TAB F - Fluvanna County, VA

COUNTY OF FLUVANNA
“Responsive & Responsible Government”
P.O. Box 540 Palmyra, VA 22963 (434) 591-1910 FAX (434) 591-1911 www.co.fluvanna.va.us
STAFF REPORT
To: Fluvanna County Board of Supervisors
Case Number: SUP 10:06
Tax Map: Tax Map 10, Section A, Parcel 16B
From: Matt Weaver
District: Palmyra
Date: November 17, 2010
General Information:
This request is to be heard by the Board of Supervisors on
Wednesday, November 17, 2010 at 7:00 pm in the Circuit
Courtroom of the Courts Building.
Owner/Applicant:
Fluvanna SPCA
Representative:
Leah Shiraishi
Requested Action:
A request to amend conditions 2, 3, 7, 8, 9, 11 and 13 of
SUP 96:2, with respect to three (3) acres of Tax Map 10,
Section A, Parcel 16B (Attachment A).
Location:
The affected property is located at 5239 Union Mills Road,
approximately one mile west of the intersection of Route
616 and Route 600.
Existing Zoning:
A-1, Agricultural, General
Existing Land Use:
The parcel is approximately three (3) acres in size with the
building situated near the center of the parcel with wooded
buffers surrounding the structure.
Adjacent Land Use:
Adjacent properties are zoned A-1, Agricultural, General.
Comprehensive Plan:
This property is in the Rural Residential Planning Area.
Zoning History:
This property was denied a Special Use Permit (SUP 95:1)
to construct a 24 run SPCA facility by the Board of
Supervisors on 11 April, 1995. An application for SUP was
submitted in June 1996 (SUP 96:2) which was approved by
the Board of Supervisors pending 13 conditions to be
implemented by the applicant. An application for SUP
(SUP 98:03) to locate two (2) runs for the animal control
officer was withdrawn in June 1998.
1
Existing Conditions:
1. Applicant shall comply with all applicable regulations and state laws pertaining to
animal care and safety.
2. Facility to be open seven days a week from 9:00 to 3:00 p.m., for visitation,
inspection of animals, and cleaning purposes. The only exception would be for
emergency services. Deliveries of animals by animal warden authorized at any time.
3. Facility will contain not more than twenty-four runs. Facility to be totally enclosed
including exercise area for animals, and shall include a ventilation system.
4. Compliance with VDOT requirements to upgrade the entrance to meet minimum
VDOT commercial entrance standards.
5. Review and approval by the County Health Department.
6. The Special Use Permit is for use by the SPCA only and shall expire upon vacation of
aforesaid property by the applicant. The permit is not transferable to another
applicant.
7. Only dogs, cats, and kittens are authorized for care at the facility. Only animals from
Fluvanna County authorized.
8. The maximum period of confinement for animals to be: no longer than six days for
stray dogs, and no longer than 10 days for tag identified dogs, or dogs that show
evidence of having an identification tag attached. Animals kept in excess of this time
will have strong adoptability characteristics, i.e., age, health, temperament, etc., as
determined by the SPCA.
9. Total number of animals at the facility at any given time not to exceed 75 animals.
10. Violation of any of the conditions of this permit shall be grounds for revocation of
this permit.
11. Entrance and parking to be shielded from view of animals.
12. Building to be erected in general conformance to the suggested floor plan offered by
the applicant.
13. Applicant shall install sound barriers in the interior to absorb sound and in the
exterior near the open ends to baffle noise.
Proposed Conditions:
2. Facility to be open daily for inspection of animals, cleaning purposes, and general
animal care and maintenance. The only exception would be for emergency services.
Normal operating procedures will take place between 8:00am – 8:00pm.
Facility to be open seven days a week from 9:00 to 3:00 p.m., for visitation, inspection of
animals, and cleaning purposes. The only exception would be for emergency services.
Deliveries of animals by animal warden authorized at any time
3. Facility housing animals will be totally enclosed and shall include a ventilation
system. Animals will have access to outdoor area during normal business hours.
Facility will contain not more than twenty-four runs. Facility to be totally enclosed
including exercise area for animals, and shall include a ventilation system.
2
7. Only domestic household animals will be housed in the facility.
Only dogs, cats, and kittens are authorized for care at the facility. Only animals from
Fluvanna County authorized.
8. Eliminate
The maximum period of confinement for animals to be: no longer than six days for stray
dogs, and no longer than 10 days for tag identified dogs, or dogs that show evidence
of having an identification tag attached. Animals kept in excess of this time will have
strong adoptability characteristics, i.e., age, health, temperament, etc., as determined
by the SPCA.
9. Total number of animals at the facility at any given time not to exceed levels that
violate animal care standards set by the state veterinarian.
Total number of animals at the facility at any given time not to exceed 75 animals.
11. Eliminate
Entrance and parking to be shielded from view of animals.
13. Applicant shall install sound barriers, which may be of natural material, to absorb
sound and baffle noise.
Applicant shall install sound barriers in the interior to absorb sound and in the exterior
near the open ends to baffle noise.
Comprehensive Plan:
The Comprehensive Plan does not specifically address animal care facilities such as the
SPCA. The SPCA provides a service to the animal population of Fluvanna County.
Furthermore, the SPCA offers assistance to the animal control department providing
shelter facilities for animals detained by officers. This function is a public safety service
to the county. The rural location combined with the existing tree buffer creates an
appropriate setting for this use.
Analysis:
On June 5, 1996 the applicant received approval for SUP 96:2 from the Board of
Supervisors to create a facility to house dogs, cats and kittens upon implementation of 13
conditions (Attachment C). The original conditions for SUP 96:2 state that the facility
must comply with all applicable regulations for animal care, as well as Health
Department standards for waste disposal. The conditions restrict the types of animals that
are authorized to receive care and depict allowable confinement periods, place limits
upon types of animals that will be served by the facility, and also place limits on the
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hours of operation for the facility. Furthermore, the original conditions required noise and
odor reduction systems to be installed within or around the SPCA facility.
The subject parcel is approximately three (3) acres in size. The current SPCA facility is
located toward the center of the lot with a wooded buffer separating the building with the
western adjacent property. The outdoor animal area is located to the rear of the building
and along the eastern property line adjacent to a large undeveloped, wooded tract. This
use, a commercial kennel, is allowed in A-1 by Special Use Permit (SUP).
The proposed amendments for this application (Attachment D) change the language of
several of the original conditions and eliminate two (2) conditions. The applicant feels
that the revised conditions will better allow volunteers and staff to serve the animals and
the public’s needs.
Amendments include:
Expanded hours of operation
2. Facility to be open daily for inspection of animals, cleaning purposes, and general
animal care and maintenance. The only exception would be for emergency services.
Normal operating procedures will take place between 8:00am – 8:00pm.
Facility to be open seven days a week from 9:00 to 3:00 p.m., for visitation, inspection of
animals, and cleaning purposes. The only exception would be for emergency services.
Deliveries of animals by animal warden authorized at any time
Allowing for an outdoor exercise area
3. Facility housing animals will be totally enclosed and shall include a ventilation
system. Animals will have access to outdoor area during normal business hours.
Facility will contain not more than twenty-four runs. Facility to be totally enclosed
including exercise area for animals, and shall include a ventilation system.
Opening the facility to domestic animals
7. Only domestic household animals will be housed in the facility.
Only dogs, cats, and kittens are authorized for care at the facility. Only animals from
Fluvanna County authorized.
Changing the language of conditions
9. Total number of animals at the facility at any given time not to exceed levels that
violate animals care standards set by the state veterinarian.
Total number of animals at the facility at any given time not to exceed 75 animals.
4
13. Applicant shall install sound barriers, which may be of natural material, to absorb
sound and baffle noise.
Applicant shall install sound barriers in the interior to absorb sound and in the exterior
near the open ends to baffle noise.
Elimination of conditions
8. Eliminate
The maximum period of confinement for animals to be: no longer than six days for stray
dogs, and no longer than 10 days for tag identified dogs, or dogs that show evidence
of having an identification tag attached. Animals kept in excess of this time will have
strong adoptability characteristics, i.e., age, health, temperament, etc., as determined
by the SPCA.
11. Eliminate
Entrance and parking to be shielded from view of animals.
The applicant has stated that the increased hours of operation will allow volunteers to
better serve the animals, and that persons will not be at the facility during all hours of
operation. A representative of the applicant stated to the Technical Review Committee
that expanding the SPCA operations to include animals from other counties was not
feasible at the present time. Animals from Fluvanna County would receive priority
treatment if an expansion to allow animals from other counties did occur in the future.
Neighborhood Meeting:
At the September 8, 2010 neighborhood meeting, no one spoke with regard to this
application. Representatives present at the meeting were Kristen Minnis and Robbyn
Minnis.
Technical Review Committee:
At the September 9, 2010 technical review committee meeting, the Health Department
commented that the department was currently working with the SPCA to determine
corrective measures for the site’s sewage disposal system.
Planning staff commented on condition seven (7) of the amended conditions, inquiring
about the SPCA’s choice to eliminate language regarding the acceptance of animals from
Fluvanna County only. The SPCA responded that the organization was not currently
financially able to expand operations to allow that to happen. The SPCA stated that
priority would be for Fluvanna County animals and expand to other counties if capacity
allowed. Furthermore, the revised amendment would allow for future development of the
organization so that it would provide services to a larger animal population.
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Planning Commission:
The public hearing for this SUP will be heard by the Planning Commission on November
15, 2010 and the commission’s recommendation will be emailed to the Board of
Supervisors following the meeting.
Conclusion:
The Board of Supervisors should consider any potential adverse impacts such as slow
moving traffic and noise or odor concerns that this use could have on the area. The
property is located on Route 616 and per the original 1996 SUP conditions, has a
commercial entrance compliant with VDOT standards. The applicant stated that the
amended conditions will allow SPCA staff and volunteers to better serve the animals of
the county, as well as the citizens.
Suggested Motion:
I move that the Board of Supervisors recommend [approval/denial] of SUP 10:06, an
amendment of conditions with respect to three (3) acres of Tax Map 10, Section A, Parcel
16B, [if approved] with a revision to conditions #2, 3, 7, 8, 9, 11, 13 as proposed by the
applicant.
Attachments:
A – Application
B – Aerial vicinity map
C – Applicant Provided Materials
D – TRC comment letter
E – 1996 Approved SUP conditions
F – Proposed amended conditions
Copy: Owner/Applicant: Fluvanna SPCA, 5239 Union Mills Road, Troy, VA 22974
Representative: Leah Shiraishi, 5239 Union Mills Road, Troy, VA 22974
6
ATTACHMENT A
7
8
9
SUP 10:06 Fluvanna SPCA
59
1
6
23-O.S.-462
O.D.B. 23-64
666-616
15
15A
2B
2
16
31-445
17A
125-424
5316
17B
17
1
263-692
19
3
67-597
374-618
5570
5534
18
A
103-404
5506
125-424
10
5659
616
2
5682
666-616
10
500
0
500
FEET
1,000
1,500
U
26 25 24 23
22 21
N
SCALE 1 : 6,303
4
5577
1
PB1-224
5594
16B
5477
4836
128502
16A
263-692
26-462
5507
5153
24-75
275-744
679-219
5441
3
5239
3
4957
4955
Creek
11
SUP 10:06 SPCA Amendment to SUP 96:2
«
¬
633
«
¬
600
16B
£
¤
15
«
¬
616
12
±
0
150 300
600
900
1,200
Feet
ATTACHMENT B
10 A
ATTACHMENT C
13
14
15
ATTACHMENT D
COUNTY OF FLUVANNA
“Responsive & Responsible Government”
P.O. Box 540 Palmyra, VA 22963 (434) 591-1910 FAX (434) 591-1911 www.co.fluvanna.va.us
September 10, 2010
Fluvanna SPCA
c/o: Leah Shiraishi
5239 Union Mills Road,
Troy, VA 22974
Delivered via mail
Re: SUP 10:06 – Fluvanna County SPCA SUP amendment
TRC Comments
Dear Applicants:
The following comments are the result of the Technical Review Committee meeting.
1. VDOT, JAUNT, Fire Chief, Emergency Coordinator and Building Inspections had no comments.
2. Virginia Department of Health commented that the department was currently working with the
SPCA to determine corrective measures for the site’s sewage disposal system.
3. Planning staff commented on condition 7 of the amended conditions, inquiring about the
SPCA’s choice to eliminate language regarding the acceptance of animals from Fluvanna
County only. The SPCA responded that the organization was not financially able to expand
operations to allow that to happen currently. The SPCA stated that priority would be for
Fluvanna County animals and expand to other counties if capacity allowed. Furthermore, the
revised amendment would allow for future development of the organization so that it would
provide services to a larger animal population. Services included spay & neuter clinics and
other lesser operation procedures.
Please provide a minimum of 20 11”x 17” copies and three (3) full size copies of the revised sketch
plans and any other materials or documentation that is to be included in the Planning Commission
packet by Friday, September 24, 2010. Submitting revisions by this deadline will place your request
on the October 27, 2010 Planning Commission agenda.
16
If you have any questions or need additional information, please contact me at 434-591-1910.
Sincerely,
Matt Weaver
Planner
Dept. of Planning & Community Development
Cc: file
17
18
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ATTACHMENT E
20
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ATTACHMENT F
Proposed Conditions:
2. Facility to be open daily for inspection of animals, cleaning purposes, and general
animal care and maintenance. The only exception would be for emergency services.
Normal operating procedures will take place between 8:00am – 8:00pm.
Facility to be open seven days a week from 9:00 to 3:00 p.m., for visitation, inspection of
animals, and cleaning purposes. The only exception would be for emergency services.
Deliveries of animals by animal warden authorized at any time
3. Facility housing animals will be totally enclosed and shall include a ventilation
system. Animals will have access to outdoor area during normal business hours.
Facility will contain not more than twenty-four runs. Facility to be totally enclosed
including exercise area for animals, and shall include a ventilation system.
7. Only domestic household animals will be housed in the facility.
Only dogs, cats, and kittens are authorized for care at the facility. Only animals from
Fluvanna County authorized.
8. Eliminate
The maximum period of confinement for animals to be: no longer than six days for stray
dogs, and no longer than 10 days for tag identified dogs, or dogs that show evidence
of having an identification tag attached. Animals kept in excess of this time will have
strong adoptability characteristics, i.e., age, health, temperament, etc., as determined
by the SPCA.
9. Total number of animals at the facility at any given time not to exceed levels that
violate animal care standards set by the state veterinarian.
Total number of animals at the facility at any given time not to exceed 75 animals.
11. Eliminate
Entrance and parking to be shielded from view of animals.
13. Applicant shall install sound barriers, which may be of natural material, to absorb
sound and baffle noise.
Applicant shall install sound barriers in the interior to absorb sound and in the exterior
near the open ends to baffle noise.
22