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HomeMy WebLinkAbout27-06 CommentsJanuary 22, 2007 Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: APPEAL #27 -06, JRE WINCHESTER, LLC Dear Evan: This letter is to confirm that the above referenced appeal application was approved by the Board of Zoning Appeals at their meeting on January 16, 2007. Your application appealed the decision Zoning the ZoAnppeals felt l that t the determinationaby the letter Administrator, 2007. although interpreted ntterpreted Z pp strictly by the Frederick County Code, was correct; however, the appeal held merit in this case. Therefore, the Board of Zoning Appeals ruled that this appeal will allow JRE Winchester, LLC b utilized forrthesdisplay of equiprn n for sale orgrentas that ot required to have impervious e surface be utilized (Roue p 11) apr roximat at t wo end miles north Yardmaster of Interstate t west 81,Ex t side of Martinsburg Idea 11), PP Identification Numbers 44- A -75C, 44 -A -75D and 44- A -75E, in the Stonewall Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, Mark R. Cheran Zoning and Subdivision Administrator MRC/bad cc: 3RE Winchester, LLC, 11047 Leadbetter Rd., Ashland, VA 23005 Jane Anderson, Real Estate John Trenary, Inspections Department of Planning and Develoopme 51 FAX: 540/665-63 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 TO: FROM: SUBJECT: DATE: Finance Department Pam Deeter, Office Assistant II Return Of Sign Deposit January 29, 2007 FIE E COPY MEMORANDUM COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/665-6395 The amount of $50.00 was deposited in line item #3-010-019110-0008 for the company named below had a deposit for one sign for an Appeal #27 -06 for James River Equipment. The company has returned the sign and is therefore entitled to the return of the deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $50.00 to: Calla 1:5 -1-wo d-rt Wa s tol a. k.)'t4 u l -fo t to 4 James River Equipment Winchester 11047 Leadbetter Road Ashland, VA 23005 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 Pie rpr- yd r �a a TAW A•�'a+smTy. 1Y✓'C 6 y g /s9 �eC A le et 6P S w ✓k- mr✓. J� ro`--0. S t -c.: ^�..•w`'. s HOW ry t sAll C l_e nyv ii' CASH d ABU, k� 9 d ot v_ A.. T A X R E C E I P T m p3s FREDERICK COUNTY C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604 -0225 SIGN DEPOSITS PLANNING PLANNING DEVELOPMENT 12/27/06 Previous Balance Principal Being Paid Penalty Interest Amount Paid *Balance Due Ticket #:00005600001 Date 12/27/2006 Register: LJT /LJ Trans. 16023 Dept 1095 Acct# Pd BALANCE PLANNING Check VARIOUS 12 /2006 50.00 50.00 .00 .00 50.00 .00 W N REQUESTING AGENT: DESCRIPTION OF REQUEST. Map Ns:. 4-w ft s DIGITAL: PAPER: SIZES: DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGINIA STAFF MEMBER: COMPLETION DATE: MATERIALS: GIS, MAPPING, GRAPHICS WORK REQUEST DATE RECEIVED: c27/6� REQUESTED COMPLETION DATE: /0/ Li-Q cOczioLs Department, Agency, or Company: Mailing and/or Billing Address- Telephone: FAX: E -mail Address: ESTIMATED COST OF PROJECT: (Write additionP1 information on back of request) API L a-7-GG LC.. piNS: L R IL/ /-A-15D I�t l_7c5 FAX: E -MAIL: COLOR:. BLACK/WHITE: NUMBER OF COPIES: HOURS REQUIRED DATE OF PICK -UP /DELIVERY: AMOUNT DUE: AMOUNT PAID: AMOUNT BILLED: METHOD OF PAYMENT: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665 -5651) James River Equipment Subject: James River Equipment From: Candice Perkins <cperkins @co.frederick.va.us> Date: Thu, 07 Sep 2006 13:46:46 -0400 To: Dave Falkenstein <dfalkenstein a greenwayeng.com> BCC: Eric Lawrence <elawrenc @co.frederick.va.us Mark Cheran <mcheran @co.frederick.va.us> <>Dave, Regarding our meeting about the James River Equipment Site, there are two ordinance allowed options for the area where the equipment will be parked. 1. The equipment being stored on the site falls under the definition of a vehicle and is subject to the requirements of section 165 -27 of the Frederick County Zoning Ordinance. Therefore each piece of equipment must be stored within a parking space. The surface of the lot must be paved and landscaped accordingly per the Zoning Ordinance. Option 1 for the site involves paving the lot, providing parking spaces and landscaping the lot per the ordinance. 2. Recognizing the type of equipment that this site will deal in, we can work with you regarding the material that will be used in the lot (gravel v. pavement) so that the equipment will not destroy the pavement. This site is still required to provide parking lot landscaping per section 165 -27 of the Zoning Ordinance. Option 2 involves utilizing a gravel parking lot and providing the required landscaping. olf you have any questions, please feel free to contact me. Candice Perkins Planner 11 Frederick County Department of Planning Development 107 North Kent Street Winchester, Virginia 22601 (540) 665 -5651 1 of 1 9/22/2006 8:22 AM HAND DELIVERED November 28, 2006 Evan Wyatt, AICP Greenway Engineering 151 Windv Hill Lane Winchester, VA 22602 Dear Mr. Wyatt: COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540 /665 -6395 RE: Zoning Determination James River Equipment Property Identification Number (s) (PIN): 44- A -75C, 44 -A -75D and 44 -A -75E Zoning District: B -3 (Industrial Transition) This letter is in response to your correspondence dated October 9, 2006, to the Zoning Administrator requesting a zoning determination on the comments from staff regarding Site Plan 48 -06, which has been submitted for the above referenced properties. Specifically, a zoning determination in regards to comment #3 and #4 of the Site Development Plan Comment Letter for this project; and comment #1 of an e -mail dated September 7, 2006. Site Development Plan Letter Comment #3- Section 165 -33D allows for vehicles for sale by a vehicle dealer to be exempt from the screening requirements of this section. Therefore, vehicles for rent or waiting for repair must be screened behind a 6' board on board fence or by evergreen trees. Site Development Plan Letter Comment #4 and e -mail comment #1 dated September 7, 2006, Section 165 -27E (11) (a), 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. Impervious Surface as defined in Section 165 -156 (Definitions) Any area, generally paved or graveled that prevents, or significantly reduces absorption of storm water into the ground. Therefore, portions of the gravel lot used for the storage of vehicles for rent or waiting repair must have impervious surface landscaping as indicated in §165-27E. The storage lot for the vehicles for sale, rent or waiting repair does not have to be paved. This lot can be _ravel due to the type of equipment (possible damage to the lot). 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 f J l!J NOV 2 8 7006 ay `�"LJ 1C W 1 Page 2 Evan Wyatt, AICP Re: Zoning Determination James River Equipment November 28, 2006 Section 165 -156 (Definitions) any word, term or phrase used in the Zoning Ordinance not defined in the definitions shall have the meaning ascribed in the most recent edition of the Merriam Webster's Dictionary. The Merriam Webster's Dictionary the definition of a vehicle is a piece of mechanized equipment, as related to this zoning determination. As noted in the review comment letter and e -mail from staff regarding this project, all of above comments will need to be addressed and implemented for approval of this site plan. 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 a $50.00 refundable sign deposit). Once the appeal application is accepted, it will be scheduled for public hearing and decision before the BZA. Please do not hesitate to contact me regarding any questions you may have at (540) 665 -5651. Sincerely, Mark R. Cheran Zoning Administrator MRCidlw Forsi loi it; 1971 GMENVEri ef f! €fir.: "NG S•1 `i:iin9 l Lsoe October 9, 2006 Frederick County Planning Department Attn: Mark Cheran, Zoning Administrator 107 North Kent Street Winchester, VA 22601 RE: Zoning Determination Letter Request James River Equipment Property Dear Mark: The purpose of this letter is to request an official letter of zoning determination for the James River Equipment commercial property identified as tax map parcels 44- ((A)) -75C, 44- ((A)) -75D and 44- ((A)) -E in the Stonewall Magisterial District. A Site Development Plan has been prepared for these tax map parcels and submitted to your department for review and comment. The Site Development Plan provides for the development of a gravel yard beginning at the location in which an eight -foot high chain link fence is proposed to be installed to the south of the proposed commercial entrance and parking lot area. The purpose of this gravel yard area is for the outdoor storage and display of equipment for sale and rent and for the outdoor storage of equipment awaiting repair. Greenway Engineering received a Site Development Plan comment letter from your department dated August 28, 2006 pertaining to the James River Equipment property. Comment #3 Gravel Yard states that the gravel area will be used for storage that will require screening and for heavy equipment for rent and equipment awaiting service that will require screening. Comment #4 Landscaping states that gravel areas count toward impervious surface calculations and will require landscaping. Additionally, Greenway Engineering received e -mail correspondence from your department dated September 7, 2006 pertaining to the James River Equipment property. Comment #1 states that the equipment being stored on site falls under the definition of a vehicle and that each piece of equipment must be stored within a parking space that is paved and landscaped. Comment #2 states that your department can work with the property owner on the material type and that landscaping is still required. It should be noted that 165 -156 of the Frederick County Zoning Ordinance does not provide a definition for vehicles. James River Equipment, like other commercial equipment dealers such as Winchester Equipment, is in the business of sales and rental of heavy equipment and offers repair service of this equipment. Existing commercial equipment dealers within Frederick County utilize outdoor storage and display of equipment for sale and rent within areas of their site that are neither paved parking spaces or are landscaped. James River Engineers Surveyors Telephone 540-662.-4185 8):540 -7 File #39491IEAW ,vww.grxuwayeng.rom FILE CC. Sincerely, File d3949J /EAW i FILE COPY Equipment has identified the portion of the gravel yard that will be utilized for i:he outdoor storage of equipment awaiting repair, which will be screened by a si -foot wooden fence as specified in 165 of the Frederick County Zoning Ordinance. The remaining portion of the gravel yard will be utilized for outdoor storage and display of equipment for sale or rent. It is requested that a zoning determination is provided to reflect the comments from your department pertaining to the James River Equipment Site Development Plan. Specifically, a zoning determination is requested as to the allowance of commercial equipment for rent being exempt for screening under the provisions of 165 -33D of the Frederick County Zoning Ordinance (Comment #3 August 28, 2006 Letter). A zoning determination is requested as to the gravel yard area not counting towards the impervious surface landscaping calculation based on the Frederick County Zoning Ordinance definition of 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. (Comment #4 August 28, 2006 Letter). A zoning determination is requested as to the outdoor storage of commercial equipment for sale or rent not to be required to provide a paved parking space with landscaping for each piece of equipment (Comment #1 September 7, 2006 E- mail), similar to other existing commercial equipment dealers such as Winchester Equipment. Please find attached the required application fee for the requested Zoning Determination Letter, as well as copies of the August 28, 2006 Site Development Plan Comment Letter and the September 7, 2006 E -mail Correspondence from your department. Please review this information and advise me if you need anything else at this time and I will forward it to you immediately. I look forward to your response at your earliest possible convenience. Evan Wyatt, AICP nr Greenway Engineering Cc: Charles S. DeHaven, Jr., Stonewall District Supervisor Brad Maas, James River Equipment 1 August 28, 2006 Mr. Dave Falkenstein Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 Re: Second Review Comments for SP# 48 -06; James River Equipment Property Identification Numbers (PINS): 44- A -75D, 75E, 75C Dear Dave: Planning Staff has reviewed the above referenced site plan to determine if administrative approval can be granted. At this time, administrative approval cannot be granted. This site plan is denied until the issues in this letter, as well as all issues of the other review agencies, have been adequately addressed. Please review Staffs comments listed below and then prepare a revised site plan which adequately addresses each concern. Review Comments: COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/665 -6395 1) Lot Consolidation. The James River Equipment use will be conducted on all three parcels and, therefore, the three parcels are required to be consolidated before this department will approve the site plan. 2) Proposed Use. The uses for the three parcels need to state the same use, "heavy equipment sales and service 3) Gravel Yard. The gravel yard is shown as being surrounded by a chain link fence. This gravel yard will be used for storage and needs to be screened by a board -on- board fence or by a row of staggered evergreen trees. While I 65-33D exempts products for sale that are normally displayed outdoors, this gravel area will also contain heavy equipment for rent as well as equipment awaiting service and, therefore, needs to be screened. 4) Landscaping. Gravel areas count toward you impervious surface calculations; sheet 10 needs to account for these trees. 5) Special Limited Power of Attorney Form. Please have the property owner sign the attached Special Limited Power of Attorney Form prior to further review or approval. This form should be notarized and completed to grant the applicant (you) with authorization to represent them for this site plan. After you have revised the site plan, please resubmit one copy so that 1 may verify the information contained on the plan. I will need all approved review agency comment sheets and at least five copies of the anal plan for final administrative approval. Comment sheets are required from the following agencies: the Frederick County Inspections Department. the Frederick County Department of Public Works (County Engineer), the Frederick County Fire Marshal, the Frederick County Sanitation Authority, and the Virginia Department of Transportation. gs e l ve d 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 3 Mr. Mr. Dave Falkenstein Greenway Engineering RE: Site Plan #48 -06 August 28, 2006 Page 2 Sincerely, a zaz,L 2,46, Candice E. Perkins Planner 11 cc: James River Equipment, P.O. Box 9414, Richmond VA 23228 CEP /bad Attachments 165 -82.0 B3 Industrial Transition District ...some of the uses in this district will require large areas of land and may have outdoor storage and display. 165 -156 Impervious Areas ...when calculating impervious area for landscaping purposes, retention and detention basins, dry wells, sidewalks, display areas, dumpster pads, and structures shall be excluded. The planner stated, "The equipment being stored on this site falls under the definition of a vehicle and is subject to the requirements of section 165 -27." Fact- The Frederick County Zoning Ordinance does not define "vehicle." 165 -33 Outdoor Storage and processing A. In such cases, the outdoor storage or processing shall be completely screened from the view of the road and street rights -of -way and from surrounding properties by a fence, wall or by screening. 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.