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Home My WebLink AboutSP200900017 Review Comments No Submittal Type Selected 2009-07-02ALg�,�� 'IRGINZ� COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 July 2, 2009 Blair L. Morgan Hugs and Kisses Day Camp and Hotel for Dogs with Special Needs 5038 Turkey Sag Road Keswick, VA 22947 -1603 RE: SP 200900017 Hugs and Kisses Day Camp and Hotel for Dogs with Special Needs Dear Ms. Morgan: We have had an opportunity to review your application for a commercial kennel at 5038 Turkey Sag Road (TMP 49 -6B). The application is for a daytime dog care (camp) and overnight stays (hotel) with the following restrictions provided: Day Care (Camp • Days of Operation: Tuesday, Wednesday, Thursday (weather permitting — alternate days if weather cancels: Monday / Friday) • Hours of Operation: 11 AM to 3 PM • Transportation: Picked up /dropped off (at dogs home) • Dogs per day: Tuesday — 10; Wednesday — 15; Thursday — 10 Overnight (Hotel) • No days of operation specified • No hours of operation specified • Transportation: Picked up /dropped off (at dogs home) • Live with applicant and personal dogs (two at this time) • Stay inside when applicant is not present • Supervised when outside General • No employees • Closed to the public • Business in operation since 1999 • Owner /operated • Website — www.blairsbabies.com SP 2009 -17 7/2/2009 Page 1 of 4 As some of the comments concern the waivers from all requirements of Section 5.1.11, the ordinance section has been copied below for your convenience. In addition, Section 5.1, the ordinance section that allows waivers to be granted under certain circumstances, has also been copied below. Following the copied zoning ordinance sections, you will find the comments from the departments /agencies that reviewed your application. Zoning Ordinance Section 5.1.11 COMMERCIAL KENNEL, VETERINARY SERVICE, OFFICE OR HOSPITAL, ANIMAL HOSPITAL, ANIMAL SHELTER (Amended 6- 14 -00) Each commercial kennel, veterinary and animal hospital shall be subject to the following: 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 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 fifty (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) 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 fifty -five (55) decibels; (Amended 11- 15 -89; 6- 14 -00) c. In all cases, animals shall be confined in an enclosed building from 10:00 p.m. to 6:00 a.m. (Amended 11- 15 -89; 6- 14 -00) 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) Section 5.1 SUPPLEMENTARY REGULATIONS The following supplementary regulations apply to referenced uses in all districts whether or not such uses are permitted by right or by special use permit. These supplementary regulations are in addition to all other requirements of this chapter, the Code, and all other applicable laws. Any requirement of section 5.0 may be modified or waived in an individual case, as provided herein: a. The commission may modify or waive any such requirement upon a finding that such requirement would not forward the purposes of this chapter or otherwise serve the public health, safety, or welfare; or that a modified regulation would satisfy the purposes of this chapter to at least an equivalent degree as the specified requirement; except that, in no case, shall such action constitute a modification or waiver of any applicable general regulation set forth in section 4.0 or any district regulation. In granting such modification or waiver, the commission may impose such conditions as it deems necessary to protect the public health, safety, or welfare. b. The board of supervisors shall consider a modification or waiver of any requirement of section 5.0 only as follows: 1. The denial of a modification or waiver, or the approval of a modification or waiver with conditions objectionable to the developer may be appealed to the board of supervisors as an appeal of a denial of the plat, as provided in section 14 -226 of the Code, or the site plan, as provided in sections 32.4.2.7 or 32.4.3.9, to which the modification or waiver pertains. A modification or waiver considered by the commission in conjunction with an application for a special use permit shall be subject to review by the board of supervisors. SP 2009 -17 7/2/2009 Page 2 of 4 2. In considering a modification or waiver, the board may grant or deny the modification or waiver based upon the finding set forth in subsection (a), amend any condition imposed by the commission, and impose any conditions it deems necessary for the reasons set forth in subsection (a). (12- 10 -80; 9 -9 -92; Ord. 01- 18(4), 5 -9 -01) 4.14.1 NOISE All sources of noise (except those not under direct control of occupant of use, such as vehicles) shall be subject to and comply with section 4.18. 4.18 NOISE The board of supervisors hereby finds and declares that noise is a serious hazard to the public health, safety, welfare, and quality of life, and that the inhabitants of the county and adjoining localities have a right to and should be free from an environment of noise. Therefore, it is the policy of the county to regulate noise as provided in this section 4.18. See other regulations in Section 4.18 at http: / /www. albemarle. org /upload/images/ forms_ center /departments /county_attorn ey /form s /Albemarle_Co unty_Code_Ch 18_ Zoning04 _General_Regulations.pdf REVIEW COMMENTS The following comments have been received from the application's reviewers: Zoning Division 1. The attachment (A) refers to a waiver of Section 5.1.11 c and it is not clear why. That subsection requires confinement during nighttime hours. Is that happening or will they be outside? 2. Since waivers have been requested that will require alternative measures to assure that noise from barking dogs will be mitigated by means other than the setback and soundproof building requirements, explain what these measures are and how the noise from barking dogs will mitigate the noise impacts from neighboring properties. 3. Please address Section 5. 1.11 a, which requires what is called a fence but amounts to a wall of concrete block, brick or other similar material. The existing fence of wire mesh would not serve to attenuate noise impacts. 4. It may be necessary to know the maximum sound levels at the property line. This is best addressed through an acoustical engineer or someone with a similar background, who can measure sound levels while the sound is being simulated. Planning Division This application resulted from a zoning violation complaint. In June 1999, your application for a Home Occupation Class A was denied, as it did not meet the definition of a Home Occupation Class A (Attachment A) and that a special use permit would be required for the business. 1. The application has requested waivers from all Sec. 5.1.11 regulations, but the application does not include specific justifications for waivers. Justification for each of the waivers that you have requested should be provided. 2. The application has requested that the dog camp/hotel is for animals with "special needs ", including the following special needs: "deaf/blind, rescued, arthritis, senior, diabetic, claustrophobic, disorders (hip /elbow, kidney, neurological), separation anxiety, skin /food allergies ". The application does not mention caring for dogs with no special needs. Please clarify if the dog care only includes animals with special needs or if it also includes dogs that have no special needs. 3. The application Exhibit 6 Fencing plan will require labels for the structures (what purpose they serve and their relationship to the dog care) and the fence. Describe the type and height of the fence on the SP 2009 -17 7/2/2009 Page 3 of 4 fence plan. There appears to be two kinds of fences used. Please show on the plan the location for each kind of fence and its height (if the heights vary). 4. One copy of the revised plan and any additional information should be submitted according the re- submittal schedule. Current Development 1. If no additional parking and no change to the entrance is proposed or required, no site plan will be required. Fire Rescue 1. Must comply with the Virginia Statewide Fire Prevention Code. Approval is subject to field inspection and verification. If you have any questions regarding these comments, please contact Joan McDowell at 434/296 -5823 X 3249. A copy of the re- submittal schedule is attached for your convenience. Sincerely, Joan McDowell Principal Planner, Rural Areas Attachments SP 2009 -17 7/2/2009 Page 4 of 4