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PC_05-05-10_Meeting_MinutesMEETING MINUTES • OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on May 5, 2010. PRESENT: June M. Wilmot, Chairman /Member at Large; Roger L. Thomas, Vice Chairman/ Opequon District; Brian Madagan, Opequon District; Gary R. Oates, Stonewall District; J. Stanley Crockett, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; Charles E. Triplett, Gainesboro District; George J. Kriz, Gainesboro District; Greg L. Unger, Back Creek District; Kevin O. Crosen, Back Creek District; Christopher M. Mohn, Red Bud District; Philip E. Lemieux, Red Bud District; and Roderick Williams, Legal Counsel. STAFF PRESENT: Mark R. Cheran, Zoning & Subdivision Administrator; John A. Bishop, Deputy Director - Transportation; and Renee' S. Arlotta, Clerk. CALL TO ORDER & ADOPTION OF AGENDA Chairman Wilmot called the meeting to order at 7:00 p.m. Chairman Wilmot noted one change to this evening's agenda. Chairman Wilmot said the last item, Number 6, Tab C, Water Service in the Stephenson Area, needs to be postponed until a later date. A motion was made by Commissioner Kriz to adopt the agenda with Item Number 6, Tab C, removed. This motion was seconded by Commissioner Triplett and the Planning Commission unanimously adopted the May 5, 2010, agenda for this evening's meeting. MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the March 17, 2010, minutes of the Frederick County Planning Commission were unanimously approved as presented. Frederick County Planning Commission Page 2636 Minutes of May 5, 2010 -2- COMMITTEE REPORTS • Conservation Easement Authority — 4/22/10 Mtg. Commissioner Triplett reported that the Conservation Easement Authority (CEA) discussed fundraising efforts and a website for monetary contributions is being considered. Also discussed was the TDR (Transfer of Development Rights) Program, which had been presented to the Board of Supervisors on April 28, 2010. Commissioner Triplett said a Cedar Grove Road resident wanted to dedicate a 20 -acre easement. An application was provided and the request will be considered in the near future. CITIZEN COMMENTS Chairman Wilmot called for public comments on any subject not on the Commission's agenda for this evening. No one came forward to speak. PUBLIC HEARING Conditional Use Permit #03 -10 for Animal Medical Center, submitted by Grey Wolfe, Inc. to allow • for a building expansion and parking at 689 Aylor Road (Rt. 647) in association with the conditions set forth by Conditional Use Permit #06 -95. This property, zoned RP (Residential Performance) District, is identified with P.I.N. 75 -A -38 in the Opequon Magisterial District. Action — Recommended Approval with Conditions Commissioner Oates said he would abstain from all discussion and voting on this conditional use permit due to a possible conflict of interest. Commissioner Crosen said he would abstain from all discussion and voting on this conditional use permit due to a possible conflict of interest. Zoning and Subdivision Administrator, Mark R. Cheran, reported this is an application to expand an existing conditional use permit (CUP) #06 -95, which was approved by the Board of Supervisors on August 9, 1995. Mr. Cheran stated that veterinary offices are a permitted use in the RP (Residential Performance) Zoning District. He said the existing building foot print is approximately 3,500 square -feet and the applicant is applying for a building addition of no more than 12,500 square -feet. Mr. Cheran noted a new site plan will be required with the building addition in order to update the site to meet current ordinance requirements, including parking. Mr. Cheran reported that the Planning Department has received a number of letters and emails, both in favor and opposition to the CUP; comments against the CUP range from odors and traffic to drainage. Mr. Cheran pointed out this business has been operating at this site since 1995 and there have been no reported zoning violations during that time. In addition, VDOT has had no issues with the • Frederick County Planning Commission Page 2637 Minutes of May 5, 2010 -3- • road and entrances. He noted that drainage and stormwater management issues will be addressed at the site plan stage of development. Mr. Cheran next read a list of recommended conditions, should the Planning Commission find the expansion to be appropriate. Commissioner Mohn inquired what type of screening elements would be required to be installed by ordinance for the buffering. Mr. Cheran replied it would most likely be a full- screen buffer, such as the existing six -foot fence along the property line, which was installed pursuant to the site plan issued back in the 1990s. Commissioner Lemieux asked about the entrance and Mr. Cheran replied that VDOT reported no issues with the entrance. Mr. Cheran recalled the recent improvements made to Aylor Road and along the frontage of this property. He said VDOT owns most of the road frontage except for a small portion owned by the applicant. Mr. Cheran said if it was necessary for the entrance to be opened up more, he thought it could be accommodated. Commissioner Thomas asked if the County was proposing the installation of a full, six - foot opaque fence along the full north side of the property and also the east side of the property. Mr. Cheran replied the additional opaque fence will need to be installed adjacent to the new building addition and parking area along the northern property line. Dr. Bruce E. Welch, DVM, co -owner of the Animal Medical Center, said his goal, along with his partner, Dr. Brian Cather, DVM, is to provide modern, progressive, and state -of -the -art veterinary medicine to the community. Mr. Welch said the technology of veterinary medicine has greatly improved over the years, along with the scope of what is available. Dr. Welch said they currently have an • in -house lab, ultrasound, and endoscopy, and will soon be expanding to do arthroscopy and laparoscopic procedures. He said they would like to expand their intensive care unit and would like to have a second operating room. Dr. Welch explained they conduct many advanced orthopedic and soft tissue operations; however, they need facilities for "ultra- clean" procedures, such as hip replacements, reconstructive knee surgeries, and arthroscopic procedures, in order to have successful outcomes. Therefore, they are hoping to be able to construct a second operating room which they can dedicate for those types of advanced and clean types of procedures. Dr. Welch said they are also hoping to develop a full rehabilitative therapy department. Dr. Welch said they do not have any intentions, at this time, to add more staff or more veterinarians. Dr. Welch next addressed the issues raised in some of the letters of opposition which were received. In particular, Dr. Welch addressed complaints in Ms. Judy K. Laub's letter about the visual attractiveness of the building, the mixing of residential and commercial traffic, the entrance, and the possible health threat due to animal waste. Dr. Welch presented a letter from Mr. Frank R. Lee, a licensed soil evaluator and a former Health Department official, who reported on the environmental condition of the property. Dr. Welch said it was Mr. Lee's professional opinion there was no evidence of a health hazard on the property or any violation under current regulations. He added that the veterinary facility has a person assigned on a daily basis to go out and pick up animal waste. Mr. Welch said they are willing to fence not only the north side of the property, but also, the east side of the property, and to replace the existing privacy fence, which was installed over 13 years ago. Mr. Welch next addressed other complaints, regarding noise, odors, and lighting. Chairman Wilmot opened the public hearing and called for citizen comments. The following persons came forward to speak: C � J Frederick County Planning Commission Page 2638 Minutes of May 5, 2010 -4- iI Mr. Lawrence J. Compher, Opequon District, was a property owner at the northeast • comer of Westmoreland Drive and Accomack Circle. Mr. Compher said they received a letter from Dr. Welch on April 30, and one from the Planning Department, about a week ago, which did not give them much time to research the proposal. He said a big concern was the visual impact of increasing the existing 3,500 square -foot building to a 9,000 square -foot structure. Mr. Compher said the existing building is probably twice the size of any house in the area. He said although the structure is less than 35 feet high, the bam -style roof is not visually appealing. Mr. Compher had concerns about the area on the north side of the building, where the animals are walked; he said when it rains heavily, the ditch overflows. He said stormwater runoff is a problem, especially after the road improvements rechanneled the runoff. Mr. Compher said lighting in the parking area was a concern because of the possibility of lights shining into neighbors' homes; hours of operation and traffic were also concerns. Mr. David Jennelle, Opequon District, a property owner on Westmoreland Drive, said since the veterinary facility was built, there has been a significant amount of water runoff on his property to the extent they have to run three sump pumps in their crawl space almost full time. Mr. Jennelle said his back yard is practically useless with the exception of when there is a drought. He noted there is considerable roof area on the existing structure and when it rains, it falls into a small pitch pocket. Mr. Jennelle asked for the applicant to repair or replace the fence because it has deteriorated over the years. Mr. George Nethers, Opequon District, a resident on Aylor Road, said he has lived in the residence next door to the hospital for the past 2%2 years and has never had any issues with sound, smells, or sanitation. Mr. Nethers said the veterinary hospital has been a very good neighbor and he was glad they are conveniently located there because he owns pets. Mr. Nethers said he was happy to have Dr. Welch's and Dr. Cathers' facility next door to provide the services the area needs. • Ms. Carol Machovec, Opequon District, a resident on Wythe Avenue, spoke in favor of the veterinary facility at this location. Ms. Machovec said she breeds Golden Retrievers and she was happy she only had to travel five minutes to get to this facility. She said she has been a client of Doctors Welch and Cathers since they opened and had never noticed a problem with odors at the facility. She vouched for the doctors in that they will work through any problems they are approached with. Mr. Gerry Casey, Gainesboro District, said he has known Doctors Welch and Cathers since they were six years old and he knew their fathers. Mr. Casey spoke about the two veterinarians' integrity and he assured the Commission that these two gentlemen will do what they say. Mr. Casey said he understood the Planning Commission was concerned because of the uncertainties, but he suggested that the neighbors take a look at the plan. He said this has been a good facility and it is needed in this area. Mr. Casey said this facility was providing good, quality veterinary services. Mr. Glen Barbour, Opequon District, said he lived in Greenbrier Subdivision, around the comer. Mr. Barbour said he has also known Doctors Brian and Bruce all of his life and he has known their families. He said the doctors are expanding for a reason and they will do whatever is asked of them to make the facilities presentable. Mr. Barbour said he has been through the entire building and the owners take great pride in the appearance of their facility. He said this expansion will be an asset to the Stephens City community. Jeff Snyder, Opequon District, said he has known Doctors Welch and Cathers for quite some time and he has used Doctor Welch's services since Dr. Welch started his veterinary practice. He commented that Dr. Welch is always very helpful and is a very caring person. Mr. Snyder said the business would not have expanded in this way if he wasn't a good veterinarian. Mr. Snyder said he has • Frederick County Planning Commission Page 2639 Minutes of May 5, 2010 -5- never experienced any odors about the facility, nor has he experienced trouble getting in and out of the facility, traffic -wise. Ms. Denise Copper, Opequon District, said she lived on Westmoreland Drive and was Mr. Lawrence J. Compher's wife. Ms. Copper said her concern was not about how good a veterinarian Dr. Welch was, but was more concerning the neighborhood and how the expansion would impact the neighborhood. Ms. Copper said within the four years she has lived here, the numbers of stray animals in the neighborhood have been increasing. Ms. Dayna Taylor, Opequon District, said she lives close by in the neighborhood. Ms. Taylor thought many of the concerns raised could be addressed and she questioned why the concerns were not raised earlier. Ms. Taylor said there are a lot of strays in the Lakeside neighborhood and she didn't think it was necessarily due to the animal clinic being there. Concerning the complaint that the facility was an eyesore, she said a number of the facility's new clients have trouble finding the facility, she said the building is large, but the church across the street is large also. Ms. Taylor suggested that odors may be coming from other people's pets that are walking their animals in the neighborhood; she said there are a number of people who walk their animals off -leash and do not clean up when their animals defecate. She said feces are regularly cleaned up at the clinic. Ms. Taylor said there is a pig farm nearby and odors are emanating from that facility. No one else wished to speak and Chairman Wilmot closed the public comment portion of the public hearing. Dr. Welch returned to the podium to address some of the comments that were made by • the citizens. Regarding drainage issues, Dr. Welch said the water flows towards the east side of the property. He commented that when the late Mr. Lovelace, an adjoining property owner, was alive, he asked about the drainage. Subsequently, Dr. Welch said he got Mr. John Neff, the site excavator, and Mr. Ed Strawsnyder, Director of Frederick County Public Works, to come out to the property to take a look at the situation. Dr. Welch said during the late 90's, stormwater management methods consisted of containing water to a region with overflow capacity in order to allow it to seep into the soil and then evaporate. So, at that time this is what was intended and was appropriate. Dr. Welch said when Aylor Road was constructed, the drainage improved somewhat, but during heavy rains, water is retained on the property. Dr. Welch pointed out this was surface water, not potential black water. Chairman Wilmot commented that many of the issues being raised are the type of issues addressed during the site plan stage of development. She said the citizens will have an opportunity to view the site plan as well. Commissioner Thomas said he visited the site twice because he had received numerous communications from the neighbors. Commissioner Thomas thought this facility was one of the best - kept veterinarian clinics he has been around. He said the lot is extremely well kept and he did not find any animal wastes anywhere on the lot. He said he looked in the neighbors' back yards and did not find any evidence of drainage running from the clinic into neighbors' yards. Commissioner Thomas said the swale on the north side of the building probably could not be any deeper than it is now, because of the topography and where it ties into Aylor Road. He didn't see how it could perform any differently. He did not smell any offensive odors, nor did he hear any noise. Commissioner Thomas suggested that Condition Number 3 state, "A matching six -foot opaque fence shall be constructed along the full north and east sides of the property," unless the residents on Accomack would not prefer it be there. U Frederick County Planning Commission Page 2640 Minutes of May 5, 2010 ` Commissioner Kriz suggested that recommended Condition 46 read, "Total building footprint (instead of building area) shall not exceed 12,500 square feet" He also asked the other Commissioners if there should be a condition regarding the hours of operation. Other Commissioners did not think it was necessary to include the hours of operation. Commissioner Madagan suggested the full fence on the east side be optional, between the applicant and the adjoining residents, because those adjoiners have been using this area for a garden. A motion was made by Commissioner Thomas, seconded by Commissioner Madagan, and unanimously passed to recommend approval of Conditional Use Permit 403 -10 for Animal Medical Center, submitted by Grey Wolfe, Inc. to allow for a building expansion and parking at 689 Avlor Road with the following conditions: 1. All review agency comments shall be complied with at all times. 2. A monument -type business sign, not exceeding six feet in height and 20 feet in face area, shall be allowed. 3. A matching six -foot opaque fence shall be constructed on the north side, between the building additions and the parking areas along the north property line, and, at the option of the applicant and the adjoining residents, the fence shall also be erected on the east side of the property. 4. Only animals required to be hospitalized for medical reasons shall be boarded overnight. 5. Animals recovering at the facility will only be permitted in the outside area for brief exercise periods. 6. Total building footprint shall not exceed 12,500 square feet. 7. An engineered site plan shall be submitted and approved by Frederick County. 8. Any expansion or change of use will require a new conditional use permit. The unanimous vote was as follows: YES (TO APPROVE) Unger, Ambrogi, Manuel, Crockett, Thomas, Madagan, Kriz, Triplett, Lemieux, Mohn, Wilmot ABSTAIN Oates, Crosen • Frederick County Planning Commission Page 2641 Minutes of May 5, 2010 -7- ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 8:10 p.m. by a unanimous vote. Respectfully submitted, June M. Wilmot, Chairman Eric R. Lawrence, Secretary LJ • Frederick County Planning Commission Page 2642 Minutes of May 5, 2010