Loading...
HomeMy WebLinkAbout01-86 Cheryl L Anderson - Stonewall District - Backfile (2)-Vs fYS-' W4'bon of #0 Re as vru hs fr� v PLANNING COUNTY OF FREDERICK 9 COURT SQUARE P. 0. Box 601 WINCHESTER. VIRGINIA 22601 �: - " . . Fh ,�: � ., Mo ���`�k � � ���- i <♦ COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/667-0370 Dear Mr. & Mrs. Anderson: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting of October 24, 1990. .Amended Conditional Use Permit #001-86 of Mark & Cheryl Anderson was approved for expansion as per Site Plan #047-90. This property ,is located on the north side of Route 836 in Stephenson, in the Stonewall Magisterial District and is identified as parcel 100,on. tax map 44., This amended CUP is approved with the following conditions: 1. If the use of the property changes, this conditional use permit shall expire and a new conditional use permit will be required. 2. All animals will be locked inside at 9:00 p.m. 3. A site plan shall be submitted for review and approval, meeting the requirements of the Zoning Ordinance. 4. Any expansion of or buildings used for the kennel shall require a revised site plan to be submitted for review and approval. 5. Any expansion of the buildings used for the kennel, beyond the floor area of the buildings shown on the site plan submitted with this application,I shall require a- new or amended conditional use permit. Such a new or amended conditional use permit shall be. obtained following the procedures prescribed in the Zoning Ordinance for a new conditional use permit. 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 Page -2- Anderson CUP October 31, 1990 If you.have any questions regarding the conditions of the approval of this conditional use permit do not hesitate to call this office. Sincerely, Robert W. Watkins Planning Director RWW/slk bc: Charles Orndoff, Srr4 Stonewall Supervisor P fie- FILL Or I May 29, 1996 Mr. & Mrs. Mark Anderson P.O. Box 220 Stephenson, VA 22656 Dear Mr. & Mrs. Anderson: COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 Acting on the request by your attorney, Mr. Mark E.Stivers, I made a determination that in order for you to have an apartment for human habitation above your kennel, you need to have your conditional use permit revised. This would require a new permit application that would need to go to the Planning Commission for a recommendation, and then action by the Board of Supervisors. I made this determination after counsel with the County Attorney. His determination was made by reference to condition 5 of your approved amended CUP. This is as outlined in the approval letter, dated October 31, 1990, to you folks from Mr. Watkins. This condition stated that "any expansion of the buildings used for the kennel, beyond the floor area of the buildings shown on the site plan submitted with this application, shall require a new or amended conditional use permit. Such a new or amended CUP shall be obtained following the procedures prescribed in the zoning ordinance for a new conditional use permit." They also made reference to the Board of Supervisors meeting minutes of October 24, 1990. The supervisors made it very clear in their recorded comments that there was to be no expansion allowed until the permit:was brought back to them. In fact, a motion was made and passed at this time stating that specifically. Since this action was a legislative decision by the Board of Supervisors, this action is not appealable to the Board of Zoning Appeals under the provisions of the Frederick County .Zoning Ordinance. If I can be of further assistance, please do not hesitate to contact me. Since ely, W. W ne Miller Zoning Administrator W WM/cg cc: Mr. Mark i . Stivers 107 North Kent Street • Winchester. Virginia 22601-5000 P/C review date: 10/17/90 BOS review date: 10/24/90 AMENDED CONDITIONAL USE PERMIT #001-86 MARK & CHERYL ANDERSON Kennel LOCATION: On the north side of Route 836 in Stephenson MAGISTERIAL DISTRICT: Stonewall TAX MAP & PARCEL NO: Tax map 44 / Parcel 100 PROPERTY ZONING & LAND USE: Zoned RA (Rural Areas) , Land Use - residential ADJOINING ZONING & LAND USE: Zoned EM (Extractive Manufacturing) and RA (Rural Areas), Land Use -- Extractive manufacturing, residential and agricultural PROPOSED USE & IMPROVEMENTS: Expansion as per site plan submitted REVIEW EVALUATION OF 1988: Va. Dept. of Transportation: No objection to the proposal of the Conditional Use Permit at this time. (7/14/88) Health Department: Based on information to date, the Frederick County Health Dept. cannot support or recommend in favor of this request. It should be understood that animal wastes are classified as "industrial wastes" and regulated by the State WAter Control Board. To expand this facility by 40 units will increase the amount of waste water generated. This increase in waste water should ,be addressed by the State Water Control Board, Valley Regional Office. State Water Control Board: See attached letter dated 10/26/88 Animal Control: No comment. Clearbrook Fire Co.: Follow NFPA code. Inspections Department: This conditional use permit request shall comply to Use Group "B" Business section 303.0 of the National BOCA Basic Building Code, 1987. Planning & Zoning: The applicant is proposing to add approximately 12,000 square feet to their 3,500 square feet structure. A site plan has been submitted for approval. Section 3-16 of the Zoning Ordinance describes supplemental requirements for kennels which will need to be met. These requirements include requirements that dogs be properly secured and that buffers be provided in relation to surrounding residential properties. STAFF RECOMMENDATIONS FOR P/C MTG. OF 9117190: Approval with the following conditions: 1. If the use of the property changes, this conditional use permit shall expire and a new conditional use permit will be required. 2. All animals will be locked inside at 9:00 p.m. 3. A site plan shall be submitted for review and approval, meeting the requirements of the Zoning Ordinance. 4. Any expansion of or buildings used for the kennel shall require a revised site plan to be submitted for review and approval. 5. Any expansion of the buildings used for the kennel, consisting of more than 25% of the floor area of the buildings shown on the site plan submitted with this application, shall require a new or amended conditional use permit. Such a new or amended conditional use permit shall be obtained following the procedures prescribed in the Zoning Ordinance for a new conditional use permit. PLANNING COMMISSION RECOMMENDATIONS OF 10/17/90: Unanimous approval with the following conditions. 1. If the use of the property changes, this conditional use permit shall expire and a, new conditional use permit will be required. 2. All animals will be locked inside at 9:00 p.m. 3. A site plan shall be submitted for review and approval, meeting the requirements of the Zoning Ordinance. \ti 4. Any expansion of or buildings used for the kennel shall ' require a revised site plan to be submitted for review and approval. k, 5. Any expansion of the buildings used for the kennel, �� eex�sis i.ng sfr'More t Ja=n���� o,-of-the floor area of the buildings shown on the site plan submitted with this application, shall require a new or amended conditional use permit. Such a new .tY or amended conditional use permit shall be obtained following the procedures prescribed in the Zoning Ordinance for a new conditional use permit. APPLICATION FOR CONDITIONAL USE WhIT FREDERICK COUNTY, VIRGINIA grrcnn s�-- Conditional Use Permit No.Submittal Deadline is g���c'�''�� .�. �i �(� Application Daf—*� September 28, 1990 D/C Ming: Fee Paid Paid 9/28/90 B/0/S Meeting: 1. APPLICANT (The applicant is the owner other (check one) NAME: Mark ADDRESS: p TELEPHONE: -703-667-7809 2. Please list all owners of the property, occupants, or parties in interest: Mark and Cheryl Anderson 3. The property is located at (please give exact directions) North side of 4. The property has a frontage of feet and a depth of feet and consists of 34 acres. (Please be exact) 5. The property is owned by Mark & Cheryl Anderson as evidenced by deed from _ Russell Messick recorded in deed book no. 176 on page 190 , registry of the County of Frederick. 6. 21-Digit Property Indentification No: Magisterial District: Stonewall 44000 A00 0000 0000 0100-0 7. Adjoining Land Use extractive manufacturing Adjoining Zoning EM & RA residential agricultural 8. The type of use proposed is Expansion as per Site Plan submitted 9. It is proposed that the property will be put to the following use: Office and enclosed dog kennel 10. It is proposed that the following buildings will be constructed: Expansion as per Site Plan submitted. 11. 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 sought to be rezoned. (Use additional pages if necessary). These people will be notified by mail of this application. [PLEASE LIST COMPLETE 21-DIGIT NUMBER] NAME Robert Carter W. F. Frey Quarry Charles B. Kelley ss: Property 1DIF: 450DO A00 0000 0000 0080-0 Address: P.O. Box 1622 Property IDIP. 44000 A000 0( Address: 3939 Frederic Property ID# 44000 A00 001 0000 0101-0 r j Page Two Conditional Use Permit • 4. „u... Betty L. Bragg 5. 6. 7. 8. 9. 1 10. Address: Route 2, Box 171 Stephenson, Va. 22656 Property ID#: 44000 A00 0000 0000 0103-0 Address: Property ID# : Address: Property ID#: Address: Property ID#: Address: Property ID#: Address: Property ID#: Address: Property ID#: 12. Additional comments, if any I (we), the undersigned, do hereby respectfully make application and petition the governing body to amend the zoning ordinance and to change the zoning map of the Frederick County, Virginia, with the above facts as support of this application. Signature of Applicant: Signature of Owner: Owners' Mailing Address: Owners' Telephone No: For Office Use Only PLANNING COMMIS SION PUBLIC HEARING RECOMMENDATION OF (date) 4-44 I --/, /! qz,-1 Approval Denial SECRETARY (signed) BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) �-P z9D Approval Denial COUNTY ADMIN. (signed l� �0 .c 99 �m 98 v � � 1 97 100 y r 103 FREYCO A � 101 10 Or PH/0 —�105 02 Littlers _...._... 115 4 107 108A sfe---426 �/Q 115 ;—oli �'f06Run/114 �3 I I2 `108 3 ^ 109 ` - �''s 1 110 A 109 A � , �9 A B 10 o 121- J� ,4 'S�f 110 s 9 '9a �39 19 9 ass JJo A�rtSaN -- - .� pal �Poj 4 - COMMONWEALTH of VIRGINIA STATE WATER CONTROL BOARD Richard N. Burton 2111 Hamilton Street Executive Director Post Office Box 11143 Please reply to: Valley Regional Office Richmond, Virginia 23230-1 143 116 North Main Street (804) 367-0056 P. 0. Box 268 Bridgewater, Virginia 22812 (703)828-2595 26 October 1988 Mr. Mark D. & Mrs. Cheryl L. Anderson P.O. Box 220 Stephenson, Virginia 22656 Re: Virginia'Pollution Abatement (VPA) Permit Application Dear Mr. & Mrs. Anderson: X We have reviewed your VPA Permit application to construct and operate animal waste facilities in Frederick County. Our Permit Regulation requires that: 1. all animal feeding operations shall have no point source discharge of pollutants to State waters except in the case of a 25-year 24-hour rainfall event, and 2. animal feeding operations which confine 300 or more animal units and for which treatment works are required to store wastewater or otherwise prevent a point source discharge of wastewater, must have a 'VPA Permit. i Since your proposed facility will not have 300 or more animal units, you are not required to have a VPA Permit. However, you are still required to design, construct, operate and maintain your animal waste facilities and to follow good waste utilization practices to prevent a discharge to State waters. If your waste management facilities or your waste utilization practices result in a discharge to State waters, you are required to initiate corrections immediately. N 26 October 1988 - 2 - Mr. Mark D. & Mrs. Cheryl L. Anderson It is important to note that your existing septic tank/drainfield system, as built, is adequate for your proposed expansion for 40 additional dogs. This opinion is based upon the technical information provided by your professional engineer. If you increase the number of animals or substantially change your proposal from that submitted in your application, you should immediately contact us. If you do not operate and maintain your facilities in a manner which will protect State waters, then we reserve the right to issue you a VPA permit. Should you have any questions, please do not hesitate to contact this office. Sincerely, James A. Preston Water Resources Manager /if cc: VRO File ✓Mr. Bob Watkins Frederick County Planning Commission P.O. Box 601 East Court Square Winchester, Virginia 22601 COUNTY of FREDERICK IDepartment of Planning and Development 703/665-5651 FAX 703 / 667-0370 October 10, 1990 TO THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) THE APPLICATION OF: CHERYL ANDERSON / ABERDEEN KENNELS (Revised) Conditional Use Permit #001-86 For: the expansion of office area and an enclosed dog kennel. This property is located on the north side of Route 836 in Stephenson, Virginia, and is identified as parcel 100 on tax map 44 in the Stonewall Magisterial District. This conditional use permit will be considered by the Frederick County Board of Supervisors at their meeting of October 24, 1990 at 7:15 p.m. in the board room of the .old Frederick County Courthouse, Winchester, Virginia. Any interested persons having questions or wishing to speak may attend this meeting. Sincerely, Robert W. Watkins Planning Director RWW/slk 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 This is to certify that the attached correspondence was mailed to the following on October 10, 1990fr�the Department of Planning and •velopment, Frederick County, Virginia: Mr. Robert Carter Route 2, Box 97 Stephenson, Virginia 22656 4400raA00000000000 3. U4• �ANDE:RSON, MARk I). h C::I-•IE:hYI... I.... S712-1 I••irENSON , VA. 22 65e,-- 44000A00000 0()<)<)o05o" % �F7*Ri::Y, WIL.I...:I:AM S. '(:'(3M 6NWE AL.T H NAI'10NAL. BANK 1. 0 S HARK T' 90. F,.0. EsC)x A o t o i••IA�1+::L ��iE+l.lH2C.r : 1='A - 44<)<)OFa<){)tio0<yUUCtc7o �Ii FA-L.EY , C:1-40W&.E:S Es- & MAR I E ice. : 9.3 G-5 .BAN AN'i'C)i•.IO, Ti< 440o0r40<)00()0<)0(,)0o i ()3, �IFiAGG , E+E:TT Y I...C)(j RT' nox S.-?I, STvF;'ME:NI:iC)N, VA Robe W. Watkins, Director Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I, Debi D. Swimley , a Notary Public in and for the state and county aforesaid, do hereby certify that Robert W. Watkins, Director for the Department of Planning and Development, whose name is signed to the foregoing, dated October 10, 1990 has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 10th day of October My commission expires on September 30, 1993 L. L L ��, NOTARY PUBLIC 1990 COUNTY of FREDERICK IDepartment of Planning and Development 703/665-5651 FAX 703/667-0370 October 3, 1990 TO THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) THE APPLICATION OF: CHERYL ANDERSON / ABERDEEN KENNELS (Revised) Conditional Use Permit #001-86 For: the expansion of office area and an enclosed dog kennel. This property is located on the north side of Route 836 in Stephenson, Virginia, and is identified as parcel 100 on tax map 44 in the Stonewall Magisterial District. This conditional use permit will be considered by the Frederick County Planning Commission at their meeting of October 17, 1990 at 7:30 p.m. in the Board of Supervisors meeting room of the old Frederick County Courthouse, Winchester, Virginia. Any interested persons having questions or wishing to speak may attend this meeting. Sincerely, Robert W. Watkins Planning Director RWW/slk 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 This is to certify that the attached correspondence was mailed to the following on October 3 1991 fro he Department of Planning and elopment, Frederick • County, Virginia: III III ANDE:R£30N . MARK F) . & C:F11":F:Yf... L.. BRAGG , BETTY LOU >Tf.: PHENSON , VA. STEPHENSON , VA. 22656--- 22656- Robert Carter Rt. 2, Box 97 Stephenson, Va. 22656 ►AQUURtUUUUUUC)UUUUU9 i f'R Y , W:I LL7.AM S. COMMONWEALTH NATIONAL BANK 10 fB MARKET 80. P.O. BOX 1010 HARRISBURG. PA W.F. Frey Quarry P.O. Box 1624 York, Pa. 17405 4 400OA00000000OOO i O i i K L'-: LLE=Y , CHARLE::S 1: & MAf=: I E C . 3939 f' RE: DE: R I CK SBUR RD . *C.-E5 SAN ANTONIO, TX 78201-. Robert W. Watkins, Director Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I, Debi D. Swimley , a Notary Public in and for the state and county aforesaid, do hereby certify that Robert W. Watkins, Director for the Department of Planning and Development, whose name is signed to the foregoing, dated October 3, 1990 , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 3rd day of October My commission expires on September 30, 1993 NOTARY PUBLIC 1990 • Fagt, Three conditional Use Permit* n Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. HARRISON & JOHNSTON BURR P. HARRISON 1904-1973 ATTORNEYS AT LAW MAILING ADDRESS: WILLIAM A. JOHNSTON- WINCHESTE-R VIRGINIA 22601-0809 P. O. BOX 800 H. K. BENHAM III BILLY J. TISINGER TELEPHONE THOMAS A. SCHULTZ, JR. BRUCE E. DOWNING 21 SOUTH LOUDOUN STREET AREA CODE 703 IAN R. D. WILLIAMS 667-I266 ELIZABETH B. JOHNSTON FAX NO. October 24, 1990 703-667-1312 John R. Riley Frederick County Administrator 9 Court Square Winchester, Virginia 22601 Re: Mark and Cheryl Anderson Dear John: This will confirm the understanding that has been reached between the County of Frederick, of the one part, and Mark and Cheryl Anderson, of the other part, as follows: 1. That the application of Mark and Cheryl Anderson for an "Amended Conditional Use Permit" is without prejudice to any of their rights in connection with the existing Conditional Use Permit. If, for example, the application for the Amended.Condi- tional Use Permit of the Andersons is denied by the County, or withdrawn by the Andersons before there is a final and complete vote by the Board of Supervisors, then the existing Conditional Use Permit remains in full force and effect just as though this Amended Conditional Use Permit application had never been made. It has be.en agreed that the Andersons may withdraw their application for an "Amended Conditional Use Permit" at anytime up until there has been a final and complete vote by the Board of Supervisors on the application. For instance, this could mean that while the voting is going on, but before it is complete, the application can be withdrawn by the Andersons. I would assume that such withdrawal would be announced, by me, as their Counsel either at, during or before the Board of Supervisors meeting scheduled for this evening. 2. That the Andersons are applying for an "Amended Conditional Use Permit" for the use of their property as a kennel with the further provision that all animals be locked inside by 9:00 P.M. each evening. There would be no other conditions or restrictions in connection with the Conditional Use Permit. Accordingly, there would be no time limitation on the revised Conditional Use Permit, there would be no provision regarding "occupancy or ownership" and there would be no provision limiting the number of dogs that can be boarded at the kennel. It would, of course, be understood that the Andersons must comply with all other applicable rules and regulations of the County of Frederick which means that anytime there would be any proposed expansions of the buildings that a revised site plan • 0 John R. Riley PAGE 2 October 24, 1990 be submitted for review and approval as provided for in the current laws of the County of Frederick. It is my understanding that the current application for the Amended Conditional Use Permit includes the site plan that has been filed with the County of Frederick. 3. That it is understood and agreed that the application for a site plan approval that was filed in connection with the existing Conditional Use Permit remain active and ongoing and would only be terminated upon the granting of a revised Conditional Use Permit by the County of Frederick on the terms and conditions as set forth herein. If, for example, the Andersons withdrew their application for revised Conditional Use Permit, or if the application was not approved by the County, then the Andersons would continue without prejudice with their request that the submitted site plan be approved in connection with the existing Conditional Use Permit. Sincerely yours, Thomas A. Schultz, Jr. TAS,JR:mlk cc: Mark and Cheryl Anderson COUNTY of FREDERICK Department of Planning and Development REQUEST FOR COMMENTS IJohn T.P. Horne - Planning Director Stephen M. Gyurisin - Deputy Director 703/662-4532 TO: Mr. William H. Bushman Resident Engineer VA. Dept. of Highways & Transportation P.O. BOX 278 Edinburg, Virginia 22824-0278 (703) 984-4133 Local Office: 1550 Commerce Street Winchester, VA. 22601 (703) 662-8876 FROM: John T. P. Horne, Planning Director DATE: SUBJECT: Review Comments for Conditional Use Permit Rezoning Subdivision Site Plan Please review this request for a 4MAq-_04 located at Proposed bu ng ana improvements: This comment sheet must be returned to the Frederick County Department of Planning and Devel pment, or "the applicant, by d"e(nA 4 for the meeting of --�u����--_/g1_%9Y — - ( , VDH&T Comments: No objection to Conditional Use Permit, however., before bu in is opened a Commerical Entrance permit must -be applied for and approved. VDH&T Signature: �, , a �c��n�"'i Applicant's Name: Address: Phone Number: Date: j.�U..•G, NOTICE TO APPLICANT: It is your responsibility to contact the Virginia Department of Highways & Transportation for comments on your project and to return all comments as part of your applica- tion before or on the submittal deadline date. k 9 Ccmrt Snrtnre - P.O- Rnx 601 - Winchester. Virginia - 22F(11 COUNTY of FREDERICK IDepartment of Planning and Development REQUEST FOR COMMENTS. John T.P. Horne - Planning Director Stephen M. Gyurisin - Deputy Director 703/662-4532 TO: Mr. Herbert L. Sluder Sanitarian Frederick-Winchester.Health Department P.O. Box 2056 Winchester, Virginia 22601 (703) 667-9747 Located at the intersection of Smithfield Ave. & Brick Kiln Road FROM: John T. P. Horne, Planning Director DATE: w ,9 1 SUBJECT: Review Comments for Conditional Use Permit _ Rezoning Subdivision Site Plan Please review this request for a i. o c a t ea at gy : �< ,;s Cv Proposed building and improvements: This comment sheet must be returned to the Frederick County Department of Planning and Development, or the applicant, by for the meeting of Health Comments: co ;-r(4 Health Signature: Date: Applicant's Name: 4�?Izm/ IL Z Address: PO 4/ Phone Number: ('s/, fl_ R 9")("? I NOTICE TO APPLICANT: It is your responsibility to contact the Frederick -Winchester Health Department for comments on your project and to return all comments as part of your application before or on the submittal deadline date. 0 0111-t Cn„nr,- - P n Rnv A01 _ WinehPcter. Viroinin r '. ..,.. COUNTY of FREDERICK �c Department of Planning and Development M E M O R A N D U M Robert W. Watkins = Planning Director . 703/665-5651 Health Department , ATTN: Mr. Herbert L. Sluder Clearbrook Fire Company , ATTN: Mr. Ralph Robinson Inspections Department L,,/ATTN: Mr. John W. Dennison Planning Department , ATTN: Mr. Robert W. Watkins Zoning Department , ATTN: Mr. Robert W. Watkins FROM: Robert W. Watkins, Director DATE: January 14, 1986 SUBJECT: Review Comments On: X Conditional Use Permit Subdivision Rezoning Site Plan We are reviewing the enclosed request by Cheryl L. Anderson or their representative, Will you please review the attached and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: Signaturea"—),0Date 9 Court Square P.O. Box 601 - IWinchester, Virginia - 22601 >3z COUNTY ''of FREDERICK RECEIVED Department of Planning and Development `: DEPT. of PLANNING �+ M E M O R A N D U M Robert W. Watkins - Planning Director vle�,�ANDDEVELOPMENT �► 703/665-5651c! �� - Health Department /, ATTN: Mr. Herbert L. Sluder Clearbrook Fire Company IJ , ATTN: Mr. Ralph Robinson Inspections Department , ATTN: Mr. John W. Dennison Planning Department , ATTN: Mr. Robert W. Watkins Zoning Department , ATTN: Mr. Robert W. Watkins FROM: Robert W. Watkins, Director DATE: January 14, 1986 SUBJECT: Review Comments On: X Conditional Use Permit Subdivision Rezoning Site Plan We are reviewing the enclosed request by Cheryl L. Anderson or their representative, Will you please review the attached and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: CONI T l TONAL USE PERMIT 0 110VED Signature ze � Date YOU AY 22, 1986 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 uCv • 268 BOS Min* - 2/12/86 Mr. Stiles stated that Mr. Spangler wanted to add a sandwich shop in addition to what is already at the location and a sandwich shop is not a permitted use for a conditional use permit. CUP #001-86 - CHERYL L. ANDERSON - STONEWALL MAGISTERIAL DISTRICT - APPROVED Mr. Watkins presented this conditional use permit request and stated that it was unanimously approved by the Planning Commission with condi- tions. Mrs. Anderson appeared before the Board on behalf of her request. Mrs. Maddox asked if Mrs. Anderson was planning to purchase this property. Mrs. Anderson replied that it was contingent upon the Board's approval of her request presently before them. Mr. Orndoff asked Mrs. Anderson if she was planning to operate this business herself. Mrs. Anderson replied that she and her husband would be the operators and further that she planned on having 30 runs although she would have room for 60 dogs, her plans for now were for 30 dogs. Mr. Stiles stated that he had had a lot of citizens contact him with concerns about this request. Mr. Orndoff stated that he would like to add one additional condition and that being that all animals will be put inside no later than 9:00 P.M. Upon motion made by C. William Orndoff, Jr., seconded by Robert M. Rhodes and passed unanimously, the conditional use permit number 001-86 of Cheryl L. Anderson, P. O. Box 264, Stephenson, Virginia, for s Kennel was approved with the condition that all animals be put inside by 9:00 P.M. This property is identified as Parcel Number 100 on Tax Map Number 44 and is located at the Dead End of Route 836 in the Stonewall Magisterial District. ANNUAL REVIEW, RENEWAL, CANCELLATION AND AMENDMENT OF ALI CONDITIONAL USE PERMITS APPROVED BEGINNING JULY, 1979 BY THE PLANNING STAFF, PLANNING COMMISSION AND BOARD OF SUPERVISORS - APPROVED Mr. Watkins stated that he had been unable to get in touch with two residents, Charles J. Lizer, �f010-78 on Page 2 and Iva Petre #096-85 on Page 5. Mrs. Maddox stated that Mr. Lizer's property had been sold to Mr. and Mrs. Jack Black. The question as to whether this permit could be transferred from one property owner to another was raised and discussed with the Commonwealth's PC MINUTES - 215186 V, : CUP 001-96 Mr. Stiles moved to table this rezoning request to allow Mr. Spangler time to confer with the staff to determine what zoning would correctly reflect his intended use. This motion was seconded by Mr. DeHaven. BE IT RESOLVED, That the Frederick County Planning Commission does hereby table Rezoning Request #001-86 of Joseph K. Spangler to rezone 5 acres from A-1 to B-1 for a convenience store, gas station and snack bar. This property is located on Route 522 North in the Gainesboro Magisterial District. Conditional Use Permit #001-86 of Cheryl L. Anderson for a kennel to be located at the end of Route 836 in the Stonewall Magisterial District. ACTION - Approved Mr. Watkins read a letter from an adjoining property owner who was in favor of the conditional use permit. Upon motion made by Mr. Golladay and seconded by Mr. McDonald, the letter was made a part of the official record as follows: January 29, 1986 3939 Fredericksburg Rd. G-5 San Antonio, Texas 78201 Planning Director County of Frederick 9 Court Square Winchester, VA 22601 Ref: Application of Cheryl L. Anderson for a kennel. Route 836. Dear Mr. Watkins: Due to the size of the Anderson property and its proximity to their neighbors, we can think of no reason why their application should not be approved. Request you rule in her favor. cc: Mrs. Anderson Respectfully, Charles B. Kelley Mrs. Cheryl L. Anderson, applicant, said that she was approved once before in the Shawnee area; however, due to the cost of the sand filtration system, she did not purchase that property. Mrs. Anderson said that with this new property, the operation will be the same as stated for the previous application. Mrs. Anderson said that if this conditional use permit is approved, the house and kennel will be constructed simultaneously. She added that the kennel will not be put into operation until she is physically living on the property. 2190 -7- Mr. Stiles asked ,how far the kennel would be from the nearest house. Mrs. Anderson replied that it would be about one half mile from the nearest home. Mrs. Stiles stated that one of the neighbors had expressed opposition, but Mr. Stiles felt this neighbor did not fully understand the distances involved. Upon motion made by Mr. DeHaven and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Conditional Use Permit #001-86 of Cheryl L. Anderson for a kennel on Route 836, Stonewall Magisterial District, with, the following conditions: 1) This is a one year permit to be reviewed and renewed annually by the staff, Planning Commission, and Board of Supervisors. 2) If the use, occupancy, or ownership of the property changes, this conditional use permit shall expire and a new conditional use permit will be.required. 3) The kennel will not be put into operation until the house is constructed and occupied. Discussion with Wellington Jones, Engineer -Director of the Frederick County Sanitation Authority, on the Feasibility of a Package Treatment Plant in the Clearbrook Area. Mr. Jones described the technical aspects and service area for. the proposal of a package.treatment plant for the Clearbrook area. Mr. Stiles asked if it would be economically feasible to relocate if it is determined that a sewer system of greater scope is desired for the Clearbrook area. Mr. Jones said that it would be economically feasible to relocate the plant in the future if desired. Mr. Stiles inquired if the water quality would be improved in the immediate area. Mr. Jones said that any water from malfunctioning septic systems draining into the creek would be improved by the treatment plant. Mrs. Copenhaver asked for the cost of the system. Mr. Jones replied that $12,000 would be a high estimate for an installed system. Mr. Jones inquired on the service area proposed by the Planning Commission. Mr. Stiles replied that it should take care of the natural drainage area and not go west of I-81. Mr. Stiles felt that the intent of the whole proposal was to deal with problems that exist on existing businesses or on land that is presently zoned but cannot be developed without some sort of sewerage provisions. Upon motion made by Mr. Stiles and seconded by Mr. DeHaven, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recognize that the package treatment plant proposal for the Clearbrook area 2191 �j Q : CL) d COUNTY of FREDERICK Department of Planning and Development Robert W. Watkins - Planning Director 703/665-5651 February 20, 1986 Mrs. Cheryl L. Anderson P.O. Box 264 Stephenson, Virginia 22656 Dear Mrs. Anderson: This letter is to confirm the Frederick -County Board of Supervisors' action at their meeting of February 12, 1986: Approval of Conditional Use Permit #001-86 of Cheryl L. Anderson for a kennel to be located at the end of Route 836 in the Stonewall Magisterial District with the following conditions: 1. This is a one-year permit to be reviewed and renewed annually by the staff, Planning Commission, and Board of Supervisors. 2. If the use, occupancy, or ownership of the property changes, this conditional use permit shall expire and a new conditional use permit will be required. 3. The kennel will not be put into operation until the house is constructed and occupied. 4. All animals will be locked inside at 9:OO p.m. If you have any questions regarding your conditional use permit, please do not hesitate to call this office. Sincerely, Robert W. Watkins Planning Director RWW/rsa cc: Eston 0. Rudolph, Jr., Commissioner of Revenue George B. Whitacre, Circuit Court Clerk 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 1 APPLICATION FOR CONDITIONAL USIOPERMIT IN THE COUNTY OF FREDERICK, VIRGINIA 001-e46 Conditional Use Perm't No. Off%-8!0 Application Date I �IU 1tto Fee Paid 1. The applicant is the owner Submittal Deadline is For the Meeting of other )( (check one) Q -Aur OWNER: OCCUPANT: (if other than owner) 2. NAME: R,1A01J NAME: ADDRESS: ADDRESS: 00 TELEPHONE: TELEPHONE: 3. Th proper is l29tee at(please give exact directions) Zia �83 6 ,p�� 4. The property fronts state route �� and consists of acres. (Please be exact) Ahu> 3 3 -714,IES 5. The proper y is own d by as evidenced by deed from recorded in deed book no. on page I , regifdtry-6f the County of gV666 ,boo 0000 0000 0 /oo --o 6. This property i$Aesignated as parcel no. f 60 on tax map no. L/600in the Magisterial Magisterial District. 7. The type of use proposed is 8. It is proposed that the following additionsZimprovemen s to existing buildings will be constructed. 9. Its is proposed that the following �bui ldogs will be constructed: 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. (Use additional pages if necessary). These people will be notified by mail of this application. NAME _.� . OC� A dress: 7Jt Ila l�S Propert ID# : Y6 Wy aoa o o eeadv 0 ca2. o8� �R C: y Q - Address: 'A fio� r 9 Property ID#: 009 -e i- p o - a - Wo -oo 9 q Address: 37 ert ID# 0000, ff/_ z ' - M 0000 - C�10 / -o 4. � �� �� `�kV �, la3 Ad_dress: 7 Property ALL IW4000, 6�e) 1 ko - 66o0 - 0000 - 0163.0 v 7A�a/ 1 Page Two • Conditional Use Pe fit NAME 5. Address: Property ID#: 6. Address: Property ID#: 7. Address: Property ID#: 8. Address: Property ID#: 9. Address: Property ID#: 10. Address: Property ID#: 9. Additional comments, if any I (we), the undersigned, do hereby respectfully agree to comply with any conditions required by the Board of Supervisors of the County of Virginia, and authorize the County to go upon the property for the purpose of making site inspections. Signature of Owner: Signature of Applicant: Complete Mailing Telephone Number: For Office Use Only PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date)0. J DApproval Denial SECRETARY (signed) i t BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) —ley CSC% Approval Denial COUNTY ADMIN. (signed) Thomas A. Shultz, Jr. Harrison & Johnston, Attorneys at Law P.O. Box 809 Winchester, Virginia 22601 Dear Mr. Shultz, COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703 / 667-0370 September 11, 1989 In response to your letter of August 25, 1989, regarding the application for building permit of Mark and Cheryl Anderson, the position of the County has not changed since I last wrote you on August 18, 1989. The building permit which has been applied for will not be issued prior to the application for, and approval of, a revised conditional use permit. Respectfully,✓ Rris C. Tiern� Deputy Director cc: Lawrence R. Ambrogi 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 COUNTY of FREDERICK IDepartment of Planning and Development 703/665-5651 FAX 703 / 667-0370 Thomas A. Schultz, Jr. Harrison and Johnston Attorneys at Law P.O. Box 809 Winchester, Va. 22601 Dear Mr. Schultz, August 18, 1989 I am writing in response to your letter of August 16, 1989, regarding the application of Mr. and Mrs. Mark Anderson for a building permit to expand the structure housing their kennel operation. As you state in your letter, the Andersons did in fact make application on August 3, 1989 for a building permit. Knowing something of the history of the Anderson's kennel I was curious as to the nature of the requested expansion. Following a discussion with Mr. Anderson and a review of the construction drawings it was my decision to request guidance from the Frederick County Planning Commission. Specifically, I requested their opinion as to whether or not the proposed addition was significant enough to require a revision to the Anderson's Conditional Use Permit for the kennel. At their August 16, 1989 meeting the Planning Commission instructed me to require a revised CUP, including public hearings, for the proposed addition. I am hereby instructing the Anderson's via copy of this letter that approval of a revised CUP will be required prior to issuance of the permit applied for. :=If you have questions regarding this matter please feel free to contact me. Sincerely, Kris C. Tierney cc: Mr. Mark Anderson Lawrence Ambrogi 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 HARRISON 8 JOHNSTON BURR P. HARRISON 1904-1973 ATTORNEYS AT LAW MAILING ADDRE55: WILLIAM A. JOHNSTON WINCHESTER, VIRGINIA 22601 P. O. BOX 809 H. K. BENHAM ID BILLY J. TISINGER TELEPHONE THOMAS A. SCHULTZ, JR. RONALD J. BROWN 21 50UTH LOUDOUN STREET AREA CODE 703 BRUCE E. DOWNING 667-1266 ELIZABETH B.JOHNSTON August 25, 1989 Kris Tierney, Deputy Director Frederick County Planning & Development Department 9 Court Square Winchester, Virginia 22601 Dear Mr. Tierney: I am in receipt of your letter dated August 18, 1989 which was received on August 22, 1989. My clients are entitled, under the law, to the issuance of a building permit based on the documentation and approvals that are presently in place. As indicated in my letter dated August 16th, and as you know, a conditional use permit was issued to the Ander- sons on February 12, 1986 which allowed the kennel use of their property. The building that is presently proposed, in connection with such kennel use, would have been allowed in 1986, when the original conditional use permit was authorized and approved by the Board of Supervisors. As you know, such conditional use permit has been renewed each year since its original granting. The building that is proposed will simply add to the office area, will enclose the existing kennel space (which will only serve to further reduce any noise) and will add an indoor training area. The action of the County, if in fact you do deny the Andersons a building permit, will be "arbitrary and capricious" and in violation of the rights of the Andersons. I would hope that the County would not engage in such conduct and I therefore advise you that my clients, because it is not required, will not file any "revised CUP" as set forth in your letter. If in fact you claim there is any other reason for the denial of the building permit (if that is in fact what the County finally decides) other then the failure to file a revised "CUP" I would ask that you so advise me in writing immediately. I will await your response as to whether or not the building permit will be issued as is required by law. cc: Mr. & Mrs. Mark D. Anderson Lawrence R. Ambrogi Sincerely, Thomas A. Schulte ,. i f PR AUG 2 81989 LSGL19UV AUG 1 6 M WILLIAM A. JOHNSTON H. K. BENHAM III BILLY J. TISINGER THOMAS A. SCHULTZ, JR. RONALD J. BROWN BRUCE E. DOWNING ELIZABETH B.JOHNSTON HARRISON & JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRGINIA 22601 21 SOUTH LOUDOUN STREET August 16, 1989 Kris Tierney, Deputy Director Frederick County Planning & Development Department 9 Court Square Winchester, Virginia 22601 Dear Mr. Tierney: MAILING ADDRESS: P. O. BOX 809 Hand Delivered TELEPHONE AREA CODE 703 667-1266 This firm represents Mr. and Mrs. Mark D. Anderson of Frederick County, Virginia. As you know, Mr. and Mrs. Anderson own the property consisting of approximately 33 acres, which is situate at the end of Route 836 in Stonewall Magisterial District in Frederick County. As you also know, a Conditional Use Permit was issued by the Frederick County Board of Supervisors on February 12, 1986, bearing number 001-86, in the name of Cheryl L. Anderson. For your information, I enclose herewith a copy of such Conditional Use Permit. This Conditional Use Permit has, of course, been renewed each year since such February 12, 1986 and is presently in place. On August 3, 1989 it is my understanding that the Andersons made application to your office for the issuance of a building permit in connection with some additional construction to be done on their property which will be used as part of the kennel opera- tion. Under the law the Andersons are entitled to the building permit for which they have applied. As you know the "use, occupancy or ownership" of the property has not changed in any way since the original Conditional Use Permit was granted. The original use that was allowed is a kennel operation and the additional space will be used in connection with the same function. As you can see there is nothing at all in the Condi- tional Use Permit presently in place which would, in any way, limit the right of Cheryl L. Anderson to use the property for the kennel operation provided she is in compliance with all other legal requirements. On behalf of my clients I respectfully request that your office immediately issue the building permit which has been applied for. Sincerely yours, Thomas A. Schultz, Jr. TAS,JR:mlk cc: Mr. and Mrs. Mark D. Anderson Enclosure COUNTY of FREDERICK IDepartment of Planning and Development 703/665-5651 FAX 703/667-0370 MEMORANDUM TO: Planning Commission Members FROM: KCT, Deputy.Director DATE: August 9, 1989 RE: Anderson CUP #001-86 Mark Anderson has applied for a building permit to put an addition on to the existing Aberdeen Kennels. The proposed addition consists of approximately 7,500 sq.ft. The use proposed is an obedience training area (+,- 1600sq.ft.), a dog play area (+,- 3700sq.ft.), a puppy play area (+,- 870sq.ft.), and a second story office/lounge/storage area (+,- 1300sq.ft.) which would include a full bathroom and kitchen. The staff is requesting guidance as to whether or not the proposed addition is substantial enough to require an amendment to the CUP granted for the original kennel? 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 • AKC ROTTWEILERS BOARDING KENNELS AND STABLES Mr. Kris C. Tierney County Of Frederick Planning and Development P.O. Box 601,9 Court Square Winchester, Va 22601 Mr. Tierney: In regard to our conversation in your office on 8-3-89 at 12:05 P.M. this correspondence is to confirm the cancellation of the pending request for an amendment to our current conditional use permit. On the advise of counsel I requested that you make this effective at the time of our meeting. This letter of confirmation is to comply with your instructions. Sincerely, Mark D. Anderson MARK & CHERYL ANDERSON Located on Route 836 • P.O. Box 220 • Stephenson, Virginia 22656 0 (703) 667-7809 9 COUNTY & FREDERICK Departments of Planning and Building 703/665-5656 January 24; 1989 Mrs. Cheryl Anderson P.O. Box 220 Stephenson, Virginia 2265.6 Dear Mrs. Anderson: I am writing in response to our phone conversation of January 24, 1989, regarding the proposed addition to your existing kennel facility. _ As we discussed, the addition you describe is a significant change in use and would warrant a revision to your present conditional use permit. In reference to a refund of your building permit fee, I spoke with Kenneth ---------Coffe1t,- the Director - of .the - Building- Department. -Mr. CoffeIt informs me that a written request must be made to the Building Department. If I can be of any assistance or if you have any additional questions, please feelO free to contact me. Sincerely, Kris C. Tierney ° Planning Deputy Director C. KCT/rsa bc: Robert W. Watkins, Planning.Director 9 Court Square P.O. Box 601 Winchester, Virginia 22601 - 3 - business office center. Along with extensive restrictive covenants, Mr. Butler said that arrangements have been made to use underground power lines, curb and gutter. He added that the 70 foot wide entrance road will be enhanced by an island. Mr. Wilson commented that the Declaration of Protective Covenants and Restrictions was stamped, "preliminary draft for discussion only" and the text of the covenant stipulated that, "...the connecting road between Victory Lane and Route 50 will be complete within 18 months." Mr. Wilson was concerned that this statement might be deleted from the draft at a later date. He felt that since the master plan was approved with the road, he did not want to see development without the road connection in place. The Planning Commission noted that restrictive deed covenants could not be enforced by the Planning Commission. They also noted that there was nothing in the ordinance that would require the applicant to extend the road to undeveloped land: Mr. Butler assured the Commission that development would not take place in the interior of the development until a road was in place. However, he felt that his clients should not be given a deadline for the road to be completed. Mr. Wilson felt this project would be a great asset to this area of the County and moved for approval. This motion was seconded by Mr. Romine. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the Final Subdivision Plat of the Airport Corporate Center for one lot (30.0000 acres), zoned M-1, for business and industrial uses. This property is located on US Route 50 East in the Shawnee Magisterial District. PUBLIC HEARING Amended Conditional Use Permit #001-86 of Cheryl L. Anderson for the addition of 40 kennel runs to her existing kennel in the Stonewall District. Action - Denied Mr. Watkins noted that this item was tabled from the last Planning Commission meeting in order for the applicant to submit an informal site plan and kennel design for noise control and screening. Mrs. Cheryl Anderson, the applicant, noted that a site plan had been submitted to the Planning staff as requested by the Commission. Mrs. Anderson also introduced Mr. Keith Williams, with Keith Williams & Associates Architects, who prepared a detailed report on sound and noise levels. Mr. Keith Williams, of Keith Williams & Associates Architects, 2786 - 4 - 0 explained the report he prepared on the acoustics situation in relation to the neighbors. Mr. Williams' report suggested building provisions to minimize noise transmission and also attempted to.prove that the neightbors' complaints, ie. that the dogs' barking was becoming a mental nuisance, were unfounded and unsubstantiated. According to his studies, Mr. Williams felt that the neighbors could not be hearing the Anderson's dogs after 9:00 p.m. when they were locked inside the kennel. Chairman Brumback called for anyone wishing to speak in opposition and Mr. Esten Rudolph III, resident of the area, came forward. Mr. Rudolph said that he has lived in the area since 1971 and last summer was the first summer that he could not sleep at night due to dogs barking. Mr. Rudolph said that he did not want 40 additional dogs at the site. J Mr. McDonald asked for a traffic count on Route 836 during peak periods. Mrs. Anderson said she made a traffic count using the months of June, July, August and September, for a total of 122 days. She said that this averaged approximately four cars per day going in and out of the kennel. She said that there were 45 days with more than four cars per day and 77 days with less than four cars per day. Mrs. Anderson said that there were two big days, July 25 and August 15, with 14 cars and 15 cars respectively. It was noted that Mrs. Anderson had upgraded and.maintained the road to the kennel. Mrs. Anderson felt neighbors who were complaining of dogs barking were hearing dogs running at large in the neighborhood and not dogs in her kennel. Mrs. Copenhaver felt that this particular kennel was the best in the area and that this service was needed in Frederick County. Mrs. Copenhaver added that when the Commission first approved this conditional use permit, the Commissioners felt this was an ideal location because it had quarries on two sides and because it was located quite a distance away from other houses. Mr. Stiles said that he did not have any question about the quality of this facility. Mr. Stiles said that every time dog kennels have been proposed for an area, the Commission has always considered the opinion of the neighbors. In response to letters in the newspaper, Mr. Stiles said that he had no personal grudge against Mrs. Anderson. Mr. Stiles said that the previous two times that Mrs. Anderson had come before the board requesting a kennel, he had voted in favor of her request. Mr. Stiles felt that the limit on the number of dogs at this location had been reached. Mr. DeHaven said that the neighbors feel they can accept the 30 dogs currently at the kennel, but did not want to have any additional dogs at this same location. Mr. DeHaven moved for denial and this motion was seconded by Mr. Stiles. BE IT RESOLVED, That the Frederick County Planning Commission does hereby deny Amended Conditional Use Permit #001-86 of Cheryl L. Anderson for the addition of 40 kennel runs to her existing kennel. This property is located at the dead end of Route 836 in the Stonewall Magisterial District. 2787 - 5 - m The vote on this request was: YES (TO DENY): Stiles, Sherwood, Golladay, DeHaven, Wilson, Romine 90: Copenhaver, McDonald, Brumback SANITATION AUTHORITY REQUEST FOR A WATER MAIN EXTENSION ALONG ROUTE 277 Mr. Watkins said that the Frederick County Sanitation Authority, at the request of the developers of Wheatlands and the Virginia Department of Corrections, has requested that a proposal to extend a 12-inch water line along Route 277 to the Frederick County line be reviewed by the Planning Commission to determine whether it is in accordance with the Frederick County Comprehensive Plan. The Authority also proposes to construct a 400,000 gallon elevated storage tank near the intersection of Routes 277 and 641. Mr. Watkins said that the adopted Comprehensive Plan does not specifically address the extension of public water lines; however, the adopted Capital Improvements Plan does contain a project to extend sewer service along Route 277 to Sandy's Trailer Court, but not at the full length requested by the Authority. Mr. Watkins said that the staff's opinion is that the proposed water extension should be considered for adoption into the proposed update of the Comprehensive Plan. He said that in the meantime, however, it is difficult to determine that it is in conformance with the current plan. It was the staff's opinion that the proposed water tank was in conformance with the Plan. It was noted by the Planning Commissioners that the Board of Supervisors had already approved this request, Mr. Stiles said that the Board of Supervisors' reaction was that the Route 277 water line was in the Capital Improvements Plan and, therefore, in conformance with the Comprehensive Plan. He noted that the land beyond Sandy's Trailer Park is already zoned for development. Mr. Stiles explained how the line would be paid for, as follows: The County and the Sanitation Authority are paying to run the line to Sandy's Trailer Park. Beyond that point, Mr. Glaize and Mr. Bowman are paying to run the line to their property (Wheatlands), down Route 277. At some point off of the Bowman and Glaize property, the State, through Camp 7, is going to pay to run a lateral extension off of this line. By Bowman and Glaize running this line to Wheatlands, they are allowing service to be provided to residents of the area, that could not be provided any other way. It was noted that it was not cost effective for the Sanitation Authority to provide the service in this area. The installation of a water tower east of Stephens City is a part of this project for several reasons. It will provide pressure for the Route 277 line; but more importantly, it will solve the pressure problems experienced in the Lakeside/Fredericktowne area. Whether the Route 277 water line is extended or not, the Sanitation Authority has stated that it needs to build a water tower at this location and cannot afford to do so without the participation of the other parties. approved. BE IT RESOLVED, That the Frederick County Planning Commission has hereby determined that a conditional use permit is not required for a family cemetery plot and, therefore, Conditional Use Permit #012-88 of Pat Himelright should be dropped and the application fee refunded. Amended Conditional Use Permit #001-88 of Cheryl L. Anderson for the addition of 40 kennel runs to the existing kennel, located in the Stonewall Magisterial District. Action - Tabled for 30 Days Mr. Watkins said that this facility requires State Water Control Board approval rather than Health Department approval because it involves animal or industrial waste. Mr. Watkins said that he spoke with the State Water Control Board and they confirmed that the Andersons have a separate septic drainfield system for the animal facility. Mr. Watkins presented a letter from Mr. Charles B. Kelly, an adjoining property owner, who had requested a 30 day extension of the request because the property is jointly owned by his son in Houston, Texas, another son in Dallas, Texas, and himself, from San Antonio, Texas. Mr. Watkins said that Mr. Kelly has requested the extension in order to coordinate a joint position of the three owners. Mr. Watkins also presented a petition from residents. in the area who were opposed to 40 additional kennel runs. Upon motion made by Mr. Golladay and seconded by Mr. Stiles, the Commission unanimously agreed to make the letter and petition a part of the official record, as follows: 2768 YES (TO APPROVE): Mrs. Copenhaver and Messrs. McDonald, Stiles, Myers, Golladay, Brumback, Romine NO (TO DENY): Mr. DeHaven ABSTAIN: Mr. Wilson Cancellation of Conditional Use Permit #001-86 of Cheryl L. Anderson for a kennel at the dead end of Route 836 in the Stonewall District. Action - Permit Renewed Mr. Watkins said that as a part of the annual conditional use permit review and as requested by the Planning Commission and the Board of Supervisors, the staff has advertised Conditional Use Permit #001-86 of Cheryl L. Anderson for cancellation. Mr. Thomas Louthan, attorney representing Mrs. Anderson, requested that the Commission renew the permit. Mr. Louthan said that this permit was approved on February 5, 1986 by the Commission and February 12, 1986 by the Board. He said that Mrs. Anderson purchased this property contingent on the approval of the conditional use permit. Mr. Louthan said that the Commission conditioned that permit upon the construction and occupancy of the home prior to the operation of the kennel. Mr. Louthan said that the Andersons have invested over $214,000 into the property. Mr. Louthan said that due to the building boom in the area, the construction of the home was delayed. He said that the Andersons were given the occupancy permit for their home in March of 1986. He said that they applied for and were granted a building permit for the kennel in April of this year. Mr. Stiles said that the building permit was issued on May 12, 1987 for the dog kennel. He said that it should not have been issued because their conditional use permit had not been renewed at that point. Mr. Golladay stated that the Commission has had problems with dog kennels in the County. Mr. Golladay asked Mr. Louthan if both he and his client understood that if problems arise with the dog kennel, the next time the permit comes up for renewal; it could be denied, regardless of how much money was invested, and Mrs. Anderson would then be out of business on the dog kennel. Mr. Louthan said that both he and Mrs. Anderson were aware of this. Mr. Stiles said that he had at least three neighbors approach him about the dog kennel that was going to be constructed. Mr. Stiles said that there has been several instances were the Andersons were having trouble with the neighbors. If neighbors get along, kennels do not create such a problem, but if there are problems between neighbors, kennels can present a problem. Mr. Stiles said that the Andersons are proceeding to build under a building permit issued to them. He said they had no way of knowing that the permit should not have been issued, so in that regard some consideration is entitled to them. 2464 IT • 0 - 10 - 0 Mrs. Anderson said that she called the office in April and questioned the status of the conditional use permit. She said that she was advised that the conditional use permit should have been renewed in January or February, but had not been; and if she had not heard from the Board of Supervisors or Commission, then all was well. She said the first she heard that this was to be cancelled was when Mr. _Watkins called her at work and told her it had come up. Mrs. Anderson next explained her situation with the neighbors. Mr. Greg Roberts, a neighbor, said that when the initial proposal for the kennel was made he did not have any objections. Mr. Roberts said that even now, after he has gotten to know the Andersons, he still has no objections to the kennel. He said he would have objections to additional traffic, however. Mr. Stiles moved to renew the permit with the existing conditions and with the amendment to condition number four to state that the animals will be locked inside from 9:00 p.m. to 7:00 a.m. Mr. Stiles said that if the kennel creates a problem for the neighbors, next year when all permits are reviewed and renewed, that he would argue to cancel the permit. He said the fact that the Andersons have invested money will have no bearing. This motion was seconded by Mr. DeHaven. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the renewal of Conditional Use Permit #001-86 of Cheryl L. Anderson for a kennel to be located at the end of Route 836 in the Stonewall Magisterial District with the following conditions: 1. This is a one-year permit to be reviewed and renewed annually by the staff, Planning Commission, and the Board of Supervisors. 2. If the use, occupancy, or ownership of the property changes, this conditional use permit shall expire and a new conditional use permit will be required. 3. The kennel will not be put into operation until the house is constructed and occupied. 4. All animals will.be locked inside from 9:00 p.m. until 7:00 a.m. WORKSESSION SCHEDULED Upon motion made by Mr. Stiles and seconded by Mr. Golladay, the Planning Commission unanimously voted to have their worksession on August 3, 1987 at 7:00 p.m. rather than on July 28, 1987. ADJOURNMENT There being no other business to discuss, the meeting adjourned. Respectfully submitted, Fr nk Bru ack, hairman "16bert W. Watkins, Secretary 2465 • COUNTY of FREDERICK Department of Planning and Development Robert W. Watkins - Planning Director 703/665-5651 February 20, 1986 Mrs. Cheryl L. Anderson P.O. Box 264 Stephenson, Virginia 22656 Dear Mrs. Anderson: This letter is to confirm the Frederick County Board of Supervisors' action at their meeting of February 12, 1986: Approval of Conditional Use Permit #001-86 of Cheryl L. Anderson for a kennel to be located at the end of Route 836 in the Stonewall Magisterial District with the following conditions: 1. This is a one—year permit to be reviewed and renewed annually by the staff, Planning Commission, and Board of Supervisors. 2. If the use, occupancy, or ownership of the property changes, this conditional use permit shall expire and a new conditional use permit will be required. 3. The kennel will not be put into operation until the house is constructed and occupied. 4. All animals will be locked inside at 9:00 p.m. If you have any questions regarding your conditional use permit, please do not hesitate to call this office. Sincerely, Robert W. Watkins Planning Director RWW/rsa cc: Eston 0. Rudolph, Jr., Commissioner of Revenue George B. Whitacre, Circuit Court Clerk 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 Mr. ;1es stated that Mr. Spangler wanted to 0.0dwich a sandwich shop in addition to what is already at the location and a shop is not a permitted use for a conditional use permit. \Ac-U 1,p, kclRls CUP #001-86 - CHERYL L. ANDERSON STONEWALL MAGISTERIAL DISTRICT - APPROVED Mr. Watkins presented this conditional use permit request and stated that it was unanimously approved by the Planning Commission with condi- tions. Mrs. Anderson appeared before the Board on behalf of her request. Mrs. Maddox asked If Mrs. Anderson was planning to purchase this property. Mrs. Anderson replied that it was contingent upon the Board's approval of her request presently before them. Mr. Orndoff asked Mrs. Anderson if she was planning to operate this business herself. Mrs. Anderson replied that she and her husband would be the operators and further that she planned on having 30 runs although she would have room for 60 dogs, her plans for now -were for 30 dogs. Mr. Stiles stated that he had had a lot of citizens contact him with concerns about this request. Mr. Orndoff stated that he would like to add one additional condition and that being that all animals will be put- inside no later than 9:00 P.M. Upon motion made by C. William Orndoff, Jr., seconded by Robert M. Rhodes and passed unanimously, the conditional use permit number 001-86 of Cheryl L. Anderson, P. 0. Box 264, Stephenson, Virginia, for a Kennel was approved with the condition that all animals be put inside' by 9:00 P.M. This property Is 'Identified as' Parcel Number 100 on Tax Map Number 44 and is located at the Dead End of Route 836 In the Stonewall Magisterial District. ANNUAL REVIEW NCELLATION AND AMENDMENT OF ALL Mr. Watkins stated that he had been unable to get in touch with two residents, Charles J. Lizer, #010-78 on Page 2 and Iva Petre #006-85 on Page 5. Mrs. Maddox stated that Mr. Lizer's property had been sold to Mr. and Mrs. Jack Black. The question as to whether this permit could be transferred from one property owner to another was raised and discussed with the Commonwealth's -6- / l p/e, Mr. Stiles moved to table this rezoning request to allow Mr. Spangler time to confer with the staff to determine what zoning would correctly reflect his intended use. This motion was seconded by Mr. DeHaven. BE IT RESOLVED, That the Frederick County Planning Commission does hereby table Rezoning Request #001-86 of Joseph K. Spangler to rezone 5 acres from A-1 to B-1 for a convenience store, gas station and snack bar. This property is located on Route 522 North in the Gainesboro Magisterial District. Conditional Use Permit #001-86 of Cheryl L. Anderson for a kennel to be located at the end of Route 836 in the Stonewall Magisterial District. ACTION - Approved Mr. Watkins read a letter from an adjoining property owner who was in favor of the conditional use permit. Upon motion made by Mr. Golladay and seconded by Mr. McDonald, the letter was made a part of the officialrecord as follows: January 29, 1986 3939 Fredericksburg Rd. G-5 San Antonio, Texas 78201 Planning Director County of Frederick 9 Court Square Winchester, VA 22601 Ref: Application of Cheryl L. Anderson for a kennel. Route 836. Dear Mr. Watkins: Due to the size of the Anderson property and its proximity to their neighbors, we can think of no reason why their application should not be approved. Request you rule in her favor. Respectfully, Charles B. Kelley cc: Mrs. Anderson Mrs. Cheryl L. Anderson, applicant, said that she was approved once before in the Shawnee area; however, due to the cost of the sand filtration system, she did not purchase that property. Mrs. Anderson said that with this new property, the operation will be the same as stated for the previous application. Mrs. Anderson said that if this conditional use permit is approved, the house and kennel will be constructed simultaneously. She added that the kennel will not be put into operation until she is physically living on the property. 2190 V Mr. Stiles asked how far the kennel would be from the nearest house. Mrs. Anderson replied that it would be about one half mile from the nearest home. Mrs. Stiles stated that one of the neighbors had expressed opposition, but Mr. Stiles felt this neighbor did not fully understand the distances involved. Upon motion made by Mr. DeHaven and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Conditional Use Permit #001-86 of Cheryl L- Anderson for a kennel on Route 836, Stonewall Magisterial District, with the following conditions: 1) This is a one year permit to be reviewed and renewed annually by the staff, Planning Commission, and Board of Supervisors. 2) If the use, occupancy, or ownership of the property changes, this conditional use permit shall expire and a new conditional 'use permit will be required. 3) The kennel will not be put into operation until the house is constructed and occupied. Discussion with Wellington Jones, Engineer -Director of the Frederick County Sanitation Authority, on the Feasibility of a Package Treatment Plant in the Clearbrook Area. Mr. Jones described the technical aspects and service area for the proposal of a package treatment plant for the Clearbrook area. Mr. Stiles asked if it would be economically feasible to relocate if it is determined that a sewer system of greater scope is desired for the Clearbrook area. Mr. Jones said that it would be economically feasible to relocate the plant in the future if desired. Mr. Stiles inquired if the water quality would be improved in the immediate area. Mr. Jones said that any water from malfunctioning septic systems draining into the creek would be improved by the treatment plant. Mrs. Copenhaver asked for the cost of the system. Mr. Jones replied that $12,000 would be a high estimate for an installed system. Mr. Jones inquired on the service area proposed by the Planning Commission. Mr. Stiles replied that it should take care of the natural drainage area and not go west of I-81. Mr. Stiles felt that the intent of the whole proposal was to deal with problems that exist on existing businesses or on land that is presently zoned but cannot be developed without some sort of sewerage provisions. Upon motion made by Mr. Stiles and seconded by Mr. DeHaven, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recognize that the package treatment plant proposal for the Clearbrook area 2191 COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 M E M O R A N D U M TO: Virginia Dept. of Transportation , ATTN: Mr. William H. Bushman Insp_ec_t:.o.ns_De.partment "--- , ATTN: Mr. Kenne.th._L:.. Cof.fet- - Planning and Zoning Department , ATTN: Mr. A. Bray Cockerill' FROM: Robert W. Watkins, Director DATE: December 21, 1988 SUBJECT: Review Comments On: X Conditional Use Permit Site Plan Subdivision Preliminary Master Development Plan We are reviewing the enclosed request by Cheryl L. Anderson (off -site sign) or their representative, Please review the attached information and return your comments as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: -/�V s("�-a (ny/9 4) I Us e o FA �� � � � /lips r-C�u� � ��h�// ✓%/ �f 7-0 Signature --S p� Date 9 Court Square - P.O. Box 601 Winchester, Virginia - 2260,1 APPLICATION FOR CONDITIONAL USE PERMIT IN THE COUNTY OF FREDERICK, VIRGINIA Conditional Use Permit No. Submittal Deadline is Application D to For the Meeting of Fee Paid 1. The applicant is the owner other 4*� (check one) OWNER: 2. NAME: �C d�u //I' OCCUPANT: (if other than owner) a VQ. NAME: ADDRESS: ADDRESS: TELEPHONE: TELEPHONE: 3. The p,�.perly 'octe, at ( lea yive exact directions) c.Y�h�',?t,2,z�Gc � 4. The property fronts state route and consists of acres. (Please be exact) 5. The property is owned by &weyt,,�� UG, as evidenced by deed from recorded in deed book no. on page registry of the County of /' PROPERTY TDENTIFTCATION NO. (Ptease tLs.t 21-digit #):/jlC4Joni % o �_,:�f4 6. This property is designated as parcel no. on tak map no. in the Magisterial District.�P�_adll 7. The type of use proposed is� 8. It is proposed that the following additions/improvements to existing buildings will be constructed. 9. It is proposed that the following buildings will be constructed: 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. (Use additional pages if necessary). These people will be notified by mail of this application. (PLEASE LIST COMPLETE 21-DIGIT NUMBER) VAMP. 1. A ,Le ss Property 0-, I - _ 2.- Add e s: /) w Property ID Add�s' D u� o JProLJerty ID# � iCU dC Add ess. �7 PropertyIfD#: 9c�62 y C500 —L)doo — c�00 — DD 96( -e • • Page Two Conditional Use Permit NAME 5. Address: Property ID#: 6. Address: Property ID#: 7. Address: Property ID#: 8. Address: Property ID#: 9. Address: Property ID#: 10. Address: Property ID#: 9. Additional comments, if any I (we), the undersigned, do hereby respectfully agree to comply with any conditions required by the Board of Supervisors of the County of Virginia, and authorize the County to go upon the property for the purpose of making site inspections. Signature of Owner: _V-1� C !: Signature of Appl Complete Mailing Telephone Number: For Office Use Only PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) Approval a Denial SECRETARY (signed) BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) Approval = Denial COUNTY ADMIN. (signed) Page Three Conditional Use Permit Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. R T I 1 iv O)a�A 1. V TO: rginia f COUNTY of FREDERICK ICY /Departments of Planning and Building °3 c0'O1 4 ,���y ��,q 703/665-5650 Tr104 AW4DU17 . of Transport Mr William H. Bushman y •. / Inspections Department , ATTN: Mr. Kenneth L. Coffelt Planning and Zoning Department , ATTN: Mr. A. Bray Cockerill FROM: Robert W. Watkins, Director DATE: December 21, 1988 SUBJECT: Review Comments On: X Conditional Use Permit Site Plan Subdivision Preliminary Master Development Plan We are reviewing the enclosed request by Cheryl L. Anderson (off -site sign) or their representative, Please review the attached information and return your comments as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF VIRGINIA, NO PRIVATE SIGN CAN BE PLACED WITHIN THE STATE'S RIGHT-OF-WAY, PRIOR TO EREETON. A PERMIT WILL HAVE TO BE APPLIED FOR THROUGH OUR DISTRICT OFFICE IN STAUNTON. YOU MAY DO SO BY CONTACTING PAR. CARL MILER AT 703-332-9142. Signature /�J. �� i3��,.` Date ) Z/ Zv��9 9 Court Square - P.O. Box 601 Winchester, Virginia - 22601 010 September 26,1988 3939 Fredericksburg Rd. G-5 San Antonio, Tx. 78201 Mr. Robert W. Watkins, Director Dept. of Planning and Building s County of Frederick 9 Court Square Winchester, Virginia 22601 Subj: Conditional Use Permit #001-86, Mark and Cheryl Anderson. Your letter of Sept. 21, 1988,recieved Sept. 24, 1988. Ref: Telephone converation between Mr. Watkins and Mr. Kelley Sept.26,1988. Dear Mr. Watkins: Our property, adjoining the property referenced in Conditional Use Permit 001-86, is jointly owned by ourselves in San Antonio, a son in Dallas, and a son in Houston. In order to coordinate our joint position on the above permit, we respectfully request an extension of 30 days, so,we may fairly consider the opinions of all involved. Any information you can provide us that will assist in our determination will be most welcome. Your cooperation, and response to our request will be greatly appreciated. Sincerely, ' Charles B. Kelley 2769 �}/. .c i a�T }A� � .. ,�. �,r y.�-r �r��r �6 a� ,.r F. ,.- ��MYr- ♦..:?-c'�'.�?d'. • .. - 6 - • PETITION the Planning Commission We the undersigned residents of the Stephenson Area wish to protest the construction of 40 additional kennels for Cheryl L. Anderson, Application number CUP 001-86 for October 5, 1988 at 7:30P.M.. Our objections is the high noise level of the current installation. 2. i r 3. ' DI�' 5. 8 10. 12. 1� 13. 14. 15. 17. ti OCT i 988 'o C 2770 '' 0 - 7 - 0 Mrs. Cherly L. Anderson stated that she wanted the additional kennels to handle the overflow of dogs that needed to be boarded in the county. Mrs. Anderson said that she caters to people who care dearly about their dogs. She said that she provided a clean, odorless facility and explained that all the animal waste goes into a septic tank and not onto the ground or into a lagoon. Mrs. Anderson said that from the time she opened her kennel in November until last week, she had serviced several hundred.people in the community. She said that the kennel has been full the entire summer. She.explained that if she was not permitted to have additional 40 kennels, which is actually the number that she has had to turn away during the 4th of July and Labor Day weekends, she was afraid would be detrimental to her business because clients would go elsewhere the service. Mrs. Anderson pointed out that the majority of kennels in area are substandard. She also noted that she has tried to operate the, kennel as professionally as possible and has joined the Winchester - Frederick County Chamber of Commerce and the Business and Professional Womens League, as well as the American Boarding Kennel Association. Mrs. Anderson presented a petition consisting of 136 names of residents from the Stephenson/Clearbrook/Brucetown area and clients who were in favor of the additional 40 kennel runs. . Upon motion made by Mr. Golladay and seconded by Mr. Stiles, the Commission voted unanimously to make the petition a part of the official record, as follows: the it for the 2771 I2 r - 8 - IR- S- _C�Jc 0 VA - 1 L 62 7Q 7 p _6-(S-.2_ c2 2 7 0 6w- T_05_,aLkqt Po67 / 1 Vb .i17 e,VQ �• b i�O�t t i(S �,>;�tC1'tPS1�Pr� l/�-, Q,b I a5 ��.�,.,. C �I�,vh Zz b �y�.o,as 6? — 7 b a AAnetlW AVE :-)ram mCL w es fe, �.�* To S/ ��F Y l`W� Mf ICS���/' Pa. Bo x� 275Y, c�;.,� �f s ; �' Gsg6o4 66 7-4/6a �v Ae 0-2 1�1/ ��S 3 2 / 3 rgIle 4S'0 V ii_— A ZW W Le—zl:fal �T S e ss 7 -sr d. a00 0 6,&z a.Ql k)g-goJ,. (Qg o o n� s/l 1 c�e, + 12 & ? V �,(q- - Am LO w _Cal -- -- --- -- - lA C1 r1 t,. -,t u ---- - - - -- {-1 C� -_ 3 D� �. tuo (.z�,(J-1L/� �s _L�lt •[� �Lle 7-l�'�(�' V A aacoo i al 19 - 9 r t,j ; c Va a a G o 1 No w9771 �� �C�rGU/��►'�_�4� �3_l�.�ns_D�?1�c�c.?1a3�Q�.-. Z �.�,7�� 1 6) v WA kM f JcC leir �L-1701 19 66 Jo3 -7 m C-- 2774 NG /96 7-Zo 7la, ' XX -za 9) /G - lad /s) /6 _ f fi) 2775 -12- ` � e d S 1 N wuppoi4 cs--� kloe rd mc4 &re S 2-3 1 w l lY c tNlU7-,;1-V-4-.- `f�G buJA JA -r ZveVA - �Ab i "r _ t•x� ter_ 2776 13 - CA z�� _ _ �� ___ _ems Ivc- M 77 6x- f 7 CT-- 41 2:LS Gol- Fj--- a/u 6UJ.,Vc,, IPA, �Ut� l �`�oy 2,5-Z21 GU _ �/ �� - 6G 2-5�11 aJ - — - - --- — 9 77-f I c p C',1 A - 14 - cr�l G -/-)C Z—c-J7 c.9 ri b�ul� U2 106 �a �x ��n� ►�9- Y)Y 47 ct(,oa-at�l 9777 —,,165Z R4 �T 2778 - 15 - 0 Mr. Peter Schmitt, a practicing veterinarian in Winchester, felt that Mrs. Anderson's facility was head and shoulders above other kennels in the area, as far as cleanliness, operations, conditions for the animals, and the care of the animals. Mr. Schmitt said that the service she provides to her clients, as well as his own clients that he refers to the facility, is top-notch. Mr. Schmitt added that he has heard no complaints. Ms. Beverly Grimes, past board member of the SPCA, said that while a member of the board, she visited various kennels in the area. Ms. Grimes noted that some kennels she visited were substandard. She saidthat she would recommend Mrs. Anderson's kennel to anyone. Mrs. Grimes felt this was an operation that was needed in,this area and the county residents should not have to take their dogs out of the area for service. Mrs. Janice Miller, a resident of Frederick County, also came forward to speak in favor of the kennel, for the same reasons as previously mentioned. Chairman Brumback called for anyone wishing to speak in opposition to the kennel and the following persons came forward: Mrs. Betty Bragg, property owner to the south of the Anderson's property, said that although she did not reside at this location, she did have concerns about the additional traffic that would be generated. Mrs. Bragg said that this road is one-laned in most places. Mr. Esten Rudolph, III said that he lived approximately one eighth of a mile from the kennel and he was opposed to the kennel addition because of the noise from the barking dogs. Mr. Rudolph said that he has heard dogs barking until 11:00 and 12:00 at night during the past summer. Mr. Rudolph said that he, as well as the people who signed the petition of opposition, were opposed to any growth of this facility. Ms. Faye Carter, adjoining property owner, was present to represent both her husband and herself and other residents of the area. Mrs. Carter felt that the request for the additional kennels should be denied. She said that the dogs bark early in the morning, late at night and on and off during the day. Mrs: Carter was concerned about the increase in noise and traffic. Regarding the traffic on the road to the kennel, Mrs. Anderson said that she has already widened the road along Mr. Kelly's property. She said that she had received permission from Mr. Charles Kelly to -remove the old fence line and has replaced it with a new fence line, in exchange for allowing the Andersons to go onto his property to widen the road. Mrs. Anderson said that she has also received permission from the property owner .along the creek to cut back trees along the road. She said that this will increase the width of the road by approximately two to three feet and will allow two vehicles to pass along the entire length of the road. 2779 - 16 - 0 Regarding the complaints of noise, Mrs. Anderson felt that the barking was coming from other dogs in the area. She said that she had plans to erect screening with a woven fence and/or trees. She also noted that she had 11 inches of insulation installed on the ceiling of the kennel building. Mr. Esten Rudolph, Jr., resident of the area, commented on the 15 foot egress/ingress right-of-way, which he has privy to. Mr. Rudolph felt the road needed to be widened. Mr. Rudoph was also concerned about the noise from barking dogs, especially around 11:00 and 12:00 o'clock at night. Mr. Rudolph was opposed to enlarging the facility because of the increase in noise it would generate. Mrs. Anderson said that the road to the kennel was not even passible with one vehicle when they first moved there. Mrs. Anderson said that they have personally shouldered the expense, approximately $25,000-$30,000, for improving the road with excavation, widening, culverts and gravel. Mrs. Anderson added that she was anticipating putting a shingled roof on the kennel runs to keep the runs dry and she also felt it would help in reducing noise. Mrs. Anderson said that she was willing to do whatever was needed as far as screening was concerned. The Commissioners were interested in seeing a site plan with Mrs. Anderson's construction plans and screening for controlling the noise problem before taking action on this request. The Commissioners were concerned that 70 dogs at one location may be too many. Upon motion made by Mr. Stiles and seconded by Mr. DeHaven, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously agree to table Conditional Use Permit #001-88 of Cheryl L. Anderson for 30 days and requested the applicant to submit an informal site plan and kennel design at least one week prior to the next public hearing. OTHER The Commission and staff scheduled a Planning Commission worksession on October 24, 1988 at 7:00 p.m. ADJOTIRNMENT There being no other business to come before the Commission, the meeting adjourned at 9:00 p.m. Respectfully.submitted, V��� ank H. Brumbac ,' haLrman Robert W. Watkins, Secretary 2780 u 1 1 259 Upon motion made by Rohert M. ohodes, seconded by C. William Orndoff, Jr. and passed unanimously, rezoning application numher 015-87 of Battle- field Partnership, c/o Richard r. Hardison, P. O. Rox 7834, Winchester, Virginia, to rezone 6.79 acres from 13-3 (Industrial Transition) to R-2 (Business (;eneral) for the State Farm Insurance Adjuster's office and other husiness uses was approved. This property is located on Route 11 South of Winchester, across from the Npartment of AAotor Vehicles, and is identified as Parcel 11 on Tax RAap 75 in the Opeguon PAagisterial Pistrict. CONDITIONAL USE PERMIT #001-86 OF CHFRYL L. AMPERSON - APPROVFn Mr. Watkins stated that the Planning Commission, at their meeting on July 1, 1987, approved this conditional use permit renewal with conditions. Mr. Tom Lnuthan, Attorney, appeared hefore the Roard on hehalf of nArs. Anderson. AAr, Stiles stated that if any complaints are received from the neigh - hors, there would he no guarantee that this permit would he renewed. Upon motion made by C. William nrndoff, Jr., seconded by Rohert NA. Rhodes and passed unanimously, the renewal of conditional use permit number 001-86 of Cheryl L. Anderson was approved. COMMITTFF REPORTS FIRE APIf" RF.SCIIE CORAMITTFF REPORT Mr. Orndoff, Chairman of the Fire and Rescue Committee, presented the following report and stated that it was for the Roard's information only and no action was necessary: The Fire and Rescue Committee met on PAonday, June 15, 1987, at 7:30 P.M., in the North Mountain Fire Company facility. All lire Companies, except Company 17 from Star Tannery, were represented. Also attending were C. William nrndoff, Roard Memher and Stephen F. Gwen, Assistant County Administrator. The following items were discussed: Praft Fmergency Operations Plan Mr. nwen provided each Fire Company with a draft Fmergency Operations Plan. FIe asked that each company review the draft plan and he prepared to discuss prohlem areas at the next meeting. Maintenance Code Mr, nwen advised that a maintenance cnde for residential and commer- cial huildings had heen recommended by the Puhlic I'forks Committee and would Fri da at�Yl. • AKC ROTTWEILERS DEE"" jkCR1Q4j BOARDING KENNELS AND STABLES November 30, 1988 Mr. Bob Watkins Frederick County Planning 9 Court Square Winchester, Va. 22601 Dear Mr. Watkins: I respectfully request that I be supplied with copies of all paper work, minutes, reports, correspondence and applications concerning conditional use permit #001-86. -*- Also, I would like a copy of the Frederick County ordinance regarding dog kennels, as well as a copy of any ordinance regarding noise levels eft for business.- ""onI�' Finally, I request a list of people who now have a conditional use ,permit for a kennel. I appreciate your help in this matter and look forward to your reply. I will be glad to come to your office and pick up this material so you will not have the burden of sending it by mail. Sincerely yours, Cheryl Anderson J NOV 1988 RECEIVED DEPT. Of PLANNING AND DEVELOPMENT MARK & CHERYL ANDERSON Located on Route 836 • P.O. Box 220 • Stephenson, Virginia 22656 • (703) 667-7809 3nb AKC ROTTWEILERS J� BOARDING KENNELS AND STABLES November 9, 1988 Mr. Bob W. Watkins Dept of Planning & Building County of Frederick 9 Court Square Winchester, Va. 22601 Dear Mr. Watkins: In regards to my request for an additional 40 kennels to Conditional Use Permit #001-86, I respectfully request that this matter be tabled for a period of 90 days. This will allow me the opportunity to gather additional data in response to any noise which may be generated by the addition of more kennels. Also, it is my hope that during this time, a compromise will be reached between my neighbors and I. Thank you for your consideration in this matter. Sincerely yours, Cheryl Anderson -'m 140y AW REcslvE° DE pOV p DU1 Dt1NG G. MARK & CHERYL ANDERSON Located on Route 836 • P.O. Box 220 0 Stephenson, Virginia 22656 • (703) 667-7809 AMENDED CONDITIONAL USE PERMIT #001-86 Cheryl L. Anderson Kennel LOCATION: Dead end of Route 836 MAGISTERIAL DISTRICT: Stonewall ADJACENT LAND USE AND ZONING: Open space, agricultural, and extractive manufacturing land uses; zoned A-2 (Agricultural General) and EM PROPOSED USE AND IMPROVEMENTS: The addition of 40 kennel runs REVIEW EVALUATIONS: VA Dept. of Transportation - No objection to the proposal at this time. Health Department - Based on information to date, the Frederick County Health Department cannot support or recommend in favor of this request. It should be understood that animal wastes are classified as "industrial wastes" and regulated by the the State Water Control Board. To expand this facility by 40 units will increase the amount of waste water generated. This increase in waste water should be addressed by the State Water Control Board, Valley Regional Office. Clearbrook Fire Company - Follow National Fire Protection Code. Inspections Department - This conditional use permit request shall comply to Use Group B (Business), Section 303.0, of the National BOCA Basic Code, 1987. Frederick County Animal Control - No comments. State Water Control Board - These facilities were built to handle 70 dogs or 70 kennels. Based on the technical information supplied by her professional engineer with her previous submittal, the technical guidelines of this agency are met. Since 30 dogs are on site, 40 additional ones should pose no problem. Planning and Zoning - No objection. A site plan has been submitted along with a report on noise impacts. STAFF RECOMMENDATIONS OF 10/5/88:: Table for 30 days as per the request of Mr. Charles B. Kelly, adjoiner. PLANNING COMMISSION RECOMMENDATIONS OF 10/5/88: Table for 30 days. Request that the applicant submit an informal site plan and kennel design one week prior to hearing. AMENDED CONDITIONAL USE PERMIT #001-86 Cheryl L. Anderson STAFF RECOMMENDATIONS OF 11/2/88: Approval of the additional 40 kennel runs with the following conditions: 1. This is a one-year permit to be reviewed and renewed annually. 2. If the use, occupancy, or ownership of the property changes, this permit shall expire and a new conditional use permit shall be required. 3. All animals will be locked inside from 9:00 p.m. until 7 a.m. 4. A site plan shall be submitted and reviewed by the staff. 5. Proposals for noise reductions shall be submitted to the staff for review. PLANNING COMMISSION RECOMMENDATIONS OF 11/2/88: Denied, by the following vote: YES (TO DENY): Stiles, Sherwood, Golladay, DeHaven, Wilson, Romine NO: Copenhaver, McDonald, Brumback AP CATION FOR CONDITIONAL US*ERMIT IN THE COUNTY OF FREDERICK, VIRGINIA Conditional Use Permit No. Application Date Fee Paid Submittal Deadline is For the Meeting of 1. The applicant is the owner er (check one) OWNER: L ,�OPANT: (if other than owner) 2. NAME:,4i)%g ���ER� 4tii!,�,.NAME _ ADDRESS`: P0 1A 6X 0 ADDRESS: S. J) ' TELE HONE : 96 2 ?j `� TELEPHONE: 3 . The property is located apt (p� ease give exact c i ect ions ) .� all '/ 4. The property �-frcq:,,t-s state route ?, 6 and consists of 3 V acres. ( Please be exact)��/ 33 pa,e" 5. The property,is owned by _/�MA-J� �1 �v� �/UamSb,�s evidenced by deed from t -V /%��,�_ recorded in d ed book no. on page / Q , ,.registry of the County of PROPERTY TDENTTPTCATTON NO: (PZedz0 L2 6t 21=-d.i..git #) �/J0 6 A(1M��1.-�1111IdG 6. This property is designate as parcel no. A-- onitax map nb. qq06 theMagisterial District. 7. 9. It is/proposed that the following add existing ,buildings will ,b.e constructe It is proposed that the following buildings will be constructed: 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. (Use additional pages if necessary). These people will be notified by mail of this application. (PLEASE LIST COMPLETE 21-DIGIT NUMBER) NIAMF Jwo' t._ GC i e s: 6 11.17 IM Property ID*: d'00000ddod (d100 '-0 2 r , Adc oss • /�' `� / 7 A3, o ert D#: ? r -0 �,� 4 0 o o6 A (1 d tUva� A 16�..a /LC�I cr_ �.� � 2 _4 rr .r e y ID#, 1� ado d( 60(J6 _0AJ 4� Cc A d r svC /") ' / / / /, C� 2ID M5 dd0 006J6000 Page Two Conditional Use Perm NAME :1 5. Address: Property ID#: 6. Address: Property ID#: 7. Address: Property ID#: 8. Address: Property ID#: 9. Address: Property ID#: 10. Address: Property ID#: 9. Additional comments, if any I (we), the undersigned, do hereby respectfully agree to comply with any conditions required by the Board of Supervisors of the County of Virginia, and authorize the County to go upon the property for the purpose of making site inspections. Signature of Owner: Signature of Applicant: Complete Mailing Address: Telephone Number: , je-0 (D �j 2= I2 � For Office Use Only PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) DApproval Denial SECRETARY (signed) BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) Approval Denial COUNTY ADMIN. (signed) Page Three to 10 Conditional Use Permit • a Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all propierty lines. 00 �p s JS b y C C ,9(2+ 3 APPLICATION FOR CONDITIONAL USE PERMIT -7hrs..k S FREDERICK COUNTY, VIRGINIA sus, Submittal Deadline is Conditional Use Permit No. `I ;;=i;^�, �� e; f f� Application Date SeP/C ntember 28. 199:0' tin g: ©QA 14 Fee Paid Paid 9/28/90 B/O/S Meeting: 1. APPLICANT (The applicant is the owner other (check one) NAME: Ma. ADDRESS: P. TELEPHONE: - 2. Please list all owners of the property, occupants, or parties in interest: Mark and Cher 1 Anderson 3. The property is located at (please give exact directions) North side o 4. The property has a frontage of feet and a depth of feet and consists of 34 acres. (Please be exact) 5. The property is owned by Mark & Cheryl Anderson as evidenced by deed from _ Russell Messick recorded in deed book no. 176 on page 190 , registry of the County of Frederick 6. 21-Digit Property Indentification No: -44000 A00 0000 0000 0100-0 Magisterial District: Stonewall 7. Adjoining Land Use extractive manufacturing Adjoining Zoning EM & RA resi entia agricultural 8. The type of use proposed is Expansion as per Site Plan submitted 9. It is proposed that the property will be put to the following use: Office and enclosed dog kennel 10. It is proposed that the following buildings will be constructed: Expansion as per Site Plan submitted. 11. 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 sought to be rezoned. (Use additional pages if necessary). These people will be notified by mail of this application. [PLEASE LIST COMPLETE 21-DIGIT NUMBERi NAME 1. Address: Rt. 2 Box 97 Stephenson.-, Va.- -22 656 Robert Carter =Pro erty ID�� 450-00 A00 0000 0000 0080-0 2. Address: W. F. Frey Quarry Property ID#: 44000 A000 0000 0000 0097 Address: . 3939 Fredericksburg G5 Sa Charles B_, Kelley Property ID# 44000 A00 0000 0000 0101-0 /$�q -4 (Illeele'l ",I e-74 i Page Two Conditional Use Permit 1 »AI/L 4. Betty L. Bragg Address: Route 2, Box 171 Stephenson, Va. 22656 Property ID#: 44000 A00 0000 0000 0103-0 Address: 5. Property IDO : 6. Address: Property ID��: 7. Address: Property ID#: 8. Address: Property ID#: 9. Address: Property ID#: 10. Address: Property ID#: 12. Additional comments, if any I (we), the undersigned, do hereby respectfully make application and petition the governing body to amend the zoning ordinance and to change the zoning map of the Frederick County, Virginia, with the above facts as support of this application. Signature of Applicant: Signature of Owner: Owners' Mailing Address: Owners' Telephone No: For Office Use Only PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) Approval Denial SECRETARY (signed) BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) Approval Denial COUNTY ADMIN. (signed) � f2 �e� �� i� �'�`�• CCU .�� . 13 s mil" 0 176 W+Nc « VA 462 7Q70 /o <i /r/ .tb. p c?�S =5'/74:;, s' 640- I Ve-.72-64 f4 Z -JL3&6 -- Sr, � ��v_e�+15siF- zoo S- 460 > L�3� an <tA�Vj���► mc --713 ?qt �.2 7v; s f lei, lF FSl� j !�i¢ P. o. Bo y275q, btJ;.Ir le- 3 vw3 16w--4 Z lac W W I r1 c_ v tl C>'Co� �3i3 4bo 7-ler ." a�_s -7s ��S 3213 �v -Roo �2`) col c��� __ d80U� 28S �et.�n�ct/�cfr� .S_L�t��'��z►, 8(g'—/5ZG ate TOW, w lam i FAq Ile - -fie ,Y49� lr _loo$ u) COIL- 4-77"` 6 31 -UoL PC(o�J epa �a, aaGo� 'plo /Ad oa­ ?0? A- A _2 V--) 6—r) 71 I,/' e:5 Of n A v ,.-- P-C I v_r--, 13, w e.; - _X_ . --t 0/9 lk'z KA o3 &6 7- Z 16Y YA 4_3 - --—�—�,�.� — _Crass - j"un m �/�• 7 7 J�1 and- --- --- - ---- - - - F7t- e ods -1D2rdAb 4cre-S Yam- °tb ---gal-�?---�- S�-s �!22-yS21r - -y/�__ s � 6v let -V-4 Frei 7�-—flS_is-a3u aU GtJi r+� vG to (o Z- 03 1 ( v /YM o r nn Q� )00 (�(o 7- 9oi UUA /0(0/,4 4--&f -"-a 4), _ZlW, M1 i X�w �l t— h.y,� ��ox a �� �v1 o c - C, 6 7-6rXD- ,Cpv�-,-" Via_ -Oxuhi a--QcL--PY,.- I 2,-e,-Z2 F� 3 7 4'�# .zat tf—? T7- jj / , r 0 - r] m: -1 -T -1 -7 -T -T Y. /j/..�. / � S 0 -�7y-vqj RT S �f i7G W C�-Z(<'L � VA G 6'2- z-"7 r o S-G� "iO' �Ax�L4 Fy bcaj v- LLE) � 'A—K 3� ,c1� ��ti 0 L 61 76 <�:6s gO/a3 (,("7 bb - q 313 -5J�9�s 66S-��o Xojywu� * � /4 5X— -�' 1�} Q AA 96) `uc�l aso ove(`�,�uJ C�, sY�.�h•ersc�i-� I 2SJ f�i2Gl�'!�flRJlG%7 /�vJ SL£�vl�'f1� �� �i jy, �21 W! )I "I lcor . I/ -v k �! Z® (Qqq i,o �-i e - 3 � C�o,� i��C� � ��. el�a._s-f-e_r, (.�a • 2L(� a � �-� 5 I�p� 69�3 w�.vLe� vA aac.00y 6/6 ;>— 6 &0 GC 7— c w wC 66)—L/.( g�4-43�(c 7 G� .7— 1—�57 m-�a?b 301 � � 6 -C4C)/c &t,_,>-b33&=. 6o-&yFf %�co7— Qto3 n) WtLKlns Or w loc- Op ZZ60, Z - 23 Z7 i IF FIN s �� /) I 16) 17) /VannA 1 T/J'`Cc4wP-lc-,'' Y 0 G�1�c.v4d 21601 Xv UyNc,UA �601 ci U�"� Ivy- Y4 ca)o k1 P �61 �oCo�' a3a (,6-7 -ma y Al 9-,x 9�3 667-?Q6W lQa-oia�-I Criss -'c tt ct, e," VA. ex •��-e�u�/�� %lift 'Va. 2 ;Z 6 a v z 7 M-190 GG 7.,? e'7d�e 77 7-S,;t7Q r , r e ��S 1 or a rd��-�SNAM E q(a , 22Z2 Z/ -3oLl-Z29�Z3 �G9 s/is z� lo(oZ—U31 �/ S -3� Ab -yoo /t/ -r a d Al A t, 4 V f �00 &�tca 7�,L7 C�? A Q v X l R-t 4 Cl c<s a b�ulL Vo- a Ga& 7- 9oi6 6(A -OAg7 (A(CQ-ai:N-J I(-')q1 2o, s�� � ��1¢►1Son ,�Gl• C �'l-s SDI 7 A COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 July 14, 1,,987 i Mrs. Cheryl L. Anderson P.O. Box 220 Stephenson, Virginia 22656 ,1 Dear Mrs. Anderson: This letter is to verify that on July 8, 1987, the Frederick County Board of Supervisors,voted to renew Conditional Use Permit #001-86 of Cheryl L. Anderson for a kennel to be located at the end of. Route 836, in the Stonewall Magisterial District, with the following conditions: 1. This is a one-year permit •to be reviewed and renewed annually by the staff, Planning Commission, and the Board of Supervisors. 2. If the use, occupancy, or'ownership of the property changes, this conditional use permit shall expire and a new conditional use permit will be required. 3. The kennel will not be put into operation until the house is constructed and occupied. 4. All animals will be locked inside from 9:00 p.m. until 7:00 a.m. If you have any questions regarding this conditional use permit, please do not hesitate to call this office. Sincerely, Robert W. Watkins Planning Director RWW/rsa i P.O. BOX 601 - Winchester, Virginia - 22601 September 26,1988 3939 Fredericksburg Rd. G-5 San Antonio, Tx. 78201 Mr. Robert W. Watkins, Director Dept. of Planning and Building County of Frederick. 9 Court Square Winchester, Virginia 22601 Subj: Conditional Use Permit #001-86, Mark and Cheryl Anderson. Your.letter of Sept. 21, 1988,recieved Sept. 24, 1988. Ref: Telephone converation between Mr. Watkins and Mr. Kelley`; Sept.26,1988. Dear Mr. Watkins: Our property, adjoining the property referenced in Conditional Use Permit 001-86, is jointly owned by ourselves in San Antonio, a son in Dallas, and a.son in Houston. In order to coordinate our joint position on the above permit, we respectfully request an extension of 30 days, so�-�we may fairly consider the opinions of all involved. Any information you,can provide us that will assist in our determination will be most welcome. Your cooperation, and response to our request will be greatly appreciated. Sincerely, Charles B. Kelley 0 • y October 11,1988 3939 Fredericksburg Rd. G-S San Antonio, Tx. 78201 Mr. Robert W. Watkins, Director Dept. of Planning and Building County of Frederick 9 Court Square Winchester, Virginia 22601 Subj: Conditional Use Permit #001-86, Mark and Cheryl Anderson. Ref: Our letter of Sept. 26,1988, same subject. Dear Mr. Watkins. We would like to establish with you, our families association and deep roots in northern Virginia. My grandfather, John Hannon, came to this country in 1866, and purchased the property adjoining the land referenced in #001'86 in 1873. My mother, Jane Hannon, was born there in 1879,,�:and lived there until she married,'my'father John P. Kelley in Sacred Heart Church on Loudoun St. John Hannon died.intestate and the propery was divided among all of, the children. My,mo.ther immediately purchased their interests, and held the land until the great depression,.,when she was forced to'sell all but one acre, to close friends, Jim and Gussie Finne- gan who lived on what is now the Bragg property. Over the years we visited Finnegans many times and I played and rode their pony all over that area. We also made many visits to my Aunt Marys in Strasburg. My mother died from a series of strokes. At times, she would say she."wanted to go home. She was home, but we finally found out,, she meant, home to Virginia. She never made it. I'm sure she would have been happy to know that, several years,,% ago were able to get, her beloved land back in the family where it belongs. All of this' is being.revealed:::so you will understand how deeply we feel about. this land, and all of Virginia, and are deeply concerned about the welfare of this property that means so much to all .of us. Our position.on the Permit #001-86 was arrived at jointly by all owners that include, my3:wife and I, our sons Charles Hannon Kell"eyy and Timothy�Patrick Kelley. I is ..4 Before making our,decision we.consulted the following. Animal Control Facility of Bexar County. Humane Society of Bexar County. Landscape Architect. Noise Abatement Official at San Antonio International Airport. These discussions were initiated to familiarize ourselves with the problems of noise, its effects.and controls. When given the details of the situation., they were unanamous in their opinion that seventy (70) kennels would create a noise problem that would.devaluate our land, and could be a serious deterent if any of us would want to build and live on the land, which someday we hope to do. In addition, the increased volume of traffic on a one lane..road, that-'is;orily partially maintained .by the state, would bring about premature deterioation to the road that is not in the best of condition;v:now, and would also be very disruptive to a otherwise peaceful area. I feel the people in that area now, are there, because of the peace and quiet. In view of all of the above, we cannot in conscience recommend approval. We respectfully request Mr. and Mrs. Andersons petition be denied. Sincerely, Charles B. Kelley Marie-C. Kelley Signed for: Charles H..Kelley j Timothy.P. Kelley ( 1' i r PETITION • the Planning Commission We the undersigned residents of the Stephenson Area wish to protest the construction of 40 additional kennels for Cheryl L. Anderson, Application number CUP 001-86 for October 5, 1988 at 7:30P.M.. Our objections is the high noise level of the current installation. 2- 3 5.1 / !� 6.aC�a%%rii, IV I-Di,,1./_ OCT 1988 COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 M E M O R A N D U M TO: Frederick County Board of Supervisors FROM: Robert W. Watkins, Planning Director SUBJECT: Conditional Use Permit Cancellation DATE: July 2, 1987 As requested, we have advertised the following conditional use permit for cancellation: #001-86 Cheryl L. Anderson (Stonewall) We have included materials from the original application. If you have any questions, please do not hesitate to call me. PLANNING COMMISSION RECOMMENDATIONS OF JULY 1, 1987: Renew the Conditional Use Permit with the following conditions: 1. This is a one year permit to be reviewed and renewed annually by the staff, Planning Commission, and the Board of Supervisors. 2. If the use, occupancy, or ownership of the property changes, this conditional use permit shall expire and a new conditional use permit will be required. 3. The kennel will not be put into operation until the house is constructed and occupied. 4. All animals will be locked inside from 9:00 p.m. until 7:00 a.m. The vote on renewal was unanimous. RWW/rsa Attachments O rnn�t Cnnarc_ P C) Rnx 601 - Winchester. Virginia - 22601 � COUNTY of FREDERICK Departments of Planning and Building M E M O R A N D U M 703/665-5650 8 VA. Dept. of Transportation , ATTN: Mr. William H. Bushman Health Department , ATTN: Mr. Herbert Sluder Animal Control , ATTN: Mr. Harold Whitacre Clearbrook Fire Company , ATTN: Mr. Tommy Price Inspections Department , ATTN: Mr. Kenneth Coffelt Planning and Zoning Department , ATTN: Mr. Stephen M. Gyurisin , ATTN: FROM: Robert W. Watkins, Director DATE: July 12, 1988 SUBJECT: Review Comments On: X Conditional Use Permit Site Plan Subdivision Master Development Plan Rezoning We are reviewing the enclosed request by Cheryl L. Anderson , or their representative, 667-7809 Will you please review the attached and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: Signature Date 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 D hCY EDINSi12C JUG 12 19% ❑ ARF0 VUjVi3 CWL ❑ RLH ❑ COPIES iO -.QUEST FOR COMMENTS TO: Mr. William H. Bushman Resident Engineer VA. Dept. of Transportation P.O. Box 278 Edinburg, Virginia 22824-0278 (703) 984-4133 COUNTY of FR ERICk paf�i ents of Planning and Buildinl i& CN 3/665-565t tr 1550 omme-ra,`e_ Street Winchester; VA. 22601 (703) 662-8876 FROM: Robert W. Watkins, Planning Director DATE: _ --09k SUBJECT: Review Comments for .Conditional Use Permit Rezoning Subdivision Site Plan Master Development Plan located at Proposed b This comment sheet must be returned to the Frederick County Department of Planning and Development, or the applicant, by for the meeting of VDOT Comments: NO OBJECTION TO THE PRORBAL OF THE CONDITIONAL USE PERMIT AT THIS TIME, VDH&T Signature: 2y----14< Applicant's Name: Jkc- L ,L Address: Phone Number: 17,, _ rI c,/l Date: NOTICE TO APPLICANT: It is your responsibility to contact the Virginia Department of Transportation for comments on your project and to return all comments as part of your application before or on the submittal deadline date. 9 C'nnrt Sauare - P.O. Box 601 - Winchester, Vireinia - 22601 COUNTY of FREDERICK Departments of Planning and Building M E M O R A N D U M 703/665-5650 VA. Dept. of Transportation , ATTN: Mr. William H. Bushman Health Department , ATTN: Mr. Herbert Sluder Animal Control ATTN: Mr. Harold Whitacre Clearbrook Fire Company , ATTN: Mr. Tommy Price Inspections Department , ATTN: Mr. Kenneth Coffelt Planning and Zoning Department , ATTN: Mr. Stephen M. Gyurisin ATTN: FROM: Robert W. Watkins, Director DATE: July 12, 1988 SUBJECT: Review Comments Onc X Conditional Use Permit Site Plan Subdivision Master Development Plan Rezoning We are reviewing the enclosed request by Cheryl L. Anderson , or their representative, 667-7809 Will you please review the attached and return your comments to me as soon as possible. --------------------------------------------------------------------------------- THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: _.� � � ` � ..,.ate +• • � .6' �:_� J � i �'® uf\Ni wkkk 'tmh eCse— �E Cuu-1,604 ®y- LIB` y&— (ec Qm f \ham woA& Lkwvex- sl \ou\& bi-- cddA&%e-& b%j �e- SignaturCIO" Date %exve D.9tXVe'r Ccnrt�l OO�or� , C9�11�y` eci� Ono, \ C F-FtCe. C Pa. 6x. �b� : QSr•�etrse�-�' C�a.. a2$i'� t,7o���s�8 '• �S�'� l . 9 Court Square - P.O. Box 601 - Winchester, Virginia - 12601 • COUNTY of FREDERICK Departments of Planning and Building M E M 0 R A N D U_ M 703/665-5650 VA. Dept. of Transportation' , ATTN: Mr. William H. Bushman Health Department , ATTN: Mr. Herbert Sluder Animal Control , ATTN: Mr. Harold Whitacre Clearbrook Fire Company , ATTN: Mr. Tommy Price Inspections Department , ATTN: Mr. Kenneth Coffelt Planning and Zoning Department , ATTN: Mr. Stephen M. Gyurisin , ATTN: FROM: Robert W. Watkins, Director DATE: July 12, 1988 SUBJECT: Review Comments On: X Conditional Use Permit Site Plan Subdivision Master Development Plan Rezoning We are reviewing the enclosed request by Cheryl L. Anderson , or their representative, 667-7809 Will you please review the attached and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: g6fo �d oufacre has no amm& t — 'Sem Signature Date 9 Court Square - . P.O. Box 601 = Winchester, Virginia - 22601 COUNTY of FREDERICK Departments of Planning and Building M E M 0 R A N D U M 703/665-5650 VA. Dept. of Transportation , ATTN: Mr. William H. Bushman Health Department , ATTN: Mr. Herbert Sluder Animal Control , ATTN: Mr. Harold Whitacre Clearbrook Fire Company , ATTN: Mr. Tommy Price Inspections Department , ATTN: Mr. Kenneth Coffelt Planning and Zoning Department , ATTN: Mr. Stephen M. Gyurisi.n , ATTN: FROM: Robert W. Watkins, Director DATE: July 12, 1988 2 SUBJECT:, Review Comments On: Subdivision X Conditional Use Permit Master Development Plan Site Plan Rezoning We are reviewing the enclosed request by Cheryl L. Anderson , a or their representative, 667-7809 Will you please review the attached and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: i{( \r t,.d, IN- -Cpp k Signature Date 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 COUNTY of FREDERICK Departments of Planning and Building M E M 0 R A N D U M 703/665-5650 VA. Dept. of Transportation , ATTN: Mr. William H. Bushman Health Department , ATTN: Mr. Herbert Sluder Animal Control , ATTN: Mr. Harold Whitacre Clearbrook Fire Company , ATTN: Mr. Tommy Price Inspections Department( , ATTN: Mr. Kenneth Coffelt Planning and Zoning Department , ATTN: Mr. Stephen M. Gyurisin ATTN: FROM: Robert W. Watkins, Director DATE: July 12, 1988 SUBJECT: Review Comments On: X Conditional Use Permit Site Plan Subdivision Master Development Plan Rezoning We are reviewing the enclosed request by Cheryl L. Anderson , or their representative, 667-7809 Will you please review the attached and return'your comments to me as soon as possible. TRHIIS SPACE SHOULD BED USED FOR REVIEW COMMENTS: 7.�4, 'o a ds e- C, " r�V/% i� �G•S�heg3 J`�ec�}��oyr ��5�.� O J /v/—Z4- "K eul Or, � �RA 2 i c, Signature Date 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 1 - State Wate ntrol Board ROUTING AND TRANSMITTAL SLIP Action 1 TO (Name, office symbol or location) Initials Circulate 101 Arlo+ Dale Coordination e_ 2 `` ^^ c I< Gp. P�al,tn,�� &`Ck ntFile e P, a Datnformation J Initote and 6o 1�C •`,es4,- I-,�C� ZZ(p D % eturn DaterConersatlon 4 Initee Me Date Signature REMARKS `�1 / 0 Ci 11:5 e-j -.s s W c j3 O �rS ✓�4 ✓� C_ Cer�'��•1cc.*� A✓��ti✓soul, ��li�es� ��c,1,�, e.S r�vC'r-.� 4-0 I r'A 70 PrD���SS�Ov�0.1 i"erv'- bj.1_ key- PreV�ouS SLc�sK,"t4 �� f- `fe-� 1 ( 0t C I�v1CS c, .� .S A PQY\ / ore Do NOT use this form as a RECORD of approval, concurrences, disapprovals, clearances, and similar actions. F (Name, office symbol or IOEation) oat 7 q ):�2� Phone 9?9 -2S� S �'�}�> FORM 4-74 �IrC� 2S CQre- ©v1 t UCH �,ri ` 0n0. ©v1cS J V-1 b p low COMMONWEALTH of VIRUINIA S7'/17'A' IPA T1sR C0NTR01,130i11tD Richard N. Burton 2111 Hani.ilton Street, Executive Director Post Office Box 11143 Richmond, Virginia 23230-1143 CERTIFICATE NO. IW-ND-5090 (804)257-0056 EFFECTIVE DATE: August 10, 1987 EXPIRATION DATE: August 10, 1992 Issued by the State Water Control Board Pursuant to Chapter 3.1 Title 62.1, Code of Virginia, of 1-950, as Amended To: Mark D. and Cheryl L. Anderson P.O. Box 220 Stephenson, Virginia 22656 (a septic tank/drainfield system) An "owner" as defined in the Law, to operate waste.facilities upon the following terms and conditions: 1. -Manufacturing operations and treatment and disposal of all wastes resulting - therefro.m shall be in accordance with the application dated 29 May 1987 from Mark D. and Cheryl L. Anderson filed with the Board on 10 August 1987 and in conformity with the plans, specifications, and other supporting data submitted to the Board and approved by memorandum number VRO 397 in accord- ance with Minute 16 from the proceedings of the December 10-11, 1973, Board Meeting. The approval of plans, specifications and other supporting data does not relieve the owner of the responsibility of operating the facilities in a reliable and consistent manner to meet the performance requirements in the certificate. If design deficiencies of the facilities are identified in the future which could affect their performance or reliability, it shall be the responsibility of the owner to correct such deficiencies forthwith as may be directed by the Board. 2. No discharge shall be made to State waters from the facilities herein.certificated. 3. The operation of the facilities of the owner herein certificated shall not contravene the Water Quality Standards, as amended and adopted by the Board, or any provision of the State Water Control Law. 4. Sufficient operation and maintenance shall be practiced on the facilities herein certificated at all times to enable adequate inspection of the facilities to be made by authorized persons. 5. Should any unusual or extraordinary discharge of wastes to State waters occur from the facilities herein certificated, -the owner shall immediately inform Certificate No. IW-ND-5090 Page 2 . the Board and its staff by telephone or telegram, to be confirmed by letter, giving all available details, including known adverse effect on State waters, or uses thereof. Unusual or extraordinary discharges include, but are not limited to, any discharges of waste resulting from (a) unusual spillage of materials resulting directly or indirectly from the owner's processing operations, (b) breakdown of processing or accessory equipment (c) failure of or taking out of service, sewage or industrial waste treatment plant or auxiliary facilities (such as, but not limited to, sewer lines or sewage or indus_trial waste pump stations), or (d) flood- ing or other acts of nature. 6. The approval of the facilities hereiIn certificated is based upon the information submitted by the owner. 7. The structural stability of any of the units .or parts of the facilities herein certificated is the sole responsibility of the owner. 8. All solids or other wastes shall be so deposited that they do not reach State waters by natural or other means, 9. The owner shall obtain and record such information on the operation of the facili- ties herein certificated and shall submit this information in such detail and at such intervals as requested by the Board or its staff. 10. Approval of final plans and specifications for waste collection and treatment. facilities and this certificate shall become null and void unless a substantial start toward construction of the facilities involved is begun within one year and completed in accordance with a schedule approved by the Board. 11. This certificate cannot be transferred or assigned. Any new owner or successor in interest to the above owner must make application for a new certificate prior to as.suming ownership and commencing operations. 12. The Board may revoke or amend this certificate for good cause and after proper hearing, with at least thirty days' notice to the owner of the time, place, and purpose thereof. If a proposed revocation or amendment of this certificate is mutually agreeable to the Board and the owner, the hearing and notice may be dis- pensed with. 13. Wastewater shall not be applied within 50 feet of limestone outcrops nor shall it be applied in such a manner that it would discharge to sinkholes that may exist in the area. 14. The applicant(s) shall submit a new No Discharge Certificate application for approval 180 days in advance of the expiration date of this certificate. APPROVED BY: DATE: • • y E=- Ul'IVL DIRE01"OR APPROVAL NO. VRO 397 MEMORANDUM VIRGINIA WATER CONTROL BOARD Valley Regional,Office 116 North Main St. - P.O. Box 268 Bridgewater, VA 22812 SUBJECT: Animal Waste Proposal Mark D. and Cheryl. L. Anderson - Kennel - Frederick County - No Discharge Certificate No. IW-ND-5090 TO: Executive Director FROM: R. Bradley Chewning, Regional Director /%y CJ DATE: 10 August 1987 7 COPIES: VRO File The staff_ has received an application dated 29 May 1987 from Mark D. and Cheryl L. Anderson to construct a septic tank/drainfield system for the treatment of animal waste in Frederick County. The maximum number of animals to be served by the proposed facilities is 30 dogs at an average weight of 70 lbs/animal. Animal waste generated will flow into a septic tank with a drainfield system. This system will be built according to the specifications supplied by Applied Technology and Engineering, P.C., Charlottesville, Virginia. No discharge to State waters is proposed. Advertisement has been successfully completed in accordance with Section 62.1-44.16 (1)(a) of the Law, and no inquiries have been received by the ,taff. Staff Comments: The staff has reviewed the subject application and made an inspection of the farm site. The staff believes there is reasonable assurance that the proposed facilities will have adequate retention time and there is sufficient drainfield area to ensure no discharge of contaminants to State waters. Structural integrity of the holding facilities was not evaluated as it does not fall within the purview of this agency. The proper maintenance of the facilities is the responsibility of the owner. The proposed facilities do not appear to be subject to any type of flooding. Animal Waste Proposal - Mark D. & Cheryl L. Anderson - Kennel 10 Aug. 1987 Page 2 STAFF RECOMMENDATIONS: The staff recommends that the Executive Director: 1. Approve the application and, 2. Direct the staff to issue a certificate with the requirement that there be no .discharge to State waters from these facilities. APPROVED: DATE: /if E 1988rND Q a p AND BlyreDr�r�'� COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 October 26, 1988 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: Cheryl L. Anderson Amended Conditional Use Permit #001-86 For: The addition of 40 kennel runs onto the existing kennel. This property is located at the dead end of Route 836 in the Stonewall District. This conditional use permit request will be considered by the Frederick County Board of Supervisors at their meeting of November 9, 1988, at 7:15 p.m., in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, Winchester, Virginia. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, G�� Robert W. Watkins Director RWW/dkg 9 Court Square - P.O. Box 601 Winchester, Virginia - 22601 r This is to certify tit the attached correspondence w0mailed to the following on October 26, 1988 from the Department of Planning and Development, Frederick County, Virginia: Cheryl L. Anderson P. 0. Box ago Stephenson, VA 22656 Robert Carter Route 2, Box 97 Stephenson, VA 22656 W. F. Frey.Quarry P. 0. Box 1624 York, PA 17405 Charles B. Kelley 3939 Fredericksburg G5 - San Antonio, Texas 78201 Betty L. Bragg Route 2, Box 171 Stephenson, VA-.22656` 'Russell Messick Stephenson, VA 22656' . -1-t _2:� // Robert W. Watkins, Director Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I, _rake K, %ak,01 , a Notary Public in and for the state and county aforesaid, do hereby certify that Robert W. Watkins, Director for the Department of Planning and Development, whose name is signed to the foregoing, dated 0C_+01Oey �6, l J8$ has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this c?6-fA day of Qcfo(,er , 1988. My commission expires on �•eN.6er COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 October 19, 1988 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: Cheryl L. Anderson Amended Conditional Use Permit For: The addition of 40 kennel runs onto the existing kennel. This property is located at the dead end of Route 836 in the Stonewall District. This conditional use permit request will be considered by the Frederick County Planning Commission at their meeting of November 2, 1988, at 7:30 p.m., in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, Winchester, Virginia. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, Robert W. Watkins Director RWW/dkg 9 Court Square P.O. Box 601 Winchester, Virginia 22601 This is to certify tie the attached correspondence Amailed to the following on October 19, 1988 from the Department of Planning and Development, Frederick County, Virginia: Cheryl L. Anderson P . 0. Box azo Stephenson, VA 22656 Robert Carter Route 2, Box 97 Stephenson, VA 22656 W. F. Frey Quarry P. 0. Box 1624 York, PA 17405 Charles B. Kelley 3939 Fredericksburg G5 - San Antonio, Texas 78201 Betty L. Bragg Route 2, Box 171 Stephenson, VA 22656 Russell Messick Stephenson, VA 22656 Robert W. Watkins, Director Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I, '0�. GOM10ll , a Notary Public in and for the state and county aforesaid, do hereby certify that Robert W. Watkins, Director for the Department of Planning and Development, whose name is signed to the foregoing, dated Qc+o (er / % /�/ $ , has personally appeared before me and ' acknowledged the same in my state and county foresaid. Given under my hand this /qtA day of QC-fobe►- , 1988. My commission expires on s'�of�ev oi3 ,Scams A- -'qa- NOTARY PUBLIC COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 September 28, 1988 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: Cheryl L. Anderson Amended Conditional Use Permit For: The addition of• 40 kennel runs onto the existing kennel. This property is located at the dead end of Route 836 in the Stonewall District. This conditional use permit request will be considered by the Frederick County Board of Supervisors at their meeting of October 12, 1988, at 7:15 p.m., in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, Winchester, Virginia. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, v� Robert W. Watkins Director RWW/dkg 9 Court Square - P.O. Box 601 Winchester, Virginia - 22601 This is to certify that the attached correspondence was mailed to the following on 'September 28, 1988 from the Department of Planning and Development, Frederick County, Virginia: Cheryl L. Anderson P. 0. Box 2Ar :--2ZQ Stephenson, VA 22656 Robert Carter Route 2, Box 97 Stephenson, VA 22656 W. F. Frey Quarry P. 0. Box' 1624 . York, PA 17405 Charles B. Kelley 3939 Fredericksburg G5 - San Antonio, Texas 78201 Betty L. Bragg Route 2, Box 171 Stephenson, VA 22656 Russell Messick Stephenson, VA 22656 .. Robert W. Watkins, Director Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK K. a Notary Public in and for the state and county aforesaid, do hereby certify that Robert W. Watkins, Director for the Department of Planning and Development, whose name is signed to the foregoing, dated •Scr�,_�e1�,6�g �gg� , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this day of Se,A e,,�et- 1988. 11 My commission expires on NOTARY PUBLIC COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 September 21, 1988 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: Mark and Cheryl Anderson Conditional Use Permit For: An addition of 40 kennels to Conditional Use Permit #001-86. This conditional use permit request will be considered by the Frederick County Planning Commission at their meeting of October 5, 1988, at 7:30 p.m., in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, 9 Court Square, Winchester, Virginia. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, a. Robert W. Watkins Director RWW/dkg 9 Court Square P.O. Box 601 Winchester, Virginia 22601 • This is to certify # the attached correspondence *mailed to the following on 9/21/88, 1988 from the Department of Planning and Development, Frederick County, Virginia: FREY, WILLIAM S. P.O. BOX 1624 YORK, PA. 174G5 KELLEY, CHARLES B. E MARIE C. E CHARLES HANNON C TIMOTHY PATRICK KELLEY 3939 FREDERICKSBURG RD, aG-5 �� ao� SAN ANTONIO, TX 'o=vi BRAGG, BETTY LOU RT. 2 BOX 171 STEPHENSON, VA. 22656 ANDERSON, MARK 0. S CHERYL L. P.O. BOX 220 STEPHENSON, VA. 22656 CARTER, ROBERT WILLIAM RT. 2 BOX 97 STEPHENSON, VA. 22656 Robert W. Watkins, Director Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I, ��ctke_ k. GaAf41*11 , a Notary Public in and for the state and county aforesaid, do hereby certify that Robert W. Watkins, Director for the Department of Planning and Development, whose name is signed to the foregoing, dated SP-Yert6� ai_ l �' 88 , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this c;2Sf day of Se p-ly r•.6ev , 1988. My commission expires on Se,pfeytber o73 /989 NOTARY PUBLIC ,rJ CONDITIONAL USE PERMIT 0 001-86 Cheryl L. Anderson Kennel LOCATION: Dead end of Route 836. MAGISTERIAL DISTRICT: Stonewall ADJACENT LAND USE AND ZONING: Open space, agricultural, and extractive manufacturing land use and A72 and EM Zoning PROPOSED USE AND IMPROVEMENTS: Kennel REVIEW EVALUATIONS: VA Dept. of Highways & Transportation - No objection to conditional use permit. However, before the business is opened, a commercial entrance permit must be applied for and approved. Health Department - No objections, provided that all dog waste from the kennel is disposed of in accordance with the regulations of the State Water Control Board. Clearbrook Fire Company - Satisfactory. Inspections Department - Proposed buildings to be in acordance with the Virginia Uniform Statewide, Building Code and applicable standards. Planning and Zoning - The property is far removed from adjacent properties, dwellings, and state roads. STAFF RECOMMENDATIONS: Approval, with the following conditions: 1. This is a one year permit to be reviewed and renewed annually by the staff, Planning Commission, and Board of Supervisors. 2. If the use, occupancy, or ownership of the property changes, this conditional use permit shall expire and a new conditional use permit will be required. 0 Page 2 Anderson CUP PLANNING COMMISSION RECOMMENDATIONS: Unanimous approval, with the following conditions: 1. This will be a one year permit to be reviewed and renewed annually by the staff, Planning Commission, and the Board of Supervisors. 2. If the use, occupancy, or ownership of the property changes, this conditional use permit shall expire and a new conditional use permit will be required. 3. The kennel will not be put into operation until the house is constructed and occupied. Pdge Three • Conditional Use Permit Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. 1 Li COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 M E M O R A N D U M TO: Frederick County Planning Commission FROM: Robert W. Watkins, Planning Director SUBJECT: Conditional Use Permit Cancellation DATE: June 25, 1987 As requested, we have advertised the following conditional use permit for cancellation: #001-86 Cheryl L. Anderson (Stonewall) We have included materials from the original application. If you have any questions, please do not hesitate to call me. RWW/rsa Attachments 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 ' FEB 1986 . RECEWE sa DEPT. OF PLANNING a, AND DEVELOPMENT, January 29, 1986 3939 Fredericksburg Rd. G-5 .San Antonio Tx. 78201 Planning Director County of Frederick 9 Court Square Winchester, Va. 22601 Ref: Application of Cheryl L. Anderson for a kennel. Route 836. Dear Mt.. Watkins: Due to the size of the Anderson property and its proximity to their neighbors, we can think of no reason why their application should not be approved. Request you rule in her favor. Respectfully, .Charles B. Kelley cc; Mrs. Anderson • 0 COMMONWEALTH of VIRGINIA Richard N. Burton Executive Director Post Office Box 11143 Richmond, Virginia 23230 (804) 257-0056 Mr. John Riley County Administrator Frederick County Winchester, VA 22601 Dear Mr. Riley: STATE WATER CONTROL BOARD 2111 Hamilton Street Please reply to: Valley Regional Office 116 North Main Street P. O. Box 268 Bridgewater, Virginia 22812 (703)828-2595 9 June 1987 �0 P4I Ut@ 6�0 SI�lt1}lvi BOARD MEMBERS Robert C. Wininger Chairman Henry 0. Hollimon, Jr. Vice Chairman Millard B. Rice, Jr. David H. Miller Patrick L. Standing W. Bidgood Wall, Jr. Velma M. Smith In accordance with Minute No. 1 of the 23 November 1981 Board meeting, notification is hereby being given that the Valley Regional Office has received an application for a State Water Control Board No Discharge Certificate Number IW-ND-5090 from Cheryl L. and Mark D. Anderson, P.O. Box 220, Stephenson, Virginia 22656 for the storage and land application of waste generated from a proposed dog kennel... Should you have any questions about this proposal, please contact me at your earliest convenience. Sincerely, '&A'Le� am es D. Green Regulatory Services Specialist /if cc: VRO File COUNTY of FREDERICK IDepartment of Planning and Development Robert W. Watkins - Planning Director 703/665-5651 January 29, 1986 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: Cheryl L. Anderson Conditional Use Permit For: A kennel; located at the dead end of Route 836. This conditional use permit request will be considered by the Frederick County Board of Supervisors at their meeting of February 12, 1986, at 7:30 p.m., in the Board of Supervisors' Meeting Room, the Old Court House, Winchester, Virginia. Any interested parties having questions or wishing to speak, may attend this meeting. Sincerely, Robert W. Watkins Planning Director RWW/rsa 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 This is to certify the the attached correspondence was mailed to the following on ,January 29, 1986 from the Department of Planning and Development, Frederick County, Virginia: Cheryl L. Anderson P. 0. Box 264 Stephenson, VA 22656 Robert Carter Route 2, Box 97 Stephenson, VA 22656 W. F. Frey Quarry P. 0. Box 1624 York, PA 17405 Charles B. Kelley 3939 Fredericksburg G5 San Antonio, Texas 78201 Betty L. Bragg Route 2, Box 171 Stephenson, VA 22656 Russell Messick Stephenson, VA 22656 t.� Robert W. Watkins, Director Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREQDERICK I, �� YJ•a4 , a Notary Public in and for the state and county aforesaid, do hereby certify that Robert W. Watkins, Director for the Department of Planning and Development, whose name is signed to the foregoing, dated G]��p , has personally appeared before me and acknow dged the same in.my state and county foresaid. Given under my hand this day of �. , 1986. My commission expires on /Vr% IRA,. WIN-MIZAN Mfr"7,.d PAS M)M PUBLIC COUNTY of FREDERICK Finance Department Barbara W. Ratcliff Director 703/667-4610' January 23, 1986 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: Cheryl L. Anderson Conditional Use Permit For: A kennel; located at the dead end of Route 836. This conditional use permit request will be considered by the Frederick County Planning Commission at their meeting of February 5, 1986, at 7:30 p.m., in the Board of Supervisors' Meeting Room, the Old Court House, Winchester, Virginia. Any interested parties having questions or wishing to speak, may attend this meeting. Sincerely, Robert W. Watkins Planning Direcotr RwW/rsa 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 This is to certify th,he attached correspondence was Oiled to the following on JaF,ivary 23, 1986 from the Department of Planning and Development, Frederick 'r-Co+ y, Virginia: Cheryl L. Anderson P.O. Box !L-'6"4• 0P p Stephenson, VA. 22656 Robert Carter Route 2, Box 97 Stephenson, VA. 22656 W. F. Frey Quarry P.O. Box 1624 York, Penna. 17405 Charles B. Kelley 3939 Fredericksburg G5 San Antonio, Texas 78201 Betty L. Bragg Route 2, Box 171 Stephenson, VA. 22656 Russell Messick Stephenson, VA. 22656 ///J .5 y....w Robert W. Watkins, Director Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDEQRICK I, X1' , a Notary Public in and for the state and county aforesaid, do hereby certify that Robert W. Watkins, Director for the Department of Planning and Development, whose name is signed to the foregoing, dated A3A66 , has personally appeared before me and acknow edged the same in my state and county foresaid. Given under my hand this •4 day of f , 1986. My commission expires on qi(/ ticY ' dul NOTARY PUBLIC • COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 i July 15, 1987 t James D. Green, Regulatory Services Specialist State Water Control Board P.O. Box 268 Bridgewater, Virginia 22812 Dear Mr. Green: I have reviewed the application of Cheryl Anderson for a permit to discharge waste water into state waters. This system and its discharge would be in compliance with all regulations of the County of Frederick. The County would, therefore, have no objections to the installation of this system. This approval is with the understanding that all appropriate State and Federal approvals will be obtained. If you have any questions regarding this matter, please feel free to give me a call. Sincerely, vv Robert W. Watkins Planning Director RWW/rsa cc: Cheryl Anderson O ( nl!rt Cnna+P - P-0. Rnx 601 - Winchester, Virginia 22601 iEMORNN'DUM �� ; Ile Willer Control oar 21 1 1 Naflh I-lamillnn S11.110 11. 0. I1fix I 11113 Richmond, VA. 23230 r SUBJR.CT, Local. and Areablicle tP.lannind Reyl.l.►.r.e►►►enLa TO; Al-jp.l.l.eants Por 111"DRS and IIn D1.9ehar.ge CerLie'leates Article 2, §62. 1-44 , 15; 3 of the ,Shale WaLer C011tl70l Laik states: .It. "Ho application for a cer.L.l.f.I.caL•e to d.i.schar.ge sewage, industrial. wastes and oLhar washes hito al- adjacent to stale waters shall be considered aamp.l.ete unl.ess the applicant has provided the hxecuLive Direetal- with naL-.1,ficaL-ion from the governl.ng body of t:he caunL•Y, a.11:y or town 1.11 which t:he discharge is to Lake plane L-hat, t:he location and operation of the discharging fac.l.l..I.Ly i.F) consistent wit-li all ordinances adopted pl.Irsl-lanL' to Chapter I.I. (!i.1.5, .l.- 42') et seq.)' of Title 15.1 of the Code," In accordance w1th thl.s se-cl:.l.on, new appl..l.oatione for Ho Discharge Certificates or 1•I11DI.9 perm.fl.s wl.l..l. not he considered complete until. the information be.1ow is sul)mi.Ll:ed to the ;3WC11 Regional Office. ---------------------------------------------------------------------- (County, City, 01- Town Admin.istratol-�lfanac�er.) 'I'o; I am in the process of eompl.elA.ng a 311011 appl.icaL•ion form for a certificate, In accordance w.i.L•h Chapter .1.1. (§ 1.5, 1.--427 et seq.) of Title 15.1 of the Code, 1-request that you sign the 'statement below certifying illy appl.ieaL-.lon is c0118.1jitenl: W tth your local ordinances. Please reLul-n t:1118 f.ornl to; (Applicant's address) ReLur.n to; Cheryl L. Anderson P. 0. Box,-220 Aberdeen Acres Stephenson, Virginia 99696 I hereby cerLify ghat Lhe 171170l)n9r)d ap131.10-at-1.011, location', and operaL.i.on of the fac.l.l..f.l-.y I.ci anns.laLaill: a1.1. ordinances adopted pursuant to Cha j')LO C II ' ( 0.15 , 1.-4 27 eL fiefs, ) of '1,1.tle 15. 1 of the Code. Sigilahlr© 'I'I.L-le P171.11L- liallle - Date 0 COMMONWEALTH ®f VIRCjI IAt Richard N. Burton Executive Director Post Office Box 11143 Richmond, Virginia 23230-1143 (804) 257-0056 Mrs. Cheryl Anderson P.O. Box 220 STATE 1FATER CONTROL BOATED 2111 Hamilton Street Please reply to: Valley Regional Office 116 North Main Street P. O. Box 268 Bridgewater, Virginia 22812 (703) 828.2595 9 July 1987 Stephenson, Virginia 22656 Re: No Discharge Certificate Application Dear Mrs. Anderson: As a result of local governing body concerns, the 1987 Virginia General Assembly enacted Section 62.1-44.15:3 of the Code of Virginia. This Section requires that an application for a certificate to discharge wastewater into state waters or adjacent to State waters must contain notification from the governing body of the. county, city, or town in which the discharge is to take place that the location and operation of the discharging facility is consistent with applicable ordinances. This section is effective on July 1, 1987. As a result of this Section of the Code of Virginia, any application that is currently in process must provide for this local governing body approval. Our records indicate that you have submitted an application for a No Discharge Certificate. The submitted application did not provide, however, the approval of the local governing body. In accordance with Section 62.1-44.15:3 we are unable to consider this application complete until the local governing body approval is obtained. We request that you provide us with this approval as soon as possible; in the interim, we will continue to process your application. However, if we have not received the local governing body approval by the time the certificate is ready to be issued, we must consider the application incomplete and return the application to you. 9 July 1987 - 2 - Mrs. Cheryl Anderson For your convenience attached is a form that you may use to satisfy this new application requirement. We would appreciate your timely assistance in this matter. If there are any questions, please don't hesitate to contact us. Sincerely, A )mes � D. Green Regulatory Services Specialist jf cc: VRO File Leslie Romanchik, OWRM A Regular Meeting of the Frederick County Board of Super- visors was held on October 24, 1990, at 7:15 P.M., in the Board of Supervisors' Meeting Room, Frederick County Courthouse, Loudoun Street Mall, Winchester, Virginia. PRESENT: Kenneth Y. Stiles, Chairman; Robert M. Rhodes, Vice -Chairman; Dudley H. Rinker; Roger L. Crosen; W. Harrington Smith, Jr. and Charles W. Orndoff, Sr. CALL TO ORDER The Chairman called the meeting to order and asked that everyone observe a moment of silence in absence of a Minister. ADOPTION OF AGENDA Mr. Stiles requested approval of a proclamation for National Education Week. Mr. Riley stated that he had a request from the Virginia Department of Transportation. Mr. Smith stated that he would like to discuss stormwater drainage. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the Agenda was adopted as amend- ed. APPROVAL OF MINUTES Mr. Rinker stated that in the minutes of September 12, 1990, Page 12, fifth paragraph, the word "work" should be "word". Mr. Crosen stated that on Page 9, under the request from Tri-County O.I.C., it should be noted that Frederick County will participate in funding even if the Regional Jail Board decides not to. Upon motion made by Dudley H. Rinker, seconded by Charles W. Orndoff, Sr. and passed unanimously, the minutes of the Regular Meeting of September 12, 1990 were approved as amended. Mr. Crosen stated that in the minutes of September 26, 1990, Page 8, fourth paragraph, that he did not second the motion for approval. Mr. Stiles stated that he believed. Mr. Rhodes seconded the motion. 195 Cle k, lodaid f pervisors i tVIXJ Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, the minutes of the Regular Meeting of September 26, 1990 were approved as amended. PRESENTATION OF CERTIFICATES FOR EMERGENCY MEDICAL SERVICES STAFF AND COUNTY EXTENSION HONUUgAKERS - APPROVED Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, certificates for the following County Extension Homemakers and 4-H members were approved: Martha Durst Margaret Douglas Susan Carden Elwanda Luttrell Aneta Hahn Kim Toney Amy Gibson Lori Orndorff J. R. Marker Clay Wimlierley Jim Leurs Brandie McDonald Todd Stiles Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, certificates for the following Emergency Medical Services staff were approved: Wanda Tederick Gary DuBrueler SUSAN S. CLAYTOR REAPPOINTED TO THE HANDLEY REGIONAL LIBRARY BOARD Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, Susan S. Claytor was reappointed to the Handley Regional Library Board as a represen- tative from Frederick County for a four year term, said term to expire November 30, 1994. JACK EINSTEIN APPOINTED TO THE BOARD OF ASSESSORS TO FILL THE VACANCY CREATED BY THE RESIGNATION OF BOB HOWARD Upon motion made by Roger L. Crosen, seconded by Charles W. Orndoff, Sr. and passed unanimously, Jack Einstein was appointed to serve on the Board of Assessors to fill the vacancy created by the resignation of Bob Howard. TODD A. CONNOR REAPPOINTED'TO THE CHAPTER 10 BOARD Upon motion made by Roger L. Crosen, seconded by W. Harrington Smith, Jr. and passed unanimously, Todd A. Connor was reappointed to the Chapter 10 Board as a representative.from L` Vd f Frederick County for a three year term, said term to commence January 1, 1991 and expire on December 31, 1993. PROCLAMATION PROCLAIMING NATIONAL EDUCATION WEEK - APPROVED Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr. and passed unanimously, the following proclamation was approved: WHEREAS, Americas public, schools serve all of the children of all of the people; and WHEREAS, the strength of a community is measured by the schools it keeps; and WHEREAS, the schools of the 1990s need broad citizen support to meet the diverse needs of today's families and to help each student achieve his or her potential; and WHEREAS, educational excellence is built on the involvement of the entire community, including parents, business leaders, elected officials, public service personnel, and senior citizens, NOW, THEREFORE, I, Kenneth Y. Stiles serving as Chairman of the Frederick County Board of Supervisors do hereby proclaim American Education Week, November 11-17, 1990. ateAll citizens are urged to observe this week with appropri- activities and to renew their commitment to the education of every child. Signed this 19th day of October, 1990. REQUEST FROM THE VIRGINIA DEPARTMENT OF TRANSPORTATION FOR TRANSFER OF FUNDS Apjjj9 n Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the request from the Virginia Department of Transportation for a transfer of funds in the amount of $248,543.67 was approved for the Secondary System. LETTER OF THANKS TO THE BOARD RECEIVED FROM CHAIRMAN OF THE YOUTH COMMITTEE, TEEN CENTER Mr. Riley, County Administrator, read a letter at this time from Mrs. Shelda Longerbeam, Chairman of the Youth Committee for the Teen Center, thanking the Board for all their support. REQUEST FROM THE COUNTY OF ALBE ARLE TO ENpORSE RESOLUTION OPPOSING THE PLEDGE BOND REFERENDUM APPROVED Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and passed unanimously, the Board of Supervisors do hereby endorse the Albemarle County Board of Supervisors' resolution in their effort to oppose the Pledge Bond Referendum. PUBLIC HEARIN 99 AN AMENDMENT TO THE FREDERICK COUNTY CODE CHAPTER 20 WATER AND SEWERS: ARTICLE II SEPTIC TANKS GENERALLY TO AMEND SECTION 2-1-2 DISPOSITION OF SLUDGE ETC. REMOVED UPON CLEANING --APPROVED Mr. Donald Merritt, of Merritt Sanitation, appeared before the Board and asked that the County look into and take measures to prevent haulers from West Virginia coming into Frederick County to pump sludge and then return to West Virginia to dump. He explained this is being done and these same haulers are charging a lesser amount and if this is allowed to continue, the haulers in Frederick County will be put out of business. The Board instructed Mr. Riley to notify the Health Depart- ment that this is not allowed and should be stopped immediately. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Rhodes and passed unanimously, the following ordinance amendment was approved: AN AMENDMENT TO THE FREDERICK COUNTY CODE, CHAPTER 20, WATER AND SEWERS; ARTICLE II, SEPTIC TANKS GENERALLY; TO AMEND SECTION 2-1-2, DISPOSITION OF SLUDGE, ETC., REMOVED UPON CLEANING; TO READ AS FOLLOWS: 2-1-2 Any person who cleans any septic tank shall dispose of the sludge and materials removed from such septic tank by depositing such sludge and material in the Opequon Water Reclamation Facility. SALE OF SHAWNEELAND LOTS - APPROVED Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the sale of the following Shawneeland lots was approved: LOT NO. PLAT SECTION 2 UNK K 3 1 16 8 UNK N 16 UNK 3 16 UNK K 32 1 16 40 UNK S 41 UNK S 52 3 13 53 3 13 61 UNK B 97 6 11 109 5 22 261 11 5 293 26 23 367 23 23 SALE OF THE COUNTY'S OPTION ON LAND KNOWN AS THE KURTZ PARCEL AND MORE SPECIFICALLY IDENTIFIED IN THE JOINT RESOLUTION OF THE CITY OF WINCHESTER AND COUNTY OF FREDERICK EXECUTED FEBRUARY 20 1980 - APPROVED 100 Upon motion made by Robert M. Rhodes and seconded by Dudley H. Rinker, to approve advertising "For Sale" the County's option on land known as the Kurtz parcel. The above motion was approved by the following recorded vote: Aye - Kenneth Y. Stiles,* Robert M. Rhodes, Dudley H. Rinker, Roger L. Crosen and Charles W. Orndoff, Sr. Nay - W. Harrington Smith, Jr. End of Public Hearings. PLANNING COMMISSION BUSINESS PUBLIC HEARING REVISED CONDITIONAL USE PERMIT APPLICATION 001-86 OF MARK AND CHERYL ANDERSON - STONEWALL MAGISTERIAL DISTRICT - "PROVED Mr. Watkins, Director of Planning and Development, present- ed this revised conditional use permit request and stated that the Planning Commission recommended approval with conditions. Mr. Orndoff asked why condition number two was necessary if ail dogs are kept inside at all times. Mr. Thomas A. Schultz, Jr., Attorney, addressed the Board at this time on behalf of Mr. and Mrs. Anderson and explained that the premises will be improved and fully enclosed, and they were in full agreement with all the conditions with the excep- tion of number five, and they are requesting that the 25% be increased to 50%. Mr. Rinker asked about the soundproofing of the roof and runs. Mrs. Anderson explained her plans for insulating these areas. Mr. Crosen asked Mrs. Anderson her alternate plans for increasing the number of dogs that would be housed at the kennel. Mrs. Anderson replied that she could not give a firm answer at this time. Mrs. Tina Bragg, the Anderson's closest neighbors, appeared before the Board to oppose this request for the following reasons: -01 1. Increase in traffic noise. 2. Depreciation of property surrounding kennel. 3. Who would be responsible for maintenance of road? 4. Neighbors have to live with barking dogs every day. Mrs. Bragg asked the Board to deny this request. Mr. Esten Rudolph, III appeared before the Board and asked that this request be denied as more dogs will make more noise. Mr. Crosen stated that he felt the reason for a conditional use permit was to establish a limit, that being the case, where was this limit going to end for this particular conditional use permit. Mr. Watkins explained to the Board that they needed to set a limit concerning the expansion or say "no" expansion would be allowed. Mr. Crosen stated that no expansion unless it comes back to the Board. Mr. Orndoff explained that the road is not suitable for any additional traffic, therefore he felt no expansion should be -- allowed until the conditional use permit comes back to the Board. Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Rhodes and passed unanimously, to amend condition number five to state that no expansion will be allowed until this conditional use permit is brought back to the Board for their review. Upon motion made by Charles W. Orndoff, Sr. and seconded by W. Harrington Smith, Jr. to approve conditional use permit number 001-86 of Mark and Cheryl Anderson, P. O. Box 220, Stephenson, Virginia, for the -expansion of the existing kennel per the site plan submitted with number five amended as noted. The above motion was approved by the following recorded vote: Aye - Kenneth Y. Stiles, Robert M. Rhodes, W. Harrington Smith, Jr. and Charles W. Orndoff, Sr. Nay - Roger L. Crosen and Dudley H. Rinker. End of Planning Commission public hearings. PRELIMINARY MASTER DEVELOPMENT PLAN - VALLEY FERTILIZER AND CHEMICAL COMPANY - APPROVED 102 Mr. Watkins presented this master development plan request and stated that the Planning Commission recommended approval. Mr. David Bushman appeared before the Board on behalf of the Petitioner. Mr. Al Shirley, area resident, appeared before the Board and explained there is already a drainage problem in this area and if another building is erected it will only add to this problem. Mr. Stiles asked Mr. Bushman to see that the area of stormwater be addressed when the final development plan is submitted. Mr. Shirley also expressed his concern about the current traffic situation on Route 11 North and asked if this was being considered. Mr. Stiles replied yes, but this land has already been rezoned. Mr. Shirley asked the Board about fertilizer on his proper- ty and possible contamination caused by runoff. Mr. Stiles explained to Mr. Shirley that his recourse was with Valley Fertilizer. Mr. Rinker stated at this time, due to a possible conflict of interest, he would not be participating in the discussion or vote on this preliminary master development plan. Upon motion made by Charles W. Orndoff, Sr. and seconded by W. Harrington Smith, Jr., to approve the preliminary master development plan of Valley Fertilizer with two conditions as follows: 1. Final master development plan to address area of stormwater. 2. Identify all lots with residue before any site plans or master development plans are approved. The above motion was passed by the following recorded vote: Aye - Kenneth Y. Stiles, Robert M. Rhodes, Roger L. Crosen, W. Harrington Smith, Jr. and Charles W. Orndoff, Sr. Abstaining - Mr. Dudley H. Rinker. Mr. Shirley asked if borings could be done earlier. Mr. Stiles replied at site plan stage. J,03 FIRE AND RESCUE ASSOCIATION REPORT Mr. Crosen, Board liaison on the Fire and Rescue Associa- tion, presented the following report and stated that it was for information only: The Fire and Rescue Association met on Monday, October 15, 1990 at 7:30 P.M., at the Round Hill Volunteer Fire Company facility. All companies were represented with the exception of Round Hill and Timberidge. Also present were Board Member Roger L. Crosen; Director Thomas W. Owens; Fire Marshal Douglas A. Kiracofe and Mr. Frank Spurr. The following items were discussed, however none require Board action at this time: Career Firefighters Director Owens advised that five new career Firefighters would report for duty on Tuesday, October 16, 1990. They will be assigned to the following locations: - Tim Welsh and Bill Bowmaster, Greenwood V.F.D. - Dennis Lineburg and Jeff Mongold, Round Hill V.F.D. - Ty Cather, Gainesboro V.F.D. A sixth person is expected to be on board by November 1st. This person will be assigned to the Stephens City Station. The two Firefighters assigned to Middletown will remain there. Owens explained that the logic behind this deployment was based on medical service delivery. This provides a two person crew at stations that have ambulance transport capability and one person at stations providing first responder service only. Should the relocation of Timberidge Rescue to Gainesboro become a reality, one of the career people assigned to Round Hill will be trans- ferred to Gainesboro to complete the two person crew needed for the ambulance. We are still waiting to hear from the County Attorney on whether the career people can continue as volunteer under the Fair Labor Standards Act. Director Owens thanked Chiefs Weller, Shiley, Whitacre and Association President Silva for their assistance with the hiring process. Red Ribbon Week 1U4 Director Owens explained the Red Ribbon Week Drug Awareness Program'. He informed the representatives that a memo of expla- nation and a supply of red ribbons had been sent to each company president. All companies were encouraged to support this worthwhile effort to discourage.drug us. Financial Report Forms The financial report forms for 1990 were distributed to each company represented. For those companies not represented their financial forms were mailed to them. ' EMS License Director Owens informed the Association that with the addition of the career personnel, the State EMS representative has recommended that the County Fire and Rescue Department become a licensed EMS Agency. Owens advised that the Board of Supervisors had approved this action and the application is being filed. Commendation Director Owens stated that the previous week had several significant incidents. Two major fires and a hazardous materi- als incident have kept our units very busy. He commended the professional approach, cooperation and teamwork displayed by all units and personnel operating at these incidents. Draft Service A reemen Director Owens reminded all companies that comments on the service agreement are due to him by October 22, 1990. Fire and Rescue De a tmen o o Desi n Director Owens stated that he would like to open up a design competition for an organizational logo for the County. Phis would be open to all members of the service. A memo :ontaining guidelines will be forthcoming. Fire a d Rescu Assoc t ds The Association asked the Director if it would be possible :o obtain file space in his office for the Associations' records. He stated that at this time he had no extra room in he office for additional records storage. He advised that the ounty Administrator's Office is pursuing several options to n 105 provide more office space for the'department. He stated he would be happy to provide record storage space once more room is available. Incident Command Svstem A discussion was held on the need to develop a more formal incident command system for use in Frederick County. It was suggested that this system be developed jointly with the City so we may have one command system for both jurisdictions. A committee was appointed to work with the Director to develop a formal incident command system. BOARD MEMBER W. HARRINGTON SMITH JR. ADDRESSED THE BOARD RE: DAMAGE FROM STORMWATER Mr. Smith stated that he had toured various locations within his district, as well as other districts, and something had to be done in the area of stormwater management. He ex- plained that due to the heavy rains in the County within the last two weeks, which really brought this problem to the sur- face, the area of stormwater management really needed to be discussed and a decision made as a lot of County citizens realized a lot of damage to their property as a result of stormwater. Mr. Stiles stated that the County is working on this and progress is being made, however, it will be slow. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN. , Boar of upervisors, Cler Board of Supe visors A COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/667-0370 MEMORANDUM To: Lawrence Ambrogi, Commonwealth Attorney From: Robert W. Watkins, Director Subject: Site Plan Submission of Andersons Date: August 2, 1990 Mark D. and Cheryl L. Anderson have submitted to us a site plan for additional kennels and offices at the Aberdeen Kennels. Previously we have made a determination, in consultation with the Planning Commission, that they would need to amend their conditional use permit in order to allow this expansion of the use. The Andersons applied for an amendment to the CUP to allow the expansion. The Planning Commission recommended denial. The Anderson's withdrew the application in August of 1989. Our question to you is are we obligated to accept the site plan application despite the fact that we cannot approve it? Should we accept it and disapprove it? Background materials are attached. Please let me know if you have questions. 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601