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BZA 11-18-03 Meeting AgendaAGENDA FREDERICK COUNTY BOARD OF ZONING APPEALS The Board Room Frederick County Administration Building 107 N. Kent Street Winchester, Virginia November 18, 2003 3:25 p.m. CALL TO ORDER 1) Determination of a Quorum 2) Minutes of October 21, 2003 PUBLIC HEARING 3) Appeal Application #13-03 of Hodgson Construction, to appeal the decision of the Zoning Administrator in the administration of the Zoning Ordinance pertaining to permitted uses in the 133 zoning district. This property is located at 221 Commonwealth Court, and is identified with Property Identification Number 75-A-91 C in the Shawnee Magisterial District. 4) Other FILE COPY MEETING MINUTES OF THE FREDERICK COUNTY BOARD OF ZONING APPEALS rr_, �L� n f +,, a L C u y' Ada'n'r'a:ctrat.on Bu.ld.ng, 107 N. hent Street, held ill he hoard Room o die Frederick vv n� a .� Winchester, Virginia, on October 21, 2003. PRESENT: James Larrick, Jr., Chairman, Gainesboro District; Thomas Malcolm, Shawnee District; Dudley Rinker, Back Creek District; Lennie Mather, Red Bud District; Robert Perry, Stonewall District; Theresa Catlett, Vice Chairman, Opequon District; and, Robert W. Wells, Member -At -Large. STAFF PRESENT: Patrick T. Davenport, Zoning and Subdivision Administrator; Bev Dellinger, BZA Secretary CALL TO ORDER The meeting was called to order by Chairman Larrick at 3:25 p.m. SEPTEMBER 30, 2003 MINUTES: On a motion by Mr. Rinker and seconded by Mr. Perry, the minutes for the September 30, 2003 minutes were approved as presented. PUBLIC HEARING Application 912-03 of Stephens City Storage, LLC, submitted by Darren Foltz, to request an exemption from the buffer requirement of Section 65-44F(1) of the Frederick County Zoning Ordinance, requiring a double row of evergreen trees in those areas of the site with steep slopes and existing woodlands. This property is located on the north side of Fairfax Pike (Route 277), 2,500 feet from the intersection with Double Church Road (Route 641), and is identified with Property Identification Number 86-5-F in the Opequon Magisterial District. ACTION -VARIANCE REQUEST DENIED Patrick T. Davenport, Zoning and Subdivision Administrator, gave the background information. The subject property is zoned B2 as Business General, and the land use is self -storage units that are currently under construction. Adjoining land uses are zoned Residential Performance and use is residential. Mr. Davenport pointed out the subject site on the screen. The applicant is seeking a variance from a § 165-44F(1), which states that facilities located in the B2 Business District shall be completely screened around the perimeter of the property by a double row of evergreen trees. The applicant submitted a site plan to the Planning Department for review on January 27, 2003. The site plan was administratively approved on May 6, 2003. The construction of the self -storage units are underway and several of the units are nearing completion, but there are no certificates of occupancy issued as of today. Mr. Davenport pointed out Exhibit "A" in the Board's agenda, a sketch provided Frederick Co. Board of Zoning Appeals Minutes of October 21, 2003 Minute Book Page 1209 Page 2 by the applicant of the areas where the trees are proposed to not be planted, which shall be called "proposed no -plant areas". These no -plant areas are proposed on the eastern property line. One area is about 250 feet north of the right-of-way and covers an area of about 220 feet in length. There is a second area covering about 200 feet in length that is along the northern end of that eastern property line. It is estimated that this request will exempt about 100 trees from being planted. Mr. Davenport showed an aerial view of the property. Since the subject property adjoins properties that are zoned RP, a category `B' zoning district buffer is required between the subject property and adjoining properties. On the approved site plan, a "full screen option" was shown. Mr. Davenport referred Members to the screen, showing that a full screen option provides the elements of a landscape screen. Also, a landscape screen consists of a landscape easement about ten feet in depth, the landscaping density is three plants per ten linear feet. Furthermore, the plants are supposed to be four feet in height in planting, reach a minimum height of six feet at maturity, three species of plants are required, the majority being evergreens and the minority being deciduous. The full screen option also includes a six-foot high opaque element, which can be a hedge, fence, wall, mound or a berm. There is also another requirement for screening regarding mini -storage facilities in the B2 zoning district. It says in 44F(1), there is an additional requirement that storage facilities in the B2 have to be completely screened around the perimeter by a double row of evergreen trees, staggered. Additional requirements are that plantings are required to be located between the adjoining property line and the placement of a security fence. Basically, the storage facilities in the B2 have the double row of evergreen trees or the fence. Mr. Davenport showed a slide of the screening options. Using both screening requirements, strictly interpreted, Option 1 requires a double row of evergreen trees per 44F(1) and the zoning district buffer of a single row of trees with a six-foot high fence. Option 2 under strict interpretation is a single row of trees as a zoning district buffer and a fence, but also includes the option of substituting a second fence for the double row of trees. On the site plan, Staff made an interpretation which the property owner and consultants agreed would be a compromise: the double row of evergreen trees per 44F(1) and the six-foot high opaque fence. Mr. Davenport screened photos taken last week showing the site area that is requested for the no -planting zone. The photos show a rocky slope, somewhat eroded, not stabilized. Mr. Davenport stated that the areas where the applicant has requested this no -planting variance does contain some topography of a moderate nature; however, Staff's contention is that the developer should have the responsibility to assess the site development constraints prior to proposing and initiating a project like this. To propose no -planting areas that do not contain exceptional topography features and the elimination of these plantings previously agreed to under the site plan, in Staff's opinion, would circumvent the provisions of the zoning district buffer and further reduce the screening and buffer exception allowed by Staff. In Staff's opinion, this requirement for the planting screening does not propose an undue hardship and the granting of this variance as submitted may be of substantial detriment to the surrounding properties. Since conditions (a) and the first section of (c) under § 15.2-2309(2) have not been met, the denial of this variance would be appropriate. Chairman Larrick commented that in the staff report it was stated that this was previously agreed to and he asked what happened that made this no longer agreeable. Mr. Davenport responded that it may have looked good on paper but when the site gets developed, it turns out that it isn't as easy as it looked. Chairman Larrick asked if there would be a fence placed on the eastern side and Mr. Davenport replied yes, under the site plan there is still the six-foot high opaque element. Mr. Darren Foltz of Foltz Land Surveying approached the podium on behalf of the Frederick Co. Board of Zoning Appeals Minutes of October 21, 2003 Minute Book Page 1210 Page 3 owners of Stephens City Storage, Paul Negley and Don Stotler, who were also present. Mr. Foltz said that according to what Staff has come up with, it would seem there is no undue hardship. However, they feel that the hardship may not be in planting the trees but in keeping the trees alive. If they plant on the slopes, it is very doubtful they can be kept alive. Staff has the opportunity to come out every year and review the site plan for compliance, and if they see dead trees, they can say you need to replant them. They are trying to circumvent that right now. Mr. Foltz stated the owners had put their faith in their engineers and he doesn't believe anyone got a feel for how steep that slope was until it was there. Mr. Foltz stated they're only talking about a certain portion along the eastern line, the rest of the property still has the buffer around it, with the trees. Mr. Foltz stated they have approached an adjoining property owner to buy his property, to buy a strip of his property and/or to try to get an easement from him so they could plant the trees on the top of the slope and use that as a buffer. But he was not receptive to any offer. Mr. Foltz reiterated that they feel their hardship is in keeping the trees alive on the slope and constantly being reviewed for those trees. It is not feasible to plant the trees there, it really serves to block no one's view. The property to the east more than likely will be rezoned to a business. Mr. Rinker asked what is the reasoning for feeling the trees will not survive. Mr. Foltz responded that, first of all, the ground is hard shale, and he showed the Board some pictures of the subject site. Mr. Perry stated that he could not understand the site development engineer when he put the topo lines on, not realizing what the grade was. Mr. Foltz responded that Mr. Negley and Mr. Stotler put their faith in the professionals to design the site plan and this is what was ended up with. Mr. Paul Negley, part owner of Stephens City Storage, approached the podium. Mr. Negley said that when he worked with Greenway Engineering, at no time did they tell him there was going to be a ten -foot cut, and that the ten -foot cut was going to take place in a narrow strip of land. He knew they had to do some cutting, but he had no idea it was going to be that severe. After they got started is when he realized that as steep as that slope is, trees could not be kept alive on that slope. Mr. Perry asked Mr. Negley how he developed a site plan without knowing what the cut and fill was going to be. Mr. Negley responded that Greenway did all the engineering work and gave him something that he said would work, and Mr. Negley took them at their word. Mr. Larrick stated that, according to Mr. Davenport, the County made some concessions over a strict application of the rules at the time the site plan was submitted. Mr. Foltz said they chose one buffer over another. Mr. Davenport stated that it was a blending of it, a single row of trees was removed, but the fence is still there. Mr. Rinker asked Mr. Foltz several questions about the area between the building and where the cut is. There was discussion concerning travel aisles, drainage and where trees could be planted or the fence placed. There was also discussion about placing mulch on the slope and whether the mulch would hold to the slope. Frederick Co. Board of Zoning Appeals Minutes of October 21, 2003 Minute Book Page 1211 Page 4 (Mr. Wells arrived at 3:50 PM.) Mr. Foltz stated if it's pleasing to put the fence at the property line, that's something they feel would help with the buffer of the adjoining property. Vice Chairman Catlett asked Mr. Foltz if the fence was put on top of the hili, would there be enough room on the property to plant trees behind the fence. Mr. Foltz stated he did not think so, and that is why they're here. He doesn't think there is room to plant the trees on the slope or on top of the slope. Mr. Perry asked if a qualified nurseryman had made this assessment and Mr. Foltz responded that he had talked to Lou Boyer of Boyer Landscapes. Mr. Boyer felt that if the trees did live, they probably wouldn't have any good growth rate, which is what you want for your buffer. Mr. Malcolm asked about cutting a trough across the top of the slope to level it out and plant the trees. Mr. Malcolm stated that he has concerns about the last suggestion, that if you put the fence on top, you have taken a requirement that was an ideal and reduced it by two thirds by taking two rows of trees out, leaving just an opaque buffer. So the original intent of the ordinance has been reduced by at least two thirds. Mr. Foltz stated they are only talking about replacing that part of the buffer in the areas of the steep slope, so you do have the berm there instead of the trees, increasing the height of the fence There was discussion concerning leveling or terracing the bank and the draining ditch line among the Board members and Mr. Negley. Chairman Larrick closed the public portion of the hearing. DISCUSSION Vice Chairman Catlett stated that she felt may they could get something like a telephone pole digger and use that to dig the holes in the slope for the trees and fill the holes with good quality dirt. Mr. Rinker stated that when you dig it out you would create a pan, basically a bowl, and the tree would retain the water and you could end up with rotting tree roots. Mr. Perry stated that rocky shale would not hold water. Mr. Wells stated that he drove by and talked to Mr. Boyer. Mr. Boyer's opinion is that you don't have a good chance of trees living in that particular area; they would be very compromised to grow effectively. Mr. Davenport stated that one of the underlying reasons for so many trees is it's obvious that some of them aren't going to live for a long period of time. If you're planting evergreens like white pines, eight feet off centers, they have a much larger canopy than that and it would be reasonable Frederick Co. Board of Zoning Appeals Minutes of October 21, 2003 Minute Book Page 1212 Page 5 to expect a property owner to do some selective thinning if one tree is maturing properly and another tree isn't. If someone is maintaining their site but still keeping a buffer in place, it certainly wouldn't be a zoning violation. Mr. Perry reiterated that he really has a hard time with a site engineer developing a site plan and not having any idea what the slope was going to be. Mr. Davenport stated that the Board does have the option to modify the request as long as the variance isn't being increased. Certain modifications have been done before. Vice Chairman Catlett made a motion that the request be denied as presented and Mr. Perry seconded. The vote was unanimous with the exception of Mr. Wells, who abstained because he arrived late. As there were no other items to be discussed, the meeting adjourned at 4:12 p.m. by unanimous vote. Respectfully submitted, James Larrick, Jr., Chairman Bev Dellinger, Secretary Frederick Co. Board of Zoning Appeals Minutes of October 21, 2003 Minute Book Page 1213 APPEAL APPLICATION #13-03 HODGSON CONSTRUCTION Staff Report for the Board of Zoning Appeals Prepared: October 30, 2003 Staff Contact: Patrick Davenport This report is prepared by the Frederick County Planning Staff to provide information to the Board of Zoning Appeals to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: November 18, 2003 - Action: Pending LOCATION: The property is located at 221 Commonwealth Court. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 75-A-91 C PROPERTY ZONING & USE: Zone: Land Use ADJOINING PROPERTY ZONING & USE: B3 (Business Industrial Transition) District Indoor sports complex: "Sportsplex" (Under construction) Zone: North- M2 (Industrial General) Land Use: Dairy Zone: West, and South: B3 (Industrial Transition) Land Use: Vacant/Undeveloped Zone: East: N/A- Interstate 81 APPEAL: To appeal the decision of the Zoning Administrator in the administration of the Zoning Ordinance concerning permitted uses in the B3 zoning district. REASON FOR APPEAL: The applicant contends that physical therapy, the chiropractic center, massage therapy, restaurant/snack bar and the outdoor soccer field are accessory uses to the sportsplex and the fitness facility. STAFF COMMENTS: Staff received an undated letter from the applicant seeking a determination regarding the allowed accessory uses in the proposed indoor sports facility ("Sportsplex"). Indoor sports facilities are classified by the Zoning Ordinance as Amusement and Recreation Services, not elsewhere classified SIC Group 7999. This is an allowed use in the B-3 Zoning District. The applicant submitted a site plan for an indoor sports facility that was approved by staff on November 6, 2002. (Site Plan #25-02). This site plan was for an indoor sports facility. The site plan does not adequately address in detail any of the accessory uses that the applicant is appealing. Staff provided a zoning determination letter dated October 20, 2003 to the applicant. Staff's letter to the applicant provided affirmatives or negative responses to each of the proposed uses listed in the applicant's letter. In determining the allowed use within various zoning districts, staff uses the Standard Industrial Classification Manual (SIC) designations provided in the Zoning Ordinance. Each commercial and industrial zoning district provides SIC codes that are associated with that particular use. The appeal application specifies several uses listed as not approved by staff determination, that the applicant believes should be allowed as accessory uses to the "Sportsplex". The uses being appealed are "Physical Therapy", "Chiropractic Center", "Massage Therapy", "Restaurant/Snack Bar", and "Outdoor soccer field". "Physical therapy" is listed under SIC 8049 Offices and Clinics of Physical Therapists. A "Chiropractic Center" is listed under SIC 8041 as Offices and Clinics of Chiropractors. These uses are grouped under SIC Major Group 80 Health Services. The Zoning Ordinance allows SIC Major Group 80 only in the B2 (Business General) and MS (Medical Support) Districts. "Massage therapy" is listed as SIC Group 7299 Miscellaneous Services, Not Elsewhere Classified (Massage Parlors). This use is grouped under SIC 72 Personal Services and is only allowed in the B2 Zoning District. Regarding the "restaurant/snack bar" proposed use, staff provided a positive response in allowing a "snack bar". However, staff determined that a full service "restaurant" would not be permitted. Restaurant uses are listed under SIC Group 5883 Eating Places and grouped under Major Group 58 Eating and Drinking Places. The Zoning Ordinance allows all related SIC 58 uses in the B2 District and SIC 5883 uses in the MS District. Regarding the "Outdoor soccer field" staff determined that use to be classified under the Zoning Ordinance provision of "Commercial sport and recreation clubs" which is allowed only in the B2 District. Furthermore, the provision allowing "Sportsplex" in the B3 District is described as: "Amusement and Recreation Services Operated Indoors ". An "Outdoor" soccer field does not jibe with the use description. STAFF CONCLUSION FOR THE NOVEMBER 18, 2003 MEETING: Staff is requesting affirmation of the Zoning Administrator's determination, that the uses listed in the appeal application by the applicant, are not permitted in the B-3 Zoning District on this property. o Z p M CO 0 0 W� z '7 Q D.. :_ U') QD� Mti N W $ zN g� a o� r �� � �4au ftl o Z p M CO 0 0 W� z '7 Q D.. :_ U') QD� Mti N W $ zN g� a o� APPLICATION FOR APPEAL IN THE COUNTY OF FREDERICK, VIRGINIA -OFFICE USE ONLY - Appeal .Application# " Submittal Deadline Submittal Date j C' For the meeting of Fee Paid L-'' _yes initials: .. MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner "IX other . (Check one) 2. APPLICANT: NAME: OCCUPANT: (if different) NAME: ADDRESS /I S U Aj�,! �� P�� 1�': (�.1ADDRESS: czar W"Lczf=� VA �u 3 TELEPHONE: 247 -5" Z c? q! TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): ,221 y'A ZZdo 2- �T If S, Zr¢ 1 /,1-1 ��.•u.uc.. vGF,1 e.,144- C / io -fl e- 6? ,v j_ LA,t� e- 8U 4. Magisterial District: -5- k h wy - ti 5. Property Identification No.: _ 6. The existing zoning of the property is:C�- 7. The existing use of the property is: Rrts AU %v �� % �v u� 1 x 8. Adjoining Property: USE North f -f P if c c) East --3 / South VA C -A aT West VA c t,� i ZONING �-Z )? —3 9-3 9. Describe the decision being appealed. (Attach a copy of the written decision.) L% eS." IVo r All)ided;; P)% Y, jc.c 1 %k e� '0 C�i �✓>���.� f�c r� tea- MA , t� c -C e & t A v A-4. 'TIIA/, 10. Describe the basis of the appeal, indicating your reason(s) for disagreeing with the decision. (This may be provided on separate sheet.) / %� ✓� l��v� .E� e ACC- e�.<"o icy U,� C00RR -12 je X r4 �✓� ltf, 11. Additional comments, if any: 12. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the appeal is being sought, including properties at the sides, rear, and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application: (Please list Property Identification Number.) NAME P ve- ff,111dA Address PO (3�27/5 Lvlc,,c V4 2 2e ° Property ID# '. � -A 0 M I. Address 166 Huo dtL,� ,c y V-4 -2,? e a -I- Property ID # 6 VA Ll c_ Address302 C,a.A-ce.� c�,u Property ID # 75 _ / _ 9� � / Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # AGREEMENT APPEAL # I (we), the undersigned, do hereby respectfully petition the Frederick County Board of Zoning Appeals (BZA) to overrule the administrative interpretation of the County Zoning Ordinance as described herein. I agree to comply with any conditions required by the BZA. I authorize the members of the BZA and Frederick County officials to go upon the property for site inspection purposes. I hereby certify that all of the statements and information contained herein are, to the best of my knowledge, true. SIGNATURE OF APPLICANT - DATE , 0 /z o 3 SIGNATURE OF OWNER DATE (if other than applicant) / -OFFICE USE ONLY- BZA PUBLIC HEARING OF ACTION: - D&E - APPEAL OVERRULED APPEAL SUSTAINED SIGNED: DATE: File 0 \Land Use Applications%Application Fo ms\APPEAL Revised: 01/14/03 BZA CHAIRMAN Draft Patrick Davenport, Zoning Adminstrator, It has been brought to my attention that Spotsplex may have some zoning issues. In this letter I will make an attempt to clarify the intent of Sportsplex programming. B-3 zoning, indoor sports facilities, is not addressed in detail. The ordinance is vague at best. These issues need to be addressed and changes made by either change in ordinance, special use or conditional use. Sportsplex has been a work in progress for over 5 years. My vision was to provide our area with an indoor facility that would provide our area youth and families a place to play sports and be active in a family setting. During my research and study of feasibility it became clear that sports alone would not support such a facility. Therefore, for this facility to be feasible, it was necessary to investigate other sources of potential revenue to enhance the indoor sports facility. I have been soliciting Frederick Co. supervisors and the parks & rec. department, for the past 3 years for financial and usage support in bringing this community project to reality. To this date I have received no support other than " It's a great idea we could really use such a facility". Without public support is has become even more important to find accessory sources of income related to indoor sports to support this project. The following activities are planned for Sportsplex: Youth & Adult Leagues Moms & Tots Programs Youth Clinics & Camps Senior Citizens Day Programs Church, Corporate & Civic Programs Civic Fundraising Programs Roller Skating Regional & National Tournaments Special Conventions (seating for 1000) Apple Blossom Events Special Shows Concerts Major School Functions Banquets Trade Shows Accessory Facilities Gymnastic Center Fitness Facility & Massage Therapy Retail Store 'Restaurant/snack bar Physical Therapy Chiropractic Centei Martial Arts Studio Aerobics Studio See brochure for more details. Draft Sportsplex is truly a multipurpose sports and event enter. Multipurpose is the only way this facility can be successful. In addition to the activities within Sportsplex, our community will benefit from the additional employment, revenues to businesses, as well as the taxes generated by other uses in this facility. I am requesting support from all government agencies in any way possible. I truly need your support. The only exit plan I have at this time if any of my sources of revenue are rejected by our local agencies is to convert this building to a climate controlled warehouse facility. Not the best choice for the community. Sincerely, Ron Hodgson President cc: Board of Supervisors Richard Shickle, Margaret Douglas, Sidney Reyes, Robert Sager, Harrington Smith, Lynda Tayer, Gina Forester. John Riley Co. Administrator Honorable Frank Wolf Governor Mark Warner Senator Russ Potts Jim Doran Jim Longerbeam Economic Development Chamber of Commerce Division of Tourism Winchest Star Northern Va. Daily October 20, 2003 Hodgson Construction Attn: Ron Hodgson, President I 1 RO Apple Pie Ridge Road Winchester, Virginia 22603 COUNTY of FREDERICK Department of Planning and Development RE: Zoning Determination Property Identification Number (PIN): 75 -A -91C Zoning District: B-3 (Industrial Transitional District) Dear Mr. Hodgson: 540/665-5651 FAX: 540/665-6395 'This letter is in response to your correspondence, received by the Frederick County Department of Planning and Development, on October 10, 2003, regarding a Zoning Determination letter on the above -referenced property (see attached letter). The "zoning issues" that you have referenced in your letter For zoning determination are: You stated in your letter, "indoor sports facilities are not addressed in detail in the Frederick County Zoning Ordinance in the B-3 Zoning District." Staff response: The Zoning Ordinance classifies indoor sports facilities as Amusement and Recreation Services operated indoors: Standard Industrial Classification (SIC) Group 79. Frederick County uses the Standard Industrial Classification in conjunction with the Zoning Ordinance to determine the allowed uses in the business and industrial districts. The Frederick County Zoning Ordinance does not provide for Conditional Use Permits in the B-3 Zoning District. You reference "other activities that may be planned for the Sportsplex." a) "Youth and Adult Leagues" - Allowed use. b) "Mom and Tots programs" - This type of use is allowed only if the daycare is an accessory use to the Sportsplex or any sports programing involving moms and tots. An independent day care facility which allows parents not participating in athletic activities to drop off children is not an allowed use. 107 North Kent Street • Winchester, Virginia 22601-5000 Page 2 Ron Hodgson, President, Hodgson Construction Re: Zoning Determination; Property Identification #75-A-91 C October 20, 2003 C) "Senior Citizens Day Programs" - Participation of senior citizens in athletic activities and programs is permitted. This use needs to be further identified. d) "Church, Corporate, and Civic Programs" - These uses must be athletic in nature. e) "Civic Fund-raising Programs" - These uses must be athletic in nature. f) "Regional and National Tournaments" - This sports use is allowed, but will be restricted in the size of the event, due to the parking requirements of the approved site plan. g) "Youth Clinics and Camps" - If this is a sports related allowed use, it will be limited in size by parking requirements noted on approved Site Plan # 25-02 h) "Rolling Skating" - This use is allowed. i) "Snack Bar" - This use is allowed as an accessory use to the Sportplex only, in the B-3 Zoning District. ;. The below list of uses are allowed in the B-3 Zoning District, but not allowed on this site per the approved Site Plan #25-02: 4. "Special Conventions (seating for 1000)" - Classified SIC Code 79 Amusement and Recreation Services. 5. "Apple Blossom Events" - Classified SIC Code 79 Amusement and Recreation Services. 6. "Special Shows" - Classified SIC Code 79 Amusement and Recreation Services. d) "Concerts" - Classified SIC Code 79 Amusement and Recreation Services. e) "Major School Functions" - This use needs to be further identified. f) "Banquets" - Classified SIC Code 79 Amusement and Recreation Services. g) "Trade Shows" - Classified SIC Code 79 Amusement and Recreation Services. Page 3 Ron Hodgson, President, Hodgson Construction Re: Zoning Determination; Property Identification 475-A-91 C October 20, 2003 A revised site plan is necessary to accommodate these above -referenced uses. Therefore, prior to conduction any of these uses on the property, a revised site plan must be submitted and approved, with all improvements completed. 4. Listed below are accessory facilities not allowed on this site due to the inappropriate zoning district: a) "Massage Therapy" - SIC Code 72 Personal Services allowed in B-2 (General, Business District). b) "Restaurant" - SIC Code 58 Eating and Drinking Places allowed in B-1 (Business Neighborhood) District, B-2 (General Business) District, and MS (Medical Support) District. C ) "Physical Therapy" - SIC Code 80 Health Services allowed in B-1 (Business Neighborhood) District, B-2 (General Business) District, and MS (Medical Support) District. d) "Chiropractic Center" - SIC Code 80 Health Services allowed in B- I (Business Neighborhood) District, B-2 (General Business) District, and MS (Medical Support) District. 5. Allowed accessory uses on this site: a) Martial Arts Studio - This use is allowed. b) Aerobics Studio - This use is allowed. C) Gymnastic Center - This use is allowed. d) Fitness Facility - This use is allowed. e) Retail Store - This use is allowed. 6. Your brochure advertises other planned activities and amenities not included in your letter. These uses are: a) "Conference Rooms" - This use must be accessory to the Sportplex only. Pale 4 Ron Hodgson, President, Hodgson Construction Re: Zoning Determination; Property identification #75-A-91 C October 20, 2003 b) "Private Party Rooms" - This use needs to be further identified. C) "Adult Quiet Room" - This use needs to be further identified. The below -referenced uses are classified the by Frederick County Zoning Ordinance as Commercial Sport and Recreation Clubs and are only allowed in the B-2 (Business General) District, therefore, they are not allowed on this site: a) Batting and Pitching Cages. b) Outdoor Jogging Track. C) Outdoor Soccer Field. You may have the right to appeal this determination within thirty (30) days of the date of this letter in accordance with Section 15.2-2311 of the Code of Virginia. This decision shall be final and unappealable, if it is not appealed within thirty (30) days. Should you choose to appeal, the appeal must be filed with the Zoning Administrator and the Board of Zoning Appeals (BZA) in accordance xvith Article XXI, Section 165-155A(1), of the Frederick County Zoning Ordinance. This provision requires the submission of an application form, a written statement setting forth the decision being appealed, the date of decision, the grounds for the appeal, how the appellant is an aggrieved party, any other information you may want to submit, and a $250.00 filing fee. Once the appeal application is accepted, it will be scheduled for public hearing and decision before the BZA. Please contact me at (540) 665-5651 regarding any questions you may have. Sincerely, �f_,jG✓l�W�'l l Patrick T. Davenport, CZA Zoning and Subdivision Administrator PTD/MRC/bah Attachment l \tart,}Iotic,:mL.0 r,pd - § 165-82 ZONING § 165-82 Allowed Uses Funeral homes and crematories Car washes Videotape rental Medical offices Child day-care services Civic, social and fraternal organizations Public buildings Public utility distribution facilities Business signs Directional signs Residential uses which are accessory to allowed business uses Parks Churches Restaurants [Added 12-9-19921 Art dealers, art supplies and art framing [Added 4-26-19951 Fire stations, companies and rescue squads [Added 10-27-19991 Tobacco stores [Added 1-10-20011 Accounting, auditing and bookkeeping services [Added 1-10-2001 . Standard Industrial Classification (SIC) 726 7542 784 801, 802, 803 and 804 835 864 5812 5993 B. [Amended 8-8-1990; 6-11-1991; 6-8-1994; 7-10-1996; 2-26-1997; 8-13-19971 B2 Business General District. The intent of this district is to provide large areas for a variety of business, office and service uses. 16613 7-20-2001 § 165-82 FREDERICK COUNTY CODE § 165-82 -' General business areas are located on arterial highways at major intersections and at interchange areas. Businesses allowed involve frequent and direct access by the general public but not heavy truck traffic on a constant basis other than that required for delivery of retail goods. General business areas should have direct access to major thoroughfares and should be properly separated from residential areas. Adequate frontage and depth should be provided, and access should be properly controlled to promote safety and orderly development. Nuisance factors are to be avoided. (1) Allowed uses shall be as follows: Standard Industrial ` Classification Allowed Uses (SIC) Veterinary offices with all activities 074 and animals kept within the fully enclosed primary structure Animal speciality services, except veterinary, 0752 with all activities and animals kept within the fully enclosed primary structure [Added 1-10-2001] Communication facilities and offices, 48 including telephone, telegraph, radio, television and other communications Electric, gas and other uti-lity 49 facilities and offices, excluding the following: Sanitary services 495 Paint, glass and wallpaper stores 523 Hardware stores 525 Retail nurseries and lawn and garden 526 supply stores General merchandise stores 53 Food stores 54 16614 7-20-2001 § 165-82 ZONING § 165-82 Standard Industrial Classification Allowed Uses toICI Automotive dealers and gasoline service 55 stations 704 Apparel and accessory stores 56 Home furniture, furnishings and 57 equipment stores 7218 . Restaurants 58 Miscellaneous retail, except for 59 the following: 735 Fuel dealers 598 Finance, insurance and real estate offices Hotels and motels 701 Organization hotels and lodging 704 Personal services, including laundry and 72 funeral services, excluding the following: Industrial launderers 7218 . Business services, excluding 73 the following: Miscellaneous equipment rental. 735 Car washes 7542 Miscellaneous repair services 76 Motion picture theaters, except drive-in 7832 Videotape rental 784 Amusement and recreation services 79 operated indoors Golf driving ranges and miniature golf 7999 courses 16615 2-10-2001 F § 165-82 V FREDERICK COUNTY CODE § 165-82 Standard Industrial Classification Allowed Uses (SIC) Health services 80 Legal services 81 Child day-care facilities 8351 Membership organizations 86 Engineering, accounting, research, 87 management and related services General business offices — Model home sales offices — Self-service storage facilities — Public buildings — Public utility distribution facilities — Business signs — { Directional signs — Building entrance signs — Residential uses which are accessory to — allowed business uses Parks — Churches — Libraries — Electrical supplies 506 Hardware and plumbing and heating 507 equipment Commercial batting cages operated outdoors —. Adult care residences and assisted living — care facilities Flex -Tech — 16616 2-10-2001 § 165-82 FREDERICK COUNTY CODE § 165-82 Standard Industrial Classification Conditional Uses (SIC) (c) All merchandise display areas shall be limited to enclosed structures and shall not be visible from the outside. (d) Business signs shall not exceed a maximum of 25 square feet. No wall - mounted signs or window displays shall be permitted. (e) Hours of operation shall be limited to between 9:00 a.m. and 11:00 p.m. C. B3 Industrial Transition District. The intent of this district is to provide for heavy commercial activities, involving larger scale marketing or wholesaling, in locations that are separate. from but in the vicinity of business and industrial areas. In some cases, such areas may be transitional, located between business and industrial areas. In these areas, there will be a mixture of automobile and truck traffic. Some of the uses in this district will require large areas of land and may have outdoor storage and display. It is intended that the uses in this district shall not be sources of noise, dust, smoke or other nuisances. Such industrial transition areas shall be provided with safe and sufficient access. Standard Industrial Classification Allowed Uses (SIC) Veterinary services with all activities and 074 animals kept within the fully enclosed primary structure [Amended 1-10-20011 Animal speciality services, except 752 veterinary, with all activities and animals kept within the fully enclosed primary structure [Added 1-10-20011 Landscape and horticultural services 078 16618 6-10-2003 § 165-82 ZONING § 165-82 Standard Industrial Classification Allowed Uses (SIC) Offices and storage facilities for 15, 16 and building construction contractors, 17 heavy construction contractors and special trade contractors Commercial printing 275 Local and suburban transit and 41 interurban highway passenger transportation Motor freight transportation and warehousing 42 Transportation by air 45 Transportation services 47 Communication facilities and offices, 48 including telephone, telegraph, radio, television and other communications Electric, gas and other utility 49 facilities and offices and trucking and warehousing, excluding the following: Sanitary services 495 Building materials, hardware, garden 52 supply, mobile home dealers and retail nurseries Automotive dealers and gasoline 55 service stations Wholesale trade businesses — Laundry, dry-cleaning and garment 721 services, excluding the following: Coin-operated laundries 7215 (Cont'd on page 16619) 16618.1 6-10-2003 § 165-82 Allowed Uses ZONING Business services Automotive repair, services and parking Miscellaneous repair services Drive-in motion picture theaters Amusement and recreation services operated indoors Self-service storage facilities Vocational schools Business associations Professional membership organizations Labor unions and similar labor organizations Engineering, accounting, research, management and related services General business offices Model home sales office Accessory retailing Public buildings Public utility distribution facilities Business signs Directional signs Building entrance signs Residential uses which are accessory to allowed business uses Parks § 165-82 Standard Industrial Classification (SIC) 73 75 76 75 79 16619 12-15-99 § 165-94 FREDERICK COUNTY CODE § 165-97 B. The Planning Commission may require landscaped screens or full landscaping, as defined by § 165-37B of this chapter, to separate uses in this district from adjoining fesidential uses and to achieve the intentions of this chapter. § 165-95. Height limitations. Buildings, signs and structures may be erected up to 45 feet in height. ARTICLE XIII MS (Medical Support) District [Added 9-12-20015) § 165-96. Intent. The MS (Medical Support) District is intended to provide for areas to support hospitals, medical centers, medical offices, clinics, and schools of medicine. These areas are intended to allow for a variety of support services and related residential land uses to be within close proximity of each other to provide for professional and patient convenience. All land to be contained within the Medical Support District shall be included within a master development plan to ensure that land uses are compatibly mixed, designed in a harmonious fashion, and developed to minimize adverse impacts to adjoining properties. § 165-97. Permitted uses. A. All land uses shall be developed in accordance with an approved master development plan that meets the criteria in Article XVIII of this chapter. B. Structures are to be erected or land used for one or more of the identified uses. The permitted uses are identified by Standard Industrial Classification. All uses described by Standard Industrial Classification are allowed only if the major group, industry group number, or industry number general group titles are used. (1) Educational support services: 5 Editors Note: This ordinance also redesignated former Arts. XIII through XXI as XIV through XXII, respectively, and renumbered §§ 165-96 through 165-145 as 165-104 through 165-156, respectively. 16628 10-25-2001 § 165-97 ZONING § 165-97 Standard Industrial Allowed Uses Classification Allowed Uses (SIC) Colleges, universities, 822 professional schools, and 5499 junior colleges Libraries 823 Nursing schools, practical 8249 (2) Research support services: Standard Industrial Classification Allowed Uses (SIC) Research and development facilities for the following manufacturing groups: . Drugs 283 Commercial physical and 8731 biological research Noncommercial research 8733 organizations Testing laboratories 8734 (3) Professional and commercial support services. 16629 10-25-2001 Standard Industrial Classification Allowed Uses (SIC) Convenience stores 5411 Retail bakeries 546 Coffee stores, health food 5499 stores, and vitamin stores Retail uniform stores 5699 16629 10-25-2001 § 165-97 FREDERICK COUNTY CODE § 165-97 Standard Industrial Classification Allowed Uses (SIC) Eating places 5812 Drug stores and proprietary 591 stores Bookstores 5942 Stationary stores 5943 Gift shops, greeting card shops, 5947 and balloon shops Florists 5992 News dealers and news stands 5994 Optical goods stores 5995 Orthopedic and artificial limb 5999 stores Life insurance offices 6311 Accident and health insurance 6321 offices Hospital and medical service 6324 plans offices Pension, health and welfare funds 6371 offices Insurance agents, brokers and 6411 service offices Operators of nonresidential 6512 buildings Real estate agents and managers 6531 offices Holding offices 671 Hotels and motels 701 16630 10-25-2001 § 165-97 ZONING § 165-97 Standard Industrial Classification Allowed Uses (SIC) Organizational hotels and lodging 704 houses Garment pressing and agents for 7212 laundries and drycleaners Linen supplies 7213 Beauty shops 7231 Barber shops 7241 Photocopying and duplicating 7334 services Medical equipment rental and 7352 leasing Data entry, data processing, data 7374 verification, and optical scanning data service Hearing aid repair and medical 7629 equipment repair, electrical Dental instrument repair, 7699 laboratory instrument repair, medical equipment repair, except electric, microscope repair, optical instrument repair, scientific instrument repair, except electric, and surgical instrument repair Physical fitness facilities 7991 Membership sports and recreation 7997 clubs Offices and clinics of doctors 801-804 and dentists 16631 10 - 25 - 2001