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• • 0 RESOLUTION APPROVING A SPECIAL USE PERMIT AUTHORIZING OUTDOOR DOG RUNS OR PENS ON PROPERTY IDENTIFIED AS 805 ALBEMARLE STREET, 2002 CITY TAX MAP 35, PARCEL 57.1 WHEREAS, pursuant to the Code of the City of Charlottesville, on August 18, 2003 Mr. Bill Nitchman, on behalf of Canvasback Real Estate & Investment LLC, requested a special use permit to allow property located at 805 Albemarle Street, identified on the 2002 City Tax Map 35 as Parcel 57.1 ("Subject Property") to be used for an animal boarding or grooming facility with outside runs or pens; WHEREAS, ajoint public hearing on this application, SP -03-08-07, was held before the City Council and Planning Commission on September 9, 2003, following notice to the public and to adjacent property owners as required by law; and WHEREAS, subsequent to the public hearing, the applicant has decided not to utilize the Subject Property itself as a dog grooming facility; however, the applicant still wishes to obtain a special use permit authorizing use certain of certain yard area(s) of the Subject Property as an outside run or pen for an animal boarding and training center located on adjacent property, 706 Henry Avenue; and WHEREAS, on April 13, 2004 the Owner obtained the Planning Commission's approval of a final site plan for 805 Albemarle Street (subject to approval of a Special Use Permit) showing the use of the yard area(s) of the Subject Property as an outside run or pen associated with the animal boarding and grooming facility located at 706 Henry Avenue; and WHEREAS, the Subject Property is zoned M-1, wherein animal boarding/grooming facilities with outside runs or pens are allowed by special use permit; and WHEREAS, the City's Comprehensive Plan designation for the parcel is "Industrial'; and WHEREAS, this City Council finds and determines that the proposed use is authorized pursuant to City Code sections 34-157 and 34480 of the City's Zoning Ordinance; now, therefore, BE IT RESOLVED by the Charlottesville City Council that a special use permit is hereby granted to allow outside runs or pens associated with an animal boarding and grooming facility on the Subject Property, subject to the following conditions designed to protect against adverse impacts on the surrounding neighborhood and community: 1. The hours of use for the outdoor runs or pens shall be limited to the period between 7:30 a.m. to 5:00 p.m. Monday through Friday. 2. The outdoor runs or pens may be used only in connection with an animal boarding and grooming facility located at 706 Henry Avenue or 805 Albemarle Street, and shall be established and used only in such areas which are depicted on a final site plan approved by the City. 3. This authorization set forth within this special use permit shall terminate in the event that the property located at 805 Albemarle Street is used or developed in a manner that violates the City's zoning ordinance, including, without limitation, a failure to comply with the requirements of Article VII, §34- 800 et seq. (Site Plans). 4. The Owner of 805 Albemarle Street shall relocate the existing fence between the Subject Property and the adjacent property, 703 Charlton, and shall plant trees on both sides of the relocated fence. Approved by Council June 7, 2004 Clerk tty Council