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HomeMy WebLinkAbout04-87 Wray D & Darlene T Kimmel - Gainesboro District - BackfileCOUNTY of FREDERICK Departments of Planning and Building Us 703 /6-54-5650 March 17, 1987 Wray D. and Darlene T. Kimmel HC-1, Box 225 Cross Junction, Virginia 22625 RE: Conditional Use Permit #004-87 of Wray D. and Darlene T. Kimmel Dear Mr. and Mrs. Kimmel: This letter is to confirm the Frederick County Board of Supervisors' action at their meeting of March 11, 1987: Approval of Conditional Use Permit #004-87 of Wray D. and Darlene T. Kimmel for a Boarding Kennel, to be located on the right (east) side of Route 522, 14 miles north of the Winchester City limits, in the Gainesboro 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 will expire and a new conditional use permit will be required. 3. Off-street parking will be provided. 4. Construction of the kennel and runs shall be constructed in accord with the attached plan. I 5. Should noise become a problem, this conditional use permit shall be reviewed by the staff and conditions recommended to the Planning Commission and Board of Supervisors for noise abatement. If you have any questions regarding your conditional use permit, please do not hesitate to call this office. Sincerely, Robert W. Watkins Director SMG/rsa cc: Eston 0. Rudolph, Jr., Commissioner of Revenue George B. Whitacre, Circuit Court Clerk 0 C'n,irt gnnare - P.O. Box 601 Winchester, Virginia - 22601 COUNTY of FREDERICK IDepartments of Planning and Building 6Q 703/6-"-5650 February 25, 1987 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: Wray D. and Darlene T. Kimmel Conditional Use Permit For: A boarding kennel, which will be a 16' X 24' addition to the north end of an existing barn. This property is located on Route 522 North, 14 miles north of Winchester, on the east side of 522, 300 yards north of Branner's Gift Shop. This conditional use permit will be considered by the Frederick County Board of Supervisors at their meeting of March 11, 1987, at 7:15 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, Robert W. Watkins Director RWW/rsa 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 This is to certify i-lc& the attached correspondence was mailed to the following on February 2.5, 1987 from the Department of Planning and Development, Frederick County, Virginia: Wray D. & Darlene T. KiAmel H.C'.# 1, Box 255 Cross Junction, VA 22625 Madeline Luttrell H.C. #1, Box 210 Cross Junction, VA 22625 Benjamin. W. & Lucille Burkhart 1151 Wild Rose Circle Winchester, VA 2.2601 Charles W. & Reva H. Brill H.C.# 1, Box 35 Cross Junction, VA 22625 Ralph I. & Phyllis M. Kerns H.C.#2, Box 71 Whitacre, VA 22662 STATE OF VIRGINIA COUNTY OF FREDERICK Gary L. & Jean A. Lewis H.C.# 1, Box 260 Cross Junction, va 22625 Eugene Shirley Cross Junction, VA 22625 Robert W. Watkins, Director Frederick County Dept. of Planning I, , 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 , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this My commission expires on day of , 1987. f COUNTY of FREDERICK IDepartments of Planning and Building 703/ 5650 February 18, 1987 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: Wray D. and Darlene T. Kimmel Conditional Use Permit For: A boarding kennel, which will be a 16' X 24' addition to the north end of an existing barn. This property is located on Route 522 North, 14 miles north of Winchester, on the east side of 522, 300 yards north of Branner's Gift Shop. This conditional use permit will be considered by the Frederick County Planning Commission at their meeting of March 4, 1987, 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, ;; P, vl� A/ Robert W. Watkins Director RwW/rsa 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 This is to certify tho± the attached correspondence was mailed to the following on February f$-, 1987 from the Department of Planning and Development, Frederick County, Virginia: Wray D. & Darlene T. Kimmel H.C.# 1,7 Box 255 Cross Junction, VA 22625 Madeline Luttrell H.C. #1, Box 210 Cross Junction, VA 22625 Benjamin. W. & Lucille Burkhart 1151 Wild Rose Circle Winchester, VA 22601 Charles W. & Reva H. Brill H.C.# 1, Box 35 Cross Junction, VA 22625 Ralph I. & Phyllis M. Kerns H.C.#2, Box 71 Whitacre, VA 22662 STATE OF VIRGINIA COUNTY OF FREDERICK Gary L. & Jean A. Lewis H.C.# 1, Box 260 Cross Junction, va 22625 Eugene Shirley Cross Junction, VA 22625 Robert W. Watkins, Director Frederick County Dept. of Planning I, , 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 , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this My commission expires on day of , 1987• COUNTY of FREDERICK IDepartments of Planning and Building (145 703lk-5'3=5650 M E M O R A N D U M VA Dept. of Highways & Transportation ATTN: Mr. Bill Bushman Planning and Zoning ATTN: Mr. Stephen M. Gyurisin Gainesboro Fire Company ATTN: Mr. Larry Light Inspections Department ATTN: Ms. Donna Ritter Health Department , ATTN: Mr. Herbert Sluder Reynolds Store Fire Company ATTN: Mr. Arend Nydam FROM: Robert W. Watkins, Director DATE: February 4, 1987 SUBJECT: Review Comments On: __X__ Conditional Use Permit Site Plan Preliminary Master Plan Subdivision Rezoning We are reviewing the enclosed request by Wray D. & Darlene T. Kimmel , or their representative, Wray D. & Darlene T. Kimmel, 888-3733 Will you please review the attached and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: ------------ U ------------------ ------------------------------------------- Signature-- Date - - ------------------- ------ -- -- —_- g------------ 9 Court Sauare - P.O. Box 601 - Winchester, Virginia - 22601 COUNTY of FREDERICK q Department of Planning and Development wi REQUEST FOR COMMENTS John T.P. Horne - Planning Director Stephen M. Gyurisin - Deputy Director C 01 ` - " 703/662-4532 TO: l�`r;r= Mam H. Bushman Resident Engineer VA. Dept. of Highways P.O. Box 278 Local Office: & Transportation Commerce Street Winchester, VA. 22601 Edinburg, Virginia 22824-0278 (703) 662-8876 (703) 984-4133 FROM: Robert W. Watkins, Director of Planning DATE:: -7 SUBJECT: Review Comments for ✓ Conditional Use Permit Rezoning Subdivision Site Plan Please review this request for a Q0,gR0)r,)(> r-,FN"'EL located at >y M, 1ls; N. OF rv,N,-kt- ' (R u'i Ri 5F1R5T Drlv�WAy , ;;/1 N/g;l�,Lx ON K` -4 r PAs7 Proposed building and improvements: n 1� x a� l;pp,�,,"�;� 7o N,r� /3RRUN R'c,\Prp This comment sheet must be returned of Planning and Development, or the for the meeting of to the Frederick County Department applicant, by VDH&T Comments: No objection to Conditional Use Permit.. However, prior to starting this business a_permit must be a12plied for and approved to conform to the VDH&T minimum entrance ___al an Bards . VDH&T Signature: Applicant's Name: Address: Phone Number: Date: W AAY 1)• eim1 Ic L � hi, c,. l30 X- ;;L 5-s- C—X 0 s 5 :'< IQ c?i o n/ I 1//,R" 3 1P l NOTICE TO APPLICANT: It is your responsibility to contact the Virginia Department of Highways & Transportation for comments on yourproject and to return all comments as part of your applica- tion before or on the submittal deadline date. 9 ' ourt Sauare - P,0. Box 601 - WinebPOF r. er;--;,,;� - nl of FREDERICK J + a 4WE)%partthent lanning and Development REQUEST FOR C KMEN� ; ` J T.P. Horne - Planning Director S� en M. Gyurisin Deputy Director I75H - 703/662-4532 TO: Mr. Herbert L. S luder 6�9Z LZ92 Sanitarian Frederick -Winchester Health Department Located at the P.O. Box 2056 intersection of Winchester, Virginia 22601 Smithfield Ave. & (703) 667-9747 Brick Kiln Road FROM: Robert W. Watkins, Director of Planning DATE: SUBJECT: Review Comments for _Y_ Conditional Use Permit Rezoning Subdivision Site Plan Please review this request for a 0A(�,D)Ne, Keluy cL­ 1 cated at yy 9. vF w,Nc kek-rFP_ ON jt !;'-1 A, , FiAsT DjIVEWAy ON flic)ar PAO' 16AANNE0 G�Ff 5{IeP Proposed building and improvements: /7 /� x ay' To NvtzT1 ep9 of axis %iivG . l319RN- • This comment sheet must be returned to the Frederick County Department of Planning and Development, or the applicant, by for the meeting of Health Signature:G �_, C Date: ;;� -V 7 Applicant's Name: !,v/{,gy D. W) m ti 15& Address: H. C. sa � � 43o x 26'19' CROSS aTKNLTioN � Kq. Phone Number: C2, S 8'g- 3733 ,�c�r C3o�> -a a -3^a8 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. COUNTY of FREDERICK Depart its of Plana i nd Building 03/§§T-5650 N M E M O R A N D U M VA Dept. of Highways & Transportation ATTN: Mr. Bill Bushman Planning and Zoning ATTN: Mr. Stephen M. Gyurisin Gainesboro Fire Company ATTN: Mr. Larry Light Inspections Department ATTN: Ms. Donna Ritter Health Department , ATTN: Mr. Herbert Sluder Reynolds Store Fire Company ATTN:' FROM: 'Robert W. Watkins, Director DATE: February 4, 1987 SUBJECT: Review Comments On: X Conditional Use Permit Site Plan Preliminary Master Plan Subdivision Rezoning We are reviewing the enclosed request by Wray D. & Darlene T. Kimmel , or their representative, Wray D. & Darlene T. Kimmel, 888-3733 '...Will you please review the attached and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: --------------j--------------------------------------�------------------------------------- - ---------------------------------------------------------------------------- Signature _ �z 6C� ��S/�C Date 9 Court Souare - P.O. Box 601 - Winchester, Virginia - 22601 r CONDITIONAL USE PERMIT 0004-87 Wray D. and Darlene T. Kimmel Boarding Kennel LOCATION: Route 522, 14 miles north of Winchester City Limits. Property is on right (east) side of Route 522, 300 yards north of Branner's Gift Shop. First driveway with mailbox north of Branner's on east side of Route 522. MAGISTERIAL DISTRICT: Gainesboro ADJACENT LAND USE AND ZONING: Agricultural land use and zoning. PROPOSED USE AND IMPROVEMENTS: A 16' X 24' addition to the north end of existing barn for a boarding kennel. REVIEW EVALUATIONS: Virginia Dept. of Highways and Transportation - No objection to conditional use permit. However, prior to starting this business, a permit must be applied for and approved to conform to the VDH&T minimum entrance standards. Health Department - No objection. Any waste disposal facility, if needed, will be constructed in accordance with State Water Control Board regulations (copy attached). Inspections Department - Proposed addition to be designed and built in accordance with VUSBC and applicable referenced standards for intended use. Gainesboro Fire Company - No objection. Reynolds Store Fire Company - No comments or objections at this time. Planning and Zoning - No objection. The proposed use of kennels is permitted in the A-1 (Agricultural Limited) Zoning District with a conditional use permit. STAFF RECOMMENDATIONS: Approval, with the following conditions: V 4 Page 2 Kimmel CUP 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. Off-street parking shall be provided. 4. Construction of the kennel and runs shall be constructed in accord with the attached plan. 5. A six-foot wood stockade fence or other solid fence providing a solid screen must be provided around the outside of the run area. 6. Should noise become a problem, this conditional use permit shall be reviewed by the staff and conditions recommended to the Planning Commission and Board of Supervisors for noise abatement. PLANNING COMMISSION RECOMMENDATIONS: Unanimous approval, 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. Off-street parking shall be provided. 4. Construction of the kennel and runs shall be constructed in accord with the attached plan. 5. Should noise become a problem, this conditional use permit shall be reviewed by the staff and conditions recommended to the Planning Commission and Board of Supervisors for noise abatement. ` APPLICATION FOR CONDITIONAL USE PE IN THE COUNTY OF FREDERICK, VIRGINIA Conditional Use Permit No. Application Date Fee Paid 075,00 Submittal Deadlin6 For the Meeting of .rye (-ti -T J 6� FEB 1987 DEPT. OF PIA"INfiQ AND B[LDIN 1. The applicant is the owner other (check one) OWNER: MCOCCUPANT: (if other than owner) 2. NAME: J'i/ML) WkA)/ b.`r t)A2�LN6T NAME: SAr1 6 ADDRESS : 1- . c. � / 5 ADDRESS: CAOss sa,v TELEPHONE: TELEPHONE: 3. The property is located. -at (please give exact directions) _ f)[•I' ��� "cl- )w Miles Nook-rk oP tTy /S ON P,*'g (EA! 1) Sync ir' RT, s";L-x -?oo P?izQs No2Td oP (SAftINsie'.s %i!'% Sdhop. i % hA(Ve-)J9y t�,TN /1Aif o" N,,k N of 92ANt'r-Qs Onl CA T S , o c 0 rff-s ,o, -a- 4. The property fronts state route and consists of v�• �� acres. (Please be exact) 5. The property is owned •by luffY ©.-/ 0R,e/6n/>=-tMM as evidenced by deed from biwi 4ouvem recorded in deed book no. on page _ ELK , registry of the County of F96A914c'. 6. This property is designated as parcel no. �/y-�6 on tax map no. in the GA;tvc5(3o2.o Magisterial District. 7. The type of use proposed is de"9,1 A/i�1J* Ale- NS 8. It is proposed that the following additions/improvements to existing buildings will be constructed. f) 16, X aq' /fDo/T/otJ To l-V4-- isw i) y r E y,) �T; N c- ICJ- F1LU• 9. It is proposed that the following buildings will be constru,.cted: No ty 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) NAME 1. Address: ox Property ID#: 2. �oV�V"n� �� � &`ilic Address: '�� , - --r-� (eV) Lb �051- C(rcc,/E (,UtNc�F-S/L-R 14 Property ID# : /'/OOo -•)JoD 0000 -- OOOC9 — 0e) 49-- p J�'R1/I Address: W # ) �o �' . Property ID# &,00-Ao0--0o00--C?000- o j�'jISS'Y 4. Address: A/.('_•-# ;� (Sok- 7 wry!%/%c/z Property ID# : - �L-A 1 2, ac, 0/ Page Two t' Conditional Use Permit NAME 5. Address: 1/: C_ l � k ado C,/�6ss txV-)cT►- nyu l�,y Property ID# 11C)OO-- )go0-0000-oDo0•-oDy�/ G 6. Address: Property ID#: 000--00-00 0000--00 )0-0 7. Address: Property ID#: 8. Address: ProPert_y 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: 1-71- 6- # Cl2 D S c SU P) C,7j 6 P'/ Telephone Number: '" 37-33 1\ (36�() For Office Use Only PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) Approval Denial SECRETARY (signed) BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) 3-11—ap? Approval Denial COUNTY ADMIN. (signed) a ' Rage 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. oy 4o(';l" (' q 41So' H o—r6 : SonLr De Gs will J36 KOV56{l INsiOt` SAAN Ar f1J/ T-M6S. fill will 136 hovs&O BARN A' NGr.l i• 0„i„o6 f�RdPt;S�D 740D�'ffcr� QyNS -- - - - - -i D ' a Z),- M .o ExIs7,NG QRRN M 4� EIG5`�7q'� T Hou5E 0 y M IM_ N° INTRODUCTION General By authority of the State Water Control Law (Article 1, § 62.1-44.2 et. seq., Code of Virginia of 1950, as amended, hereafter referred to as "the Law"), the State Water Control Board (hereafter referred to as "the Board") is the State agency with the responsibility to: 1. protect existing high quality State Waters and restore all other State waters to such condition of quality that any such waters will permit all reasonable public uses and will support the propagation and growth of all aquatic life, including game fish, which might reasonably be expected to inhabit them, 2. safeguard the clean waters of the State from pollution, 3. prevent any increase in pollution, and 4. reduce existing pollution, in order to provide for the health, safety, and welfare of the citizens of the Commonwealth." Although domestic sewage and wastes from large industrial operations are probably more familiar to the layman because of the publicity given such causes of pollution, animal wastes resulting from certain agricultural operations also pose a serious threat to the quality of the Commonwealth's waters and the social and economic benefits derived therefrom. For example, the massive closings of many of the State's shellfish harvesting grounds in 1972 was attributed in part to contamination of these areas by animal wastes. Situations such as this have focused more and more attention on the problem of controlling actual and potential water pollution by sources of an agricul- tural nature. Legal Basis for Controlling Animal Wastes* Authority to control animal wastes has been derived from two segments of the Law. Article 1. § 62.1-44.3(8) defines "Industrial Wastes" as any "liquid or *For the purposes of this manual, animal wastes will be thought of as those resulting from primarily agricultural operations (dairies, chicken houses, etc.), i.e. wastes generated by the animals themselves and by any process connected with their production. handling, stabling, etc. Thus, ough, milkhouse wastes from a dairy operation would be considered a t f' t part of animal wastes, wastes resulting from processing animals W o mea oducts would not. (This, of course, does not preclude the issd"ce o o-discharge Certificates to such processing operations.) l— N other wastes resulting from any process of industry, manufacture, trade or business, or from development of any natural resources." As such, § 62.1-44.16(1) of Article 3 is applicable which states: "l. Any owner who erects, constructs, opens, reopens, expands, or employs new processes in or operates any establishment from which there is a potential or actual discharge of industrial wastes or other wastes to State waters shall first provide facilities approved by the Board for the treatment or control of such industrial wastes or other-. wastes. Application for such discharge shall be made to the Board and shall be accompanied by pertinent plans, specifications, maps, and such other relevant infor- mation as may be required, in scope and detaiis satisfactory to the Board." A somewhat different definition is found in Article 1, § 62.1-44.3(9) of the Law, which describes other wastes as being decayed wood, sawdust, shavings, bark, lime, garbage, refuse, ashes, offal, tar, oil, chemicals, and all other substances, except industrial wastes and sewage, which may cause pollution in any State waters." Following this interpretation, Article 3, § 62.1-44.17 is applicable, which states: "l. Any owner who handles, stores, distributes or produces other wastes as defined in § 62.1-44.3(9), any owner who causes or permits same to be handled, stored, dis- tributed or produced or any owner upon or in whose establishment other wastes are handled, stored, dis- tributed or produced shall upon request of the Board install facilities approved by the Board or adopt such measures approved by the Board as are necessary to prevent the escape, flow or discharge into any State waters when the escape, flow or discharge of such other wastes into any State waters would cause pollution of such State waters. 2. Any owner under this section requested by the Board to provide facilities or adopt such measures shall make application therefor to the Board. Such appli- cation shall be accompanied by a copy of pertinent plans, specifications, maps, and such other relevant information as may be required, in scope and details satisfactory to the Board." In the past, the broader, "other waste" classification of animal wastes has been favored by the Board's staff but more recently, the Attorney Genera 3 J office has applied the "industrial waste" definition to animal wastes. Regardless of which definition is used, though, it is obvious that t-i3oard is empowered with sufficient authority by the Law to regulate the M ling; rrs.T treatment, storage, disposal and any other actions connected with , 1 wastes when State waters may be contaminated. -2- 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. N 0 M (a. J e-, /36 Y�v✓St0 INs���` PA R. T' A r R 11 'j , M Le R)l rjo'-'. WIII CL