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HomeMy WebLinkAbout06-97, 07-97 CFJ Properties (Flying J) - Backfile.! r Date: Variance Request Tracking Sheet: Board of Zoning Appeals 9 File opened Reference Manual updated/number assigned D-base updated 1/ 12 color location maps requested from GIS Two sets of labels requested from Data Processing File given to Renee' to update bi-monthly report 1&, 1-,; 6-97 MEETING DATE: S-�O- CLOSE OUT FILE: S zo-9 7 4� T 6(e d wvft G FINAL ACTION: I V' Approval (or denial) letter mailed to applicant/copy made for file v' File stamped "approved"/"denied" or "withdrawn" v Reference Manual updated ,/ D-base updated � -CiZ File given to Renee' for final update to bi-monthly report 6JV�_ • K.\WPTMN\CIG CR\TRACKING BZA Received From Address -` • d AMT. OF ACCOUNT AMT, PAID BALANCE DUE Date4 , V 0 r �l�C 0- �256&5 Dollars $ CASH CHECK MONEY f, ORDER BY FL YING J INC. 50 WEST 990 SOUTH P.O. BOX 678 BRIGHAM CITY, UTAH 84302-0678 PHONE (801) 734-6400 FAX (801) 734-6556 July 21, 1997 County of Frederick Department of Planning and Development Attn: Mike Ruddy 107 North Kent Street Winchester, VA 22601-5000 Dear Mr. Ruddy, Please accept this letter as our request to withdraw from consideration our previous appeal numbers 00697 and 00797. We will not be requesting these variances. Thank you for your time and consideration in this matter. Sincerely, Marty Phipps Purchasing Mngr. - Flying J, Inc. dill 199 a r�iik 4 ?�P' }; F Pt 91Up pVIOP�w�, I 0 � FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/678-0682 May 27, 1997 Freilich, Leitner, & Carlisle Attn. Mr. Richard G. Carlisle, P.C. Suite 1000 4600 Madison Kansas City, Mo. 64112-30132 Dear Dick: To follow up on our meeting of the 20th, I appreciate the opportunity to meet and discuss the Flying J project with you and Mr. DeLamare. I believe our conversation was beneficial for everyone involved in terms of gaining a better understanding of the issues. As we discussed, Frederick County would be happy to consider any proposed wording change you would care to submit which, in your opinion, helps to clear up confusing or awkward sections of Interstate Area Overlay District regulations. We are willing to concede that there are portions of the regulations which could be worded in a manner that more accurately reflects their intended purpose. I feel it is important to emphasise, however, that our willingness to examine this section of our Ordinance stems from a desire to improve the clarity and effectiveness of the regulations. It should not be assumed that a proposal geared solely toward obtaining a larger size for your client will be seriously considered. With the above in mind, if an amendment were to be generated with the aim of going to the Board of Supervisors, it would first need to go through our Development Review and Regulations Committee (DRRC) and then the Planning Commission for their input and consideration. The DRRC meets on the fourth Thursday of the month. The Planning Commission meets the first and third Wednesday of each month. Agendas are mailed out two weeks in advance. An amendment would normally go before the Commission once for discussion and then a second time for public hearing. As you can see, if the desire is to get a wording change before the Board by August, time is of the essence. I would be happy to discuss this process with you in more detail, if you so desire. Please let me know if I can answer any questions. Sincerely Kris C. Tierney, AICP Planning and Development Director KCT/cc cc: James L. Longerbeam John R. Riley, Jr. Winter Del-amare 107 North Bent Street • Winchester, Virginia 22601-5000 MA`r'-19-1997 16 34 801 734 6580 P.02r'02 FL YING J INC. 50 WEST 980 SOUTH P,O, BOX 678 BRIGHAM CITY, UTAH 84302-0678 PHONE (801) 734.6400 FAX (801) 734-6556 May 19,1997 Kris Tierney Dept. of Planning and Development 107 North Kent Street Winchester, VA 22501-5000 Dear Kris: We would like to continue our vaxianc A ppeals, meeting. Which is presently scheduled for May 20,1997. We will notify you when we wish to proceed. Thank you for your help in this matter. Sincerely, Winter DeLaMare. VP / Development and Design, TOTAL P.02 PIN 0 0 A� . ik 0 0 • • I • BZA REVIEW DATE: 5/20/97 BZA #006-97 - APPEAL CFJ PROPERTIES (FLYING J) LOCATION: The property is located at 1630 Rest Church Road. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 33-9-1 PROPERTY ZONING & USE: Zoned 133, (Industrial Transition) District and IA (Interstate Area Overlay) District; Land use - Under development ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Agricultural, interstate highway, and vacant APPEAL: Appeal of the determination made by the Director of Planning and Development in the administration of the Zoning Ordinance .withiregards to commercial business signs within the IA (Interstate Area Overlay) District. REASON FOR APPEAL: See attached list from applicant stating their basis for appeal. STAFF COMMENTS: The applicant is appealing the determination made by the Director of Planning and Development, Mr. Kris Tierney, in a letter dated April 4, 1997, to Mr. Craig Call, Community Liaison for Flying J, Inc. In his letter, Mr. Tierney determined that the Flying J facility does not qualify for a 500- square-foot commercial business sign in the Interstate Area Overlay District. Rather, Flying J is limited to a 300-square-foot sign as prescribed by Section 165-120,C (1) of the Frederick County Zoning Ordinance. Mr. Tierney's letter clearly demonstrates the position of this department. Rather than restating the contents of the letter, I offer the following summary of the basis for Mr. Tierney's determination. 0 • Flying J - Appeal Page 2 May 12, 1997 The property in which the Flying J Travel Plaza is being developed is zoned B-3 (Industrial Transition) District, and IA (Interstate Area Overlay) District. The Flying J Travel Plaza was permitted because the primary use was determined to meet SIC (Standard Industrial Classification)Major Group 55 - Automotive Dealers and Gasoline Service Stations. Under this major group is subgroup 5541 which allows truck stops with fuel sales. The B-3 district permits all uses described in Major Group 55. The B-3 district does not permit SIC 58, Eating and Drinking Places, nor does it permit SIC 72, Personal Services. The eating and drinking establishments, general merchandise and apparel stores, convenience stores and service uses associated with the Flying J Travel Plaza are only permitted as accessory uses to the permitted primary use, the truck stop with fuel sales. Section 165-119A, Qualifying Criteria, of the Interstate Area Overlay District Article, specifies, that uses within SIC Major Groups 53, 55, 56, 58, and 70 are permitted to erect a commercial business sign that is of 'a greater height and size than is permitted in the underlying zoning district. However, as previously explained, the truck stop with fuel sales is the permitted primary use on the property. Therefore, the truck stop with fuel sales is the only primary use authorized to erect a larger sign. Section 165-12OF allows the message portion of this sign to be up to three hundred square feet in area. In addition, staff believes that the Board, at their March 18, 1997 meeting, extensively addressed the issue of several separate uses at this location and adeptly determined that Flying J Travel Plaza was the primary use on the property, and that the various other uses are subordinate to the use as a travel plaza. The Board, at the above meeting, affirmed that Flying J qualified for a commercial business sign of three hundred square feet in size. The Code of Virginia, Section 15.1-496.1, requires that all papers constitutingthe record from which the action was appealed, be transmitted to the Board. Therefore, the correspondence from Mr. Tierney to Mr. Call is attached. Mr. Tierney will be available at the meeting to elaborate on the determination made in his letter to Mr. Craig Call, and to answer any questions the Board may have. STAFF RECOMMENDATION: Affirmation of the determination made by the Director of Planning and Development. File. O:\AGENDAS\C OMM ENTS\FLYI NG]2.BZA APR-20-97 SUN 22 :133 FREDERICK COUNTY 1 540t. rt$k,11 r . - • APEJ-\PI__. Page 1 of S APPLICATION FOR VXC$ APPEAL IN THE COUNTY OF FREDERICK, VIRGINIA HQST BE TYPED OR 'PILLED OUT IN INK --PLEASE PRINT 1. The applicant is the owner ✓ other (Check one) 2. APPLICANT; OCCUPANT: (if different) NAME: CRT Prn=artip NAME• ADDRESS 50 West, 990 South ADDRESS: Brigham C'.i t3,�- TTtah 8.430 TELEPHONE: 801-734-6400 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): -- Southwest quadrant of Interstate 81 and VA 669 (Exit 323) 1530 Rest Church Road Clearbrook VA 22624 4. The property has a road frontage of 787.37 feet and a depth of 1588.45 feet and consists of 25.0027 acres. (please be exact) 5. The property is owned by CFJ Properties as evidenced by deed from (prey ous owner) ` in deed book no. 867 on page 670-674 tYl� books of the Clerk of the Court for Frederick C a copy of the deed. ' RICK. COUNT y I �aeo rtty Page 2 of 5 6. Magisterial District: Stonewall 7. 14-Digit Property Identification No.: 33-9-1 S. The existing zoning of the property is: B3 Tndugrrial Transition_ Dist. 9. The existing use of the property is'-Uncter ppve1npmenr 10. Adjoining Property: 7OtII14G North Agriculture East Interstate Hwy. South Undeveloped West Agriculture 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.") N/A appeal 12. List specific reason(s) why the YAWIRA t is being sought in terms of: x SPP Exhibit "A" 13. Additional comments, if any "A" ~3d& 14. The following names and addresses are all of th# individuals, firms, or corporations owning property adjacent to the property for which the Qt9i6e 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 notifd by mail of this application: NATVM Interstate Orchards Address P. 0. Box 2368 Winchester, VA 22604 Property ID# 23-A-17 & 18 NAME Fruithill Orchard Co. PropertyID# 33-A-90 Address P. 0. Box 2368 Winchester, VA 22604 NAME Rainbow Group Address 720 S. Braddock Street Winchester, VA 22601 Property ID# 33-9-4 NAME Property ID# NAME Property ID# NAME Property ID# - - - Address Address Address NAME Address Property ID# NAME Address Property 1D# NAME Address Property ID# NAME Addres Property 1D# E • 15. Provide a sketch of the property (you may use this page). 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. A46—q Prooel-ty YOUR PROPERTY Adpouum P.00ar lion — —------------- —_ _—_-Cauar of Rood ------— Rood • w THESE MEASUREMENTS See Exhibits "D" and "E". APR-20-97 SUN 22:33 FRE*ICK COUNTY 1 =406#60: P. I I Pr.s4rs AGREEMENT VARIANCE k I (we), the undersigned, do hereby respeetfUy make application, and pedtign the Frederick County Board of Zoning Appeals (BZA) to grant a variance to the teams of the F erick County Zoning Ordinance as described herein. I agrcc to comply with any conditions lbr the variance required by the BZA. I authorize the nwibers of the BZA and Frederick County officials to go up n the property for site inspection purposes. I understand that the sign Issued to me when this appgcatlon Is submitted mist be placed at the font property line at least seven (7) days prior to the BZA public hearing and n)alntained so as to be visible 6om the road or right-of-way until the hearing. I hereby cert4 that all of the statements and information contained herein ark, to the best of my knowledge, true, SIGNATURE OF A" -MC NT D �t Y T SIGNATURE OF OWNER DATE (if other than applicant) BZA PUBLIC HEARING OF - DATE - APPROVAL DENIAL DATE; ACTION: BZA CHAIRMAN i, 9->`A;7 TOTAL P.11 • Exhibit "A" to Appeals Application In his April 4, 1997 letter to Craig Call (see Exhibit `B") hereto, the Planning Director erred in determining that the proposed facility does not qualify for a 500-square foot sign in that: The project is located within the Interstate Overlay (IA) district, which is designed to allow for "additional visibility for commercial businesses" within interstate interchange areas (Zoning Ordinance § 165-116). 2. The provisions of § 165-120.F(2) authorize more than (1) freestanding commercial business sign to share a common support pole, and further provides that the area of said sign shall not exceed five hundred (500) square feet. The interpretation asserted by the Planning Director would impair the visibility of the site and would violate the property rights of Flying J pursuant to Amendments V and XIV of the United States Constitution and Section 11 of Article 1 of the Virginia Constitution. 4. The interpretation asserted by the Planning Director would impair the visibility of the site and would violate the free speech rights of Flying J pursuant to Amendment I of the United States Constitution and Section 12 of Article 1 of the Virginia Constitution. #29267/90560-023 Exhibit "B" , COUNTY of FREDERICK ALL -STATE LEGAL SUPPLY co Department of Planning and Development 540/665-5651 FAX: 540/678-0682 April 4, 1997 Mr. Craig M. Call, Community Liaison �. Flying J Inc. P.O. Box 678 r>'" L Brigham City, Utah 84302 Q7 Dear Craig. After reviewing the points of your Fax transmission of April 2, 1997, and considerable discussion with staff members regarding the specifics of the Flying J project and the content of Frederick County Ordinances, it is my determination that your facility does not qualify for a 500-square-foot sign. . This determination' is based primarily on.the fact that your sitels zoned B-3 (Industrial Transition). This zone permits a variety of heavy commercial uses such as wholesaling, motor freight transportation and warehousing, storage -facilities for heavy construction, along with some retail and other assorted uses. Eating and drinking establishments (restaurants), general merchandise and apparel stores, convenience stores and service uses such as barber shops or laundry mats are not permitted uses in the B3 zone. The existence of these uses on your site would only be permitted as accessory uses to a permitted principle use. Under §165-120,C. (1) of the Frederick County Zoning Ordinance, any permitted principle use may erect one business sign that complies with the provisions of the Interstate Area Overlay Zone. The assertion that the "travel plaza" consists of more than one principle business use, and therefore qualifies for a 500-square-foot sign under the provisions of § 165-120, F. (1) is invalid since the uses cited are not permitted principle uses. I fully realize this is not the interpretation you were hoping for, however, I feel this is the only valid conclusion that can be drawn which is in keeping with the intent of the Interstate Area Overlay provisions. Regarding the staff position on a variance application, I do not believe we could support a size variance of any sort in this instance. After viewing the site from the southbound lane of the interstate during our trip yesterday, I believe you would agree that square footage is not the issue. The Exxon sign on the east side of the interstate is clearly visible and legible at under 150 square feet. Surely, Flying J can convey a reasonable amount of information in 300 square feet. Depending on the outcome of your efforts yesterday to relocate the sign to a more visible point 107 North Kent Street - Winchester, Virginia 22601-5000 0 Mr. Craig M. Call, Community Liaison Page 2 April 4, 1997 on the site, you may have some basis for requesting a reasonable height variance. The staff would only give a positive recommendation on a valid request where the need was clearly demonstrated. If you desire to pursue a variance for sign height or square footage, the next available Board of Zoning Appeals meeting date is May 20, 1997, with the cutoff date for submission of an application being April 25; 1997: I hope this information enables you to determine the course of action you need to take. If I can provide any additional information or, if you would like to discuss the matter further, please do not hesitate to contact me. Sincerely, Kris C. Tierney, AICP Planning and Development Director cc. Richard C. Shickle Charles W. Orndoff, Sr. John R. Riley, Jr. Exhibit ` ALL -STATE LEGAL SUPPLY CO. DEED ]i"to0' 10 Ei{86 THIS DEED, made this day of October, 1996, by and between THE RAINBOW C� GROUP, a Virginia general partnership, GRANTOR, and CFJ PROPERTIES, a Utah partnership, GRANTEE, whose address is 50 West 990 South, Brigham City, Utah 84302. THAT FOR AND IN CONSIDERATION of the sum of TEN DOLLARS ($10.00) cash in hand paid by the Grantee to the Grantor, and other good and valuable consideration, the receipt r!J whereof is hereby acknowledged the Grantor does hereby bargain, sell, grant and convey, with V General Warranty and English Covenants of Title unto the Grantee, all of that certain lot or parcel of land lying and being in the county of Frederick, Virginia and more particularly described as follows, to -wit: All those certain lots or parcels of land, situate in Stonewall Magisterial District, Frederick County, Virginia, designated as follows: PARCEL 1: Lots 1., 2 and 3 of White Hall Business Park, as same are shown on plat of survey of record in Deed Book 747, at Page 1052, amended in Deed Book 750, at Page 1810, AND BEING a portion of the same property conveyed to the Rainbow Group, a Virginia Partnership, from Manuel.C. DeHaven and Pearl A. DeHaven, husband and wife, in Deed dated July 8, 1989 and recorded July 31, 1989 in Deed Book 720, at Page 936; PARCEL 2: Lots E and F; AND BEING the same property conveyed to The Rainbow Group, a Virginia Partnership, from BDK, Ltd., a Virginia L.P. by deed dated July 17, 1995 and recorded in Deed Book 842, at Page 127; PARCEL 3: Lot D, as same is shown on plat of survey of record in Deed Book 279, at Page 156; AND BEING a portion of the same property conveyed to the Rainbow Group, a Virginia Partnership, from Manuel C. DeHaven and Pearl A. DeHaven husband and wife, in Deed dated July 28, 1989 and recorded July 31, 1989 in Deed Book 720, at Page 936; PARCEL 4: Lot C, containing 18.750 square feet; AND BEING a portion of the same property conveyed to the Rainbow Group, a Virginia Partnership, from Ronald Simkhovitch, homme sole, in Deed dated November 7, 1989 and recorded December 4, 1989 in Deed Book 732, at Page 870; PARCEL 5: Lot B, containing 18,750 square feet; AND BEING the same property conveyed to the Rainbow Group, a Virginia Partnership, from Robert L. Swartz and Brenda M. Swartz, husband and wife, in Deed dated June 13, 1995 and recorded June 13, 1995 in Deed Book 840, at Page 22. ALL PARCELS:. FURTHER BEING a portion of the property conveyed to The. Rainbow Group, a Virginia Partnership, by Quitclaim Deed dated May 8, 1996, from Manuel C. DeHaven and Pearl A. DeHaven, his wife, recorded in Deed Book 858, at Page 196. SAID PROPERTIES are further described by metes and bounds description prepared by Bowers & Associates, P.C., attached hereto and made a part hereof. AND BEING all of the land (as now surveyed) described in Deed Book (D.B.) 842, Page (Pg.) 127, D.B. 732, Pg. 870, D.B. 840, Pg. 22 and part of the land described in D.B. 720, Pg. 936, and D.B. 858, Pg. 196. Said land being bounded on the northeasterly corner by Virginia Department of Transportation (VDOT) right of way for State Route 669, Plat Book 3, Pg. 1; and Tax Map Parcels 33A- ((A))-7 through 10, Pen Day Enterprises, Inc:, D.B. 651, Pg. 293 and D.B. 556, Pg. 825; on the east by VDOT limited access right of way for Interstate Route 81, Plat Book 3, Pg. 48; on the south by Lot 4 of White Hall Business Park, D.B. 747, Pg. 1052 and D.B. 750, Pg. 1810; on the west by property now or formerly of Fruit Hill Orchard, Inc., D.B. 373, Pg. 496; on the northwesterly corner by tax map Parcel 33a ((A))-2, property now or formerly of William M. Young, et ux, D.B. 311, Pg. 212, and the remainder of the aforereferenced Quitclaim Parcel, D.B. 858, Pg. 196; and on the north by property now or formerly of Inter -State Orchards, Inc., D.B. 202, Pg. 82, D.B. 202, Pg. 131 and by the aforesaid VDOT right of way for State Route 669, all among the land records of Frederick County, Virginia. Beginning at a P.K. nail set in the centerline of pavement of the aforementioned State Route 669-Rest Church Road; Thence running with said centerline S 79' 08' 24" E., 375.00' to a P.K. nail set, Thence running said centerline, S 10' 45' 13" W., 270.22' to a P.K. nail set, Thence S 79° 14' 47" E., 299.83' to an iron pipe set. Thence S 79° 14' 47" E, 299.83' to an iron pipe set. 2 GI{35 /rG0672 Thence S 11 ° 12' 48" W, 450.37' to an iron rod found. Thence 895.02' along the arc of a curve deflecting to the left having a radius of 14.444.73' and a chord bearing S 21' 31' 07" W, 984.88' to a point (passing over an iron rod found along said arc at 894.77'). Thence N 78' 04' 37" W, 599.38' to an iron rod found, Thence N 11 ° 55' 23" E, 1317.54' to an iron rod found, Thence S 79' 14' 47" E, 68.30' to a cut "X" in stone. Thence N 10' 45' 13" E, 270.91' to the point of beginning, containing 1,022,224 square feet or 23.4670 acres of land, more or less, all in accordance with an ALTA/ACSM land title survey prepared by Bowers & Associates, P.C. of Leesburg, Virginia, dated October 13, 1995, recertified July 14, 1996 and revised September 10, 1996, reference B&A file no. C-771. The undersigned Grantors acknowledge that they are the owners of adjoining lots and hereby release any rights into the use of a dirt road shown on a survey dated October 13, 1995 prepared by Bowers & Associates, running through theproperty herein conveyed. This conveyance is made subject, however, to all easements, conditions, restrictions and reservations of record which affect said property. :5 The RAINBOW Henry C. General P 7 and yRonald S. Simkhovitch General Partner 3 • • COMMONWEALTH OF VIRGINIA AT LARGE City of Winchester, to -wit: The foregoing instrument was acknowl Henry C. Buettner, Jr. My commission expires 12-31-99. COMMONWEALTH OF VIRGINIA AT LARGE City of Winchester, to -wit: D { 1- ; �'�' 3-73 before me this 3rd day of October, 1996 by`' Notary Public The foregoing instrument was acknowledged before me this 3rd day of Octo��rr`Z996 by Ronald S. Simkhovitch. G� r.�-�� 1` `' • 1> My commission expires 12-31-99. V I ' "j NotaryPublic" ' VIRGINIA: MEDERICK COUNTY, SCT. Th+s instrument of \I:Ing�was produced fo me on the at ! , / A and with c:e,tificate of ackrowladgment thereto annexed wa d it!er to record. Tax Imposed by Sec. 58.1-802 of Jm $ ^'� land 58.1-801 have been paid. J assessable. Clerk 4 Exhibit j"D" cG ALL S .. E LEGAL ALL -STATE LEGAL SUPPLY Co. FLYING J TRAVEL PLAZA SIGN PROGRAM frAs mm n,.r I �_577 _74, 7 1 1 I MAIN I D) It'r PANAFLEX FLEXIBLE FACE FOR MAJOR IDENTIFICATION SECTION (ILLUM. WITH INTERNAL HORIZONTAL ILLUMINATION) WHITE BKGD. WITH BLACK COPY AND COLOR GRAPHICS WHITE FABRIC FACE MATERIAL YELLOW-Vr5605 SUNFLOWER ORANGE VT5604 ORANGE RED- VT4757 RED VINYL SHEET METAL FABRICATED FILLER AND RETAINER TO HAVE SATIN BLACK FINISH SKYLINE PRODUCTS PRICE DISPLAY SYSTEM W1 ST CHARACTERS & REMOTE CONTROLLED PRICE MODULES PAINT SUPPORTS SATIN BLACK ENGINEERING NOTE FOUNDATION REQUIREMENTS SHOWN ARE TYPICAL AND WAY REQUIRE ENGINEERING FORTH SOIL CONDITIONS AND CODE RESTRICTIONS FOR THE SPEOIRC GEOGRALPC AREA IN WHICH SIGN SHALL INSTALL ------ ------ . ................. SIGN TYPE B DOUBLE -FACE, INTERNALLY ILLUMINATED HIGH RISE SIGN WITH GAS SIGN H I -- R'S IF"" 498.95 SQ. FT 4q 110%1 Flying J Travel Plaza Location: WINCHESTER, VA. Mr FEDERAL SIGN �— F� go- C"—W • 5 CIVIL IN O 02 O2 1 co _ INS;, TR4 \IE�L /,L,4z,4 _ ��l va,O ro i Exhibit "E" ALLSTATE LEGAL SUPPLY CO. 0 LAW OFFICES FREILICH, LEITNER 8 CARLISLE IN MISSOURI A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS IN CALIFORNIA ROBERT H. FREILICH, P.C.1,3" WEST BENJAMIN KAUFMAN3 MARTIN L. LEITNER, P.C. 1000 PLAZA DEBORAH J. FOX3 RICHARD G. CARLISLE, P.C.' 4600 MADISON MARGARET MOORE SOHAGI3 STEPHEN J. MOORE, P.C.1 DAWN R. ANOREWS3 S. MARK WHITE3•7 KANSAS CITY, M1550URI 64112-3012 TERRY P. KAUFMANN MAC IAS3 ELIZABETH A. GARVIN3,3 DAVID W. BUSHEK1,3 OF COUNSEL ADMITTED IN MOI. K53, CA3, NY$. NC' FACSIMILE ADMITTED IN CA' (816) 561-7931 IN COLORADO IN TEXAS TELEPHONE DAVID J. MYLER, P.C. TERRY D. MORGAN, P.C.I,4•6 (816) 561-4414 E. MICHAEL HOFFMAN' KIMBERLEY MICKEL5ON4 ALAN E.O SCH WART DAVID G. RICHARDSON3,4 L) OF COUNSEL L �11 ADMITTED IN NO', K53, TX4, OR' '^���^�� ( ADMITTED IN CO3 April 23, 1997 VIA FEDERAL EXPRESS Kris Tierney, Director Dept. of Planning and Development Frederick County 107 North Kent Street Winchester, VA 22601-5000 Re: Flying J Travel Plaza Administrative Appeal Dear Mr. Tierney: Enclosed please find the following items for the administrative appeal: • Completed Application Form with Attachments • A $275.00 Check for Application Fees. According to your telefax of April 21, 1997, there is no separate form for administrative appeals. Accordingly, our arguments pertaining to the interpretation of the zoning ordinance is attached hereto as Exhibit "A" to the Appeals Application. Please do not hesitate to contact me if you have any questions as to the foregoing. l Since ' ly Mark Wlu e for Freilich, Leitner & Carlisle SMW/mjb Enclosures #29268/90560-023 IN CALIFORNIA IN TEXAS IN COLORADO FREILICH, KAUFMAN. FOX & SOHAGI FREILICH, MORGAN, LEITNER & CARLISLE FREILICH, MYLER, LEITNER & CARLISLE Los ANGELES, CALIFORNIA DALLAS. TEXAS ASPEN, COLORADO © 1997 AccuWealher, Inc. 0 i SNOW ICE SUNNY Pi. CLOUDY CLOUDY Sunny I Precipitation ItPrecipitation during the 24 ours ending at 7 a.m. imitation to date - Total precipitation for 1997: 4.25 inches. Monthly precipitation for 997: January, .99; February, .32; March, 3.87; April, 1.35; ay, .93; June, 3.37 inches; uly, 2.49 inches. Monthly precipitation for 996: January, 6.57 inches; Feb- ary, 1.20 inches; March, 3.55 ches; April 2.03 inches; May .89 inches; June, 5.91 inches; uly, 7.83 inches; August, 4.43 ches; September, 8.19 inches; ctober, 3.97 inches; November, .23 inches; Dec. 3.55 inches. Year recipitation for the st G ars was: 1996, 56.61 ches; 1995, 40.75 inches; 994, 40.81 inches; 1993, 41.05 ches; 1992, 38.78 inches. Average precipitation by onth for the last 84 years: anuary, 2.25 inches; February, .94 inches; March, 2.82 inches; pril, 2.80 inches; May, 3.35 ches; June, 3.77 inches; July, .82 inches; August, 3.67 inch- s; September, 2.86; inches; Oc- ber, 2.98 inches; November, .28 inches; December, 2.42 ches The highest annual precipita- on for the last 84 years was 6.61inches in 1996. Virginia Temperatures By The Associated Prena the historic buildings and every- thing," Kellenberger said. From Winchester, the two were headed for Skyline Drive and then south to Gatlinburg, Tenn., to wrap up their vacation -wedding - honeymoon trip. Since opening for business in March, Valley Wedding Chapel, which specializes in unique cer- emonies, has coordinated 36 wed- dings and has 10 more booked through the next two months, JA: . �1" Scott Kellenberger and Lori Robinson ex- Star Photo by R,,1 f„ ,, County. Performing the ceremony is Sandy change wedding vows Saturday in Frederick Snyder. Patterson said. in a small chapel, she said. specialty and theme ceremonie-, The business gives people a There's also the availability of along with small receptions, cart choice if they want to be married getting married after 5 p.m., and be arranged. Flying J's Sign Woes Continue By JASON ENGLISH the travel center's signage ac- travel ; plaza's request for a The Winchester Star cepted is one;, of the toughest. ' .;, J09 63-square-foot variance and situations W -< company . has ',A k'34-foot .height variance on There's yet another twist in ever had. He said" plans now . the same sign. `.,i ' Flying J's effort to produce an include having the- 300-square-' 'That 1,009.63-square-foot, acceptable sign size for its trav- foot sign read "Flying J" and .. 92-foot-tall sign is consistent el center being constructed have another 170-to-190- with the signs other Flying J nine miles north of Winchester square -foot sign display the gas plazas have across the country, off Interstate 81. prices. Phipps said. However, it would Flying J is requesting that, One of the 'applications ta- have been nearly three times its two variance applications,'` bled in May requested a 20-foot larger than the current largest which were tabled by the Fred- . height variance and a 198.95- sign in Frederick County. erick County Board of Zoning square -foot variance for the "Our signs average about Appeals in May, be withdrawn. sign. The other tabled applica- 1,200 square feet and 100 feet It also has submitted another tion was an appeal based on a in height," Phipps said. "For variance application for the decision made by Planning Di- us, anything less; just doesn't travel center's main sign. This rector Kris C. Tierney, who de- work. Highway traffic traveling time, Flying J is requesting a termined the Flying J facility 80 mph just, ca4't see a 300- 26-foot height variance on the does not qualify for a 500- square -foot sign."' sign, which will be 67 feet high square -foot commercial busi- The travel. plaza is on a 25- and 300 square feet in size. ness sign in the Interstate acre site off of Interstate 81 at The BZA will consider the Overlay District,":4',,x ' exit 323 . the, Whitehall exit), application at its Aug. 19 meet- On March 18, the Board of nine miles north of Winchester. ink: I IZoning Appeals denied two re- Owned by CFJ Properties in Marty Phipps, Flying J's pur- quests for. a sign variance by Brigham City, Utah, the plaza chasing manager, said getting the Flying J. It rejected the , . will offer a variety of services, including regular, trucking, and RV fuel; a 200-seat, sit- down restaurant; convenience store; barbershop; shoe shiner: showers; ATM machine; and fax and copy capabilities. Besides the one large sign, County Planner Michael Ruddy said Flying J will be raising four additional free-standing signs for its restaurant, fast food businesses, and gas prices. Those are all well within zon- ing requirements, as are the wall -mounted signs planned on the travel center itself, Ruddy said. Ruddy said Flying J is re- questing its main sign be 736 feet above sea level. The allow- able height is 710 feet above sea level. He said this sum- mer's Flying J used a crane to lift a mock sign up to deter- mine an appropriate sign height. Arts Program Expands to Shenandoah County By LISA J. DAVIS The Winchester Star For 20 years the Community Arts Program classes, and kindermusic. The program also has spread its wings into the area of adult education and is offering sev- eral classes in Winchester, and it's other satel- she said. Most of the classes are held in SU's Johr. Kerr Building on South Cameron Street in - downtown Winchester. For 30 weeks, beginning 0- t.;t 7. ,, n, 4 0- t,,1:111 • i FILE COPY April 30, 1997 iWf. S.,Mark While " Freilich, Leitner & Carlisle 1000 Plaza West 4.600 Madison Kansas City, MO 64,112-3012 RE: Flying J Travel Plaza Sign Variance Application Dear. Mr. White: Of FRF.1)FP1rPw Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 This letter is in response to the faxed revised sign variance application received by this department on April 28, 1996. The application was received in a timely manner, and we are willing to accept the application as submitted and place it on the Board of Zoning Appeals' May agenda. However, the application is lacking one critical piece of information and is, therefore, incomplete. Your response to question #11 of the application package should also address the elevation, in feet above sea level, at the point where you are proposing to locate the commercial business sign. This information is critical, as the permitted height of the sign is determined by this elevation. Based upon the elevations shown on the site plan for this project, it would appear that the proposed 6910" high sign would require an increase in the height variance requested. It may be that you have already determined that the elevation of 730' above mean sea level is sufficient to achieve the desired visibility for the sign. If this is the case, then you may wish to reduce the actual height of the sign as shown in Exhibit "D" of your variance application. Please be prepared to address this discrepancy at the May hearing. Please do not hesitate to contact me if you have any questions regarding this letter or would like additional information about the Board of Zoning Appeals' meeting on May 20, 1997. Sincerely, Michael T. Ruddy Planner I MTR/cc cc: B.Z.A. Agenda Package 107 North Kent Street - Winchester, Virginia 22601-5000 •01 0 1P, W COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 H AVICAVIJ! I OF PUBLIC ;-lPA;tl'INr May 6, 1997 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE APPLICATION #006-97 OF CFJ PROPERTIES (FLYING J) On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, May 20, 1997, at 3:25 p.m., in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This hearingis to consider the following applications: Appeal Application #006-97 of CFJ Properties (Flying J) to appeal the determination made by the Director of Planning and Development in the administration of the Zoning Ordinance regarding commercial business signs within the IA (Interstate Area) Overlay District. Variance Application #007-97 of CFJ Properties (Flying J) for a 20' sign height variance, and a 198.95-square-foot sign size variance for a business sign within the Interstate Area Overlay District. The property is located at 1530 Rest Church Road and is zoned B3 (Industrial Transition) District and IA (Interstate Area Overlay) District. The site is identified with Property Identification Number 33-9-1 in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend this meeting. A copy of the application is available for review at the Department of Planning and Development located at 107 North Kent Street in Winchester, VA. Sincerely, Michael T. Ruddy Planner I MTR/cc 107 North Kent Street - Winchester, Virginia 22601-5000 13 • 0 This is to certify that the attached correspondence was mailed to the following on P from the Department of Planning and Development, Frederic unty, Virginia: Interstate Orchards P.O. Box 2368 Winchester, VA 22604 CFJ Properties 50 West, 990 South Brigham City, Utah 84302 Freilich, Leitner & Carlisle 1000 Plaza West 4600 Madison Kansas City, M064112-3012 Rainbow Group 720 S. Braddock Street Winchester, VA 22601 Fruithill Orchard Co. P.O. Box 2368 Winchester, VA 22604 Michael T: Ruddy, Planner I Frederick Co. Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I, EAnn Ra I I , a Notary Public in and for the State and County aforesaid, do hereby certify that Michael T. Ruddy, Planner I, for the Department of Planning and Development, whose name is signed to the foregoing, dated qq has personally appeared before me and acknowledged the same in my State aM County aforesaid. Given under my hand this oh day of fa" . 09 -1 My commission expires on a IV 00LY AOWTARY�IPUBLIC Flying J P.O BOX 678 BRIGHAM CITY, UTAH 84302 RATE CHECK NO. 03/05/97 z) 4; 1, 1901 L29874- DATE INVOICE I CREDIT MEMO TYPE DESCRIPTION GROSS DISCOUNT NET 0 0 412 31 Y 7 21 7 5� 1" -11) I 27500 27500 27500 �HE ATTACHED CHECK IS IN PAYMENT FOR ITEMS DESCRIBED ABOVE. PAY Flying J P.O BOX 678 BRIGHAM CITY, UTAH 84302 DISBURSEMENT ACCOUNT oOLLArk"S At'�O Nfj UNI TO THE ORDER OF BANKERS TRUST (DELAWARE) WILMINGTON, DELAWARE IN COOPERATION WITH FIRST SECUIRITY BANK OF UTAH N 62-38 ❑ CHECK NO. 311 DATE CHECK AMOUNT Authorized 6410329 1100061,032911l 1:031100311301: 00574012110 D �ts1 0