At a regular meeting of the Planning Commission of the County of Warren held in the Warren County Government Center Board Room on July 10, 2013.

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1 At a regular meeting of the Planning Commission of the County of Warren held in the Warren County Government Center Board Room on July 10, Present: Absent: Mark Bower, Chairman; Doug Rosen, Vice-Chairman; Robert Myers; and Scott Stickley; also present Taryn Logan, Planning Director; Dan Whitten, Assistant County Attorney; Matt Wendling, Planner; and Erin Whited, Secretary Lorraine Smelser Call to Order: Mr. Bower called the meeting to order at 7:00pm. Adoption of Agenda: Mr. Rosen made a motion to adopt the agenda as submitted. seconded the motion which passed on the following vote. Mr. Myers Ayes: Stickley, Myers, Rosen, Bower Approval of Minutes: On a motion by Mr. Myers, seconded by Mr. Stickley, the regular meeting minutes of June 12, 2013 were approved on the following vote: Ayes: Stickley, Myers, Rosen, Bower Public Presentations: None Public Hearings: R Wayne A. Lee Ms. Logan introduced a request to amend the Warren County Zoning Map and rezone approximately four and ninety five hundredths (4.95) +/- acres from Residential One (R-1) to Agricultural (A). The property is located at 4442 Remount Road and is identified on tax map 39A, section 2, as parcel 10. Ms. Logan stated that the rezoning is being requested due to the applicants desire to have farm animals, specifically for horses, two goats, and llamas. She said staff has worked with the applicant to put together a proffer statement, similar to the Page 1 of 6

2 proffer statement approved with the down zoning of properties in Aspen Hill Farms subdivision in 2007 and Archie Fox s rezoning in The applicant has proffered out some uses that are allowed in the agricultural zoning district limiting them to one horse, goat or llama per acre of land and not permitted to the raising of domestic livestock or poultry, other than horses, goats, or llamas. Ms. Logan stated the public hearing has been properly advertised and adjacent property owners have been notified. Mr. Bower opened the public hearing. With no one wishing to speak; Mr. Bower closed the public hearing. Mr. Rosen said he was somewhat concerned over the applicants desire to hunt since some of the surrounding properties are residentially zoned. Ms. Logan said that hunting is permitted in all areas of the County. There are some residential subdivisions that have banned hunting and they are listed in the County Code. Mr. Whitten explained that Section of the County Code states that hunting is prohibited in designated locations such as Skyland Estates and Apple Mountain Lake. He stated that this location is not included on that list. Finding that the requested rezoning is required and appropriate for the public necessity and is good zoning practice, Mr. Stickley moved that the Planning Commission forward this application to the Board of Supervisors with the recommendation to approve the applicant s request to rezone and change the zoning map classification of the property, identified on tax map 39A, section 2, lot 10 from Residential One (R-1) to Agricultural (A). The motion was seconded by Mr. Rosen and passed on the following vote: Ayes: Myers, Stickley, Bower, Rosen Conditional Use Permit David Lynders (Commercial Boarding Kennel) Mr. Wendling introduced a request for a conditional use permit for a commercial kennel (boarding and training). The property is located at 2885 Strasburg Road, is zoned Agricultural (A), and is identified on tax map 18, as parcel 23. The applicant currently trains dogs for use in therapy, personal assistance, search and rescue as well as family companion pets. Mr. Wendling said the applicant has four (4) dogs as personal pets and is requesting to have a maximum of twenty- Page 2 of 6

3 five (25) dogs. The business will be open year-around, 7 days a week from 8:00 am to 9:00 pm with training taking place until 5:00 pm. Mr. Wendling read the following conditions as recommended by staff: (1) The applicant shall be limited to twenty-five (25) dogs six months of age or older (2) The applicant shall comply with Warren County Code Sections and and for Commercial and Boarding Kennels, except as noted otherwise in these conditions. (3) The existing landscaping buffer shall remain in place. (4) The applicant shall allow staff of the Planning Department and Sheriff s Department to inspect the property during scheduled and unscheduled site visits for compliance. (5) Dog licenses shall be issued by the Warren County Treasurer for dogs six months or older if boarded at the property for a year or more. (6) The kennel shall not have client traffic to the property. Mr. Wendling stated the public hearing has been properly advertised and adjacent property owners have been notified. Mr. Bower opened the public hearing. With no one wishing to speak; Mr. Bower closed the public hearing. On a motion by Mr. Myers, seconded by Mr. Stickley and approved on the following vote, the Planning Commission forwarded this application to the Board of Supervisors with the recommendation to approve the conditional use permit request of David Lynders for a Commercial Kennel with the conditions as recommended by staff: Ayes: Rosen, Myers, Bower, Stickley Conditional Use Permit Linda Williams (Private Use Camping) Mr. Wendling introduced a request for a conditional use permit for private use camping. The property is located off of Farms River Road, is zoned Residential One (R-1), and is identified on tax map 15B, section 1, block 1, as parcel 6. Mr. Wendling said the conditional use permit is necessary to bring the property into compliance with the Zoning Ordinance. Mr. Wendling said the Health Department had a concern regarding the septic system serving the lot; however, Page 3 of 6

4 Mr. Williams provided documentation to satisfy the Health Department s concern. Mr. Wendling read the following conditions recommended by staff: (1) The campers are to be kept in road worthy condition with valid tags and inspection decals. (2) Materials associated with the campers are to be stored in a neat and orderly fashion during the time of use and are to be removed from the site when not in use. (3) Campers shall be on site fewer than 180 consecutive calendar days in any one year. (4) The applicant shall comply with all Warren County Health Department regulations and requirements. (5) No more than two (2) major recreational vehicles, as defined by Section (B)(1) of the Warren County Zoning Ordinance, or tents shall be parked, stored or used on any lot or combination of contiguous lots under the ownership of one (1) party. (6) This permit shall comply with Section of the Warren County Zoning Ordinance regarding noncommercial camping (Private Use Camping). (7) The applicant shall provide Planning staff with an emergency egress plan for removal of the recreational vehicle(s) prior to an imminent flood event. (8) The application shall post property with lot/parcel number for Fire and Emergency Rescue Services. In closing, Mr. Wendling stated the public hearing has been properly advertised and adjacent property owner have been notified. Mr. Bower opened the public hearing. With no one wishing to speak; Mr. Bower closed the public hearing. Mr. Bower asked staff if there are other properties being used for camping that do not have a conditional use permit. Mr. Wendling said that there may be a few. He explained that once a year the list of conditional use permits for private use camping is reviewed for compliance and at that time he may find some that are out of compliance and send them notification. On a motion by Mr. Rosen, seconded by Mr. Stickley and approved on the following vote, the Planning Commission forwarded this application to the Board of Supervisors with the recommendation to approve the conditional use Page 4 of 6

5 permit request of Linda Williams for private use camping with the conditions as recommended by staff: Ayes: Rosen, Myers, Bower, Stickley Authorization to Advertise: Subdivision Variance SV Michael and Paige Pinson Ms. Logan introduced a request for a subdivision variance to Warren County Code Section of the Warren County Subdivision Ordinance to allow three lots to be served by a private access easement where the boundaries of the parent parcel are different than they existed as of February 25, The property is located off of Route 638 (Freezeland Road), is zoned Agricultural, and is identified on tax map 23J, as parcels 1, 2, 3, 4, and 6. The property is currently Greystone Heights subdivision. This variance is proposed in order to resubdivide and consolidate the existing lots in order for the applicant to build one additional home on the remaining 23 +/- acres. Ms. Logan explained that this property was subdivided in 2006 as a Class C subdivision; however, a state maintained road was not developed prior to the bond expiring, as required by the County for Class C subdivisions. The remaining five lots have been sold to Mr. and Mrs. Pinson and they would like to build one home on the property. Ms. Logan said in order for this to be in compliance with the Subdivision Ordinance the applicants would have to build a road to state standards or apply for a variance to consolidate the lots and access them by a private access easement which would vacate the cluster subdivision and the requirement for the state road. Ms. Logan stated that it is staff s recommendation that if this variance is approved a condition be placed on the variance that lots 1-4 be consolidated and only one home can be built on the property and a deed of building restriction be recorded for lot 6. She said staff also recommends a public hearing be held on this request due to one of the lots being owned by someone else. In closing, she said the Assistant County Attorney has suggested to the property owners that they come up with a road maintenance agreement. Mr. Bower asked if the end result will be two homes on twenty-five acres. Ms. Logan said yes. Mr. Rosen said he was on the site visit and that he thinks a road maintenance agreement is definitely a good thing. Page 5 of 6

6 Mr. Bower asked how many homes could have been built with the Class C subdivision. Ms. Logan said six. On a motion by Mr. Rosen, seconded by Mr. Myers and approved on the following vote, the Planning Commission authorized the proposed variance application for advertisement for a public hearing: Ayes: Bower, Myers, Stickely, Rosen Commission Matters: The Planning Commission members had nothing new to report. Assistant County Attorney: Mr. Whitten gave an update on the property on Luray Avenue. Planning Director: Ms. Logan said Blue Ridge Shadows asked to delay authorizing for a public hearing until next month. Ms. Logan said the Town of Front Royal is beginning the update of their Comprehensive Plan. Ms. Logan thanked the Commission for agreeing to change the meeting date for August. Adjournment: There being no further business before the Planning Commission, the meeting was adjourned at approximately 7:35 pm. Chairman Page 6 of 6