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HomeMy WebLinkAboutSE202200057 Correspondence 2022-09-19LINES -GRADE C I V I L E N G I N E E R I N G MEMORANDUM TO: Albemarle County Community Development Staff FROM: Kendra Moon, PE Line and Grade Civil Engineering DATE: September 19, 2022 RE: Wakefield Kennel Special Exception to Setback Requirements Project Details: Applicant: Barry Dofflemyer Engineer: Line and Grade Civil Engineering I Kendra G. Moon, PE Name of Project: Wakefield Kennel Short Description: Reduced setback of kennel from residential property line Proposed Site: 790 Wakefield Farm, Earlysville, VA 22936 Property Details: Parcel ID Number: 03100-00-00-047AO Short Parcel ID: 31-47A Total Acres: 4.63 Owner: BND Family Limited Partnership Property Address: 790 Wakefield Farm, Earlysville, VA 22936 Current Tenant: Wakefield Kennel (Commercial Kennel) Magisterial District: White Hall Zoning: Rural Areas (RA) Proffered: Yes ZMAs Related to Proffers: None Comprehensive Plan Area: Rural Area 1 Comprehensive Plan Use: Rural Area Comprehensive Plan Use: Unassigned Land Use: Unassigned Surrounding Uses: Single family residential on all sides LINE i- GRADE CIVIL ENGINEERING 113 41h St. NE; STE 100 CHARLOTTESVILLE, VA 22902 TEL: (434) 262-0169 LINE-GRADE.COM Wakefield Kennel Special Exception to Setback September 19, 2022 1 Page 2 Site Photos: Photo t - Aerial image of existing site (courtesy of Albemarle GIS) A. Request of Special Exception to Setback Requirements Wakefield Kennel was first built in the mid-1950s, prior to the adoption of the Zoning Ordinance. It was expanded in 1976 with the approval of a special use permit, prior to the adoption of Sec. 5.1.11 which imposes supplementary regulations on commercial kennels. The following outlines the regulations set forth by Sec. 5.1.111: Each commercial kennel, veterinary service, office or hospital, animal hospital and animal shelter shall be subject to the following: a. Except where animals are confined in soundproofed, air-conditioned buildings, no structure or area occupied by animals shall be closer than 500 feet to any agricultural or residential lot line. For non -soundproofed animal confinements, an external solid fence not less than six feet in height shall be located within 50 feet of the animal confinement and shall be composed of concrete block, brick, or other material approved by the zoning administrator; b. For soundproofed confinements, no such structure shall be located closer than 200 feet to any agricultural or residential lot line. For soundproofed and 1 Emphasis has been added to the sections of code that apply to this scenario LINE GRADE CIVIL ENGINEERING Wakefield Kennel Special Exception to Setback September 19, 2022 1 Page 3 non -soundproofed confinements, sound measured at the nearest agricultural or residential property line shall not exceed 55 decibels; c. In all cases, animals shall be confined in an enclosed building from 10:00 p.m. to 6:00 a.m. 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: Separate building entrance and exit to avoid animal conflicts; Area for outside exercise to be exclusive from access by the public by fencing or other means. Both the existing and proposed kennel comply with parts B and C, and part D is not applicable. However, neither the existing nor proposed kennel comply with the setback listed in part A. Both are within 500 ft of residential property lines on all sides. It is noteworthy to express that a parcel of approximately 29-acres would be required for the proposed facility to comply with this setback regulation2. The proposed facility is within 63 ft of the nearest residential lot line;, TMP 31-31A, though the actual residence is located approximately 1,200 ft away. The nearest residence is 280 ft away, located across Wakefield Farm on TMP 316-34. Please see Images 1 and 2 below for proposed proximity to existing lot lines and to existing residences. L I N E + GRADE CIVIL ENGINEERING 'The alternative is for pets to be kept completely indoors, though it is important for animals to have access to fresh air and earthen surfaces, as many pets will not use artificial surfaces for urination 3 Note that these measurements are based on GIS parcel boundaries and existing plat information, a formal boundary survey has not been conducted to confirm these measurements Wakefield Kennel Special Exception to Setback September 19, 2022 Page 4 9a / ]IB N \ \\ III � e \ J1.°]A Image 1- Proximity to residential properties (Albemarle GIS) fi.uas � �n.w sl eae no i1.UA e� ,III / \ \ 803008 Ji JI 67131 \ 11°IAI I. 7!01\ ]ems Kip k-° e 5.1114 oo s 11101 u / v y� ' 4�c /�_ // Image 2 - Proximity to residences (Albemarle GIS, eBw �.m.l Bs°; / la� L I N E + appre size a parcel ups rsetba setbacks (-29 t 500 fi §0 setbacks(-29acres) GRADE ] °�TB 61 03�J5 ,, \\r` CIVIL ENGINEERING jr 1ra a]90 E 1 Wakefield Kennel Special Exception to Setback September 19, 2022 1 Page 5 Although the commercial kennel will be within 500 ft of residential property lines, the noise level will remain below 55-decibels. The owner is sure of this, as the current facility with no outdoor soundproofing is compliant, and the proposed facility will have sound -dampening material on the fences enclosing the outdoor runs. Additionally, the building itself will be comprised of acoustical steel which helps to dampen sound. The owner does not anticipate that this facility will be of nuisance to the neighbors, as the current facility with less soundproofing technology has existed prior to the construction of many of the homes, and they do not receive complaints. Further, the owner and their family reside in two of the homes adjacent to this property and can personally attest to the minimal impact of the facility. L I N E + GRADE CIVIL ENGINEERING