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Home My WebLink About27-06 ApplicationAPPEAL APPLICATION #27 -06 JRE WINCHESTER, LLC Staff Report for the Board of Zoning Appeals Prepared: January 4, 2007 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: January 16, 2007 Pending LOCATION: At the end of Yardmaster Court on the west side of Martinsburg Pike (US Route 11), approximately two miles north of Interstate 81, Exit 317 MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER(S): 44- A -75C, 44- A -75D, 44 -A -75E PROPERTY ZONING USE: Zone: B3 (Industrial Transition Business) District Land Use: Undeveloped Proposed James River Equipment Sales and Rentals ADJOINING PROPERTY ZONING USE: North: Zone B3 (Industrial Transition Business) Land Use: 84 Lumber Company Undeveloped East: Zone B3 (Industrial Transition Business) Land Use: Undeveloped South: Zone MI (Light Industrial District) Land Use: Residential West: N/A Land Use: Interstate 81 APPEAL: To appeal a zoning determination of the Frederick County Zoning Administrator in accordance with Section 15.2 -2311 of the Code of Virginia; two decisions made in the November 28, 2006 Zoning Determination Letter (see attached letter). REASON FOR APPEAL: Applicant is appealing two decisions made in the November 28, 2006 Zoning Determination Letter. The first decision involves the determination that vehicles for rent must be screened behind a six foot board -on -board fence or by evergreen trees. The secorid decision Appeal Application #27 -06. JRE Winchester. LLC January 4, 2007 Page 2 involves the determination that the gravel area of the site that will be utilized for the display of equipment for sale or rent must have impervious surface landscaping as indicated in Section 165 -27E of the Frederick County Zoning Ordinance. STAFF COMMENTS: The applicant is appealing the decision of the Zoning Administrator in the administration of the Frederick County Zoning Ordinance with regards to Sections 165 -33 and 165- 27E of the Frederick County Zoning Ordinance. Section 165 -33A states that all outdoor storage must be screened by a fence, wall or by screening. Section 165-33D states that "the display of vehicles for sale by a vehicle dealer (or other products for sale that are normally displayed outdoors) shall be exempt from the screening requirements of §165- 33A. The Zoning Ordinance clearly designates that this ordinance pertains only to vehicles that are for sale. not to vehicles for rent or awaiting repair. The applicant in their appeal application states that James River Equipment should not be required to screen vehicles for rent or awaiting repair because other sites in the county have not been made to do so. Staff would note that all new sites that have been planned in the county that propose this type of use have been made to screen any vehicles awaiting repair or for rent as well as delineate any display areas for vehicles for sale (Alban Tractor. McClung Logan). While it is understood that some older sites within the county do not conform to current ordinance standards, any new sites are being made to conform. The ordinance clearly states that vehicles for sale at this site may be displayed but anything else, including vehicles for rent or awaiting repair are not exempt, must be screened properly. Therefore, vehicles or equipment for rent or waiting for repair must be screened behind a six foot board -on -board fence or by evergreen trees. Section 165 -27E (1 1) (a), states that the perimeter of all impervious areas shall be landscaped with shade trees and other landscaping. One tree shall be provided for every 2,000 square feet of impervious area for the first 100,000 square feet of the entire site. One tree shall be provided for every 5,000 square feet of impervious area over 100.000 square feet of the entire site. The County allows the area used for the storage of this type of vehicle /equipment to be gravel due to the weight of the equipment; landscaping requirements still apply to this parking lot. In the applicants' appeal application they state that due to the definition of impervious surface in the Zoning Ordinance and which items are not calculated towards the total. they are excluded from providing this landscaping. Section 165 -156 Definitions and word usage, define "impervious surface" as any area generally paved or graveled, with a surface that prevents or significantly reduces absorption of stormwater into the ground. When calculating impervious surface area for landscaping purposes, retention and detention basins, dry wells, sidewalks, display areas, dumpster pads, and structures shall be excluded. The areas used to display the vehicles that are for sale clearly do not count towards the impervious surface calculations. However, the entire gravel parking lot that will also contain vehicles for rent and vehicles awaiting repair are not display areas and are clearly not exempt from the landscaping Appeal Application #27 -06, JRE Winchester, LLC January 4. 2007 Page 3 requirements of §165 -27E (11) (a) and need to provide the required landscaping. It is also noted that this area is classified as a parking lot not a storage lot due to the type of vehicles being stored (mechanized equipment is defined as a vehicle in the Merriam's- Webster Dictionary). STAFF CONCLUSIONS FOR THE JANUARY 16, 2007 MEETING: Staff is requesting to affirm the decision of the Zoning Administrator in the administration of Section 165 -27 and 33 D of the Frederick County Zoning Ordinance regarding the requirements as they apply to the applicant's site plan. The requirements being placed on this site are requirements of the Frederick County Zoning Ordinance are the same requirements being placed upon all new developments within the county. 165 -32 ZONING 165 -33 E. Natural drainageways. In developments requiring site plan approval, natural drainageways shall be used whenever possible to carry stormwater runoff. F. Drainage easements. Whenever a development requiring site plan approval is traversed by a watercourse, drainageway, channel or stream, a drainage easement shall be provided. Such easement 'shall substantially follow the line of such drainageway and shall be of sufficient width to preserve the natural drainage. A deed of dedication shall be submitted to the Zoning Administrator for such drainage easements describing the manner in which drainage is to be protected. G. Sinkhole protection. Stormwater from developments shall not be discharged into sinkholes. Sinkholes capable of absorbing substantial amounts of stormwater shall be protected by diverting runoff from the sinkhole. 165 -33. Outdoor storage and processing. The outdoor storage or processing of products, equipment or raw materials is allowed in the business and industrial districts or in association with business uses allowed in any other zoning district only if the outdoor storage is directly associated with the primary uses of the property. A. In such cases, the outdoor storage or processing shall be completely screened from the view of road and street rights -of -way and from surrounding properties by a fence, wall or by screening. B. Such outdoor storage and processing shall not be permitted in any required front setback yard. C. The Zoning Administrator may require that the storage of hazardous materials or any materials which may contribute to contaminated runoff be fully enclosed. Where such materials are stored outdoors, they shall be contained within an impervious structure designed to contain spillage or contaminated runoff. D. The display of vehicles for sale by a vehicle dealer or nursery stock by a commercial nursery, along with other products for sale that are normally displayed outdoors, shall be exempt from the above requirements. 16553 6 10 -i 2003 165 -156 FREDERICK COUNTY CODE 165 -156 HOSPITAL An institution rendering medical, surgical or convalescent care, including nursing homes, homes for the aged and sanatoriums and treatment centers that serve patients at least partially on an inpatient basis. HUMANITARIAN AID ORGANIZATIONAL OFFICE A charitable organization established to provide relief assistance to an identified distressed, underprivileged group. Relief would be provided in such forms as clothing, medical supplies or educational contributions. The organization must provide a public beneficial interest to the community. [Added 1 -27 -1999] IMMEDIATE FAMILY Any person who is a natural or legally defined offspring, spouse, sibling, grandchild, grandparent, or parent of the property owner. [Added 7 2002] IMPACT ANALYSIS A written statement describing the potential impacts of an application or development plan or proposal, including maps, plans, diagrams and other materials, and meeting all requirements set forth by the Frederick County Department of Planning and Development. IMPERVIOUS AREA Any area, generally paved or graveled, with a surface that prevents, or significantly reduces; absorption of stormwater into the ground. When calculating impervious area for landscaping purposes, retention and detention basins, dry wells, sidewalks, display areas, dumpster pads, and structures shall be excluded. [Added 4 23 2003] INACTIVE DISTANCE BUFFER A distance buffer which contains no structures, buildings, roads, driveways, accessory uses or activities. INDUSTRIAL PARK A development within the B3 Industrial Transition, M1 Light Industrial or M2 Industrial General Zoning District, containing two or more uses within a single approved master development plan or site plan. INOPERABLE MOTOR VEHICLE Any motor vehicle which is not in operating condition, or any vehicle which has been partially or totally disassembled by the removal of tires and wheels, the engine or other essential parts required for operation of the vehicle or on which there are displayed neither valid license plates nor a valid inspection decal. [Amended 8 11 1993] 16698 10 20 2005 165 -27 FREDERICK COUNTY CODE 165 -27 (11) Landscaping. Parking lots in the RP Residential Performance District, the R4 Residential Planned Community District, the R5 Residential Recreational Community District, the MH1 Mobile Home Community District, the B1 Neighborhood Business District, the B2 Business General District, the B3 Industrial Transition District, the M1 Light Industrial District, the M2 Industrial General District and the MS Medical Support District shall be landscaped to reduce the visual impact of glare and headlights on adjoining properties and rights -of -way. Parking lots shall be adequately shaded to reduce reflected heat. Landscaping shall also be provided to reduce the visual expansiveness of parking lots. Landscaping shall be provided in such parking lots as follows: [Amended 9 -12 -2001; 4 -23 -2003] (a) Perimeter landscaping. The perimeter of all impervious areas shall be landscaped with shade trees and other landscaping. One tree shall be provided for every 2,000 square feet of impervious area for the first 100,000 square feet of the entire site. One tree shall be provided for every 5,000 square feet of impervious area over 100,000 square feet of the entire site. Self- service storage facilities shall provide one tree per 10,000 square feet of impervious area of the entire site, in addition to the trees required in 165 -44, Self- service storage facilities. The majority of these trees shall be located around parking lots. A three foot -high evergreen hedge, fence, berm, or wall shall be provided to prevent headlights from shining on public rights -of -way and adjoining properties. All perimeter landscaping shall comply with the requirements of 165 -360, Plant selection, planting procedure, and maintenance. (b) Interior landscaping. A minimum of 5% of the interior portions of parking lots shall be landscaped for the purpose of providing shade trees. Such interior landscaping shall be provided on raised islands and in continuous raised strips extending the length of a parking bay. Within the parking lot, raised islands and landscaped areas should be uses to delineate traffic and pedestrian circulation patterns. No less than one shade tree shall be provided in the interior of the parking lot for each 10 parking spaces. The Zoning Administrator may waive the requirement for interior 16538 6 -10 -2003 THE ADAMS DEVELOPMENT GROUP 44 A 75 26.37 ac. Frederick County, VA Location in the County Map Features co Application t5 Lakes/Ponds Streams Topography (5' interval) Streets Primary v Secondary on.. Terciary Urban Development Area �SWS.A nn 0 Location in Surrounding Area 125 250 Case Planner: Mark Cheran Appeal APP 27 06 Application JRE WINCHESTER, LL Parcel ID: 44- A- 75C;44 -A•75E 44 -A•75E "Li r TF Ll VV LV�rctLlVII Frederick County, In Location in the County Map Features an Application f5 Lakes/Ponds Streams Topography (5' interval) Streets Primary v Secondary Terciary er, Urban Development Area SWSA 111 I tai ait p4 ;w 1 Location in Surrounding Area 0 125 250 JRE WINCHESTER, LL Case Planner: Mark Cheran Appeal APP 27 06 Application Parcel ID: 44- A- 75C;44 -A -75C 44 A 75E 501 -eet HARDY MANAGEMENT COMPANY 44 A 758 10 ac. THE' ADAMS DEVELOPMENT GROUP 44 A 75 26.37 ac zoning Frederick County, in Location in the County Map Features Application Zoning IS Lakes /Ponds 81 (Business, Neighborhood District) Streams B2 (Business, General District) Topography (5' interval) B3 (Business, Industrial Transition District) Streets EM (Extractive Manufacturing District) 44/11, Primary HE (Higher Education District) Secondary M1 (Industrial, Light District) Terciary M2 (Industrial, General District) 4: Urban Development Area 0, MH1 (Mobile Home Community District) IND SWSA MS (Medical Support District) R4 (Residential, Planned Community Distric R5 (Residential Recreational Community Di! RAZ (Rural Area Zone) RP (Residential Performance District) 0 Location in Surrounding Area 125 250 Case Planner: Mark Cheran Appeal APP #27 -06 Application JRE WINCHESTER, LL Parcel ID: 44 A 75C; 44 A 75E 44 -A -75E 50 reet itTE PAYNE 44. 1 D ac. TtiE ADAMS DEVELOPMENT GROUP 44 A 75 26.37 ac. HARDY MANAGEMENT COMPANY 44 A 75B 10 ac. Frederick County, V4 Location in the County Map Features 0 Application Co Lakes /Ponds Streams Topography (5' interval) Streets Irikk. Primary v Secondary Tertiary s,, Urban Development Area• SWSA ®a 0 125 Zoning 250 Case Planner: Mark Cheran Appeal APP 27 06 Application JRE WINCHESTER, LL Parcel ID: 44- A- 75C;44 -A -75C 44 A 75E Bi (Business, Neighborhood District) B2 (Business, General District) B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) MI (Industrial, Light District) M2 (Industrial, General District) MH1 (Mobile Home Community District) MS (Medical Support District) R4 (Residential, Planned Community Distric R5 (Residential Recreational Community Di: RAZ (Rural Area Zone) RP (Residential Performance District) Location in Surrounding Area 50I-eet HARDYINANAGEMENT COMPANY 44 A 75B 4 to ac. S DEVELOPMENT GROUP 44_A 75 26:37. ac. Frederick County, V4 Location in the County Map Features an Application Long Range Land Use t• Lakes/Ponds Rural Community Center -r Streams Residential ti Topography (5' interval) Business Streets Industrial lb Primary Institutional v Secondary Recreation ti Terciary Historic Urlsa'r Development Area Mixed -Use SWSA Planned Unit Development 0 125 250 Appeal APP #27 -06 Application JRE WINCHESTER, LL Fw v ,arA 0,4041 w Sala Its �+J if W 4 Location in Surrounding Area Case Planner: Mark Cheran Parcel ID: 44- A -75C; 44 -A -75E 44 -A -75E 2. APPLICANT: 4. 5. 6. 7. NAME: Greenway Engineering ADDRESS: 151 Windy Hill Lane Winchester, VA 22602 TELEPHONE: (540) 662 -4185 APPLICATION FOR APPEAL IN THE COUNTY OF FREDERICK, VIRGINIA MUST BE TYPED OR FILLED OUT IN INK PLEASE PRINT 1. The applicant is the Owner Other X (Check one) OCCUPANT: (if different) NAME: JRE Winchester, LLC ADDRESS: 11047 Leadbetter Road Ashland, VA 23005 TELEPHONE: (804) 798 -6001 3. The property is located at (give exact directions and include State Route numbers): Located at the end of Yardmaster Court on the west side of Martinsburg Pike (US Route 11) approximately 2 miles north of Interstate 81 Exit 317. Magisterial District: Stonewall Magisterial District 14 -Digit Property Identification No.: 44- ((A)) -75C; 44- ((A)) -75D 44- ((A)) -75E The existing zoning of the property is: B3, Industrial Transition District The existing use of the property is: Unimproved Proposed James River Equipment Sales and Rentals. 8. Adjoining Property: USE ZONING North 84 Lumber Company B3 Unimproved B3 East Unimproved B3 South Residential M1 West Unimproved B3 9. Describe the decision being appealed. (Attach a copy of the written decision.) James River Equipment Company is appealing a zoning determination of the Frederick County Zoning Administrator in accordance with Section 15.2 -2311 of the Code of Virginia. Two decisions made in the November 28, 2006 Zoning Determination Letter prepared by the Frederick County Zoning Administrator are being appealed. The first decision involves the determination that vehicles for rent must be screened behind a six foot board on board fence or by evergreen trees. The second decision involves the determination that the gravel area of the site that will be utilized for the display of equipment for sale or rent must have impervious surface landscaping as indicated in 165 -27E of the Frederick County Zoning Ordinance. 10. Describe the basis of the appeal, indicating your reason(s) for disagreeing with the decision. (This may be provided on separate sheet.) Decision #1: Vehicle and equipment dealers exist throughout Frederick County that provide for both the sale and rental of their products. Examples of these businesses include James River Equipment, Winchester Equipment, Sunbelt Rentals, Grand Rental Station, U -Haul, Pensky, Enterprise, Hertz and multiple car dealerships that lease vehicles. To date, Frederick County has not required any of these businesses to screen the rental equipment or rental vehicles associated with these businesses, nor have any site plans approved by Frederick County required business owners to differentiate outdoor display areas for equipment or vehicles for sale versus equipment or vehicles for rent. Decision #2: The zoning determination letter describes the first sentence of the definition of Impervious Area from the Zoning Ordinance as the basis for requiring parking lot landscape requirements. However, the Frederick County Zoning Administrator did not provide the second sentence of the definition for Impervious Area which states "When calculating impervious area for landscaping purposes, retention and detention basins, dry wells, sidewalks, display areas, dumpster pads, and structures shall be excluded." Therefore, the Impervious Area definition clearly exempts outdoor display areas from landscaping requirements. 11. Additional comments, if any: James River Equipment began site plan design in April 2006 and has been attempting to obtain site plan approval to develop their new facility along Yardmaster Court. All review agencies that are required to review this site plan have provided approvals with the exception of the Planning Department. James River Equipment has been unable to move forward with this economic development proposal for 4 months as a result of this landscaping and screening issue. It is requested that the Board of Zoning Appeals overrule the determination of the Frederick County Zoning Administrator to allow this economic development proposal to move forward. The Adams Development Group Address HC 34 Box 30 Bloomery, WV 26817 Property ID# 44- ((A)) -75 O.L. Payne Ruth B. Payne Address PO Box 160 Stephenson, VA 22656 Property ID# Hardy Management Company, LLC Address 1019 Route 519 Eighty Four, PA 15330 Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# I 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 complete 14 -digit property identification number.) NAME 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 cert ify that all of the statements and information contained herein are, to the best of my knowledge, true. SIGNATURE OF APPLICANT SIGNATURE OF OWNER DATE 2 /e /d 6 (if other than applicant) BZA PUBLIC HEARING OF Rev. 1/97 OFFICE USE ONLY 6/ 7 ACTION: -DATE- APPEAL OVERRULLED APPEAL SUSTAINED AGREEMENT APPEAL 64 DATE: DATE Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540 -665 -6395 Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540- 665 -5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) JRE Winchester, LLC (Phone) (804) 358 -6776 (Address) 11047 Leadbetter Road, Ashland, VA 23005 the owner(s) of all those tracts or parcels of land "Property conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 060002887 on Page 0080, Instrument No. 060023111 on Page 0571 and is described as Parcel: 44 Lot: 75C Block: A Section: Subdivision: Parcel: 44 Lot: 75D Block: A Section: Subdivision: Parcel: 44 Lot: 75E Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineerins (Phone) (540) 662 -4185 (Address) 151 Windy Hill Lane, Winchester VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: Rezoning (Including proffers) Conditional Use Permits Master Development Plan (Preliminary and Final) Subdivision Site Plan Comprehensive Policy Plan Amendment BZA Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto se y seal this dd day of 0/ L 200 Signature(s) 0 o d and State of Virginia, City /County of To -wit: I,eiNr/it Gt@:,a'IVotaryl;Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the fdregoing instrument."an -who I (are) known to me, personally appeared before me and has acknowl:a ed_the sane be fore pie in the-jurisdiction aforesaid this o?O day of lam 200j Notary Pub .1, My Commission Expires: `gd