Agenda

Joint Meeting
Madison County Board of Supervisors
Wednesday, March 6, 2024 at 7:00 PM
Admin. Building Auditorium, 414 North Main
Street, Madison, Virginia 22727

Call to Order, Pledge of Allegiance & Moment of Silence

Determine Presence of a Quorum/Adoption of Agenda
Public Comment
Public Hearings
A. Case No. SU-03-24-01 – Ms. Patricia Kurowski, President of the Board of Directors for
the Homeless Animals Rescue Team Inc. (HART), has applied for a special use permit to
construct and operate an animal rescue kennel on an A1 (agriculture) zoned lot. In the A1
zoning district, a kennel is allowed by SUP. The subject lot is 35-acres and contains two
(2) existing dwellings. The proposed kennel structure would not exceed 10,000 square
feet of area “under roof” and house/shelter no more than 50 dogs and 25 cats at any given
time. If approved, a temporary kennel would be established utilizing the lot’s existing
structures, or potentially temporary structures, in accordance with the Uniform Statewide
Building Code (USBC). In addition, the SUP would “run with the applicant” and
therefore be nontransferable or assignable. The subject property contains two postal
addresses 18 and 310 Old Sparks Road, Culpeper, Virginia; and is identified on Madison
County’s Tax Maps as 43-5.

Information/Correspondence
Public Comment
Closed Session
Adjourn
 Agenda
Joint Meeting
Madison County Planning Commission &
Madison County Board of Supervisors
Wednesday, March 6, 2024, 7 p.m.
Madison County Administrative Auditorium

Planning Commission
Call to Order

Pledge of Allegiance & Moment of Silence

1) Determine Presence of a Quorum

2) Approval of Agenda (Additions or Changes)

3) Review of Minutes from February 21, 2024, PC Workshop Meeting

4) Public Hearings:

A) Case No. SU-03-24-01 – Ms. Patricia Kurowski, President of the Board of Directors
for the Homeless Animals Rescue Team Inc. (HART), has applied for a special use
permit to construct and operate an animal rescue kennel on an A1 (agriculture)
zoned lot. In the A1 zoning district, a kennel is allowed by SUP. The subject lot is
35-acres and contains two (2) existing dwellings. The proposed kennel structure
would not exceed 10,000 square feet of area “under roof” and house/shelter no
more than 50 dogs and 25 cats at any given time. If approved, a temporary kennel
would be established utilizing the lot’s existing structures, or potentially temporary
structures, in accordance with the Uniform Statewide Building Code (USBC). In
addition, the SUP would “run with the applicant” and therefore be non-
transferable or assignable. The subject property contains two postal addresses 18
and 310 Old Sparks Road, Culpeper, Virginia; and is identified on Madison County’s
Tax Maps as 43-5.

5) Other Items from the Planning Commission or Public

6) Adjournment

Page 1 of 1
 Madison, Virginia 22727

Madison County Planning Commission Workshop Meeting Minutes

February 21st, 2024

The Madison County Planning Commission Workshop meeting was held in the Madison County
Administrative Auditorium at 414 N. Main Street in the Town of Madison, Virginia it was called to order by
Chairman Steve Carpenter at 6:31 PM. Chairman Carpenter determined there was a quorum and the first
order of business was to adopt the agenda and approve the minutes from the February 7th Planning
Commission Workshop meeting.

As a quorum was established the following members were present; Chairman Steve Carpenter,
Commissioners James Graves III, Pete Elliott, Jim Smith, Nathan Cowan, and Mike Snider. Also, present
were Ligon Webb, County Planner; Janet Henshaw, Secretary of Planning Commission; Hannon Wright,
County Attorney and Jonathon Weakley County Administrator. Chairman Clay Jackson and Vice-Chairman
for the BoS Carty Yowell were also present.

Chairman Carpenter added one item to the agenda under “other items”-BLA. Commissioner Pete Elliott
moved to adopt the agenda with the additional item and Commissioner Nathan Cowan seconded.
Commissioner Pete Elliott also moved to approve the minutes from the February 7th Workshop Planning
Commission meeting and James Graves III seconded. These motions were carried by all members saying
“Aye”.

Commissioner’s James Graves III and Nathan Cowan made nominations for Chair, Vice-Chair and Secretary
for Planning Commissioner for the year 2024. He moved to nominate Steve Carpenter for Chairman.
Chairman Carpenter abstained, none opposed, motion approved. Pete Elliott as Vice-Chairman. Vice-
Chairman Elliott abstained, none opposed, motion approved. Janet Henshaw as Secretary for Planning
Commission. Secretary Janet Henshaw abstained, none opposed, motion approved. All motions were
carried by all members saying “Aye”.

(1) Public Hearing Preview (scheduled for Joint PC/BoS meeting on

Wednesday, March 6, 2024)
 A) Case No. SU-03-24-01 - Ms. Patricia Kurowski, President of the
Board of Directors for the Homeless Animals Rescue Team Inc.
(HART), has applied for a special use permit to construct and
operate an animal rescue kennel on an Al (agriculture) zoned lot.
In the Al zoning district, a kennel is allowed by SUP. The subject
lot is 35-acres and contains two (2) existing dwellings. The
proposed kennel structure would not exceed 10,000 square feet
of area "under roof" and house/shelter no more than SO dogs and
25 cats at any given time. If approved, a temporary kennel would
be established utilizing the lot's existing structures, or potentially
temporary structures, in accordance with the Uniform Statewide
Building Code (USBC). In addition, the SUP would "run with the
applicant" and therefore be non-transferable or assignable. The
subject property contains two postal addresses 18 and 310 Old
Sparks Road, Culpeper, Virginia; and is identified on Madison
County's Tax Maps as 43-5.

County Planner Ligon Webb started off the meeting by commenting that there has been a significant
redesign. HART has reached out to some researchers regarding noise mitigation.

Commissioner Jim Smith questioned…what does “under roof” mean?

Planner Webb commented that…” under roof” means finished square feet.

Commissioner Mike Snider questioned…#2…15 dogs in the temporary building and 50 in the permanent
building. Needs to state the total number is 50.

Planner Webb commented…that once the permanent kennel was open the temporary kennel would
cease for dogs and may be a shelter for cats or storage.

HART member Patricia commented that…there would be no more than 50 dogs at any given time.

Commissioner Smith commented that…#11 is too open ended, add designee to 11 & 12.

County Attorney Hannon Wright stated that…actual enforcement of #’s 11 & 12 may be difficult, not
entirely comfortable with it, but it may be doable.

Planner Webb stated that it was done for the neighbors to create a noise ordinance.

Commissioner Pete Elliott questioned…if Madison doesn’t have a noise ordinance how do we enforce
this?

Attorney Wright stated that…under the SUP this is considered a requirement within the condition.

Commissioner Nathan Cowan suggests removing #11 altogether.

Patricia commented…presented a redesign of the kennel. The temporary kennel will be noisier but will
only have 15 dogs. The permanent structure will be completely enclosed, fencing around the entire
property.

Commissioner Snider questioned…twice 15 dogs, will repurpose the temporary facility?

Patricia commented…we will abide, don’t intend to have more than 50 in permanent kennel, no more than
15 in the temporary kennel.

Commissioner Snider questioned…have you considered moving the facility into the woods?
Patricia commented…experts have stated trees do not baffle the sound, putting it in the woods would
make it more expensive.

Commissioner Smith questioned…people will be on site?

Patricia commented…yes there would be people on site 24/7 to maintain the property.

Commissioner Elliott questioned…there will be 50 dogs and 25 cats?

Patricia commented…may not use for cats unless we see a need for ferals in the community.

Chairman Steve Carpenter questioned…are these the materials you plan to use from the architect
sketch?

Patricia commented…intending on using the best materials, not in our best interest to use poor materials.

Neighbor Mike Elias questioned…would like clarification…how long will 50 dogs stay? 1000 dogs per
year?

Patricia commented…1000 dogs get adopted through HART every year, no more than 50 at the kennel at
a time.

Neighbor Tommy Carney (online) commented…closest resident to the kennel. How big will the facility
actually be? It states on the conditions 10,000 square feet or less (60x144) but according to the new
drawing (92x173) which is about 15,916 square feet. HART will do what they can afford. If all things are
done according to the report only then the noise will go down.

Neighbor Elias questioned…if there is a need for more cats, would you then do an amendment? What
happens when you want more dogs, how many kennels do you plan on building on the property?

Patricia stated that…they will do an amendment to the SUP if they find they need to have more cats.

There were no other comments.

(2) Public Hearing Preview (scheduled for Joint PC/BoS meeting on

Wednesday, April 3, 2024)

A) Case No. SP-04-24-02 - The applicant, Madison Holdings LLC (Mr.

Powell O'Bannon), has submitted a Site Plan application to
develop seven (7) mini-storage buildings/structures on a 6-acre
Ml (limited industrial) zoned portion of a 39-acre lot. Each ministorage
building/structure would measure 180 feet by 65 feet and
the total number of individual mini-storage units would not
exceed 400 units. In August of 2021, the subject 6-acre portion of
the 39-acre split zoned lot was rezoned from Rl (limited
residential) to Ml (limited industrial with conditions) by Madison
County's Board of Board of Supervisors. The applicant has
submitted an Erosion/Sediment Control Plan and Stormwater
Management Plan to the Culpeper Soil & Water Conservation
District and Virginia Department of Environmental Quality (DEQ)
respectively. These plans are currently under review and pending
approval. The subject lot does not contain a postal address, but is
located on Fishback Road (Rt. 722), roughly 950 feet from Fishback
Road's intersection with N. Seminole Trail (U.S. 29). The lot is
identified on Madison County's Tax Maps as 40-20.
Planner Webb commented that…Mr. O’Bannon has owned the property 50 years today. E&S and DEQ
are both pending approval. M needs to be 60 feet from the property line and there is a good site distance
for VDOT.

Commissioner Snider questioned…where will the road be?

Powell O’Bannon commented…that it will come down the side.

Chairman Carpenter questioned…will the road be gravel and then paved?

Mr. O’Bannon stated that…it will be paved the first 50 feet at the entrance, then gravel until the second
phase. Will all be paved once the apartments are constructed.

Chairman Carpenter questioned…will there be some sort of buffer, so you are unable to see it from 29?

Mr. O’Bannon stated that…he will be leaving some trees as a buffer.

County Administrator Jonathon Weakley questioned…some of the portion of the entrance will be paved?

Mr. O’Bannon stated that…yes, a commercial entrance requirement is 50 feet of it be paved.

There were no public comments.

(3) Other items from the Planning Commission or public.

(A) Business, Industrial and Sign Committee Commissioner Mike Snider presented with a Boundary Line
Adjustment-BLA definition and zoning ordinance.

There being no other business, Commissioner Jim Smith made a motion to adjourn, and was seconded
by Commissioner James Graves III. This motion was carried by all members saying “Aye”. The meeting
ended at 8:01 PM.

(4) Adjournment

End of Minutes:

Attest:

Stephen Carpenter, Chairman of Planning Commission Date:

Janet Henshaw, Secretary of Planning Commission Date:

 PUBLIC NOTICE
Notice is hereby given that Madison County’s Planning Commission and Board of Supervisors
will hold a joint public hearing at the Madison County Administrative Auditorium located at
414 N. Main Street, Madison, Virginia on Wednesday, March 6, 2024, at 7:00 p.m. to act on
the following cases:

A) Case No. SU-03-24-01 – Ms. Patricia Kurowski, President of the Board of Directors for
the Homeless Animals Rescue Team Inc. (HART), has applied for a special use permit to
construct and operate an animal rescue kennel on an A1 (agriculture) zoned lot. In the
A1 zoning district, a kennel is allowed by SUP. The subject lot is 35-acres and contains
two (2) existing dwellings. The proposed kennel structure would not exceed 10,000
square feet of area “under roof” and house/shelter no more than 50 dogs and 25 cats at
any given time. If approved, a temporary kennel would be established utilizing the lot’s
existing structures, or potentially temporary structures, in accordance with the Uniform
Statewide Building Code (USBC). In addition, the SUP would “run with the applicant” and
therefore be non-transferable or assignable. The subject property contains two postal
addresses 18 and 310 Old Sparks Road, Culpeper, Virginia; and is identified on Madison
County’s Tax Maps as 43-5.

The public is invited to attend the hearing and comment. Written comments may be
submitted prior to the meeting; written comments received prior to 1 p.m. on Friday, March 1,
2024, will be placed into the official staff packet and distributed to the Planning Commission
and Board of Supervisors. Copies of the County’s ordinances and documents related to these
hearings are available for review. The documents can be viewed in person at Madison
County’s Building & Zoning Office, 410 North Main Street, Madison, VA 22727; documents can
be inspected Monday through Friday from 8:30 a.m. to 4:30 p.m. Comments or questions can
be sent via email to lwebb@madisonco.virginia.gov or by calling 540-948-7513.

Ligon Webb, County Planner

 1 March 2024

Madison County Board of Supervisors and Planning Commitee,

504 and 566 Old Sparks Rd Resident are strongly opposed to this SUP Request. This includes 6 Adults: Yaggi’s
x2, 1 x Hernandez, 1 x Sailer, 2x Storan’s (Daughter and family, who are our Land Trust Executors and
Beneficiaries). I will be sending out a detailed power point briefing Monday evening that I would like to
present Wednesday night. Rather than having six people get up and give 3-5 minute chunks, I would like to
present the en�re presenta�on for con�nuity and brevity’s sake.

HART, a Non-Profit Animal Rescue organiza�on, headquartered in Fairfax, bought a 35 acre A-1 Zoned parcel in
Madison County with two dwellings. They paid $750,000 for the property, three �mes what the previous
owners paid in 2015. (See photos of main house and proposed shelter site on last page.) They did not contact
the county prior to purchasing the property to see if they can build a rescue shelter for 50 dogs (dogs under six
months excluded from limit) and 30 cats, even though Madison County has a No Kill animal shelter that is
currently opera�ng as half capacity.

They have applied for an SUP for a kennel, even though state codes differen�ate between a non-profit rescue
shelter and a kennel (see codes below):

Code of Virginia Chapter 65. Comprehensive Animal Care.

• Article 1. General Provisions. § 3.2-6500. Definitions.

o "Kennel" means any establishment in which five or more canines, felines, or
hybrids of either are kept for the purpose of breeding, hun�ng, training, ren�ng,
buying, boarding, selling, or showing.
o "Private animal shelter" means a facility operated for the purpose of finding
permanent adop�ve homes for animals that is used to house or contain animals
and that is owned or operated by an incorporated, nonprofit, and
nongovernmental en�ty, including a humane society, animal welfare organiza�on,
society for the preven�on of cruelty to animals, or any other similar organiza�on.
• Madison County SUP Kennel Defini�on:
o 20-104. Kennel. A place designed or prepared to house, brood, breed,
handle, or otherwise keep or care for dogs or cats for sale or in return for
compensation. Home litters kept less than six months are not included.

The Madison County Atorney and Planner stated that Madison County BOS has complete say over zoning,
including State Defini�ons due to this State ordnance:

• § 15.2-2281. Jurisdiction of localities. For the purpose of zoning, the governing body
of a county shall have jurisdiction over all the unincorporated territory in the county,
and the governing body of a municipality shall have jurisdiction over the incorporated
area of the municipality.
• Is this true? The County does not have to abide by State definitions for zoning
decisions? Does this include the definition of “zone” or “agriculture”, and all other
State Definitions?
During previous Board and Commitee mee�ngs, the County Planner, Atorney, and Planning Commitee
recommended approval, even though all neighbors oppose the Permit, except one family whose son and
daughter in law will move into a 2nd old farmhouse on the property rent free in exchange for lawn
maintenance. The Board was deadlocked, as one member was missing. HART at the sugges�on of the
planner/atorney pulled the permit and is resubmi�ng. The Board of Supervisors with a new member will vote
on March 6, 2024.

In spite of widespread opposi�on from neighbors who will be adversely affected by the noise, traffic, etc, and
probably a reduc�on in property value (who wants to live near a large dog shelter?), plus the fact that it is not
in the public interest of Madison since almost all of the dogs will come from surrounding coun�es and states.
Also, Madison County has a tax-funded No-Kill Animal Shelter that is at half-capacity, some of the members,
admited dog lovers, have previously support the SUP.

HART will get almost all of its dogs from other coun�es and neighboring states. The shelter will cover 15,000 �
and have chain link fences around it. It will obviously not blend in with its surrounding property. They will also
only adopt the dogs to residents of Northern Virginia, as they are headquartered in Fairfax County and charge
very high adop�on fees ($500-$550 dollars per dog, $250 per cat. To be fair, they do get the animals vet
checked and neutered, but most people in our county wouldn’t pay that much for a rescue animal, even if
HART did allow it.

I am a100% disabled veteran, and my wife and I spent our life savings for a 64 acre parcel with a small lake and
two dwellings. We would have never bought this property if we knew that a massively large animal rescue
shelter would get a special permit approved right next to our property. Also, we provide a Chris�an “lake”
ministry to help people with severe tragedies or other issues, such as suicides of family members, death of a
child, terminal illnesses, etc.. We call it “lake therapy” and it includes laughter, tranquility, and biblical
guidance and counseling. Many of our guests are military veterans, some traveling from across the country.
During one recent yar, we had guests during 40+ weeks or weekends of the year. Of course, this is free for
them as it’s out of love and a desire to serve others, as we have been very blessed.

Thank you for your considera�on.

Sincerely,

Ronald D, Yaggi

Brigadier General, USAF (ret)

HART Property: 18 and 310 Old Sparks Rd, Culpeper Virginia, County of Madison
Site of 15,000’
Shelter
From: The Gesslers
To: Jonathon Weakley; Ligon Webb; james.graves2597@gmail.com; Jim Smith; sbcarpenter@hughes.net;
nathan@cowanroofing.com; mikesnider01@cox.net; Pete Elliott; Clay Jackson; Carty Yowell; Judson Buchanan;
Dustin A. Dawson; James W. Jewett
Subject: Letter against the HART SUP
Date: Friday, March 1, 2024 11:17:10 AM

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important

Jesse Gessler
598 Wayland Mill Rd
Culpeper, VA 22701
703-965-2711
thegesslers@gmail.com

Madison County Board of Supervisors

Planning Commission
Case No. SU-12-23-19
Homeless Animals Rescue Team, Inc. (HART)

February 29, 2024

Madison County Board of Supervisors and Planning Commission,

Please enter this letter into the record. Our opinion of the Hart project remains unchanged.
We are asking for your support, please vote down and deny the SUP.

In addition to my previous letter and my in-person comments at a past meeting, our additional
concerns are as follows:

1.
A vote for the SUP violates the
Madison County Board Of Supervisors Code Of Ethics For 2024
Article 1. Act in the Public Interest, “ for the good of the PEOPLE of Madison County and
NOT for Private OR Personal Interests.”

HART is NOT a Madison-based company.

It is our understanding that HART senior management/ownership are NOT Madison
residents.
HART will NOT benefit Madison's tax base, and will not contribute to economic growth.
HART plans to take in a vast majority of animals from other locations and NOT Madison.
Madisons County Animal Shelter, per the Board meetings, is not at capacity and is running
well.
HART does NOT fill a void or need in this respect for the County.
A vast majority of neighbors near the proposed site are against the SUP.

We feel strongly that if the SUP moves forward we will have no recourse but to pursue
 litigation of a rights-based dispute through the court system.

2.
We feel strongly that the benefits of the redesigned plan and materials for sound mitigation
are incredibly exaggerated. The noise of 50 dogs is not to be taken lightly! This will be nearly
impossible to correct after construction.

3.
Madison County lacks the ability to oversee and manage compliance and violations of this
project after completion. This responsibility will land directly on the Board and Planning
Committee.

4.
If approved, this unusual commercial property will operate 365 days a year, every weekend,
every Holiday, with no “Downtime” to relieve the burden placed on residents. This is a unique
circumstance. An operation like this should be located in an industrial location, not close to
homes where it disrupts the peace.

Please Vote NO on HART

Respectfully,

Jesse Gessler
598 Waylands Mill Rd
From: JAMES J FORT
To: Ligon Webb
Cc: Kimberly Elias; Mike Elias; RON YAGGI
Subject: HART Dog rescue facility
Date: Thursday, February 29, 2024 1:37:21 PM

[You don't often get email from fortj1114@verizon.net. Learn why this is important at
https://aka.ms/LearnAboutSenderIdentification ]

Hi Ligon or replacement,

This is Jim Fort (and Mary Ann Fort) of 775 Waylands Mill Road,
Culpeper, VA 22701. I wish to again express that we are completely opposed to the HART operation being built
and operated in our neighborhood. This facility will operate in very close proximity many in our neighborhood and
will surely be a nuisance because of the noice of barking dogs. It is not clear and not been proven that the facility
will have sufficient noise mitigation, especially with large number of animals housed there.   There where no
scientific data presented which conclusively addressed the noise issue. In addition because the normal operation of
this facility will add a significant amount of traffic to the area, this will also produce a strain on the roads and on the
neighbors.

Additionally, no one on the board or boards being asked to approve this facility, nor the person operating the facility
will live anywhere near it, they will not have to bear the impact of the nuisance being created. I would suggest if the
board thinks this is such a good idea, it should be located in one of their neighborhoods. Decisions such as this one
should be made in the best interests of the residents of Madison county which is clearly not the case in this instance.
If the kennel is going to be located in our
County, it should be put in an appropriate place, essentially a more industrial location.

Lastly, any nuisance like this kennel should consider the property values of the neighborhood property. It is clear to
me that houses innearshotnof those dogs there would not be
A place anyone would want purchased, especially at otherwise fair market value which surely be depreciated. Our
neighborhood has invested a lot of money in their properties and homes and should not have to bear the brunt of
Lost property value surely brought about by the addition of this nuisance. This fact is surely not in anyway
benefitting the residents of Madison
County, especially our neighborhood.

I ask emphatically that the board of supervisors vote no on this SUP for this rescue
Kennel in the interests of Madison county residents, particularly those in our neighborhood.

Thank you.

Jim and Mary Ann Fort

804 307 5586

Sent from my iPhone

From: Lisa Kearney
To: Jonathon Weakley; Ligon Webb; james.graves2597@gmail.com; Jim Smith; sbcarpenter@hughes.net;
nathan@cowanroofing.com; mikesnider01@cox.net; Pete Elliott
Subject: Application for SUP 03-24-03
Date: Friday, March 1, 2024 11:30:02 AM

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important

Since November of 2023, this SUP application has been before the Madison County Planning
Committee and the Board of Supervisors. We are asking you all as the planning body of
Madison County to vote against the recommendation and approval of any Special Use Permit
for this purpose.  

We all believe that clean and safe animal shelters are important and many of us have adopted
from shelters in the past. Personally, we have adopted rescued dogs for our family several
times over the years and they became part of our family's story.  

However, this proposed shelter is not in keeping with the agricultural designation and rural
character for our long established agricultural area of farms and residential homes in Madison
County for the following reasons:

1) The Hart organization is a corporate entity based in Northern Virginia doing work for
Northern Virginia families. It is funded by donors and endowment funds. Like any corporate
entity, Hart once established will have the financial backing to expand their numbers of
animals, the facility size and their operation throughout their 35 acres. As a non-profit, the
Hart entity is exempt from county taxes and will not contribute any tax dollars to Madison
County to cover the expenses already incurred by the County or for any future expenses.

2) This proposed shelter, if allowed, will be larger than the Madison County Public Shelter
located down 29 by the Madison County Dump. The animal noise will be constant as the
shelter will always be full and the dogs will be allowed out from 7 am to 8 pm seven days a
week. Because Madison County has no noise ordinance, enforcement of any committee
planning limitations and handling of complaints will have to go through the Board of Planning
which will be cumbersome and time consuming for the county and for us as resident
taxpayers living here in Madison. This level of constant noise will significantly affect our
quality of life and personal enjoyment of our properties that we work so hard to build and
grow each day.

3) The HART entity has incorporated a new courtyard design (larger than the first design) for
this second SUP application which this committee has been able to review. Now, the new
location for this 10,000 plus square foot building will be plainly visible from our small farm
and Waylands Mill Rd. At the last planning meeting, the Hart entity submitted a lengthy
report from DLI citing many excessively expensive additions that could reduce noise,
but admits that there is no funding to follow through on any of it.

4) Waylands Mill Road is barely wide enough for 1 and 1/2 cars and is mostly dirt. At prior
meetings, the Hart entity said they will have transport vans coming daily and 3-4 volunteers
in the morning and 3-4 in the afternoon to care for the 75 animals. There will be supply
deliveries, waste disposal trucks, vet visits and donors that want to see the operation. The
road can't begin to support that additional traffic and will significantly increase the existing
road dust issues we deal with.  

5) Finally, if this shelter construction is allowed, then its presence in our part of Madison
county will permanently affect all of our land values whether we own one acre or 300
acres. No one will want to live next to a corporate funded private animal shelter with this
many animals. Interested buyers will go elsewhere in their search for another quiet rural
location.

We hope that you all will thoughtfully consider the above points, as you make your decision .
As fellow residents of Madison County, you all can understand how we (all of us along
Waylands Mill) will be affected should this SUP be granted. Thank you for your patient work
on the planning committee and with the BOS.

Tommy and Lisa Kearney

Rare Air Farm
From: Jonathon Weakley
To: Kimberly Turner
Subject: FW: HART SUP Application #S-03-24-02
Date: Friday, March 1, 2024 3:07:52 PM

Jonathon Weakley
County Administrator
Madison County
PO Box 705
Madison, VA 22727
540-948-7500

From: Jennifer Brill <jbrill622@gmail.com>

Sent: Friday, March 1, 2024 2:06 PM
To: Jonathon Weakley <jweakley@madisonco.virginia.gov>
Subject: HART SUP Application #S-03-24-02

You don't often get email from jbrill622@gmail.com. Learn why this is important

Hi Mr. Weakley,

I hope this email finds you well. I am writing to you today on behalf of my husband
and myself to express some concerns about the proposed animal rescue shelter at
Old Sparks Road and Waylands Mill Road. We don't feel this shelter will be a good fit
for our neighborhood. Below are several reasons why we feel this way and would like
for you and the planning commission to take these into consideration, along with our
neighbors' concerns, when making a decision on the zoning change.

The most important concern we have is for the safety of our children. Rescued
animals aren't always the friendliest and we worry that if they get away from the
shelter, they will come into our yard and attack/scare our small children. They may
also bring diseases from other parts of the country that could potentially spread to the
pets in the neighborhood - ours included.

The HART entity is a non-profit and will not pay taxes to the county. I'm not sure how
this shelter would benefit the county in any way.

Waste disposal is a major concern. With 50 dogs and 25 cats, there will be a lot of
waste. How often will this waste be taken to the dump by a trash company? Daily,
weekly, monthly? If not daily, that will be a lot of waste just sitting around on the
property.

Waylands Mill Road is not well maintained by VDOT and currently we have to call
them several times when maintenance needs to be done to the road. The dirt/gravel
road will not be able to support the additional traffic that will be associated with the
shelter. The road does not have a posted speed limit, so the uptick in
commercialized traffic associated with the needs of the shelter will create the need for
more road maintenance. This maintenance will cost the county money, but the
shelter will not be contributing to the costs of that needed maintenance.

The Waylands Mill Road area is a neighborhood and will not be a good fit for this
commercial business. Most of us chose to live in this area to be surrounded by the
peace and quiet and slow traffic area of the county. This shelter will destroy that. It
will also affect our property values. If we decide to move or sell our property, no other
person would want to live that close to a commercial animal shelter. I ask you to ask
yourself - would you want to live that close to an animal shelter? How would you feel
if they were planning to open one in your backyard?

Overall, after talking with our neighbors, we feel that the shelter would ABSOLUTELY
NOT be a good fit for our small neighborhood. Again, we ask that you take our
concerns along with our fellow neighbors' concerns into consideration when making a
decision. We plan to attend the public hearing on March 6th and look forward to
speaking with you to discuss this matter further.

Sincerely,

Anthony & Jennifer Brill

518 Waylands Mill Road
From: Jonathon Weakley
To: Monica Miller
Cc: Brian Gordon; Kimberly Turner
Subject: RE: Hart
Date: Friday, March 1, 2024 3:12:04 PM

Hello Ms. Miller,

I am reaching back out to apologize for my earlier email. This was a typo in my response below.
My response was meant to state that “I confirm receipt of your email and note your concerns
for the record.” We are including your email in the board packet so they are aware of your
concerns. Again, I apologize for my typo.

Thanks,

Jonathon Weakley
County Administrator
Madison County
PO Box 705
Madison, VA 22727
540-948-7500

From: Jonathon Weakley

Sent: Thursday, February 29, 2024 9:30 PM
To: Monica Miller <monicamiller0326@gmail.com>
Cc: Brian Gordon <bgordon@madisonco.virginia.gov>; Kimberly Turner
<kturner@madisonco.virginia.gov>
Subject: RE: Hart

Good evening,

I confirm receipt of your email and not your concerns for the record.

Thanks,

Jonathon Weakley
County Administrator
Madison County
PO Box 705
Madison, VA 22727
540-948-7500

From: Monica Miller <monicamiller0326@gmail.com>

Sent: Thursday, February 29, 2024 12:26 PM
To: Jonathon Weakley <jweakley@madisonco.virginia.gov>
Subject: Hart

You don't often get email from monicamiller0326@gmail.com. Learn why this is important

Dear Sir/Madame
As a Madison County taxpayer I would like to register my grave concerns related to this
potential shelter, it’s affect on the enjoyment of my property, the values of my property
and environmental concerns. Please do not approve this venture that only harms and
does not benefit Madison County residents.
Thank you,
Monica Miller
592 Waylands Mill Rd
From: Jonathon Weakley
To: Kimberly Turner
Subject: FW: proposed animal shelter on Old Sparks Rd
Date: Wednesday, March 6, 2024 3:20:36 PM

Jonathon Weakley
County Administrator
Madison County
PO Box 705
Madison, VA 22727
540-948-7500

From: Clay Jackson <cjackson@madisonco.virginia.gov>

Sent: Wednesday, March 6, 2024 2:29 PM
To: Jonathon Weakley <jweakley@madisonco.virginia.gov>
Subject: Fwd: proposed animal shelter on Old Sparks Rd

R. Clay Jackson

703-772-5132

Begin forwarded message:

From: dhhilliard54 <dhhilliard54@protonmail.com>

Date: March 6, 2024 at 2:25:38ௗPM EST
To: Judson Buchanan <jbuchanan@madisonco.virginia.gov>, Clay Jackson
<cjackson@madisonco.virginia.gov>, Carty Yowell
<cyowell@madisonco.virginia.gov>, "Dustin A. Dawson"
<ddawson@madisonco.virginia.gov>, "James W. Jewett"
<jjewett@madisonco.virginia.gov>
Subject: proposed animal shelter on Old Sparks Rd

You don't often get email from dhhilliard54@protonmail.com. Learn why this is important

My wife and I would like to go on record as being opposed to a shelter for overflow
cats and dogs from Northern Va. shelters. We already have to listen to up to 40 dogs
at a time from Deb's Doodles which makes even quiet time on the porch or opening
windows on a nice day very unpleasant. Without a nuisance noise ordinance the
employees of the proposed animal shelter would have no incentive to control the
noise at any time, day or night. Don't get me wrong, I'm not opposed to normal
country noises like dogs, cows, farm machinery, hunting and some target shooting,
etc., but 40, much less up to 75 dogs barking incessantly gets unbearable very
quickly. Unless you enact an enforceable nuisance noise ordinance we do not need
this kind of development in the county.

Sincerely,
Steven and Teresa Philippy
738 Fords Shop Road

Sent with Proton Mail secure email.

 Homeless Animals Rescue Team Inc’s SUP
for a
Kennel in an A1 Zoning District

Background – Homeless
Animal Rescue Team Inc.

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(HART) has applied for a

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special use permit to operate

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a kennel on 35-acre A1 zoned

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property. In the A1 zoning

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district, a kennel is allowable
by special permit.

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HART’s administra�ve offices

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are in Fairfax Sta�on, and
Su

their website states the

following:

HART is a non-profit 501(c)(3)

no-kill animal rescue/support group, incorporated in 1990, that takes in and rehomes abused
and unwanted dogs and cats. HART works with local veterinarians, trainers, foster homes, and
kennels to provide temporary care for the pet until s/he is placed in a loving, carefully-screened
forever home.

The proposed kennel would not primarily offer “drive up” adop�ons, but instead be a temporary
waysta�on for animals HART is atemp�ng to place in private homes.

A roughly 9,500 square foot kennel facility is proposed, but if approved a temporary facility
would be u�lized in the interim. In total the kennel would house a maximum of 50 dogs and 25
cats (not to exceed).

To learn more about HART click here.

To view HART’s adop�on fees for dogs and cats click here and click here.
Visuals –

311 Old Sparks Lane

Proposed SUP condi�ons – Please see the SUP condi�ons document on subsequent pages.
Recommenda�on – Approval December 1, 2023
The County Planner believes the proposed SUP condi�ons provide a high degree of oversight
regarding the proposed animal rescue kennel. These recommended SUP condi�ons are detailed
and numerous. These condi�ons provide a direct avenue for mi�ga�ng disrup�ve or loud
animals (i.e., nuisance barking). However, it is clearly understood that such a facility will
inevitably have noise associated with it, and nearby/adjoining neighbors have expressed
reserva�ons and concerns with the proposed opera�ons. These concerns are valid and have
been ar�culated in various correspondences included in this packet. In the County Planner’s
opinion, HART is a reputable, transparent, and well-managed organiza�on that will cooperate
with surrounding neighbors and comply with the condi�ons proposed for this SUP.

Update – No Ac�on Taken by Board of Supervisors December 6, 2023

HART’s SUP was heard at a joint mee�ng of the Planning Commission and Board of Supervisors
on Wednesday, December 6, 2026. The Planning Commission recommended approval of the SUP
and the applica�on was forwarded to the Board of Supervisors (BoS). A�er the BoS public
hearing a BoS member made a mo�on to approve, but the mo�on was not seconded.
Subsequently a BoS member made a mo�on to deny, and the mo�on was seconded. Because
one member of the five member BoS was absent, the mo�on to deny the applica�on resulted in
a 2 – 2 vote. According to Robert’s Rules of Order a mo�on that results in a �ed vote is a “lost”
or failed mo�on. Therefore, in the County Planner’s opinion HART’s SUP was not denied or
approved by the BoS since the mo�on to approve was not seconded and the mo�on to deny was
not passed.
In response, HART has decided to simply withdraw the SUP applica�on and resubmit a new
applica�on and work with the County Planner to revise the proposed SUP condi�ons for the
proposed kennel.

Update: HART’s Resubmited SUP applica�on January 11, 2024

Upon further review, HART’s December 2023 SUP applica�on resul�ng in a 2 – 2 vote would be
considered a denial per the by-laws of Madison County’s Board of Supervisors. However, HART
has resubmited a new SUP applica�on and have indicated preference for a vote by the full
membership of the Board of Supervisors. And per ar�cle 15.2-2286 A (7) of the Code of Virginia,
resubmi�ng the SUP applica�on is allowable unless the County has adopted language sta�ng
denied applica�ons must wait one (1) year before resubmi�ng. Madison County has not
adopted this language in its code. However, given that the full Board was not present in
December 2023, it seems logical that HART would prefer the en�re Board of Supervisors vote on
their SUP applica�on.
Currently, HART is working with an architect to revise their proposed kennel construc�on plans
so the outdoor “dog run” would be in an interior courtyard within the proposed kennel structure.
Therefore, surrounded by (at minimum) 10-foot-high walls, but there would be no roof (i.e., an
“open air” interior courtyard). The rough dimensions of the kennel would be 150’ x 80’ with a
60’ x 125’ interior courtyard. These dimensions are es�mates and exact dimensions will be
forthcoming soon.
Condi�ons for Homeless Animals Rescue Team Inc.’s (HART) Special Use
Permit (SUP) for a Kennel on an A1 (agriculture) Zoned Lot Iden�fied on
Madison County’s Tax Maps as 43-5.
Prepared by: Ligon Webb, County Planner
DATE: January 17, 2024
Updated: March 1, 2024

1) The SUP shall “run with the applicant” and shall not be transferable or assignable.

2) At any given �me, on the subject site/lot the total number of dogs sheltered in the
permanent kennel facility shall not exceed 50 and the total number of cats sheltered
shall not exceed 25. Dogs and cats sheltered in the permanent kennel facility under 6
months of age and under 3 months of age, respec�vely, shall be required to remain
indoors and shall not be considered/counted against the total number of allowable
dogs and cats on the site/lot. The total number of dogs sheltered during opera�ons of
the temporary kennel facility shall not exceed 15 and the total number of cats
sheltered shall not exceed 25. Both the permanent and temporary kennel facili�es shall
not house more than 50 dogs combined.

3) The kennel shall comply with all regula�ons and requirements as promulgated by the
Virginia Department of Agriculture and Consumer Services (VDACS).

4) The permanent kennel structure shall not exceed 10,000 square feet in floor area
“under roof” (excluding the center courtyard) and the permanent kennel structure
shall be completed on/before March 1, 2025. This permanent kennel facility shall be
constructed in conformance with the HART: Rescue Kennel Design atached to this
report as EXHIBIT A. The kennel design shall contain two (2) interior “open air” walled
courtyards which shall serve as outdoor run areas and play areas for dogs. The
permanent kennel’s interior walls and interior courtyard walls shall u�lize “resilient
channel soundproofing” or a similar construc�on technique/measure as a mechanism
to increase interior soundproofing. Prior to the issuance of building permits for the
permanent kennel structure, the proposed interior soundproofing techniques and
materials shall be approved by the County’s Building Official.
1|Page
5) All animals shall be inside the kennel facility on/before 8 p.m. and shall not be allowed
outside un�l 7 a.m., or a�er, daily. An animal inside the facility shall not have access to
an outdoor run or an outdoor interior courtyard. As needed, a single leashed dog may
be walked outside of these hours.

6) HART shall exclusively maintain the roughly 0.3-mile (~1,712 feet) por�on of the
private road known as “Old Sparks Drive” from its intersec�on with Wayland’s Mill
Road (Rt. 618) to HART’s eastern most property line; as necessary, maintenance shall
include, but shall not be limited to, grading and graveling Old Sparks Road. This roughly
0.3-mile por�on of Old Sparks Drive shall be maintained to the road’s current condi�on
as of December 31, 2023. See EXHIBIT B atached to this document for a visual showing
the area of Old Sparks Lane to be exclusively maintained by HART.

7) HART shall provide the current, or succeeding, owners of the adjoining property
iden�fied on Madison County’s Tax Maps as 43-8, with a “24-7” on-site staff contact
mobile phone number. Provided a reasonable request is made with a minimum two-
hour no�ce, a mutually agreeable �me shall be established to remove dogs from the
outside “dog runs” and placed inside the kennel facility as requested by said adjoining
property owner.

8) The permanent kennel facility shall be located on the subject lot as shown on EXHIBIT
C atached to this document. The temporary kennel facility shall contain an exterior
fence and this fence shall be a minimum of 6 feet in height, be covered in a semi-
opaque sound baffling material, and substan�ally conform with the visual examples
atached to this document as EXHIBIT D.

9) The permanent kennel facility shall contain a bathroom and shall meet all Virginia
Department of Health (VDH) requirements.

10) The temporary kennel facility shall be located on the subject lot as shown on
EXHIBIT E atached to this document. The temporary kennel facility shall operate in
compliance with all provisions of the condi�ons stated in this document. Exis�ng, or
temporary, structures u�lized for the temporary kennel facility shall meet the
requirements of the Virginia Uniform Statewide Building Code (USBC).

2|Page
11) The County’s Zoning Administrator, or their designee, may enter the subject
property for a site visit on any day between the hours of 8 a.m. and 5 p.m. to inves�gate
poten�al noncompliance with the SUP condi�ons stated in this document. The Zoning
Administrator may also be accompanied by the County’s Animal Control Officer during
a site visit. If a site visit results in evidence of noncompliance with the SUP condi�ons
stated herein, a formal writen report will be provided by the Zoning Administrator to
HART with correc�ve ac�on(s) to be taken. Failure to adhere to the SUP condi�ons, or
take correc�ve ac�on to ameliorate poten�al viola�ons, may result in HART’s SUP
being revoked in accordance with sec�on 15.2-2286 and sec�on 15.2-2204 of the Code
of Virginia.

12) In accordance with Madison County's Site Plan Ordinance, prior to the issuance of
building permit(s) an Official Site Plan for the proposed permanent kennel shall be
submited to be reviewed by the Planning Commission and approved, approved with
modifica�ons, or denied by the Board of Supervisors.

13) Failure to comply with any of the condi�ons set forth in this document shall
cons�tute a zoning viola�on and may result in legal ac�on(s) necessary to revoke said
SUP by Madison County’s Zoning Administrator.

See Visual Exhibits on Subsequent Pages

3|Page
Exhibit A: HART's Rescue Kennel Design

Page 4
EXHIBIT B: Sec�on of Old Sparks Road to be maintained by HART

5|Page
EXHIBIT C: ~ Loca�on of Permanent Kennel Facility and Access Drive

EXHIBIT D: Examples of Sound Baffling Fence

6|Page
EXHIBIT E: ~ Loca�on of Temporary Kennel Facility

END OF DOCUMENT

DRAFT
7|Page