BZA 10-20-20 Meeting Agenda1.Call to Order
2.Determination of a Quorum
3.Meeting Minutes
3.A.Minutes of September 15, 2020
4.Public Hearings
4.A.Appeal Application #09-20 of Winchester Medical Center, Inc.
Submitted by Thomas Moore Lawson, P.C., on behalf of Valley Health to appeal the
decision of the Zoning Administrator for the zoning determination issued for Site Plan
#07-20 WMC – West Campus CAB. The appeal pertaining to conformance with the
proffered Generalized Development Plan (GDP) which shows the limits of uses within
each land bay and the determination for the setbacks of the MS (Medical Support)
Zoning District for streets, roads, private streets and road easements. The subject
property is located at the terminus of Botanical Boulevard, west of Route 37 and is
identified with Property Identification Number 53-A-68 in the Gainesboro Magisterial
District.
5.Other
AGENDA
BOARD OF ZONING APPEALS
TUESDAY, OCTOBER 20, 2020
3:30 PM
THE BOARD ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
BZA10-20-20MeetingMinutesSeptember15.pdf
BZA10-20-20APP09-20.pdf
1
Board of Zoning Appeals
Agenda Item Detail
Meeting Date: October 20, 2020
Agenda Section: Meeting Minutes
Title: Minutes of September 15, 2020
Attachments:
BZA10-20-20MeetingMinutesSeptember15.pdf
2
1794 Frederick County Board of Zoning Appeals
September 15, 2020
MEETING MINUTES
OF THE
FREDERICK COUNTY BOARD OF ZONING APPEALS
Held in the Board Room of the Frederick County Administration Building, 107 N. Kent Street,
Winchester, Virginia, on September 15, 2020.
PRESENT: Eric Lowman, Chairman, Red Bud District; Kevin Scott, Vice-Chairman Shawnee
District; Reginald Shirley III, Opequon District; Dudley Rinker, Back Creek District, Dwight
Shenk, Gainesboro District and Ronald Madagan Member at Large.
ABSENT: John Cline, Stonewall District
STAFF PRESENT: Mark Cheran, Zoning Administrator; and Pamala Deeter, BZA Secretary
CALL TO ORDER
The meeting was called to order by Chairman Lowman at 3:30 p.m. and he determined there is a
quorum.
Chairman Lowman led the Pledge of Allegiance.
On a motion made by Mr. Rinker and seconded by Mr. Madagan, the minutes for the August 18,
2020 meeting were unanimously approved as presented.
Chairman Lowman inquired if there are any applications for October. Mr. Cheran replied yes,
the cutoff date is Friday September 18, 2020.
PUBLIC HEARING
Chairman Lowman read the request for Variance Request #10-20 Russell and Joyce Stevens,
submitted a 9.5 ft rear yard setback variance to a required 15 ft rear yard setback (covered structure)
to enclose/screen in an existing uncovered deck resulting in a 5.5 ft rear setback for the covered
porch and seeking a 3.5 ft rear yard setback variance to a required 5 ft rear yard setback (uncovered
structure) to allow for the construction of stair for the covered porch, resulting in a 1.5 ft rear yard
setback for the stairs. This property is located at 107 Fringetree Court, Lake Frederick, Virginia
and is identified with Property Identification Number 87B-3-1-153 in the Opequon Magisterial
District.
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1795 Frederick County Board of Zoning Appeals
September 15, 2020
Mr. Cheran came forward to present the staff report. Mr. Cheran presented a map outlining the
property and showing the size of the property and location of dwelling. Mr. Cheran showed the
design plans, from Taylor Construct, LLC/Virginia Deckworks, LLC., for the covered porch and
the stairs. Staff state the property is located at 107 Fringetree Court, Lake Frederick and the zoning
is R5 (Residential Recreation Community). Mr. Cheran commented that the adjoining properties
are R5 and are residential. Staff mentioned that the rear of the property abuts the open space.
The property was created in 2018 as single-family small lot type. The small lot type building
setback are: 25 ft. front, 5 ft. sides and 15 ft. rear from the dwelling. The Applicant currently has
an uncovered deck which is 5.51 ft from the rear property line setbacks for uncovered decks is 5
ft. from the rear and a covered porch type have to meet the rear setback of 15 ft. as they become
part of principal structure.
Staff reiterated the Applicant’s request for a variance. Mr. Stevens is requesting to allow the deck
to be enclosed and stairs to be built.
Mr. Cheran concluded, by reading The Code of Virginia 15.2-2309 (2) and the code of Frederick
165-1001.2 states that no variance shall be granted unless the application can meet the following
requirements:
1) The property interest for which the variance is being requested was acquired in good faith.
2) The granting of the variance will not be a substantial detriment to adjoining property or
nearby properties in the proximity of that geographical area.
3) The condition or situation of the property concerned is not of so general or recurring as to
make reasonably practicable the formulation of a general regulation to be adopted as an
amendment to the ordinance.
4) The granting of the variance does not result in a use that is otherwise permitted on such
property or a change in the zoning classification of the property.
5) The relief or remedy sought by the variance is not available through a special exception or the
process for modification of a zoning ordinance.
This proposed variance appears to be consistent with the character of the District; and meets the
intent of The Code of Virginia 15.2309 (2) and the Code of Frederick County.
Mr. Cheran noted the Applicant, Mr. Stevens is here.
Mr. Stevens came forward and gave his reason as to why he is requesting to enclose his porch.
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1796 Frederick County Board of Zoning Appeals
September 15, 2020
Public Comment
Chairman Lowman opened the floor to anyone in favor or in opposition of the application.
No one came forward.
Public Hearing Closed
Discussion/Comment
Four of the Committee Members visited the Applicant’s property. The four agreed that the house
back to an open space so no other structure could be building adjacent to the covered porch and
stairs.
Chairman Lowman expressed a concern about the water run-off.
On a motion made by Mr. Shirley to approve as presented, Variance Request #10-20 for Russell
and Joyce Stevens and was seconded by Mr. Dudley and it was unanimously approved.
Vice Chairman Scott made a motion to adjourn the meeting at 3:45 p.m. and Mr. Shenk seconded
the motion.
_____________________
Eric Lowman, Chairman
____________________
Pamala Deeter, Secretary
5
Board of Zoning Appeals
Agenda Item Detail
Meeting Date: October 20, 2020
Agenda Section: Public Hearings
Title: Appeal Application #09-20 of Winchester Medical Center, Inc.
Attachments:
BZA10-20-20APP09-20.pdf
6
APPEAL APPLICATION #09-20
WINCHESTER MEDICAL CENTER, INC.
Staff Report for the Board of Zoning Appeals
Prepared: October 7, 2020
Staff Contact: Mark R. Cheran, Zoning Administrator
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 appeal. It may also be
useful to others interested in this zoning matter.
BOARD OF ZONING APPEALS HEARING DATE:
October 20, 2020
Public Hearing Action Pending
LOCATION: The subject property is located at 1998 Northwestern Pike, Winchester, Virginia.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 53-A-68
PROPERTY ZONING: B2 (Busines General) & MS (Medical Support) District
Rezoning # 02-03 – Winchester Medical Center – West Campus
LAND USE: Vacant
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Use: Orchard
East: Route 37 Use: State Highway
South: B2 (General Business) Use: Medical Office/Motel
West: RA (Rural Areas) Use: Orchard
APPEAL: The Owner is appealing the determinations of the Zoning Administrator, dated July 8,
2020. The Applicant is first appealing the determination relative to the building setbacks applicable
to the proposed MS (Medical Support) Zoning District uses (specifically, educational, research,
professional, commercial, and other related support services) on the Property. Second, the Owner is
appealing the determination that the proposed use is not consistent with the approved Master
Development Plan, #06-04, for the Property.
ZONING ADMINISTRATOR DETERMINATION:
1) That the applicable setbacks for the proposed uses are determined by the classification of
streets referenced in Part 504 of the Zoning Ordinance, and
2) That the placement of an 88,727 square foot office and warehouse building within a land bay
designated for “office and administration” uses, is inconsistent with the proffered
Generalized Development Plan (GDP) and Master Development Plan (see attached Proffers
and GDP -Enclosure 1 and MDP-Enclosure 2).
7
Appeal #09-20
Winchester Medical Center, Inc.
October 7, 2020
STAFF COMMENTS: The Property is subject to Rezoning #02-03 for Winchester Medical
Center-West Campus, approved by the Board of Supervisors on April 9, 2003. This application
rezoned 50+/- acres from B2 (General Business) District to the B2 (General Business) District with
proffers and 51+/- acres from RA (Rural Areas) District, to the MS (Medical Support) District, with
proffers. The Proffers for Rezoning #02-03 included a General Development Plan (GDP) that
identified the types of uses allowed within each land bay on the property. Following the rezoning
approval, the owner submitted a Master Development Plan (MDP) for the property which was
approved on June 30, 2004. This MDP was based on the proffered GDP. The Owner, on February
13, 2020, submitted Site Plan #07-20, for the Property. The Owner, on June 10, 2020, requested a
zoning determination, with respect to the applicable setbacks, noting the submission of the proposed
Site Plan for an office and warehouse building at a particular location on the Property.
The Zoning Administrator, on July 8, 2020, issued his determination, that (i) the applicable setbacks
for the proposed uses are as set forth for the different classifications of streets referenced in Part 504
of the Zoning Ordinance, and (ii) that the placement of an 88,727 square foot office & warehouse
building at the indicated location is inconsistent with the MDP and the GDP, as this land bay is
designated for “office and administration” uses.
Applicable Setbacks
Section 165-504.05(A) of the Zoning Ordinance establishes the structure and parking lot setbacks for
the MS District. As to structures used for educational, research, professional, commercial, and other
related support services, Section 165-504.05(A) provides:
All permitted educational, research, professional, commercial, and other related support
services shall have a minimum front yard setback of 50 feet from any urban collector street
and a minimum front yard setback of 35 feet from any urban local street.
The GDP provides for access, from what is now Botanical Boulevard, to the land bays contained
within the Property, to be by means of a private street (GDP Sheet 5). The MDP in turn identifies
this as a “Private Urban Collector Road”, designated as Perennial Drive, extending throughout the
limits of the Property (MDP, Sheets 2 and 3).
The Zoning Ordinance contains the following definitions for an “Urban Collector Street” and an
“Urban Local Street”:
STREET, URBAN COLLECTOR – A public or private street that is constructed to the
American Association of State Highway and Transportation Officials (AASHTO)
geometric design standards for urban collector street systems.
STREET, URBAN LOCAL – A public or private street that is constructed to the American
8
Appeal #09-20
Winchester Medical Center, Inc.
October 7, 2020
Association of State Highway and Transportation Officials (AASHTO) geometric design
standards for urban local street systems.
Therefore, the front setback for any structure is 50 feet from the street/road designated as Perennial
Drive and 35 feet from any other road within the Property.
Furthermore, as this private street/road serves other land bays within the Property, as both the GDP
and the MDP designate, and which land bays are in either of two different zoning districts, the
Owner may not utilize a private driveway, along the lines of the Owner’s inquiry in its request for a
zoning determination. The Zoning Ordinance defines a “Driveway” as:
A private travelway for vehicles which provides access to a public street or road from a
parking space, garage, dwelling, structure or use.
Because, per the definition, a “driveway” is to provide access for a single use (and its associated
dwelling, structure, garage, and parking), the Owner cannot rely upon that definition for a property
with multiple land bays, each designated for a different use. The applicable setbacks, then, are those
that apply to the different classifications of streets referenced in Section 504.05(A) of the Zoning
Ordinance.
Location of Proposed Use
The GDP and the MDP identify the types of uses allowed within the land bays on the Property. The
Owner submitted the proposed Site Plan for the Property, but the proposed Site Plan was not
approvable, as the use identified on the proposed Site Plan did not conform with the designations on
the GDP and on the MDP.
Specifically, the use identified on the proposed Site Plan, an 88,727 square foot office & warehouse
building, is clearly located within a land bay identified on the GDP and on the MDP as being for
“office & administration”. The GDP and the MDP both otherwise allow warehouse uses, but only
within the land bay immediately to the south of the location for the proposed structure shown on the
submitted Site Plan. Warehouse buildings are permitted within the land bay area identified for
“shared services distribution center”.
Furthermore, the MDP depicts a “private urban collector road” and bridge crossing Route 37, which
is apparently no longer part of the overall site, but which the Owner should otherwise show on the
site plan. The rezoning also proffered to construct a landscaped, open, green visual focal link and
park located at a roundabout, the Owner did not construct this feature (focal point at overpass
roundabout).
STAFF CONCLUSIONS FOR THE OCTOBER 20, 2020 MEETING: Staff is requesting that
the Board of Zoning Appeals affirm the decision of the Zoning Administrator in the administration
9
Appeal #09-20
Winchester Medical Center, Inc.
October 7, 2020
of the Frederick County Zoning Ordinance, Section 165-502.04A, and the proffers assigned to
Rezoning #02-03 for Winchester Medical Center-West Campus.
10
WINCH ESTERMEDICAL CENTERSubdivision
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164ECHO LN
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174BOTANICAL BLVD194ECHO LN
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956POORHOUSE RD 925ECHO LN
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