HomeMy WebLinkAboutSP202200027 Review Comments Special Use Permit 2022-11-22;$ r County of Albemarle
o COMMUNITY DEVELOPMENT DEPARTMENT
November 22, 2022
Kendra Moon and Barry Dofflemyer
113 41h St NE Suite 100
Charlottesville, VA 22902
kmoon@line-etade.com
barrdoff@gmail.com
RE: SP202200027 Wakefield Kennel
Dear Ms. Moon and Mr. Dofflemyer:
401 McIntire Road, North Wing
Charlottesville, VA 22902-4579
Telephone: 434-296-5832
WWW.ALBEMARLE.ORG
Staff has reviewed your initial submittal for the special use permit, SP202200027 Wakefield Kennel and the associated
special exceptions. There are a few questions and comments below. Staff recommends you make the minor revisions
suggested below as soon as you can to proceed to the next available Planning Commission meeting for a public hearing.
Review comments are provided below, organized by Department, Division, or agency. Our comments are provided below.
Comments are organized as follows:
A. Comments on the Special Use Permit
B. Comments on the Special Exceptions
C. How the proposal relates to the Comprehensive Plan
D. Additional comments from reviewers
E. Additional information
A. Special Use Permit
1. General
a. A Site Plan and a WPONSMP plan that meets all County and State regulations will be required.
2. Narrative and Use
a. The Background section of the application narrative suggests the special use permit was obtained in 1976,
but the facility was not expanded until 1986. Can you expand on this?
b. Provide additional information on how the existing facility is to remain operational while the new facility
is under construction. Staff recommends providing a phasing plan to show existing conditions, proposed
phasing conditions, and then proposed final site plan conditions.
c. The background section suggests there are floor -level and upper -level kennels at the existing facility. Will
any of the proposed 100 kennels be stacked in this manner?
d. What are the proposed hours of operation of the new facility?
e. At what times are dogs going to be allowed in the outdoor runs?
f. If any of the narratives are revised, please include a date of revision.
3. Conceptual Plan.
a. In the project summary table on the conceptual plan, please provide the square footage of the outdoor runs
and the number of proposed parking spaces.
b. Staff recommends providing a conceptual phasing plan.
c. Given that this is a commercial use, the minimum buffer/screening standards of Section 21.7 should be
met. Staff recommends showing any existing and/or proposed landscaping that will contribute to
screening or buffering between the proposed use and abutting properties. Additional landscaping may be
required during site planning.
d. Provide a date and a date of revision (as applicable) on the Concept Plan
B. Special Exceptions
1. Parking
a. The existing facility has 91 kennels and 12 parking spaces for its customers and employees. The proposed
facility has 100 kennels and 22 proposed parking spaces. The request is for substantially less than what
the ordinance requires, but Staff is still concerned this will be too much parking. Can you expand on the
reasoning behind the 22 spaces a little more?
b. The narrative suggests there are 6 employees that work at the facility, however, the concept plan only
shows 3 employee parking spaces. Will the other employees utilize the other 19 parking spaces on site?
2. Setbacks
a. Staff has begun to draft conditions that are provided below to mitigate any potential impacts the proposed
use will have on existing neighbors.
C. Comprehensive Plan
Initial comments on how your proposal generally relates to the Comprehensive Plan are provided below. Comments on
conformity with the Comprehensive Plan are provided to the Planning Commission and Board of Supervisors as part of
the staff report.
The Rural Area Chapter (Chapter 7) of the Comprehensive Plan designates the subject properties for this proposal, TMP
31-47A, for Rural Area land uses. The intent of the Rural Area designation is to allow uses that preserve and protect
agricultural, forestal, open space, and natural, historic, and scenic resources; and also to allow residential uses at a density
of up to 0.5 acres per dwelling unit.
The Rural Area chapter recommends consideration of a few new land uses in the Rural Area, including supportive uses
for agriculture, tourism and crossroads communities. As new uses are proposed in the Rural Area, it is essential they meet
the following standards.
• relate directly to the Rural Area and need a Rural Area location in order to be successful, (e.g., a farm winery has
to be located in the Rural Area and would be unlikely to succeed in the Development Areas);
• be compatible with, and have a negligible impact, on natural, cultural, and historic resources;
• not conflict with nearby agricultural and forestal uses;
• reflect a size and scale that complements the character of the area in which they will be located;
• be reversible so that the land can easily return to farming, forestry, conservation, or other preferred rural uses;
• be suitable for existing rural roads and result in little discernible difference in traffic patterns;
• generate little demand for fire and rescue and police service;
• be able to operate without the need for public water and sewer;
• be sustainable with available groundwater; and
• be consistent with other Rural Area policies.
While the proposed use does not meet all the criteria above, Staff acknowledges that the use has been in existence since
before the adoption of the Zoning Ordinance and has been in operation without significant negative impact to the Rural
Area and/or the neighbors.
Review of the proposal against specific objectives (obj.) in Comprehensive Plan found the following:
• ON. 5: Recognize and support crossroads communities, which serve as rural -scale community meeting places and
provide opportunities for residents to take part in community life. While not specifically being in an identified
crossroads community as outlined in the Comprehensive Plan, the proposed use contributes to providing a
crossroads community -like area providing services for the existing community in the area.
• The proposed kennel will provide a needed service to the area at an appropriate scale.
D. Additional Comments from Reviewers
Albemarle County Planning Services — Kevin McCollum, kmccollum@albemarle.org — Requested changes, see below.
1. Should the special use permit be approved, the use cannot commence without the appropriate site development
plans, building permits, and zoning clearances.
2. Except where modified or waived, the use will be subject to the special regulations outlined in Section 5.1.11.
Albemarle County Zoning Services — Lea Brumfield, Ibrumfield@albemarle.org — Review is currently pending. Any
comments will be forwarded to you upon receipt.
Albemarle County Engineering Services — Emily Cox, ecox2&albemarle.org — Requested changes, see below.
1. Since disturbance is over 10,000 SF a VSMP plan will be necessary.
2. Please note that the SWM pond will need to outfall to a conveyance system.
3. Please revise the environmental features paragraph on Page 7 of the narrative to state that all County and State
stormwater management regulations will be met and evaluated with the VSMP plan.
Albemarle County Building Inspections - Betty Slough, bsloughh&albemarle.org — See recommendations below.
1. I really don't have any comments except they cannot use wood frame construction based on the size of the
building.
Fire -Rescue -Howard Lagomarsino, hlaeomarsino&albemarle.org —No objection (10/11/2022).
Virginia Department of Health (VDH) - Alan Mazurowski, alan.mazurowski@vdh.virginia.gov - requested changes,
see below.
1. As requested, I have reviewed the subject plan, dated 9/19/22, for the proposed construction, referenced above. I
understand that a new well and septic system are being proposed and their design is underway. Once our office
has been able to review and approve the plans, I will be able recommend approval of concept plan and special use
permit.
Virginia Department of Transportation (VDOT) - John Wilson, john.c.wilson@vdot.vir ig nia.goy— No objection, see
attached comments.
Rivanna Water and Sewer Authority (RWSA) - Dyon Vega, dvega@rivanna.org—No objection (10/19/2022).
Additional Information
Draft Recommended SP Conditions
Below are draft conditions. Please let us know if you object to any of these. The wording of these conditions may change
slightly before the Planning Commission, but these draft conditions give you a general idea of the conditions Staff will be
recommending to the Planning Commission.
1. Development of the use must be in general accord with the conceptual plan titled "Wakefield Kennel
Diagrammatic Site Layout" drawn by Line and Grade Civil Engineering. To be in general accord with the
Conceptual Plan, development must reflect the following major elements essential to the design of the
development:
a. Location of buildings;
b. Location of parking areas;
c. Location of outdoor runs; and
d. Location of sound -dampening fence
Minor modifications to the plan that do not conflict with the elements above may be made to ensure compliance
with the Zoning Ordinance.
2. The number of kennels may not exceed one hundred (100) dog kennels.
3. The outdoor runs must be surrounded by a sound -dampening fence as shown on the concept plan and described in
greater detail in the application narrative.
Action after Receipt of Comments
Please see the attached document "Action After Receipt of Comment Letter."
Within one week (7 days) of receiving this comment letter, please do one of the following:
1. Request deferral, as required by Section 33.11, if you will resubmit to answer the above questions and provide
additional information. You can request a deferral in writing (by email) which will allow you up to six months to
work on revisions to the application. If you request deferral, we can still proceed to the next available PC Public
Hearing which is January 24, 2022, but Staff will need any additional info in the next couple of weeks.
2. Proceed to Planning Commission public hearing. At this time, you may request that your application proceed to
public hearing with the Planning Commission. With this option, no additional documents will be accepted and
staff will take your project to the Commission as originally submitted, but without a recommendation of approval.
Please be advised that the next available Planning Commission Public Hearing is January 24, 2022 regardless of
whether you defer/resubmit or "proceed."
3. Withdraw your application. If at any time you wish to withdraw your application, please provide your request in
writing (by email).
Staff recommends option 1, request a deferral so that you can resubmit your application. Once deferred, Staff will work
with you to address comments and choose a Planning Commission date for public hearing. At this time, Staff has reserved
a Planning Commission Public Hearing for January 24, 2023, but would like to see the additional information requested
above. Please resubmit this information as soon as possible. Comment responses can be in a formal comment response
letter or by email to me.
Resubmittal
If you choose to resubmit, please upload your documents online here: https://Ifweb.albemarle.ors/Forms/CDDSubmission
or send directly to me. There is no fee for the first resubmittal.
Notification and Advertisement Fees
This fee has been paid. No additional fees are required at this time.
Please feel free to contact me by using kmccollum&albemarle.org or 434-296-5832 ext.3141 for further information.
Sincerely,
Kevin McCollum
Senior Planner
Planning Division, Department of Community Development
Attachments:
1. Action After Receipt of Comment Letter
COMMONWEALTH of VIRGINIA
DEPARTMENT OF TRANSPORTATION
Stephen C. Brich, P.E. 1401 East Broad Street
Commissioner Richmond, Virginia 23219
October 14, 2022
County of Albemarle
Department of Community Development
401 McIntire Road
Charlottesville, VA 22902
Attn: Kevin McCollum
Re: SP-2022-00027, SE-2022-00056, SE-2022-00057 — Wakefield Kennel
Review# 1
Dear Mr. McCollum:
(804) 7862701
Fax: (804) 7862940
The Department of Transportation, Charlottesville Residency Transportation and Land Use
Section has reviewed the above referenced plan as prepared by Line and Grade dated 19
September 2022, and finds them generally acceptable.
A VDOT Land Use Permit will be required prior to any work within the right-of-way. The
owner/developer must contact the VDOT Charlottesville Residency Land Use Section at (434)
422-9399 for information pertaining to this process.
If you have further questions, please contact John Wilson at 434-422-9782.
Sincerely,
John C. Wilson, P.E.
Assistant Resident Engineer
Land Use
VDOT - Charlottesville Residency
VirginiaDOT.org
WE KEEP VIRGINIA MOVING
DEPARTMENT OF COMMUNITY DEVELOPMENT
ACTION AFTER RECEIPT OF COMMENT LETTER
FIRST SET OF COMMENTS
State Code requires a 90-day review by the Planning Commission unless the applicant requests
deferral. As you will read in this comment letter, staff recommends changes to your project to help you
achieve approval. Without these changes, staff cannot recommend approval to the Planning
Commission.
If you need more time to make these changes, and if you prefer to move forward to the Planning
Commission with a recommendation for approval, you must request deferral. If you choose not to
request deferral, staff will take your project to the Commission as originally submitted, but without a
recommendation of approval. Instructions for requesting a deferral are outlined below.
Within one week, please do one of the following:
(1) Request deferral, as required by Section 33.11, if you will resubmit.
(2) Proceed to Planning Commission public hearing.
(3) Withdraw your application.
(1) Deferral requested
To request deferral, you must submit a request in writing to defer action by the Planning Commission
and Board of Supervisors. The request may be made by email. Please note that your request for
deferral may not be accepted and the County may retain the initial scheduled hearing date. If your
request for deferral is accepted the application will be deemed withdrawn if the application is not
reactivated within six months of the request for deferral or within 32 months from the time the
application was determined or deemed complete.
(2) Proceed to Planning Commission Public Hearing
At this time, you may request that your application proceed to public hearing with the Planning
Commission. With this option, no additional documents will be accepted and staff will take your
project to the Commission as originally submitted, but without a recommendation of approval.
(3) Withdraw Your Application
Revised 9-17-19 MCN
If at any time you wish to withdraw your application, please provide your request in writing.
Failure to Respond
An application shall be deemed to be voluntarily withdrawn if the applicant requests deferral pursuant
to subsection 33.11 and fails to provide within 90 days before the end of the deferral period all of the
information required to allow the Board to act on the application, or fails to request a deferral as
provided in subsection 33.11.
Fee Payment
Fees paid in cash or by check must be paid at the Community Development Intake Counter. Make
checks payable to the County of Albemarle. Do not send checks directly to the Review Coordinator.
Fees may also be paid by credit card using the secure online payment system, accessed at
h tt p s://w w w. a l b e m a r l e. o rg/government/community-d eve l o p m e n t/apply-for/p l a n n i n g-and -sit e-
development-applications.
Revised 9-17-19 MCN