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Home My WebLink About26-07 ApplicationThis 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 he useful to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: January 15, 2008 LOCATION: 491 Airport Road (Route 645) MAGISTERIAL DISTRICT: Shawnee VARIANCE APPLICATION #26 -07 WINCHESTER REGIONIAL AIRPORT Staff Report for the Board of Zoning Appeals Prepared: January 2, 2008 Staff Contact: Mark R. Cheran, Zoning Administrator Action Pending PROPERTY ID NUMBER: 64 -A -79 PROPERTY ZONING USE: Zoned: RA (Rural Areas); M -1 (industrial Liht) Land Use: Winchester Regional Airport ADJOINING PROPERTY ZONING USE: North: R -4 (Residential Planned Development) Use: Vacant South: M -1 (Industrial Light) Use: Industrial Use East: M -1 (Industrial Light) Use: Industrial Use West: RA (Rural Areas) Use: Vacant VARIANCE REQUESTED: The applicant is requesting a front yard variance of 15 feet, which will result in a 45 foot front yard setback for a proposed aircraft hangar. REASON FOR VARIANCE: Difficulty in locating proposed hangar due to FAA requirements and the size and height of the proposed hangar. Variance #26 -07, Winchester Regional Airport January 2, 2008 Page 2 STAFF COMMENTS: The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the subject property as being zoned A -2 (Agricultural General) when Frederick County adopted zoning in 1967. The property setback lines at the adoption of the zoning ordinance were 35 feet for the fronts and 15 feet for the side yards. Frederick County amended its Ordinance in 1989 to change the A -2 zoning districts to the current RA (Rural Areas) Zoning District. The current setbacks for this property are 60 feet to the front, 50 feet to the rear, and 50 feet to both sides. The applicant is planning to construct an aircraft hangar of approximately 54,000 square feet in size. Due to FAA requirements and current runways and taxiways, the applicant will have difficulty in locating and constructing the hanger on this property. The applicant is requesting a front setback variance of 15 feet resulting in a 45 foot front setback to allow for this hanger to be located and constructed on this property with respect to the airport transition zone, runways, and taxiway. Section 165 -50 ofthe Frederick County Zoning Ordinance allows a by -right use for the Winchester Airport to be located within the RA (Rural Areas) zoning district. This property is a unique land use (Winchester Regional Airport) and the strict application of the current RA setbacks and FAA requirements will result in a substantial detriment and hardship to the current and any future development and use of this property. STAFF CONCLUSIONS FOR THE JANUARY 15, 2008 MEETING: The Code of Virginia 15.2 -2309 (2), states that no variance shall be granted unless the application can meet the following requirements: 1) The strict application of the Ordinance will produce an undue hardship. 2) The hardship is not generally shared by the properties in the same zoning district and vicinity. 3) That the authorization of such variance will not be a substantial detriment to the adjacent property and the character of the district will not be changed by the variance. Due to this unique land use located within the RA (Rural Areas) zoning district, the strict application of the zoning ordinance and FAA requirements will produce on undue hardship for current and future development and use of the property. The hardship is not shared by properties in the same zoning district, as this use is unique to the Winchester Regional Airport. This proposed variance will not change the character of the district or the adjacent properties. Therefore, as the proposed variance and land use are unique to the operations of the Winchester Regional Airport; it appears that this variance meets the intent ofthe Code of Virginia, Section 15.2 -2309 (2). This request from the current front setbacks of the RA zoning district may be justified. ter Regional '4 I :0 47 tint fetik ..44Urztik itor 0 1416, ,A74, 11 41k 73 Ai46. 1- rn en <`oo rr O r 1_ J er i Q Q Z.'Q 1 1 l g u `-f S` J i 64 A 83' GOVERNOR'S ,HILL LLC 4 Frederick County, VA Location in the County Map Features Hamlets Application D Lakes/Ponds Streams Buildings tf Urban Development Area SWSA Topography (5' interval) Variance Permit VAR 26 07 Application Wnchester Region Airport Parcel ID: 64 A 79 Location in Surrounding Area 250 500 1,00eet Case Planner. Mark Map Document: (N:1Planning And_Development1 1_ Locator_ Mps\ WinchesterRegionalAirport_VAR2607_122607.mxd) 12/26/2007 11:43:12 AM Winchest B3 zon ing 9y 0 0. B2 zon R4 zoning 0 a rn Ill CA lit r a, rn .P O m, m co m rn 0 m 1 r as e e e e 64 A 83 GOVERNOR'S HILL LLC e `e Frederick County, VA Location in the County Variance Permit VAR #26 -07 Application Wnchester Region Airport Parcel ID: 64 A 79 Map Features O Hamlets Zoning Application 131 (Business, Neighborhood District) fS Lakes /Ponds B2 (Business, General Distrist) Streams 0 B3 (Business, Industrial Transition District) 0 Buildings f EM (Extractive Manufacturing District) t ill Urban Development Area 0 HE (Higher Education District) e M1 (Industrial, Light District) M2 (Industrial, General Oislrict) MH1 (Mobile Home Community District) O MS (Medical Support District) u R4 (Residential Planned Community Distrir 0 R5 (Residentia Recreational Community 0 RA (Rural Area District) RP (Residential Performance District) elltre SWSA Location in Surrounding Area 0 250 500 1' ;Feet Case Planner: Mark Map Document: N:1Planning_And_Developmentl_1_ Locator_ Mps\ WinchesterRegionalAirport _VAR2607_122607.mxd) 12/26/2007 11:43:12 AM 64` A 63 GOVERNOR'S HILL LLC A R #26 -07 nc es et' ona 0 Land Use Frederick County, VA Location in the County Map Features O Hamlets Long Range Land Use Application Rural Community Center tS Lakes/Ponds Residential Streams a'za Business 41 Buildings (RS Industrial :l■ Urban Development Areal Institutional SWSA Recreation Historic Mixed -Use Planned Unit Development Location in Surrounding Area 0 2 50 500 Case Planner: Mark Variance Permit VAR 26 07 Application Wnchester Region Airport 1,0 0 6B1 Parcel ID: 64 A 79 Map Document: N: \Planning_And_Development \_1_ Locator_ Mps\ WinchesterRegionalAirport_VAR2607_122607.mxd) 12/26/2007 11:43:12 AM R #26 -07 Aerial Ma me l Frederick County, VA Location in the County Map Features 0 Hamlets IN Application td Lakes /Ponds Streams Z• Urban Development Area SWSA Location in Surrounding Area 0 250 500 Case Planner: Mark Map Document: (N: \Planning_And_Development\ 1_ Locator _Mps \WinchesterRegionalAirport VAR2607_122607.mxd) 12/26/2007 11:43:12AM Variance Permit VAR 26 07 Application Wnchester Region Airport 1 .1 :Net Parcel ID: 64 A 79 2. APPLICANT: Winchester, VA 22602 TELEPHONE: 540 665 -5786 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA! Variance Application No. Submittal Date: is -Z/Wo t97 Fee Paid: Sign Deposit /yes initials: OFFICE USE ONLY- Submittal Deadline: /a For the meeting of MUST BE TYPED OR FILLED OUT IN INK PLEASE PRINT 1. The applicant is the owner X other (Check one) NAME: Winchester Regional AirportNAME: ADDRESS 491 Airport Road ADDRESS: The property is located at (give exact directions and include State Route numbers): North side of Rt. 645 Airport Road, 2200 feet west of Victory Road traffic circle, where old and new Airport Road intersect. 4. The property has a road frontage of 904 .48 feet and a depth of 2053 feet and consists of 230 acres (please be exact). 6 OCCUPANT: (if different) TELEPHONE: DEC 2 11 2007 5. The property is owned by Winchester Regional Airport as evidenced by deed from city of Winchester, VA recorded (previous owner) in deed book no. 659 on page 175 of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: Shawnee 7. Property Identification No.: TM 64 A 79 8. The existing zoning of the property is: RA 9. The existing use of the property is: Airport 10. Adjoining Property: USE North Comm. /Ind /Res. East Comm.& Airport South Comm Airport West C o m m, airport Res ZONING M1, B2 R4 M1 RA M1, 132 RA RA 1 l Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard variance for an attached two -car garage. 15 foot front yard variance (from 60 to 45 feet) for location of aircraft hanger. 12. List specific reason(s) why the variance is being sought in terms of: exceptional narrowness, shallowness, size or shape of property, or exceptional topographic conditions or other extraordinary situation or condition of property, or the use or development of property immediately adjacent thereto Exceptional difficulty in locating, because of size and height, of proposed aircraft hanger due to FAA requirements. FAA Transition Zone sets the height of buildings, where the further from runway the higher the transition zone. Also, the future taxilane and taxiway, as proposed for future aiport development, require separation distances to apron areas and buildings. 13. Additional comments, if any: 14./ The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the variance is being sought, including Se e properties at the sides, rear and in front of (across street from) the subject property. (Use additional pages if ��v necessary.) These people will be notified by mail of this ?V° application: NAME 8 Address Property ID Address Property ID Address Property ID Address PropertylD Address I Property ID Address Property ID Address Property ID 13. Additional comments, if any: 14./ The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the variance is being sought, including Se e properties at the sides, rear and in front of (across street from) the subject property. (Use additional pages if ��v necessary.) These people will be notified by mail of this ?V° application: NAME 8 Adjacent properties to 64 A 79 PIN# 64 A 40B 64 A 40A 64 A 40H 64 A 40G 64 A 72 64 A 71 64 A 70 64 A 69 64 A 68 64 -A -59 64 -A -60 64 -A -61 64 -A -62 64 -A -63 64 -464 64 -A -65 64 -A -66 64 -A -67 64B 3 A 64B 3 B 64 A 88 64 A 89 64 -A -87 64 -A -87A 64 -A -89B 64 A 86 64 A 83 64 A 82 64 A 80J 64 A 80M 64 A 80A 64 A 79G 64 5 A 64 5 D 64 5 4A 64 5 3A 6453 64 5 1 64 5 1 64 A 39C 64 A 39 64F 1 1 64F 1 9 I 15. Provide a sketch of the property (you may use this page or attach engineer's drawing). Show proposed and/or existing structures on the property, including measurements to all property lines and to the nearest structure(s) on adjoining properties Please include any other exhibits, drawings or photographs with this application. See attached drawings 9 SIGNATURE OF APPLICANT DATE \DA A \au SIGNATURE OF OWNER BZA PUBLIC HEARING OF AGREEMENT VARIANCE 6'O 1 (Number to be assigned by the Planning /Dept.) 1 (we), the undersigned, do hereby respectfully make application, and petition the Frederick County Board of Zoning Appeals (BZA) to grant a variance to the terms of the Frederick County Zoning Ordinance as described herein. I agree to comply with any conditions for the variance 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 understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the BZA public hearing and maintained so as to be visible from the road or right -of -way until the hearing. I hereby certify that all of the statements and information contained herein are, to the best of my knowledge, true. (if other than applicant) OFFICE USE ONLY- D TE- 7 APPROVAL SIGNED: DENIAL DATE: 10 ACTION: DATE L L ZA CHAIRMAN i Tilli SITE PLAN FUTURE PROJET PHASED HANGER/OFFICE W INCHESTER REGIONAL AIRPORT 1 SHAWNEE DISTRICT, FREDERICK CO. VA I—< W LL y 8 et I V J LL zw 1 QE Qw a W 6. w w Vl W 1(yiw =Z V3 F H UE UE- Etc ci ENG Potesta Associates, Inc. VIRONMF CONSULTANTS 3 4 1' It Mb (540) 430-0180 FM: (540) 450-0182 II SYMBOL LEGEND FUTURE EXPANSION PER DELTA ARPORT SER/CES PROPOSED UNOEACROUNO EIEGfRIC UNE PROPOSED UNDERGROUND SRE COMMUNICATIONS UNE PROPOSED WATER UNE PROPOSED GAS UNE BUILDING RESTRICTION UNE PROPOSED SANITARY SEWER UNE EXISTING EDGE OF PAVEMENT EXISTING CNAN UNK FENCE EXISTING STORM SEWER EXISTING GAS UNE I. f EXISTING UNDERGROUND SITE COMMUNICATIONS UNE III EXISTING UNDERGROUND ELECTRIC UNE EXISTING WJRARY SEWER MANHOLE 1 EXISTING WATER UNE EXISTING SANITARY SEWER UNE ONOCU IGNNGC lai3e0Hd ONI SIA31 EXISTING PROPERTY RIGHT -OF -WAY UNE DESCRIPTION i Tilli SITE PLAN FUTURE PROJET PHASED HANGER/OFFICE W INCHESTER REGIONAL AIRPORT 1 SHAWNEE DISTRICT, FREDERICK CO. VA I—< W LL y 8 et I V J LL zw 1 QE Qw a W 6. w w Vl W 1(yiw =Z V3 F H O O N E R m ck A g i NiTyz C F O w N S N T c R H U E C s T r I E O R N v A 600 AIRPORT ROAD WINCHESTER, VA 22602 APOTESTA ENG Potesta Associates, Inc. VIRONMF CONSULTANTS 3 E 4 1' It Mb (540) 430-0180 FM: (540) 450-0182 ilaCE new NRPOIrt..PG umz 45 P0TAt0t&d5 1415 •1 GEORG( L VIC7ORP L HENZEL as. 795 Pa 1559 soma) 9 ea c r z m 0 —1 m m 143: 0 jrl 170 101 1 1 0 I i 1 :0" I 1< RAMS ZONE TRANSITION ZONE i 1 1 1 1 1 1 I i 1 IA 0 1 1 P• 1 I 1 1 1 rtil 1 1 i 1 \\33i,,'„\\■\ 1 I fi 1 ‘..I.I. I I I I I I 1 I I I\ 1 I II I 1 I I i I I I111 I 1 1 1- 1\ !1 1H 1 1 I 1 2 \II V 1 ,1 1 1 rk 1 1 1 I I 1 1 1 1 i 1 1` 1 i 1 1 1 1 1 1 1 1 1 I I 1 1 1 1 1 1 1 1 N N b 74 Ls: Iss., SC I 7 CO IN CI CO Sis Cs5 L ES .97 1 I 400' TO RUNWAY CENTERLINE I Ld t- f 1- 1 1 "ieTwg0EWIuwa :uuWl l.91 -3 tvio-oc. (on) :xvi vi W lo-pq ton) w coon 9 'a+.w.ut '.(a Non wva we d WNOiW NY OMB $y]3fll'JA.] 09 e salepossy e}sa;od V1S310dr ZO9ZZ VA '2131S3HDNIM CIVOd VA 2131 3HONIM ANVdWOO NOIIDndisNOo Z1NV1 1113113 83N/A0 0 a z 0 s 1 3MAI31/13 Avw n 01 m 3NOZ NO/ SWaL S N 961 iY Der Q' 0 I LeI al VA 'OD )1312 130111 '1DId1SI0 33� maw 1VN010321 d31S3H 30 1di0 /2130NVH 111 3SVHd 13 38llf d NVId 3119 �gg .441 +a Wwuruatna \Ne no mw �zsrn r,ro a¢.c.s #7045 CITY OF, WINCHESTER, VIRGINIA TO: DEED WINCHESTER REGIONAL AIRPORT AUTHORITY *jre:* BK659PGI75 W I T N E S S E T Hs THIS DEED, made and entered into this the 1st day of July, 1987, by and between the CITY OF WINCHESTER, VIRGINIA, a Virginia Municipal Corporation, party of the first part, hereinafter, CITY, and the WINCHESTER REGIONAL AIRPORT AUTHORITY, party of the second part hereinafter, AUTHORITY, WHEREAS, by resolution adopted by the Common Council of the City of Winchester on the 9th day of June, 1987, and by section 2 of the Agreement, dated July 1, 1987, attached to and approved by said resolution the CITY has agreed to con- vey the real estate with improvements comprising the Winchester Regional Airport to the AUTHORITY, NOW, THEREFORE, for and in consideration of the sum of Ten Dollars (510), cash in hand, paid by the party of the second part, unto the party of the first part, the receipt and sufficiency of which are hereby acknowledged, and in further consideration of the benefits to accrue to the CITY by the operation of the airport by the AUTHORITY the said CITY OF WINCHESTER, VIRGINIA, party of the first part, does hereby, quitclaim, discharge, transfer, and release unto the said WINCHESTER REGIONAL AIRPORT AUTHORITY, a body politic,, all of its right, title, and interest in and to all those certain tracts or parcels of land situate along Bufflick Road, in the County of Frederick, Virginia, together com- prising the Winchester Regional Airport, excepting and reserving therefrom, however, the property which is the sub- ject of the lease between the CITY and powien Equipment Coar palsy, as shown on a plat entitled "CITY OF WINCHESTER WINCHESTER AIRPORT EXHIBIT 'A', attached hereto. The CITY further hereby conveys all easements owned by it which are appurtenant to or for the benefit of the Winchester Regional Airport. In consideration of the conveyance of the properties to the AUTHORITY by this deed, the AUTHORITY agrees that it Wall not convey, 0011, encumber, or otherwise dispose of or transfer the cightc in any of said properties without tho agreement of the CITY, evidenced by its execution of any and all documents effectuating any such conveyance, sale, encum- brance, disposition, or transfer. WITNESS the following signatures and seals. CITY OF WINCHESTER, VIRGINIAt ATTEST: Patricia B. As by Clerk of City Council 8x65 By (SEAL) Edwin C. Daley City Manager WINCHESTER REGIONAL AIRPORT AUTHORITY By (SEAL) '/.f4.4. (SEAL) Ex cutiv'' Director, Winchester Regional Airport Authority hairman, Wincheste( Rogional Airport Authority Lfreviraw *I• 0659PCI TT STATE OF VIRGINIA CITY OP WINCHESTER, To -wits I, d1uly a Notary Public for the Commonweal h of Virginia, at- large, do hereby certify that Edwin C. Daley, City Manager of the City of Winchester, Virginia, and Patricia 8. Ashby, Clerk of Council of the City, whose naves are signed to the foregoing deed, dated the 1st sdday of July, have acknowledged their signatures in such this a p befo n in my City arip State aforesaid ay of g 1921110 My commission expires °I WO 2,9 Iq$q STATE OP VIRGINIA +11 OulDth 101 10 Notary Public CITY OF WINCHESTER, To =wits I, 441,0 d sg a Notary Public for the Commonwealth of Virgini(, at- large, do hereby certify that the Chairman of the Winchester Regional Airport Authority and Executive Director of tho Winchester Regional Airport Authority, whose names are signed to the foregoing deed, dated tho 1st day of July, have acknowledged their signa- tures in ouch capacities bofore me in my City and State aforesaid this day of 19$'x. My coemiecioa expires 7 44t i 1 #a.e'aid kir Notary Public 1 e/ /y r SS o y( 11 ti ULLIVAN CORD --N L7. (3, ir r S. Le I:0 N I Al I 1 4 I t 1. 1 is dee i JJ�iLI 10 t'" SS w V 5WLEN t t,° ;mE��T %vi IFO- CO. 04 1 4 M W ;VALE. (n xi I: iw I\ ;I D il t /6r• c (y Jd W V ,C'7: so. 7t9 CITY OF WINC,{iES7ER WINCHESTER AIRPORT EXH IB$1 A FLAT OF .EASE re r 1 4 I 4 c c