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PC_10-05-88_Meeting_MinutesMEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Meeting Room in the Old Frederick County Court House, 9 Court Square, Winchester, Virginia, on October 5, 1988. PRESENT: Planning Commissioners present were: Frank H. Brumback, Chairman; James W. Golladay, Jr., Vice- Chairman; Manuel C. DeHaven; Beverly Sherwood; Marjorie H. Copenhaver; Carl M. McDonald; George L. Romine; and Kenneth Y. Stiles. Also present were: Robert W. Watkins, Secretary; and Stephen M. Gyurisin, Advisory. ABSENT: S. Blaine Wilson CALL TO ORDER Chairman Brumback called the meeting to order at 7:00 p.m. MINUTES Upon motion made by Mr. Golladay and seconded by Mr. Romine, the minutes of September 7, 1988 were unanimously approved as presented. Upon motion made by Mr. Golladay and seconded by Mr. Romine, the minutes of September 21, 1988 were unanimously approved as presented. BIMONTHLY REPORT The staff and Commission discussed pending and approved applications. COMMITTEE REPORTS Transportation Committee Mr. Golladay reported that the Transportation Committee met on Monday, October 3, 1988. He said that they heard a presentation by Jack Meehan, the Chairman of the Winchester - Frederick County Chamber of Commerce Transportation Committee, on the Route 17 expansion from Winchester to Route 127 to West Virginia and Maryland. Mr. Golladay said that the reasoning on this expansion is that it will increase tourism both into and 2765 - 2 - out of the area. Mr. Golladay also reported that the Transportation Department has changed their policy on secondary road improvement projects. He said that the Transportation Department is now requiring 100% right -of -way acquisition funding, 100% engineering funding, and 70% upfront funding, before road construction. Mr. Golladay reported some completion dates for current secondary road projects. Comprehensive Plan Subcommittee Mr. Golladay reported that the Comprehensive Plan Subcommittee met on Tuesday, October 4. He also reported that a meeting will be held on October 6 at 7:30 p.m. at the Aylor's School to discuss the Comprehensive Plan, sewage disposal, and county roads, etc. CITIZEN COMMENTS Mr. Gyurisin reported that he had received a number of complaints on a conditional use permit for a CB radio shop on Route 277, dealing with the traffic. Mr. Gyurisin said that the staff will be bringing this conditional use permit before the Commission for reveiw, due to the number of complaints. Mr. Golladay said that the business is owned Mr. Dennis Thompson. He felt that the business had grown to the point where it could no longer be considered as a home occupation. PUBLIC HEARINGS Rezoning Request $017 -88 of Shiho, Inc. to rezone 6+ acres from A -2 (Agricultural General) to B -2 (Business General) for an office condominium and shopping center in the Opequon and Shawnee Districts. Action - Approved Mr. Watkins said that the applicant is proposing to add a 200 foot strip to the rear of land already zoned for business use. He said that the staff has no objection to the addition, however, it should be noted that the plan submitted proposes a full -scale shopping center on the site. He said that the staff recommends that the proposal be readvertised to rezone the full site for B -4 (shopping center) Zoning. Mr. Charles Maddox, Engineer with G. W. Clifford & Associates, said that interest for this property is widely varied and studies need to be 2766 - 3 - done to determine the best use. He said that the majority of the business uses suggested require B -2 zoning. The other possible use, a shopping center, would require B -4 zoning. Mr. Maddox said that whatever uses are decided on, an additional 800 foot strip is needed off of the frontage road. Mr. Golladay inquired if access was provided for properties to the rear and Mr. Maddox replied that access was available. He added that the proposed layout fits in with the overall transportation plan for this area. Mr. Stiles recalled that the applicant had previously intended to rezone the back portion of this property residential. Mr. Stiles felt that the applicant would find that the most appropriate use of the entire parcel was either B -2 or M -1. Upon motion made by Mr. DeHaven and seconded by Mr. Stiles, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Rezoning Request #017 -88 of Shiho, Inc. to rezone 6 acres from A -2 (Agricultural General) to B -2 (Business General). This property is located on the east side of I -81, just south of the Kernstown exit, fronting on the east side of Route 642, in the Opequon and Shawnee Magisterial Districts. Conditional Use Permit #012 -88 of Pat Himelright for a family cemetery plot for personal use only on Route 633 in the Opequon Magisterial District. No Action Required The section of the state code which addressed family cemetery plots was presented. There was a discussion on whether or not the state code prohibited the county from regulating private family burial plots. It was noted that the County Zoning Ordinance did not differentiate between a private family cemetery and a public cemetery. Mr. Romine asked if the proposed area may be in line with a potential highway or any type of future construction. It was determined that the cemetery would not interfere with any foreseeable development. Mrs. Pat Himelright, applicant, said that her family owned 35 acres and wished to maintain the property within the family. Mrs. Himelright said that she is requesting a maximum of 10 lots. Mr. Lawrence Ambrogi, the Commonwealth's Attorney, said that in his opinion, the applicant did not need any type of county permit. The Planning Commission determined that no permit was required from the County and Mr. Stiles moved that the applicant be given a letter confirming this and he also moved that the permit application fee be refunded. This motion was seconded by Mr. Golladay and unanimously 2767 - 4 - approved. BE IT RESOLVED, That the Frederick County Planning Commission has hereby determined that a conditional use permit is not required for a family cemetery plot and, therefore, Conditional Use Permit #012 -88 of Pat Himelright should be dropped and the application fee refunded. Amended Conditional Use Permit $001 -88 of Cheryl L. Anderson for the addition of 40 kennel runs to the existing kennel, located in the Stonewall Magisterial District. Action - Tabled for 30 Days Mr. Watkins said that this facility requires State Water Control Board approval rather than Health Department approval because it involves animal or industrial waste. Mr. Watkins said that he spoke with the State Water Control Board and they confirmed that the Andersons have a separate septic drainfield system for the animal facility. Mr. Watkins presented a letter from Mr. Charles B. Kelly, an adjoining property owner, who had requested a 30 day extension of the request because the property is jointly owned by his son in Houston, Texas, another son in Dallas, Texas, and himself, from San Antonio, Texas. Mr. Watkins said that Mr. Kelly has requested the extension in order to coordinate a joint position of the three owners. Mr. Watkins also presented a petition from residents in the area who were opposed to 40 additional kennel runs. Upon motion made by Mr. Golladay and seconded by Mr. Stiles, the Commission unanimously agreed to make the letter and petition a part of the official record, as follows: 2768 _ S _ September 26,1988 3939 Fredericksburg Rd. G -5 San Antonio, Tx. 78201 .Mr. Robert W. Watkins, Director ,c''Dept. of Planning and Building County of Frederick _ `,9., Court Square Winchester, Virginia 22601 > Subj: Conditional Use Permit #001 -86, Mark and Cheryl Anderson. Your letter of Sept. 21, 1988,recieved Sept. 24, 1988. Ref: Telephone converation between Mr..Watkins and Mr. Kelley. Sept.26,1988. "- Dear Mr. Watkins: 4' v property, adjoining the property referenced in Conditional Use "Permit 001 -86, is jointly owned by ourselves in San Antonio, a on in Dallas, and a son in Houston. In order to coordinate our joint position on the above permit, we request an °extension of'.30 days, so:we may fairly consider the opinions of all involved. Any information you can provide us that will assist in our determination will be most welcome. *s' - .:Your cooperation, and response to our request will be greatly appreciated. c Sincerely, Charles B. Kelley 2769 i k`s'+y`a'^'{ sr.'�,Y4K �Sl p`wivrte Gt .r v i`°*q � .(� a+( r✓ .r. .. _ _ ..- - _n.i3. - ...,�po . -.3 ��v.".� �6„ s�5'u. °.t.�'`a,;r?{�,,,'a%s��e ; .r ��, 5 t 4 ,�t,3�.. y v.i n ^� -{� �'ti' .» We the undersigned residents of the Stephenson wish to protest the construction of 40 additional kennels for Cheryl L. Anderson, Application number CUP 001 -86 for October 5, 1988 at 7:30P.M.. Our objections is the high noise level of the current installation. 1... 2chc✓LO, /n , 2.. o� f wrl 3. #aVI1 4. 5 y►c ?, 0 6. dC q 1(i �Lc G' 9.�%� 10 12.'� W x 13. 14 �/Utiva� 15:/���/ � 5t OCT i 988 0 cD —. r, - 7 - Mrs. Cherly L. Anderson stated that she wanted the additional kennels to handle the overflow of dogs that needed to be boarded in the county. Mrs. Anderson said that she caters to people who care dearly about their dogs. She said that she provided a clean, odorless facility and explained that all the animal waste goes into a septic tank and not onto the ground or into a lagoon. Mrs. Anderson said that from the time she opened her kennel in November until last week, she had serviced several hundred people in the community. She said that the kennel has been full the entire summer. She explained that if she was not permitted to have the additional 40 kennels, which is actually the number that she has had to turn away during the 4th of July and Labor Day weekends, she was afraid it would be detrimental to her business because clients would go elsewhere for the service. Mrs. Anderson pointed out that the majority of kennels in the area are substandard. She also noted that she has tried to operate the kennel as professionally as possible and has joined the Winchester - Frederick County Chamber of Commerce and the Business and Professional Womens League, as well as the American Boarding Kennel Association. Mrs. Anderson presented a petition consisting of 136 names of residents from the Stephenson /Clearbrook /Brucetown area and clients who were in favor of the additional 40 kennel runs. Upon motion made by Mr. Golladay and seconded by Mr. Stiles, the Commission voted unanimously to make the petition a part of the official record, as follows: 2771 r �a-c. OS • � x_� >G W % a c <� VIA I JA Jt 7 �,� � �� ��• __ /� -s�o s_G'�� O.,��� �zm��xa -fin J r 6 6 z -Cs BAddo�ks_w;��A�:_Vp ry . 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"? r r� /0 5u z --,R A Joerdeevt 4c-re-S �1)/ I 2776 _ t v G . ups- aS -,1 - _� X22 - y3Z/ ✓ o L(.. �� 9 z 3 3_ � �s 2�' VG, 6 - - 0315/ 2776 _ t G Q� asxv ao .�x�6ei 6 =17 ��_ - - -�� i�. 021i1o� �hacSelRc�.- _R_I[3ox 30C� lineh�5l� _ -Va_- �) ���� - - -�- � -� k -!�c� -- - - -� �•- as ��� - - - = -- 4r1, • pia 3 " � " � � -. ` !/ •. • ' ,�. 14 - 17 o ..4c Rf 4 ! er Qom L !� Gcc2 "UIL ya (� w� _ f -t Y � 95 a F77 ads Rf 4 ! - 15 - Mr. Peter Schmitt, a practicing veterinarian in Winchester, felt that Mrs. Anderson's facility was head and shoulders above other kennels in the area, as far as cleanliness, operations, conditions for the animals, and the care of the animals. Mr. Schmitt said that the service she provides to her clients, as well as his own clients that he refers to the facility, is top- notch. Mr. Schmitt added that he has heard no complaints. Ms. Beverly Grimes, past board member of the SPCA, said that while a member of the board, she visited various kennels in the area. Ms. Grimes noted that some kennels she visited were substandard. She said that she would recommend Mrs. Anderson's kennel to anyone. Mrs. Grimes felt this was an operation that was needed in this area and the county residents should not have to take their dogs out of the area for service. Mrs. Janice Miller, a resident of Frederick County, also came forward to speak in favor of the kennel, for the same reasons as previously mentioned. Chairman Brumback called for anyone wishing to speak in opposition to the kennel and the following persons came forward: Mrs. Betty Bragg, property owner to the south of the Anderson's property, said that although she did not reside at this location, she did have concerns about the additional traffic that would be generated. Mrs. Bragg said that this road is one -laned in most places. Mr. Esten Rudolph, III said that he lived approximately one eighth of a mile from the kennel and he was opposed to the kennel addition because of the noise from the barking dogs. Mr. Rudolph said that he has heard dogs barking until 11:00 and 12:00 at night during the past summer. Mr. Rudolph said that he, as well as the people who signed the petition of opposition, were opposed to any growth of this facility. Ms. Faye Carter, adjoining property owner, was present to represent both her husband and herself and other residents of the area. Mrs. Carter felt that the request for the additional kennels should be denied. She said that the dogs bark early in the morning, late at night and on and off during the day. Mrs. Carter was concerned about the increase in noise and traffic. Regarding the traffic on the road to the kennel, Mrs. Anderson said that she has already widened the road along Mr. Kelly's property. She said that she had received permission from Mr. Charles Kelly to remove the old fence line and has replaced it with a new fence line, in exchange for allowing the Andersons to go onto his property to widen the road. Mrs. Anderson said that she has also received permission from the property owner along the creek to cut back trees along the road. She said that this will increase the width of the road by approximately two to three feet and will allow two vehicles to pass along the entire length of the road. 2779 - 16 - Regarding the complaints of noise, Mrs. Anderson felt that the barking was coming from other dogs in the area. She said that she had plans to erect screening with a woven fence and /or trees. She also noted that she had 11 inches of insulation installed on the ceiling of the kennel building. Mr. F.sten Rudolph, Jr., resident of the area, commented on the 15 foot egress /ingress right -of -way, which he has privy to. Mr. Rudolph felt the road needed to be widened. Mr. Rudoph was also concerned about the noise from barking dogs, especially around 11:00 and 12:00 o'clock at night. Mr. Rudolph was opposed to enlarging the facility because of the increase in noise it would generate. Mrs. Anderson said that the road to the kennel was not even passible with one vehicle when they first moved there. Mrs. Anderson said that they have personally shouldered the expense, approximately $25,000- $30,000, for improving the road with excavation, widening, culverts and gravel. Mrs. Anderson added that she was anticipating putting a shingled roof on the kennel runs to keep the runs dry and she also felt it would help in reducing noise. Mrs. Anderson said that she was willing to do whatever was needed as far as screening was concerned. The Commissioners were interested in seeing a site plan with Mrs. Anderson's construction plans and screening for controlling the noise problem before taking action on this request. The Commissioners were concerned that 70 dogs at one location may be too many. Upon motion made by Mr. Stiles and seconded by Mr. DeHaven, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously agree to table Conditional Use Permit -0001 -88 of Cheryl L. Anderson for 30 days and requested the applicant to submit an informal site plan and kennel design at least one week prior to the next public hearing. OTHER The Commission and staff scheduled a Planning Commission worksession on October 24, 1988 at 7:00 p.m. ADJOURNMENT There being no other business to come before the Commission, the meeting adjourned at 9:00 p.m. Respectfully submitted, F a�rumba Chairman Robert W. Watkins, Secretary N"