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Home My WebLink About09-06 ApplicationMAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER(S): 75 -A -2G ADJOINING PROPERTY ZONING USE: North: East: South: West: Zone B2 (General Business) Zone B2 (General Business) Zone B2 (General Business) Zone B2 (General Business) APPEAL APPLICATION #09 -06 VALLEY FARM CREDIT Staff Report for the Board of Zoning Appeals Prepared: May 1, 2006 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 request. It may also be useful to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: May 16, 2006 Pending LOCATION: Fronting Route 11, south of the interchange of Route 37 and Interstate 81, within the Kernstown Business Park PROPERTY ZONING USE: Zoning: B2 (General Business) District Land Use: Commercial Land Use: Vacant Land Use: Commercial Land Use: Vacant Land Use: Commercial APPEAL: To appeal the decision of the Zoning Administrator in the administration of the Frederick County Zoning Ordinance, Section 165- 30A(1), animated or flashing signs. REASON FOR APPEAL: Applicant is appealing the decision of the Zoning Administrator as to the use of LED (Light Emitting Diode) signage in Frederick County. Appeal Application #09 -06, Valley Farm Credit Mayl, 2006 Page 2 STAFF COMMENTS: The applicant is appealing the decision ofthe Zoning Administrator in the administration of the Frederick County Zoning Ordinance with regards to LED (Light Emitting Diode) signs and EMB (Electronic Message Board). The Frederick County Zoning Ordinance does not define this type of sign; Section 165 -4 ofthe Frederick County Zoning Ordinance authorizes the Zoning Administrator to make interpretations and applications of the zoning ordinance. Historically, Frederick County has not allowed this type of signage. Any change to the Frederick County Zoning Ordinance is a legislative action and not within the scope of the BZA Board. Furthermore, Section 165 -30 A(1) of the Frederick County Zoning Ordinance does not allow animated or flashing signs within Frederick County. Section 165 -156 of the Frederick County Zoning Ordinance defines animated and flashing signs. (See attachments). STAFF CONCLUSIONS FOR THE MAY 16, 2006 MEETING: Staff is requesting to affirm the decision of the Zoning Administrator in the administration of the Frederick County Zoning Ordinance, Section 165- 30A(1) and Section 165 -156, that LED and EMB signage is not penuitted in Frederick County. -75 A 2E WALLACE, JOHN A JR Map Features a H am tea. Read Centerenes 0 r, n mn gip PROSPERIT 75 A 2B/ ALIZARIN CRIMSON, LLC 0 B1 (Business, Neighborhood District) MS (Medical Support District) O B2 (Business, General District) R4 (Residential, Planned Community District) 83 (Business, Industrial Transition District) 85 (Residential Recreational Community DNtrict) EM (Extractive Manufacturing District) Q RA(Rural Areas District) HE (Higher Education District) O RP (Residential Performance District) 81 (Industrial, Light District) O M2 (Industrial, General District) RI H1 (Mobilo Home Community District) 75A 6B 41 VANCO, LLC 4 RDFIV 75A,6B41B SRB PROPERTIES, LLC 75, A 11C grung MILLER AUTO SALES, INC B2 APP #09 -06 Valley Farm Credit (75 -A -2G) D BD 100 Feet 200 T r T m 75 A 2P PROSPERITY 81, LLC 75 A,' 2_171 NEWLIN, CARLON'R= o rf �S V 75 A 2 PROSPERITY PROPERTIES, LLC 75 A 2B ALIZARIN CRIMSON, LLC 75 A 2G VALLEY FARM CREDIT, FLCA 75 A 21 CRIDER SHOCKEY, INC OF WV 75 A 2E WALLACE, JOHN A JR TRUSTEE 75 A 11C MILLER AUTO SALES, INC '`75A 6 VANCO, LLi� 75A 6B 41B SRB PROPERTIES, LLC Landuse Categories Rural Community Center Recreation Residential Historic Business Mixed-Use Industrial Institutional Planned Unit Development APP #09 -06 Valley Farm Credit (75 -A-2G) o too Feet 200 75 `.A. 2M' PROSPERITIY PROP,ERTIES,,LLC 1 x c c te 75 A 2E WALLACE, JOHN AnR TRUSTEE. 4 c 11C .$4114, Mill R AUTO SALES, INC gre.. ar Map Features ia Et..h^" usmc. Road Gamete.% s u. 41 PM. 0.61. B1 (Business. Neighborhood Distant) MS (Medical Support District) B2 (Business. General District) R4 (Residential, Planned Community (Aside() 03 (Business. Industrial Transgion District) RS (Residential Recreational Community District) EM (Extractive Manufacturing District) 0 RA (Rural Areas District) HE (Higher Education Distact) 0 RP (Residential Performance Distdct) M1 (Industrial, tight District) 0 MO (Industrial. General District) 15H1 (Mobile Horne Community District) APP 09 06 Valley Farm Credit (75-A-2G) 50 100 200 Feet 165 -29 FREDERICK COUNTY CODE 165 -30 (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. 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. 16546 12 -15 -99 165 -29 FREDERICK COUNTY CODE (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. 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. 16546 165 -30 12 -15 -99 Robert N. Carpenter, President /CEO Valley Farm Credit 125 Prosperity Drive Winchester, VA 22602 RE: Zoning Determination of Proposed Signage (Valley Farm Credit) Property Identification Number (PIN): 75 -A -10 Zoning District: 13-2 (Business General) Dear Mr. Carpenter: This letter is in response to your correspondence dated April 17, 2006, to the Zoning Administrator requesting a zoning determination on signage on the above referenced property. In the correspondence, you referenced the proposed sign for Valley Farm Credit will be of an LED (Light Emitting Diode) sign, with a changing message Section 165 -30 of the Frederick County Zoning Ordinance does not specify this type of sign, but prohibits the use of animated and flashing signs in Frederick County. This type of sign has the ability to be used as an animated or flashing sign. Furthermore, Section 165 -4 of the Frederick County Ordinance allows the Zoning Administrator to make interpretations of the applications of the Zoning Ordinance. Frederick County has traditionally not allowed the use of these types of signs. You may have the right to appeal this zoning 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 with Article XXI, Section 165 155A(1) of the Frederick County Zoning Ordinance. This provision requires the submission of an application form, written statement setting forth the decision being appealed, 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 $300.00 filing fee ($250.00 filing fee and $50.00 refundable sign deposit). Once the appeal application is accepted, it will be scheduled for public hearing and decision before the BZA. Contact me regarding any questions you may have at (540) 665 -5651. Sincerely, Mark R. Cheran Zoning Administrator MRC/bhd Department of Planning and Development 540/665 -5651 FAX: 540 /665 -6395 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 COUNTY of FREDERICK MUST BE TYPED OR FILLED OUT IN INK PLEASE PRINT 1. The applicant is the owner other (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: Val(e)3 Par CCed(k FLCA NAME: ADDRESS 1 Z5 Pr:osp e i k �r u., ADDRESS: L I fc ne.s44.r 01 224002. TELEPHONE: WS Z- 3473 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): rreut1 Ng a& l l S. YCnuk e. i t zoua a-F r n i s e of a ukt 3 Q-nal rin-ters�a. +e. Si The proptniii 1 S /ocSti +bnt Karks Wum n. (us vness Pa.sk r u; k� e n�, j -r ,n tros pe. f t r ✓e 4. Magisterial District: 1 Creek. 5. Property Identification No.: 7 A 1 APPLICATION FOR APPEAL IN THE COUNTY OF FREDERICK, VIRGINIA C R9A 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 N o 1'4 cea{ Pr p`"' o u heNS onrc GctQc-+Qc)- Address Property ID Address Property ID Address Property ID Address Property ID Address Property ID Address Property ID Address Property ID Address Property ID Address Property ID Address Property ID Address Property ID 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 N o 1'4 cea{ Pr p`"' o u heNS onrc GctQc-+Qc)- 11. Additional comments, if any: 6. The existing zoning of the property is: a- Z 7. The existing use of the property is: oC yes 8. Adjoining Property: USE ZONING North l/aca,,,. -E -a- Z East Au +o u tc Z South Vacs..,,.-& 6 Z West &As,.:ntrs G• S Z 9. Describe the decision being appealed. (Attach a copy of the written decision.) A Y2q tti�S� -t ymo a,x, a�, ts�,�c Sto cb anf +a I t tU_Ak∎S\a Eete pa,,.e s Cerea-- ro_Le_ a_ L O Me e_ YJU0.X'Gl See �xhl� A, 1, 2, �sr £us tsc €e e o l 10. Describe the basis of the appeal, indicating your reason(s) for disagreeing with the decision. (This may be provided on separate sheet.) Some- fr4 kw,em.-1 A I (we), the undersigned, do hereby respectfully petition the Frederick County Board o f 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 Ua ATE 4 124 loco d Peora& -ta- SIGNATURE OF OWNER (if other than applicant) e BZA PUBLIC HEARING OF o6 ACTION: DA E- APPEAL OVERRULED File 0: \Land Use Applications\Applicauon Fmms\APPEAL Rcviscd. 01/14/03 AGREEMENT APPEAL 09 -6 OFFICE USE ONLY- DATE APPEAL SUSTAINED SIGN ':,;a .nita BZA CH RMAN 5- ,(e /0 co DATE: Valley Farm Credit March 31, 2006 TO: FROM: RE: County of Frederick Inspections Departure Robert N. Carpenter President/CEO Request for Sign Modification The proposed sign will be constructed with the following criteria: Rural America's Customer -Owned Partner Ex t ta; A P.O. Box 2700, Winchester, VA 22604 Administrative Office 125 Prosperity Drive, Winchester, VA 22602 phone 540- 662 -3473 toll -free 800 999 -5341 Fax 540- 869 -6663 www.valleyfc.com An application is submitted to modify an existing sign at 125 Prosperity Drive, location in the Kernstown Business Park. The new sign will be of similar dimensions as the existing sign, however, it is our intent to illuminate the sign and we are requesting a variance to permit an electronic message board. Please refer to Exhibit 1 which is a rendition of the current sign erected in 2001. Exhibit 2 is the engineered base for the sign which has been in place since 2001. Exhibit 3 is the proposed sketch of the new sign which will be placed on the existing base. We are advised by the sign contractor (A Sign Place) that the new sign will adapt to the base we have installed. Size and wind sheer conditions are expected to be the same as the current sign since the new sign square footage will not exceed that of the existing sign. 1 144" high x 96" wide x 18 deep illuminated sign. Faces are white acrylic divided by H -bar retainers. Pole Mounted w/ skirt of 18" x 90 LED OPTION for second panel from top of sign... A split double face 7 x 64 matrix of red LED's supplied as two separate cabinets. 13" high x 5' 6" long x 6" deep per face Character Size 6" Lines of Text: 2 Message Capability: Time and Temperature, Short Messages with programmable time settings. Controller: Windows Controller Power: 120 volts, 3 amps per face Warranty: 5 year Computer Requirements: the programming computer must be a non networked computer running Windows 98 /ME /NT /2000 or XP. The purpose of the sign modification is to provide better visibility for our company and tenants. The illuminated sign will assist the public in locating our offices and tenants during darkness. Several of our tenants have regular office hours into the evening and winter months pose a significant problem for them in attracting the public to our site. The LED screen is intended as a method to issue messages periodically through the day. We anticipate messages may be changed a few times each day. It is important that we be able to communicate to the public and also to promote our tenants. We are aware there are several LED message boards within the city of Winchester and we are aware of three in the county the Sports Plex, the Red Cross and the Capon Valley Bank. It is important to a business such as ours, that we can post messages about our rates, our services and to offer similar services to our tenants. Other businesses that have these message centers have a distinct competitive advantage over our business if we are not able to offer similar current information. The LED message center will be placed in a location (second panel from the top) that will not interfere with passing motorists. The sign will not be directly in their line of vision. We expect the messages to last for much more than the five seconds addressed in the code and would likely only change them a few times a day. It is important, however, that we have the ability to change messages to promote our business and our tenants. Exhibit 4, a section from the County Code, seems to outline the necessary criteria of an electronic message board. It is our intent to comply with the spirit of this regulation. We respectfully request approval of the modification as proposed. „r =77 '911 1R :F7 CU8TOOIER M+I E'er APPROVEB BY: py Sipnc Inc l�liy�l;. 96” VALLEY FA CREDIT MONEY CONCEPTS PLEASE CHECK ALL SPELLING. OENERAL LAYOUT, COLORS, DIMENSIONS B LOITER STYLES FOR ACCURACY. FG N 540 662 °1177 88MSMNeo. OPNEVJTY 8 MS WORK NPI,W TY6 PN,NCNTV OP VALLEY 8I W. INC. u,tStt fR,iYWYP ama Wfn 1177 P. ykk i b Z viRT\ CP I I ,)1x1 1 SCALE 3 OAT! U5 /28 /U1 15:Y8 FAA 154Ut578J ?AIMEE LEW IS 115 A pJU5 VALLEY FARM CREDIT 125 PROSPERITY DRIVE WINCHESTER, VA 22602 (6) #5 "L" -TYPE RE -BARS (TYP•) 3' 6" 2' 1 STIRRUPS 8" O.C.L (Typ.) PROPOSED SIGN (BY OTHERS) (6) #5 "L" -TYPE RE -BARS (TYP #3 1 STIRRUPS—N 8" O.C. (TYP 3'— 4" FIN SH GRADE 3 3" 6° 2' 6" CONC. FOOTING 10' BRICK VENEER r HEIGHT OF COLUMNS TO BE DETERMINED BY SIGN CONTRACTOR l' CMU WALL PROJECT: PROPOSED SIGN 6 16 "x16" CONC. PEDESTAL (Typ.) TS6 x6 "x3/16" TUBULAR STEEL COLUMN (Typ.) 14"x14 "x1" BASE PLATE (4) 3/4 "0 J ANCHOR BOLTS (TYP•) 1 /2" CAP PL. WELDED TO COLUMN (Typ.) TS6"x6"x3/1 6" TUBULAR STEEL COLUMN (Typ.) (4) 3/4 "0 ANCHOR BOLTS (TYP.) 1 4"x1 4"x1" BASE PLATE 1 6"x1 6" CONC. PEDESTAL (Typ.) 3" 3" PROPOSED SIGN: FOUNDATION DETAIL PAINTER LEWIS, P.L.C. Consulting Engineers 302 S. BRADDOCK STREET, SUITE 200 WINCHESTER, VA 22601 (540) 662 -5792 DATE: 05 -25 -01 SCALE 1 /2 =1' PLATE: Sign P —L. PLC Prefect No.: 590300B J G .0 1 ul 6 4 -M 10 0 "x3' -6 "x16" CONCRETE FOOTING with #5 RE -BARS B" O.C., E.W. 3 1n' U5 /28 /U1 15:Y8 FAA 154Ut578J ?AIMEE LEW IS 115 A pJU5 VALLEY FARM CREDIT 125 PROSPERITY DRIVE WINCHESTER, VA 22602 (6) #5 "L" -TYPE RE -BARS (TYP•) 3' 6" 2' 1 STIRRUPS 8" O.C.L (Typ.) PROPOSED SIGN (BY OTHERS) (6) #5 "L" -TYPE RE -BARS (TYP #3 1 STIRRUPS—N 8" O.C. (TYP 3'— 4" FIN SH GRADE 3 3" 6° 2' 6" CONC. FOOTING 10' BRICK VENEER r HEIGHT OF COLUMNS TO BE DETERMINED BY SIGN CONTRACTOR l' CMU WALL PROJECT: PROPOSED SIGN 6 16 "x16" CONC. PEDESTAL (Typ.) TS6 x6 "x3/16" TUBULAR STEEL COLUMN (Typ.) 14"x14 "x1" BASE PLATE (4) 3/4 "0 J ANCHOR BOLTS (TYP•) 1 /2" CAP PL. WELDED TO COLUMN (Typ.) TS6"x6"x3/1 6" TUBULAR STEEL COLUMN (Typ.) (4) 3/4 "0 ANCHOR BOLTS (TYP.) 1 4"x1 4"x1" BASE PLATE 1 6"x1 6" CONC. PEDESTAL (Typ.) 3" 3" PROPOSED SIGN: FOUNDATION DETAIL PAINTER LEWIS, P.L.C. Consulting Engineers 302 S. BRADDOCK STREET, SUITE 200 WINCHESTER, VA 22601 (540) 662 -5792 DATE: 05 -25 -01 SCALE 1 /2 =1' PLATE: Sign P —L. PLC Prefect No.: 590300B Home Finance Division of Valley Farm Credit (540) 667 -0000 �E17 1-0 toe. v■Ae7uset -10 secb,not sI1e4 fife p IBS CD uM� re� �o,r.�e 4 t it Valley Farm Credit April 24, 2006 Board of Zoning Appeals County of Frederick 107 North Kent Street Winchester, VA 22601 Members of the Board of Zoning Appeals: Rural America's Customer -Owned Partner P.O. Box 2700. Winchester, VA 22604 Administrative Office 125 Prosperity Drive, Winchester. VA 22602 phone 540- 662 -3473 toll -free 800 -999 -5341 fax 540- 869 -6663 www.valloyfc.com Recently a request was submitted to the Zoning Administrator for a modification to an existing sign on the property of Valley Farm Credit at 125 Prosperity Drive. The request was to permit the use of a LED (Light Emitting Diode) sign in conjunction with our plan to upgrade our sign to an illuminated sign for better visibility. The request to incorporate the LED sign was denied by the Zoning Administrator based on a County Ordinance that does not allow animated or flashing signs. I respectfully request the BZA to hear our case and to rule in favor of permitting us the use of an appropriate LED sign. As background, Valley Farm Credit is completing an expansion of our facility at 125 Prosperity Drive from a 16,000 square foot office structure to a 26,000 square foot office complex that will house several divisions of Valley Farm Credit and three prominent tenants. The request to improve our current signage to illuminated signs is to provide better visibility after dusk when some of our tenants are still utilizing the building and for general promotion of our organization and our tenants. Photo representations of our existing structures are contained in Attachment A -1. The matter of the LED has become an issue of providing current information for the general public about our services and those of our tenants. The use of LED's has increased in recent years with several commercial businesses operating similar signage in the City of Winchester. Current signs also exist in the County at two prominent locations. It is imperative the BZA understand the difference between our application and those signs that exist in other situations. First and foremost, it is the intent of Valley Farm Credit to utilize this sign in a prudent and appropriate manner. Our goal is to allow static messages to be posted with changes occurring every few minutes. We do not envision using flashing symbols, scrolling or animation. A few local signs use animated sequences to change the message as is the case with the Best Western sign Sincerely, Robert N. Carpenter President/CEO 9 (pictured in Attachment A 2) and the Sports Plex sign along I 81. Other signs such as the CVS Pharmacy and the American Red Cross (pictured in A 2) use static messages that change over a period of time, but without the use of flashing symbols or animation. It is the latter example that our organization wishes to use as its model for communicating information to the public. A second consideration is the placement of the LED. It is intended the LED will be placed near the top of the sign (in the second row position from the top as depicted in the original application). This is an important issue because this position (more like the CVS sign) places the message well above the normal line of sight of passing motorists. Our belief is this will minimize the risk to drivers that the County Ordinance considers as a potential harmful effect from LEDs. Lastly, the matter of business competition will become more evident as the City of Winchester allows further signage to be adopted. The very recent addition of the Best Western sign indicates more businesses will have this mode of communication with the public. It is conceivable that our competition (local banks and mortgage companies) will also soon be using these signs within the city. The public does not recognize the county /city boundary in its determination of where it conducts its business. If the County continues to deny reasonable requests for electronic signage, then a distinct competitive disadvantage is cast upon any business established in the County. It is our intent to construct a sign that is in good taste and does not interfere with the spirit of the intentions of the County to protect the driving public. It is also our intent to remain a good corporate citizen of the County, but it is important that we have some of the same opportunities afforded to other local businesses in the city. I once again respectfully request the BZA to reconsider the decision of the Zoning Administrator and permit our application to proceed in full. n e AMU rd�i 110" 1, Allohnit A�1 American Red Cross 11+141Ameeet AEE MOTOR INN MEL, American Red Cross