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HomeMy WebLinkAboutSP200900024 Staff Report 2010-01-07COUNTY OF ALBEMARLE PLANNING STAFF REPORT SUMMARY Project Name: SP2009- 00024, Rockfish Wildlife Staff: Judith Wiegand, Senior Planner Sanctuary Planning Commission Public Hearing: Board of Supervisors Public Hearing: January 12, 2010 To be determined. Owner: The Miller School of Albemarle Applicant: Nathou Attinger, owner of the Rockfish Wildlife Sanctuary Acreage: The subject parcel is 1046.98 acres. The Special Use Permit: proposed wildlife sanctuary would be located on a Section 10.2.2 (47) Animal Shelter 3 -acre portion of the subject parcel that includes an old barn. The entire Miller School campus includes over 1600 acres. See Attachment A TMP: 07200 -00 -00 -03200 (Portion) Existing Zoning and By -right use: Location: On the Miller School property with RA -- Rural Areas: agricultural, forestal, and access off of Dick Woods Road, approximately fishery uses; residential density (0.5 unit/acre) 3500 feet from the intersection of Dick Woods Road and Miller School Road. Magisterial District: Samuel Miller Conditions: Yes DA (Development Area): Requested 0 of Dwelling Units: NA RA Rural Areas): X Proposal: To relocate the Rockfish Wildlife Comprehensive Plan Designation: Rural Areas - Sanctuary, which rehabilitates orphaned and injured preserve and protect agricultural, forestal, open wildlife, from a private residence in Nelson County space, and natural, historic and scenic resources/ to the Miller School campus in Albemarle County. density (0.5 unit/ acre) Relocation would include renovating an old, unused barn located on an approximately 8.6 acre portion of the campus. Character of Property: Rolling rural terrain with Use of Surrounding Properties: Properties some fields and some forested areas. surrounding the Miller School campus have residences, some agricultural buildings, fields, and forested areas. Factors Favorable: Factors Unfavorable: 1. Rehabilitation of orphaned and injured Staff has identified no factors that are unfavorable wildlife is a needed service in Central Virginia, to this application. 2. Since approximately 50 percent of the wildlife currently cared for at Rockfish Wildlife Sanctuary is found in Albemarle County, locating the sanctuary in the County would bring it closer to the need. 3. Locating the sanctuary in the County would also bring it closer to the Wildlife Center of Virginia (located in Waynesboro), which will benefit more severely injured or ill animals that require the higher level of veterinary care provided at the Center. 4. An unused structure, the bam, would be renovated and maintained. RECOMMENDATION: Staff recommends approval of this Special Use Permit with conditions. SP2009 -00024 PC January 12, 2010 Staff Report Page I STAFF PERSON: Judith Wiegand, Senior Planner PLANNING COMMISSION: January 12, 2010 BOARD OF SUPERVISORS: Not Scheduled SP 2009 - 00024, Rockfish Wildlife Sanctuary Petition PROJECT: SP200900024 Rockfish Wildlife Sanctuary PROPOSED: special use permit to renovate existing barn for wildlife sanctuary; no residential units proposed. Waivers have been requested from Section 5. 1.11 (a) and (c) requiring solid fencing and that animals be confined in an enclosed building between 10:00 p.m. and 6:00 a.m. ZONING CATEGORY /GENERAL USAGE: RA -Rural Areas: agricultural, forestal, and fishery uses; residential density (0.5 unit/acre) SECTION: 10.2.2 (47) Animal Shelter COMPREHENSIVE PLAN LAND USE/DENSITY: Rural Areas - preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources/ density ( .5 unit/ acre) ENTRANCE CORRIDOR: No LOCATION: Miller School; 1000 Samuel Miller Loop, Crozet; access off Dick Woods Road approximately 3500 feet from the intersection of Dick Woods Road and Miller School Road (Rt. 635) TAX MAP/PARCEL: TMP 07200000003200 MAGISTERIAL DISTRICT: Samuel Miller Character of the Area The 1600 -acre campus of the Miller School, a private coeducational day and boarding school, is in the County's Rural Areas. The 1046.98 -acre parcel that is the subject of this special use permit application includes the old barn and approximately 3 -acre area surrounding the barn where the proposed wildlife sanctuary would be located. The general area around the proposed sanctuary is the campus and is characterized by fields and rolling terrain. The barn that would be renovated to house the wildlife sanctuary is in a separate area from the main campus. The closest adjacent property to the proposed wildlife sanctuary is approximately 1200 feet to the north and includes a residence. (See Attachment B) Specifics of the Proposal The applicant currently operates the Rockfish Wildlife Sanctuary at her residence in Nelson County. The sanctuary treats orphaned and injured wildlife, primarily birds and small mammals, that are native to Central Virginia (the Sanctuary does not provide care to exotic animals or domestic pets). The sanctuary is staffed by a federal- and state - licensed wildlife rehabilitator. The rapid growth of the sanctuary since it opened in 2004 has led the founder to develop a partnership with The Miller School. The school has agreed to lease an old barn and three surrounding acres to the Sanctuary for five years, with an option to renew for an additional five years. The Sanctuary would renovate the barn to accommodate the facility (See Attachments F and G). Over 50 percent of the wild animals now treated at the sanctuary come from Albemarle County and about 75 percent are orphaned or injured birds, according to the applicant. A maximum of two (2) staff would care for the animals in the barn. Once the animals have recovered enough and/or are mature enough they would be moved to cages outside of the barn or to the aviary in order to help them acclimate to a more natural setting. Staff would be at the facility from 7:00 am to 7:00 pm. The sanctuary does not have a veterinarian on staff, so severely injured and ill animals are taken to the Wildlife Center of Virginia, located in Waynesboro, Virginia. Moving the sanctuary to the Miller School would also bring it much closer to the Wildlife Center. All rehabilitated animals would be released back into the wild at the site from which they were taken or on fauns whose owners have given permission for animals to be released there. No animals would be released at the Miller School site. SP2009 -00024 PC January 12, 2010 Staff Report Page 2 The wildlife sanctuary would not be open to visitors or the general public. The partnership with the Miller School does involve the students. However, the students would have no direct contact with the animals because Sanctuary staff does not want the animals to acclimate to humans. Instead, the students would work on education programs for other schools, the website, public relations, grant writing, and so on. None of these activities would involve students being at the barn or on the site. The barn would be renovated in a style in keeping with the agricultural character of the area. While the main campus of the Miller School is on the National Register of Historic Places, the barn is not part of the historic campus and is not a contributing structure. A photograph of the existing barn is included as F and a concept of the renovated barn as G. Plannine and Zonine History The Miller School property is in the Rural Areas and is zoned Rural Areas. Prior to December 1980, the property was zoned agricultural. The Miller School originally developed this parcel and has occupied it since the school was founded in 1878. Conformity with the Comprehensive Plan The Comprehensive Plan designates the subject property as Rural Areas, emphasizing the preservation and protection of agricultural, forestal, open space, and natural, historic and scenic resources as land use options. Conservation of natural, scenic, and historic resources is a recognized purpose of the County's Rural Areas. Wildlife is one of these natural resources, so providing rehabilitation services for orphaned and injured wildlife supports a purupose of the Comprehensive Plan. STAFF COMMENT: Staff addresses each provision of Section 31.6 of the Zoning Ordinance: 31.2.4.1: Special Use Permits provided for in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adjacent property, The minimum distance from barn that would house the Rockfish Wildlife Sanctuary to the nearest property line is 1,229 feet. The orphaned and injured animals would be cared for first inside the barn. Once their condition improves or they mature, they would be moved outside into cages or an aviary to help them acclimate to a more natural setting. The healthy, mature animals would not be released on the Miller School property. No additional services would be needed in the area and the increase in traffic would be very minimal. No negative impacts to adjacent property, which might include noise or traffic, are anticipated. that the character of the district will not be changed thereby and The barn would be renovated and its use for wildlife rehabilitation would be in keeping with the agricultural nature of the surrounding area. There would be a maximum of two staff at the facility at any time and no visitors are proposed. The well and septic system that would be installed, as well as the electric service, would enable the bam to be reused and would serve only the barn. Parking would be minimal (three spaces) and the driveway would remain gravel. Allowing the wildlife sanctuary to operate on the campus would not change the character of the district. that such use will be in harmony with the purpose and intent of this ordinance, Section 18, Chapter 10 of the Zoning Ordinance outlines the purpose of Rural Areas zoning: "This district (hereafter referred to as RA) is hereby created and may hereafter be established by amendment of the zoning map for the following purposes: SP2009 -00024 PC January 12, 2010 Staff Report Page 3 - Preservation of agricultural and forestal lands and activities; -Water supply protection; - Limited service delivery to the rural areas; and - Conservation of natural, scenic, and historic resources." Reusing the barn for a wildlife sanctuary would help preserve the wildlife in the area, as well as preserving the barn itself. The proposed well and septic system would serve only the barn, so operation of the Sanctuary would not create a demand for service delivery to the RA. Permitting the wildlife sanctuary to relocate to this area is in keeping with the purpose and intent of the Rural Areas, particularly the conservation of natural f RISIVIOP .A with uses permitted by right in the district, As an animal shelter, the Rockfish Wildlife Sanctuary would not conflict with the agricultural, forestal, and residential uses allowed by right in the district. with the additional regulations provided in section S.0 of this ordinance, The Rockfish Wildlife Sanctuary would be regulated as an "animal shelter," under Section 5. 1.11 Commercial Kennel, Veterinary Service, Office or Hospital, Animal Hospital, Animal Shelter. The applicant has requested waivers from sections (a) and (c) (discussed later in this report) of this section of the ordinance. The applicant meets the requirements of (b) and (d): (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; Staff notes that the barn would not be soundproofed, but it is well beyond the 200 -foot distance. Also, unlike a more usual animal shelter that handles domestic pets, the birds and small mammals that would be handled at the sanctuary would be the same as those found in the wild, so any noise, such as an owl hooting, would be a natural part of the environment. (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. Given the fact that this use is clearly out of the vicinity of urban density uses or intense activity, staff has determined that this regulation is not pertinent and that special requirements are not necessary. and with the public health, safety and general welfare. The proposed wildlife sanctuary would be located in an isolated area and only the trained staff would come in contact with the animals. When staff is notified of an injured or orphaned animal, staff would pick up the animal; the public would not bring animals to the sanctuary. Animals at the sanctuary would be confined and would be released offsite only when they are grown and healthy. Therefore, the potential for the spread of disease to other populations, either wild or human, would be minimal. Only the staff would travel to and from the proposed sanctuary, so the traffic impacts would be very minimal. Since the sanctuary would be over 1200 feet from the nearest property line, any noise impacts from the animals would also be minimal. A condition requiring approval by the Virginia Department of Health for the well and septic system serving the barn is included. SP2009 -00024 PC January 12, 2010 Staff Report Page 4 The Virginia Department of Transportation (VDOT) has determined that the sight distance at the existing driveway location is adequate. VDOT has indicated that a permit would be needed for maintenance of the driveway within the VDOT right -of -way on Route 637 (Dick Woods Road). The minimum standards for the entrance should be similar to those for an agricultural entrance. The details would be determined at the time a Land Use Permit is issued by VDOT. A condition requiring the applicant to obtain a Land Use Permit from VDOT in included. SUMMARY: Staff has identified the following factors favorable to this application: 1. Rehabilitation of orphaned and injured wildlife is a needed service in Central Virginia. 2. Since approximately 50 percent of the wildlife currently cared for at Rockfish Wildlife Sanctuary is found in Albemarle County, locating the sanctuary in the County would bring it closer to the need. 3. Locating the sanctuary in the County would also bring it closer to the Wildlife Center of Virginia (located in Waynesboro), which will benefit more severely injured or ill animals that require the higher level of veterinary care provided at the Center. 4. An unused structure, the barn, would be renovated and maintained. Staff has identified no factors that are unfavorable to this application. RECOMMENDED ACTION: Based on the findings contained in this staff report, staff recommends approval of Special Use Permit 200900024, Rockfish Wildlife Sanctuary subject to the following conditions: 1. Development of the use shall be in substantial accord with the concept plan entitled, "Rockfish Sanctuary, Inc. Concept Plan," prepared by Jill Trischman- Marks, Landscape Architect, and dated August 18, 2009, (hereinafter, the "Concept Plan") as determined by the Director of Planning and the Zoning Administrator. To be in accord with the Concept Plan, the development shall reflect the following major elements within the development essential to the design of the development: • Cages and the aviary located within the fenced meadow • Structures limited to the renovated barn and the aviary • Limit of three parking spaces as shown on the Concept Plan. Minor modifications to the Plan that do not conflict with the elements above may be made to ensure compliance with the Zoning Ordinance. 2. All outdoor lighting shall be only full cut -off fixtures and shielded to reflect light away from all abutting properties. A lighting plan limiting light levels at all property lines to no greater than 0.3 foot candles shall be submitted to the Zoning Administrator or their designee for approval. 3. The hours of operation shall not begin earlier than 7:00 a.m. and shall end not later than 7:00 p.m. each day, seven days per week. 4. All animals being treated must be kept within the barn or the three- (3 -) acre area around the barn that is leased to the Rockfish Wildlife Sanctuary, as shown in Attachment C. 5. There shall be no more than two (2) employees on the site at any time. 6. There shall be no visitors to the Wildlife Sanctuary. 7. Renovation of the barn shall commence on or before twenty -four (24) months from the date of approval by the Board of Supervisors or this special use permit shall expire. 8. Compliance with the Virginia State Department of Health regarding water supply shall be verified by the Health Department prior to issuance of a zoning compliance clearance and the commencement of the special use. SP2009 -00024 PC January 12, 2010 Staff Report Page 5 9. Compliance with the Virginia State Department of Health regarding septic systems shall be verified by the Health Department prior to issuance of a zoning compliance clearance and the commencement of the special use. 10. Approval of Waivers from Sections 5.1.11 (a) and (c) shall be required. 11. In order to maintain the driveway within the right -of -way on Route 637, the applicant shall obtain a Land Use Permit from the Virginia Department of Transportation. Waiver Requests The applicant has requested waivers from the following zoning ordinance requirements. [Section 5.1.11 COMMERCIAL KENNEL, VETERINAR Y SER VICE, OFFICE OR HOSPITAL, ANIMAL HOSPITAL, ANIMAL SHELTER (Amended 6- 14 -00) Each commercial kennel, veterinary and animal hospital shall be subject to the following.] 1. Waiver from Section 5.1.11(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; Applicant's Justification: The applicant has requested a waiver from the requirement for a solid fence around the animal confinement for two reasons: 1. The wildlife being rehabilitated is mostly songbirds and small mammals. These are native to Virginia, so their sounds are part of the normal outdoor soundscape: songbirds sing, raptors call, and squirrels, possums, and rabbits make faint sounds. 2. For successful rehabilitation and release, the animals need to see wild areas and vistas that are similar to where they will be released. A solid fence or wall would prevent them from seeing an environment that will be similar to their eventual home. A solid wall would also limit the sounds and smells that they would be exposed to and to which they must acclimate. The applicant does propose to fence a meadow area on one side of the barn. The cages and aviary would be located in this fenced area. Staff Analysis: The barn that the applicant proposes to renovate will not be soundproofed or air- conditioned. However, the barn is over 1200 feet from the nearest property line, which would provide more than sufficient buffering from the sounds of the birds and small mammals. Staff Recommendation: Staff recommends approval of a waiver from the requirements of Section 5.1.11(a), as the characteristics of the site would isolate the wildlife sanctuary from surrounding properties and any existing residences and solid fencing would not be necessary for sound attenuation and would not be in character with the Rural Areas. 2. Waiver from Section 5.1.11(c) In all cases, animals shall be confined in an enclosed building from 10:00 p.m. to 6:00 a.m. Applicant's Justification: Some of the animals would be housed in cages or an aviary outside the barn, in order to acclimate to a more natural setting. Animals that are going to be released successfully must be acclimated to the night environment: the sounds, smells, sights, varying temperatures, and other weather conditions. While being prepared for release, the animals need to experience the conditions they will face when they become independent of Rockfish Wildlife Sanctuary. Animals who are diurnal (active in daylight hours) need to know to hide a dusk and not make any sounds that would betray their presence to predators. SP2009 -00024 PC January 12, 2010 Staff Report Page 6 Nocturnal animals need to learn how to move around quietly at night, in the rain, in the moonlight, in the dark —all the skills they will need in the wild. They need to experience the nighttime environment in order to learn and practice these skills. The purpose of this requirement is to protect neighbors from the sounds of animals at night, such as barking dogs. The animals that would be at Rockfish Wildlife Sanctuary are species that are native to Virginia, and their sounds are already present in the nocturnal landscape (i.e., owls, whippoorwills, and other night birds). Staff Analysis: As noted above, the barn is over 1200 feet from the nearest property line, so it is unlikely that sounds produced by the animals being rehabilitated would be heard by adjacent property owners. In the event that a noise was audible, it would an naturally occurring noise, such as owl hooting, not the noise of domestic pets. Staff Recommendation: Staff recommends approval of a waiver from the requirements of Section 5.1.11(c), as the location of the wildlife sanctuary on the property would provide sufficient buffering. ATTACHMENTS Attachment A — Location Map — Miller School Campus Attachment B — Aerial Location Map — Miller School Campus Attachment C— Rockfish Wildlife Sanctuary Facilities Plan Attachment D — Concept Plan—Barn Area Attachment E — Narrative description of Rockfish Wildlife Sanctuary Attachment F — Photograph of barn: current state Attachment G — Photograph of barn: concept showing renovations SP2009 -00024 PC January 12, 2010 Staff Report Page 7 SP2009 -00024 PC January 12, 2010 Staff Report Page 8 SP2009 -00024 PC January 12, 2010 Staff Report Page 9 Attachment C a t fill 1 1 ] ❑1111 +❑❑ m1■ ¢ C S � - q � µ r �t q O ��". <'yf w^.n`PPbNU 1.- ay♦t .. �' _. *g F SP2009 -00024 PC January 12, 2010 Staff Report Page 10 •1 '1 1 S ... IAONFl]!. •CUl �•e- ,1x1.. . a 1.eRK�M.R CC Y R9'. RIIC IKI /. SP2009 -00024 PC January 12, 2010 Staff Report Page 11 I Attachment D i I i �r li it 1 '1 1 S ... IAONFl]!. •CUl �•e- ,1x1.. . a 1.eRK�M.R CC Y R9'. RIIC IKI /. SP2009 -00024 PC January 12, 2010 Staff Report Page 11 I Attachment D i I i I Attachment E I Rockfish Wildlife Sanctuary at Miller School The Rockfish Wildlife Sanctuary (RWS) is asking the Albemarle County Board of Supervisors for a special use permit for a portion of the Miller School property. This will enable us to move the RWS firm its current location in Nelson County to the Miller School. The RWS is a wildlife rehabilitation sanctuary, providing care for orphaned and injured native wildlife in Central Virginia Established in 2004 as a private non -profit agency, it is staffed by a federally- and state - licensed wildlife rehabilitator. Currentlythe RWS is located in the founder's home in Nelson County. The animals we serve come from all over the state, but more than fifty per cent are from Albemarle County and the city of Charlottesville. The wildlife served are animals that are native to Virginia: RWS does not provide care to exotics or domestic pets. About 75% of the animals served by RWS are orphaned or injured birds. RWS does provide care for non - birds, and these are almost always orphaned baby mammals (squirrels, rabbits, oppossums, raccoons, skunks, etc.). Though RWS will care :or more than 600 animals this year, the daily census is always below 75, and again, most of these are hub) songbirds, so the space required for their care can be confined to the barn area. Very young animals will be kept in the nursery inside the barn. As they mature, they will be kept in cages outside of the barn to help them acclimate to a more natural setting. There will be an aviary for songbirds (because they are small, 20 or so birds can be cared for in a 6 X l0' X 6' cage) and a separate aviary for crows and/or blue jays. 'I here will also be some cages for young mammals. Because they are small, young, and confined to the barn area, the animals will not be heard by neighbors. The barn is 1068 feet to the property line directly north of the harn. and is 1747 feet to the property line directly oast of the barn. These are the points closest to the ham. The rapid fnowth of RWS icd us to develop a partnership with the Miller School. They have agreed to let us renovate an old barn on their property for the use of RWS. Sincc so many of the animals we serve come from Albemarle County, it seemed appropriate to place the sanctuary in this county. It is also close to the Wildlife Center of Virginia, and this would allow us to rapidly transport severely injured or sick animals to that facility. Since we do not have a veterinarian on staff, all severely injured and ill animals go to the Wildlife Center of Vagina. 'I tie barn will be renovated in a style in keeping with the agricultural nature of the SP2009 -00024 PC January 12, 2010 Staff Report Page 12 area. We will add a well, a septic .system, and electricity. There will be a bathroom and a small nursery for orphaned wildlife. (See enclosed plan for barn.) 'I he driveway to ktc existing ham will he regaveled and maintained. There is adequate parking at the ham tirr the 1-2 staff that will be at the bum between 7 a.m. and 7 p.m. There will be no deliveries to the ham. All rehabilitated animals are released back at the site from which they were found or onto farms whose owners have given us permission to release animals on their property. Animals will not be released on the Miller School site. in summary, the Rocklish Wildlife Sanctuary is asking for a special use permit at the Miller School to allow us to move to an old barn on the property in order to care for the orphaned and injured native wildlife in Central Virginia. SP2009 -00024 PC January 12, 2010 Staff Report Page 13 SP2009 -00024 PC January 12, 2010 Staff Report Page 14 Attachment F qwit 3 1 i SP2009 -00024 PC January 12, 2010 Staff Report Page 15 Went G