HomeMy WebLinkAboutSP200700044 Executive Summary Zoning Map Amendment 2007-11-29COUNTY 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 1):
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.
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 ll: Staff Report dated December 11, 2007
ATTACHMENT III: Application Plan, revised November 6, 2007