HomeMy WebLinkAboutSP200900024 Review Comments No Submittal Type Selected 2009-10-30tv -,
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County of Albemarle
Department of Community Development
Memorandum
To: Judy Wiegand, Senior Planner
From: Sherri Proctor, Senior Permit Planner
Division: Zoning
Date: October 20, 2009
Subject: SP- 2009 -24 Rockfish Wildlife Sanctuary
I have reviewed the application and now offer these comments:
This use will be subject to the supplemental regulations of Section 5.1.11 which are provided
here for your reference.
5.1.11 COMMERCIAL KENNEL, VETERINARY SERVICE, OFFICE OR HOSPITAL, ANIMAL
HOSPITAL, ANIMAL SHELTER (Amended 6- 14 -00)
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)
In response to the above regulations, staff makes the following comments:
5.1.11(a) and (b) -The proposed use will be established within an existing barn located on
the property. The existing barn is approximately 1068 feet from the northern property
boundary and approximately 1747 feet from the eastern property boundary.
5. 1.11 (c)-The applicant proposes that there will be 1 or 2 staff persons on site between
the hours of 7 am and 7 pm. Animals shall be confined between the hours of 10 pm and
6 am.
5.1.11 d -Given the fact that this use is clearly out of the vicinity of urban density or
intense activity, staff determines that this regulation is not applicable, but these additional
considerations will be left to the discretion of the commission.
Regarding the parking required for the proposed use, the zoning ordinance does not provide a
parking requirement for the specified use. The zoning ordinance does provide a parking
requirement for Commercial Kennels and Veterinary Clinics, neither of which can be feasibly
applied to the proposed use. Staff refers to Section 4.12.7 for guidance:
4.12.7 MINIMUM NUMBER OF REQUIRED PARKING SPACES FOR UNSCHEDULED USES
For uses not specifically identified in section 4.12.6, including mixed uses, or when a conflict
exists between possibly applicable schedule requirements, the zoning administrator shall
determine the minimum number of required parking spaces. In making this determination, the
zoning administrator shall consider the characteristics of the proposed use or uses, anticipated
employment, the number of residents and/or visitors, the minimum parking required for similar
uses or mixes and other relevant considerations. The zoning administrator shall also consider the
following:
a. Permitted use not otherwise identified. A total number of spaces sufficient to accommodate
the vehicles of all employees of the establishment plus those of all persons who may be
expected to visit the same at any one time.
b. Concurrent uses. The zoning administrator may require additional parking for concurrent uses
on any site.
c. Parking study. The zoning administrator may consider the recommendations of any parking
study relevant to the request, whether it is supplied by the applicant or available from any
other source, as well as traffic generation figures, including estimates by the Institute of
Transportation Engineers, peak parking demands, and other relevant information.
In response to the above regulations, staff offers the following analysis:
4.12.7(a)- applicant states that there will be up to two employees on site at any given
time. The use itself will not typically generate customers as it is not a typical "animal
shelter." Animals are not offered for adoption, they are transported to various locations,
whether for release outdoors, or to another facility for care elsewhere. The only
"customers" likely to visit the site are those that are transporting an animal to the
proposed facility.
4.12.7(b) -Does not apply in this case as this is the only use proposed at this location.
4.12.7(c) -The applicant has provided adequate information in determining the required
parking for the proposed use. The floor plan depicts approximately 250 sq.ft. of
office /employee uses, the remaining 1750 sq.ft. is shown as storage and housing for
animals. When applying the parking regulations to specific uses, the 250 sq.ft. area for
office /employee use would require 1.25 spaces. In consultation with the Zoning
Administrator and Section 4.12.7, staff is relying on the information provided in the
application and has determined that the proposed three (3) spaces shown on the plan
are adequate to meet the needs of the proposed use.
As the location restrictions are more stringent that the zoning regulations with respect to
setbacks, and given the fact that the barn is an existing structure, staff offers no additional
comment regarding setbacks.