HomeMy WebLinkAbout19-05 Comments 2August 24, 2005
LAX, Ltd.
101 Providence Dr.
Winchester, VA 22602
RE: APPEAL APPLICATION #19 -05 OF LAX, Ltd.
Dear Sir or Madam:
This letter is to confirm that the above referenced appeal application was denied by the Board of
Zoning Appeals at their meeting on August 16, 2005. This denial was of request 19 -05, to appeal
the decision of the Zoning Administrator pertaining to private entrances. The subject property is
located at 115 Winterberry Court, identified by Property Identification Number 54I -2 -65 in the
Shawnee Magisterial District.
The decision of the Board of Zoning Appeals may be appealed to the Circuit Court of Frederick
County within 30 days of the Board's decision. If you have any questions regarding this action,
please feel free to call this office.
Sincerely,
MRC/bhd
Mark R. Cheran
Zoning and Subdivision Administrator
COUN
Department of Planning and Development
540/665 -5651
FAX: 540/665 -6395
107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000
K
Junel5.2005
LAX, LTD
Attn: Frank Nagel
101 Providence Drive
Winchester, VA 22602
RE: 115 Winterberry Court
Properly Identification Number (PIN): 541 -2 -65
RP (Residential Performance) Zoning District
Dear Mr. Nagel:
This letter is regarding a driveway located on the above referenced property that exits onto Senseny Road. 1
visited the property on June 10, 2005, and noted a driveway exiting to Senseny Road.
In accordance with Section 165 29(10) of the Frederick County Zoning Ordinance, a private driveway on a
collector road shall only be allowed if a safe entrance is provided. Therefore this driveway constitutes a
violation of the provisions of Section 165 29(10). This office will not issue any certificates of occupancy for
this property until all ofthe violations ofthe Frederick County Zoning Ordinance have been abated. This office
will allow thirty (30) days from receipt of this letter to resolve this violation. Specifically, resolution of this
violation may be accomplished by removing and closing this driveway on the above-referenced property.
Failure to comply with the Zoning Ordinance could result in a criminal complaint being filed against you.
You may have the right to appeal this notice of violation within thirty (30) days of the date of this letter in
accordance with Section 15.2-2311 ofthe 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
with Article XXI, Section 165 -155A (1), ofthe 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,
arty other inFonnation you may want to submit, and a 5300.00 filing fee. Once the appeal application is
accepted, it will be scheduled for public hearing and decision before the BZA.
Contact me at (540) 665 -5651 with any questions you may have.
Sincerely,
/7il
Mark R. Cheran
Zoning Administrator
MRC /bad
CERTIFIED MAIL
COUNTY of FREDERICK
Department of Planning and Development
540/665 -5651
FAX: 540 /665 -6395
107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000
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Print ALL information clearly:
CITY OR COUNTY
DATE AND TIME
1/08/08 13:53:16 Real Estate Maintenance RESfEW User
Acct# 000040487 COUNTY OF FREDERICK eBill? L -Chg
Owner /Name Address Adr Chq• *Status *Dist 01 Batch
CARROLL MATTHEW F SSN #1: SSN #2:
Tenant Name Property Address
CARROLL PATTY L
PO BOX 31
WINCHESTER VA 22604 0000 00000
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Map# 52
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0024.1 BALLYGAR DR
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.Grantor- :'CARROLL MATTHEJI
Land 159100 Acres (2) 277 2=111= Loan#
Use Class 2 *Zone RA ID# Code ACH FG
Impv. 973100 Par.(1) /Cd Date 00000000 Bill#
Mtn Land Tv /Rn /Lnd Batch 1st Half
Timber P BkPq St Excl 00 1H Addtl
Mineral D BkPq 2nd Half _.1769.77
Tot Value 1132200 W -BkPq BI Permt 0000479 2H Addtl
Total Tax Instrmt .0000 Tot. Tax 3539..55
Cons /Date_ 10242007 -Prort Dt 00000000 12
F3 =Exit F4 =Suppl F11= Transf F24 =More Keys
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1769.78
TO:
FROM:
RE:
DATE:
MRC/bhd
File Building Permit 2006 -2004
Mark R. Cheran, Zoning and Subdivision Administrator
115 Winterberry Court
November 1, 2007
COUNTY of FREDERICK
Department of Planning and Development
540/665 -565
FAX: 540/ 665 -6395
The fence and plantings (trees) in the rear of this property along Senseny Road must stay in place.
Any use of this rear driveway to access Senseny Road, or removal of plantings, will constitute a
violation of the zoning ordinance.
107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000
Document
CODE OF FREDERICK COUNTY, VIRGINIA, v77 Updated 06 -10 -2005
PART II GENERAL LEGISLATION
Chapter 165, ZONING
ARTICLE IV, Supplementary Use Regulations
165 -29. Motor vehicle access.
165 29. Motor vehicle access.
A. New driveways.
(1) Private driveways shall be allowed to provide access to individual residences or uses. Private
driveways shall also be allowed to provide access to parking -lots and loading areas shared by a
number of residences or uses.
(2) In order to provide safe and convenient access and to provide efficient travel on arterial
highways, a minimum spacing shall be provided between new driveways and entrances onto
collector roads and onto primary and arterial highways, in the following zoning districts:
B1 Neighborhood Business
B2 Business General
B3 Industrial Transition
M1 Light Industrial
M2 Industrial General
(3) In addition, the minimum spacing requirements shall apply to any business, industrial or
institutional use in any zoning district or to any residential development in which more than one
dwelling shares a parking lot.
(4) Minimum spacing shall also be provided between new driveways and the intersections of
roads with the collector road or arterial highways. Minimum spacing between driveways and
between driveways and intersections shall be as follows:
Minimum Driveway Spacing on
Primary and Arterial Highways
Posted Speed Minimum Required
Page 1 of 1
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Dotiument,
CODE OF FREDERICK COUNTY, VIRGINIA, v77 Updated 06 -10 -2005
PART II GENERAL LEGISLATION
Chapter 165, ZONING
ARTICLE IV, Supplementary Use Regulations
165 -29. Motor vehicle access.
Limit (mph) Spacing (feet)
35 or less 150
More than 35 200
(5) In all cases, the spacing distances shall be measured from the tangents to the curb return of
the driveways or intersecting streets.
(6) The minimum spacing for access on minor collector roads shall be 70 feet between
driveways and between driveways and intersections. The minimum spacing for business or industrial
entrances and road intersections on major collector roads shall be 150 feet. [Amended 9 -13 -1995]
ILLUSTRATION OF:
Entrance Spacing and Shared Access
Provisions
Existing
Driveway
ARTERIAL HIGHWAY Speed Limit 35 MPH
50 Feet
i
New lot can
be created
by providing
I access
easement
I
Existing lot line
SCALE:
1" 60'
Page 1 oft
(7) Spacing exceptions. New driveways with entrances on arterial or primary highways which do
not meet the above spacing requirements shall be allowed only when access meeting the spacing
requirements cannot be provided from the arterial highway to the individual property by using one of
the following methods:
(a) Existing access. When a parcel abuts a minor or collector street that intersects with the
arterial or primary highway and when the parcel cannot be provided with an entrance onto the
arterial or primary highway that meets the spacing requirement, access to the parcel shall be
from the minor or collector street and new entrances shall not be allowed directly onto the
arterial highway.
(b) Shared access. When a lot is created on a collector road or arterial highway, shared
means of access to the road or highway shall be created by access easement, shared driveway or
other means to ensure that the spacing requirements have been met.
httro: /gcp.esub. net /egi- bin/om_isapi.dll ?ClientlD= 73134& infobase= frederic.nfo &record 8/16/2005
Document
CODE OF FREDERICK COUNTY, VIRGINIA, v77 Updated 06 -10 -2005
PART II GENERAL LEGISLATION
Chapter 165, ZONING
ARTICLE IV, Supplementary Use Regulations
165 -29. Motor vehicle access.
[5] Shared access easements shall be provided in a manner so that shared driveways are
clearly separated from parking areas, loading areas and pedestrian walkways.
[6] Shared access easements that follow lot lines are preferred.
(8) New lots. No new lot shall be created on an arterial highway unless spacing requirements can
be met for entrances on the lot or unless access is provided through shared or existing access.
(9) Number of driveways. No more than one driveway shall be allowed per parcel if driveways
are allowed which do not meet the spacing requirements.
ILLUSTRATION OF:
Entrance Spacing and Existing Access
Provisions
150 feet
No Entrance Allowed
Entrance on
Collector require
Loc Line
ARTERIAL HIGHWAY Speed Limit 35 MPH
0
r
r
r
Entrance on
Collector required
7
Entrance on
Arterial Aliwed
Lot Line
Allowed
150 feet 150 feet
;Second Entrance Hoc
Page 1 of 2
(10) Entrances on collector and minor streets. Whenever a parcel abutting an arterial highway
also abuts a collector or minor road, in order to obtain an entrance on the arterial road, an entrance
must be provided on the collector or minor road. This shall only be required if a safe entrance can be
provided on the_colle 41 minor road, mcoti4ng -al e runts of the Frederick County` and
la I epartment of Transportation.
(11) All entrances onto state maintained highways must meet all requirements of the Virginia
Department of Transportation and the Frederick County Code.
(12) New driveways shail-afign tlrexistitrgor plannedRIriveways, crossovers, tum lanes or
other access features. This shall only be required if the resulting alignment provides safe access and
if all requirements of the Frederick County Code and the Virginia Department of Transportation are
met.
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Dopument
(13) The location of new driveways shall conform with road improvement plans or corridor
plans that have been adopted by Frederick County or the Virginia Department of Transportation.
(14) Private roads providing lot access to multifamily and single family small lot housing, as
permitted in 144 -24 of the Subdivision Ordinance, shall be a minimum of 20 feet in width. The
pavement design for the private roads shall include eight inches of aggregate base material, Type I,
Size No. 21 -B, and shall be paved with a 165 No. psy asphalt concrete, Type SM -2A, surface
treatment. In addition, curb and gutters, standard curb CG -6, CG -7 or roll -top curb and sidewalks
shall be provided along private roads; however, the Planning Commission may approve a waiver of
sidewalks on private streets, provided that another recreational amenity is substituted for the
sidewalk. [Added 10 -27 -1999]
B. Alternative methods.
(1) The Planning Commission may allow other means of motor vehicle access which do not
meet the above requirements. Such means may involve the use of entrances which physically limit or
restrict left turns, methods which ensure one -way travel or other methods.
(2) In such cases, the Zoning Administrator may require a traffic access plan which describes
existing traffic, conditions and design on the streets abutting the site and the methods proposed to
ensure that the intent of this section has been met.
C. Internal circulation. A complete system of internal traffic circulation shall be provided to serve all
uses in any shopping center, industrial park or any development included in a single master development
plan, site plan or subdivision plat approved by Frederick County. In such developments, internal access
shall be provided in a fashion so that all uses can be mutually accessed without entering onto arterial or
primary highways. In such cases, a pattern of internal circulation shall be designed to ensure that
conflicts are avoided between moving vehicles, parking areas, pedestrian areas, loading areas and the
various uses provided.
Page 2 of 2
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Document
Page 1 of 1
CODE OF FREDERICK COUNTY, VIRGINIA, v77 Updated 06 -10 -2005
PART II GENERAL LEGISLATION
Chapter 165, ZONING
ARTICLE IV, Supplementary Use Regulations
165 -29. Motor vehicle access.
D. Pedestrian access. Safe pedestrian walkways shall be provided to all uses on land included in a
master plan or site plan approved by Frederick County. Sidewalks shall be provided in conformance
with adopted corridor or walkway plans or approved master development plans. The Planning
Commission may require additional sidewalks or walkways on master plans or site plans to promote a
general system of pedestrian access in residential neighborhoods or business corridors.
E. Fire lanes. Fire lanes shall be required as set forth in Chapter 90, Fire Prevention. [Added 12 -9-
1992]
165 -30. Signs.
Signs shall be allowed or prohibited according to the following requirements in order to promote
safety, to protect property values, to create an atmosphere conducive to orderly economic growth and to
meet the intentions of this chapter:
A. Signs prohibited in all districts. The following types of signs shall be prohibited in all zoning
districts:
(1) Animated or flashing signs.
(2) Signs painted directly onto the exterior of buildings.
(3) Inflatable signs. [Added 9 -12 -2001]
(4) Roof signs. [Added 9 -12 -2001]
(5) Portable signs. [Added 9 -12 -2001]
B. Signs allowed in all districts. The following types of signs shall be allowed in all zoning districts:
(1) Signs indicating the names or addresses of the occupants of residences.
(2) Signs or bulletin boards associated with public institutions, churches, schools or community
centers.
(3) Commemorative plaques and historical markers.
(4) Signs identifying civic, social or other nonprofit organizations.
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County of Frederick
Department of Planning and Development
107 North Kent Street, Suite 202
Winchester, Virginia 22601 -5000
Board of Zoning Appeals
Mark Cheran, Zoning Administrator
Dear Mr. Cheran,
We, the residents of Windsor Hill Estates, hereby respectfully request that the Appeal of
Frederick County Zoning Ordinance Section 165 -20 (10) by LAX, Ltd. before the
Frederick County Board of Zoning Appeals regarding 115 Winterberry Court be denied.
We respectfully request that the Board uphold and affirm in its entirety the decision of
the Zoning Administrator in this matter.
Sincerely,
Diane Collis, President
Windsor Hill Estates Homeowners' Association
DC /djd
Windsor Hill Estates Homeowners' Association
112 Abbey Road
Winchester, Virginia 22602
Diane Collis, President
August 16, 2005
2.
8.
10.
11
12.
13.
14.
15.
Section 165 -29 (10) by LAX Ltd. before
PETITION
WE, the Residents of Oakdale Crossing and Windsor Hills,are interested residents
who, hereby respectfully, request that the Appeal of
regarding 115 Winterberry Court be DENIED.
WE respectfully request that the Board
of the Zoning Administrator in this matter.
NAME
4.
5. 7 6/
6 v ge
7.
CtiJ
e •r uk
Frederick County Zoning Ordinance
the Frederick County Board of Zoning Appeals
uphold and affirm in its entirety the decision
ADDRESS
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DEPT. OF GEOGRAPHIC INFO i IATION SYSTEMS
FREDERICK COUNTY, VIRGINIA
j
GIS, MAPPING, GRAPHICS
WORK REQUEST
DATE RECEIVED: 7 R /'.s
Va)
REQUESTING AGENT:
Department, Agency, or Company:
Mailing and/or Billing Address•
Telephone:
E -mail Address:
ESTIMATED COST OF PROJECT:
DESCRIPTION OF REQUEST: (Write additional info tion_on back_of request)___
/0 ee6/04 imieft -S
P. T. AI 9 5 -&S"
DIGITAL: PAPER
SIZES:
COLOR:
REQ UES 1 ED COMPLETION DATE:
STAFF MEMBER
COMPLETION DATE:
MATERIALS:
FAX:
FAX:
E -MAIL:
BLACK/WHITE: NUMBER OF COPIES:
HOURS REQUIRED
DATE OF PICK- UP/DELIVERY:
AMOUNT PAID:
AMOUNT DUE:
AMOUNT BILLED.
METHOD OF PAYMENT: CHECK NO.#
Frederick County GIS, 107 North Kent Street., Winchester, VA 22601, (540)665 -5651)
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