SOUTHAMPTON COUNTY BOARD OF SUPERVISORS Regular Session i May 22, 2017

MOTION REQUIRED: If the Board is so inclined, a motion is required to accept the Planning Commission recommendation and approve the Conditional Use Permit.

10B. PUBLIC HEARING CONDITIONAL USE PERMIT QUEENIE SWAMP KENNELS, LLC

This public hearing is held pursuant to Section(s) 15.2-1427 and 15.2-2204 of the Code of Virginia, 1950, as amended to consider a request by Kyle Prendergast, Queenie Swamp Kennels LLC, owner, for a Conditional Use Permit to operate a commercial kennel under Sec. 18-37 (21) of the Southampton County Code. The property is located at 22092 Southampton Parkway, Courtland, and is known as Tax Parcel 73-20. The property contains approximately 3.25 acres and is in the Capron Voting and Magisterial Districts.

The notice of public hearing was published in the Tidewater News on May 7 and May 14, 2017 and all adjacent property owners were notified as required by law. Following its public hearing on April 13, 2017, the Southampton County Planning Commission recommended approval of the CUP in accordance with the submitted application. After conclusion of tonight’s public hearing, the Board of Supervisors will consider the comments offered this evening and will proceed to approve, deny or defer action on the request. Mrs. Beth Lewis, Secretary to the Planning Commission, will provide introductory remarks after which all interested parties are invited to come forward and express their views.

CUP 2017:01 Kyle Prendergast, Queenie Swamp Kennels LLC, owner

Application Request: Conditional Use Permit

IDENTIFICATION AND LOCATION INFORMATION

Comprehensive Plan designation: Largely Agricultural/Forest/Open Space/Rural Residential,

Industrial bordering Southampton Parkway

Zoning designation: A-1, Agricultural

Acreage: Total acreage, 3.25 acres

Current Use: Single family residence

Tax Map No.: TP 73-20

Location: 22092 Southampton Parkway, Courtland

Magisterial District: Capron

Voting District: Capron

Adjacent Zoning: North: A-1, Agricultural South: A-1 East: A-1 West: A-1

Adjacent Land Use: North: Single family residence across Southampton Parkway South: Agriculture East: Agriculture West: Agriculture

PROJECT ANALYSIS

Overview The applicant is seeking a Conditional Use Permit to operate a commercial kennel on the site of his residence. The applicant’s statement is provided as part of the application, but portions are summarized here. The application provides, “The intention of my kennel will be to promote breed improvement of AKC registered dual purpose beagles for rabbit hunting and AKC field trialing under the Gun Dog Brace and Small Pack Option formats. I plan on housing between 5 and 12 adult beagles of my own at any given time and raising 1 to 3 litters of puppies per year.” The application continues, “The kennel itself will be located at the southwest corner of the property. An existing carport on the property will be used to shelter the kennel with a new concrete floor. Chain link kennel panels will be used to construct the kennels under the carport. An above ground row of kennels will be

constructed adjacent to the carport...”. Zoning requires accessory uses to be behind or further from the street than the principle use, and this carport and kennel area meet that requirement. With regard to training to be held on the property, the application provides, “A 2-acre training pen will be built at the northern end of the property. The pen will be planted in a wildflower, lespedeza grass and switch grass mix and enclosed with a board fence. The pen will be used to train juvenile puppies of my own, as well as other beaglers’ hounds. I will kennel and train up to four puppies per month with the use of the training enclosure”. A fence exists today that meets the height and setback requirements. The applicant may use the current fence or construct a new one, but either way he plans to attach training pen/apron wire to the inside of the fence. This area is along Southampton Parkway, between the house and the roadway. Fences are permitted in the required front yard with height limitations, and this proposed training pen is merely a fenced area when viewed through the lens of zoning. With regard to care, “My residence is on site and daily attention will be given to the hounds occupying the facility. I typically feed dogs under 6 months old two times daily. Dogs older than 6 months are fed one time daily. I do not use automatic feeders for my hounds. I clean kennels in the afternoons daily and recycle the waste into compost.”

The A-1, Agricultural zoning district permits the following: (21) Dog kennels, commercial, with a conditional use permit.

There are no Supplementary Regulations for commercial kennels in the zoning

ordinance. However, the application meets the more stringent supplementary

regulations for private kennels with regard to location of kennels in relation to property

lines and off-site residences as well as the distance from drinking water sources and

streams.

Community Comments No comments were received. No one spoke at the Planning Commission public hearing other than the applicant.

CONCLUSION

Strengths of application:

The property is surrounded on three sides by property in agricultural use, so the installation of a commercial kennel will not introduce noise or other issues into an otherwise residential area. The nearest off-site residences are over 800 feet from the proposed kennel location.

The application outlines the scale of the operation, with 5-12 dogs belonging to the property owner, 1-3 litters per year, and no more than 4 puppies housed for training per month. Such limits would be part of the Conditional Use Permit should it be approved as requested.

The owner lives on site, so necessary care of the dogs and upkeep of the property can be expected.

Weaknesses of application:

There may be noise and other nuisances created by the dogs.

PLANNING COMMISSION ACTION

At their regular April 13, 2017 meeting, the Planning Commission held a public hearing concerning the request, and made a unanimous recommendation of approval:

Beth Lewis states okay the first request is CUP 2017:01, this is an application by Kyle Prendergast, Queenie Swamp Kennels LLC, owner, for a Conditional Use Permit to operate a commercial kennel under Sec. 18-37 (21) of the Southampton County Code. The property is located at 22092 Southampton Parkway, Courtland, and is known as Tax Parcel 73-20. The property contains approximately 3.25 acres and is in the Capron Voting and Magisterial Districts. I don’t know if you all have gone past, but there is a sign out front. He has a long narrow property on Southampton Parkway, it is on the south side of the road and there is a house sort of in the middle; the property will be utilized to operate a commercial kennel using the front part that has a white wooden fence around it now, which he would probably replace or reconstruct. And then use the area behind the house where the carport is to kennel dogs. This would be to promote breed improvement of AKC registered dual purpose beagles for rabbit hunting, and AKC field trialing under the gun dog brace and small pack option format. He would have between five and twelve adult beagles of his own and raise 1-3 litters of puppies per year and then he would bring in some dogs, up to four puppies per month for training as well. I sent out the notices to all the abutting property owners, I have not received any telephone calls or questions or anything about it. This meets the requirements of a conditional use permit and Mr. Prendergast lives on site, so the dogs would be in his yard so we can assume, I would assume they would be well taken care of and the environment will be kept in good care. Mr. Prendergast is here, I’ve spoken to him on the phone, but I’ve not met him in person. I’m sure he is willing to answer any questions you may have. Chairman Drake states alright, I’m opening the public hearing. Welcome, Mr. Prendergast, if you have a statement you’d like to share with us? Kyle Prendergast states well she pretty much summed it up. It’s just a hobby, I’m not trying to open a boarding kennel or anything for people going on vacation, and it’s just a hobby of mine. I make a little bit of money on it, and I think it’ll be a tax advantage to me to go ahead and operate like this, so. Chairman Drake states okay?

Commissioner Randall states no solar panels, right? Kyle Prendergast states no, sir. Maybe for the electric fence or something like that, but nothing bigger than six inches. Commissioner Randall states no neighbors, got no feedback at all? Beth Lewis states no, and most of the abutting property is owned by one property owner. Kyle Prendergast states Ricky Garganus’ peanut field there. Beth Lewis states and it abuts Southampton Parkway, so the next nearest neighbors are across the four lane median divided highway. Commissioner Randall states so it seems to be in a good location? Beth Lewis states right. There aren’t any houses within seven or eight hundred feet; it is quite a distance from…where anyone Chairman Drake states are there any other questions? Commissioner Chesson states public utilities run up and down this road there, water and sewer? Beth Lewis states no, there is no need for water and sewer. Commissioner Randall states Route 58. Beth Lewis states it’s on Southampton Parkway. Commissioner Chesson states it’s not the business district? Beth Lewis states no, it’s west of the high school, almost to Capron. Chairman Drake states any other questions… for Mr. Prendergast? Any other questions? Thank you, sir. Kyle Prendergast states thank you. Chairman Drake states would anyone else like to come up to speak? No one else, last call. Alright, I’m going to close the hearing. Alright, what is the pleasure of the board? Commissioner Randall states I make a motion that we approve the application. Commissioner Edwards seconds the motion. Chairman Drake states we have a motion and a second to accept the application as presented that will of course will be passed onto the Board of Supervisors as a recommendation from the Planning Commission. Chairman Drake called for a vote. The motion passed with a voice vote recorded as follows. Keith Tennessee AYE

Dr. Alan W. Edwards AYE J. Michael Mann AYE John T. (Jack) Randall AYE Douglas A. Chesson AYE William “Bill” Day AYE Robert T. White AYE

Beth Lewis states this will go the May Board of Supervisors meeting, and a notice in the mail to go through this again.

SUPPORT INFORMATION AND ATTACHMENTS

1) Staff Report 2) Application material 3) Adjacent property owner notification 4) Aerial

AFFIDAVIT

I, ~N\~~. Sffiltb , hereby certify that I have sent by first class mail one copy each of the attached notices of public hearings to all adjacent property owners listed hereinbelow pursuant to Section 15.2-2204, Code of Virginia, 1950 as amended.

STATE OF VIRGINIA

COUNTY OF SOUTHAMPTON, to-wit:

This day, ~a N ~M.~ appeared before me, Lynette C. Lowe, a Notary Public for the County of Southampton and being duly sworn, deposed and said that the above certification is true and correct.

Taken, subscribed and sworn to me this q ~ day 0 f -----=!---""""""\ ___ 2 0 \ 1 . My Corwni!ftiPf. tCSoRires: Sui\! Q I

NOTARY PUBLIC \ Commonwealth of Virginia

Reg. '7362736 My Commission Expires -r . ~ I .;:LO I e

Tax Map/Parcel # Name/Address of Adjacent Property Owner

See Attached

Kyle Prendergast 22092 Southampton Parkway Courtland, VA 23837

Derek Ross 22065 Southampton Parkway Courtland, VA 23837

Ricky and Dora Gurganus 16465 Barrow Road Capron, VA 23829

SOUTHAMPTON COUNTY Board of Supervisors

Notice of Public Hearing

Notice is hereby given pursuant to Section 15.2-1427 and 15.2-2204 of the Code of Virginia, 1950, as amended that the Southampton County Board of Supervisors will hold public hearings on Monday, May 22, 2017 at 7:00 p.m., or as soon thereafter as may be heard, in the Board Room of the Southampton County Office Center at 26022 Administration Center Drive in Courtland, Virginia to consider the following matters:

1. CUP 2017:01 - Application by Kyle Prendergast, Queenie Swamp Kennels LLC, owner, for a Conditional Use Permit to operate a commercial kennel under Sec. 18-37 (21 ) of the Southampton County Code. The property is located at 22092 Southampton Parkway, Courtland, and is known as Tax Parcel 73-20. The property contains approximately 3.25 acres and is in the Capron Voting and Magisterial Districts.

2. RZA 2017:01 - Application by Jonathan Bowen, owner, for a zoning map amendment from R-1 , Residential to CA-2, Conditional Agricultural , for Tax Parcels 47A2-1-138A, 138B and 138E. The property is located at 18170 Fourth Street, as well as the southwest quadrant of the intersection of Fourth Street West (Rte. 1003) and Maple Avenue (Rte. 1001) in Sedley. The properties total approximately 4.2 acres. The property is in the Jerusalem Voting and Magisterial Districts.

3. An ordinance developed pursuant to the provisions of § 15.2-2272 (2) of the Code of Virginia, 1950, as amended , vacating specified portions of that certain plat of "SEDLEY VA. SURROUNDINGS, ADDITIONS & COUNTY ROADS," surveyed and platted by H.F. Watts, C.E., S.S. & S. R.R. , July 1907 and recorded in Plat Book 1 & 2, Page 5 in the Office of the Clerk of the Circuit Court. The aforesaid ordinance vacates the following sections of undeveloped streets:

a. Fifth Street West, beginning at the southern edge of Maple Avenue and proceeding in a southerly direction to the boundary line between Section C (Pretiow Estate) and Section A (Original Townsite);

b. Walnut Avenue, beginning at the western boundary of Fourth Street West and proceeding in a westerly direction to the boundary line between Section C (Pretiow Estate) and Section A (Original Townsite);

c. Elmwood Avenue, beginning at the western boundary of Sixth Street West and proceeding in an easterly direction to the western boundary Fifth Street West;

d. Sixth Street West, beginning at the northern boundary of Elmwood Avenue and proceeding in a southerly direction to the northern boundary of Maple Avenue;

e. Maple Avenue, beginning at the western boundary of Sixth Street West and proceeding in an easterly direction to the eastern boundary of Fifth Street West; save and except that certain remnant beginning at the intersection of the northern boundary Maple Avenue and the centerline of Fifth Street West, thence in an easterly direction 30' to the southwest corner of Block 45, Lot 7, thence in a southerly direction 60' to the northwestt corner of Block 61 , lot 1, thence in a northwesterly direction to the centerline of Fifth Street West, the point of beginning .

Approval and recordation of the aforementioned ordinance shall operate to destroy the force and effect of that part of the plat so vacated, and shall vest fee simple title to the centerline of the portions of streets so vacated to the owner(s) of abutting lots free and

clear of any rights of the public. This property is in the Jerusalem Voting and Magisterial Districts.

Information associated with these matters is on file and available for public inspection in the County Administrator's office, 26022 Administration Center Drive, Courtland, Virginia during normal office hours of 8:30 a.m. to 5:00 p.m., Monday through Friday.

Any person desiring to be heard on these matters should appear at the time and place referenced herein above and offer his or her comments to the Board of Supervisors.

The hearing is held at a public facility designed to be accessible to persons with disabilities. Any persons with questions on the accessibility of the facility or need for reasonable accommodations should contact Michael W. Johnson, Clerk, at (757) 653-3015. Persons needing interpreter services for the deaf must notify Mr. Johnson at least seven (7) days in advance of the hearing.

Southampton County Board of Supervisors Michael W. Johnson, Clerk

OrderReceipt

Tidewater News

P.O. Box 497 Franklin Va 23851

Phone: 757-562-3187Fax: 757-562-6795

1

MIKE JOHNSONSOUTHAMPTON COUNTY BOARD OFSUPERVISORSP.O. 400COURTLAND, VA 23837

Acct #: 00008367Phone: (256)653-3015Date:Ad #:Salesperson: mg Ad Taker: mg

Description Amount

Ad Notes:Class:

05/04/201700034492

2610

Start Stop Ins. Cost/Day Extras

SOUTHAMPTON COUNTY 05/07/2017 05/14/2017 1,262.964 315.74 11.40

Total Due 1,262.96

Prepaid:Net:Tax:

Total:

Payment Reference:Ad Text:

SOUTHAMPTON COUNTYBoard of SupervisorsNotice of Public Hearing

Notice is hereby given pursuant to Section 15.2-1427 and 15.2-2204of the Code of Virginia, 1950, as amended that the SouthamptonCounty Board of Supervisors will hold public hearings on Monday,May 22, 2017 at 7:00 p.m., or as soon thereafter as may be heard, inthe Board Room of the Southampton County Office Center at 26022Administration Center Drive in Courtland, Virginia to consider thefollowing matters:

1,262.960.00

1,262.960.00

SOUTHAMPTON COUNTYBoard of Supervisors

Notice of Public Hearing

Notice is hereby given pursuant toSection 15.2-1427 and 15.2-2204of the Code of Virginia, 1950, asamended that the SouthamptonCounty Board of Supervisors willhold public hearings on Monday,May 22, 2017 at 7:00 p.m., or assoon thereafter as may be heard,in the Board Room of theSouthampton County Office Cen-ter at 26022 Administration Cen-ter Drive in Courtland, Virginia toconsider the following matters:

1. CUP 2017:01 – Application byKyle Prendergast, Queenie SwampKennels LLC, owner, for a Condi-tional Use Permit to operate acommercial kennel under Sec. 18-37 (21) of the SouthamptonCounty Code. The property is loc-ated at 22092 Southampton Park-way, Courtland, and is known asTax Parcel 73-20. The propertycontains approximately 3.25 acresand is in the Capron Voting andMagisterial Districts.

2. RZA 2017:01 – Application byJonathan Bowen, owner, for a zon-ing map amendment from R-1,Residential to CA-2, ConditionalAgricultural, for Tax Parcels 47A2-1-138A, 138B and 138E. The prop-erty is located at 18170 FourthStreet, as well as the southwestquadrant of the intersection ofFourth Street West (Rte. 1003)and Maple Avenue (Rte. 1001) inSedley. The properties total ap-proximately 4.2 acres. The prop-erty is in the Jerusalem Voting andMagisterial Districts.

3. An ordinance developed pursu-ant to the provisions of § 15.2-2272 (2) of the Code of Virginia,1950, as amended, vacating spe-cified portions of that certain platof "SEDLEY VA. SURROUNDINGS,ADDITIONS & COUNTY ROADS,"surveyed and platted by H.F.Watts, C.E., S.S. & S. R.R., July1907 and recorded in Plat Book 1& 2, Page 5 in the Office of theClerk of the Circuit Court. Theaforesaid ordinance vacates thefollowing sections of undevelopedstreets:

a. Fifth Street West, beginning atthe southern edge of Maple Aven-ue and proceeding in a southerlydirection to the boundary linebetween Section C (Pretlow Es-tate) and Section A (OriginalTownsite);b. Walnut Avenue, beginning at thewestern boundary of Fourth StreetWest and proceeding in a west-erly direction to the boundary linebetween Section C (Pretlow Es-tate) and Section A (OriginalTownsite);c. Elmwood Avenue, beginning atthe western boundary of SixthStreet West and proceeding in aneasterly direction to the westernboundary Fifth Street West;d. Sixth Street West, beginning atthe northern boundary of Elm-wood Avenue and proceeding in asoutherly direction to the northernboundary of Maple Avenue;e. Maple Avenue, beginning at thewestern boundary of Sixth StreetWest and proceeding in an east-erly direction to the easternboundary of Fifth Street West;save and except that certain rem-nant beginning at the intersectionof the northern boundary MapleAvenue and the centerline of FifthStreet West, thence in an easterlydirection 30’ to the southwestcorner of Block 45, Lot 7, thencein a southerly direction 60’ to thenorthwestt corner of Block 61, lot1, thence in a northwesterly direc-tion to the centerline of Fifth StreetWest, the point of beginning.

Approval and recordation of theaforementioned ordinance shalloperate to destroy the force andeffect of that part of the plat so va-cated, and shall vest fee simpletitle to the centerline of the por-tions of streets so vacated to theowner(s) of abutting lots free andclear of any rights of the public.This property is in the JerusalemVoting and Magisterial Districts.

Information associated with thesematters is on file and available forpublic inspection in the CountyAdministrator’s office, 26022 Ad-ministration Center Drive, Court-land, Virginia during normal officehours of 8:30 a.m. to 5:00 p.m.,Monday through Friday.

Any person desiring to be heardon these matters should appear atthe time and place referencedherein above and offer his or hercomments to the Board of Super-visors.

The hearing is held at a public fa-cility designed to be accessible topersons with disabilities. Any per-sons with questions on the ac-cessibility of the facility or needfor reasonable accommodationsshould contact Michael W. John-son, Clerk, at (757) 653-3015.Persons needing interpreter ser-vices for the deaf must notify Mr.Johnson at least seven (7) days inadvance of the hearing.

Southampton County Board of Su-pervisorsMichael W. Johnson, Clerk