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PC_07-05-95_Meeting_MinutesMEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Old Frederick County Court House in Winchester, Virginia on July 5, 1995. PRESENT: Planning Commissioners present were Charles S. DeHaven, Jr., Chairman /Stonewall District; John R. Marker, Vice Chairman /Back Creek District; Marjorie H. Copenhaver, Back Creek District; Terry Stone, Gainesboro District; Robert A. Morris, Shawnee District; Richard C. Shickle, Gainesboro District, Opequon District; Richard C. Ours, Opequon District; Roger L. Thomas, Opequon District; George L. Romine, Citizen at Large; Robert M. Sager, Board Liaison. ABSENT: S. Blaine Wilson, Shawnee District; John H. Light, Stonewall District; and Vincent DiBenedetto, Winchester City Liaison, Planning Staff present: Robert W. Watkins, Director and Secretary; 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 - MEETINGS OF MAY 17 1995 AND JUNE 7 1995 Upon motion made by Mr. Romine and seconded by Mr. Marker, the meeting minutes of May 17, 1995 were unanimously approved as presented. Upon motion made by Mr. Marker and seconded by Mr. Thomas, the meeting minutes of June 7, 1995 were unanimously approved as presented. 4029 2 BIMONTHLY REPORT Chairman DeHaven accepted the Bimonthly Report for the Commission's information. COMMITTEE REPORTS Development Review & Regulations Subcommittee (DRRS) - 6/29/95 Mtg. Mr. Thomas reported that the majority of discussion at their last meeting was devoted to revising the zoning ordinance as it pertains to accessory structures in setback areas for townhouses. Mr. Thomas said that the feeling of the committee was there was no reason not to allow this, however, there will be a height restriction placed on decks and a size restriction placed on accessory buildings. Comprehensive Plans & Programs Committee (CPPC) - 6/12/95 Mtg- Mrs. Copenhaver reported that the CPPC discussed establishing an area around the interchange of Routes 37 and 50 West for development. She said that more research will need to be done. Battlefield Task Force Mr. Watkins said that the BTF will be sending their draft plan to the CPPS and the HRAB for further discussion. Sanitation Authority - 6/21/95 Mtg. Mrs. Copenhaver reported that several residents from the Route 11 South area attended the Sanitation Authority's meeting to speak about septic tank failures. Mrs. Copenhaver 4030 3 said that a petition with 48 names was presented requesting that the Sanitation Authority consider running sewer down Route 11 South. Mrs. Copenhaver also reported that there will be a meeting on August 2, 1995 at Lord Fairfax Community College from 7:00 p.m. -9:00 p.m. concerning drinking water. She said that Dr. Khodr, Health Director for the Lord Fairfax Health District, and Mr. Moffit, Public Utilities Director for the City of Winchester, will be there to speak on the safety of drinking water. PUBLIC HEARINGS Conditional Use Permit #006 -95 of Bruce E. Welch, DVM, for a veterinary hospital. This property is located at 689 Aylor Road (RL 647) and is identified as Parcel #75 -A -38 in the Opequon Magisterial District. Action - Recommended Approval with Conditions Mr. Miller gave the background information and review agency comments. Mr. Miller said that the most recent change to the zoning ordinance permitted the use of Veterinary Offices, Veterinary Clinics, or Veterinary Hospitals with an approved conditional use permit, excluding the boarding of animals for non - medical purposes. Mr. Miller said that the staff believed that the proposed site was acceptable because of its frontage on a collector road and the size of the property, which provides enough area to install necessary features such as parking, screening, and some buffering. Dr. Bruce E. Welch, DVM, the owner and applicant, came forward to address the issue and size of a business sign for his clinic. The Commission discussed with Dr. Welch the conditions of the permit, construction techniques that could be employed to reduce noise, disposal of medical wastes, and recourse available to neighbors if problems arise. Chairman DeHaven called for public comment and the following persons came forward to speak: Mr. William Layden, adjoining property owner at 106 Westmoreland Drive, came forward to speak in opposition to the conditional use permit. Mr. Layden read a letter of opposition from the adjoining property owners at 100 Westmoreland Drive, Mr. David W. Janelle, Jr. and Mrs. Sheila M. Janelle, who were not able to attend the meeting. Mr. Layden also presented a petition of opposition from eleven immediate homeowners of the proposed veterinary hospital. Mr. Layden said that their concerns are barking dogs, traffic, the posting 4031 4 of a sign in a residential community, health hazards, and the disposal of medical wastes. Ms. Beverly Neff came forward to speak in favor of the veterinary hospital. Ms. Neff said that there are two veterinary clinics on Main Street in Stephens City and she had not noticed any offensive odors or noise when she has taken her animals to these clinics. She said that Dr. Welch is very meticulous in the care of animals and would not endanger his animals any more than he would the neighborhood people. Mr. Jerry Casey, the original owner of the property, said that the property is zoned RP (Residential Performance) and Dr. Welch was previously contemplating townhouses for this site. Mr. Casey said that he would much rather have a well -cared for animal hospital on the site than townhouses. Mr. John Locke, resident at 133 Buckingham Drive, which is about 1/2 mile from the proposed site, said that he was a frequent traveler of Aylor road and he felt the proposed use would not cause a significant increase in traffic. Mr. Locke said that he knows Dr. Welch personally and felt Dr. Welch would take adequate measures to protect the neighbors. Mr. Locke said that he also has taken his animals to the veterinary clinics located in the residential area of Stephens City, and he has not observed any of the problems mentioned. Dr. Bryan Cather, DVM, said that he was a colleague of Dr. Welch's and has worked at several veterinary clinics. Dr. Cather felt that the neighbors' concerns about odors were unfounded. He said that there are few odor problems to deal with in veterinary clinics and a small lid- covered dumpster would take care of any odors. He said that as far as barking is concerned, he has worked in clinics with six -inch wooden walls and block walls and both are very effective against sound. Mr. Cather also noted that the fence surrounding the property will protect against sound and auto headlights. Mr. Bryan Clark, resident at 637 Aylor Road, said that both he and his wife, Sally Ann, were opposed to the veterinary clinic. Mr. Clark stated that increased traffic, noise, and danger of a sick animal getting loose were some of the reasons they were opposed. Mr. Clark said that a residential neighborhood was not an appropriate location and that it would have a negative effect on the property values and community aesthetics. The Commissioners next discussed anticipated vehicles per day and disposal of medical waste with the applicant, Dr. Welch. The Planning Commission felt that the neighbors' concerns were valid, however, they felt that steps could be employed by the applicant to take care of any potential noises or odors. They felt there would only be minimal traffic associated with the use. It was also noted that the impact of a veterinary clinic would be less than other uses that were permitted on the property. Upon motion made by Mr. Thomas and seconded by Mr. Ours, the petition and 4032 101 letter submitted by Mr. William Layden was made a part of the official record by unanimous vote. Upon motion made by Mr. Ours and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Conditional Use Permit #006 -95 of Dr. Bruce E. Welch, DVM, for a veterinary hospital with the following conditions: 1. A site plan must be submitted and approved. 2. A business sign of a monument type not exceeding six feet in height and a maximum of 20 square feet will be allowed. 3. The use shall have a full screen to protect adjoining residential areas. Location and extent of screening to be determined by staff during site plan process. 4. Any proposed expansion beyond that approved on the original site plan will require a new conditional use permit and a revised site plan. 5. The proposed clinic or hospital must be connected to public sewer and water. 6. Compliance with all review agency comments must be completed prior to beginning operation. 7. Only animals required to be hospitalized for medical reasons shall be allowed to remain on the premises overnight. 8. Animals recovering at the facility will only be permitted in the outside area for brief exercise periods. 9. Continuously barking dogs or other noises that may disturb the surrounding residential areas shall not be permitted. Conditional Use Permit #007 -95 of Matt E. Plasters for automobile repair (interior headliner replacement service) without body repair. This property is located at 783 Marple Road (Rt. 654) and is identified with PIN 41- A -169G in the Gainesboro District. Action - Recommended Approval with Conditions Mr. Miller gave the background information and review agency comments. Mr. 4033 M Miller said that the applicant is a specialist in replacing automobile interiors, mainly headliners. He said that most of Mr. Plaster's work is done at sites other than his residence; however, he would like the capability and authorization to do some work in the attached garage at his home, if the need arises. Mr. Miller said that the residence is totally screened by woodland and the closest residence is approximately 300 yards away. Mr. Matt E. Plasters, the owner and applicant, was present to answer questions from the Commission. There were no public comments. The Commissioners felt that the proposed use should not impact the surrounding neighborhood. Upon motion made by Mr. Romine and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Conditional Use Permit #007 -95 of Matt E. Plasters for automobile repair (interior headliner replacement service) without body repair with the following conditions: 1. All review agency comments must be complied with. 2. All work must be done inside the attached garage. 3. No outside storage of parts and /or materials shall be permitted. 4. Any planned expansion of the activity will require a new conditional use permit. CANCELLATION OF THE COMMISSION'S JULY 19TH MEETING Mr. Watkins said that there were no applications pending for the Commission's July 19th meeting and the Board of Supervisors will not have a second meeting in July. Mr. Watkins said that the staff is recommending that the July 19th meeting be cancelled. Upon motion made by Mr. Thomas and seconded by Mr. Marker, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously agree to cancel their regularly scheduled meeting for July 19, 1995. 4034 ADJOURNMENT Their being no further business to discuss, the meeting was adjourned at 5:00 p.m. Respectfully submitted, Robert W. Watkins, Secretary Charles S. DeHaven, Jr., Chairman 4035