COUNTY OF ALBEMARLE

 

EXECUTIVE SUMMARY

 

 

AGENDA TITLE:

Ordinance to amend County Code Chapter 4, Animals and Fowl, Article II, Dogs, Section 4-200, Running at Large Prohibited

 

SUBJECT/PROPOSAL/REQUEST:

Public hearing to receive comments on a proposed ordinance to designate the Montvue Subdivision as an additional Rural area of the County where it is unlawful for the owner of any dog to permit such dog to run at large

 

STAFF CONTACT(S):

Messrs. Tucker, Foley, Davis, and Miller  

 

LEGAL REVIEW:   Yes

 

 

AGENDA DATE:

October 7, 2009

 

ACTION:         X                      INFORMATION:   

 

CONSENT AGENDA:

  ACTION:                            INFORMATION: 

 

 

ATTACHMENTS:   Yes

 

 

REVIEWED BY:

 

BACKGROUND:

Virginia Code Section 3.2-6538 authorizes governing bodies of counties to prohibit dogs from running at large.  Section 4-200 of the Albemarle County Code prohibits the owner of any dog to permit such dog from running at large in the county except in those areas zoned Rural Areas District; however, property owners within a Rural Areas District may petition the Board of Supervisors to extend such restrictions to their land.  The Board has previously approved seventeen (17) requests for extension of these restrictions for Rural Areas District property.  In weighing such requests, the Board has considered whether:  1) the land area can be readily identified and 2) the majority (51% or more) of property owners of the area sign a petition requesting that the Board add that area to the list. 

 

STRATEGIC PLAN:

Goal 1: Enhance the Quality of Life for All Citizens

 

DISCUSSION:

The property owners of 18 of the 36 lots in Montvue Subdivision signed a Petition requesting that the Board designate Montvue Subdivision as an area where it is unlawful for the owner of any dog to permit such dog to run at large in the Rural Areas District.  The owners of TMP 60-69C (2802 Magnolia Drive) also signed the Petition, although that parcel is technically not part of Montvue Subdivision.  The President of the Montvue Citizens Association submitted the Petition and a color-coded plat drawing indicating the property owners’ positions to the Clerk of the Board as required (Attachment B).  The owners of 10 lots were opposed or could not be contacted.  The Virginia Department of Transportation owns eight lots and was not contacted.  The Association’s request states that VDOT owns seven lots, however, TMP 60B-0A-6A was subdivided, and VDOT acquired TMP 60B-0A-6A1, a small parcel acquired as part of the right-of-way acquisitions by VDOT.  Seven of the VDOT lots have rental housing located on them.  A copy of the most recent subdivision plat, which was recorded in the Albemarle County Circuit Court in 1956, as well as two subsequent plats adding three additional lots to the subdivision, are attached (Attachment C).

 

If the Board wishes to designate Montvue Subdivision, including TMP 60-69C, as an area where it is unlawful for dogs to run at large, an ordinance amendment to Section 4-200 of the County code is required.  A draft ordinance designating that area is attached (Attachment A).  A GIS map showing the property proposed for designation is also attached (Attachment D).

 

The attached draft ordinance also includes minor clerical changes to the descriptions of the existing designated areas for consistency and to correct previous clerical errors.

 

BUDGET IMPACT:

This ordinance does not have any anticipated budget impact.

 

RECOMMENDATION:

Staff recommends that, after the public hearing, if the Board wishes to designate Montvue Subdivision, including TMP 60-69C, as an area where dogs are prohibited from running at large, that it adopt the attached ordinance.

 

ATTACHMENTS

A – Draft Ordinance

B – Montvue Subdivision Property owners’ petition and plat

C – Three recorded subdivision plats

D – GIS map

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