HomeMy WebLinkAboutZMA200000005 Staff Report Zoning Map Amendment 2000-07-11STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
Eric L. Morrisette, AICP
July 11, 2000
August 9, 2000
ZMA 2000-005 Albemarle SPCA (New Shelter, and
SP 00-022 Albemarle SPCA (New Shelter)
Applicant's Proposal:
The applicant is proposing to rezone approximately 5.88 acres from R-4, Residential, to C-1,
Commercial, to accommodate the construction of a new animal shelter. The applicant is
subsequently seeking a special use permit to allow for the veterinary hospital and animal shelter
in the C-1 district. The new animal shelter will replace the existing shelter, which will be
demolished with the construction of the Route 29 Western Bypass.
Petition:
ZMA 2000-05 Albemarle SPCA (New Shelter)
Petition for Board of Supervisors approval to rezone 5.88 acres from R-6, Residential, to C-1,
Commercial, to support the construction of a new facility (Attachment Q. The site is located at
the existing SPCA [Society for the Prevention of Cruelty to Animals] Animal Shelter, on 9.1
acres zoned R-6, Residential. Property, described as Tax Map 45, Parcel 86, is located between
Woodlands Road and Berkmar Drive Extended, at the existing facility (Attachment A). This site
is located in the Rio Magisterial District and Neighborhood 1 of the Comprehensive Plan and is
recommended for Transitional Use. Attachment B is a reduced copy of the preliminary site plan.
SP 00-022 Albemarle SPCA (New Shelter)
Petition for Board of Supervisors to grant a special use permit to allow for a veterinary hospital,
with associated offices [Section 22.2.2.5 of the Zoning Ordinance], and an animal shelter
[Section 22.2.2.13 of the Zoning Ordinance] (Attachment D). The site is the same as described
above.
Character of the Area:
The area surrounding the property to the south and north is R-6, Residential, which is currently
comprised of low density residential, with interspersed houses. The property to the west, across
Woodlands Road, is zoned RA, Rural Areas. The adjacent property to the south along Berkmar
Drive is zoned C-1, Commercial, and is the site of a small print shop. Property also zoned C-1 is
located across Berkmar Drive to the east and is the site of Planet Fun and the UVA Credit Union.
The subject property is currently developed with an existing animal shelter, outdoor kennels,
veterinary hospital and offices, pet cemetery, and associated barns and storage buildings. The
site is currently accessed off of Woodburn Road. Berkmar Drive abuts the subject property to
the east. The Berkmar Drive frontage portion of the property, which is subject to the above -
mentioned petitions, is primarily wooded.
RECOMMENDATION:
Staff has reviewed this request for compliance with the Comprehensive Plan and Zoning
Ordinance and recommends approval of both the rezoning request and the special use permit
request.
Planning and Zoning History:
The existing SPCA was constructed prior to the 1980 Zoning Ordinance and, therefore, has a
limited history file.
Comprehensive Plan:
The land use designation for this application is Transitional Use, which allows for a variety and
mix of uses including Urban Density Residential, Office Service and Neighborhood Service uses.
Transitional Use areas are intended to be used primarily between residential areas and
commercial or industrial areas, or in areas where flexibility of land uses may be necessary or
appropriate to blend changing circumstances (where long-term public improvements are
anticipated...). This area was designated Transitional to provide flexibility in uses to address the
potential impact of the construction of the Route 29 Western Bypass. The Bypass will physically
separate the new SPCA from the residential/rural areas to the west. In fact, the Bypass itself will
prove to be more intrusive on such sensitive areas than the animal shelter. Maintaining the SPCA
facility in this location is not considered inconsistent with the Comprehensive Plan designation.
Open Space and Critical Resources Plan:
Except for the immediate area surrounding the existing facility, the majority of the site is
categorized as Important Wooded Area The wooded area is predominantly comprised of large
deciduous trees. The proposed SPCA will entail clearing most of the existing trees. Staff notes
that the proposed Route 29 Western Bypass will also involve clearing, although not as significant
on the subject parcel. However, the Route 29 Western Bypass road alignment will destroy a
significant number of trees on the adjacent parcels, particularly along the ridgeline, which are
also categorized as Important Wooded Areas. Therefore, Staff finds that the construction of the
Route 29 Western Bypass will have a more significant impact on the overall important wooded
area than the proposed SPCA itself.
It is staff opinion that among the reasons the Important Wooded Area was categorized as such
due to its value in buffering the intense commercial area to the east from the residential/rural area
to the west. Although the Route 29 Western Bypass alignment essentially negates the purpose of
the trees, staff has identified an area of trees that is significant and should remain. There is a
small 30-foot strip of trees along the Berkmar Drive frontage that can be preserved. Except for
the installation of utilities, the trees can remain relatively untouched and therefore provide a
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sizable buffer from Berkmar Drive. The trees will not only provide a visual amenity, but will
also assist in diminishing noise coming from the SPCA. Therefore, staff is recommending as a
condition of approval for the Special Use Permit (Condition 1) that the applicant submit a tree
conservation plan for the area located along the Berkmar Drive frontage and have such plan
approved by the Planning Department at the time of Final Site Plan review.
Staff Analysis:
The applicant is requesting a rezoning and a special use permit, which are discussed separately as
follows:
ZMA 2000-05.
The applicant is requesting to rezone 5.88 acres from R-6, Residential, to C-1, Commercial. The
total acreage of the current parcel is 9.1 acres. Excluding the VDOT taking of land for the
Western Bypass, a small portion of residual property (approximately 0.55 acres) will remain R-6
along Woodlands Road. The area being requested for rezoning is the residue acreage on the
eastern side of the proposed Route 29 Western Bypass. Staff notes that the proximity of the
Route 29 Western Bypass tends to make use of this site for residential purposes unlikely. By
rezoning the property to C-1, the applicant can establish a veterinary hospital, with offices, and
an animal shelter with the issuance of a special use permit. The applicant is also seeking a
special use permit for such uses [SP 00-022].
County Staff has worked with the applicant for numerous years to identify a more suitable
location with the County for a new SPCA and has been unable to find a more suitable location
than the site of the existing facility. The Zoning Administrator has reviewed this request and has
noted that "the Board of Supervisors amended the Zoning Ordinance on June 16, 1999 to define
and allow animal shelters in the RA, HC, and C-1 all by special use permit. This was done based
on their knowledge that VDOT would be taking the current SPCA building for construction of
the proposed Western Bypass" (Attachment F).
The Zoning Administrator has noted that "since the SPCA is currently in negotiations with
VDOT regarding the taking of their land, they need to know now if the residue property can be
zoned to permit them to rebuild at this location." VDOT has reviewed the plans and has found
no conflict with this proposal (Attachment G). Although the land acquisition has not occurred on
the subject parcel, VDOT has acquired the land on the north and south sides of the parcel. With
land acquisition for the Bypass on both sides, VDOT is able to determine what portion is
necessary to acquire from the SPCA. Attachment H is a copy of the plat depicting the right-of-
way.
With regards to proffering, the Zoning Administrator offers the following comment
"Although many rezonings need proffers by the applicants to mitigate the undesired
effects of the proposed district, this property has identifiable circumstances that make it
acceptable without any special offerings. The 5.88 acres to be rezoned will be bounded
on two sides by the Western Bypass and by Woodburn Road. The other sides are part C-
1 and part R-6, one parcel of which is vacant. The C-1 uses and setbacks are commercial
ones that the ordinance sets out as the most compatible with surrounding residential
zoning districts. If the SP for an animal shelter is approved, there are even greater
setbacks and noise regulations. The fact that the nonconforming SPCA has been there for
many years and the neighborhood properties have already been accustomed to it makes it
more acceptable. It is also possible for those adjoining parcels to request a commercial
zoning designation. Therefore, we have no problem with this unfettered zoning
(Attachment I)."
Planning Staff concurs with the Zoning Administrator's analysis and finds no conflict with
approving this unfettered zoning. C-1 uses, in general, seem appropriate at this location whether
or not the Special Use Permit is approved or the animal shelter is ever pursued (See Attachment
K, C-1 uses). Staff concludes that C-1, Commercial, zoning is an appropriate land use
designation for this property and therefore recommends approval of ZMA 00-005.
SP 00-022:
Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance.
The Board of Supervisors hereby reserves unto itself the right to issue all special use
permits permitted hereunder. Special use permits for uses as provided in this ordinance
may be issued upon a finding by the Board of Supervisors that such use will not be of
substantial detriment to adjacent property.
Staff notes that the existing SPCA animal shelter has existed within the community for many
years. Staff cannot locate any history of opposition to the existing facility from adjacent property
owners.
The only identified substantial detriment to adjacent properties is the impact associated with
noise and traffic.
Noise- Although viewed as a substantial detriment, staff has identified the following factors that
will contribute to a decrease in noise in relation to that generated from the existing facility:
1. Removal of the Stockyard - Currently, the existing SPCA has a small stockyard for
agricultural animals. The proposed facility will not house agricultural and/or indigenous
fauna, and therefore will result in less noise;
2. Enclosure of the Outdoor Dog Pens — Currently, the existing SPCA has outdoor dog pens
that face towards the residentially zoned properties to the north and south. The dog pens
are the major contributing factor to noise. The proposed facility will reduce noise impact
by enclosing the outdoor dog pens with blocked walls, thus creating an internal
courtyard;
3. Increased Distance Separation — The proposed dog kennels are proposed to be located
approximately 100 feet from the nearest residential property line to the south and 190 feet
]d
from the nearest property line to the north [A modification of setback is required]. Staff
notes that although the distance separation from the southern property line has decreased
by 280 feet, the distance separation from the northern property line has increased from 5
feet to 190 feet. The revised location better centers the building on the site;
4. Impact of the Route 29 Western Bypass — The intent of the Bypass is to alleviate traffic on
Route 29, including significant truck traffic. It is Staff opinion that the presence of the
new bypass will have impact equal to, or greater than, the noise impact of the proposed
SPCA; and,
5. Compliance with the Zoning Ordinance — As previously mentioned, the existing SPCA
was established prior to the adoption of the 1980 Zoning Ordinance and, therefore, is not
subject to the provisions of the Ordinance. The new facility will be subject to the
recently adopted Noise Ordinance and the Supplementary Regulations of Section 5.1.11
as further discussed in this report.
The Zoning Department has reviewed this application and has noted that the Noise Ordinance
has been recently adopted by the Board of Supervisors on June 14, 2000 (Attachment I). The
new ordinance states that at any rural/residential property line, the sound levels permitted for an
animal shelter that is not soundproofed are "...60 decibels in the daytime, but only 55 at night."
Attachment J is a copy of the Maximum Sound Levels Chart of Section 4.18.04. Should the
animal shelter exceed these standards, the applicant will be cited in violation of the Noise
Ordinance and will have to work with the Zoning Department to address any problems.
Traffic - With the closure of the existing entrance, staff finds less of an adverse impact on
adjacent properties along Woodlands Road. Woodlands Road is a non -tolerable road and is
inadequate in accommodating increasing traffic. The new access will be from Berkmar Drive,
which has the capacity to accommodate the increase in traffic. VDOT has reviewed this proposal
and has not identified any conflict with the use of Berkmar Drive.
that the character of the district will not be changed thereby,
As previously noted, the use has existed in harmony with the district for many years. The
proposed facility is not viewed as an intensification of use since the same use currently exists on
site. Upgrades in the construction and operation of the facility will result in less impacts than the
existing facility. The proposed uses will compliment the commercial area within the surrounding
district. The applicant has indicted that the annual SPCA Rummage Sale will not occur at the
proposed facility and staff has included a condition with the special use permit excluding such
use (Condition 2). Staff also finds that the Route 29 Western Bypass will have a much greater
impact on the character of the district than the establishment of a new SPCA. Therefore, Staff
concludes that the proposed uses will not change the character of the district.
and that such use will be in harmony with the purpose and intent of this ordinance,
Staff has reviewed this request for compliance of Section 1.4, Section 1.5, and Section 1.6 of the
Zoning Ordinance and finds no conflict.
with the uses permitted by right in the district.
Approval of this request will not negatively affect permitted uses on adjacent property.
with additional regulations provided in Section 5.0 of this ordinance.
Section 5.1.11 contains additional regulations regarding this type of use. The following
discussion incorporates the recently approved changes to Section 5.1.11:
5.1.11(a) Except where animals are confined in soundproofed, air-conditioned buildings,
no structure or area occupied by animals shall be closer than five hundred (500)
feet to any agricultural or residential lot line. For non -soundproofed animal
confinements, an external solid fence not less than six (6) feet in height shall be
located within ffy (50) feet of the animal confinement and shall be composed of
concrete block, brick, or other material approved by the zoning administrator;
(Amended 11-15-89)
Comment: Since the dog kennels are not soundproofed, and are proposed to be located
approximately 120 feet from the nearest residential property line to the south and
210 feet from the nearest property line to the north, a modification of setback is
necessary. Staff notes that although the distance separation from the southern
property line has decreased by 260 feet, the distance separation from the northern
property line has increased from 5 feet to 220 feet. The revised location better
centers the building on the site. Also, the existing dog kennels are totally exposed
and face towards the residentially zoned properties to the north and south. The
new facility will enclose the dog kennels and orient them internal to the building,
with block walls that will serve as a building/hallways around the kennels. Staff
finds that the revised location and building design is a vast improvement over the
existing situation and therefore recommends approval of a modification of
setback. The Planning Commission's action for the special use permit request
must include an action for the reduction of setbacks as outlined in Section 5.1.11
of the Zoning Ordinance. Staff has included a condition of approval that the site
be developed in general accord with the submitted preliminary site plan
(Attachment B, Condition 3).
5.1.11(b) For soundproofed confinements, no such structure shall be located closer than two
hundred (200) feet to any agricultural or residential lot line. For soundproofed
confinements, noise measured at the nearest agricultural or residential property line
shall not exceed forty (55) decibels; (Amended 06-14-00)
Comment: The proposed facility will not be soundproofed and, therefore, is not subject to
this regulation.
5.1.11(c) In all cases, animals shall be confined in an enclosed building from 10: 00 p.m. to
6: 00 a.m. (Amended 06-14-00)
Comment: Staff has included a condition of approval of the special use permit for the
confinement of the animals during such hours (Condition 4).
5.1.11(d) In areas where such uses may be in proximity to other uses involving intensive
activity such as shopping centers or other urban density locations, special
attention is required to protect the public health and welfare. To these ends the
commission and board may require among other things: (Amended 11-15-89)
-Separate building entrance and exit to avoid animal conflicts; (Added 11-15-89)
-Area for outside exercise to be exclusive from access by the public by fencing or
other means. (Added 11-15-89)
Comment: This provision was intended for facilities of this nature that are located or
proposed to be located within a shopping center. This facility is "stand-alone"
and is, therefore, not subject to such regulation.
and with the public health, safety and general welfare.
No adverse impact on public health, safety, and/or general welfare can be identified with this
request. In fact, staff finds an increase in public health, safety and general welfare with the
removal of site traffic from Woodlands Road, which is a non -tolerable road. With proposed full -
frontage improvements, Berlmiar Drive has the capacity to accommodate the increase in traffic.
VDOT has reviewed the applicant's request and has found no conflict with this proposal
(Attachment G). Although the land acquisition has not occurred on the subject parcel, VDOT
has acquired the land on the north and south sides of the parcel. With land acquisition for the
Bypass on both sides, VDOT is able to determine what portion is necessary to acquire from the
SPCA. Attachment H is a copy of the plat depicting the right-of-way.
VDOT has indicated that some issues have not been addressed on the preliminary site plan and
should be conditioned for the rezoning and special use permit to proceed. Therefore, staff has
included a condition that that the applicant install all full frontage improvements as required by
VDOT (Condition 5).
Section 3.1-796.96 of the State Code of Virginia requires "The governing body of each county or
city to maintain or cause to be maintained a pound in accordance with guidelines issued by the
Virginia Department of Agriculture and Consumer Services" (Attachment E). The applicant has
noted that `By contract with the County of Albemarle and the City of Charlottesville, the SPCA
has served for many years as the pound for these two jurisdictions" (Attachment Q. Denial of
this rezoning request may be in conflict with such State requirements, if another site is not
established for the SPCA.
Summary
Staff has identified the following factors which are favorable to this petition:
The new construction will be of a better soundproofing design than that of the existing
facility;
2. The current use has existed in harmony with the surrounding residential district for many
of years;
3. The new facility will no longer take access of Woodlands Road, which is a non -tolerable
road;
4. The proposed use should have less of an overall impact on the character of the area than
that of the impending Route 29 Western Bypass;
5. The Route 29 Western Bypass will provide for separation from residential/rural zoned
property to the west;
6. The zoning is consistent with other commercially zoned properties within the areas;
7. The use is subject to the regulations of the recently adopted noise ordinance (Section
4.18);
8. Consistent with Sections 5.1.11 of the Zoning Ordinance except for 5.1.11(a) which must
be modified; and,
9. Consistent with Section 32.2.4.1 of the Zoning Ordinance.
Staff has identified the following factor which is favorable to this petition:
1. There will be a loss of residential holding capacity in the Urban Area [35 dwelling units];
and,
2. Requires modification of the provisions of Section 5.1.11(a) of the Zoning Ordinance
regarding distance from a residential lot line.
Staff has identified the following factors related to the Comprehensive Plan which are
considerations in this request:
1. Although an animal shelter is not specifically listed as a "Typical Primary Use" in
Transitional Use areas of the Comprehensive Plan. However, the Transitional
designation was provide in this area to allow flexibility in uses which would be in
keeping with the impact of the Route 29 Western Bypass construction. Maintenance of
the SPCA facility in this location is not seen as inconsistent with the Comprehensive
Plan.
Although the Open Space and Critical Resources Plan depicts the majority of the area as
"Important Wooded Area", staff finds that the construction of the Western Bypass will
have a much greater impact on the "Important Wooded Area.
Recommended Action:
Staff recommends approval to rezone the petitioned 5.88 acres to C-1, Commercial, from R-6,
Residential [ZMA 2000-05]. No proffering is associated with this recommendation.
Staff recommends approval of special use permit SP 00-022, to allow for an animal shelter and a
veterinary hospital and associated offices, with conditions.
Recommended Conditions of Approval:
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Planning Department approval of a tree conservation plan for the area located along the
Berkmar Drive road frontage;
2. The proposed use shall not accommodate the seasonal "Rummage Sale" or any other
fundraising activities without amendment to this special use permit, or appropriate
permitting by the Department of Building Codes and Zoning Services;
3. The site shall be developed in accord with the attached site plan dated May 12, 2000;
Revised June 12, 2000 (Attachment B);
4. Animals shall be confined in an enclosed building from 10:00 p.m. to 6:00 a.m.;
5. The applicant shall install all full frontage improvements as required by VDOT; and,
6. Uses shall be limited to an animal shelter and a veterinary hospital with associated offices
only.
Note: In order to allow for approval of the site plan, staff also recommends approval of a
modification of the setbacks contained in Section 5.1.11 (a). The modification of setbacks
will allow a building setback reduction to 100 feet from the southern property line and
reduction to 190 feet from the northern property line. (Only the Planning Commission
needs to act this modification of setbacks.)
ATTACHMENTS:
A — Tax Map
B — Copy of the Preliminary Site Plan
C - Applicant's Petition for Rezoning
D — Applicant's Special Use Permit Request and Justification
E — Section 3.1-796.96 of the State Code of Virginia
F — Zoning Administrator's Memo Dated June 29, 2000
G — VDOT Comments Dated June 30, 2000
H — Plat Depicting Right -of -Way
I — Zoning Administrator's Memo Dated June 29, 2000
J — Maximum Sound Levels Chart of Section 4.18.04 of the Noise Ordinance
K —List of C-1 Uses
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ATTACHMENT C
Application for Zoning Map Amendment
The Albemarle Society for the Prevention of Cruelty to Animals, Inc. (the "SPCA")
Number of acres to be rezoned:
The property to be rezoned is 5.88 acres, which is all of TM 45-86 except that portion of
TM 45-86 which is to be acquired by VDOT for the proposed Route 29 Bypass, as
described in the attached letter dated April 23, 1998 and attached Option granted April
20, 1998.
What is the Comprehensive Plan designation for this property?
Transitional.
What public need or benefit does this rezoning serve?
The SPCA and its animal shelter serve the public need and benefit by providing humane
animal sheltering services to and for the benefit of the animals and residents of the
County of Albemarle and the City of Charlottesville. The SPCA provides shelter for
more than 4,000 lost or stray cats and dogs per year.
The SPCA serves a mandatory public function by serving as the pound for both the
County of Albemarle and the City of Charlottesville. Virginia Code § 3.1-796.96
requires the governing body of each county or city to maintain or cause to be maintained
a pound in accordance with guidelines issued by the Virginia Department of Agriculture
and Consumer Services. By contract with the County of Albemarle and the City of
Charlottesville, the SPCA has served for many years as the pound for these two
jurisdictions.
VDOT will be taking the SPCA's existing animal shelter on Woodburn Road for the
proposed Route 29 Bypass and, therefore, it will be necessary for the SPCA to construct a
new animal shelter. This rezoning to C-1, together with the granting of a special use
permit for an animal shelter pursuant to Section 22.2.2(13) of the Zoning Ordinance, will
enable the SPCA to construct a new animal shelter on contiguous property already owned
by the SPCA on Berkmar Drive. Due in substantial part to the subject property's more
visible location on a more traveled throughway, the new shelter will be better able to
serve the public need and benefit. With an animal shelter with visibility and access from
Berkmar Drive, the SPCA should be able to attract more customers and thereby increase
animal adoption rates and reduce animal euthanasia rates.
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ATTACHMENT C
Are public water, sewer, and roads available to serve this site? Will there be any impact on these
facilities?
Public water and roads are available to serve this site. The SPCA believes that public
sewer will be available through appropriate engineering and development, although
public sewer is not available on site at present.
The SPCA believes that there will be no impact on these facilities in excess of their
design -rated capacities.
The SPCA will work with staff to address appropriately any concerns about impact on
public water, sewer, and roads.
What impact will there be on the County's natural, scenic, and historic resources?
The subject property is situated between Berkmar Drive to the east and the proposed
Route 29 Bypass to the west. The adjacent parcel to the south on Berkmar Drive is zoned
C-1 and has been developed with an office building. The adjacent parcel to the north on
Berkmar Drive is zoned R-6 and remains undeveloped at present. The adjacent parcel
across Berkmar Drive is zoned C-I and has been developed with an amusement center
known as Planet Fun.
The SPCA believes that the rezoning and construction of an animal shelter on the subject
property will have minimal impact on the County's natural and scenic resources and no
impact on the County's historic resources.
The SPCA will work with staff to address appropriately any concerns about impact on
natural and scenic resources.
OPTIONAL: Do you have plans to develop the property if the rezoning is approved? If so,
please describe:
Yes. The SPCA plans to build a new animal shelter on the property. The SPCA has
retained ACES Planning and Design ("ACES") of Watsonville, California and Forest,
Virginia as the architect for the project. ACES is a worldwide leader in the design of
animal shelters. ACES has already prepared a Feasibility Study and Building Program
for the SPCA and will soon be preparing a preliminary site plan. The SPCA intends to
submit a preliminary site plan to the County as soon as possible and estimates that a
preliminary site plan will be submitted on or before the May 30, 2000 submission
deadline.
2
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ATTACHMENT C
Preliminary plans envision a new shelter facility of approximately 11,563 square feet.
The SPCA plans to build a new shelter which is attractive and inviting to the public and
compatible in design with other nearby structures and regional architecture. The building
will be designed to serve the following functions: (1) public reception and limited sales of
pet supplies; (2) administration, including private offices; (3) public education with
classroom or meeting room; (4) animal receiving, including areas for examination and
grooming of animals; (5) animal kennels for stray and adoptable animals; (6) animal
kennels for quarantine and observation; (7) clinic for animal care, emergencies,
euthanasia, and possible spay/neuter; and (8) temporary wildlife holding. Suitable
parking and extensive landscaping will complement the shelter building.
The SPCA expects that its new shelter facility will be staffed by a minimum of sixteen
(16) full-time employees.
The SPCA is committed to developing the property in a way that will enhance the
property, the Berkmar Drive corridor, and the County of Albemarle.
Describe your request in detail including why you are requesting this particular zoning district?
The SPCA is requesting rezoning and a special use permit to enable the SPCA to
construct a new animal shelter with in-house veterinary clinic on the subject property.
An "animal shelter" is permitted by special use permit in districts RA, C-1, and HC. See
Zoning Ordinance Sections 10.2.2(47), 22.2.2(13), and 24.2.2(16), respectively.
"Veterinary services, animal hospital" is permitted by special use permit in district RA,
and "veterinary office and hospital' is permitted by special use permit in districts C-1 and
HC. See Zoning Ordinance Sections 10.2.2(18), 22.2.2(5), and 24.2.2(4), respectively.
Of the three districts in which an "animal shelter" is permitted by special use permit,
district C-1 is most appropriate for the subject property in light of the intent of C-1
districts as expressed in the Zoning Ordinance, the by -right uses permitted in district C-1,
and the actual and existing uses of the adjacent parcels and other nearby parcels on
Berkmar Drive. Actual and existing uses on Berkmar Drive include office and retail
space, including Pet Food Discounters at the intersection of Berkmar Drive and
Woodbrook Court, the amusement center known as Planet Fun, and the University of
Virginia Community Credit Union.
RA is not appropriate for this developing commercial district. HC is not appropriate
because such districts are intended to be established on major highways, not on Berkmar
Drive.
END OF ATTACHMENT
14
ATTACHMENTD
Application for Special Use Permit
The Albemarle Society for the Prevention of Cruelty to Animals, Inc.
Number of acres to be covered by Special Use Permit:
The number of acres to be covered by the Special Use Permit is 5.88 acres, which is all of
TM 45-86 excep that portion of TM 45-86 which is to be acquired by VDOT for the
proposed Route 29 Bypass, as described in the attached letter dated April 23, 1998 and
attached Option granted April 20, 1998.
How will the proposed special use affect adjacent property?
The proposed special use of the property for an animal shelter will not adversely affect
adjacent property. The property is bounded by Berkmar Drive to the east and by Planet
Fun across Berkmar Drive. The SPCA's new animal shelter and Planet Fun should
benefit each other by attracting customers from the other. The property is bounded by a
multi -purpose office and retail building to the south, by the proposed Route 29 Bypass to
the west, and by undeveloped property (currently zoned R-6) to the north. Because
property north of the subject property and west of Berkmar Drive will also be surrounded
by Berkmar Drive on the east and the proposed Route 29 By-pass on the west, that
adjacent and nearby property, too, is appropriate for commercial development.
The proposed special use is subject to the special requirements of Zoning Ordinance
Section 5.1.11. Satisfaction of these requirements, in addition to satisfaction of the
customary requirements for district C-1, will minimize any potential adverse effects on
adjacent property.
How will the proposed special use affect the character of the district surrounding the property?
The proposed special use of the property for an animal shelter will enhance the character
of the district surrounding the property. The district is a developing commercial district
of various uses. Office and retail space, including Pet Food Discounters, coexists with
the University of Virginia Community Credit Union and Planet Fun, for example. The
proposed use is consistent with the mixed -use character of this developing commercial
district.
15
ATTACHMENT D
How is the use in harmony with the purpose and intent of the Zoning Ordinance?
The Zoning Ordinance is intended to improve public health, safety, convenience and
welfare of citizens of the County. The proposed use will improve public health, safety,
convenience and welfare. See Zoning Ordinance Section 1.4.
The Zoning Ordinance is intended to facilitate the creation of a convenient, attractive and
harmonious community. See Zoning Ordinance Section 1.4.3. The proposed special use
of the property for an animal shelter will make the vital public services provided by the
SPCA more convenient to the community because the property affords a more visible and
more accessible site than the existing shelter site. In addition, this more visible and
accessible site should enable the SPCA to increase the rate of adoption for adoptable
animals and decrease the rate of euthanasia of otherwise adoptable animals. The SPCA
believes that these results will contribute to a more attractive and harmonious community.
The Zoning Ordinance is intended to facilitate the provision of adequate public
requirements. See Zoning Ordinance Section 1.4.4. The SPCA serves a mandatory
public function by serving as the pound for both the County of Albemarle and the City of
Charlottesville. Virginia Code § 3.1-796.96 requires the governing body of each county
or city to maintain or cause to be maintained a pound in accordance with guidelines
issued by the Virginia Department of Agriculture and Consumer Services. By contract
with the County of Albemarle and the City of Charlottesville, the SPCA has served for
many years as the pound for these two jurisdictions. Therefore, the proposed special use
is in harmony with the purpose and intent of the Zoning Ordinance to facilitate the
provision of an adequate pound as required by Virginia Code §3.1-796.96.
The proposed use is compatible with and not offensive to any of the purposes and
interests set forth in Section 1.4 of the Zoning Ordinance.
Promotion of the public health, safety, and general welfare of the community is discussed
further below.
How is the use in harmony with the uses permitted by right in the district?
The proposed special use of the property for an animal shelter is in harmony with many
of the uses permitted by right in district C-1. The proposed use is similar in scale, effect
on resources, and impact on the district to other uses permitted by right in district C-1,
such as food and grocery stores, financial institutions, indoor theaters, laundries, and
eating establishments.
Various retail sales and service establishments are permitted by right in district C-1. The
SPCA resembles a retail establishment in that it offers animals for adoption to members
2
ATTACHMENT D
of the general public. In addition, as it does in its existing shelter, the SPCA plans to
offer limited sales of pet supplies at its new shelter.
Various services and public establishments are permitted by right in district C-1. In
particular, "Public uses and buildings ... such as schools, offices, parks, playgrounds and
roads funded, owned or operated by local, state or federal agencies" are permitted by
right in district C-1. As noted elsewhere in this application, the proposed use fulfills a
mandatory public function and thereby is in harmony with other public uses and buildings
permitted by right in district C-1.
How will the use promote the public health, safety, and general welfare of the community?
The proposed special use of the property for an animal shelter will promote the public
health, safety, and general welfare of the community by providing humane animal
sheltering services to and for the benefit of the animals and residents of the County of
Albemarle and the City of Charlottesville. The SPCA provides shelter for more than
4,000 lost or stray cats and dogs per year.
For example, through the programs and services offered by its animal shelter, the SPCA
reunites lost animals with their owners; adopts other animals to suitable homes; reduces
animal overpopulation by educating the general public about the benefits of spay/neuter,
enforcing animal adopters' obligation to spay or neuter animals adopted from the SPCA,
and offering low-cost spay/neuter certificates; and provides humane euthanasia when
necessary and to minimize suffering.
The SPCA serves a mandatory public function by serving as the pound for both the
County of Albemarle and the City of Charlottesville. Virginia Code § 3.1-796.96
requires the governing body of each county or city to maintain or cause to be maintained
a pound in accordance with guidelines issued by the Virginia Department of Agriculture
and Consumer Services. By contract with the County of Albemarle and the City of
Charlottesville, the SPCA has served for many years as the pound for these two
jurisdictions.
Describe your request in detail and include all pertinent information such as the numbers of
persons involved in the use, operating hours, and any unique features of the use:
The SPCA requests a special use permit to construct and operate an "animal shelter" on
the property, as permitted by special use permit pursuant to Zoning Ordinance Section
22.2.2(13). Preliminary plans incorporate a clinic within the shelter for animal care,
emergencies, euthanasia, and possible spay/neuter. Although the SPCA believes that the
proposed clinic would be permitted by a special use permit for an "animal shelter," the
3
17
ATTACHMENT D
SPCA additionally seeks a special use permit for a "veterinary office and hospital" as
permitted by special use permit pursuant to Zoning Ordinance Section 22.2.2(5).
The SPCA has retained ACES Planning and Design ("ACES") of Watsonville, California
and Forest, Virginia as the architect for the project. ACES is a worldwide leader in the
design of animal shelters. ACES has already prepared a Feasibility Study and Building
Program for the SPCA and will soon be preparing a preliminary site plan. The SPCA
intends to submit a preliminary site plan to the County as soon as possible and estimates
that a preliminary site plan will be submitted on or before the May 30, 2000 submission
deadline.
Preliminary plans envision a new shelter facility of approximately 11,563 square feet.
The SPCA plans to build a new shelter which is attractive and inviting to the public and
compatible in design with other nearby structures and regional architecture. The building
will be designed to serve the following functions: (1) public reception and limited sales of
pet supplies; (2) administration, including private offices; (3) public education with
classroom or meeting room; (4) animal receiving, including areas for examination and
grooming of animals; (5) animal kennels for stray and adoptable animals; (6) animal
kennels for quarantine and observation; (7) clinic for animal care, emergencies,
euthanasia, and possible spay/neuter; and (8) temporary wildlife holding. Suitable
parking and extensive landscaping will complement the shelter building.
The SPCA expects that its new shelter facility will be staffed by a minimum of sixteen
(16) full-time employees. In addition, animal control officers and others will deliver
animals to the shelter; vendors and suppliers will periodically deliver equipment and
supplies to the shelter; and customers and volunteers will visit the shelter during business
hours.
The SPCA's existing animal shelter on Woodburn Road is open to the public Monday
through Saturday, 9:00 a.m. to 4:00 p.m., and Sunday, noon to 4:00 p.m. At a minimum,
the SPCA will offer comparable hours at its new animal shelter. In addition, the SPCA
may wish to offer extended hours one or more evenings per week to increase the
accessability and availability of its services to the community.
END OF ATTACHMENT
4
IV
Legislative Information System Page 1 of 3
§ 3.1-796.96 ATTACHMENT E
County or city pounds; confinement and disposition of stray animals
A. The governing body of each county or city shall maintain or cause to be maintained a pound in
accordance with guidelines issued by the Department of Agriculture and Consumer Services and shall
require dogs running at large without the tag required by § 3.1-796.9.2_ or in violation of an ordinance
passed pursuant to § 3.1-796.93 to be confined therein. The governing body of any county or city
need not own the facility required by this section but may contract for its establishment with a private
group or in conjunction with one or more other local governing bodies. The governing body shall
require that the pound be accessible to the public at reasonable hours during the week. Nothing in this
section shall be construed to prohibit confinement of other companion animals in such a pound.
B. An animal confined pursuant to this section shall be kept for a period of not less than five days,
such period to commence on the day immediately following the day the animal is initially confined in
the facility, unless sooner claimed by the rightful owner thereof.
The operator or custodian of the pound shall make a reasonable effort to ascertain whether the animal
has a collar, tag, license, tattoo, or other form of identification. If such identification is found on the
animal, the animal shall be held for an additional five days, unless sooner claimed by the rightful
owner. If the rightful owner of the animal can be readily identified, the operator or custodian of the
pound shall make a reasonable effort to notify the owner of the animal's confinement within the next
forty-eight hours following its confinement.
If any animal confined pursuant to this section is claimed by its rightful owner, such owner shall be
charged with the actual expenses incurred in keeping the animal impounded.
C. If an animal confined pursuant to this section has not been claimed upon expiration of the
appropriate holding period as provided by subsection B, it shall be deemed abandoned and become
the property of the pound or shelter. If such abandoned animal did not, when delivered to the pound,
bear a collar, tag, license, tattoo, or other form of identification, it may be humanely destroyed or
disposed of by:
1. Sale or gift to a federal agency, state -supported institution, agency of the Commonwealth, agency
of another state, or a licensed federal dealer having its principal place of business located within the
Commonwealth, provided that such agency, institution or dealer agrees to confine the animal for an
additional period of not less than five days;
2. Delivery to any humane society or animal shelter within the Commonwealth;
3. Adoption by any person who is a resident of the county or city for which the pound is operated and
who will pay the required license fee, if any, on such animal;
4. Adoption by a resident of an adjacent political subdivision of the Commonwealth;
5. Adoption by any other person, provided that no animal may be adopted by any person who is not a
resident of the county or city for which the pound or animal shelter is operated, or of an adjacent
political subdivision, unless the animal is first sterilized; or
19
http://Iegl.state.va.us/egi-bin/legp5O4.exe?000+cod+3.1-796.96 06/28/2000
Subj: RE: SPIN comments ATTACHMENT F
Date: 06/29/2000 3:36:10 PM Eastern Daylight Time
From: SPRINKLE@exch.co.albemade.va.us (Jan Sprinkle)
To: Emorhsette@aol.com ('Emorrisette@aol.com')
Here it is once againlll
The Board of Supervisors amended the zoning ordinance on June 16, 1999 to
define and allow animal shelters in the RA, HC and C-1 all by special use
permit. This was done based on their knowledge that VDOT would be taking
the current SPCA building for construction of the proposed Western Bypass.
With the appropriate allowances now in the ordinance, the SPCA has applied
for both a rezoning to C-1 and the SP to allow the animal shelter. Since
the SPCA is currently in negotiations with VDOT regarding the taking of
their land, they need to know now if the residue property can be zoned to
permit them to rebuild at this location.
This use must comply with the supplemental regulations of Section 5.1.11,
Commercial Kennel, Veterinary Service, Office or Hospital, Animal Hospital,
or Animal Shelter. Since the property is bounded by R6 zoning on both the
north and south, a 200' setback is required for the building if it is
soundproofed, and a 500' setback if not. This section was just modified on
June 14, 2000 when the Board of Supervisors adopted the new noise ordinance.
The sound levels permitted for an animal shelter are now the same for day or
night and soundproofed: noise measured at the receiving zone of any rural
areas or residential district shall not exceed fifty-five (55) decibels. If
the structure is not soundproofed, the level can be 60 decibels in the
daytime, but only 55 at night.
We should also address the possibility of the SPCA yearly rummage sale
being held at this site. Two to four day temporary events may be held in
commercial districts by right, but require a clearance from this department
to insure that noise, traffic, public safety and any other concems are
adequately addressed. If the sale is envisioned at this site, the overflow
parking necessary to accommodate the use should be shown on the site plan.
If the sale is not currently envisioned here, there should be a condition of
the SP stating no rummage sale unless the SP is amended. That will insure
future control of the land use impacts of such a major event.
There are a number of items shown on the proposed site plan that are not
explained. The former building including an incinerator, a house, several
sheds and a propane tank are shown in VDOTs proposed R/W but are not
relocated on the residue where this SP will apply. The zoning administrator
has agreed that the incinerator is a customarily incidental use to an animal
shelter and can be authorized under this SP, but it should be noted if it is
planned. The sheds and propane tank are also accessory structures that can
be on the site, but need to be noted and must meet the appropriate setbacks.
There is an existing pet cemetery shown on the site plan which is being
disturbed with grading and pavement for parking. Please explain what
happens to the animal bodies that have been interred there. If the cemetery
is being relocated, we need to know where.
Jan Sprinkle
sprinkle@albemade.org
Thursday, June 29, 2000 America Online: Enu,Msette Page: 1
20
Virginia Department of Transportation
Charlottesville Residency
701 VDOT Way
Charlottesville, VA 22911
Date: June 30, 2000
To: Eric Morrisette
From: Bob Ball
ATTACHMENT G '
JUN J 0 2000
'LANNING ANL
;;OMMUNI TY DEVELOPMENT
Jeff Thomas Phone: (804) 293-0011 ext. 19
Fax: (804) 979-3759
Subject: ZNLA-00-005, SDP-00-060, Albemarle SPCA (New Shelter),
Route 1403
The applicant's composite plat (dated June 12, 2000) appears to be consistent with
our latest project plans (copy attached) for proposed Route 29 Bypass ROW.
i� The latest project plans show a temporary drainage and sediment basin easement
within the portion of the site proposed for rezoning and within the applicant's site
plan. We recommend that as part of this rezoning, the applicant agree that
negotiations for this easement area be based on the existing R-6 zoning. This
easement should be shown on the site plan.
The latest project plans show the entire piece of land between the proposed Bypass
ROW and Woodburn Road ROW as temporary easement until the project is
complete. It is our understanding that this area is not part of the rezoning.
i Final ROW and necessary easements are subject to revision until construction is
complete. Therefore, we recommend that as part of the rezoning process, the
applicant agree that if necessary ROW or easements require adjustment from what is
shown on current plans or this composite plat, negotiations for that ROW or easement
be based on the current R-6 zoning.
This composite plat has not addressed our ROW comments along Berkmar Drive.
The composite plat does not include proposed ROW and easement acquisition along
the Woodburn portion of the site.
If you have any questions regarding these comments, please advise before releasing to the
applicant.
cc — Fannie Mae Printz, Karen Kilby, Marshall Barron, J.H. Kesterson
21
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22
Subj: RE: SPIN comments
Date: 06/29/2000 5:28:31 PM Eastern Daylight Time
=ram: SPRINKLE@exch.co.albemade.ve.us (Jan Sprinkle)
>•o: Emorisette@aol.com ('Emonisette@aol.com')
-lere's my revised ZMA comments from SPIN - sorry for the delay.
=or this rezoning to be accurately depicted, we need a surrey indicating the
.xecise 5.88 acres. The SP application notes that the 5.88 acres "is all of
TM45-86 except that portion of TM45-86 which is to be acquired by VDOT for
:he proposed Route 29 Bypass..." On the site plan, there is a portion of
TM45-86 that is not shown as being acquired by VDOT and which will have
"rontage on Woodburn Road. Is this intended to be rezoned to C1?
Although many rezonings need proffers by the applicants to mitigate the
undesired effects of the proposed district, this property has identifiable
:ircumstances that make it acceptable without any special offerings. The
3.88 acres to be rezoned will be bounded on two sides by the Western Bypass
and by Woodburn Road. The other sides are part C-1 and part R-6, one parcel
)f which if vacant. The C-1 uses and setbacks are commercial ones that the
)rdinance sets out as the most compatible with surrounding residential
!oning districts. If the SP for animal shelter is approved, there are even
greater setbacks and noise regulations. The fact that the nonconforming
'PCA has been there for many years and the neighboring properties have
already been accustomed to it makes it more acceptable. It is also possible
or those adjoining parcels to request a commercial designation. Therefore,
re have no problem with this unfettered zoning district.
fan Sprinkle
;pdnkle@albemade.org
—Original Message-
-rom: Emorrisette@aol.com [mailto:Emorisette@aol.com]
lent: Thursday, June 29, 2000 12:00 PM
o: SPRINKLE@exch.co.albemade.va.us
iubject: Re: SPIN comments
4o attachments with this e-mail. Sorry to trouble you. if all else fails,
ny fax works!
ATTACHMENT.I
Headers
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4essage-ID:<.C735981EB58DD111921500AOC99D7989019DB5F7@crosl.co.albemade.va.us>
rom: Jan Sprinkle <.SPRINKLE@exch.co.albemade.va.us>
o: "'Emorrisette@aol.com"' <.Emordsette@aol.com>
subject: RE: SPIN comments
)ate: Thu, 29 Jun 2000 17:26:54 -0400
LIME -Version: 1.0
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%41
Thursday, June 29, 2000 America Online: Emamisette Page: 1
6-29-2000 2:15PM FROM BLDG—ZONING 8049724126 P.6
ATTACHMENT J
(Ord. 00-18( ))
$mn; lace reference— Vs Code ¢ 15.2.2280.
See. 4-IR-04 Maximum sound levels
(Ord. 00-18( ))
Slate law referenee— Va. Code d 15.2-22K
See. 4.18.05 Exemot sounds
The following sounds shall not be subiect to this section 4 18
A. Animals. Sounds venerated from animals includin but not limited to barking,
does.
B. Church bells or chimes Sounds generated by church bells or chimes
C. Constru r'on. demolition and/or maintenance activities Sounds generated from 24
ALBEMARLE COUNTY CODE
CHAPTER18
ZONING
SECTION 22
COMMERCIAL - C-1
Sections:
22.1
INTENT, WHERE PERMITTED
22.2
PERMITTED USES
22.2.1
BY RIGHT
22.2.2
BY SPECIAL USE PERMIT
22.3
ADDITIONAL REQUIREMENTS
22.1 INTENT, WHERE PERMITTED
ATTACHMENT K
C-I districts are hereby created and may hereafter he established by amendment to the zoning map
to permit selected retail sales, service and public use establishments which are primarily oriented
to central business concentrations. It is intended that C-1 districts be established only within the
urban area, communities and villages in the comprehensive plan. (Amended 9-9-92)
22.2 PERMITTED USES
22.2.1 BY RIGHT
The following uses shall be permitted in any C-1 district subject to the requirements and
limitations of these regulations. The zoning administrator, after consultation with the director of
planning and other appropriate officials, may permit as a use by right, a use not specifically
permitted; provided that such use shall be similar to uses permitted by right in general character
and more specifically, similar in terms of locational requirements, operational characteristics,
visual impact and traffic generation. Appeals from the zoning administrator's decision shall be as
generally provided in section 34.0.
a. The following retail sales and service establishments:
1. Antique, gift, jewelry, notion and craft shops.
2. Clothing, apparel and shoe shops.
3. Department store.
4. Drug store, pharmacy.
5. Florist.
6. Food and grocery stores including such specialty shops as bakery, candy, milk dispensary
and wine and cheese shops.
7. Furniture and home appliances (sales and service).
18-22-1 25
Zoning Supplement #6, 12-30-99
ALSEMARLECOUNTY CODE ATTACHMENT K
8. Hardware store.
9. Musical instruments.
10. Newsstands, magazines, pipe and tobacco shops.
11. Optical goods.
12. Photographic goods.
13. Visual and audio appliances.
14, Sporting goods.
15. Retail nurseries and greenhouses.
b. The following services and public establishments:
1. Administrative, professional offices.
2. Barber, beauty shops.
3. Churches, cemeteries.
4. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.02).
5. Financial institutions.
6. Fire and rescue squad stations (reference 5.1.09).
7. Funeral homes.
8. Health spas.
9. Indoor theaters.
10. Laundries, dry cleaners.
11. Laundromat (provided that an attendant shall be on duty at all hours during operation).
12. Libraries, museums.
13. Nurseries, day care centers (reference 5.1.06).
14. Eating establishments.
15. Tailor, seamstress.
16. Automobile service stations (reference 5.1.20).
17. Electric, gas, oil and communication facilities excluding tower structures and including
poles, lines, transformers, pipes, meters and related facilities for distribution of local
service and owned and operated by a public utility. Water distribution and sewerage
collection lines, pumping stations and appurtenances owned and operated by the
Albemarle County Service Authority. (Amended 5-2-93)
18-22-2 26
Zoning Supplement li6, 12-30-99
ALBEMARLE COUNTY CODE ATTACHMENT K
18. Public uses and buildings including temporary or mobile facilities such as schools,
offices, parks, playgrounds and roads funded, owned or operated by local, state or
federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines
treatment facilities, pumping stations and the like, owned and/or operated by the
Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-9)
19. Temporary construction uses (reference 5.1.1).
20. Dwellings (reference 5.1.21).
21. Medical center.
22. Automobile, truck repair shop excluding body shop. (Added 6-3-81; Amended 9-9-92)
23. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-6)
24. Indoor athletic facilities. (Added 9-15-93)
25. Farmers' market (reference 5.1.36). (Added 10-11-95)
18-22-3 27
Zoning Supplement #6, 1230-99