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PC_01-03-01_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 January 3, 2001. PRESENT: Charles S. DeHaven, Jr., Chairman /Stonewall District; John R. Marker, Vice- Chairman, Back Creek District; Greg L. Unger, Back Creek District; John H. Light, Stonewall District; George J. Kriz, Gamcsboro District; W. Wayne Miller, Gainesboro District; Richard C. Ours, Opequon District; Robert A. Morris, Shawnee District; Roger L. Thomas, Opequon District; Gena'E. Fisher, Citizen at Large;,Sidney A. Reyes, Board Liaison; and Jay Cook, Legal Counsel. ABSENT: S. Blaine Wilson, Shawnee District; Vincent DiBenedetto, Winchester City Liaison STAFF PRESENT: Evan A. Wyatt, Acting Planning Director; Eric R. Lawrence, Zoning Administrator; Jeremy F. Camp, Planner I; Howard R. Long, III, Planner I, and Renee' S. Arlotta, Clerk. E CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. ---- - - ---- ELECTION OF OFFICERS & MEETING SCHEDULE FOR 2001 Election of Charles S. DeHaven, Jr., Chairman The Chairman declared nominations open for Chairman. The nomination of Charles S. DeHaven, Jr., for Chairman was made by Mr. Marker and seconded by Mr . ? ?ght. Motion was made by Mr. Thomas, seconded by Mr. Kriz, and unanimously passed to close nominations for Chairman. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously elect Charles S. DeHaven, Jr., as Chairman of the Planning Commission for the Year of 2001. 1 I Frederick County Planning Commission Minutes of January 3, 2001 Page 598 -2- 1] Election of Roger L. Thomas, Vice Chairman Chairman DeHaven declared nominations open for Vice Chairman. The nomination of Roger L. Thomas was made by Mr. Marker and seconded by Mr. Ours. Motion was made by Mr. Light, seconded by Mr. Kriz, and unanimously passed to close the nominations for Vice Chairman. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously elect Mr. Roger L. Thomas as Vice Chairman of the Planning Commission for the Year of 2001. Election of Evan A. Wyatt, Secretary Chairman DeHaven declared nominations open for Secretary. The nomination of Evan A. Wyatt was made by Mr. Marker and seconded by Mr. Light. ® Motion was made by Mr. Thomas, seconded by Mr. Kriz, and unanimously passed to close the nominations for Secretary. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously elect Mr. Evan A. Wyatt as Secretary of the Planning Commission for the Year of 2001. 2001 Meetine Schedule Upon motion made by Mr. Miller and seconded by Mr. Kriz, BE IT RESOLVED, That the Frederick County Planning Commission voted unanimously to have their regular monthly meetings on the first and third Wednesdays of each month at 7:00 p.m. to be held in the Board of Supervisors meeting room, the Comprehensive Plans & Programs Subcommittee on the second Monday of each month at 7:30 p.m. to be held in the first floor Conference Room, and the Development Review & Regulations Subcommittee on the fourth Thursday of each month at 7:30 p.m. in the first floor Conference Room. Frederick County Planning Commission Minutes of January 3, 2001 Page 599 -3- • MEETING MINUTES - November 15, 2000 Upon motion made by Mr. Ours and seconded by Mr. Kriz, the minutes ofNovember 15, 2000 were unanimously approved as presented. COMMITTEE REPORTS Sanitation Authority - 12/19/00 Mtg. Mr. Miller reported that the Sanitation Authority's Engineer/Director, Wellington Jones, stated that bids for the two projects extending sewer to Echo Village were received; Perry Engineering Co. is the low bidder for the Echo Village to Rt. 11 project and APAC- Virginia is the low bidder for the project from Rt. 11 to the existing sewer line on the H.P. Hood property. It was also reported that a draft contract has been prepared for the water and sewer system at the Shenandoah development at Lake Frederick. The wastewater plant will belong to the Frederick - Winchester Service Authority and will be operated by the Sanitation Authority using the same arrangements as for the Parkins Mill plant. Mr. Miller also reported that the Authority approved the amended contract with the City of Winchester which obligates the City of Winchester to furnish the Authority a maximum of 2.0 million gallons • of water per day and may provide up to 4.0 million gallons of water per day. He said that the amendment also guarantees the City of Winchester that the Authority will pay for 750,000 gallons of water per day whether it has requested or received that quantity or not. Mr. Miller reported that the amendment allows for two additional two -year terms, but not to extend beyond December 31, 2006. Announcement o: Continuation of Public Hearing - Mid - Atlantic Industrial & Tech Center Chairman DeHaven announced that the Commission is anticipating continuation of the public hearing on Rezoning Application #04 -00, the Mid - Atlantic Industrial & Tech Center, on February 7, 2001 at the James Wood Middle School on Amherst Street. PUBLIC HEARINGS Conditional Use Permit #17 -00 of Rhoda W. Kriz (continued from 11/01/00) for an expansion to Conditional Use Permit #24 -99 which permits a Cottage Occupation for a Bed and Breakfast. The proposed expansion is to provide for weddings, wedding receptions, seminars, and other gatherings. This E Frederick County Planning Commission Minutes of January 3, 2001 Page 600 -4- property is located at 547 Apple Pie Ridge Road and is identified with Property Identification Number ® 42 -A -206 in the Gainesboro Magisterial District. Action - Recommended Denial Mr. George J. Kriz excused himself from the meeting room for this particular application because of conflict of interest. Mr, Robert A. Morris stated that he would abstain from all discussion and voting on this application due to a possible conflict of interest. Mr. Jeremy Camp, Planner I, said the Planning Commission tabled this application on November 1, 2000 for 60 days and requested that the applicant provide additional information about the nature of the proposed expansion due to the numerous citizens who voiced concerns at the public hearing. Mr. Camp said that specifically, the Commission requested that the applicant prepare a list of rules and regulations to better show their intent. He said that since the November 1 meeting, staff has also added several conditions to the proposed conditional use permit (CUP). He added that the applicant has been in contact with the neighboring residents and has prepared a list of rules and regulations which they intend to follow. Mr. Camp next read the re-.risrd conditions as recommended by the Planning Staff. Mrs. Rhoda W. Kriz, the owner and applicant, came forward and read a prepared statement. Mrs. Kriz reported on her existing CUP, she gave reasons for why she was requesting the allowance of seminars and weddings, and she gave responses to the concerns expressed by her neighbors. In reply to concerns expressed by her neighbors regarding what would happen with the CUPS after her death or if the property was sold, Mrs. Kriz stated that if they are unable to continue operation of the CUP, due to health is reasons, they will rescind their CUP. She said that she also spoke with her attorney regarding a legal document instructing Frederick County to rescind the CUPS at the time of her death. Mrs. Kriz said that they do not intend to sell their home. Commission members asked Mrs. Kriz to elaborate on the private functions she has held at her home over the years and asked whether or not she had received any complaints about noise or traffic. Mrs. Kriz explained the activities she has hosted at her home over the years and she replied that she had not received any complaints from her neighbors. Commission members also inquired if a caterer could obtain a single -day ABC license for a function at her home. Mrs. Kriz replied that as a B &B operator, her ABC license is only applicable to registered guests and according to the regional office of the Virginia ABC, only one license is allowed at any one time on the premises. Mrs. Kriz said that her B &B ABC license would override any others. speak: Chairman DeHaven called for public comments and the following persons came forward to Mr. Philip C. G. Farley, 162 Woodcrest Drive, an adjoining property owner, spoke in opposition to the CUP. Mr. Farley said that he has three children, ages eight, 11, and 19, and he was concerned about the business bringing strangers into the neighborhood around his children. He was concerned how the business may progress in size and intensity and he had a problem with the serving of alcoholic beverages. Mr. Farley said that he did not want to see the neighborhood becoming commercialized. C Frederick Count) Planning Commission Minutes of January 3, 2001 Page 601 -5- Mr. Richard S. Bern, Sr., 524 Apple Pie Ridge Road, an adjoining property owner, said that ® he and his wife, Janet, live directly across the street from Mr. and Mrs. Kriz and they have lived at this location for 13 years. Mr. Bern spoke in favor of the CUP. He said that he could not imagine the Kriz's doing anything irresponsible that would jeopardize all the work and money they have invested in their home. Mr. Bern said that he has attended several functions at their home and only beer and wine were available for consumption. He said that he observed mostly abstinence in alcohol consumption and controlled moderation of those who did partake. Mr. Bern believed that the Kriz's would be well prepared to ensure that attendees of these functions will be responsible adults. Ms. Sherri Jackson, a resident on Bufflick Road in the Shawnee District and Town Treasurer for the Town of Stephens City, said that she has been a personal guest at the Kriz's home and found their home to have a relaxing and hospitable atmosphere and is very private. Ms. Jackson said that she was so impressed, she inquired about the possibility of the Kriz's hosting a planning seminar for the Town of Stephens City. Ms. Jackson said that since this was not possible under the Kriz's current CUP, another location was eventually found for the retreat, however, the atmosphere was not as conducive to the informal session as Long Hill would have been. Ms. Jackson believed there was a need in the community for this type of facility. Mr. Gary Patterson, owner and operator of the Valley Wedding Chapel, spoke in favor of the Kriz's CUP. Mr. Patterson said that he wanted to coordinate weddings at the Kriz's B &B and offer it as an optional wedding site, among others, on his Internet web site. He added that alcoholic beverages are not an available option. Mr. John Good, Jr., a resident on Apple Pie Ridge, said that his father, John P. Good, Sr., owns the property adjacent to and immediately south of the Kriz's, at 1611 Apple Pie Ridge Road. Mr. Good ® said that his father does not see how this use would adversely impact him and due to the fairly Draconian restrictions, his lamer believed it should be approved. Ms. Judy Shade, a resident at 121 Quaker Lane, which is off Glendobbin Road, spoke in opposition to the CUP. Ms. Shade said that she was opposed to any type of business in her neighborhood and was concerned that a precedent could be set for establishment of other business uses in the area. Mr. Steve Spitzer, a resident on Apple Pie Ridge Road, stated that both he and his wife, Vicki, have been residents of Frederick County all of their lives. Mr. Spitzer said that he was a local CPA and President of James Wood Athletic Association. He was not in favor of the proposed CUP and was concerned about the precedent- setting situation that may result, if this use was approved. Mr. David Newlin, a resident of Foxlair Subdivision, stated that his home was located approximately 300 yards from the Kriz's residence. Mr. Newlin spoke in opposition to the proposed CUP, stating that he was not in favor of business encroachment into residential neighborhoods. Mr. Newlin was concerned that if the property was sold and the CUP was conveyed, the new owners may abuse the privilege or accelerate the business operations. Mr. Newlin said that his biggest and primary concern was the issue of alcohol. He stated that if up to 50 persons are permitted at a reception and alcohol is served, some of those attendees will over - indulge and drive away under the influence of alcohol. Mr. Newlin stated that the Kriz's home is within 300 yards of two schools, a major athletic complex, two churches, and four residential neighborhoods. LI Frederick County Planning Commission Minutes of January 3, 2001 Page 602 M Mr. Randolph W. Baldwin, an adjoining property owner at 568 Apple Pie Ridge Road, said • that he did not object to the B &B, but was in opposition to the addition of seminars and weddings. Mr. Baldwin was concerned about the possible over - indulgence of alcohol and possible precedent setting for future businesses. Mr. Doug Smith, a resident at Greenspring, spoke in favor of the Kriz's CUP. He did not see how a small "mom and pop" operation could open the "flood gates" of commercial development in the area, nor did he believe that the alcohol served at the bed & breakfast posed near the threat as that of other alcohol distribution outlets in and around the James Wood High School area. Ms. Rebecca McTavish, a resident of Foxlair subdivision, said that Apple Pie Ridge Road is narrow with no _h_ and she was concerned that pedestrians, such as high school athletes or bicyclists, would be at a greater risk because of the increased traffic. She was also concerned about setting a precedent for future businesses. Mr. Jeremy Spitzer, a resident at 122 McGuire Road and a student at James Wood High School, did not believe that a business venture that may serve alcoholic beverages to large gatherings should be intertwined among residential homes, schools, and churches. Mr. Spitzer said that he and his fellow students and neighbors use the neighborhood roads for running and cycling and he was concerned about safety. Mr. Philip C. G. Farley returned to the podium to express concern about noise. Commission members asked Mr. Farley how far away the James Wood High School Football Stadium was from his home and Mr. Farley replied that it was about 400 -500 yards. Mr. Farley stated that it was loud during football games, however, police officers are stationed there during school activities. Mr. Farley said that he did not ® want strangers who have been drinking lingering in the back of his house near his children. Mrs. Rhoda Kriz next returned to the podium and stated that she would not be serving alcohol at the proposed functions. She said that she is willing to have the CUP become void upon her ill health or death and, although they have no intentions of selling their home, they would be willing to insure that the CUP is not transferrable with the house and property. Many of the Planning Commissioners said that they were perplexed as to why there was so much objection to this kind of use on property of this size and nature. They believed that the concerns raised by neighbors at the previous meeting had been adequately addressed. However, due to the amount of perceived animosity and opposition in the neighborhood, the Planning Commission recommended denial of the CUP by the following majority vote: YES (TO DENY) Fisher, Miller, Ours, Thomas, Marker, Light NO: Unger, DeHaven ABSTAIN Morris, Kriz • Frederick County Planning Commission Minutes of January 3, 2001 Page 603 -7- Upon motion made by Mr. Thomas, seconded by Mr. Ours, the Commission unanimously • made the multiple pieces of correspondence that were submitted a part of the official record. Conditional Use Permit #18-00 of Donnie and Rachel Hammon for a Cottage Occupation for sheet metal fabrication and storage of materials. This property is located at 160 Journeyman Lane and is identified with P.I.N. 87 -4 -1 in the Opequon Magisterial District. Action - Recommended Denial Mr. Jeremy F. Camp, Planner 1, read the background information and review agency comments. Mr. Camp stated that the applicant's request is to use an existing ban on the property for sheet metal fabrication and the storage of business - related materials. He said that the applicant has informed the staff that the business has two employees that do not live on the premises and occasionally, these employees would come to the property and assist in the sheet metal fabrication process. Mr. Camp said that the staff believes that the fabrication business is an industrial use and is not appropriate as a cottage occupation; the staff also believes that the assistance of employees at the property would not be in conformance with the cottage occupation definitions. Mr. Camp continued, stating that the circumstances leading up to this request have involved an active violation case against the applicants and a court ruling on the matter. He said that the District Court ruled that the applicants were guilty of the storage of trash and debris on their property, the storage of • inoperable vehicles, as well as the illegal operation of a business. Mr. Camp said that the judge gave the applicants 30 days to comply with the first two offenses and 90 days to obtain an approved CUP or the business would have to be removed. Mr. Camp said that as of the most recent inspection by staff, violations still exist on the applicant's property. Mr. Donnie Hammon, the owner /applicant, stated that he does mechanical contracting, such as plumbing, electrical, heating and air conditioning for residential use. Mr. Hammon said that he cleared the trash and debris from the property, except for a Ford Mustang and a pick -up truck, which he has covered with a tarp, and a storage container. He mentioned other surrounding businesses that are located near his home. He explained that he owns road frontage from Journeyman Lane to Wrights Run on which the neighbors have right -of -ways of 60' on Wrights Run and 20' on Journeyman Lane. Mr. Hammon stated that in his line of work, he cannot operate with just one other employee; and at the present time, he has six employees on the payroll, however, most of them stop to pick up materials and then go directly to the job site. Commission members asked Mr. Hammon specific questions about the machinery used to make the duct work and the operations carried out in the barn. Speak: Chairman DeHaven called for public comments and the following persons came forward to Mr. Gary Adams said that he was one of several property owners that use Wrights Run Lane to access his property. Mr. Adams said that the Wrights Run homeowners completely maintain the upkeep of E Frederick County Planning Commission Minutes of January 3, 2001 Page 604 -g- Wrights Run Lane and although the covenants exclude Mr. Hammon from maintenance, the homeowners • believe this is fair if the property is exclusively residential; however, if the property is used for business, and it results in increased wear and tear on the road, then Mr. Hammon should contribute towards the upkeep. Mr. Adams said that both he and his wife have encountered one of Mr. Hammon's trucks parked in the middle of the road while they were traveling out to Route 277. Mr. Adams said that he has concerns about trash containment and trash management, if the business is allowed to continue. He added that the storage container on Mr. Adams' property is something one would see on a dock in Baltimore; he said that it is brown, big, and ugly, and is not something anybody would want to have in their residential area. Mr. Glen Loveless, a 20 -year resident on Wrights Run Lane, stated that Wrights Run Acres subdivision adjoins Mr. Hammon's property on the north side. Mr. Loveless was concerned about what has happened in terms of the entrance to his subdivision which, coming off Route 277, goes directly past Mr. Hammon's property. Mr. Loveless said that since Mr. Hammon moved to this property, the number of vehicles on his property has increased, the piles of debris and detritus have increased, and the deleterious aspect of all of this to the neighborhood has been felt by everyone who lives in Wrights Run Acres. Mr. Loveless continued, stating that he believed the only reason Mr. Hammon cleaned up his property is because the Court ordered him to do so. He said that in his own experience, Mr. Hammon has done whatever he has pleased in complete disregard and sometimes disdain of the rest of the neighborhood. Mr. Loveless was concerned that if Mr. Hammon is allowed to continue his operation at his residence, things will backslide and various enforcement agencies at Frederick County will be contacted again to get the situation corrected. Mr. Jennings Lichliter, an adjoining property owner at 173 Journeyman Lane, said that he was the closest neighbor to Mr. Hammon. Mr. Lichliter was satisfied with the appearance of Mr. Hammon's property and did not believe Mr. Hammon's business would adversely affect him or his family. • After questioning Mr. Hammon further about his business, a number of Commissioners believed that Mr. Hammon's business had outgrown the definition of a Cottage Occupation, primarily because Mr. Hammon had stated that he employed six persons. A comment was made that six employees was a substantial small business. They believed that the neighboring residents may be adversely affected by the continuation of Mr. Hammon's operation. Mr. Thomas believed that the operation was not an objectionable business for the size of the property as long as it was done properly and met the requirements. Mr. Thomas moved to table the application for 30 days to allow the applicant and the staff to reach a common ground on what needs to be done. He requested that the Planning Department submit in writing what needs to be done with the storage unit and what the applicant technically needs to accomplish to meet the criteria. This motion was seconded by Mr. Ours, however, the motion failed by the following vote: YES (TO TABLE) Unger, Light, Marker, Thomas, Ours NO: Morris, Miller, Kriz, Fisher, DeHaven A motion was next made by Mr. Miller to deny the conditional use permit. This motion was seconded by Mi. *`orris and passed by a majority vote. Frederick County Planning Commission Minutes of January 3, 2001 Page 605 e� BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend denial of ® Conditional Use Permit #18 -00 of Donnie and Rachel Harriman for a Cottage Occupation for sheet metal fabrication and storage of materials at 160 Journeyman Lane. The vote was as follows: YES (TO DENY) Unger, Light, Marker, Ours, Morris, Miller, Kriz, Fisher, DeHaven NO: Thomas Conditional Use Permit #19 -00 of Fred H. Rhoton, trading as B &F Home Improvements, for a Cottage Occupation to operate a Home Improvement Business. This property is located at 921 Hudson Hollow Road and is identified with P.I.N. 86-A -196 in the Opequon Magisterial District. Action - Recommended Approval with Conditions Mr. Howard R. Long, III, Planner I, read the background information and review agency comments. Mr. Long stated that the applicant intends to utilize two existing 12' X 12' buildings for storage of materials related to the business. He explained that the use of the existing accessory structures for the business is the catalyst necessitating the CUP for a Cottage Occupation. Mr. Long read the list of conditions of the CUP as recommended by the Planning Staff. Mr. Fred H. Rhoton, the applicant and owner, came forward and explained his operation to the Commission. He stated that he owns three trucks, two of which are used by his subcontractors. He said that all work is done off -site. Mr. Rhoton stated that he leases the adjoining house and property and the leasee has no objections to parking the trucks on the rented property. There were no public comments. Based on the location of the property and the nature of the business, Commission members believed the operation would not negatively impact the surrounding properties. Upon motion made by Mr. Thomas and seconded by Mr. Light, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Conditional Use Permit # 19 -00 of Fred H. Rhoton, trading as B &F Home Improvements, for a Cottage Occupation to operate a Home Improvement Business at 921 Hudson Hollow Road with the following conditions: All review agency comments and requirements, and the definition of a cottage occupation, shall be complied with at all times. 2. In accordance with Cottage Occupation sign requirements, signage for the proposed use may not • Frederick County Planning Commission Minutes of Janu:._,i 3 2001 Page 606 -10- exceed four square feet in area. ® 3. No outdoor storage of any material associated with the Cottage Occupation shall be permitted. 4. No more than (1) employee and their vehicle shall be permitted on -site. 5. Any change of use or expansion of the approved Cottage Occupation shall require a new Conditional Use Permit. The majority vote was as follows: YES (TO APPROVE) Fisher, Kriz, Miller, Ours, Thomas, Marker, Light, Morris, Unger NO: DeHaven Conditional Use Permit #2O-00 of Roy S. Spaid to operate a dog kennel at 198 Spaid Lane. This property is identified with P.I.N. 37 -A -35C in the Back Creek Magisterial District. Action - Recommended Approval with Conditions ® Mr. Howard R. Long, III, Planner 1, read the background information and review agency comments. Mr. Long stated that the application is the result of a noise complaint filed with the Planning Office. He stated that, as with any kennel, noise impacting adjoining property owners is a concern. He explained that the site consists of 20 acres and is well screened from Back Creek Road (Rt. 704) by mature woodland and steep terrain. Mr. Long read a list of recommended conditions from the staff. Mr. Roy S. (Sammy) Spaid, the owner and applicant, said that he has lived on this property for 20 years and has had 20 dog kennel tags for 20 years. Mr. Spaid said that he owns hunting dogs, mostly beagles, and the nature of his business has not changed much over the years. Commission members asked Mr. Spaid if he was okay with the conditions of his permit as recommended by the staff. There were two conditions that Mr. Spaid was concerned about: one was the statement that the permit is for a non - boarding kennel and only dogs owned by the owner will be boarded at the kennel; the scc.,rd was the placement of all dogs in an enclosed structure at night. Mr. Spaid said that for breeding or training purposes, he would on occasion have to bring someone else's dog to the kennel. He also stated that his kennels were chain - linked runs on concrete with a box in each kennel run. It was pointed out by Commission members that the definition of "boarding" did not include the training and breeding of animals in a kennel with a conditional use permit. It was also noted by the staff that Mr. Spaid's kennel, as it exists today, does not meet the staff's definition of an enclosed building, as stated in the recommended conditions of the permit. .® Frederick County Planning Commission Minutes of January 3, 2001 Page 6M -11- ® speak: Chairman DeHaven called for public comments and the following persons came forward to . "__. Tommy Spaid, the applicant's brother, said that he was the one who complained to the County about the barking dogs. Mr. Tommy Spaid said that he did not object to his brother's kennel, but he was very annoyed with the continuous barking. Mrs. Pam Spaid, Tommy Spaid's wife and the applicant's sister -in -law, said that they had to keep their windows closed and air conditioner running last summer to muffle the noise of dogs barking. Mrs. Spaid said she and her husband offered to pay for a privacy fence for behind the kennel, but her brother -in -law refused. Mrs. Spaid said that her home was approximately 400 yards from the kennel, but her property does not adjoin her brother -in -law's property. She explained that since her property is not adjoining and is not within a subdivision, they have not been able to get assistance from the animal control officer or the police department. Mr. Eddie Thompson came forward to speak in favor of the Spaid's kennel. Mr. Thompson said that he lived outside of Frederick County, but has a licensed kennel of his own. Mr. Thompson said that he has frequently visited Mr. Spaid's kennel and his dogs are quiet for hours at a time. Mr. Ronnie Norris, from Madison, Virginia, said that Mr. Spaid has a nice set -up and he was in favor of the kennel. Mr. Jim Walters came forward to speak in favor of the kennel. He said that he has been to Mr. Spaid's house and he did not notice any excessive barking. Mr. Walters said that Mr. Spaid operates a ® professional kennel. Mr. Charles Payne said that he lived five miles west of Stephens City in Frederick County. Mr. Payne said that he has 18 dogs with a litter of six. He said that he has eight homes in his neighborhood and he has never had a complaint from any of his neighbors and he gets along well with his neighbors. Mr. Donald Nichols, a resident of Madison County, said that Virginia has a strong tradition of fox hunting, beagles, and hunting clubs. Mr. Nichols said that Mr. Spaid belongs to the oldest beagle club in the United States, the Aldie Institute. He continued stating that Mr. Spaid is an official judge and a well - respected man and has helped others get their puppies started. He was in favor of the CUP. Ms. Sissy Triplett, Sammy and Tommy's sister, said that she has heard the dogs barking, but not excessively. She was in favor of the CUP. Mr. Erin Spaid, Richard Spaid's son, said that he lives in a trailer next to the kennel. Mr. Spaid said that the barking has never bothered him. Mr. Ronald Spaid, a cousin of the Spaids, said that he lives on the adjacent ridge. Mr. Spaid said the entire Spaid family has raised hounds all their lives; this type of dog is bred to be hunted in the mountains and fields. He said that the dogs are bred to be out of doors and if they're put inside of buildings, their conditioning could be ruined. Mr. Spaid said that Sammy has some of the best beagles in the United States. Mr. Spaid was concerned that if Sammy was not permitted to have his kennel, then all the other • Frederick County Planning Commission Minutes of January 3, 2001 Page 608 -12- families in the area might be told to get rid of their dogs also. ® Mr. Dean Nadeau, a retired ranger from Camp Rock Enon, said that he has known the Spaid family for many years. Mr. Nadeau said that he lives across the road from the new ranger's residence. He explained that when the new ranger's dogs hear the Spaid's dogs barking, then they start to bark. He recalled a previous evening when he had to call the ranger and ask him to take his dogs inside because of all the barking; neither he or his wife could sleep. Mr. Nadeau said that he can hear dogs barking on Back Creek Road. time. Ms. Amy Wolf, daughter of Sissy Triplett, said there is no way to keep dogs quiet all of the Ms. Kim Bums, who was present on behalf of her father, Donald Dunlap, an adjoining property owner, said that her father has heard the barking dogs, but they do not bother him. Ms. Bums stated that the Spaid's animals are well taken care of and the kennels are clean and professionally run. Mr. Justin Spaid, son of the applicant, Sammy Spaid, said that his bedroom is next to the kennel. He said the dogs have never bothered him. Mr. Tommy Spaid returned to the podium and said that he cannot understand why no one else can hear the dogs barking when they have kept him awake night after night. Mr. Spaid said that he did not think it was necessary for Sammy to put the dogs inside a building, but something had to be done about the dogs barking 23 -24 hours a day. Mr. Spaid said that he knows his brother takes good care of the dogs. Mr. Ronald Spaid also returned to the podium and said that his family raises dogs that are bred • to bark. Mr. Spaid said that beagles are small hounds that bark somewhat, but the big hounds really bark. He said that they want their dogs to bark. Commission members discussed revisions to the staff's recommended conditions by eliminating the second sentence under Condition #2 stating that, "Only dogs owned by the owner will be boarded in the kennel at any time," and the elimination of Condition #7. Chairman DeHaven reminded Mr. Spaid that Condition #6 required him to control the nuisance to adjoining property owners. Chairman DeHaven stated that if complaints continued to occur, the permit will be brought back before the Commission. Upon motion made by Mr. Miller and seconded by Mr. Marker, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #20 -00 of Roy S. (Sammy) Spaid to operate a dog kennel at 198 Spaid Lane with the following conditions: All review agency comments and requirements shall be complied with at all times. 2. This permit is for a kennel (non- boarding) only. 3. Inspection of the facilities by the Animal Control Officer shall be required to determine if the housing for the dogs is adequate and appropriate. Frederick County: Punning Commission Minutes of January 3, 2001 Page 609 - 13 - 4. No more than twenty (20) dogs shall be boarded within the facility at any given time. ® 5. All associated materials and supplies shall be stored within an enclosed structure. 6. All dogs kept at the kennel must be controlled so as not to be a nuisance to any adjoining property by either barking or roaming free. 7. All requirements of the Frederick County Code and the Code of Virginia pertaining to dog kennels shall be complied with at all times. 8. Any expansion of the kennel shall require approval of a new Conditional Use Permit. PUBLIC MEETING Subdivision #01 ^�: of Butler Manufacturing Company, submitted byPainter- Lewis, P.L.C., to subdivide a 33+ acre tract, zoned M1 (Light Industrial) District, into two lots. This property is located on Woodbine Road (Rt. 669), approximately 1,500 feet from the intersection of Route 11 and Route 669, and is identified with P.I.N. 34 -A -6A in the Stonewall Magisterial District. Action - Recommended Approval Mr. Eric R. Lawrence, Zoning Administrator, stated that this subdivision is before the • Commission for approval because it does not have an approved master development plan; therefore, Planning Commission and Board of Supervisors' review and approval is necessary. Mr. Lawrence said that the plat satisfies the requirements of the Subdivision Ordinance. There were no public comments. Upon motion made by Mr. Thomas and seconded by Mr. Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Subdivision #01 -01 of Butler Manufacturing Company, submitted by Painter - Lewis, P.L.C., to subdivide a 33+ acre tract, zoned M1, into two lots: Lot I - 21.0483 acres and Lot 2 - 12.8969 acres, contingent upon the applicant satisfying all of the review agency comments. u Frederick County Planning Commission Minutes of January 3, 2001 Page 610 -14- PUBLIC HEARING • Rezoning #01 -01 of Southern Hills, submitted by G. W. Clifford & Associates, Inc., to rezone a 105 -acre tract of land from RA (Rural Areas) District to RP (Residential Performance) District to establish 250 single- family residential lots. This property is located south of Stephens City, east of Interstate 81, 0.8 miles south of Route 277 (Fairfax Pike) on the east side of Town Run Lane (Rt. 1012), and is identified with P.I.N. 85-A -138 in the Opequon Magisterial District. Action - Tabled to February 21, 2001 Mr. Evan A. Wyatt, Deputy Planning Director, read the background information and review agency comments. Mr. Wyatt said that the 105 -acre parcel proposed for residential land use is located within the County's Urban Development Area (UDA) and the Sewer and Water Service Area; the Comprehensive Policy Plan states that suburban residential development must occur within the UDA; the parcel has significant frontage along a state - maintained road and can be served with public sewer and water with adequate capacities. Mr. Wyatt stated that several concerns have been expressed by the various review agencies regarding the rezoning of this parcel and these concerns include impacts to the road network system; impacts to public school facilities; impacts to the solid waste disposal citizen's convenience site; and the difficulties of providing fire and rescue service to residential land uses in this area of the County. Mr. Wyatt continued, stating that the applicant has submitted a proffer statement to attempt to mitigate the impacts associated with this rezoning proposal and those proffered conditions include: a monetary offer to offset costs associated with the capital facilities needs of various County service providers, • the offer to limit the number of residential units to 250 single family lots, and the offer to extend Stickley Drive to Town Run Lane. Mr. Wyatt next read a list of conditions that the staff believed should be addressed to the satisfaction of the Planning Commission, prior to a recommendation being forwarded to the Board of Supervisors. Mr. Charles W. Maddox, Jr. of G. W. Clifford & Associates, Inc., the design engineers for the project, came forward as the representative for this project. Mr. Maddox said that they have met with a number of people since the staff comments were distributed and a number of the issues raised by the staff have been addressed. Mr. Maddox proceeded to discuss those issues with the Commission. Mr. Maddox then concluded his presentation by summarizing that the applicant has proffered Town Run Lane improvements, has proffered Stickley Road improvements, has provided the right -0f - -way on Stickley Road, has dealt appropriately with the cemetery issue, and has phased -in the transportation plan to be consistent with the short and long term plans of VDOT and the County. Regarding the solid waste management issue, Mr. Maddox said that they have provided a substantial monetary capital improvement proffer. In addition, they have agreed with the adjoining farm owners, the Ritenours, to increase the rear setback to 75 feet and to provide a "no -cut" provision for the trees and vegetation in that particular area. Referring to the applicant's proffer specifying a two -inch overlay for Town Run Lane, Mr. Thomas preferred that the wording state, "whatever amount VDOT requires," due to the amount of traffic anticipated. Mr. iviaddox had no problems with this revision. Mr. Morris inquired about the phasing for Stickley Drive. Mr. Maddox said that Stickley r L Frederick County Planning Commission Minutes of January 3, 2001 Page 611 -15- Drive will be built as part of the first phase of construction. • Chairman DeHaven called for public comments and the following person came forward to speak: Ms. Mary C. Ritenour, representing the Ritenour Farm, thanked Mr. Maddox and Mr. David Holliday for meeting with them and addressing concerns that they've had. Ms. Ritenour was happy with the relocation of the entrances on Town Run Lane, the increased buffer zone between the properties, and for the trees and vegetation between the properties to remain undisturbed. She said that Mr. Maddox has arranged for a statement to oe incorporated on documents advising future property owners that agricultural uses exist on the south and east. Ms. Ritenour still had concerns about anticipated traffic volumes and she talked about those with the Commission. Due to the Commission's Bylaws requiring meetings to be adjourned at 11:00 p.m., a motion was made by Mr. Thomas and seconded by Mr. Ours to table this application. This motion was passed by a majority vote. BE IT RESOLVED, That the Frederick County Planning Commission does hereby table until February 21, 2001, Rezoning Application #01 -01 of Southern Hills, submitted by G.W. Clifford & Associates, Inc. to rezone a 105 -acre tract of land from RA (Rural Areas) District to RP (Residential Performance) District to establish 250 single- family residential lots. The vote was as follows: • YES (TO TABLE) Fisher, Kriz, Ours, Thomas, DeHaven, Marker, Light, Morris, Unger NO: Miller CANCELLATION OF THE COMMISSION'S JANUARY 17, 2001 MEETING Upon motion made by Mr. Thomas and seconded by Mr. Ours, the Planning Commission unanimously voted to cancel their January 17, 2001 meeting because there were no action items to address. i Frederick County Planning Commission Minutes of January 3, 2001 Page 612 -16- • ADJOURNMENT unanimous vote. No further business remained to be discussed and the meeting adjourned at 11:00 p.m. by Respectfully submitted, el'L) Charles S. DeHaven, Jr., Chairman • C� Frederick County Planning Commission Minutes of January 3, 2001 Page 613 Evan A. Wyat Acting Plamij Director el'L) Charles S. DeHaven, Jr., Chairman • C� Frederick County Planning Commission Minutes of January 3, 2001 Page 613