09SN0168
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
09SN0168
John P. Kirwan, Jr.
and
Becky H. Kirwan
Matoaca Magisterial District
South line of Beach Road
May 27, 2009 B S
REQUEST: Conditional Use to permit a business (commercial kennel) incidental to a dwelling.
PROPOSED LAND USE:
In addition to the single family residential use, the applicant plans to operate a
commercial kennel on this property.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND DENIAL.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
A. The proposed land use does not conform to the Southern and Western Area Plan
which designates the request property as part of the Rural Conservation Area
where activities should be limited primarily to agricultural and forestall uses with
isolated single family residences permitted on larger acreage parcels.
B. The proposed land use is incompatible with existing and future area development.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE
AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY
Providing a FIRST CHOICE community through excellence in public service
A "STAFF" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A
"CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING
COMMISSION.)
PROFFERED CONDITIONS
1. This Conditional Use shall be granted to and for John P. Kirwan, Jr. or Becky H.
Kirwan, exclusively, and shall not be transferable nor run with the land. (P)
2. This Conditional Use shall be limited to the operation of a boarding kennel for a
maximum of twenty (20) dogs and ten (10) cats. (P)
3. A maximum of four (4) employees, other than family member employees that live
on the property, shall be engaged in the operation. (P)
4. Areas associated with the keeping of animals shall be cleaned and made free of
waste on a regular basis so as to eliminate odors and proliferation of insects. (P)
5. One (1) sign shall be permitted to identify this use. Such sign shall not shall not
exceed one (1) square foot in area and shall not be illuminated. (P)
6. Sufficient on-site parking shall be provided so as to preclude on-street parking to
accommodate this use. (P)
7. Prior to any site plan approval or within ninety (90) days of a written request by
the transportation department, whichever occurs first, forty five (45) feet of right-
of-way along Beach Road, measured from the centerline of that part of Beach
Road immediately adjacent to the property, shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield County. (T)
8. Building(s) associated with the commercial kennel business shall not exceed a
cumulative total of 3,000 gross square feet in area. (P)
GENERAL INFORMATION
Location:
South line of Beach Road, east of Ambridge Road. Tax IDs 718-655-Part of 9146 and 718-
656-Part of 5848.
Existing Zoning:
A
Size:
0.9 acres
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Existing Land Use:
Single-family residential
Adjacent Zoning and Land Use:
North, South, East and West - A; Single-family Residential
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Public Water Svstem:
The request site is on the western edge of the Physic Hill Water Pressure Zone. The
closest existing public water line is a sixteen (16) inch line that extends along Winterpock
Road and to the east from Winterpock Road along Beach Road. This water line is
approximately 1,500 feet east of the request site. The request site is within the Rural
Conservation Area of the Southern and Western Area Plan. The use of public water is not
required by County Code since the proposed use is incidental to a principal use that was
previously allowed on a private well.
Public Wastewater Svstem:
The public wastewater system is not available. This site is within the Appomattox River
Sewer Service Area for which no plans yet exist to provide public wastewater service.
The request site is within the Rural Conservation Area of the Southern and Western Area
Plan. The use of public wastewater is not required by County Code, since the proposed
use is incidental to a principal use that was previously allowed on a private septic system.
Private Well and Septic Svstem:
The Health Department must approve any new well or septic system or expanded usage
of any existing well or septic system to serve this site.
ENVIRONMENTAL
Drainage and Erosion:
This request will have minimal impact on drainage and erosion.
09 SN0168-MAY27-BOS-RPT
PUBLIC FACILITIES
Fire Service:
The Winterpock Fire Station Number 19 currently provides fire protection and emergency
medical service (EMS). This request will have a minimal impact on Fire and EMS.
Transportation:
The property is located on the south side of Beach Road just west of Winterpock Road.
The applicant is requesting a Conditional Use to permit a commercial kennel incidental to
a dwelling in an Agricultural (A) District on 0.9 acres. This request will have a minimal
impact on the existing transportation network.
Beach Road is classified as a major arterial on the county's Thoroughfare Plan with a
recommended right-of--way width of ninety (90) feet. The applicant has proffered to
dedicate forty-five (45) feet of right-of--way along Beach Road adjacent to the property
contained within the Conditional Use, measured from the centerline of the road, in
accordance with that Plan. (Proffered Condition 7)
Virginia Department of Transportation VDOT~
This request is for a commercial kennel located on south side of Beach Road. The
information included with this request does not provide specific information necessary to
determine the traffic volumes generated; however, at a minimum, the existing entrance
shall be evaluated or upgraded to meet requirements of a VDOT standard commercial
entrance on Beach Road.
Any proposed modifications to existing state maintained facilities required as a result of
this proposal shall be the responsibility of the developer. All improvements within state
maintained right-of--way shall be designed and constructed in accordance with current
VDOT standards and specifications.
• The issuance of a VDOT Land Use Permit is required prior to any construction
activity within the right-of--way limits of Beach Road.
• VDOT requires that a commercial entrance be provided onto Beach Road State
Route 655. This entrance shall be paved to the right-of--way line a sufficient
thickness to support the vehicular traffic using this access.
• Adequate intersection sight distance shall be obtained at the proposed access onto
VDOT maintained roads and shown on the plans.
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LAND USE
Comprehensive Plan:
Lies within the boundaries of the Southern and Western Area Plan which designates the
request property as part of the Rural Conservation Area where activities should be limited
primarily to agricultural and forestall uses with isolated single family residences
permitted on lots larger than five (5) acres.
Area Development Trends:
The area is characterized by single family homes on large acreage properties or subdivision
developments located primarily to the north of Beach Road within proximity to public
utilities. The Plan anticipates residential development on these larger acreage parcels
continuing in the area south of Beach Road, with any planned development deferred for
twenty (20) years unless adequate public facilities are provided.
Use:
Proffered conditions would restrict the operation to a boarding kennel limited to the keeping
of twenty (20) dogs and ten (10) cats at any one time (Proffered Condition 2). Proffered
Conditions 1 and 3 limit the operation to the applicants and family members within their
household, as well as four (4) outside employees.
Site Design:
The applicants propose to construct a new building to accommodate the boarding business
(Proffered Condition 8). Proffered conditions require the provision of sufficient on-site
parking to accommodate this use (Proffered Condition 6). It should be noted that the
applicant will be required to submit site plans for review and approval prior to construction.
Proffered Condition 4 requires the areas associated with the keeping of animals to be kept
clean to eliminate odors and the proliferation of insects.
Si~nage:
The applicants are proposing one (1) sign, not to exceed one (1) square foot in area, for the
purpose of identifying this home-based business, consistent with Ordinance limitations for a
home occupation business accessory to a single family residence. (Proffered Condition 5)
CONCLUSION
The proposed land use does not conform to the Southern and Western Area Plan which designates
the request property for Rural Conservation Area where activities should be limited primarily to
agricultural and forestall uses with isolated single family residences permitted on lots larger than
five (5) acres. Further, the use is incompatible with existing and future area development.
5 09SN0168-MAY27-BOS-RPT
Given these considerations, denial of this request is recommended.
CASE HISTORY
Planning Commission Meeting (4/21/09):
The applicant did not accept the recommendation. There was no opposition present.
Mr. Bass noted that the request did not comply with the Plan; that this was a new
business rather than a renewal of a previously approved operation; and that the proposal
did not fit with area development.
On motion of Mr. Bass, seconded by Mr. Waller, the Commission recommended denial
of the request.
AYES: Messrs. Gulley, Brown, Bass, Hassen and Waller.
The Board of Supervisors, on Wednesday, May 27, 2009, beginning at 6:30 p.m., will take under
consideration this request.
6 09SN0168-MAY27-BOS-RPT
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Conditional Use Application
For A Dog Kennel
John Kirwan
Beach Road
Why Our Request Should Be Approved
Community:
A. The kennel is desired by the community. Many of our friends have said they
would like to bring their dogs to stay with us at our kennel.
B. There is no community opposition. All questions were satisfactorily answered
at our community meeting, which was attended by Wayne Bass.
C. The kennel is a relatively small operation -only 20 dogs.
D. The kennel is located on two parcels totaling 94 acres, totally surrounded by
forest. The dosest neighbor is approximately 1,500 feet away.
Environment:
A. There is no adverse effect on the environment. No additional clearing is
required. We are responsible landowners and stewards of the
environment. We operate our property as a tree farm, following best
management practices and certified by the state. We have invested $1,500 in
setting aside most of our streams and wetlands in preservation.
B. Alternative agricultural uses would have negative impact on the environment.
County:
A. The county would gain additional tax revenue.
B. This use will have much less impact on county services than if the property
were to be sold to a developer.
Personal Reasons Behind Our Request
1. My wife and I recently lost 85% of our retirement savings. I had
reviously planned to retire soon (I am 61 years old) but now it
Pooks like I'll need to continue working for many years. The kennel
will be a good option for me.
2. The kennel is a business I can operate with my family - my wife,
son, daughter-in-law, and my six grandchildren. I can teach my
grandchildren about the honorable nature of work and how to
operate a good business that serves its customers, has high
ethical standards, and makes money.
3. My grandchildren can earn money for their college education - an
important value for our family.
4. We love dogs and have experience taking care of them.
Site Layout
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