HomeMy WebLinkAboutSP200700044 Presentation 2008-01-09 rft
SPCA Amendment
SP2007-044
Purpose of This SP:
To allow construction of outside
fenced exercise areas for dogs at the
SPCA's current facility on Berkmar
Drive.
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LOCATION /
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6.35 acre site fronts on `\ ��
Berkmar Drive =� , / -4;5 ��
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COMP PLAN LAND
USE111 i
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Green = Transitional 1 _ �'�.
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Pink = Regional Service --
Red = Community Service ----- tk ¢/
Blue = Institutional '
White = Rural Areas o '1,---- � /� /'
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Project is in compliance N �,� '��
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Plan Land Use -, $ ,�� , ,
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ZONING �j�—/ ()
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Pink = Commercial /)--N
Orange = R-6 /
Brown = R-15
Red = Highway
Commercial
Lt. Red = Comm'I/Office /` /oe r, / '/ 29
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Magenta = PD — SC J ,_ -'
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Parcelatintensi
On August 9, 2000, the Board of Supervisors approved ZMA 2000-005 to
rezone the parcel to C-21 Commercial so the SPCA could construct an animal
shelter on the property.
At the same time, the Board approved SP 2000-022, with six conditions, to
permit operation of an animal shelter on the property.
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SPCA Plan
Blue = Dog Exercise
Areas
Green = Tree
Conservation Areas
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Brown = Path ti
SP is for the Dog - �r
Exercise Areas shown
in blue on the plan �•-- -m... ,�., ` w
This is the same plan included in the Commission's packets. Staff has colored in
the relevant areas to show locations and relationships.
First, here is Berkmar Drive
Entrance to the SPCA
Parking Lots
Main Building
Blue areas are the fenced dog exercise areas
Green areas are Tree Conservation Areas
Brown is the path
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Staff Analysis of the Zoning Ordinance
...that such use will not be of substantial
detriment to adjacent property
...that the character of the district will not be
changed thereby
...such use will be in harmony with the
purpose and intent of this ordinance
...with uses permitted by right in the district,
...with the additional regulations provided in
section 5.0 of this ordinance,
...and with the public health, safety and
general welfare.
Highlight staffs analysis:
1) Not be of substantial detriment to adjacent property—similar facilities are
now in use and have not created problems. The dogs are now walked and
exercised outside. Several conditions will apply.
2) That the character of the district will not be changed—the surrounding
properties are zoned R-6 and R-15, but have a mixture of primarily
commercial and office uses with a few residences. In other words, this is
basically a commercial district surrounded by a residential district, but the
districts do not reflect the uses in the area.
3) Such uses will be in harmony with the purpose and intent of this ordinance—
animal shelters are allowed by special use permit in commercial districts.
The approval of a special use permit (SP 2000-022) by the BOS on April 17,
2000 reflected a finding that this use would be in harmony with the
ordinance's purpose and intent. The current request for an amendment to the
Sp will simply further the approved use of this property.
4) With uses permitted by right in the district—uses permitted in a commercial
district include retail sales and service uses. The animal shelter is consistent
with these uses, has functioned well with them, and is expected to continue
to do so.
5) With the additional regulations provided in section 5.0 of this ordinance—the
applicant has requested a waiver of the two provisions in section 5.1.11,
which staff will discuss in a moment. Otherwise, this facility and this request
meets all of the requirements of section 5.0.
6) And with the public health, safety and general welfare—the current facility 6
fi ilfillc a nnmmi unihi nAArl hli nrnwirlinn a hnmal and arinnfinn caniinAc fnr
Highlight staff's analysis:
1) Not be of substantial detriment to adjacent property—similar facilities
are now in use and have not created problems. The dogs are now
walked and exercised outside. Several conditions will apply.
2) That the character of the district will not be changed—the surrounding
properties are zoned R-6 and R-15, but have a mixture of primarily
commercial and office uses with a few residences. In other words, this
is basically a commercial district surrounded by a residential district,
but the districts do not reflect the uses in the area.
3) Such uses will be in harmony with the purpose and intent of this
ordinance—animal shelters are allowed by special use permit in
commercial districts. The approval of a special use permit (SP 2000-
022) by the BOS on April 17, 2000 reflected a finding that this use
would be in harmony with the ordinance's purpose and intent. The
current request for an amendment to the Sp will simply further the
approved use of this property.
4) With uses permitted by right in the district—uses permitted in a
commercial district include retail sales and service uses. The animal
shelter is consistent with these uses, has functioned well with them,
and is expected to continue to do so.
5) With the additional regulations provided in section 5.0 of this
ordinance—the applicant has requested a waiver of the two provisions
in section 5.1.11, which staff will discuss in a moment. Otherwise, this
facility and this request meets all of the requirements of section 5.0.
6) And with the public health, safety and general welfare—the current
facility fulfills a community need by providing a home and adoption
services for dogs, cats, and other animals. The current proposal for the
fenced exercise areas will only improve the services provided. Staff
notes that the original SP was approved with the understanding that
the dogs would not be walked outside between the hours of 10pm and
6am, which provision will remain in the new conditions.
Waivers Requested
1 . Section 5.1 .11 a: the first part requires that any
structure not soundproofed be at least 500 feet
from the lot line of any residential district.
Since most of the SPCA's property is surround
by an R-6 district, this requirement applies.
The second part requires a 6-foot high solid
fence be constructed around any non-
soundproofed confinements.
The applicant has requested two waivers, as described in the staff report.
The first one is a waiver of both requirements of section 5.1.11a. The 500-foot
setback requirement would effectively prohibit the opportunity to locate any
outdoor Dog Exercise Areas on the property. The dogs are only outside
temporarily and not between 10:00 pm and 6:00 am. Staff notes that the
animals are not being confined in these fenced exercise areas. They will be
exercised and played with, and meet with potential adopters, as described on
page 6 of the staff report.
Second part requiring a 6-foot high solid fence—waiver requested:
1. Would be cost prohibitive
2. For safety reasons, staff and volunteers need to be able to see what is going
on in the fenced areas.
3. It improves the character of the surrounding community to see the activities
of the dogs in the fenced areas and the care that is given them.
Staff believes that the applicant's request is justifiable and appropriate. Staff
recommends approval of a waiver for both parts of section 5.1.11 a and notes
that the original conditions governing the special use permit will still apply
(10pm to 6am).
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Waivers Requested
2. Residential District 20-
foot Setback: .
Applicant is requesting the
waiver to \
accommodate the -
fencing along the right
front side of the
property adjacent to -`
the property owned by
Foundations LLC. -
The second waiver request is for the residential district 20-foot setback. POINT
OUT AREA AFFECTED. While the Foundations LLC property is zoned R-6, the
use is a commercial one—a daycare.
The applicant would like the 20-foot setback requirement waived in this area so
that the fence can be placed outside the path and preserve the tree
conservation area. For safety reasons, the path must remain inside the fence, so
that dogs cannot escape from the area.
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Factors Favorable:
1 . The proposed Dog Exercise Areas are an
appropriate addition to the current facility. They
are a means of enhancing the lives of the dogs
and improving their chances of adoption.
2. The proposed Dog Exercise Areas will provide a
safer and more comfortable environment for
staff, volunteers, and potential adopters to take
care of and interact with the dogs.
3. The Dog Exercise Areas have been designed
with the surrounding community in mind.
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Factors Unfavorable:
Staff has identified no factors unfavorable to
this application.
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RECOMMENDATION
Staff recommends approval of this Special Use
Permit subject to the following conditions:
1 . Planning Dept. 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. Fundraising activities and other special events shall
not occur unless a zoning clearance has been issued
by the Department of Community Development.
The first condition is the same as the one in the original SP (2000)
The second condition has the same intent, but has been reworded from the
version shown in your staff report—staff needed to update the name and the
type of permission to a zoning clearance. A zoning clearance is the same permit
used for fundraising activities like the Crozet Music Festival and similar events.
Such a clearance ensures that the facility has adequate parking, traffic control,
and any other necessary requirements are met.
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Conditions continued:
3. 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.
4. Animals shall be confined in an enclosed building from
10:00 pm to 6:00 am.
5. Uses shall be limited to an animal shelter and a
veterinary hospital with associated offices only.
6. Fencing shall be of the material 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.
Third condition: added the date of the plan attached to your staff report.
Fourth condition: same as in the original SP
Fifth condition: same as in the original SP
Sixth condition: addresses the type of fencing to be used.
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RECOMMENDATION--Waivers
Staff recommends approval of both waivers:
1. Section 5.1.11 a
2. Residential District 20-foot Setback
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