17SN0595
CASE NUMBER: 17SN0595
APPLICANT: Judith G. Kohnen
CHESTERFIELD COUNTY, VIRGINIA
STAFF’S ANALYSIS Magisterial District: MATOACA
11932 Winterpock Rd
AND
RECOMMENDATION
Board of Supervisors (BOS)
Public Hearing Date:
DECEMBER 14, 2016
BOS Time Remaining:
365 DAYS
Applicant’s Contact:
JUDITH G. KOHNEN
(804-739-0914)
Planning Department Case Manager:
RYAN RAMSEY (804-768-7592)
APPLICANT’S REQUEST
Conditional use to permit a business (professional healing arts) incidental to a dwelling in an
Agricultural (A) District.
Aprofessional healing arts business from the home, with group instruction and assembly, is
currently operating without the requisite zoning. Approval of this conditional use would bring
the use into compliance with the Ordinance.
Notes:
A.Conditions may be imposed or the property owner may proffer conditions.
B.Conditions and an exhibit are located in Attachments 1 and 2.
RECOMMENDATIONS
PLANNING RECOMMEND APPROVAL
COMMISSION
(11/15/2016)
RECOMMEND APPROVAL
STAFF Conditions will address potential impacts of use on adjacent
properties.
Providing a FIRST CHOICE community through excellence in public service
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Map 2: Comprehensive Plan
Classification: RURAL RESIDENTIAL/AGRICULTURAL
This designation suggests the property is appropriate for single family residential use on 1 to 5 acres
and agricultural use. In addition, Commercial uses may be appropriate for a limited period with
site improvements, provided the uses can be designed and operated to minimize the impact
minimal
on existing and anticipated area development.
Map 3: Surrounding Land Uses & Development
Single-family
Residential or
Vacant
Single-family
Residential
Coalboro Road
Winterpock Road
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PLANNING
Staff Contact: Ryan Ramsey (804-768-7592) ramseyrp@chesterfield.gov
PROPOSAL
The applicant has been operating a business (professional healing arts business) from this property
since 2011 without the required zoning. In July 2016, the Planning Department received a
complaint relative to the operation of a business from the home that included group instruction
and assembly.Group instruction and assembly arenot permitted with a business from the home.
Consequently, a conditional use is required.
The applicant conducts a variety of group instruction and assembly activities as part of the
professional healing arts business, including group instruction (such as alternative healing classes
and educational lectures), motivational and personal development courses, and reiki sessions.
These activities occur inside the applicant’s home, inside a detached garage, or in an area in front
of the home (Exhibit A, Attachment 2). Clients who attend these group assembly activities park in
grassy areas adjoining the existing driveway. (Exhibit A, Attachment 2)
The following provides an overview of conditions recommended by staff to minimize the impact of
the use on area properties:
General Overview
Requirements Details
Limited to the applicant only
Ownership
Condition 1
Limited to a professional healing arts business, incidental
Use to a dwelling
Condition 2
5 Years
Time Limit
Condition 3
6 – 8 p.m. on Tuesday
10 a.m. – 3 p.m. on Wednesday & Saturday
1 – 5 p.m. on Sunday
Hours of Operation
No operation of the use on Monday, Thursday or
Friday
Condition 4
Confined to the existing dwelling, detached garage, and
Expansion & Location of Use outdoor group assembly area only
Condition 5, Exhibit A
No employees
Employees
Condition 6
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General Overview(Continued)
Requirements Details
Maximum of 20 clients at any one time
Maximum of 4 group assembly activities a week
Group assembly activities include:
group instruction
o
Group Instruction & Assembly
educational lectures relative to
o
professional healing techniques
personal development
o
Condition 7
Limited to 1 sign, 1 square foot in area, to direct clients to
the applicant’s property, shown on Exhibit A, within 90
Signage
days of approval
Condition 8
Limits parking area to 20 vehicles, in the area shown on
Parking Exhibit A
Condition 9
As conditioned, the use would be limited in scale, scope and duration while operating on property
containing sufficient acreage (40 acres) to limit its impacton adjacent property owners.
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FIRE SERVICE
Staff Contact: Anthony Batten (804-717-6167) battena@chesterfield.gov
Nearby Fire and Emergency Medical Service (EMS) Facilities
Fire Station The Winterpock Fire Station, Company Number 19
EMS Facility The Winterpock Fire Station, Company Number 19
This request will have minimal impact on Fire and EMS.
COUNTY DEPARTMENT OF TRANSPORTATION
Staff Contact: Jim Banks (804-748-1037) banksj@chesterfield.gov
The Comprehensive Plan, which includes the Thoroughfare Plan, identifies county-wide
transportation needs that are expected to mitigate traffic impacts of future growth. The
anticipated traffic impact of the proposal has been evaluated and it is anticipated to be
minimal.
VIRGINIA DEPARTMENT OF TRANSPORTATION
Staff Contact: Brian Lokker (804-674-2384) brian.lokker@vdot.virginia.gov
VDOT has not comment on this request.
WATER AND WASTEWATER SYSTEMS
Staff Contact: Terry Maples (804-751-4435) tmaples@chesterfield.gov
No impactsare anticipated with this request. Public water and sewer service is not availableto the
request property.
HEALTH
Staff Contact: Jack Watts(804-748-1697) Jack.Watts@vdh.virginia.gov
The Health Department must approve expanded use of the private wastewater system.
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ENVIRONMENTAL
Drainage, Erosion and Water Quality
Staff Contact: Rebeccah Ward (804-748-1028) wardr@chesterfield.gov
Stormwater
Issue Discussion/Conditions
Located within the Appomattox RiverWatershed
Western property line is generally contiguous with Winterpock
Geography
Creek, which drains to Lake Chesdin and into the Appomattox
River
Resource Protection Area is located along Winterpock Creek and
Environmental extends into the western portion of the property
Features
FEMA floodplain associated with Winterpock Creek extends into
the western portion of the property
Erosion and If greater than 2,500 square feet of total land disturbance will occur with
Sediment Control any future improvements, a land disturbance permit will be required
If greater than 2,500 square feet of total land disturbance will occur with
Storm Water any future improvements, the project will be subject to the Part IIB
Management technical criteria of the Virginia Stormwater Management Program
Regulations for water quality and water quantity
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CASE HISTORY
Applicant Submittals
9/8/16 Application submitted
10/17/16 Revised application submitted
Community Meeting
10/11/16 Issues Discussed
The District Commissioner, applicant and staff attended this meeting. No
citizens were in attendance.
Planning Commission Meeting
11/15/16 Citizen Comments
No citizens spoke to this request.
Recommendation – APPROVAL SUBJECT TO THE CONDITIONS IN
ATTACHMENT 1
Motion: Wallin Second: Jones
AYES: Wallin, Sloan, Frye, Jackson and Jones
The Board of Supervisors on Wednesday, December 14, 2016, beginning at 6:30 p.m., will
consider this request.
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ATTACHMENT 1
CONDITIONS
Note:
The following conditions were recommended by both the Planning Commission and staff
1.Non-Transferable Ownership. This conditional use shall be granted to and for Judith G.
Kohnen, exclusively, and shall not be transferable nor run with the land. (P)
2.Use Permitted. This Conditional Use approval shall be for the operation of a business
(professional healing arts) with group instruction and assembly, incidental to a dwelling. (P)
3.Time Limitation. This Conditional Use approval shall be granted for a period not to
exceed five (5) years from the date of approval. (P)
4.Hours of Operation. Hours of operation shall be limited to the following:
a.6:00 p.m. to 8:00 p.m. on Tuesday;
b.10:00 a.m. to 3:00 p.m. on Wednesday and Saturday;
c.1:00 p.m. to 5:00 p.m. on Sunday;
d.There shall be no operation of the use on Monday, Thursday or Friday. (P)
5.Expansion of Use. No new building construction shall be permitted to accommodate this
use. The use shall be located within the existing dwelling, detached garage or in the
outdoor group assembly area shown on Exhibit A, dated October 12, 2016. (P)
6.Employees. No employees shall be permitted to work on the premises, other than
family member employees that live on the premises. (P)
7.Group Instruction & Assembly. No more than twenty (20) clients shall be permitted on
the property at any one time. No more than four (4) group instruction and assembly
activities shall be held in a week (Monday through Sunday). (P)
8.Signage. One (1) sign, not exceeding one (1) square foot in area, shall be installed along
the fork in the existing driveway to identify the applicant’s residence and direct clients
to the property, as shown on Exhibit A. The sign shall not identify the business name.
This sign shall be installed within ninety (90) days of approval. (P)
9.Parking. No more than twenty (20) vehicles for clients shall be parked on the premises
at any one time. Parking for these vehicles shall be restricted to the area designated as
“Parking Area for Clients” on Exhibit A. (P)
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ATTACHMENT 2
EXHIBIT A
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