COUNTY OF ALBEMARLE

 

EXECUTIVE SUMMARY

 

 

AGENDA TITLE:

SP 2007-044 SPCA Amendment

 

SUBJECT/PROPOSAL/REQUEST:

Request for a Special Use Permit to allow construction of outside fenced dog exercise areas on TMP 45-86, with conditions.

 

STAFF CONTACT(S):  Cilimberg, Wiegand

 

LEGAL REVIEW:   NO

 

 

AGENDA DATE:

January 9, 2008

 

ACTION:     X          INFORMATION: 

 

CONSENT AGENDA:

  ACTION:             INFORMATION: 

 

 

ATTACHMENTS:   YES


 

BACKGROUND: 

On August 9, 2000, the Board adopted ZMA 2000-005 to allow the SPCA to use the site. On the same date, the Board approved SP 2000-022, with conditions, for operation of an animal shelter on the site.

 

On December 11, 2007, the Planning Commission held a public hearing on the special use permit request to construct outside fenced dog exercise areas at the SPCA’s current facility on Berkmar Drive. The Commission asked for three changes to the conditions of approval. First, the Commission wanted the hours that dogs would be walked/exercised outside to correspond to the hours of operation, from 8:00 am to 7:00 pm. Second, the Commission wanted the condition to require that dogs outside be supervised at all times. Third, the Commission wanted screening specified between the SPCA and residentially zoned property to the north. The Commission unanimously recommended approval with the following seven conditions, as listed in the Action Memo (Attachment I):

1.       Planning Department approval of a tree conservation plan for the areas located along the Berkmar Drive road frontage in order to preserve existing trees and provide shade and shelter for people and animals.

2.       An evergreen screen consisting of a double row of trees planted  15’ on center, to conform with ordinance requirements, shall be provided between the dog pens and the adjacent residential property. 

3.       Fundraising activities and other special events shall not occur unless a zoning clearance has been issued by the Department of Community Development.

4.       The site shall be developed in accord with the attached site plan entitled “Charlottesville/Albemarle S.P.C.A. ZMA 2000-005, SP 2000-022, revised November 6, 2007.”

5.       Animals may be walked and/or exercised outside only between the hours of 8:00 am and 7:00 pm. While animals are outside, they must be supervised.

6.       Uses shall be limited to an animal shelter and a veterinary hospital with associated offices only.

7.       Fencing shall be of the material identified and installed in the locations shown on the plan entitled “Charlottesville/Albemarle S.P.C.A. ZMA 2000-005, SP 2000-022, revised November 6, 2007.”

 

The Commission also unanimously approved two waivers with  this SP:

  1. Waiver of Section 5.1.11 of the Zoning Ordinance to allow construction of non-soundproofed animal confinements (the fenced exercise areas) less than 500 feet from the lot line of a residential district and to allow use of a fencing material that is not solid masonry or similar material around the non-soundproofed animal confinements.
  2. Modification of the  20-foot buffer along the boundary with property owned by Foundations LLC to allow for a fence and path.

 

Attachment I contains the Commission’s action memo.  Attachment II is the staff report reviewed by the Planning Commission. Attachment III is the Application Plan, revised November 6, 2007.

 

DISCUSSION:

Following the Commission’s meeting, staff, including zoning and the county attorney, reviewed the conditions and recommended further changes. Staff’s recommended conditions are:

1.       A Tree Conservation Plan shall be submitted for those areas shown as Tree Conservation Areas on the attached plan entitled “Charlottesville/Albemarle S.P.C.A. ZMA 2000-005, SP 2000-022, revised November 6, 2007.”

Staff believes that this language better specifies the area intended for the tree conservation plan.

 

2.       At least one row of screening evergreens trees shall be planted 15’ on center along the north side of the property.

The applicant has shown one row of screening evergreens on the application plan along the north side of the property. While the Commission expressed concern for adequate screening between the SPCA and residentially zoned property to the north, staff notes that the property to the north is owned by VDOT and that both the current Comprehensive Plan and the draft Places29 Master Plan show this area as nonresidential. Staff believes that this property is unlikely to develop residentially, so a single row of evergreens, as proposed by the applicant, will be appropriate screening.

 

3.       Fundraising activities and other special events shall not occur unless a zoning clearance has been issued by the Department of Community Development. [same as the condition recommended by the Planning Commission]

 

4.       The site shall be developed in accord with the attached site plan entitled “Charlottesville/Albemarle S.P.C.A. ZMA 2000-005, SP 2000-022, revised November 6, 2007.” [same as the condition recommended by the Planning Commission]

 

5.       Animals may be walked and/or exercised outside only between the hours of 8:00 am and 7:00 pm. While animals are outside, they must be supervised and be on a leash if outside the fenced area or contained within a fenced area if not on a leash.

This condition is the same as that approved by the Commission, except that staff added the phrase “and be either on a leash if outside the fenced area or contained within a fenced area if not on a leash” to further define “supervised.“

 

Staff deleted the Commission’s recommended Condition 6 that restricted the uses because staff believes that the current special use permit limits the SPCA to an animal shelter.

 

6.       Fencing shall be of the material identified and installed in the locations shown on the plan entitled “Charlottesville/Albemarle S.P.C.A. ZMA 2000-005, SP 2000-022, revised November 6, 2007.” [renumbered, otherwise the same as the condition recommended by the Planning Commission]

 

 

RECOMMENDATIONS:

Staff recommends approval of SP 2007-044, SPCA Amendment, with the six conditions listed above in the Discussion section.

 

ATTACHMENTS:

ATTACHMENT I:            Planning Commission Action Memo for December 11, 2007

ATTACHMENT II:           Staff Report dated December 11, 2007

ATTACHMENT III:          Application Plan, revised November 6, 2007 (on file in Clerk's office)

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