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HomeMy WebLinkAbout03-11 Orange Partners - Back Creek - BackfileBOARD OF ZONING APPEALS . Variance Request Tracking Sheet OPEN FILE: File opened Reference Manual updated/number assigned �0 3 I D-base updated A Location maps requested from Mapping L Adjoiner list given to Planner Application -Action Summary updated MEETING DATE: ( I CLOSE FILE R� FINAL ACTION: rr Approval (or denial) letter mailed to applicant/copy made for file & cc's File stamped "approved", "denied" or "withdrawn" Reference Manual updated D-base updated -- Application Action Summary updated Sys ID # 9,3 -15 Rj�4- tm <4(0� M No. 200047 DATE.?q�r O C � RECEIVED FROM r N ADD ESS� C � O (v 110 Q N FOR RENT O FOR Q OF O V 1 U y AMT. ACCOUNT U bA u N AMT. PAID •_ yy �, N H U ` BALANCE DUE O kr) t a. CASH I CHECK MONEY t z^'�T—;4'.Yu �� _ `--'.. F ew ".cam•-'?'L__��.. Y T(ifTwof FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 June 23, 2011 Orange Partners 500 Pegasus Ct. Winchester, VA 22602 RE: VARIANCE REQUEST #03-11 Dear Sir or Madam: This letter is to confirm that the above -referenced variance application was approved by the Board of Zoning Appeals at their meeting on June 21, 2011. The request on parcel identified by Property Identification Number 75-5-10 was approved by the BZA to allow a four and one half foot variance, resulting in a setback of five and one half feet, for an interstate sign as required by Section § 165-704.05 D (1). Included within the motion to approve is a stipulation that this incursion into the zoning buffer will be at the applicant's risk and liability should any problems arise from the future excavation on the interstate right-of-way. The property is located on the southwestern quadrant interchange for Route 37 and Route 1 I in Kernstown, in the Back Creek Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, Zark R. Cheran Zoning Administrator MRC/bad cc: Gary A. Lofton, Board of Supervisors, Back Creek District Greg Unger and Kevin Crosen, Back Creek Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue John Trenary, Inspections 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 0 FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: Finance Department FROM: Pam Deeter SUBJECT: Return Of Sign Deposit DATE: June 24, 2011 The amount of $50.00 was deposited in line item 43-010-019110-0008 for Orange Partner. Mr. Lellock had a deposit for one sign for a Variance #03-11for Orange Partner. He 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: RSA/pd l Lellock Consulting PC 2350 Fifth Street Middletown, VA 22645 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 41 Referer*Manual updated/number assign I D-base updated Location maps requested from Mapping 6A111 Adjoiner list given to Planner Application -Action Summary updated MEETING DATE: �,a I //I FINAL ACTION: � r _ CLOSE FILE: Approval (or denial) letter mailed to applicant/copy made for file & cc's /,-�!K-hj File stamped "approved", "denied" or "withdrawn" Reference Manual updated D-base updated 3 l Application Action Summary updated Sys ID # •� 0 y m � N m _ � � N o O Ca_O�N UCQ � i!1 o >~_o wa�3It kn RECEIVED FROM ❑ FOR RENT FOR AMT. PAID L� .► i�� � �'� � � ail • - 1 Ticket #:00006540001 T A X R E C E I P T Date 6/07/2011 ,E DERICK COUNTY Register: JKH/JKHB WILLIAM ORNDOFF, JR Trans. #: 17273 P.O. BOX 225 Dept # 1095 Acct# WINCHESTER VA 22604-0225 Previous SIGN DEPOSITS PLANNING Balance $ 100.00 100.00 Principal Being Paid $ .00 Penalty $ •00 Interest $ a PLANNING Amount Paid $ 100.00 *Balance Due $ .00 Check 1950.00 # VARIOUS [ Pd by PLANNING BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 6/2011 t; • 0 VARIANCE APPLICATION #03-11 ORANGE PARTNERS Staff Report for the Board of Zoning Appeals Prepared: June 6, 2011 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: June 21, 2011 - Pending LOCATION: On the southwestern quadrant interchange for Route 37 and Route 11 in Kernstown MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 75-5-10 PROPERTY ZONING & USE: Zoned: B-2 (Business General) Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: B-2 (Business General) South: B-2 (Business General) East: Interstate 81 West: B-2 (Business General) Use: Commercial Use: Vacant Use: Interstate Highway Use: Commercial VARIANCE REQUESTED: The applicant is requesting a four and one half foot variance of the ten foot setback for an interstate sign as required by Section 165-704.05 D (1). REASON FOR VARIANCE: Proposed sign cannot meet setback requirements due to existing utilities and Interstate 81 right-of-way for future improvements. Variance Application #03-11 — Orange Partners June 6, 2011 Page 2 STAFF COMMENTS: Frederick County adopted the Interstate Area Overlay District (IA) in 1995. The IA District identifies qualifying uses to be allowed on the sign, height of the sign, number of signs, and sign setbacks within the district. The IA District setbacks are ten feet from property lines. The applicant is requesting a four and one half foot variance of the required ten foot setback due to utility easement lines and the future expansion of Interstate 81. This variance, if granted, would result in a five and one half foot setback from the property line. The surrounding properties are zoned B-2 (Business General). Staff will note this variance addresses setback requirements only, and no other aspects of the sign, as related to the IA district. (Please see attached proposed plans from Lellock Consulting.) Staff received the attached email from Lloyd Ingram of VDOT on June 8, 2011, stating that VDOT will defer to Frederick County's requirements. Furthermore, VDOT provided information concerning the future I-81 ramps and C-D lanes to the applicant's engineer, indicating that the sign's footer be properly engineered so as to not be impacted by future highway expansion. STAFF CONCLUSIONS FOR THE JUNE 21, 2011 MEETING: Should this variance be granted, the setbacks would by five and one half feet from the property line of the future I-81 expansion area. This request from current setbacks of the IA district may be justified to accommodate the future expansion of Interstate 81 and due to the existing utility easements in the vicinity which restricts movement of the sign. This variance request appears to meet the intent of The Code of Virginia 15.2309 (2). VAR #03- 11 Orange Partners PIN: 75-5-10 (Interstate Sign) rw� FM C J 9 • • Mark Cheran From: Funkhouser, Rhonda [Rhonda.Funkhouser@VDOT.Virginia.gov] on behalf of Ingram, Lloyd [Lloyd.ingram@VDOT.virginia.gov] Sent: Wednesday, June 08, 2011 9:10 AM To: Mark Cheran Cc: Ingram, Lloyd; Smith, Matthew, P.E.; Alexander, Scott; Lineberry, Jeff, PE; Thomason, Kirk; David E. Lellock Subject: Kernstown Commons Sign Mark, In the question of the location of the proposed sign at Kernstown Commons and the VDOT's Right -of - Way line, as Frederick County's regulations are more stringent, than VDOT's we will defer the waiver question to the County. VDOT has provided information so that "the applicant's engineer" has been made aware of the planned excavation for the construction of the future I-81 Exit 310 ramps and C-D lanes, and should design the sign footer accordingly. The incursion into the zoning buffer will be at the applicant's risk and liability should any problems arise from the future excavation on the Interstate right-of-way. If you require additional information, please contact me. Lloyd A. Ingram, Transportation Engineer Virginia Department of Transportation Edinburg Residency — Land Development 14031 Old Valley Pike Edinburg, Virginia 22824 Phone #(540) 984-5611 Fax #(540) 984-5607 r 1 Variance Application ©3 Submittal Date !x� Fee Amount Paid DO Sign Deposit Paid 5� =- APPLICATION FOR VARIAfICE J U N 3 2011 j FREDERICK COUNTY, VIRgINJA I -OFFICE USE ONLY - Submittal Deadline b For the BZA Meeting of Initials: Receipt # J, d Sd MUST BE TYPED OR FILLED OUT IN INK — PLEASE PRINT The applicant is the owner 17 i other fl. (Check one) Please list all owners, occupants (adult individuals as well as any entities occupying the property), or parties in interest of the property. 2. APPLICANT: OCCUPANT: (if different) NAME: Orange Partners, LLC NAME: ADDRESS: 500 Pegasus Ct ADDRESS: Winchester, VA 22602 TELEPHONE: 540-771-0079 TELEPHONE: 3. The property is located at (give exact directions and include State Route Numbers): Near the right of way for Interstate 81 within the Kernstown Commons Development (See attached overall exhibit) The Kernstown Commons Development is located just south of southern interchange for Rt.37 and Rt.11 4. The property has a road frontage of 372.73 feet and a depth of 445.34 feet and consists of 4.17 acres (please be exact). 5. The property is owned by orange Partners, LLC as evidenced by deed from 6%ylc Profle•r1;, l"c,. recorded (previous owner) in deed book no. on page or instrument number 0400101088 of the deed books of the Clerk 7 N r of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: 6imwnm— 84(c -k C,',_QW 7. Property Identification Number (P.I.N.): 75-5-10 8. The existing zoning of the property is: B-2 9. The existing use of the property is: Vacant 10. Adjoining Property: USE North Retail East VDoT ROW then Vacant South Retail / Vacant West Retail ZONING B-2 B-2 B-2 B-2 11. Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard variance for an attached two -car garage.") Reduction of interstate sign setback from 10' to 5' for construction of sign. 12. List specific reason(s) why the variance is being sought in terms of, such as: ► Exceptional narrowness, shallowness, size or shape of property, or ► Exceptional topographic conditions or other extraordinary situation or condition of property, or ► The use or development of property immediately adjacent thereto The sign and components have been manufactured and will not fit within the site constraints with out impacting existing utilities. `3 r 1 04 13. Additional comments, if any: Please see attached letter. 14. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the variance is being sought, including properties at the sides, rear and in fiont of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application: Name and Property Identification Number Address Name Nerangis Properties, LLC 500 Pegasus Ct. Winchester, VA 22602 Property # 75-5-3 EeA Inc 8751 Gas House Pike Frederick, MID 21701 5-5-4 Name Dealership Management Company, LLC 3985 Valley Pike Winchester, VA 22602 Property # 75-A-11 L EameDealership Management Company, LLC 3985 Valley Pike Winchester, VA 22602 5-A-11 M NameVDoT 2275 Northwestern Pike Winchester, VA 22601 Property # 75-5-B Name Property # Name Property # Name Property # • r 15. Provide a sketch of the property (you may use this page or attach engineer's drawing). Show proposed and/or existing structures on the property, including measurements to all property lines and to the nearest structure(s) on adjoining properties. Please include any other exhibits, drawings or photographs with this application. 10 r AGREEMENT VARIANCE # 03 - / I (Number to be assigned by the Planning Dept.) I (we), the undersigned, do hereby respectfully make application, and petition the Frederick County Board of Zoning Appeals (BZA) to grant a variance to the terms of the Frederick County Zoning Ordinance as described herein. I agree to comply with any conditions for the variance 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 understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) dasprior to the BZA public hearing and maintained so as to be visible from the road or right-of-way until the hearing. I hereby certify that all of the statements and information contained herein are, to the best of my knowledge, true. SIGNATURE OF APPLICANT i r'. DATE /�; " '3 - // SIGNATURE OF OWNER (if other than applicant) -OFFICE USE ONLY- DATE BZA PUBLIC HEARING OF ro & i l ! I ACTION: -DATE- APPROVAL SIGNED: DATE: 4 - 2,1- / / BZA CHAIRMAN 11 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.co.frederick.va.tis Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540)-665-6395 Know All Men By These Presents: That I (We) (Name) l / 2 /V /V c L p %� r� i �%L� � (Phone) 540a71-0079 (Address) 500 Pegasus Court, Winchester, VA22602 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. 04001088 on Page Parcel: 10 Lot: Block: Section: do hereby make, constitute and appoint: (Name) Lellock Consulting, PC - David Lellock and is described as Subdivision: Kernstown Common (Phone) 540-533-6728 (Address) 2350 5th Street Middletown, VA 22645 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 applications for my (our) above described Property, including: _Rezoning (including proffers) rConditional Use Permit _Master Development Plan (Preliminary and Final) _Subdivision Site Plan Variance or 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 sha 1 expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I e) have retoetmy (our) hand and seal this �((3 day of Mau Signature(s) �� State of Virgi(iia, City/County of ��—� P4- (t(- , To -wit: 1, V-) U, 6—a"wt eq— _,ko �,6tqy Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to tg A � t rent personally appeared before me and has acknowledged the same before me in the jursdi'gri 3'19 day of 5,!, p , 20�. 169502 '. .MYCOMM, ex ES 09/ onci1 y.'Copmission Expires: 9U DJ Notary Public 40 4P BLOCK CONSULTING, PC Middletown,VA22645 F 866.680.3364 June 3, 2011 Frederick County Board of Zoning Appeals 107 North Kent St. Suite 202 Winchester, VA 22601 RE: Kernstown Commons Interstate Sign Sign Setback Variance LC Job # 2010.058 Board Members, We are providing this letter to present additional information on this request so a well-informed decision can be made on this request. Information: • The proposed locations for the foundation of the sign have been staked in the field. • We have placed survey stakes in the field to represent the current right of way. • The existing fence line in the field represents the old VDoT right of way. • It is the intent to have the face of the pole supporting the sign to be ultimately 5.5' from the right of way. Justifications: • The current right of way was a "Voluntary Right of Way Reservation" based on a preliminary interchange design and may not reflect the current design and right of way requirements for the interchange improvements plan. Unless VDoT's current design requires excessive cut or fill at this location, it is our opinion there will not be an impact on VDoT. We have contacted VDoT concerning this and hope to have their final determination prior to the monthly BZA meeting. • If the sign is shifted the additional ±5' away from the VDoT ROW, the existing water main and storm structure will have to be relocated due to conflicts with the foundation. The foundation will also create conflicts with future curbing, pavement and storm pipe required for development of this area. • We have already made a minor revision to the approved foundation plan to help reduce conflicts with the right of way and existing utilities. Further modifications to the foundation and/or pole location will require additional revisions to portions of the sign that have already been manufactured for the sign. We understand the foundation revision will have to be reviewed and we want to use the existing components for construction to mitigate extra costs. We appreciate your time in considering this matter. Sincerely, avid E. Lellock, PE, LS Owner Lellock Consulting, PC Encl: Cc: _ --------------- - r�---'------- ___ 17A:RO CO-____ __________ - r1 __ r "- i �� ��♦;♦ �+ ! t 1 1 r ♦ ♦ { { ! 1 1 r NJ 75-5-B \\\{ 1 r r + `E Bldg; i_ �.� Zoned: B-2 - - Use: Future Interchage improvements Zoned:- B ;2 I hJse:Convenienc�,: Store �99 i + i Z2,i 75-5-A j ! _ .. �.. ne . !� �. Zoned: B-2 oa I o �.J7.. 7�-�-$ - .- �� lJskeMotel •� ,_ Use:FCSA Pump' _ Zoned: JL `� ' - - - - -' .- I- �( =..�.q Station 1 ► + + + ! !r U*e:Retu�u�t�. � ,- . / � v- - ,- - - - , �, 1 + } t I 1 ! r t < I 1 t I 1 } !! �Ex.Blcldi I i t II iJ II1 I �i --L> 1I `D75-5 �``-^\\; l i i i I � - 9 ,r � � ■ 1 1� 1 1 + t I ■ I �oned: B-2 i ri iUse:Reta'I Ex.Bldg. l it I i IJ --- iJ � }■ ■■1 i II `-\\�� � � � •• ■ 1 1 r 1 1 t ! ! 1---__-T 1 Ex Bldg ` -- - ��, 75-5 J ,' I� i 75-5-3 \ -^v 1; a I\ Zoned: B-2 = i ■ i Zoned: B-2if it ��,1se:R t �I� - Use:Retail i �� i/ ( 1 r I -iI t '! 1 J - ! C •� �,.. tlJIM �� ■ } �! r C ! 1 ' i ■ I (r-----T ( �� ��■■�■■�■■�■■� t } ! ■i i;Under; i ��L C�1•r ------ . l ■ - - z1 +�! r f 1 anstruciton c. n 75-5-4 i , i c + I ca + �- (C Zoned: B-2 ■ I 17.8'►� �.5 r �' I '75-5-d i Use;Retail • I °� 1 i ' I p ; Zoned:2 J'r==-==-r��; SIGN s�i ii i f Use:Vac t Ex.Bldg !' LOCATION 21 ° 1 1 x r r I W1 lot i I k----� --- 75-5-10 - - - --�.' Zoned: B-2 ■' + + + 1 r + �•.�• o=,•_....__ Use:Vacant 1 1 \ 75-A-11 L .. t ► ! ; ` Zoned: B-2 •75-A-11 M•• Use:Auto Dealership Zoned: 13-2 i r Use:Vacant I + + I 0 200 400 600 I 1 yyeldll /dire - ` LELLOU CONSULTING, PC INTERSTATE SIGN -_- = KERNSTOWN COMMONS 2350 Fifth Street T 540.533.6728 SHAWNEE MAGISTERIAL DISTRICT —_ — Middletown, VA 22645 F 866.680.3364 FREDERICK COUNTY, VIRGINIA SCALE: V=200' C.I.= ,low 'R 7 I —�_ Ex. Sign Eosement I 1 I —� X I .. m - to o can O o 3ry I� � 3 Fut. Foce !' I of Curb/ - I E IDCn .n o c £ _ I a or Ln `* M ICD I� Proposed 3' Dio. I 6 0 l a o Pole location I �I 23.00' I I 5.46' Center to I ��� �--C—i � 3.75 Center I �� I Face of I I I I Pole to I ROW I I I Iii Stake to show I I future storm to X < alignment I t coFooter as rD 0 o o AAA staked in field I� o w I� \ 1 CD I� o 0 \ x o o v� 1 � I v I m 1111111/11��/ IQ �����f� 000 3 I W Ov CD o Fut. Face ® IL_._..__.__. I �~ • I of Curb . < m x � . Sin Easement DAVID E. LEL�ACK E � � � --- --_ • Lic. No. 34203 • P� • • FOOTER LOCATION BASED ON 6///// 'IL FIELD RUN SURVEY '�ti_ ���� • SEPARATE STAKE OUT AND 0 10 20 30 0000 �1044444 AS BI I LD D FOR POLES Existing Conditions and Sign Location LELLOCK CONSULTING, PC INTERSTATE SIGN - KERNSTOWN COMMONS 2350 Fifth Street T 540.533.6728 SHAWNEE MAGISTERIAL DISTRICT Middletown, VA 22645 F 866.680.3364 FREDERICK COUNTY VIRGINIA SCALE: 1"=10' C.I.= N/A all � 3 3RISON & JONNSTON,PLC ATTORNEYS AT LAW WINCHESTER, VIRGINIA 040010118 THIS DEED, made this _� day of 2004, between Engle Properties, Inc., a Virginia corporation, of the one part, hereinafter called the Grantor; and Orange Partners, LLC, a Virginia limited liability company, of the other part, hereinafter called the Grantee. WITNESSETH: ^_hat for and in consideration of the sum of one Dollars ($1.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, with General Warranty and with English Covenants of Title, unto the Grantee, in fee simple, together with all rights, rights of way, privileges and appurtenances thereto belonging, all of that certain tract or parcel of land lying and being situate in Shawnee Magisterial District (formerly in Back Creek Magisterial District), Frederick County, Virginia, containing 31.5327 Acres, more or less (TAX MAP NO. 75-A-10) (previously referred to as 29.67 Acres), located South of Winchester, Virginia, on the East side of U. S. Highway No. 11, South of the Route 37 By-pass and West of Interstate Route 61, more particularly described by plat prepared by Douglas C. Legge, Land Surveyor, dated February 9, 2004, attached hereto and by this reference made a part hereof; and being the same property conveyed to the Grantor herein by Elizabeth Crawford Engle, widow, by deed dated December 30, 1986 and recorded in the Clerk's office of the Circuit Court of Frederick County, Virginia in Deed Book 635, at Page 586. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. RRISON B JOHNSTON,RLC ATTORNEYS AT LAW WINCHESTER. VIRGINIA 0 rn 0 Co WITNESS the following signature and seal: ENGLE PROPERTIES, INC. _ f J %y U. P• By /%Cln r 9,Uf ( SEAL ) STATE OF VIRGINIA, AT LARGE,, CITY/Y OF�'s.�f� To -wit: The foregoing instrument was acknowledged before,, methis S 7 day of ^5 u4%Q I 2004, by. as �.C�� Av.S,@//�7-z- of Engle Properties, Inc., a Virginia corporation, on behalf foof/ said Corporation. My commission expires 42 {SE�: Notary Pub is n i - 2 - • rl VIRUINIA: FREDERICK COUNTY, SCT. This instrument of writing was produced to me on rt and with certificate of acknowledgement thereto annexed was admitted to record. T imposed by Sec. 58.1-802 of sJa3gbSy and 58.1 801 have been paid if assessable 'Clerk NBL Yp ROUlE 37 Rim SSL S 57-34'12' E B30.79' LA. FE Ln POWD i 1 JN N O v Z m PIN 75-A-10 OW PROP us, MJG 08 U5 PG 586 cm) 'o w w °G BECK ac (LA S^ OWED ACCESS N FENk 31.5327 ACRES N O � � rn J r1 ro cn N N W rn � Ln N n COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING June 7, 2011 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST#03-11 OF ORANGE PARTNERS On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, June 21, 2011, 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: Variance Request #03-11 of Orange Partners at Kernstown Commons, for a five foot variance of the ten foot setback for an interstate sign as it relates to Chapter 165 Zoning, Part 704 IA Interstate Area Overlay District, Section 165-704.05(D)(1) District Regulations; Setback Requirements. The subject property is located on the southwestern quadrant interchange for Route 37 and Route 11 in Kernstown, and is identified with Property Identification Number 75-5-10 'in the Back Creek 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 a.._.,. Zoning Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 This is to certify that. the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County., Virginia: ----75-_-5- • 10. -- -- i ORANGE PARTNERS LLC 500 PEGASUS CT WINCHESTER VA 22602.4596 - 75 -5- - 3- NERANGIS PROPERTIES LLC 500 PEGASUS CT WINCHESTER VA 22602-4596 75 - 5- 4- ALDI INC 8751 GAS HOUSE PIKE FREDERICK MD 21701.4793 .75 -A- - 11-L - DEALERSHIP MANAGEMENT COMPANY INC 3985 VALLEY PIKE WINCHESTER VA 22602.2465 - - - 75 - 5- B. -- - COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION 2275 NORTHWESTERN PIKE WINCHESTER VA 22603.3955 Mark R. Cheran, Zoning & Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICJK r L. , a Notary Public in and for the State and County aforesaid, do reby certify that ark R. Cheran, Zoning & Subdivision Administrator for the Departm nt f Planning and Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my State a4d C unty aforesaid. Given under my hand this - day of My commission expires on BEvNOTAH. EL �ING R IC REGISTRATION M 331878 COMMONWEALTH OF VIRGINIA My COMMISSION SION j SPIRES 6l 4 NOTARY &BLIC AIP,It k)lY * ii- t 1 0 /-A-A-a CY-6 ft14 r Ai 13. Additional comments, if any: Please see attached letter. TO:BARBARA-DATA PROCESSING FROM:BEV - Planning Dept. Please priqt '1 sets (v � AN !% 14. The following names and addresses are all of the individuals, firms, or corporations .owning property adjacent to the property for which the variance 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: Name and Property Identification Number Address Name Nerangis Properties, LLC 500 Pegasus Ct. Winchester, VA 22602 Property #75-5-3 NameAldi, Inc 8751 Gas House Pike Frederick, MD 21701 Property # 75-574 ENaerDealership Management Company, LLC 3985 Valley Pike Winchester, VA 22602 75-A-11 L .Zr' Name Dealership Management Company, LLC 3985 Valley Pike Winchester, VA 22602 Property # 75-A-11 M NarneVDoT �, 2275 Northwestern Pike Winchester, VA 22601 Property -# 75-5-8 '� Name Property # Name Property # Name Property # ye64;�Z_ RLOCKCONSULTING,PC June 2, 2011 Frederick County Planning and Development c/o Mark Cheran Zoning & Subdivision Administrator 107 North Kent St. Suite 202 Winchester, VA 22601 RE: Kernstown Commons Interstate Sign Sign setback Variance LC Job # 2010.058 Mr. Cheran, • 2350 Fifth Street T 540.533.6728 Middletown,VA 22645 F 866,680.3364 J U N 2 2011 On behalf of my clients, we are submitting this for consideration of reducing the required 10' sign setback from the Interstate 81 right of way. We are asking that the setback be reduced from 10' to 5' from the right of way. It is our intent to construct the sign ±5.5' from the right of way to allow for a buffer during construction. We have provided a sealed drawing showing the proposed foundation and pole locations. We have noted on the drawing a separate stake out and as -built of the sign will be required. Our reasons for this request are as follows: • The current right of way was a "Voluntary Right of Way Reservation" based on a preliminary design and may not reflect the current design and right of way requirements for the interchange improvements plan. Unless the current design requires excessive cut or fill at this location, it is our opinion there will not be an impact on VDoT. We have provided additional information to VDoT so they can confirm if the proposed sign location will impact their design. As of the date of this letter we are still awaiting VDoT's response. • If the sign is shifted the additional ±5' away from the VDoT ROW, the existing water main and storm structure will have to be relocated due to conflicts with the foundation. The foundation will also create conflicts with future curbing, pavement and storm pipe required for development of this area. • We have already made a minor revision to the approved foundation plan to help reduce conflicts with the right of way and existing utilities. Further modifications to the foundation and/or pole location will require additional revisions to portions of the sign that have already been manufactured for the sign. We understand the foundation revision will have to be reviewed and we want to use the existing components for construction. We would also like to thank you for taking time to meet on site June 1, 2011 to discuss this topic. As we discussed at the meeting, my clients are anticipating a pre -construction meeting on June 7'h for the sign and would like to begin construction shortly there after. Anything you can do to help move this process along would be greatly appreciated. If you have any questions, concerns or require additional information please do not hesitate to contact me. Sincerely, (avid E. Lellock, &PELS Owner Lellock Consulting, PC Encl: Existing Conditions Exhibit Cc: Bob Runion — Eddie Edwards Signs c Q A CD O c-) :J I �— Sign Easement ment x I o n c I < o r. < o � O --x �I8 ova c o o _ N l�n c. CD o 0 Fut. Face Ln_ CD Dp of Curb,,- I 0 CD CD aN� C CD C o X (D Proposed 3' Dio. I N =CrI o i CD O = Pole location I �ICa. o (I I I I I �-- 23.00' I I t.75� Center to I I 5.46' Center I F I Face of I I I Pole to I I ROW J I L Stake to show I I future storm to alignment cn o_ t Footer as o 0 �A staked in field o a I� C,4 I" o I Q 13 I m rD � I x m I rm co .... Fut. Face ® o of Curb I I) Ica DAVID E. LEL�ACK '� • Ex. EasementSign __ Lic.No. 34203 FOOTER LOCATION BASED ON 6/I/// FIELD RUN SURVEY Z !'�. SEPARATE STAKE OUT AND 0 10 20 30 ��00���� AS —BUILD FOR POLES 00# �04 � % REQUIRED Existing Conditions and Sign Location LEILOCK CONSULTING, P( INTERSTATE SIGN KERNSTOWN COMMONS 2350 Fifth Street T 540.533.6728 Middletown, VA 22645 F 866.680.3364 FREDERICKCOUNTY VIRGINIA SCALE: 1'=10' C.I.= N/A • 1 • 1 1 I I 1 I 1 72.92" LT 1 \ \ 730.27 69.00" LT 1720.1 1 1 1 1 1 1 -�'7 39.00' LT I 1 _ 1 1 72,?a47 (-)-) J O, , o , o , , 125.22 27.00' LT 12.00' LT bl ° _CD_SB 0 725.70 12.001 RT 723.50 16.001 RT T I e, 721.50 28.00' RT T ! 724.64 45.22' RT I O O 0 0 0 Do 0 0 0 Mark Cheran From: Ingram, Lloyd[Lloyd.Ingram@VDOT.virgihia.gov] Sent: Thursday, June 02, 2011 8:00 AM To: David E. Lellock Cc: Mark Cheran; Smith, Matthew, P.E. Subject: Kernstown Commons Sign Attachments: Phase III 1-81 SB CD Road Station 53+00.pdf David, The following are the comments from the consultant designer for your review and comment: The Phase 3 design and our grading limits are about 4 feet from the right of way at the sign location. The area is in cut with slope rounding and we shouldn't need much more space. I've attached the 1-81 SB CD Road cross section in the area (Sta. 53+00). The sign is outside the 30 clearzone at over 60 feet from the edge of pavement and should be okay horizontally. The existing ground slopes away from the roadway behind the right of way. I don't have the sign footing elevation although I would think the bottom is at least as low as the existing storm invert adjacent to the footing at 724.26. 1 would need vertical information for the footing to make a final determination The proposed sign should be OK, but note the cut section of the future ramp/C-D road .... Though I wouldn't expect a problem, the structural designer should be aware of the future excavation. Please, please ensure that when constructed there are no "mistakes" that puts the thing closer to/on the R/W. <<Phase III 1-81 SB CD Road Station 53+00.pdf>> Lloyd A. Ingram, Transportation Engineer Virginia Department of Transportation Edinburg Residency — Land Development 14031 Old Valley Pike Edinburg, Virginia 22824 Phone #(540) 984-5611 Fax #(540) 984-5607 DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGINIA GIS, MAPPING, GRAPMCS WORK REQUEST DATE RECEIVED: - REQUESTED REQUESTING AGENT: Depariment, Agency, or Company: - Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: FAX: DATE: 6 DESCRIPTION OF REQUEST: (Write additional information on back of request) DIGITAL: PAPER: FAX: E-MAIL: SIZES: COLOR: BLACK/WHITE: NUMBER OF COPIES: STAFF MEMBER: COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: HOURS REQUIRED: CHECK NOA Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) 13. Additional comments, if any: Please see attached letter. TO:BARBARA-DATA PROCESSING FROM:BEV - Planning Dept. Please priqt sets AN 'I 14. The following names and addresses are all of the individuals, firms, or corporations .owning properly adjacent to the property for which the variance 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: Name and Property Identification Number Address Name Nerangis Properties, LLC 500 Pegasus Ct. Winchester, VA 22602 Property#75-5-3 NameAldi, Inc 8751 Gas House Pike Frederick, MD 21701 Property # 75-5-4 Name Dealership Management Company, LLC 3985 Valley Pike Winchester, VA 22602 Property # 75-A=11 L Name Dealership Management Company, LLC 3985 Valley Pike Winchester, VA 22602 Property # 75-A-11 M NameVDoT 2275 Northwestern Pike Winchester, VA 22601 Property # 75-5-13 Name Property # Name Property # Name Property # a U1 CD 040010118 -r I/ THIS DEED, made this _day of 2004, between Engle Properties, Inc., a Virginia corporation, of the one part, hereinafter called the Grantor; and Orange Partners. LLC, a Virginia limited liability company, of the other part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of One Dollars ($1.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, with General Warranty and with English Covenants of Title, unto the Grantee, in fee simple, together with all rights, rights of way, privileges and appurtenances thereto belonging, all of that certain tract or parcel of land lying and being situate in Shawnee Magisterial District (formerly in Back Creek Magisterial District), Frederick County, Virginia, containing 31.5327 Acres, more or less (TAX MAP NO, 75-A-10) (previously referred to as 29.67 Acres), located South of Winchester, Virginia, on the East side of U. S. Highway No. 11, South of the Route 37 By-pass and West of Interstate Route 81, more particularly described by plat prepared by Douglas C. Legge, Land Surveyor, dated February 9, 2004, attached hereto and by this reference made a part hereof; and being the same property conveyed to the Grantor herein by Elizabeth Crawford Engle, widow, by deed dated December 30, 1986 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 635, at Page 586. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. 7RISON & JOHNSTON,PLC ATTORNEYS AT LAW WINCHESTER, VIRGINIA • 0 RRISON & JONNSTON.PLC ATTORNEYS AT LAW WINCHESTER. WRGINIA I WITNESS the following signature and seal: ENGLE PROPERTIES, INC. By fail /� (SEAL) STATE OF VIRGINIA, AT LARGE,, CITY/.G9'Y OF�%iL��s.�C/ To -wit: The foregoing instrument was acknowledged before me /this / S 7 da o f r �/ !!ic% 2 0 0 4, by � Q� • Z_ZaA �4y Y � as LF,o /1vS of Engle Properties, Inc., a Virginia corporation, on behalf of/ said Corporation. My commission expires y a �� cI Notary Pub is i :cam Q� - 2 - NBL VA. ROUTE 37 S8L ` S } CWF- LA. FEN S 57'34'12" E 830.79' � •�? rF � �TMof Wm s � POND w \ \ Z 1 J r Y z BEONNIN'G i.A ) OUITED��CE aSS 0 PIN 75-A-10 ENGLE INC Do 31.5327 ACRES _I 0 OF-0 cn N W 1 CT N N W -- Imul f. Im j y ` W LEM 1 of.0 - - IRE FENCE N 52718" -W 98-4.4T CW - CONCRETE MOMENT FOUND PIN 75-A-11C ` IR$ - RN ROD SET GEORGE & JOHN MILLER PARTNERSHIP 0 - OVEwAD UTWTY LNES DB 608 PG.273 CURVE TANGENT RADIUS ARC LENGTH DELTA ANGLE RING CHORD LENGTH CHORD BEA Ci 60.86' 1829.86' 121.67' 03.48'35" 1 121.65' S 25-12'07" W NOTES: 0' 200W ' NO TnLE REPORT RMNI FAD 2) EASnOM MAY DOST THAT ARE NOT SHOYIN. SCALE N 1" — 200' 3 BOUNDARY WONATION SH N HEREON IS BASED ON AN ACTUAL F1E1.D SURVEY OOIIPLETED JANUARY 19, M. BOUNDARY SURVEY Of' THE [AND OF O� kz ENGL E PROPERTIES, INC. r� "wNEF �cacrsmw Dismlcr / � MDER/CK COUNTY, KRONA Do C. e L14TF 02109104 SGILE N 1' 200' SHEET 1 OF 1 . 00 j Marsh & Legge Land Surveyors,P.L.C_ r`�'D eu/a4-t°� 560 NORTH LOUDOUN STREET N WINCHESTER, VIRGINIA 22601 DRAWN BY: C GREENSPA PHONE (540) 667-0468 N FAX (540) 667-0469 N EMAL, of Icmft rAwd*gg&ccm DWG NAME: ID5887--BNDY VIRUINIA: FREDERICKCOUNTY, SCT, This instruments of writing was produced to me on 6 -0 Y at 02"dl ��►� and with certificate of acknowledgement thereto annexed was admitted to record. T unposed by Sec. 58.1-802 of $J' 2654, and 58.1-801 have been paid, if assessable 4,6A A,�� , Clerk