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HomeMy WebLinkAbout03-10 Comments (2)nY-05-2010 06.-46 AM Facsimile Transmittal To: Eric Lawrence -Director Fred. Cty. Planning Commission Mike Ruddy — Deputy Dir. Fred. Cty. Planning Commission Dana Johnston- Zoning Inspector Fred, Cty. Planning Commission Candice Perkins — Sen. Planner Fred. Cty, Planning Commission 665-6395 665-6395 665-6395 665-6395 John Bishop -Deputy Dlr. Transportation Fred. Cty. Planning Commission 665-6395 Charles S. Dehaven — Frederick Cty. Board of Supervisors 678-8828 The Hon. Richard C. Shlckle — Fred. Cty. Board of Supervisors 678184 Chris Collins — Fred. Cty. Board of Supervisors 667-0134 Gene Fisher — Fred. Cty. Board of Supervisors 662-5238 Front: Judy K. Laub/The Neighborhood Date: Tuesday, May 04, 2010 RE: Conditlonal Use Permit #03-1 After a neighborhood meeting regarding the above Conditional Use Permit I faxed each of your our neighborhood objections and facts on Monday, May 3, 2010 from my place of employment—The Adams Companies. Having been there 13-1/2 years I grabbed the company fax cover page which I have done a million times and used it. I want to make certain that everyone who received this understands that I ayag In no way Irnohrine the attached was the opinion of Richard Bell, CEO or the Adams Companies. This has nothing to do with them at all. I simply used it without thinking. I apologize if anyone who received this misunderstood my intentions. I was merely trying to beat the deadline of the meeting on Wednesday, May 5a'' which I cannot attend. I never thought any of you would assume 1 was speaking for the company. I was not. I hope this clarifies any misunderstandings or misinterpretations that may have been caused. Thank you for your time an attention to this correspondence. Jud K. Lau Mr. Richard Bell Animal Medical Clinic of Stephens City P.01 .1 � oo l ou l i 7F 1/ 21 THE ADAMS COMPANIES Real Estate Services Facsimile Transmittal To: Frederick County Planning Commission Fax #: 665-6395 Phone: From: Judy Laub/Neighborhood Citizens Date: May 3, 2010 Pages: 21 Including Cover Page CC: Q Adams -Nelson & Associates, Inc. ❑ Adams -Nelson Management, Inc. ❑ Pegasus Properties, LLC ❑ Adams -Nelson Property Management, Inc. El Old Town Event Center If you do not receive the above referenced pages or have trouble with this transmission, please call (540) 667- 2424. MESSAGE: PLEASE STOP THIS CANCER IN OUR NEIGHBORHOOD BEFORE IT COMPLETELY KILLS IT! The facility that is there now is a two-story eyesore. PLEASE do not continue and expand the mistake that was made in the first place by allowing this in a well-established and maintained residential neighborhood. WE BEG YOU to please stop this pollution and cancer that is going to ruin and kill us. Thank you, The Neighborhood Adams -Nelson & Associates, Inc. - Licensed in Virginia & West Virginia Adams -Nelson Management, Inc. Adams -Nelson Property Management, Inc. — Licensed in Virginia Pegasus Properties, LLC —Licensed in Virginia r Old Town Event Center The Fern Adams Building 303 S. Loudoun Street Winchester, VA 22601 540-667-2424 • FAX -540-667-2441 www.adamseampanies.com Information provided believed to be reliable, but not guaranteed. If you do not wish to receive faxes from us in the future, please fax your request to 540-667-2441 at your convenience, 24 hours a day. Please write or type "REMOVE" in capital letters and we will remove you from our fax contact information. Thank you. May 1, 2010 Mr. Bill M. Ewing P.O. Box 27 Stephens City, VA 22655 RE: Conditional Use Permit #03-1- For Animal Medical Center - 689 Aylor Road Stephens City, VA 22655 Dear Mr. Ewing: This is an open letter of protest and objection from the residents that will be affected by the above referenced Conditional Use Permit. We are strongly opposed to any expansion of this facility at all The Animal Medical Center has failed to live up to the conditions that were put in place when they built the facility that is currently there. They are polluting the neighborhood and we are angry! The ladies who live at 100 Westmoreland Drive and 102 Westmoreland Drive are having their properties devalued due to the excessive run-off of water and waste from the facility. The ladies have tried to work this out with the Vets with no success. The Vets promised to deal with the situation and have done absolutely nothing. It has reached the point where the ladies feel intimidated by the Vets to even complain to them anymore. The run off is so excessive that they cannot use their backyards due to it and the stench of animal waste is unbearable! Who gave the vets the right to ruin our properties?!? Who gave them the right to ignore these ladies rights and intimidate them?!? Are the vets so arrogant they feel they can do whatever they want to make a dollar? The lady at 102 is a widow with asthma who cannot even sit out in her backyard now in the summer due to the stench! Her daughter lives with her and has to use oxygen. She cannot enjoy the yard either. How dare the vets! ! ! ! ! ! And they want to expand that mess!! We feel the current operation should be curtailed until the disaster they have already created is corrected and remediate. It is getting worse by the day. What about the ep ground water? Mr. Goode has a garden in the lot between 102 & 106 Westmoreland Drive. Should he be eating his produce? What about his quiet enjoyment in his retirement of his garden?M? The enormous air conditioning/heat pump of the building was placed in the side yard directly behind these ladies homes when it could have easily been place in the back of the building. On top of that, the two story monolith towers over their homes. Was that really necessary?!? -continued- Page #2 The Board of Supervisors cannot in good faith allow this tragedy to go forward. Your slogan states: "Insuring the quality of life of all Fredrick County citizens by preserving the past and planning for the future through sound fiscal management. " Allowing this tragedy to go forward is not planning for the future through sound fiscal management_ The quality of life for the citizens in the immediate vicinity of this facility is being reduced to zero! The Vets knew when they bought the current location they were going to be in a well- established, well -cared for residential community. There are numerous commercial properties on the market that will allow them to expand to their hearts' content. The size of operation they want is not appropriate or welcomed in a residential community. The widows and retirees that live in this community are good, solid citizens who cannot just pickup and move somewhere else, nor do they want to. A vet is a destination location and can go to a commercial location that will accommodate their desire to expand and their customers will go where they go. As a matter of fact, the property across the street next to the Church that backs up to I-81 is for sale by the owner. They can just move down the street and expand back towards I-81 ! However, that would not stop the pollution to our neighborhood that they are doing as you read this. This must stop! Not only MUST the Board of Supervisors stop this expansion, they MUST immediately demand the Vets start the process of remediation so that the residents can once again enjoy ALL of their property and have peaceful enjoyment of what they have worked so hard to have. If we cannot count of the people we have supported and voted into office to protect the rights of our elderly and widows, who can we count on?M We need your help! In closing we feel this phrase sums up the situation: There is more to life than making money at the expense of others. Respectfully submitted, Vl� 6.11-c. /OA Jor Flrde' cl, ,e l v s- f-aqli�e ucl jot �� �� G� U, P(L I - 00/ 3ti'1 i ;T S% 11 �Ip Animal Medical Center of Frederick County, PC 681 Aylor Road, AO. Box 1117, Stephens City, VA 22655 (540) 868-1001, fax (540) 868-1011 Dr. Bruce Welch Dr. Shelley Hoffman Dr. Roe Hirsch Dr. Brian Cather Dr. Sue Hirsch Dr. Kathy Hollengreen April 26, 2010 Mr. And Mrs. Laub, It is hard to believe that Animal Medical Center of Frederick County has been providing community veterinary care for nearly 13 years. During this time, our Stephens City population has grown by nearly 9000 people and the need for family pet care has grown as well. The scope and technology of veterinary care has also expanded. As we have grown and advanced technological care has consumed our space. We are now exploring the reality of our need to expand the hospital and parking. It is exciting for us to add an advanced patient ICU, an expanded diagnostic imaging capacity, a second surgical suite for advanced procedures such as hip replacements, back/neck procedures, TPLO's, arthroscopy, CO2 laser soft tissue surgery, fractures, and angular limb corrective osteotomies to name a few. Bruce Welch, DVM, has added to his training as a Certified Canine Rehabilitative Therapist (CCRT). About 400 credentialed CCRT's exist in all North America! Our expansion plans include a full animal rehabilitation therapy unit. Dr. Shelley Hoffman is nearing completion in her certification in veterinary acupuncture and looking forward to expanding integrative medicine here. While our physical facility will expand some and patients will continue to be hospitalized overnight, we feel it is important to assure our neighbors that our plans do not include boarding any animals. Our commitment in the community and our neighborhood remain. We have both lived our entire lives in this region and have watched it evolve from a rural community to what it is today. We hope you share in our vision to offer the most advanced and progressive care for our animal patients in our community. Please contact one of us directly if you have any questions or concerns. Sincerely, Bruce E. Welch, DVM, CCRT Brian L. Cather, DVM P. S. The expansion plans proposed do not, -at this time; require the need for you to relocate your back fence off our lot and into yours. We will contact you in the future if this alteration is necessary. uo---I v; -. -Ivi. , i � no/ 13L) I / ;41 O/ 2-1 April 26, 2010 Mr. Mark R_ Cheran Zoning Administrator County of Frederick Dept. of Planning & Development 107 N. Kent Street, Suite 202 Winchester, VA 22601 RE: Conditional Use Permit #03-10 for Animal Medical Center — 689 Aylor Road, Stephens City, VA 22655 Dear Mr. Cheran: My name is Mrs. Judy Laub. I live at 106 Westmoreland Drive and my backyard backs up to the vet clinic that is proposing this expansion. My husband and I strongly object to this expansion and want it stopped. Due to a prior commitment, we cannot attend this meeting. However, I need to have you hear our objections to this expansion which will be enormous. Our reasons for this objection are as follows: I. This is residential neighborhood. There is not another commercial, for profit facility in this neighborhood. It is a quiet residential area where small children can ride their bikes and the elderly walk daily, even after dark. 2. By allowing this enormous expansion it eliminates the adjoining property owners' rights to the quiet enjoyment of their properties. 3. This end of Westmorland Drive has many retirees (my husband and I have been here 14 years now and intend to retire here) who are not able to just pick up and move somewhere else. It is a mature, established neighborhood. 4. One retiree across the street is a Vietnam Vet and is battling cancer. He deserves peace and quiet. 5. My husband had a massive heart attack 2 years ago. Where is his ability to enjoy peace and quiet once the massive facility is built? 6. I am an asthmatic. Do you have any idea how much urine and feces is deposited on the current property? Sit out sometime on a hot summer night. The wind blows from Aylor Road towards all of our properties. When the vet first opened they were very diligent about picking up after the dogs. Not anymore! And how do they propose to clean up after the urine? Do you have any idea how offensive that smell is?!?!?! The 05-03-10; C)a: GUAM; Page #2 Mr. Mark R. Cheran April 26, 2010 dogs urinate when they get out of the car at the vet, some are brought out during their visit, and they go before getting back in the car with their owners. Add that up! A larger facility is only going to increase that amount beyond any of us being able to sit in our backyards and eat! Not to mention the workers bring their dogs to work with them and they use the area too! Being asthmatic, this really impacts me now. Also, they are not taking care of the privacy fence that is there now or the wood fence they built behind their facility. Both are in ill repair and leaning. They will do the same thing on a larger scale if you allow this. All of the adjacent homeowners keep their homes in wonderful condition and maintain groomed yards that we all take pride in. 7. This will also increase the amount of traffic on a residential street that has too much now. I cannot tell you times I have been on Aylor and people will pull right out in front of an ongoing car to get out of the vet's. 8. There are 8 elderly widows in our direct neighborhood. -What are they to do? Who is going to look out for their rights if you do not? They cannot sell and relocate from a home they have lived in for years. Who can?!?!?!? 9. We have an elementary school and a middle school in our neighborhood. What is the increased traffic going to do to them? God bless the vet for being so successful they can afford such a large addition to their facility. However, the owners of the animal clinic knew when they moved in the neighborhood the home owners were not thrilled, especially when they built a two-story barn. The security light is so bright that I can walk around in my home at night without turning the lights on. The alarm went off one night and it was allowed to sound all night. Trying getting up to work after that! They have not been "good neighbors". If they are so successful they need to add that much square footage to their facility, buy a commercial property elsewhere. It is obvious they have the money and can relocate. It is not like the home owners have that option. We were given assurances when they wanted to build there that there would be no expansion or further impact to our neighborhood. What short memories people have and how deceptive people can be! Just say what people need to hear to get in! Shame on them! I do not know how to object strongly enough. PLEASE do not do this to us. The value of our homes will plummet. No one will want to buy our homes even if we wanted or could afford to move. We homeowners were there first and did not purchase our homes with this "facility" in our backyards. There are plenty of affordable commercial 05-03-'i O: Oc; 5vAivi; Page #3 Mr. Mark R. Cheran April 26, 2010 ;1 540 667 3017 # 8/ 21 properties on the market for them to buy and build as large a building as they want with enough parking for a cast of thousands and plenty of acreage to handle that volume of urine and feces. PLEASE DO NOT DO THIS TO US. We have the right to not see our property values plummet any more than they have already; to sit out in our yards on our patios and decks and enjoy meals; and we have the right to quiet enjoyment of our properties. We have the right to retire and know that we are not in the middle of a commercial development that smells. The size of the expansion will directly and adversely impact us. I beg you to now allow this. If you would like to speak with me, please feel free to call me at home or at work. Sincerely, s. Jud . Laub 06 Westmoreland Drive Stephens City, VA 22655 540-869-9016 - Home 540-667-2424- Work jkl Enclosures cc: Frederick County Board of Supervisors 05-03-10;08:50AM; April 23, 2010 1 540 667 3017 # 9/ 21 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #03-10 FOR ANIMAL MEDICAL CENTER On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, May 5, 2010, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Conditional Use Permit 403-10 for Animal Medical Center, submitted by GreyWolfe, Inc., to allow for a building expansion and parking, associated with the conditions set forth by Conditional Use Permit #06-95. The property is located at 689 Aylor Road (Route 647), and is identified with Property Identification Number 75-A-38 in the Opequon Magisterial District. A copy of the agenda will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's website at www.fi7ederickcountvva.gov. Sincerely, , ark R. Cheran - Zoning Administrator MRC/bad 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 05-03-10;06:50AM; Renfo Property Infori tion Form Property Information Area FRED Dist Shawnee Description 2.05 ACRES Address 681 AYLOR RD Land Value 0 Bldg Value 236,100 Total Value 0 LU Value GAMB Tax Amount 0.00 Owner Information 1 540 667 3017 # 10/ 21 Rec # 24,092.02 Map Id 75 A 38 Zoning RP Esmt / ROW PAVE / PUBL Character RLNG Land Use SFAM Occupancy COMM Name BC & BW ENTERPRISES LLC Address PO BOX 1117 STEPHENS CITY, VA 22655 Acres 0.00 Elec / Gas Y / Y Water / Sewer PUBL / PUBL Deed Ref Bk / Pg 900/1140 Sale Price / Parcels 0 Sale Date 3/26/1998 r aLA� YWJI -aV Building Information . Bldg Sq Ft 3,250 Bsmt Sq Ft Air Cond Bsmt Fin SF Garage / # Basement SLAB Foundation CONC Walls Ex / In VINL / DRWL Stories 1 Units Air Cond Y Garage / # Fireplace Carport / # Flue Halfbaths Heat FHA Roof Type GAMB Fuel GAS Roof Matl SHGL Floor COMB Year Built 1998 Condition GOOD Rooms 16 Bedrooms Fullbaths 2 Halfbaths The information contained herein is deemed reliable but NOT GUARANTEED. The official city or county records must be checked to verify the accuracy of this information. 05-03-10:08:50AM; C: 0% 0 C: CD C: " o j Q0 a) 1 540 667 3017 e,g f i A _ _—.._._.Y_.--�...� _�b��•b -0 Q j O U a ' H O _ � U V i Q Q t- r h O Q _E 'E N �a<0 1 540 667 3017 e,g f i A _ _—.._._.Y_.--�...� _�b��•b -0 Q 05-03-10:08:50AM: Chairman AV irge Richard C. Shickle 292 Green Spring Road Winchester, VA 22603 (540) 667-2264 fax (540) 678-4484 office (540) 545-7312 Email Richard 1 540 667 3017 # 12/ 21 Klclnarcl Nlucicle was first elected to the Board of Supervisors on January 1, 1996 as the Gainesboro District Supervisor. He was first elected Chairman At -Large on January 1, 2000, re-elected Chairman on January 1, 2004 and re-elected Chairman again on January 1, 2008. Mr. Shickle represents the Board as a member of the Finance Committee; Winchester/Frederick County Consolidation Steering Committee; Joint Finance Committee; Metropolitan Planning Organization (MPO); Northern Shenandoah Valley Regional Commission; and Northwestern Regional Adult Detention Center Board alternate. Mr. Shickle is employed as the Vice -President of Administration and Finance at Shenandoah University in Winchester, VA. He is a graduate of Virginia Tech with a Bachelor of Science in Public Administration and is a Certified Public Accountant. Close Window 05-03-10;0B:50AM; AGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, 'Virginia May 5, 2010 7:00 P.M. CALL TO ORDER 1 540 667 3017 # 13/ 21 1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission should adopt the Agenda for the meeting 2) March 17, 2010 Minutes 3) Committee Reports 4) Citizen Comments PUBLIC HEARING 5) Conditional Use Permit #03-10 for Animal Medical Center, submitted by GreyWolfe, Inc., to allow for a building expansion and parking, associated with the conditions set forth by Conditional Use Permit #06-95. The property is located at 689 Aylor Road (Route 647), and is identified with Property Identification Number 75-A-3 8 in the Opequon Magisterial District. (Mr. Cheran) COMMISSION DISCUSSION 6) Water Service in the Stephenson Area. (Mr. Lawrence) 7) Other 05-03-10:08:50AM; ;1 540 667 3017 # 14/ 21 CONDITIONAL USE PERMIT #03-10 ANIMAL MEDICAL CENTER Staff Report for the Planning Commission Prepared: April 13, 2010 -;;;- Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick Colulty Planning Staff to provide inforrlurtion to the Planning Commission and the Boarrl of Supervisors to assist then in making a decision on thisrequest It may also be useful to others interested in this zoning hatter. Reviewed Action Planning Commission: 05/05/10 Pending Board of Supervisors: 05/26/10 Pending EXECUTIVE SUMMARY: This is to allow for a building expansion and parking associated with the conditions set forth by Conditional Use Permit #06-95. Should the Planning Commission find this modification appropriate, Staff would suggest the following conditions be placed on the CUP: 1. All review agency comments shall be complied with at all times. 2. A monument type business sign not exceeding six feet in height and 20 feet in face area shall be allowed. 3. A six foot opaque fence shall be constructed between the building additions and the parking areas along the north property line. 4. Only animals required to be hospitalized for medical reasons shall be boarded overnight. 5. Animals recovering at the facility will only be permitted in the outside area for brief exercise periods. 6. Total building area shall not excee 12,500 square feet. 7. An engineered site plan shall be submitted and approved by Frederick County. 8. Any expansion or change of use will require a new Conditional Use Permit. F011o{vlilg the requisite public healing, it would be appropriate for the Plminillg Commission to offer a reconlnlen(latlon concerning this al)plicatioll to the Board of Supervisols. 05-03-10;08:50AM; CUP #03-10, Animal Medical Center April 13, 2010 Page 3 ;1 540 667 3017 # 16/ 21 operation of the standpipe system shall not be farther than 50 feet from the standpipe. Distance measurements under this section shall be along center -line roadway surfaces or along surfaces meeting the requirements of a fire lane (designated or undesignated) where appropriate, but in all cases access to each hydrant shall be directly from a roadway and/or fire lane. Frederick County Inspections: Addition shall comply with The 2006 Virginia Uniform Statewide Building Code and Section 304, use group B (Business), of the International Building Code/2006. Other Code that applies to IBC/ANSI A117.1-03 Accessible and Usable Buildings and Facilities. Building is required to be equipped with an accessible route (elevator) to floors exceeding 3,000 sq. ft. per Chap l 1 IBC. New parking area shall meet the handicap parking quantities as required by T1106.1. HC Parking Signage per USBC 1106.8. Accessible route from parking to entrance is required. ANSI 20% rule shall apply for improvements. This type structure shall be subject to special inspections according to Chapter 17 of the IBC (soils, concrete, etc.). Frederick County Sanitation Authority: No comment. PIanning and Zoning: Veterinary offices are a permitted use in the RP (Residential Performance) zoning district with an approved Conditional Use Permit (CUP). This property currently has a Conditional Use Permit (CUP #06-95), approved by the Board of Supervisors on August 9, 1995, for a veterinary hospital. Currently, the building foot print is approximately 3,500 square feet. The applicant is applying for an expansion of Conditional Use Permit 06-95 for a building addition of no more than 12,550 square feet of total building foot print of all of the buildings on the property. A new site plan will be required with this building addition, updating the site to meet the current ordinance requirements, which includes parking. The property is surrounded by RP (Residential Performance) zoned properties and has been in operation for 15 years with no history of complaints or zoning violations. The original conditions of this CUP will be void and new conditions will be assigned to bring the use into conformance with the current ordinance. A copy of the original conditions is included with the staff report. STAFF CONCLUSIONS FOR THE 05/05/10 PLANNING COMMISSION MFFTING: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: 1. All review agency comments shall be complied with at all times. 2. A monument type sign business not exceeding six feet in height and 20 feet in face area shall be allowed. 05-03-10;08:50AM; August 10, 1995 Mr. Bruce E. Welch 1904 Double Church Road Stephens City, Virginia 22655 ;1 540 667 3017 # 18/ 21 COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 7031;678-0682 RE: CUP #006-95 OF BRUCE E. WELCH; P.I.N. 75-A-38 Dear Mr. Welch: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting of August 9, 1995. Your Conditional Use Permit, for a veterinary hospital, has been approved by the Board of Supervisors with the following conditions: 1. A site plan must be submitted and approved. 2. A business sign of the monument type not exceeding 6 feet in height and a maximum of 20 square feet will be allowed. 3. The use shall have a full screen to protect residential areas. Location and extent of the screening to be determined by staff during the site plan process. 4. Any proposed expansion beyond that approved on the original site plan will require a new conditional use permit and a revised site plan. 5. The proposed clinic or hospital must be connected to public sewer and water. 6. Compliance with all review agency comments must be completed prior to beginning operation. 7. Only animals required to be hospitalized for medical reasons shall be allowed to remain on premises overnight. 107 North Kent Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 05-03-10;08:50AM; 12. Additional comments, if any: 1 540 667 3017 741 20/ 211 I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant Signature of Owner Owners' Mailing Address /�O AvX Owners' Telephone No. O / TO BE COMPLETED BY THE ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: 05-03-10;08:50AM: ;1 540 667 3017 # 21/ 21 Special Limited Power of Attorney County of Frederick, Virginia AM l - Planning Office, County of Frederick, VirgW2, 1117 North Kent Street, Winchester, Virginia 22601 pbose 540-665.5651 Fars -He 54"5-6395 Know All Men By These Prrsmts: That I (We) (Name) Bruce Welch & Brian Cather (Phone) (540) 868-1001 (Address) 689 Aylor Road, Stephens City, VA 22655 the owners) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. Deed Book 900, Page 1140 , and is described as Parcel: 75 Lot: A Block-, Section: do hereby make, constitute and appoint: Subdivision: 38 (Na=) GreyWoffe, Inc - Gary R. Oates, LS -B, PE (Phone) 667-2001 (Address) 1073 Redbud Road, Winchester, VA 22603-4757 To act as my true and lawful attorney-in-fact for and in my (oar) naive place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above dcsenbed Property, including: ❑ 1Re7oniog (including proffers) x Conditional Use Permits ❑ Master Development Plan (Prebminary aid Final) K Subdivision x Site Plan My attomcy-in-fact shall have the authority to ofTer proffered conditions and to mal;c amendments to previously approved proffered conditions except as follows: IA - This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. , - - zOd®, State of Virginia, City/County of �-n To -wit a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who is (are) known to me, personally appq4rcd before me and has acknowledged the same fore mein the jurisdiction aforesaid this allay of 2040. My Commission Expirts: MYMMMISSIONEVIRES JANUARY 31,-20 9 Mc,tary Public --- - - GREYWOLFE, INC. � 1073 REDBUD ROAD • WINCHESTER, VA 22603 +—I' (540) 667-2001 9 (540) 545-4001 FAX a GREYWOLFEINC@AOL.COM Frederick County Planning &Development March -31-2010 ;7-71 107 North Kent Street - Winchester, VA 22603 d Attn: Mark Cheran, Zoning Administrator APR 2 2010 Subject: Animal Medical Center �- Mr. Cheran: My clients wish to construct an addition onto their veterinary clinic at 689 Aylor Road. The property is zoned RP and operates under CUP #006-95. This CUP has the following conditions: 1. A site plan must be submitted and approved. 2. A business sign not exceeding 6' in height and a maximum 20 sqft will be allowed. 3. The use shall have a full screen buffer to protect residential areas. Location and extent of the screening shall be determined by staff during site plan process. 4. Any proposed expansion beyond that approved on the original site plan will require a new conditional use permit and a revised site plan. 5. The proposed clinic or hospital must be connected to public water and sewer. 6. Compliance with all review agency comments must be completed prior to beginning operation. 7. Only animals required to be hospitalized for medical reasons shall be allowed to remain on premises overnight. 8. Animals recovering at the facility will only be permitted in outside area for brief exercise periods. My clients have operated in conformance with the conditions of the original permit for 15 years. The business has a successful relationship with the RP neighborhood. They allow their neighbors onto their property to plant gardens, trees, and butterfly bushes. The neighborhood kids are allowed to play in the backyard and the neighbors are allowed to walk their dogs there as well. Now, due to the floor area and rooms required for new examining equipment and a successful practice, my clients need a building addition for their clinic to continue to thrive. Condition #4 requires the clinic to seek a new CUP per section 165-402.03 of the Frederick County Zoning Ordinance. My clients would like to propose the following conditions for the new conditional use permit: 1. A new site plan must be submitted and approved. 2. A monument style business sign not exceeding 6' in height and 6' in width will be allowed. 3. The use shall have a 6' opaque fence constructed between the building, additions, and parking areas along the north property line. 4. Any proposed expansion beyond total combined building footprints of 12,500 sf will require a new conditional use permit and a revised site plan. S. Compliance with all review agency comments to be maintained at all times. 6. Only animals required to be hospitalized for medical reasons shall be allowed to remain on premises overnight. 7. Animals recovering at the facility will only be permitted in outside area for brief exercise periods. In regards to our proposed condition number #2, the properties to the south have a 30' wide drainage easement that consists of a ravine and substantial tree and brush growth for buffering. The properties to the east (rear) are over 150' from any proposed parking area or building, and the property across Aylor Road to the west is zoned B-1. The 12,500 sf building footprint restriction is to account for the residence and various sheds as well as the existing clinic and proposed addition. My clients are discussing the possible size and configurations of the addition; however, until they have an approved CUP, they do not want to enter into the expense of preparing building plans. We feel the 12,500 sf envelope is a good compromise that will accommodate their needs and still give the County control over the development. Thank you, Gary R/Oates, LS -B, PE GreyWolfe, Inc rank R. Lee Soil Consulting 205 Swan Avenue Berryville, VA 22611 540-9155-4283 DPOR Lic.# 204 To: Frederick County Planning Commission Re: Animal Medical Center of Frederick County, Special Use Permit Request Dear Commission Members, I was requested to inspect the drainage pattern and general condition of the property of the Animal Medical Center of Frederick County, located at 681 Aylor Road, in Frederick County, Virginia. On May 4, 2010 I visited the site. At that time I found the property in good order, lawn well mowed and attractively landscaped. There was no evidence of any animal waste on or about the property. No smell was evident on the property. The drainage pattern of the property is such that the only drainage from the property is directed off the property to the west toward Aylor Road and no drainage is directed toward any of the neighboring properties. I have 10 years experience with the Virginia Health Department as both a soil evaluator and Health Inspector involving Environmental Health complains. At this site I found no situation that I would consider a current or potential Health threat or violation under current regulations. Sincerely, F nk R. Lee Licensed Soil Evaluator Oil c� Frank R. Lee t.ic. No. 204 r.� 5/j��clL