  Commissioner Wright asked where dogs would stay after surgery.  Mr. Hughes said surgery is scheduled in the mornings and if there was an emergency and a pet required an overnight stay, a nurse and veterinarian would stay with the animal.

From Commissioner Wright, “Knowing that development along 64 has already posed a problem with traffic, asphalt frontage and hodgepodge designs, we will push for a good Planned Development for that area between LA Fitness and the strip mall, so that it appears cohesive, upscale and walkable.”