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PC_09-04-96_Meeting_MinutesMEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Old Frederick County Courthouse in Winchester, Virginia on September 4, 1996. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R. Marker, Vice Chairman/Back Creek District; Marjorie H. Copenhaver, Back Creek District; Roger L. Thomas, Opequon District; Richard C. Ours, Opequon District; Terry Stone, Gainesboro District; Robert A. Moms, Shawnee District; John H. Light, Stonewall District; Jimmie K Ellington, Gainesboro District; George L. Romine, Citizen at Large; Robert M. Sager, Board Liaison; Vincent DiBenedetto, Winchester City Liaison; and Jay Cook, Legal Counsel. ABSENT: S. Blaine Wilson, Shawnee District STAFF PRESENT: Iris C. Tierney, Interim Planning Director; Evan A. Wyatt, Planner II; W. Wayne Miller, Zoning Administrator; and Renee' S. Arlotta, Minutes Recorder. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MINUTES - JULY 17, 1996 Upon motion made by Mrs. Copenhaver and seconded by Mr. Marker, the minutes of July 17, 1996 were unanimously approved as presented. 4247 ►01 BIMONTHLY REPORT A question was raised concerning the status of the Flying J operation. Staff reported that Flying J was still working out the details of their on -site septic disposal and water system. A question was also raised about the intersection at Sherando. It was noted that the trailer had been moved and the intersection is scheduled to be realigned shortly. Commissioners also asked for clarification on the VDOT- approved continuation of renovation at Route 628 in Stephens City. It was noted that this was the 1 1 /2 mile section of Middle Road that had never been built. Chairman DeHaven accepted the Bimonthly Report for the Commission's information. COMMITTEE REPORTS Development Review & Regulations Subcommittee (DRRS) - 8/29/96 Mtg. Mr. Thomas reported that the DRRS discussed two items: 1) modifying the zoning requirements to allow self - storage units in industrial park areas; and 2) developing design standards for overlay zones for commercial entrances into the City of Winchester. Comprehensive Plans & Programs Committee (CPPC) - 08/28/96 Work Session Mrs. Copenhaver reported that the CPPC had a joint work session with the Board of Supervisors and Planning Commission. She said that as a result of that meeting, the staff is obtaining price estimates from the Sanitation Authority to determine the feasibility of installing sewer service in the Stephenson area, if sewer service is extended up Route 11. 4248 3 PUBLIC HEARINGS Conditional Use Permit #007 -96 of Robert C. Fowler to operate a commercial outdoor recreation facility/ shooting range. This property is located at 840 N. Timber Ridge Road in Cross Junction and is identified with P.I.N. 3 -A -18 in the Gainesboro District. (This item was tabled from 6/5/96.) Action - Recommended Approval Mr. Miller stated that this application was heard by the Planning Commission on May 6, 1996 and was tabled in order to give the applicant time to take care of the condition of the dirt road and entrance, the health facilities, and the submission of a plan that would show a properly constructed shooting range. Mr. Miller said that during his second visit to the site on August 19, he observed that a new road had been partially constructed from North Timber Ridge Road into the site. Mr. Miller said that VDOT has approved the new entrance location, however, the commercial entrance required is still not complete. He stated that work has begun on the area to be used for the shooting competition, however, it is in a very rough stage. Mr. Miller advised that the County Administrator will approve a pump and haul septic for this location, upon receipt of the proper application through the Health Department. Mr. Miller stated that although it appears feasible to conduct the desired activity at this location, a considerable amount of work still needs to be accomplished before this activity could be open to the public. He explained that the entrance, access road, parking area, shooting range and public restroom facility must all be completed prior to public use. Mr. Miller added that it was certainly understandable that Mr. Fowler did not want to put a lot of money and effort into completing some of these items, until he was assured that he would be permitted to operate. Members of the Commission asked if the staff was aware of any government agency that was responsible for licensing this activity for safety. Mr. Miller said that he was not aware of one. He said that many organizations throughout the community conduct shooting matches similar to this. Commission members recalled discussion at the last meeting, when it was noted that this activity would be for shotgun use only. Commissioners recommended that this be incorporated under the conditions of the permit. 4249 E Mr. Robert C. Fowler, the applicant, was present to answer questions from the Commission. Mr. Fowler said that matches would be held on Friday and Saturday evenings, however, he didn't feel they would go beyond 11:00 p.m. He had no problems with the conditions suggested by the staff. Discussion ensued about whether the hours of operation should be made a part of the conditions. It was noted that it was sometimes difficult to determine exactly what time shooting matches might end because it depended upon how many people were participating and how good the prizes were. It was decided that if the hours of operation became a problem, the Commission could address it at that time. There were no public comments. Upon motion made by Mr. Light and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Conditional Use Permit #007 -96 of Robert C. Fowler for an Outdoor Recreation Facility/ Shooting Range with the following conditions: 1. The necessary facilities to properly accommodate this use must be constructed and approved by the appropriate agency prior to any public use. This includes, but is not limited to, the entrance, access road, parking area, public restroom facility, and the shooting range. 2. All review agency comments and requirements shall be complied with at all times. 3. Once in operation, the shooting activity must be supervised at all times by the owner or an individual representing the owner who is qualified for such supervision. 4. No alcoholic beverages will be allowed on the premises at any time. 5. No Sunday operation shall be allowed. 6. This activity shall be restricted to shot guns only. 4250 0 Conditional Use Permit #011 -96 of Jake T. Miller to operate a breeding kennel for dogs. This property is located at 140 Duck Run Lane in Star Tannery and is identified with PIN 70 -1 -1 in the Back Creek Magisterial District. Action - Recommended Denial Mr. (Wayne) Miller stated that as a result of receiving additional information concerning this request, he visited the property a second time on August 30, 1996, in the company of Commissioner Marker and Mrs. Douglas, Supervisor for the Back Creek District. Mr. (Wayne) Miller reported that it was determined that Mr. Jake Miller had 18 dogs on his property - -nine adult dogs and nine puppies. In addition, Mr. Jake Miller had stated that he intended to have 30 dogs, excluding offspring. Mr. (Wayne) Miller reported that there were two Boxer -type dogs chained to trees in the front yard and these dogs barked continuously during his visit to the property and the neighbor's property across the road. Mr. (Wayne) Miller said that it had been reported that these dogs have often broken their chains and have run free throughout the neighborhood. Mr. (Wayne) Miller felt this was a bad situation and should be corrected. In conclusion, Mr. (Wayne) Miller stated that the applicant was operating an illegal kennel at this time, since he did not have the required conditional use permit. Mr. (Wayne) Miller felt that if approval was granted, very strict control should be placed on the kennel through appropriate conditions. In response to questions raised by the Commission, Mr. (Wayne) Miller stated that there are residences on Lots 14, 15, and 4, and a residence is under construction on Lot 3. He said that he did not know of any other dog kennel operating in a 5 -acre rural area subdivision in Frederick County. He said that Aberdeen Acres is on a similar -sized piece of property, but is not within a rural area subdivision. Mr. (Wayne) Miller said that a kennel would not be allowed in an RP District, however, kennels are allowed in an RA District with a conditional use permit. Mr. Jake T. Miller, the applicant, was present to answer questions from the Commission. He said that he planned to construct a concrete building 40' behind his house, with facilities, air conditioning and gas heat to handle 30 adult dogs, excluding puppies under six months old. Mr. Jake Miller said that he anticipated installing a six 4251 51 foot privacy fence along the front driveway and he also planned to construct five detached 150'X 200' kennel runs. Chairman DeHaven called for public comment and the following persons came forward to speak Mrs. Judy Miller, wife of the applicant, stated that this did not start out as a profit - making business. She said that after her husband was in an accident, they acquired one dog and then several, which turned out to be very therapeutic for him. Mrs. Miller explained that in trying to find some type of work for Mr. Miller, the Virginia Rehabilitation Services suggested a kennel operation, in light of Mr. Miller's positive response to taking care of his dogs. Mrs. Victor D. Cubow, adjoining property owner on Lot 15, came forward to speak in opposition to the conditional use permit. Mrs. Cubow presented the Commission with copies of a letter she and her husband wrote in opposition to the kennel. Mrs. Cubow's reasons for opposition included the fact that Duck Run was a residential subdivision with deed restrictions prohibiting animals from creating a nuisance; that a kennel next door could affect her property value and it could also affect her ability to sell her home; that Mr. Jalce Miller's dogs encroach on her property; and finally, Mr. Jalce Miller's barking dogs have been creating a noise problem. Mrs. Cubow stated that they have been experiencing a number of intimidating and unpleasant remarks from Mr. Jake Miller in the last several months and they expect this behavior to stop. Mr. Aaron Mitchell, Sr., owner of Lot 3, came forward to speak in opposition to the conditional use permit. Mr. Mitchell explained that he and his wife reside at 103 Stonewall Drive, however, they are constructing a new home on Lot 3 in Duck Run Estates, where they plan to reside permanantly. He said that they purchased Lot 3 in 1995 in anticipation of a quiet, residential property. His lot is 400' from Mr. Jalce Miller's property and he felt that the sights, sounds, and smells associated with a kennel would be disturbing and offensive; the kennel would affect the value of his property; and the business would increase traffic on Duck Run Lane. He stated that a road maintenance agreement was recently prepared in order for the residents to maintain Duck Run Lane. He said that Mr. Jake Miller refused to participate in this. Mr. Mitchell found it appalling that Mr. Jake Miller would be willing to add traffic to Duck Run Lane with his business, yet he was not willing to help maintain the road. Mr. (Wayne) Miller pointed out for the citizens present that local government does not enforce deed covenants. He said that deed covenants are a civil 4252 matter and may be enforced by those people affected. Members of the Commission did not feel a kennel should be allowed to operate in a rural, residential subdivision and they were concerned that allowing one would set a precedent. Upon motion made by Mr. Marker and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend denial of Conditional Use Permit #011-96 of Jake T. Miller to operate a breeding kennel for dogs. This recommendation was made by the following majority vote: YES (TO DENY) DeHaven, Romine, Morris, Ours, Ellington, Marker, Copenhaver, Light, Stone NO: Thomas DISCUSSION PROCEDURES FOR DISCUSSION ITEMS Mr. Wyatt stated that the staff has been asked to assist the Planning Commission in the development of procedures for the consideration of development applications, policy issues, and ordinance amendment requests. Mr. Wyatt said that it is envisioned that these procedures would provide the Planning Commission with a means of providing consistent direction to applicants and the staff to ensure that requests are considered appropriately. He explained that the staff presented an outline of procedural steps to the Commission in July and it was suggested that the procedures be discussed at a subsequent meeting when attendance was greater. Commissioners felt that applications of potential applicants should not be informally discussed and the procedures outlined by the staff for applications were satisfactory. Considerable discussion followed, however, on the next two categories: Policy Issues and Ordinance Amendment Requests. Members of the Commission felt that an informal discussion for these items among all the Planning Commission members was sometimes very beneficial, however, the Commission needed to be careful not to 4253 make an obligation. They felt that a decision to send these items to the Commission for informal discussion could be made by either the staff or subcommittee. ADJOURNMENT There being no further business to discuss, the meeting adjourned at 8:45 p.m. by unanimous vote. Respectfully submitted, �8 s C. iem terim 'ngDirector Charles S. DeHaven, Jr., Chairman 4254