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
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113 41h St. NE; STE 100
CHARLOTTESVILLE, VA 22902
TEL: (434) 262-0169
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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
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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.
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'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
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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.
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