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HomeMy WebLinkAbout27-06 JRE Winchester LLC - Stonewall - Backfile• BOARD OF ZONING APPEALS Variance Request Tracking Sheet Date: /2 File opened Reference Manual updated/number assigned D-base updated jo o�iO� OneCB�&'oo location ma requested from GIS ► � 12'l(6 � m)5 6-4r -N Et %�d�D Two sets of labels requested from Data Processing File given to Renee' to update Application Action Summary MEETING DATE: 0� FINAL ACTION: CLOSE OUT FILE: 1 ( Approval (or denial) letter mailed to applicant/copy made for file d� File stamped "approved", "denied" or "withdrawn" 47oj Reference Manual updated J4�-e2 D-base updated f % File given to Renee' for final update to Application Action Summary �,..\Tmcking sheets\BZA Tracking.bu Revised 05/25/01 m 0 m Lo O N RECEIVEDFROM-.. ADDRESS ❑FOR RENT FOR AMT. OF ACCOUNT AMT. PAID AL CASH A I I )0 CHECK ORDER I BY NO. 9 3) 6 0 1-1 DATE I /'�'7/ L NO. 9360 DFOR UFOR RENT B"' , o AMT. OF CASH ACCOUNT ' AMT. PAID CHECK 0O BALANCE MONEY DUE ORDER BY—�. CO CK veopment Department of Planning and D540,665-5651 FAX: 540/ 665-6395 January 22, 2007 Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: APPEAL #27-06, JRE WINCHESTER, LLC Dear Evan: appeal application was approved by the Board This letter is to confirm that the above -referenced 2� 7 Yoour application appealed the decision of Zoning Appeals at their meeting on January n 2007. Board of the Zoning Administrator in the determination letter dated November � although interpreted ntterpret d Zoning Appeals felt that the determination by the Zoning Administrator, eal held merit in this case. strictly by the Frederick County Code, was correct; however, the wi llpallow JRE Winchester, LLC Therefore, the Board of Zoning Appeals ruled that this appeal to display vehi cles for rent/repair without screening and that the gravet have impervious surface area of the site which will be utilized for the display of equipment for sale or rent is not required landscaping. st Pike The pp properties are located at the end of Yardmaster Court, on the ewe it df Martinsburg 37,bearing Property (Route 11), approximately two miles north of Interstate Identification Numbers 44-A-75C, 44-A-75D and 44-A-75E, in the Stonewall Magisterial District. stions regarding this action, please feel free to call this office. If you have any que Sincerely, Mark . Cheran Zoning and Subdivision Administrator MRC/bad cc: JRE Winchester, LLC, 11047 Leadbetter Rd., Ashland, VA 2300 Jane Anderson, Real Estate John Trenary, Inspections 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Ca4od_ (►5� a-wo 0 FILE. C2, Pie COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: January 29, 2007 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: James River Equipment Winchester 11047 Leadbetter Road Ashland, VA 23005 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 i\ ►�d �e1f1 qa 3 T A X R E C E I P T Ticket #:00005600001 FREDERICK COUNTY I IDate : 12/27/2006 C. WILLIAM ORNDOFF, JR Register: LJT/LJ P.O. BOX 225 Trans. #: 16023 Dept # 1095 WINCHESTER VA 22604-0225 Acct# SIGN DEPOSITS PLANNING Previous Balance $ 50.00 Principal Being Paid $ 50.00 Penalty $ .00 Interest $ .00 PLANNING & DEVELOPMENT 12/27/06 Amount Paid $ 50.00 *Balance Due $ .00 Pd by PLANNING & DEVELOPMENT 12/27/06 Check 4033.73 # VARIOUS BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 12/2006 6 APPEAL APPLICATION #27-06 cO��� JRE WINCHESTER, LLC a Staff Report for the Board of Zoning Appeals w Prepared: January 4, 2007 x°n Staff Contact: Mark R. Cheran, Zoning Administrator I)3B 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 NUMBERN: 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) East: Zone B3 (Industrial Transition Business) South: Zone M1 (Light Industrial District) West: N/A Land Use: 84 Lumber Company & Undeveloped Land Use: Undeveloped Land Use: Residential 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 second 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 (11) (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 - 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 7-10-2002] 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 - zo - zoos f § 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 131 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; 4-23-20031 (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 § 165-36C, 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 Frederick County, VA Appeal APP#27-06 Application JRE WINCHESTER, LLC Parcel ID: 44-A•75C;44-A-75D Location in the C-ounty 44 - A - 75E Map Features Application fl Lakes/Ponds + Streams '�- Topography (F interval) Str0lts M41111 Primary Secondary �. Terciary Urban Development Area �SWSA ICI Location in Surrounding Arta P�GK CpG = 0 125 250 5 Feet ( © Case Planner: Mark Cheran AM IVA sOPMENT GROUP Frederick County, VA Appeal APP#27-06 Application Location in the Gounty Map Features 0 Application O Lakes/Ponds w Streams '�- Topography (5' interval) Streets 4VO Primary Secondary = Terciary Urban Development Area SWSA JRE WINCHESTER, LLC Parcel ID: 44 - A - 75C; 44 - A - 75D 44-A-75E Location in Surrounding Area Q��K cp 0 125 250 50Peet © Case Planner: Mark Cheran Frederick County, VA Appeal APP#27-06 Application JRE WINCHESTER, LLC Parcel ID: 44 - A - 75C; 44 - A - 75D Location in the Uunty 44 - A - 75E Map Features Q Application Zoning D Lakes/Ponds 4w B7 (Business, Neighborhood District) �— Streams 4► B2 (Business, General District) �- Topography (5' interval) B3 (Business, Industrial Transition District) Streets EM (Extractive Manufacturing District) 'U Primary HE (Higher Education District) Secondary 40 M1 (Industrial, Light District) �.. Terciary M2 (Industrial, General District) J. Urban Development Areal MH1 (Mobile Home Community District) SWSA 40 MS (Medical Support District) — R4 (Residential, Planned Community District) 40 R5 (Residential Recreational Community District) C> RAZ (Rural Area Zone) RP (Residential Performance District) Location in Surrounding Area CK CO 0 125 250 50�J - eet � A © Case Planner: Mark Cheran Y Frederick County, VA Appeal APP # 27 - 06 Application JRE WINCHESTER, LLC Parcel ID: 44 - A - 75C; 44 - A - 75D Location in the County 44 - A - 75E Map Features O Application Zoning SS Lakes/Ponds 1w B1 (Business, Neighborhood District) �— Streams s B2 (Business, General District) ti Topography (5' interval) B3 (Business, Industrial Transition District) Streets EM (Extractive Manufacturing District) Primary PrHE (Higher Education District) �. Secondary M1 (Industrial, Light District) ^. Terciary M2 (Industnal, General District) a: Urban Development Area MH1 (Mobile Home Community District) SWSA MS (Medical Support District) r R4 (Residential, Planned Community District) R5 (Residential Recreational Community District) O RAZ (Rural Area Zone) RP (Residential Performance District) Location in Surrounding Area p`CF CpG 7• 0 125 25G 50Peet ri © Case Planner: Mark Cheran MEN PON rPARANA Frederick County, VA Appeal APP#27-06 Application Location in the County Map Features JRE WINCHESTER, LLC Parcel ID: 44-A-75C; 44-A-75D 44-A-75E 0 Application Long Range Land Use b Lakes/Ponds Rural Community Center ^�- Streams Residential ti Topography (5' interval) Business Streets Industrial Primary Institutional �. Secondary Recreation '�. Terciary ® Historic Urban Development Area® Mixed -Use SWSA ® Planned Unit Development Location in Surrounding Aroa �K co 0 125 250 50peet © Case Planner: Mark Cheran M ft 2 2o(6 APPLICATION FOR APPEAL IN THE COUNTY OF FREDERICK, VIRGINIA -OFFICE USE ONLY - Appeal of Application # Submittal DateC9 Fee Paid .e ° initials: . C Submittal Deadline For the meeting of !`7 MUST BE TYPED OR FILLED OUT IN INK — PLEASE PRINT 1. The applicant is the Owner Other X (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: Greenway Engineering NAME: JRE Winchester, LLC ADDRESS: 151 Windy Hill Lane ADDRESS: 11047 Leadbetter Road Winchester, VA 22602 Ashland, VA 23005 TELEPHONE: (540) 662-4185 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. 4. Magisterial District: Stonewall Magisterial District 5. 14-Digit Property Identification No.: 44-((A))-75C; 44-((A))-75D & 44-((A))-75E 6. The existing zoning of the property is: B3, Industrial Transition District 7. The existing use of the property is: Unimproved — Proposed James River Equipment Sales and Rentals. a 10. Adjoining Property: USE North 84 Lumber Company Unimproved East Unimproved South Residential West Unimproved ZONING B3 B3 B3 M1 B3 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. 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. ft 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.) I►NO0510, 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# Address Property ID# Address Property ID# 4P ft AGREEMENT APPEAL # 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 tocomply 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 ► DATE SIGNATURE OF OWNER f DATE 2 (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF 1116167 ACTION: -DATE- APPEAL OVERRULLED APPEAL SUSTAINED SIGN BZA CHAI MAN DATE: Rev. 1/97 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 Engineering (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 ny (o_ha� and seal this0 day of , 200 (� Signature(s) State of Virginia, City/County ofWMLTo-wit: 66E, a Notary Public -in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who I (are) known to me, personally appeared before me and has acknowl ed_-the'sa ne b fore e in she jurisdiction aforesaid this a0 day of 1 L. , 200k—. i My Commission Expires: Not4 Pub is LEGEND Z W PARKING LOT AREA W z GRAVEL EQUIPMENT DISPLAY AREA . a a e �� j / Tu GRAVEL EQUIPMENT REPAIR STORAGE AREA u Z m gi a W ,eCo ^lu � a a RE AIt L A A MPAIR SWOP / \ \\� \� TH f EMIFhEN7 > \ � / q'1 ♦i6 DISPLAY AREA WASH BUILDING Z S / DISPLAY a I / // / \ \x\ AREA REPAIR STORAGE / {Y Z F J AREA / / / / - v� ' d A W Lu ul z f \ D1TC December 2000 � v SC� It 1' 100 v: DESIGNED BY: DF/WM FDJS NO. 3949J 8HM I OF 1 i� / LEGEND z W / PARKING LOT AREA F-1 W a \ / / / / j / / GRAVEL EQUIPMENT DISPLAY AREA mm gi. Lu s / �\ j / GRAVEL EQUIPMENT REPAIR STORAGE AREA N u Z s cc oFrcl RETAI� A A u \\ / REPAIR SHOP EQUIPMENT,41 AREA �ox.1. ,) r/ WASH BUILDMCs Z DISPLAY QUA ` S / * EQUIPMENT / / / AFEA W Z / \*\ f / \\\t / / 6 L A D a LLI E- \ \ /D11L` December 2000 SCAM B' V-100' v: \ ti DE WNED BY DFPXW FUZ NO. 3949J 9N66f 1 OF 1 James River Equipment is 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@greenwayeng.conn> 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. <>If you have any questions, please feel free to contact me. Candice Perkins Planner H 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 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 5401665-6395 HAND -DELIVERED November 28, 2006 Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 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) Dear Mr. Wyatt: 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 b the type of equipment (possible damage to the lot). MMNHT 101 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 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 niece 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 MRC/dlw FILE C011"I 9 VVindti Hill Lino 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 conunent. 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 SunTeyors Telephone 54.C1-6G_'- ,S5 i?P01'540-=-9528 File #3949.1/EAW t�wa.£; eer�riateng.r_ufn • FILE COPY Equipiaeni has identified the portion of the gravel yard that will be utilized for the otlidoor storage of equipment awaiting repair, which will be screened by, a si c-foot wooden fence as specified in § 165-33 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 Cormnent 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. Sincerely, , il �._ �Uol 0— Evan Wyatt, AICP Greenway Engineering Cc: Charles S. DeHaven, Jr., Stonewall District Supervisor Brad Maas, James River Equipment Pile #3949YEAW • • August 28, 2006 Mr. Dave Falkenstein Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 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: 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 § 165-33D 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 I may verify the information contained on the plan. I will need all approved review agency comment sheets and at least five copies of the final plan for final administrative approval. Comment sheets are required from the following agencies: the Frederick CounoJ 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. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000C' Mr. Mr. Dave Falkenstein a t Greenway Engineering • RE: Site Plan #48-06 August 28, 2006 Page 2 Sincerely, Candice E. Perkins Planner II 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. RREENWRY ENGINEERING 51 �V0lmHill Lni L'!iiha7r:,i._is'•,'iii iila 216t. . Rivalled hi October 9, 2006 Frederick County Planning Department Attn: Mark Cheran, Zoning Administrator 107 North Kent Street Winchester, VA 22601 0 FILE CONpw7 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 42 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- i155 IPAX 540-722-952S File #3949J/EAW wmzv.green5vayeng.com C. • FILE COPY Equipment has identified the portion of the gravel yard that will be utilized for the outdoor storage of equipment awaiting repair, which will l,-e screened by a si%-foot wooden fence as specified in § 165-33 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 94 — 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. Sincerely, �'Uoi "il - - Evan Wyatt, AICP Greenway Engineering Cc: Charles S. DeHaven, Jr., Stonewall District Supervisor Brad Maas, James River Equipment File #3949.1/EAW 2 N w S C DEPT. OF GEOGRAPHIC DiFORMATION SYSTEMS FREDERICK COUNTY, VIRGINIA GIS, MAPPING, GRAPHICS WORKREQUEST DATE RECEIVED:_Lv' REQUESTED COMPLETION DATE: // o! 7 REQUESTING AGENT: :1) Department, Agency, or Company: Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: FAX: DESCRIPTION OF REQUEST: (Write additional information on back of request) DIGITAL:PAPER AX: E-MAIL: SIZES: COLOR: BLACKIWHITE: N151,1BER OF COPIES: STAFF MEMBER COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: HOURS REQUIRED: AMOUNT PAID: CHECK NO.-4 Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) AN • Founded in 1971 GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 • TRANS MIT TAL Project Name: James River Equipment - BZA Appeal Application File No: 3949J Date December 22, 2006 To: FC Planning From: Evan Wyatt/ Attn: Mark Cheran GREENWAY ENGINEERING Phone: 540-662-4185 Copied Fax: 540-722-9528 2 2006 Delivery: ❑ Fed Ex ❑ U.S. Mail ® Courier ❑ Pick Up ❑ Other ❑ Urgent ® For Your Review ❑ As You Requested ® Please Comment Message: Hi Mark, Please find attached a complete Board of Zoning Appeals Appeal Application which includes the $300.00 application fee, Special Limited Power of Attorney document, November 28, 2006 Zoning Determination Letter, additional support letters and 22 color 11 x 17 Site Design Plan Exhibits. Please schedule this matter for the January 16, 2007 Board of Zoning Appeals agenda and contact me if you have any questions or if you need any additional information. Thank you, Evan Hand Delivery and Pick Ups Only: Received By: Date: • 0 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING January 3, 2007 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: APPEAL APPLICATION #27-06 OF JRE WINCHESTER, LLC On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, January 16, 2007, at 3:25 p.m., in the Board Room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This is a public hearing to consider the following application: Appeal Application #27-06 of JRE Winchester, LLC to appeal the decision of the 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 Section 165-27E of the Frederick County Zoning Ordinance. This property is 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, and is identified with Property Identification Numbers 44-A-75C, 44-A-75D and 44-A-75E in the Stonewall Magisterial District. Any interested parties may attend this hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, Mark R. Cheran Zoning and Subdivision Administrator MRC/dlw 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Y This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virgi 'a: JRE Winchester, LLC 11047 Leadbetter Road Ashland, VA 23005 Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 The Adams Development Group HC 34 Box 30 Bloomery, WV 26817 Mr. & Mrs. O.L. Payne P.O. Box 160 Stephenson, VA 22656 Hardy Management Company, LLC 1019 Route 519 Eighty Four, PA 15330 OW tj�'p -0,, f V L� _,Mark R. Cheran, Zoning & Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, d ereby4certihat rk R. Cheran, Zoning & Subdivision Administrator for the Departfne of Planning and Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my State'and County aforesaid. Given under my hand this day of o �O My commission expires on 12. i�n�1��� L 100 4► 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 bymail of this application: (Please list complete 14=4igit property identification number.) 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#q l-.,4, Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# J The Adams Development Group HC 34 Box 30 Bloomery, WV 26817 Mr. & Mrs. O.L. Payne P.O. Box 160 Stephenson, VA 22656 Eighty Four, PA 15330 i JRE Winchester, LLC 11047 Leadbetter Road Ashland, VA 23005 Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 The Adams Development Group HC 34 Box 30 Bloomery, WV 26817 Stephenson, VA 22656 Hardy Management Company, LLC 1019 Route 519 Eighty Four, PA 15330 James River Equipment — Board of Zoning Appeals Information January 16, 2007 Public Hearing Zoning Determination Appeal Matters Item #1: Vehicles for rent must be screened behind a 6-foot board -on -board fence or by evergreen trees. E Item #2: Portions of the gravel lot used for the storage'of vehicles for rent must have impervious landscaping as indicated in § 165-27E. Frederick County Zoning Ordinance — Design Standards and Definitions § 165-27 Off-street parking; parking lots Off-street parking shall be provided on every lot or parcel on which any use is established according to the requirements of this section. This section is intended to ensure that parking is provided on the lots to be developed and to ensure that excess parking in public street rights -of -way does not interfere with traffic. 165-27E(11) Landscaping. Parking lots 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: 165-27E(11)(a) Perimeter landscaping. The perimeter of all impervious areas shall be landscaped with shade trees and other landscaping. Frederick County Zoning Ordinance — Design Standards and Definitions (Continued) § 165-33 Outdoor storage and processing The outdoor storage or processing of products, equipment or raw materials is allowed in the business and industrial zoning 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. 165-33A 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. 165-33D 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 requirement. § 165-156 Definitions DISPLAY AREA — A specific area used for the purpose of displaying products and services offered by a business or organization located on the same property or a contiguous property which is appropriately zoned and with an approved site plan. PARKING LOT — An off-street, paved parking area containing parking spaces, aisles and other improvements. 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. 2 James River Equipment — Arbor Court View (Outdoor Equipment Display Area) Carlyle & Anderson — Berryville Pike Route 7 View (Outdoor Equipment Display Area) REIN MOLLAM Winchester Equipment Company — Indian Hollow Road View Winchester Equipment Company — Outdoor Equipment Display Area View Winchester Equipment Company — Outdoor Equipment Display Area View 5 Clarke Motors — Berryville Pike (Outdoor Vehicle Sales & Leasing Display Area) Penske Truck Rental & Leasing — Tyson Drive View (Outdoor Vehicle Display Area) Budget Truck Rental — Ryco Lane View (Outdoor Vehicle Display Area) U-Haul Truck Rental — Welltown Road View (Outdoor Vehicle Display Area) Winchester Regional Airport — Airport Road View Winchester Regional Airport — Airport Road View (Outdoor Rental Car Display Area) . C7 X / LEGEND Z W / / ElPARKING LOT AREA W z El GRAVEL EQUIPMENT DISPLAY AREA z N /// :1 9 a / gj� // g GRAVEL EQUIPMENT REPAIR STORAGE AREA NNU z s Co Lo / o RETAI� A REPAIR SHOP lie EQUIPMENT \ ��\ / DISPLAY / / % \ � AREA�ONeL 6. sole \ r/ WASH BUILDING / EQUIPMENT DISPLAY QUIPMENT / / AREA REPIR tJ STORAGE Q U AREA / / A W a0 \ / W z DATE December 200E SCE, B. 1' 100 V: DCHGNED BT: DTPXbl FRE NO. 3949J SHM I 0r I