Loading...
HomeMy WebLinkAbout03-10 Animal Medical Center Addition & Parking - Shawnee - BackfileCUP TRACKING SHEET OPEN FILE: 0'tt-p --�Po�-Jo File opened Reference Manual updated/number assigned D-base updated Location maps requested from Mapping Dept. Adjoiner list given to Planner Application Action Summary updated Planning Commission Meeting Board of Supervisors Meeting CLOSE FILE: Approval (or denial) letter mailed to applicant, copy to Inspections Dept., copy to file and other cc's File stamped "approved", "denied" or "withdrawn" Reference manual updated D-base updated Application Action Summary updated Sys ID # -3Cv I m 0 m 0 0 E RECEIVED FROM a, N a i C N �E o a a, a N � 0 O N > N jN 4 ' .-1 O +� L � E OAS aJ u on Y � •L _C aJ LLOD cu E Z tD aa) n E o U_ a O- Ln ADDRESS ❑ FOR)(ENT , r ❑FOR (� AMT. OF ACCOUNT CASH ]� N+,' AMT. PAID y4' ]CHECKBALANCE ONEYDUERDER DATE _L lo-246L NO. 3 9 6 3 !;-q7,,Z •cam BY $ BLlo. a • • 8 FILE(OPY COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/665-6395 Dr. Bruce Welch and Dr. Brian Cather PO Box 1117 Stephens City, VA 22655 RE: CUP #03-10 Animal Medical Center Property Identification Number 75-A-38 Dear Dr. Welch and Dr. Cather: This updated letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on May 26, 2010. Conditional Use Permit #03-10 was approved to allow for a building expansion and parking associated with the conditions set forth by Conditional Use Permit #06-95. Conditions associated with the approval of this Conditional Use Permit include the following: 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 matching six foot opaque fence shall be constructed on the north side of the property, between the building additions and the parking areas along the north property line, and the fence shall also be erected along the east side of the property, if desired by the adjoining residents or the applicant. 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 footprint shall not exceed 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. 9. Outside waste shall be picked up daily, weather conditions permitting. 10. The addition shall not exceed 26 feet in height. 11. There shall be no windows on the second story, north side of the addition. If you have any questions regarding this action, please feel free to call this office. Sincerely, eareran Zoning and Subdivision Administrator MRC/bad cc: Gene Fisher, Shawnee Magisterial District Supervisor Lawrence Ambrogi and H. Paige Manuel, Shawnee Magisterial District Commissioners Jane Anderson, Real Estate Commissioner of Revenue John Trenary, Building Official 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 • , O v, 6 9 i Q �,V COU of �E RICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 Dr. Bruce Welch and Dr. Brian Cather PO Box 1117 Stephens City, VA 22655 RE: CUP #03-10 Animal Medical Center Property Identification Number 75-A-38 Dear Dr. Welch and Dr. Cather: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on May 26, 2010. Conditional Use Permit #03-10 was approved to allow for a building expansion and parking associated with the conditions set forth by Conditional Use Permit #06-95. Conditions associated with the approval of this Conditional Use Permit include the following: I . 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 matching six foot opaque fence shall be constructed on the north side of the property, between the building additions and the parking areas along the north property line, and the fence shall also be erected along the east side of the property, if desired by the adjoining residents on the east side. 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 footprint shall not exceed 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. 9. Outside waste shall be picked up daily, weather conditions permitting. 10. The addition shall not exceed 26 feet in height. 11. There shall be no windows on the north side of the addition. If you have any questions regarding this action, please feel free to call this office. Sincerely, ,JrR. Cheran Zoning and Subdivision Administrator MRC/bad cc: Gene Fisher, Shawnee Magisterial District Supervisor Lawrence Ambrogi and H. Paige Manuel, Shawnee Magisterial District Commissioners Jane Anderson, Real Estate Commissioner of Revenue John Trenary, Building Official 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 • • HLE P40PI COUNTY of FREDERICK w Department of Planning and Development ® 540/665-5651 pG1.N/ 1738 FAX: 540/ 665-6395 MEMORANDUM TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: May 16, 2011 The amount of $50.00 was deposited in line item #3-010-019110-0008 for the Animal Medical Center. Animal Medical had a deposit for one sign for a Conditional Use Permit #03-10. The Animal Medical Center has returned the sign and is therefore entitled to the return of the deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $50.00 to: Animal Medical Center P.O. Box 1117 Stephens City, VA 22655 RSA/pd 6�L 51,(PI( 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Personal Property Real Estate Sanitary District Street Light Dec. 5 Second Half Taxes Due Personal Property Real Estate Sanitary District Street Light Dog tags renew upon expiration of rabies certification. Other due dates as billed by the Commissioner of the Revenue's Office. Mailing Address Frederick County Treasurer P.O. Box 225 • Winchester, VA 22604-0225 (540)665-5607 i E-mail Address BOrndoff@co.frederick.va.us Treasurer's Office Hours Monday through Friday 8:30 am to 5:00 pm Extended hours may be offered during peak times, watch for details in local media. rsrrrrrrsrsrrrs�ssssrrrrrrrsssrrrrrrrr FOR VEHICLE LICENSE REGISTRATION ---- I declare that the statement and figures hereon are true, full and correct to the best of my knowledge and belief. T A X R E C E I P T Used 50% for Business Yes RICK COUNTY WILLIAM ORNDOFF, JR Signature . O . BOX 225 • f Signature WINCHESTER VA 22604-0225 SIGN DEPOSITS PLANNING Ticket #:00006370001 Date 4/02/2010 Register: LKH/CALS4 Trans. #: 01731 Dept # 1095 Acct# Previous Balance $ 50.00 Principal Being Paid $ 50.00 Penalty $ .00 Interest $ .00 Amount Paid $ 50.00 *Balance Due $ .00 ll Pd by Check 10800.00 # VARIOUS BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 4/2010 .—.._�_I.y..f .� •-T_r.-.....er .....rY"'T.� .au.KR�v��rs.,:.',e'Ve-,.!? 1,Z'+r:s •_s =a:ai'S_T.:fi��t-�.�C.3--7.'8�..-s"-�—F—','�.1�'--F= :R'�=_ 60001 @@ DATE NO. 3963 ALS 4 0 Ili s �- (��cv rl ��'C1.�_._�� 731 • au.S P ADDRESS Q �` cam~----voELARs $ FOR ENT 00 FOR • ,., . ... ( 00 AMT. OF CASH T Y'? /� 00 ACCOUNT i tYl�, %Sr � r �� 00 AMT. PAID - CHECK (` (� 5ff. 0 .BALANCE MONEY i DUE ORDER y _ O O *$alaiice—Due -� _� _.��._ ..00 Pd by Check 10800.00 # VARIOUS BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 4/2010 CONDITIONAL USE PERMIT 903-10 ANIMAL MEDICAL CENTER w Staff Report for the Board of Supervisors Prepared: May 12, 2010 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 05/05/10 Recommended approval 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. The Planning Commission recommended approval of this application with modifications to the following conditions, which are shown in bold print: 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 matching six foot opaque fence shall be constructed on the north side of the property, between the building additions and the parking areas along the north property line, and the fence shall also be erected along the east side of the property, if desired by the adjoining residents on the east side. 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 footprint shall not exceed 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. 9 9 CUP #03-10, Animal Medical Center May 12, 2010 Page 2 LOCATION: This property is located at 689 Aylor Road (Route 647). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 75-A-38 PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RP (Residential Performance) Land Use: Residential South: RP (Residential Performance) Land Use: Residential East: RP (Residential Performance) Land Use: Residential West: B-1 (Business, Neighborhood) Land Use: Church PROPOSED USE: This application is to allow for a building expansion and parking associated with the conditions set forth by Conditional Use Permit #06-95. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 647, the VDOT facility which would provide access to the property. Existing entrance is adequate for proposed use. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT commercial standards. Frederick County Fire Marshall: Plans are approved with the addition of a fire hydrant to meet County Code 90-4 E (2). In areas developed with single family detached or duplex dwelling units, there shall be a fire hydrant within 400 feet of all units. In areas developed with three to five dwelling units per structure, there shall be a hydrant within 300 feet of all units. In areas developed with six or more dwelling units per structure, there shall be at least two hydrants within 300 feet of all units. In areas developed with industrial or commercial developments, there shall be a hydrant within 300 feet of all portions of any structure. Where one hydrant is dedicated to the operation of a standpipe system, there shall be at least one other hydrant meeting the distance requirements set forth above. The hydrant dedicated to the operation of the CUP #03-10, Animal Medical Center May 12, 2010 Page 3 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 Al17.1-03 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 11 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. Planninjz 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 MEETING: 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. 0 i CUP #03-10, Animal Medical Center May 12, 2010 Page 4 3. A six foot opaque fence shall be constructed between the building additions and the parking areas along the north property line. 4. 1 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 exceed 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. PLANNING COMMISSION SUMMARY AND ACTION OF THE 05/05/10 MEETING: Nine citizens came forward to speak about the proposed addition to the veterinary facility. Three of the nine had concerns and/or were in opposition and six spoke in favor of the facility and the expansion. The three citizens with concerns said the existing structure with the barn -style roof was twice the size of any house in the area and was not visually appealing; they were concerned about the visual impact of increasing its size. There were concerns about animal waste on the north side of the building where the ditch overflows and stormwater runoff was a problem. They also voiced concerns about odors, noise, lighting, stray animals, and disrepair of the existing fence. The six citizens who spoke in favor stated they had not experienced any odors, poor sanitation, or noise; they liked having the facility in the neighborhood because they had pets; adjacent residents said the clinic had been a good neighbor; a few of the citizens had known the veterinarians for a number of years and spoke highly of their character and integrity. One of the co -owners of the clinic, Dr. Bruce E. Welch, DVM, stated that due to advanced technology in veterinary medicine, they are hoping to add a second operating room to conduct ultra -clean procedures and to develop a full rehabilitative therapy department. He did not intend on adding additional staff or veterinarians at this time. Addressing some of the concerns raised, Dr. Welch presented a letter from Frank R. Lee, a licensed soil evaluator and a former Health Department official who determined there was no evidence of a health hazard on the property or any violation under current regulations. Dr. Welch said a staff member is assigned to pick up animal waste on a daily basis. In addition, he was willing to fence not only the north side of the property, but also the east side, and to replace the existing privacy fence which was in disrepair. He did not think the odors, noise, stray animals, or traffic problems were being generated at his facility. CUP #03-10, Animal Medical Center May 12, 2010 Page 5 The Opequon District Commissioner said he visited the site twice because of numerous communications he received from neighbors. His impression was that the facility was one of the best -kept veterinarian clinics he has been around; the lot was extremely well kept; he could not find any animal waste anywhere on the lot; he did not find any evidence of drainage running from the clinic into neighbors' yards; he did not' smell any offensive odors, nor did he hear any noise. He suggested that a matching six-foot opaque fence be constructed along the full north side of the property and along the east side of the property, if the neighbors on that side wanted it. Another Commissioner suggested revised wording on Condition #6 by replacing "building area" with "building footprint." Commissioners also believed that many of the concerns raised could be satisfactorily addressed during the site plan stage. The Planning Commission voted unanimously to recommend approval of CUP #03-10 of the Animal Medical Center with the following conditions: 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 matching six-foot opaque fence shall be constructed on the north side of the property, between the building additions and the parking areas along the north property line, and the fence shall also be erected along the east side of the property, if desired by the adjoining residents on the east side. 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 footprint shall not exceed 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. The unanimous vote was as follows: YES (TO APPROVE): Unger, Ambrogi, Manuel, Crockett, Thomas, Madagan, Kriz, Triplett, Lemieux, Mohn, Wilmot ABSTAIN: Oates, Crosen • ♦ r • I _ 1`.j ` `� ��i well :,l l'`i•II.��••II•`. �pd��d.•\�� ''�\� ,•fib ;11jp;; %•q�.••�;i .��j` ��" 1 AM . ■■■■■ m■■mmm • smonsoons ■■■■■moss■■ so■mo■s■■e■ ss■■■■■■■s mosommooffis smoommom on on sm sse■■ Case Planner: MCheian Future RlJl Bypdis 7 ninR 4w6.11 (P.vrnc4ar �Ivnufvcrmint l>idrMtl J1E (lndunr4l, (:enenl Dislht) •MI(p6eu-\ivnufvreurine Pvrbl Ra IRYnIARn Uiirhtl -_ OWn310 An ,Id d-lCenier (Ritb•r Pdu.vrinn lli+rrMs) • NM I(\Iobik home C'om ky Difhs) Rd(Reyd Ul Plamred (ommmdn IN-1) RP(Reu —i PerCurmvnre lHwrhtl ?�C��C�G - � 1' bvn 14.elopmrnt \m @ (Burin (' I l iu A. ' ; \II IlndualrLC 1 itb� M.Irbtl \U (\Wir.l SUPPurt DInAn) RJ (RevldrnHal R•crevtwnvl (ammunna Di.rrirt) ' .�la� -asiRn•n..r.InaLL.rn.lr ao.n lxer;..1 0 125 250 500 Feet COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/ 678-0682 August 10, 1995 Mr. Bruce E. Welch 1904 Double Church Road Stephens City, Virginia 22655 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 0 • • 0 Page 2 , Mr. Bruce E. Welch August 10, 1995 8. Animals recovering at the facility will only be permitted in outside area for brief exercise periods. If you have any questions regarding your Conditional Use Permit please feel free to call this office. Sincerely, W. Wayn Miller Zoning Administrator WWM/dc cc: Ellen Murphy, Commissioner of Revenue OY-05-2010 06:46 AM • Facsimile TransmdW To: Eric Lawrence -Director Fred. Cty. Planning Commission 665-6395 Mike Ruddy — Deputy Dlr. Fred. Cty. Planning Commission 665-6395 Dana Johnston- Zoning Inspector Fred, Cty. Planning Commission 665-6395 Candice Perklns — Sen. Planner Fred. Cty. Planning Commission 665-6395 John Blshop-Deputy Dlr. Transportation Fred. Cty. Planning Commission 665-6395 Charles S. Dehaven — Frederick Cry. Board of Supervisors The Non. Richard C. Shlckle — Fred. Cty. Board of Supervisors Chris Collins — Fred. Cty. Board of Supervisors Gene Fisher — Fred. Cty. Board of Supervisors Front: Judy K. Laub/The Neighborhood Date: Tuesday, May 04, 2010 RE: Conditional Use Permit #03-1 678-8828 678-4484 667-0134 662-5238 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 was In no way Implying 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 5'h, which I cannot attend. I never thought any of you would assume I was speaking for the company. 1 was not. I hope this clarifies any misunderstandings or misinterpretations that may have been caused. nk you for your time an ' attention to this correspondence. K. La u Mr. Richard Bell Animal Medical Clinic of Stephens City P.01 05-03-10;08:50AM; ;1 540 567 3017 * 1/ 21 THE AI)AMS CO1ViPANIES 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: ❑ Adams -Nelson & Associates, Inc. ❑ Adams -Nelson Management, Inc. ❑ Pegasus Properties, LLC ❑ Adams -Nelson Property Management, Inc. ❑ 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 amm L* Old Town Event Center ` The Fern Adams Building 113 S. L Street Winchester, VA 22601 540-667-2424 • FAX - 540-667-2441 • www.adamscompanies.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 903-1- 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 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 sloganstates: "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?!?! 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, l a o / Obi IA l C%o ` J 05-03-10;08:50AM; / V V /o .- `® / PodV �J lam- O V 4+ V I `�{� V �✓ ' f jG k&1-70 �6 m�G�iZ�cc Pr x V� U ark (Qunjb(� f t �h r 05-03 Animal Medical Center of Frederick County, PC 681 Aylor Road, P.O. 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, D�VM, 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. 05-03-10;08:50AM; ;1 540 667 3017 # 6/ 21 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 obiect 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: 1. 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 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 05-03-10;08:50AM; i Page #3 Mr. Mark R. Cheran April 26, 2010 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, 4s. 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 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 5401665-6395 NOTIFICATION OF PUBLIC HEARING April 23, 2010 . " i7(- TO: THE APPLICANTS) AND/OR ADJODM4G PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION 403-10 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 903-10 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 406-95. 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.frederickeountVa.gov. Sincerely, kR. Cheran Zoning Administrator MR.C/bad 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 05-03-10:08:50AM: Renfo Property Inforr&ion 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 Tax Amount 0.00 Owner Information 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 Building Information. Bldg Sq Ft 3,250 Bsmt Sq Ft Bsmt Fin SF Basement SLAB Foundation CONC Walls Ex / In VINL / DRWL Stories 1 Units Air Cond Y Garage / # Fireplace Carport / # Flue Heat FHA Roof Type GAMB Fuel GAS Roof Matt 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. i. y Xy Rom• rt'" -' y4 � R'M �.:�+ a� Ilw7�AeN`�D'q R u�r3c'N�r�+'"i' %'' ✓ ' � � `. ` F - �.r i/ f� y' Y. i� z u I is • a°. 'Ih7\ I �1tx t ti* r_ If I +h ' 1�i • 1 ' - 40 L - Y / fie' �`i *•l �i 1ygQP� d � M BC 6 BW ENTERPRISESILLG •' t y Q` r ( I46- 91 1 +. ,# � SINE`UlA•A' _'„ 4' . ��,��" .� �.�" *_fT4B 31 5 COMBS ONAR Q Nr �A6 Okr. ' t - " 'T Conditional Use Permit U<?°y Application # 03 - 10 p VI E Animal Medical Addition 1° WCenter & Parking PIN: 75 - A - 38 Current Zoning T4B 3'1 .3 KING SMEN D � '� • fir. , x `fi 'eck �� • � Caw PIntwer: MChcmn .� Frl—MIT 0Fpttf F}I O?Ilallr,•?bnf.n.Mt hl\I �'' R1(R�nl,lrn lN.rrN) r%ree''�l��et O CVI`0110JeiruFhaedGnler .�yc� III II4L..�Mlylrw.rlr.J q.IM) • DIE(I4eN M.:6, IM.IM1r) DIM11111 \y1Y 11•ne C•nn.nY DNrMI r�SS3Aw 1 ) r�r MI IMrNrrdW FY.wA Iw-r.Wr�ddM) I(r(IInYe.Wl�rr!•m•�DYrM) �-�Iw4�IMr}Mrw:.\rrs �_J ID (I4dn\(wrf•1 nl.:ndl �?II (Ind...Yl lldl MdrNl •?Iw l\YIkN WFpn lWdrin) • KI (IW1.�IW Nm.nL:u1C��.Ll IWIM) N �A\\R\ _ IV Il4dnr.�1,1•.rn.ITn..u4. d+Ml w I• 0 I 126 250 500 Feet 1 05-03-10:08 Chairman At-Wrge Richard C. Shickle 292 Green Spring Road Winchester, VA 22603 (540) 667-2264 fax (540) 678-4484 office (540) 545-7312 Email Richard Kichard 5hickle 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;08:50AM; - ;1 540 867 3017 # 13/ 21 opgggttiis= a e== 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) 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: cK CONDITIONAL USE PERMIT #03-10 o0 ANIMAL MEDICAL CENTER Staff Report for the Planning Commission Prepared: April I3, 20I0 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick Comity Planning Staff to provide biformation to the Planning Commission- and the Boarrl of Supervisors to assist them in snaking a decision on this request. It nary also be useful to others interested in this zoning matter. 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 406-95. 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 inonuriient 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 steal l be submitted and approved by Frederick County. 8. Any expansion or change of use will require a new Conditional Use Permit. Follbiving the requisite public hearing, it nvould be appropriate for the Planning Commission to offer a recomrrtentlation concerning this application to the Boarrl of Supervisors. 0 0 CUP #03-10, Animal Medical Center Apri 113, 2010 Page 2 LOCATION: This property is located at 689 Aylor Road (Route 647). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 75-A-38 PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RP (Residential Performance) Land Use: Residential South: RP (Residential Performance) Land Use: Residential East: RP (Residential Performance) Land Use: Residential West: B-1 (Business, Neighborhood) Land Use: Church PROPOSED USE: This application is to allow for a building expansion and parking associated with the conditions set forth by Conditional Use Permit #06-95. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 647, the VDOT facility which would provide access to the property. Existing entrance is adequate for proposed use. I3owever, should use ever expand in the future, the entrance may have to be upgraded to VDOT commercial standards. Frederick County Fire Marshall: Plans are approved with the addition of a fire hydrant to meet County Code 90-4 E (2). In areas developed with single family detached or duplex dwelling units, there shall be a fire hydrant within 400 feet of all units. In areas developed with three to five dwelling units per structure, there shall be a hydrant within 300 feet of all units. In areas developed with six or more dwelling units per structure, there shall be a t least two hydrants within 300 feet of all units. In areas developed with industrial or conunercial developments, there shall be a hydrant within 300 feet of all portions of any structure. Where one hydrant is dedicated to the operation of a standpipe system, there shall be at least one other hydrant meeting the distance requirements set forth above. The hydrant dedicated to the 05-03-10;08:50AM; ;1 540 667 3017 # 16/ 21 CUP #03-10, Animal Medical Center April 13, 2010 Page 3 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 fie 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 Al 17.1-03 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 11 IBC. New parking area shall meet the handicap parking quantities as required by TI 106.1. 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. Mannina 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 406-95), 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 MEETING: 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. • 9 CUP #03-10, Animal Medical Center April 13, 2010 Page 4 3. A six foot opaque fence shall be constructed between the building additions and the barking 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 exceed 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. Following the requisite public hew-ing, it would be appropriate for the Planning Commission to offer a reconnmentlation concerning this application to the Board of Supervisors. 05-03-10;08:50AM; i COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703; 678-0682 August 10, 1995 Mr. Bruce E. Welch 1904 Double Church Road Stephens City, Virginia 22655 RE: CUP #006-95 OF BRUCE E. WELCM 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 E Page 2 Mr. Bruce E. Welch August 10, 1995 8. Animals recovering at the facility will only be permitted in outside area for brief exercise periods. If you have any questions regarding your Conditional Use Permit please feel free to call this office. Sincerely, W. Wayn Miller Zoning Administrator WWM/dc cc: Ellen Murphy, Commissioner of Revenue i 05-03-10;08:50AM; ;1 540 667 3017 It 20/ 21 12. Additional comments, if any: 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 f c Signature of Owner /fr.-• Owners' Mailing Address /00 % / / 'r/W 'I Owners' Telephone No. - 5'-Yo E-6 0 C% / TO BE COMPLETED BY THE ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: OS-03-10;08:50AM; 0 Special Limited Power of Attorney: County of Frederick, Virginia' AF'H Ptanoiag O€iiee, Comity, of Frwkrki4 Virginia,167 North Kent Street, Wiacbester, Virginia 22601 Pb out 54"5-M5I Fxcsiuile S4#465-6395 Know All Men By These Presents That i (We) (Name) Bruce Welch & Brian Cather (Phone) (540) 868-1001 7. 2010 (Address) 689 Aylor Road, Stephens City, VA 22655 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed rocorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instr un nt No. Deed Book 900, Page 1140 , and is described as Parcel: 75 Lot: A Block Section do hereby make, constitute and appoint: Subdivision: 38 (Name) GreyWolfe, Inc - Gary R. Oates, LS-B, PE (phonr 667-2001 (A) 1073 Redbud Road, Winchester, VA 22603-4757 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above descnbed Property, including: ❑ Rezoning ()[*eluding proffers) 0 Conditional Use Permits ❑ Master Development P190 (Prebmioary aad Final) ]a Site Plan My attomcy-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. , _ - -In witness thereof, i State of Virginia, City/County of I, �tiI ram` , 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 rnc� personally appq4r,cd hcfocr me ' and has acknowledged the same fore me in the jurisdiction aforesaid this Q-1 of ` 2010 . MYMMMISSIONEV.1RES JA UARY 31401 My Commission Expires: _-- _-- Ngwry Public Submittal Deadline `/N/o P/C Meeting o BOS Meeting 40 APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the x owner other) NAME: Dr. Bruce Welch and Dr. Brian Cather ADDRESS: P.O. Box 1117, Stephens City, VA, 22655 TELEPHONE: (540) 868-1001 2. Please list all owners, occupants, or parties in interest of the property: Dr. Bruce Welch and Dr. Brian Cather. members BC & BW Enterprises, LLC 3. The property is located at: (please give exact directions and include the route number of your road or street) 689 Aylor Road Stephens City. VA 22655 4. The property has a road frontage of +/- 212' feet and a depth of +/- 480' feet and consists of 2.298 acres. (Please be exact) 5. The property is owned by BC & BW Enterprises, LLC as evidenced by deed from Dr. Bruce Welch recorded (previous owner) in deed book no. 900 on page 1140 , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. Tax (Parcel) Identification No. (P.I.N.) 75-(A)-38 Magisterial District Shawnee Current Zoning RP - �� APR 2 2010 7. Adjoining Property: USE ZONING North Residential RP East Residential RP South Residential RP West Church B-1 8. The type of use proposed is (consult with the Planning Dept. before completing) Property has an existing CUP #006-95 allowing Veterinary Hospital. An addition is desired that will require additional parking, condition #4 of the existing CUP requires any expansion to apply for a new CUP and provide a new site plan. 9. It is proposed that the following buildings will be constructed: An addition onto the rear of the existing building and additional parking, 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: NAME Lila Sine PROPERTY ID#74B-3-1-1 NAME Nate Battaglia PROPERTY ID#74B-3-1-2 ADDRESS 101 Frederick Rd, Stephens City, VA 22655 ADDRESS 103 Frederick Rd, Stephens City, VA 22655 NAME Steven King ADDRESS 105 Frederick Rd, Stephens City, VA 22655 PROPERTY ID#74B-3-1-3 NAME Larry D. & Ann L. Flessner ADDRESS 107 Frederick Rd, Stephens City, VA 22655 PROPERTY ID#74B-3-1-4 NAME Abundant Life Church ADDRESS 700 Aylor Rd, Stephens City, VA 22655 PROPERTY ID# 75-A-37 NAME Sheila Jennelle ADDRESS 100 Westmoreland Dr., Stephens City, VA 22655 PROPERTY ID#75E-1-3-1 NAME Thelma Newlin PROPERTY ID#75E-1-3-2 NAME Paul J. Goode PROPERTY ID#75E-1-3-3 NAME John R. Laub PROPERTY ID#75E-1-3-4 NAME Lawrence Compher PROPERTY ID#75E-1-3-5 NAME Wanda & Jacob Ricker PROPERTY ID#75E-1-3-6 NAME Harold & Etrulia Burdette PROPERTY ID#75E-1-3-7 NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# ADDRESS 102 Westmoreland Dr., Stephens City, VA 22655 ADDRESS 137 Accomack Circle, Stephens City, VA 22655 ADDRESS 106 Westmoreland Dr., Stephens City, VA 22655 ADDRESS 108 Westmoreland Dr., Stephens City, VA 22655 ADDRESS 204 Accomack Circle., Stephens City, VA 22655 ADDRESS 206 Accomack Circle, Stephens City, VA 22655 ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS 1 i11 -li- -T -- _-x x _x x II 11 I�i I f� I x x --x --- 12. Additional comments, if any: 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 c' Signature of Owner Owners' Mailing Address 40 7 Owners' Telephone No. .�YL E--b TO BE COMPLETED BY THE ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: Special Limited Power of County of Frederick, Virginia Planning Office, County of Frederic Virginia,167 North Kent Street, Winchester. Phone 540-465-501 F'irainile 54Cbf5-6395 Know All Men By These Presents: That I (We) t I APR Ii is 2 2010 Vrrginia 22"1 y (Name) Bruce Welch & Brian Cather (phone) (540) 868-1001 (Address) 689 Aylor Road, Stephens City, VA 22655 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's twice 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- Sectiom: Subdivision: 38 do hereby make, constitute and appoint: (Name) GreyWolfe, Inc - Gary R. Oates, LS-B, PE (phone) 667-2001 (Addm—s) 1073 Redbud Road, Winchester, VA 22603-4757 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: ❑ Rezoning (Including proffers) 10 Conditional Use Permits ❑ Master Development Plan (Preliminary and )rival) H Subdivision Z Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffcrcd conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (wc) have hereto set my (our) h d scat this � day of cf) 2040, Signature(s) /6'��i✓�`� State of Virginia, City/County of Arojer, C c- , To -wit: 1, :Ain l A —(IC , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who is (are) {mown to me, personally appt before me and has acknowledged the same fore me in the jurisdiction aforesaid this I'2lay of 204 C9 . n My commission Expires: W COMMISSION.EXPIRES.JANUARY 31, _-- _ - �,�, Ndiary Public C;, f GREYWOLFE, INC. 1073 REDBUD ROAD • WINCHESTER, VA 22603 (540) 667-2001 • (540) 545-4001 FAX GREYWOLFEINC@AOL.COM Frederick County Planning & Development 107 North Kent Street Winchester, VA 22603 Attn: Mark Cheran, Zoning Administrator Subject: Animal Medical Center Mr. Cheran: Marc . -3=I, 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 sgft 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. 5. 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, GaryR/Oates, LS-B, PE GreyWolfe, Inc r rank R. Lee Soil Consulting 205 Swan Avenue Berryville, VA 22611 540-955-4283 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 o '�p V Frank R. Lee � Lic. No. 204 �O4 } dNSTI'F. SD r17 WESTMORELAND DRIVE _ w ; a 1 D '-```Yi �------•---------------------------------- C O O f a I 1 1 d t ; `r ` ,` I I I i ► � v o ry 1 GARDEN 1 11 1 th v N o t 1 l l '• 1; I I I ll 7 1)-(3) 4 ��C3 i 1 C PHER � � t I'E] D 1 108 WES ORELAND I 75E-(I)-(3)-1 ' 75E-(1)-(3)-2 ' 75E-(1)-(3)-3 ' 75E-(1)-(3)-4 JENNELLE I NEWLIN I GOODE I LAUB 1 t } , 100 WESTMORELAND I 102 WESTMORELAND 1 104 WESTMORELAND 1 106 WESTMORELAND -------- � t ` Ae � 41} 1 1- 1t1 75-(A)-37 ABUNDANT LIFE CHURCH 111 1 tl jk 1 �►i � tii Il tl I've 1 1 60, O' 60, ; GRAPHIC SCALE 1 N', ;�� �F� t �x SCALE—- .` t , 3315 sf i 665 sf r , r rK 75-(A)-38', y j, ZONED: R� 1► USE: VETERINARY & ♦ I j S-FAMILYRES. <:. \ ♦♦ I ; C.U.P. #06-95 AREA = 2.299ACRES - `;� j ' f 1 FLOW ARROWS ♦ i r ��IN4 ` { { I � ' ' x GFDI{' 1 7 / / V ' t t 1 y -, 1 , —X--X—X—X-X--X—X—X— ! =---�-- -—"—___-_ =--___ _� _ _=- -- -===---_____=_ == 748-(1)-(3)-1 I 74B-(1)-(3)-2 I 74B-(1)-(3)-3 I 1 SIN 1 BATTAGLIA I KING 1 I 101 FRE i 103 FREDERICK i 105 FREDERICK !1 I 1 I I 1 FREDERICK ROAD j W I Q 75E-(1)- 3)-6 ! RICKI R I Q 204 ACC MACK � 1 I 0 1 Q 1 ' 1 I 1 Il I 1 75E-(1 -(3)-7 I 1 BUR E 206 AC OM 1 I ' ' I I I i it Ii I 748-(1)-(3)-4 FLESSNER I j 107 FREDERICK i f I 1 I 1 ' I 1 1 1 - J I DATE: MAY 4, 2010 SCALE: 1' = 60' FILE NO. 0262 SHEET 1 OF 1 --'1 f , i t ltl , ! i I I t 1 , 1 , l , ,t t A, tl , - I 11 , II 111 ' 11 70 ll] 75-(A)-37 ABUNDANT LIFE CHURCH i it ] ]�] 1 1 it 1 11t 11 lil 1 I 60, 0' 60' ; GRAPHIC SCALE �\ Q o0 WESTMORELAND DRIVE ( ! e '---------T--------•�------------- i----------- --------- --�` U h pp 1 1 p { \ O C, i C e GARDEN a u 75E-(I)-(3)-5 i o I COMPHER cz , 108 WESTMORELAND / ' 75E-(I)-(3)-1 ' 75E-(1)-(3)-2 ' 75E-(1)-(3)-3 I ( ' 75E-(1)-(3)-4 +' I ' JENNELLE I NEWLIN I GOODE I LAUB 100 WESTMORELAND 102 WESTMOREbI ND 104 WESTMORELAND 106 WESTMORELAND 1 1 1 r— — — ,,..—_ -- —— —_ -- �..--------------- ..� i t .33155F *�5 8'x16'Covered Entry Way + e - 12.0' 66' ' • t 1� 1 - I 1 I ! 1800 sf , 1 665 sf I ( 1 A. 75E-(1)-(3)-6 I v �, \ ! Q RICKER ► 204 ACCOMACK 1 1 �' SF IZ70N \'1 I ' ``' 1 17 1 3 f75; 1' + I f W I I v 9 75-(A)=38 ZONED: 0(; tj I 1 USE: VETERINAY��'�i I S-FAMIL Y RES, I; ( I � q1j C.U.P. #0695 v r` 1 75E-(1)-(3)-7 1 AREA = 2.2199 ACRES I ( J I BURDETTE I 1 I 206 ACCOMACK i 870 sf t I --- '�---�--"- — — ------------ =_ —-------- ---- - ------ ------------ - ---- — --- _ I I Lj 74B-(1)-(3)-1 I 74B-(1)-(3)-2 I 74B-(1)-(3)-3 I 74B-(1)-(3)-4 SINE, 1 BATTAGLIA 1 KING I 1 ( FLESSNER 1 101 FREDERICK i 103 FREDERICK i 105 FREDERICK ) i I 107 FREDERICK I ( ,1 I I FREDERICK ROAD i DATE: MAY 4, 2010 SCALE: 1" = 60' FILE NO. 0262 SHEET 1 OF 1 CUP #03- 10 Animal Medical Center 7. An engineered site plan shall be submitted and approved by Frederick County. 8. An expansion or change of use will require a new Conditional Use Permit. Approval of CUP #03-10 will void CUP #06-95. �iy t// rw S D� A)Q j,�� ,vo r Mark Cheran From: GreyWolfelnc@aol.com Sent: Tuesday, May 04, 2010 4:06 PM To: june.wilmot@verizon.net; roger. l.thomas@usace.army. mil; acskcrosen@ntelos.net; gregunger@yahoo.com; gkriz@visuallink.com; bmadagan@gmail.com; cmohn71 @yahoo.com; plemieux@visuallink.com; clambrogi@aol.com; scrockett@vit.org; chris@collins4redbud.com; Mark Cheran Subject: Animal Medical Center Attachments: AMC-Addition.pdf; AMC-Drainage.pdf Attached are two files. The first drawing shows the drainage patterns. As you will notice, the area where pets may "do their business" around the clinic and parking drain through a swale to a drop inlet near Westmoreland and Aylor, not onto the neighbors. The second drawing shows the parking and building addition proposed for the CUP. The exact dimensions, number of spaces, and footprint may differ slightly with final design and site plan review, but this is very close. Please call me at 667-2001 or write if you have any questions. Since the clinic is my client, I will not be able to present the application or answer questions during the meeting. As far as the feces from the pets the neighbors have concerns about, the employees in the clinic take turns at "pooper- scooper" duty at the end of each day to keep the place clean. This has been done since the practice opened in 1998. The condition concerning a 12,500 sf limitation on the site is NOT the size of the addition. There is a house, garage, barn, clinic, and addition, and their total combined footprint shall not exceed 12,500 sf. Thank you, Gary R. Oates, LS-B, PE, RE GreyWolfe, Inc. 1073 Redbud Road Winchester, VA 22603-4757 (540) 667-2001 (540) 545-4001 fax Mark Cheran From: Eric Lawrence Sent: Monday, May 03, 2010 5:25 PM To: Mark Cheran Cc: John Bishop Subject: Animal Hospital CUP MC- I spoke with June about the Animal Hospital CUP on Wednesday's PC agenda. You ought to be prepared to address a few items: 1) Clarify the existing use on the property. Page 2 of staff report states that the use of the property is residential. Should clarify that it's an existing animal hospital and a single family residence 2) Get the applicant's submitted drawing to not only include a rough building addition but also the relocated parking lot. Based on current parking overflow experienced on site, I'd suggest that this relocated parking area needs between 10 and 15 parking spaces. 3) Should be prepared to identify those adjacent properties that were purchased after the CUP was issued in 1995, and those purchased after the hospital was constructed in 1998. 4) Clarify condition #6 to state that the maximum building area includes "all structural area on the parcel", not solely the hospital building. This appears to be so stated in the staff report. You'd better know whether the existing residence and its garage/storage building is included in the total building area statement — clarify the condition as appropriate. 5) Clarify how large the existing hospital building is, and what its total area is requested. Thanks Mark Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540-665-5651 540-665-6395 (fax) elawrenc aaco.frederick.va.us www.FrederickCountvVa.gov/Planning www.FrederickCountyVa.gov Mark Cheran From: John Laub Dohn[aub23@yahoo.com] Sent: Saturday, May 01, 2010 6:50 PM To: eawrence@co.frederick.va.us; Mark Cheran Subject: Conditional Use Permit #03-1-For Animal Medical Clinic Attachments: Neighborhood Opposition to Vet Expansion.pdf Mr. Lawrence & Mr. Cheran: We had a neighborhood meeting today, Saturday, May 1 st with Mr. Bill Ewing of the Frederick County Board of Supervisors. He walked the above property and stated that we should send our letter of opposition to you. Mr. Cheran you should already have our objection letter that my wife and I sent to you last week opposing the expansion and stating our reasons why. The vets are in violation of their Conditional Use Permit now by allowing run-off so smelly that two of the homes on our street cannot use their back yards. Unless there are consequences tied to their permit they will do nothing. They are not good neighbors and have not talked to anyone except one neighbor in our entire neighborhood. They have attemped to buy out one of our neighbors so they can put in another road between two homes onto Westmoreland Drive! These people are not to be trusted! Their word means nothing. Attached is a letter of opposition signed by our entire neighborhood. WE OPPOSE THIS EXPANSION AND FEEL THE CURRENT PERMIT IS IN VIOLATION! Most of our neighborhood consists of widows and elderly. YOUMUST stand up for their rights. If you don't, who is? Thank you, John & Judy Laub • Mark Cheran • From: jkgore@wildblue.net Sent: Thursday, April 29, 2010 6:28 AM To: Mark Cheran Subject: Public hearing re: Animal Medical Center "This message was sent via the website email form." Sender: Kim Gore of Gore's Processing, Inc Email: ikgore(a@wildblue.net IP address: 75.104.143.19 Date: 4/29/2010 6:27:37 AM CC: Message: Mr. Cheran, My name is Kim Gore and with my family, run Gore's Processing, Inc. in Stephens City area, I am writing to give our support to the Animal Medical Center's expansion project. We have lived and worked in this community all of our lives and have seen many changes, as a business owner we understand the need to expand with the growing area. The AMC has been a great asset to this area with it's expertise and accessability, the business has always been one of the highest recommended vet offices in this whole region and for them to be able to offer even more services is something all of us with pets are excited about. The business itself is one of the cleanest and more attractive businesses in this area. We as citizens and fellow business owners highly suuport their expansion and wish them all the best. Thank you for your time and if we can be of any help to them in their pursuit of this endevor please contact us. Sincerely, Kim Gore 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 obiect 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: 1. 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 enj oy 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 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 mein ories 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 Page #3 Mr, Mark R. Cheran April 26, 2010 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 bey- 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, y M s. Judy . Laub 06 Westmoreland Drive Stephens City, VA 22655 540-869-9016 - Home 540-667-2424 - Work jkl Enclosures. cc: Frederick County Board of Supervisors To: Frederick County Dept. of Planning 107 North Kent Street Suite 202 Winchester, VA 22601-5000 April 29, 2010 To Whom It May Concern: I am a resident living beside Animal Medical Center of Frederick County in Stephens City. They have always provided excellent care for our family pets in a clean, professional environment. Please accept my support for the proposed expansion of Animal Medical Center. Sincy, Derek Fox 689 Aylor Road Stephens City, VA 22655 MAY 3 2010 r. ,, T To: Frederick County Dept. of Planning and Development 107 North Kent Street Suite 202 Winchester, VA 22601-5000 April 28, 2010 To Whom It May Concern: I am a resident living beside Animal Medical Center of Frederick County in Stephens City. I have personally discussed the proposed expansion of the animal hospital. It will provide this area of the county with unmatched veterinary care and technology in this region. This facility has always remained clean and sanitary in my observations. Our community would greatly benefit from the expanded services AMC would provide. Please accept my support for the proposed expansion of Animal Medical Center. Sincerely, George M. Nethers, J . 689 Aylor Road Stephens City, VA 22655 T a APR 2 9 2010 • LI Kevin R. Shanabrook, M.D. 155 Catalpa Road Winchester, VA 22603 Mark R. Cheran Zoning Administrator County of Frederick Department of Planning and Development April 27, 2010 Mr. Cheran, I write on behalf of Dr. Bruce Welch and Associates regarding the proposed expansion of their facility, Animal Medical Center. I have known Dr. Welch personally and professionally for a number of years. My animals have been cared for at their medical center regularly, both for scheduled appointments and emergencies. I am always impressed with the level of care provided for their patients and the meticulous maintenance of their facility both inside and outside. Bruce has proven himself an invaluable friend and neighbor, whether it is his service to development of a local private school or plowing drives of adjacent homes to his business. Dr. Welch works tirelessly on behalf of others on a regular basis. He is a great asset to this community. Further, Bruce has shown himself to be a steward of the environment. I support the planned building expansion of the Animal Medical Center without reservation. If you have any questions regarding specifics please feel free to contact me at any time. I can be reached at home at (540) 723-8967, by cell phone at (540) 535-9380 or online at thirdpiia@wildblue.net Sincerely, Kevin R. Shanabrook, M.D. i MAY 3 2010 . �` .�Y �E. LG j: YWUD ., et tcchn c Rt) G. �n itr�I ta�tl I iter I� 1±,nvironn 'an t#1 1 May 25, 2010 Via facsimile — (540) 868-1011 Dr. Bruce Welch, DVM Animal Medical Center 681 Aylor Road Stephens City, Virginia 22655 ECS Project No. 9715 Reference: Report of Limited Air Quality Assessment Services 681 Aylor Road Stephens City, Virginia Dear Dr. Welch: ECS Mid -Atlantic, LLC (ECS) is pleased to present this letter report for the referenced project. The following describes the findings of our limited sampling and laboratory analysis for the project. Proiect Information and Scope of Services The subject site is a veterinary center located in Stephens City, Virginia. ECS understands that expansions are planned to the facility; however, there have been concerns expressed by adjoining neighbors regarding perceived odors from animal feces and urine and that the Frederick County Board of Supervisors has indicated that these concerns must be addressed. As such, you requested that ECS conduct a visual assessment of the outdoor grounds and collect air samples for Ammonia (urine component) and Hydrogen Sulfide (fecal component). On May 7, 2010, Mr. Eric Mercer and Mr. John Tevalt, ECS, collected four sample sets from the project area. Each sample set consisted of one (1) sample for Ammonia and one (1) for Hydrogen Sulfide. Samples were collected at a height of approximately three (3) feet as indicated in the attached sample location diagram. Sampling duration was approximately eight (8) hours at a calibrated flow rate in accordance with methodology recommendations. Following collection, the samples were chilled and submitted to LA Testing (a division of EMSL Analytical) in Los Alamitos, California for analysis of Ammonia via NIOSH Method 6016M and OSHA Method 1008M for Hydrogen Sulfide. 'I'66 windy;iI 11'L.ane,,Winchesier, "VA 22602 0. (5.40) 6674750 .F tx-(540)"657-3730. a www.ecslimited.coi r}lx'ti tlhttlallaliimOre,NID-v6rritilly,\A-Char3nitesvtFn,Y�i�lreciic�iIl)�1`ir�irtc3.sL�}irk+;.V�++}�thi�assxs,l'i"U��n�r.Crty`l(f1:�yzttmand;V1." • AMC Limited Air Quality Testing ECS Project No. 9715 Results Visual Assessment May 25, 2010 The weather at the time of our services was partly cloudy with temperatures ranging from a morning low of approximately 62T to an afternoon high of 77T. ECS did not observe significant discoloration or stressed vegetative ground cover during our assessment, as typically observed from repeated contact with urine. Two fecal deposits were observed in the rear yard of the facility near the adjoining privacy fence. Laboratory Analytical Results The laboratory results are presented as an attachment and summarized in the following table: Background Perimeter Perimeter Near Perimeter Feces Odor Sample 01 02 03 04 05 06 07 08 Threshol d Ammonia <0.15 N/A <0.15 N/A <0.15 N/A <0.15 N/A 5 ppm (ppm) Hydrogen N/A <0.23 N/A <0.23 N/A <0.23 N/A <0.23 0.0005 Sulfide (ppm) ppm <# - Laboratory Detection Limit for the specific method. Survey Limitations The following conditions and exclusions apply to the referenced scope of work: Analytical results are limited to measurements made during the site visit. As such, the results are indicative only of conditions existing within the sampling area at the time of the assessment. Air monitoring results presented in the report are considered "point -in - time" samples and should not be considered to apply under all conditions. The results of this assessment and our recommendations are not intended to diagnose or prevent illnesses. Odor assessments are inherently limited as the odor threshold of a substance is oftentimes less than standard analytical detection limits. As such, odors for tested components may be perceived even if analytical results do not indicate detectable concentrations. In addition, other odiferous compounds may be present that were not included in the analytical profile. Conclusions Based on laboratory analytical results, none of the reported concentrations were greater than the laboratory reporting limit and therefore did not show concentrations that were elevated as compared to the samples collected as background from the surrounding area. Also, ECS did not document significant observations of urine or fecal matter. Page 2 0 • AMC Limited Air Quality Testing ECS Project No. 9715 May 25, 2010 Please note that although analytical results did not indicate elevated concentrations of the tested compounds, odor is typically a subjective concern. Therefore, ECS would recommend continuing the routine disposal of excrement from the grounds In addition to laboratory analytical results, ECS has included a letter entitled Air Quality Testing Clarification, which was previously issued in response to questions from the Frederick County Board of Supervisors regarding the proposed sampling protocol. Closing It has been a pleasure serving you on this project. If you should have questions concerning this letter or the attachments, please do not hesitate to contact our office. Respectfully submitted, ECS MID -ATLANTIC. LLC John E. Tevalf, C Eric A. Mercer, CIE ``Senior Environmental; Specialist: Manager, Environmenfa 'ervices Attachment: Laboratory Analytical Results Air Quality Testing Clarification Page 3 0 LA Testing 10772 Noel Street, Los Alamitos, CA 90720 Order ID: 331005599 ,jA TESTAYG Attn: E. Mercer ECS Mid -Atlantic Customer ID: 32MISC-ACC 166 Windy Hill Lane Customer PO: Winchester Va 22602 Date Received: 05/11/10 Fax: LA Testing Order: 331005599 Phone: E-mail: Project: Report Date: 05/24/10 Date Analyzed: 05/21/10 AMMONIA via NIOSH 6016M, Issue 1 May 15 1996 (SKC 226-10-06) LA Testing Sample ID Sample ID Air Volume (L) Test ug/tube ppm Reporting Limit 0001 01 87.8 Ammonia <9.5 <0.15 9.5 ug 0002 03 88.6 Ammonia <9.5 <0.15 9.5 ug 0003 05 81.6 Ammonia <9.5 <0.15 9.5 ug 0004 07 86.6 Ammonia <9.5 <0.16 9.5 ug Values reported are not blank corrected. This report relates only to the samples reported above. QC for this report was acceptable. This report may not be reproduced except in full, without written approval of LA Testing. Tube backs were all analyzed separately. Samples received in acceptable condition. JSL Analyst ISAWhael Chapman, IH nit er Or other app oved signatory AIHA Accredited - Laboratory ID #101650 Page 1 of I Page of LABORATORY SUBMITTAL 'jA # 3 3 1 0 0 5 5 9 Q.,.A. TESTING LOS ALAMITOS rEsrrN� Submitter Name: ,�A6_LCb2_ Date: Report to the attention of: r Company. CCS ,,•alp _�� PO No.: Address: f (Q(� WIA_)0 City: State: Vie Zip: z21,oea2__ Billing address (if different): Phone No: FAX No.: Email:�i��M� Industrial Hygiene: M Routine 11working RUSH (surcharges apply)- 24 hour❑, 2 day ❑. 3 day ❑, 5 day ❑ Lead/Asbestos: RoutineRUSH (surcharges apply)- 3 hour a 6 hour ❑, 1 day ❑, Other ❑ Microbiological Non-culturable Fungi Routine 1RUSH (surcharges apply)- 24 hour❑, 2 day ❑, 3 day 0, 5 day ❑ Cultured Fungi: O Routine RUSH - Call lab for availability Lab No. Sample No. Media/Sample Matrix Air Vol/Area Analyses Requested 9 1— , uL�iDr A40,'i"7- _ o zz,Z1-=/�Y/y, 0 L- 14, 5 c.f-rot-:-� CO - Notes: Relin uishe Received b Relinquished by: Received by: Date: Time: Relinquished b)� Received bv: Date: Time: 10772 Noel Street, Los Alamitos, CA 90720 800 755 1794 FAX 714 828 4944 email losalamitoslab@latesting.com u LA Testing 10772 Noel Street, Los Alamitos, CA 90720 Attn: Fax: Phone: E-mail: Project: Report Date: Order ID: 331005615 E. Mercer ECS Mid -Atlantic Customer ID: 32MISC-ACC 166 Windy Hill Lane Customer PO: Winchester, Va 22602 Date Received: 05/20/10 LA Testing Order: 331005615 Emercer@ECSlimited.com 05/21/10 Date Analyzed: 05/20/10 HYDROGEN SULFIDE via OSHA 1008M, September 2009 (SKC 226-177) 1TESTING LA Testing Sample 1D Sample ID Air Volume (L) Test u >� tube Ppm Reporting Limit 0001 02 21.9 Hydrogen Sulfide <7.1 <0.23 7.1 ug 0002 04 22.2 Hydrogen Sulfide <7. I <0,23 7.1 ug 0003 06 21.9 Hydrogen Sulfide <7.1 <0.23 7.1 ug 0004 08 21.7 Hydrogen Sulfide <7.1 <0.24 7.1 ug Values are blank corrected. This report relates only to the samples reported above. This report may not be reproduced except in full, without written approval of LA Testing. Samples received in acceptable condition. Tube backs were all analyzed separately. JSL Analyst cl ael Chapmai , IH Unit adcr Or other appro ed .signatory AMA Accredited - Laboratory ID #101650 Page I of I • 0 Page of #331 0056 15 LABORATORY SUBMITTAL L.A. TESTING LOS ALAMITOS 4-J'A TESTING Submitter Name: C Q-- Date: Report to the attention of: Ae' Qcc/Z— Company: ECS PO No.: Address: LI.CU A;00- 1fiw� City: t�)UVCI State: VA Zip: 2,2-602- Billing address (if different): Suter i;Y Co 5-174 to Phone No: FAX No.: Email: M�1 Industrial Hygiene: Routine 1jw1orking RUSH. (surcharges apply)- 24 hour Q 2 day .. ❑. 3day 0, ` S.day 0 Lead/Asbestoss outineRUSH . (surcharges apply)- 3 hour Q ' 6 hour .1a I` 4 Q Other a_ Mimbiological Non-culturable FungiO Routine 1RUSH (surcharges apply)- 24 IiourL2 2 day :`Ll 3day Q 5 day Q Culfuied Fungi: O Routine RUSH - Call lab for availability .: Lab'No. Sample No. :. Nkdia!Sairtple Mat: Air VotAiea Analyses Recltiesied S- T F L- Z Z /, 9 L- ucgor o zz,zL^ err, r _ D $7t to L- I'?- ©(4:1 , qi 1-- d , SvthOZ Q 7 & 1_ Y - ©S�" /1 Notes: Relin uishe v L O O Relinquished by Received b . Date: Time: Received by. Date: Time: 10772 Noel Street, Los Alamitos, CA 90720 800 755 1794 FAX 714 828 4944 email losalamitoslab@latesting.com I Limited Air Quality Testing Animal Medical Center 681 Aylor Road Stephens City, Virginia 05/25/2010 a, G 03, 04 N O-A7LANN"C 166 Windy Hill Lane Winchester, VA 22602 Approximate Sample Locations Figure 1 0 0 May 5, 2010 Via facsimile — (540) 868-1011 Dr. Bruce Welch, DVM Animal Medical Center 681 Aylor Road Stephens City, Virginia 22655 Reference: Air Quality Testing Clarification Animal Medical Center - 681 Aylor Road Stephens City, Virginia Dear Dr. Welch: ECS understands that you are currently seeking approval for expansion of the referenced facility. As part of the process, the Stephens City Planning Commission has requested that you complete air quality testing to address concerns submitted by adjoining neighbors regarding the perceived odor from animal feces and urine, as well as other potential emissions from the facility. As such, ECS has recently proposed air testing for ammonia and hydrogen sulfide, which are typical airborne components responsible for perceived odors from these waste products. However, based on our understanding of facility operations, ECS would not expect there to be emissions that would necessitate testing for additional compounds: i.e. the facility does not have an incinerator/crematory service or manufacture products, which could result in emissions from the facility such as particulate matter, volatile organic compounds or combustion by-products. Therefore, our recommended testing is intended to address the potential issue of perceived odors, but we do not recommend additional testing for other potential emissions components as it would not be applicable to the facility. If you have any questions or comments concerning the contents of this letter or other related topics, please feel free to contact us. Respectfully submitted, ECS MID -ATLANTIC, LLC SohnE. Tevalt� C E S., C A.Q:S Eric A'. Mercer; ClE 'Senior Environmental, Specialist Manager, Environmenta services' I:66Vindy.ITill=i sne,. incfiestcr;°VAt22fit52 ,(SAO} iC7�375�i; .Fax.(546)�67_;j79tl .wwx; csliniiiesiicc�m 16s[cAxn\tL7mFalllnir�t�,cilt)n(,87nlilly;l?�1�Ciru{ntcuva,Ils,VA�IztaStirsck,�1t7��i�ctesreksl+usu,VA�Stan�sns,llmKatc�;'nGflX:>.iq�Rltit�nanda!!<�i" COUNTY of . FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING May 12, 2010 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #03-10 FOR ANIMAL MEDICAL CENTER On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, May 26, 2010, at 7:15 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 #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-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.frederickcountyva.gov. Sincerely, Cheran Zoning Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on fiom the Department of Planning and Development, Frederick County, Virginia: 75 A- • 37- 75 - A- - 38- ABUNDANT LIFE CHURCH BC & BW ENTERPRISES LLC 700 AYLOR RD I CIO ANIMAL MED CTR OF FRED CTY STEPHENS CITY VA 22655.2479 PO BOX 1117 STEPHENS CITY VA 22655.1117 75E - 1- 3- 1 - - JENNELLE SHEILA MARIE & DAVID - 14303 GRAINERY RD � GreyWolfe, Inc. CENTREVILLE VA 20121.4820 ' _ 1 1073 Redbud Rd. 75E -1.3. 2- - -- - 1 Winchester, VA 22603 NEWLIN THELMA --- - 102 WESTMORELAND OR - 3.1. 1- STEPHENS CITY VA 22655-2552 SINE LILA A I 101 FREDERICK RD 75E -1.3. 3 - - --- --- -- 22655 2789 STEPHENS CITY VA GOODE PAUL J & PEGGY M 137 ACCOMACK CIR 74B - 3.1. 2- 1 STEPHENS CITY VA 22655.2708 II BATTAGLIA NATE 103 FREDERICK RD 75E - 1.3• 4- STEPHENS CITY VA 22655.2789 i LAUB JOHN R & JUDY K --- -- - - --- -- -- -- - - - i 106 WESTMORELAND DR 3 KING STEVEN D I STEPHENS CITY VA 22655.2552 KING 105 FREDERICK RD STEPHENS CITY VA 22655.2789 74B � 3- 1- 4• - - -- - � FLESSNER LARRY D & ANN L 107 FREDERICK RD STEPHENS CITY VA 22655.2789 lark R. Cheran, Zoning & Subdivision Administrator jederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK , a Notary Public in and for the State and County aforesaid, hereby certify that ark R. Cheran, Zoning & Subdivision Administrator for the Departpent of Planning and Development, whose name is signed to the foregoing, dated G , has personally appeared before me and acknowledged the same in my Stad and tounty aforesaid. Given under my hand this day of My commission expires on ?4j NOT AR UELIC 75E -1- 3. 5- COMPHER LAWRENCE J 108 WESTMORELAND DR STEPHENS CITY VA 22655.2552 75E - 1- 3- 6- RICKER WANDA G & JACOB L 204 ACCOMACK CIR STEPHENS CITY VA 22655.2501 75E -1.3- 7- BURDETTE HAROLD D & ETRULIA C 206 ACCOMACK CIR STEPHENS CITY VA 22655.2501 75 - A- - 35- OUBRUELER ENTERPRISES LLC 1686 S PLEASANT VALLEY RD WINCHESTER VA 22601.4483 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING April 23, 2010 TO: THE APPLICANT(S) 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 Me Permit #03-10 for Animal Medical Center, submitted by GreyWolfe, Inc., to allow for a buildIi'ng 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.frederickcountyva.gov. Sincerely, ark R. Cheran Zoning Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to c rtify that the attached correspondence. was •fled to the following on 3 C3 from the Department of Planning and Development, Frederick County, Virginia: 75 - A- - 37- 75 - A- - 38- BC & BW ENTERPRISES LLC CIO ANIMAL IVIED CTR OF FRED CTY PO BOX 1117 STEPHENS CITY VA 22655-1117 GreyWolfe, Inc. 1073 Redbud Rd. Winchester, VA 22603 74B - 3. 1- 1- SINE LILA A 101 FREDERICK RD STEPHENS CITY VA 74B - 3. 1. 2- BATTAGLIA NATE 103 FREDERICK RD STEPHENS CITY VA 74B - 3. 1. 3- KING STEVEN D 105 FREDERICK RD STEPHENS CITY VA ABUNDANT LIFE CHURCH 700 AYLOR RD STEPHENS CITY VA 22655.2479 75E - 1- 3- 1- JENNELLE SHEILA MARIE & DAVID 14303 GRAINERY RD CENTREVILLE VA 20121.4820 75E - 1- 3- 2- NEWLIN THELMA 102 WESTMORELAND DR STEPHENS CITY VA 75E - 1- 3- 3- GOODE PAUL J & PEGGY M 22655.2789 137 ACCOMACK CIR STEPHENS CITY VA 75E - 1. 3- 4. LAUB JOHN R & JUDY K 22655-2789 106 WESTMORELAND DR STEPHENS CITY VA 22655-2789 74B - 3- 1. 4- FLESSNER LARRY D & ANN L 107 FREDERICK RD STEPHENS CITY VA 22655-2789 22655-2552 22655.2708 22655.2552 c R. Cheran, Zoning & Subdivision Administrator aerick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK I , a Notary Public in and for the State and County aforesaid, do reby certify that Mar R. Cheran, Zoning & Subdivision Administrator for the DeV7nent of Planning and Development, whose name is signed to the foregoing, dated 10 , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this � day of "Zo n My commission expires on BEVERLY H. DELLIN ry NC)TArrY ID # 331878 q NOPUSLIC `�r14MCNWEALTH OF VIft M' COMMJ.Sk NEXP;RES �, G1N1A '"'w�+ JLY3i, 2L 75E - 1- 3- 5- COMPHER LAWRENCE J • • 108 WESTMORELAND DR STEPHENS CITY VA 22655.2552 75E - 1- 3- 6- RICKER WANDA G & JACOB L 204 ACCOMACK CIR STEPHENS CITY VA 22655.2501 75E - 1- 3- 7- BURDETTE HAROLD D & ETRULIA C 206 ACCOMACK CIR STEPHENS CITY VA 22655.2501 75 - A- - 35- DUBRUELER ENTERPRISES LLC 1686 S PLEASANT VALLEY RD WINCHESTER VA 22601.4483 low P t J 46 -94-h-3V---TO:BARBARA-DATA PROCESSING 7. Adjoining Property: FROM:BEV - Planning Dept. USE ZOT Please p int sets of la b North Residential RP , ° HANKS East Residential RP South Residential RP West Church B-1 8. The type of use proposed is (consult with the Planning Dept. before completing) Proper has an existing CUP #006-95 allowing Veterinary Hospital. An addition is desired that will require additional parking, condition #4 of the existing CUP requires any expansion to apply for a new CUP and provide a new site plan. 9. It is proposed that the following buildings will be constructed: An addition onto the rear of the existing building and additional a�g. 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: NAME Lila Sine ADDRESS 101 Frederick Rd, Stephens City, VA 22655 PROPERTY ID#7413-3-1-1 ✓ NAME Nate Battaglia ADDRESS 103 Frederick Rd, Stephens City, VA 22655 PROPERTY ID#74B-3-1-2 NAME Steven King ADDRESS 105 Frederick Rd, Stephens City, VA 22655 PROPERTY ID#74B-3-1-3 NAME Larry D. & Ann L. Flessner ADDRESS 107 Frederick Rd, Stephens City, VA 22655 PROPERTY ID#74B-3-1-4 ✓ NAME Abundant Life Church ADDRESS 700 Aylor Rd, Stephens City, VA 22655 PROPERTY ID#75-A-37 ✓ NAME Sheila Jennelle ADDRESS 100 Westmoreland Dr., Stephens City, VA 22655 PROPERTY ID#75E-1-3-1 NAME Thelma Newlin PROPERTY ID#75E-1-3-2 NAME Paul J. Goode PROPERTY ID#75E-1-3-3 NAME John R. Laub PROPERTY ID#75E-1-3-4 f NAME Lawrence Compher PROPERTY ID# 75E-1-3-5 NAME Wanda & Jacob Ricker PROPERTY ID#75E-1-3-6 NAME Harold & Etrulia Burdette PROPERTY ID#75E-1-3-7 ✓ NAME PROPERTY ID# %f -P�- 3 S NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# ADDRESS 102 Westmoreland Dr., Stephens City, VA 22655 ADDRESS 137 Accomack Circle, Stephens City, VA 22655 ADDRESS 106 Westmoreland Dr., Stephens City, VA 22655 ADDRESS 108 Westmoreland Dr., Stephens City, VA 22655 ADDRESS 204 Accomack Circle., Stephens City, VA 22655 ADDRESS 206 Accomack Circle, Stephens City, VA 22655 ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS cK - 00 CONDITIONAL USE PERMIT #03-10 ANIMAL MEDICAL CENTER a. *� Staff Report for the Planning Commission w Prepared: April 13, 2010 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. 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 exceed 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. Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. CUP #03-10, Animal Medical Center April 13, 2010 Page 2 LOCATION: This property is located at 689 Aylor Road (Route 647). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 75-A-38 PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RP (Residential Performance) Land Use: Residential South: RP (Residential Performance) Land Use: Residential East: RP (Residential Performance) Land Use: Residential West: 13-1 (Business, Neighborhood) Land Use: Church PROPOSED USE: This application is to allow for a building expansion and parking associated with the conditions set forth by Conditional Use Permit #06-95. REVIEW EVALUATIONS: Virzinia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 647, the VDOT facility which would provide access to the property. Existing entrance is adequate for proposed use. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT commercial standards. Frederick County Fire Marshall: Plans are approved with the addition of a fire hydrant to meet County Code 90-4 E (2). In areas developed with single family detached or duplex dwelling units, there shall be a fire hydrant within 400 feet of all units. In areas developed with three to five dwelling units per structure, there shall be a hydrant within 300 feet of all units. In areas developed with six or more dwelling units per structure, there shall be a t least two hydrants within 300 feet of all units. In areas developed with industrial or commercial developments, there shall be a hydrant within 300 feet of all portions of any structure. Where one hydrant is dedicated to the operation of a standpipe system, there shall be at least one other hydrant meeting the distance requirements set forth above. The hydrant dedicated to the CUP #03-10, Animal Medical Center April 13, 2010 Page 3 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 Al17.1-03 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 11 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. Planning 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 MEETING: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: 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. CUP #03-10, Animal Medical Center April 13, 2010 Page 4 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 exceed 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. Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Virginia Department of Transportation 2 2010 ' Attn: Resident Engineer L 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 The local office of the Transportation Department is located at 2275 Northwestern Pike in Winchester if you prefer to hand deliver this form. Applicant's name, address and phone number: Bruce Cather - P.O. Box 1117, Stephens City. VA 22655 - (540) 868-1001 Name of development and/or description of the request: "Animal Medical Center" - An existing veterinary hospital seeking an addition to the rear of the huoldona i Location: 689 Aylor Road. Stephens City. VA 22655 - Northwest of intersection of Route 647 R 1014 Va. Dept. of Transportation Comments: The n Route to for imposed use. However, should use ever expand in the future, the entrancemay have to be uporaded to VDOT commercial standards. Thank you tor allowing us the opportunity o comment. OF VDOT Signature and Date: 1 A I (NOTICE TO RESIDENT ENGINEER*PLEASE RETURN THIS FORM T6 APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two (2) copies of your application form, location map and all other pertinent information. I L REQUEST FOR CONDITIONAL USE PERMIT ENTS Frederick County )Fire Marshal Attn: Fire Marshal n( 7�yjg 107 North Kent Street MAC 1 6 rD Winchester, Virginia 22601 20?, (540) 665-6350 The Frederick County Fire Marshal is located at 107 North Kent Street, Ig or of the unty Administration Building in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: 5rWce Cath -r - 2,0 Box 1 1 IT St enhpnc Q VA�5 - i544) 868 1001 Name of development and/or description of the request: "Animal Medi ai CgntAe' - An P .Sling v t unary hospital seekinm an addition to the rear of thp, o uiiaing Location: 689 Avlor -Road StftnhPna CO VA 22655 No fth ast of 1 Q ♦ t o 647 n 101 Y .1CLL Lfl a nLUC owr a � is Fire Marshal Comments: SS,C `'re- AV-4f,,54* 1 l�lA v j< eV --e Fire Marshal Signature & Date: (NOTICE TO FIRE MARSHAL -PLEASE RETURN THIS FORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two (2) copies of your application form, location map and all other pertinent information. p0/p0 39Vd diN30-1b0IQ3W-lVWINV 110I8980DS DS:EI 0I0Z/10/p0 Frederick Counfy Fire and ReSCU6 Department L gi' Office of the Fire Marshal Plan Review and I'Comr ants ,tt�6i)FIA'=� Control number Date received Date reviewed CUe10-0004 3/16/2010 3/26/2010 Project Name Applicant Animal Medical Center Bruce Cather Address City Stale Zip P O. Box 1117 Stephens City VA 22655 Type Applkation Tax 10 Number Fire District Conditional Use 75-A-38 11 Current Zoning RP Recommendations Automatic Sprinkler System Yes Other recommendation Emergency Vehicle Access Adequate Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Automatic Fire Alarm System Yes Requirements e7i' eats Hydrant Location Inadequate Roadway/Aisleway Width Adequate Date Revised Applicant Phone 540-868-1001 Rescue District 11 Election District Residential Sprinkler System No Fire Lane Required Yes Special Hazards No Additional Comments Plans are approved with the addition of a fire hydrant to m--et county code 90-4 E (2) r, areas developed with sinole-iamiiy detached or duplex dwelling units, tr,.ere Shall be a fire hydrant within 400 feet of all units. In areas developed with three to five dwelling units per structure. there shall be a hydrant of,itnin 300 feet of all units. in areas developed with six of more dwelling units per structure. 'there seal, be at least two hydrants within 300 feet of all units. In areas deveioped with industrial or commercial development(s), there shall be a hydrant within 300 feet of all portions cf any structure Where one hydrant i5 dedicated to the operation of a standpipe system, there viall be at least one other hydrant meeting the distance requirements set forth above. The hydrant dedicated to he operation of' the standpipe systern shall not be farther than 50 feet from the s'tandpipe. Distance measurements ender this 00/10 39Vd 61N30 TiJIa3W IVWINV LL0T89e0bS bS:ET 0L0Z/T0/00 Frederick County Fire and Rescue Departmertr office olFthe Fire Marshal Plant Review and Comments section shall be along In areas developed with single-family detached or duplex dweliing units, there shall be a lire hydrant within 400 feet of all units. In areas developed with three to five dwelling units per structure, there shall be a hydrant within 300 feet of all units. In areas developed with six or more welling units per structure, there shall be at ieast rwo hydrants within 300 feet of all units. In areas developed wkh industrial or commercial development(s), there shall be a hydrant within 300 feet of all portions of any structure Where one hydrant is dedicated to the operation of a standpipe system, there shall be at least one other nydrant meeting the distance requirements set forth above The hydrant dedicsted to the operation of the standpipe system shall not be farther than 50 feet from the standpipe. Distance measurements cinder th;s section shall be along center -line roadway surfaces or along surfaces ;meeting the requirements of a fire lane (designated or undeslgnated) where appropriate, but in all cases access to each Hydrant shall be d:'rectly from a roadway and/or fire lane Plan Approval Recommended Reviewed By Yes S. Mark Showers Signature .�cLc��� Title AP b0/Z0 3EVd diN30 1ti0IGN IVWINd TIOT898009 I7S:ET 0TOZ/T0/00 rr-)T T REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Inspections Department Attn: Building Official 107 North Kent Street, Suite 200 Winchester, Virginia 22601 (540) 665-5650 The Frederick County Inspections Department is located at 107 North Kent Street, 2nd floor of the County Administration North Building in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Name of development and/or description of the request: "Animal Medical Center'- An eYistina yete inary hospital seeMnynadd;t;on to the rear of the b uiiaina Location: 689 Aylor Road Stephens Cites VA 22655 Northw st of intersection of R ute 647 fl 1014 Inspectio s Department Comment: n Code Administrator Signature & Date: (NOTICE TO INSPECTIONS DEPT*PL SE RETIJRN THIS FO O APP C T.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two (2) copies of your application form, location map and all other pertinent information. APR 2 2010 I I `` 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 is IBC/ANSI A 117.1-03 Accessible and Usable Buildings and Facilities. Building is required to be equipped with an accessible route (elevator) to floors exceeding 3000 sq ft per Chap 11 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 structures shall be subject to special inspections according to chapter 17 of the IBC., (soils, concrete, etc.). I III I REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Sanitation Authority Attn: Engineer Director P.O. Box 1877 Winchester, Virginia 22604 (540)868-1061 The Frederick County Sanitation Authority is located at 315 Tasker Road in Stephens City, Virginia, if you prefer to hand deliver this review. Applicant's name, address and phone number: Rrijc,p Cather - P.O Box 1117 Stephens City VA 22655 - (540) 868-1001 Name of development and/or description of the request: "Animal Medical Center" - An existing veterinary hospital seeking an addition to the rear of the building. I Location: 689 Aylor Road Stephens City. VA 22655 - Northwest of intersection of Route 647 & 1014 Sanitation Authority Comments: Sanitation Authority Signature & Date. (NOTICE TO SANITATION A RITY * RETURN THIS FORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two (2) copies of your application form, location map and all other pertinent information. i ■■' 'IAY-06-2010 06 :23 AM Fagstmile Trgrismittal M AY 6 2010 I To: Frederick County Planning Commissl 665-6395 Front: Judy K. Laub/The Neighborhood G Date: Tuesday, May 05, 2010 RE: Conditional Use Permit #03.1 Last night the below fax was sent to the Planning Commission members that I had originally sent a fax to. I believe the only member I did not include was Mr. Mark Cheran. In the event that this was not shared as the first one was, I want to send It to the Planning Commission again so that no one Is missed. Below is the explanation I submitted: 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 was In no way Imnlylna 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 51h' which I cannot attend. I never thought any of you would assume I 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 and ention to this correspondence. Judy K. cc: Mr. Richard Bell P. 01 AY-05-2010 06:46 AM . • P. 01 Facsimile Transmit To: Eric Lawrence -Director Fred. Cty. Planning Commission 665-6395 Mike Ruddy — Deputy Dlr. Fred. Cty. Planning Commission 665-6395 Dana Johnston- Zoning Inspector Fred, Cty. Planning Commission 665-6395 Candice Perkins — Sen. Planner Fred. Cty. Planning Commission 665-6395 John Bishop -Deputy Dlr. Transportation Fred. Cty. Planning Commission 665-6395 Charles S. Dehaven — Frederick Cty. Board of Supervisors The Hon. Richard C. Shlckle — Fred. Cty. Board of Supervisors Chris Collins — Fred. Cty. Board of Supervisors Gene Fisher — Fred. Cty. Board of Supervisors Front: Judy K. Laub/The Neighborhood Date: Tuesday, May 04, 2010 RE: Conditional Use Permit #03-1 678-8828 678-4484 667-0134 662-5238 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 was In no way Implying 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 5'"' 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 05-03-10:08:50AM: 1 540 e67 3017 tt 1/ 21 THE A*DAMS 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: ❑ Adams -Nelson & Associates, Inc. ❑ Adams -Nelson Management, Inc. ❑ Pegasus Properties, LLC ❑ Adams -Nelson Property Management, Inc. ❑ 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 7� Pegasus Properties, LLC —Licensed in Virginia Old Town Event Center The Fern Adams Building 113 S. L Street Winchester, VA 22601 540-667-2424 • FAX - 540-667-2441 • www.adamscompanies.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. 0 0 May 1, 2010 Mr. Bill M. Ewing P.O. Box 27 Stephens City, VA 22655 RE: Conditional Use Permit 903-1- 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 alb 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 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- i F_7 Page #2 The Board of Supervisors cannot in good faith allow this tragedy to go forward. Your sloganstates: '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, Pc-;7L/x�-L 05-03-10:08:50AM: J, 0 EC57J /os- 4,j P(L �6 �3 y1t. G� 05-03 Animal Medical Center of Frederick County, PC 681 Aylor Road, A D. 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, D�VM, 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 fature if this alteration is necessary. 0 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: 1. 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 0 0 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 05-03-10;08:50AM; i r Page #3 Mr. Mark R. Cheran April 26, 2010 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 hem 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 03-10;08:SOAM; • . • COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 5401665-6395 NOTIFICATION OF PUBLIC HEARING April 23, 2010 TO: THE APPLICAINT(S) AND/OR ADJOINLNG PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION 403-10 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 903-10 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 406-95. 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.frederickcountyva.Qov. Sincerely, Mark R. Cheran Zoning Administrator MR.C/bad 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 05-03-10;08:50AM; Renfo Property Inforo&ion Form ;1 540 667 3017 # 10/ 21 11 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 Tax Amount 0.00 Owner Information Rec # 24,092.02 Map Id 75 A 38 Acres 0.00 Zoning RP Elec / Gas Y / Y Esmt / ROW PAVE /PUBL Water / Sewer PUBL / PUBL Character RLNG Deed Ref Bk / Pg 900/1140 Land Use SFAM Sale Price / Parcels 0 Occupancy COMM Sale Date 3/26/1998 Name BC & BW ENTERPRISES LLC Address PO BOX 1117 STEPHENS CITY, VA 22655 r Building Information . &LA� &amj�Cq Bldg Sq Ft 3,250 Bsmt Sq Ft Bsmt Fin SF Basement SLAB Foundation CONC Walls Ex / In VINL / DRWL Stories 1 Units Air Cond Y Garage / # Fireplace Carport / # Flue 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. i Conditional Use Permit 1 I. , J? f Application ion # 03 - 10 �I AB�DgN^U�F�6;GfNRCH r' qv o? •r.. l i c a t 0 • "kie.ss� ,► �.o ` ��, Animal Medical Addition �� P F'�cax Sr�o ' ��c'''�o • Center & Parking W.W.- PIN: 75-A-38 Current Zoning N 44, Ir BCkBWENTERPRISESLLC.: To or SINE�LILAA = ` y L ' s K . COMBS IONA Rt */B 31 ;3 ,��:. ds / Y. KING STEVE� N D Al pg1r F G Case Planner: MChcmn .� FuvM07pryfff Y?I (l..inN.. 11•n.I.n.Mf �W hn �' 1p(W..IA.I, (;nt.nl lNn M) O\I(ph.•1f... IM+Mn[h.Ll �'' 0.\(R.nI A,.•Mw M) �%e`.I'eC OCVFO)1Q-k*.'A—Csntt( In (14•I.•..��.IC�f.rt�r(p.IMI -IIK(IfIW.Y/LnlMy.4•) �r_•y.� —\pI111LMM 11.,r C•.v,.inY1 D1aM) .gyp. NI (. -611Lrvl llr.uN7 mew) Rr(NnYe fF.A.nu�r pYrin) I:.I.. M.LMr...),.. C_ j Ip (IM+n,.�p.vrfl IMiA+1 —)11 (1ndr..L1 Uda DI�.NI }lf ((I.dyy f'nF/-n IYr.ln) IJ (It,.YerW Nm...fn,.l (':w) tllann) 6*wmw — Ipnf•—%lw-A•11nn.uL.D+AnI �n w�c,' }n 0 s 1 125 250 500 Feet Chairman At-j&rge Richard C. Shickle 292 Green Spring Road Winchester, VA 22603 (540) 667-2264 fax (540) 678-4484 office (540) 545-7312 Email Richard Kicriard Jhlcicle was t'irst 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;08:50AM; 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) 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-38 in the Opequon Magisterial District. (Mr. Cheran) COMMISSION DISCUSSION 6) Water Service in the Stephenson Area. (Mr. Lawrence) 7) Other CONDITIONAL USE PERMIT #03-10 4�cK . C0 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 County Planning Staff to provide information to the Planning Commission. and the Board of Supervisors to assist therm in making a decision on this request. It may also be useful to others interested in this zoning matter. 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 monunnent 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. Folloiving the requisite public hearing, it iPould be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. 05 CUP #03-10, Animal Medical Center Apri 113, 2010 Page 2 LOCATION: This property is located at 689 Aylor Road (Route 647). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 75-A-38 PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RP (Residential Performance) Land Use: Residential South: RP (Residential Performance) Land Use: Residential East: RP (Residential Performance) Land Use: Residential West: B-1 (Business, Neighborhood) Land Use: Church PROPOSED USE: This application is to allow for a building expansion and parking associated with the conditions set forth by Conditional Use Permit #06-95. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 647, the VDOT facility which would provide access to the property. Existing entrance is adequate for proposed use. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT commercial standards. Frederick County Fire Marshall: Plans are approved with the addition of a fire hydrant to meet County Code 90-4 E (2). In areas developed with single family detached or duplex dwelling units, there shall be a fire hydrant within 400 feet of all units. In areas developed with three to five dwelling units per structure, there shall be a hydrant within 300 feet of all units. In areas developed with six or more dwelling units per structure, there shall be a t least two hydrants within 300 feet of all units. In areas developed with industrial or commercial developments, there shall be a hydrant within 300 feet of all portions of any structure. Where one hydrant is dedicated to the operation of a standpipe system, there shall be at least one other hydrant meeting the distance requirements set forth above. The hydrant dedicated to the CUP 403-10, Animal Medical Center April 13, 2010 Page 3 operation of the standpipe system shall not be farther than 50 feet from the standpipe. Distance measurements tinder this section shall be along center -line roadway surfaces or along surfaces meeting the requirements of a fie 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 Al 17.1-03 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 11 IBC. New parking area shall meet the handicap parking quantities as required by Tl 106.1. 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 MEETING: 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. CUP #03-10, Animal Medical Center April 13, 2010 Page 4 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 exceed 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. Follorping the requisite public (rearing, it lvould be appropriate for the Planning Commission to offer a r•econzinentlation concerning this application to the Boat -(I of Supervisors. 05-03-10;08:50AM; i COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/ 678-0682 August 10, 1995 Mr. Bruce R. Welch 1904 Double Church Road Stephens City, Virginia 22655 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 � • Page 2 Mr. Bruce E. Welch August 10, 1995 8. Animals recovering at the facility will only be permitted in outside area for brief exercise periods. If you have any questions regarding your Conditional Use Permit please feel free to call this office. Sincerely, W. Wayn Miller Zoning Administrator WWM/dc cc: Ellen Murphy, Commissioner of Revenue 05-03-10:08:50AM 12. Additional comments, if any: 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 /00 46 / 1 / 7 /' .S Owners' Telephone No. -5-YO E-6 Q [O / TO BE COMPLETED BY THE ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: Special Limited Power of Attorney County of Frederick, Virginia' APR Ptandag O€Gce, Comity, of Frederki4 VbZW2,167 North Kent Street, Winchester, Virginia 22601 Pfone 54hbb546Sf Facdnale 50-"5-6395 Know All Men By These Presents: That l (We) (Alamo) Bruce Welch & Brian Cather (Phone) (540) 868-1001 (Addles) 689 Aylor Road, Stephens City, VA 22655 the owners) of all those tracts or parcels of land ("Property") conveyed to me Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrumtnt No. Deed Book 900, Page 1140 and is described as Parcel.75 Lot.. A Block: Section: do hereby make, constitute and appoint: Subdivision: 38 2 2010 ' by deed recorded in the (Name) GreyWolfe, Inc - Gary R. Oates, LS-Br 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 (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above dcscnbed Property, including: 0 Rezoning (Including proffers) X Conditional Use Permits 0 Master Development Plan (Prebmiaary aad Final) K Subdividont ]a Site Plan My attomey-in-fact shall have the authority to offer proffered conditions and to make amcrximcnts to previously approved proffered conditions except as follows: �it,d-r'—ems This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. . In witless thereof,! I, ir. hnE , a Notary Public in and for the jurisdiction aforesaid, certify that the persons) who signed to the foregoing instrument and who is (arc) known to me, personally app;qrrd before mr ' and has acknowledged the same fore me in the jurisdiction aforesaid this 1,0 of 20L O,,/�5`1 . MYMMA9iSS10NLVIRES JARMRY 31,-20- 9 My commission Expires: _-- Ngtary Public THE A*DAMS CO1VtPANIES Real Estate Services Facsimile Transmittal To: Mike Ruddy — Deputy Director— From: Judy Laub/Neighborhood Citizens Frederick County Planning Commission Fax #: 665-6395 Date: May 3, 2010 Phone: Pages: 21 Including Cover Page CC: ❑ Adams -Nelson & Associates, Inc. ❑ Adams -Nelson Management, Inc. ❑ Pegasus Properties, LLC • Adams -Nelson Property Management, Inc. 0 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 Old Town Event Center J� The Fern Adams Building 303 S. Loudoun Street Winchester, VA 22601 540-667-2424 • FAX - 540-667-2441 * www.adamscompanies.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. OS-03-10:08 • 0 May 1, 2010 Mr. Bill M. Ewing P.O. Box 27 Stephens City, VA 22655 RE: Conditional Use Permit 903-1- 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 strongaly opposed to any expansion of this facility at alb 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 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- # 3/ 21 05-03-10:08:50AM: ;1 540 667 3017 0 • 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, d '5k� I oA tDI 05-03-10;08:50AM; ;1 540 657 3017 iF 4 / 2 t �b� f✓x 5I 11��lG�Rra ry e�ear Z�;c-o ro e, Z-: a- O,5 b LI F/?,&V Orw G f-/J /614 pf Pf 4G /0 f2 � te,har�Cl4unfb� e 3017 Animal Medical Center of Frederick County, PC 681 Aylor Road, P.O. 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, I)VM 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. 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: 1. 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 property9 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 ># 7 / 21 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? P M? 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 05-03-10:08:50AM: 0 Page #3 Mr. Mark R. Cheran April 26, 2010 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, 4s. 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: ;1 540 667 3017 # 9/ 21 • 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 5401665-6395 NOTIFICATION OF PUBLIC HEARING April 23, 2010 ...., � T (.- TO: THE APPLICANT(S) 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 903-10 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 Developmentary located the at 07 North owman Library the week of the meeting, or at the Department of Planning Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's website at www.frederickeolLnna.gov. Sincerely, 4a-rik R. Cheran - Zoning Administrator MR.C/bad 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 05-03-10;08:SOAM; Renfo Property Inforletion Form 1 540 667 3017 # 10/ 21 f L--A 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 Tax Amount 0.00 Owner Information 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 Building Information . Bldg Sq Ft 3,250 Bsmt Sq Ft Bsmt Fin SF Basement SLAB Foundation CONC Walls Ex / In VINL / DRWL Stories 1 Units Air Cond Y Garage / # Fireplace Carport / # Flue 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. Conditional Use Permit ' l�l �eru4 `.. ..... A I t # 03 10 �%.'fir AF�'39r� � J t � ] ��d �t �A+(7 _ � � `l hh��� +• { .Ix1-+rC' kw rib • t 'o y� I.i' "� VA vs �:T<f'� �''�' it '�' A v !•rq$� k..fl,A���., - , l• 5'�1rm �+CFb - � -•kiwi y°}'�- .. ♦ , X i < y1 , {it, A u k6W ENiERPRISEqLC,-:11M }r' I48 31 1 ^ds L• i< a= pp *_4- 7,4B 31 5 i. f COMBS IONA R# KING 5TEVEN D ��'• •�;r '°' `x .�: IV pp Ica ion - N Animal Medical Addition Center & Parking o PIN; 75 - A - 38 Current Zoning i men Lima MEN �x0mom �. sommoss..ss .o.......o. mossommong consommoto Nelson on Case 111m(nee Whemn .� FJv. R1)I0/W]> I}I (t..InN.. 11.n.1.��ML FW M1n �� \OIwNA.411JrtNIN./MI • O\I(OIM•11...fMuMLf.r1) r%ree^^F{��eQ OCV/0710fnY,uFMedCenllr .;y., FI (14.4..�}.i�,MA,�DWMI -IIK(-0-vj_nDl 4,) _,11111\W4411.nn �.inn.rJ�grM1 ®F1111,1.ITIW ILw�l1�..w17 Di.1rN) F,'1F..11MLl M1A-rn.�Dinr(n) Fvn.FM✓.�.\m• C`J F111Ndn.., f:.mll4an.11 -?Il llndMA]l 1}y/ ad.M) M,(,%Wk1 W". FNA�) 4. WIF.JI.rW Nm..i4n.1 ('�W11F.1M) K �p���I:rl.n - `�,'}\\\1 1V Tnn "DWMI w ( 0 1 s { 126 250 1 { 1 500 Feet 1 1 05-03-10:08:50AM: Chairman At-Igrge is Richard C. Shickle 292 Green Spring Road Winchester, VA 22603 (540) 667-2264 fax (540) 678-4484 office (540) 545-7312 Email Richard Richard Shickle 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;08:50AM; 9 ;1 540 667 3017 # 13/ 21 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) 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-38 in the Opequon Magisterial District. (Mr. Cheran) COMMISSION DISCUSSION 6) Water Service in the Stephenson Area. (Mr. Lawrence) 7) Other 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 County Planning Staff to provide h1for►llatio►l to the Planning Commission and the Board of Supervvisors to assist them in making a decision on this request It stay also be ttsefttl to otlters itlterested i►t tliis zoiliitg ► attel. 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 406-95. 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 tmi-es. 2. A monuiiient 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. Ardmals 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. Fo116ivillg the requisite public (tearing, it would be appropriate for the Pla►miltg Commission to offer a recomme►lllatio►1 concerning this ajlplicatio►t to the Boarll of Supervisors. CUP #03-10, Animal Medical Center April 13, 2010 Page 2 LOCATION: This property is located at 689 Aylor Road (Route 647). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 75-A-38 PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RP (Residential Performance) Land Use: Residential South: RP (Residential Performance) Land Use: Residential East: RP (Residential Performance) Land Use: Residential West: B-1 (Business, Neighborhood) Land Use: Church PROPOSED USE: This application is to allow for a building expansion and parking associated with the conditions set forth by Conditional Use Permit #06-95. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have Iittle measurable impact on Route 647, the VDOT facility which would provide access to the property. Existing entrance is adequate for proposed use. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT commercial standards. Frederick County Fire Marshall: Plans are approved with the addition of a fire hydrant to meet County Code 90-4 E (2). In areas developed with single family detached or duplex dwelling units, there shall be a fire hydrant within 400 feet of all units. In areas developed with three to five dwelling units per structure, there shall be a hydrant within 300 feet of all units. In areas developed with six or more dwelling units per structure, there shall be a t least two hydrants within 300 feet of all units. In areas developed with industrial or commercial developments, there shall be a hydrant within 300 feet of all portions of any structure. Where one hydrant is dedicated to the operation of a standpipe system, there shall be at least one other hydrant meeting the distance requirements set forth above. The hydrant dedicated to the 05-03-10:08 is 0 CUP #03-10, Animal Medical Center April 13, 2010 Page 3 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 Al 17.1-03 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 11 IBC. New parking area shall meet the handicap parking quantities as required by TI 106. L 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) zonirng district with an approved Conditional Use Permit (CUP). This proper-ty currently has a Conditional Use Permit (CUP 406-95), 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 MEETING: 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; 0 • CUP #03-10, Animal Medical Center April 13, 2010 Page 4 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 exceed 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. Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recominentlation concerning this application to the Boar(l of Supervisors. 05-03-10:08:50AM: i COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/ 678-0682 August 10, 1995 Mr. Bruce E. Welch 1904 Double Church Road Stephens City, Virginia 22655 RE: CUP #006-95 OF BRUCE E. WELCH: P.T.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 05-03-1O;O8:5OAM; 0 0 Page 2 Mr. Bruce E. Welch August 10, 1995 8. Animals recovering at the facility will only be permitted in outside area for brief exercise periods. If you have any questions regarding your Conditional Use Permit please feel free to call this office. Sincerely, W. Wayn Miller Zoning Administrator WWM/dc cc: Ellen Murphy, Commissioner of Revenue 12. Additional comments, if any: 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 /00 doh / �71 —am Owners' Telephone No. -5--Yo O / TO BE COMPLETED BY THE ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: 05-03-10:08:50AM: Special Limited Power of Attorney County of Frederick, Virginia ' APR Ptanoisg Office, County of Frederick, Virpaia, 167 North Kent Street, Winchester, Virginia 22601 Phone S4"S-S651 Faesimile 54"54395 Know All Men By These Presmts That I (We) (Name) Bruce Welch & Brian Cather (Phone) (540) 868-1001 (Andras) 689 Aylor Road, Stephens City, VA 22655 the owner(s) 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, Wginia, by lnstrunwnt No, Deed Book 900, Page 1140 , w1d is described as Parcel: 75 Lot. A Block: Section: do hereby make, constitute and appoint: Subdivision_ 38 (Name) GreyWolfe, Inc - Gary R. Oates, LS-B, PE (Phone) 667-2001 (A) 1073 Redbud Road, Winchester, VA 22603-4757 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above desenbed Property, including: ❑ Rezoning (Including proffers) M Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) X SutbMwidion R Site Plan My attomcy-in-fact small have the authority to offer proffered conditions and to msl:e amcndn=ts to previously approved proffered conditions accept as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. '�-}^ In witness thereof, I (wc) have hereto set my_ (our) bald 3r►� seal this Z day of ! I I(. J� , 201® , i• v I State of Virginia, City/County of need?r < <-l� . To -wit: 1, �9c.,r /, I�CL� , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who is (sine) known to me, personally app before me and has acknowledged the scare fore me in the jurisdiction aforesaid this QINy of MO. MY COMMISSION EXPIRES JA"RY 31,-20' My Commission Expires: Notary Public