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HomeMy WebLinkAbout07-00 Kraft Foods (Railroad Shed) - Stonewall - BackfileBOARD OF ZONING APPEALS Variance Request Tracking Sheet Date: 5-,� �- G,"' File opened I/- Reference Manual updated/number assigned D-base updated / 15 ✓ 121color location maps requested from GIS V/ Two sets of labels requested from Data Processing Q Q File given to Renee' to update Application Action Summary 0?. APPROVE MEETING DATE: FINAL ACTION: CLOSE OUT FILE: V/ Approval (or denial) letter mailed to applicant/copy made for file File stamped "approved", "denied" or "withdrawn" ,✓ Reference Manual updated D-base updated (9,2%lTd File given to Renee' for final update to Application Action Summary U:\Carol\Common\TRAC KING. BZA Revised 11/2/98 0 O CASH • Date �1�-' 001824 _ Received From a $ Ad&4 0, ,O ._ l -�_ _ _ - s -� -jam•-.. T �+�� " \, For Vc�� xZoz_ACCOUNT HOW 3 AMT OF .^ r1. T" ' ACCOUNT CASH ui AMT. PAID CHECK ,1) - '-, LL BALANCE DUE ....._ _ -' ' MONEY ORDER BY 0 • FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 June 26, 2000 Mr. Stephen M. Gyurisin TRIAD ENGINEERING P.O. Box 2397 Winchester, VA 22604 RE: VARIANCE #07-00 OF KRAFT FOODS Property Identification Number 54-A-36H Dear Steve: This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting on June 20, 2000. The Board of Zoning Appeals approved your request for a 3.5-foot side yard setback variance for a railroad siding shed. If you have any questions regarding these actions, please feel free to call this office. Sincerely, -A-m- 4&' n Amy M. Lohr Planner II AML/ch cc: Building Inspections 107 North Kent Street • Winchester, Virginia 22601-5000 VARIANCE # 07-00 Kraft Foods V 4 . - 0 • 11 BZA REVIEW DATE: 6/20/00 APPLICATION #07-00 KRAFT FOODS LOCATION: The property is located at 220 Park Center Drive. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 54-A-36H PROPERTY ZONING & USE: Zoned - M1 (Light Industrial); Land use - Industrial ADJOINING PROPERTY ZONING & USE: Zoned - M1 (Light Industrial) and 133 (Industrial Transition); Land use - Industrial and Vacant VARIANCE: A 3.5-foot side yard variance for a railroad siding shed REASON FOR VARIANCE: The applicant states that variance is necessary due to the existing size and condition of the property which they consider an extraordinary site development situation. The location of the proposed rail shed is limited due to the location of the existing railroad right-of-way and the approved rail siding location of the existing manufacturing structure. STAFF COMMENTS: Within the M1 (Light Industrial) Zoning District, the minimum side yard setback for any structure is 25 feet. Kraft Foods proposes to build a railroad shed that will serve as a loading area around the relocated CSX rail line. The south end of the building is to be located 22.1 feet from the setback line, whereas, the north end would be constructed 22.5 feet from the property line. Therefore, the applicant is requesting a 3.5-foot side yard variance to accommodate the 7,520-square-foot structure. The 243,000-square-foot Kraft Foods facility is located on 20 acres of land in the Fort Collier Industrial Park. The main building is located approximately 160 feet from the side property line which involves the requested variance. CSX has approved a rail siding relocation which will allow Kraft to receive goods and materials from the rail cars and transport them for use to the main facility. The requirements of the CSX relocation dictate the location of the railroad shed to some extent. In this area, there is limited space within which to place the proposed rail shed due to the rail line placement, the approved geometries of the railroad spur, and the sloping topography on the east side of the proposed shed. • Kraft Variance Page 2 June 12, 2000 STAFF CONCLUSION FOR DUNE 20, 2000 MEETING: The Code of Virginia, Section 15.2-2309(2) states that no variance shall be authorized by the board unless it finds that a) strict application of the Ordinance would produce an undue hardship approaching confiscation; b) that such hardship is not shared generally by other properties in the same zoning district and. the same vicinity, and; c) that the authorization of such variance will not be of substantial detriment to adjacent property, and that the character of the district will not be changed by the granting of the variance. Staff is of the opinion that the submitted variance meets the requirements set forth by the Code of Virginia. Although Kraft Foods retains the ability to utilize this property for manufacturing and warehousing, the ability to retrieve materials via the railway is crucial to these processes. The placement of the relocated rail line limits the placement options for the rail shed. The placement is further limited by the topography of the property in the location of the proposed railroad spur. Finally, the proposed encroachment does not have any detrimental effects on the adj oining properties located across the rail road right-of-way. File: O:\Agendas\BZA\Staff Report\KraRFoods.VAR.wpd ,%/ G • 0 Page l of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA tit- . •; •� ��� �� 1. The applicant is the owner other . (Check one) 2. APPLICANT: OCCUPANT: (if different) TRIAD ENGINEERING, INC. NAME: r In StanhPn M _ C,4 „ricip NAME: KRAFT GENERAL FOODS 200 Aviation Drive (22602) ADDRESS P. n Rnx 9397 (79hn4) ADDRESS: 220 Park Center Drive Winchester, VA Winchester, VA 22603 TELEPHONE: 540-667-9300 TELEPHONE: 540-678-0442 3. The property is located at (give exact directions and include State Route numbers): 220 Park Center Drive The property is located at the southwest quadrant of the intersection of State Routes 1323 and 1320. 4. The property has a road frontage of 1042 +/- feet and a depth of 810 +/- feet and consists of 20.00 acres. (please be exact) 5. The property is owned by Kraft General Foods, Inc. as evidenced by deed from Shockey Management Co. recorded (previous owner) in deed book no. 759 on page 1062 of the deed books of the Clerk of the Court for Frederick County. Attach a copy of the deed. C Page 2 of 5 6. Magisterial District: Stonewall 7. 14-Digit Property Identification No.: 8. The existing zoning of the.property is: 9. The existing use of the property is: 10. Adjoining Property: USE North Industrial East Industrial South Industrial West Vacant 54-((A))-36H M-1 Industrial ZONING M-1 M-1 M-1 B-3 11. Describe the variance sought in terms of distance and type. (For example: "A 3.50 rear yard variance for an attached two car garage.") A 3.5 rear yard variance for a railroad siding shed. 12. List specific reasons) why the variance is being sought in terms of: 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 variance is requested due to the existing.size and condition of the p roperty considered an extraordinary site development situation The location of the proposed rail shed is limited due to the location of the existing railroad right-of-way and the approved rail siding location of the existing manufacturing structure. 13. Additional comments, if any 0 page 3 of 5 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 notifd by mail of this application: NAME Crider & Shockey, Inc. of VirginiaAddress P. 0. Box 2530 Winchester, VA 22604 Property ID# 54-A-360 NAME Kraft General Foods, Inc. Address 220 Park Circle Drive Winchester, VA 22603 Property ID# 54-A-36G NAME Green Bay Packaging, Inc. Address P, 0. Box 19017 Green Bay, WI 54307 Property ID# 54-A-84 NAME Preston I. Moffett Address P. 0. Box 2870 Winchester,.VA 22604 Property ID# 54-A-85 NAME Moore's Lumber & Building Supplies Address P. 0. Box 2908 Roanoke, VA 24022 Property ID# 54A-1-A NAME Ronald S. & Velma B. Simkhovitch Address 2929 Valley Avenue Winchester, VA 22601 Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# NAME Property ID# Address MAY-25-2000 14:06 TEI WINC P.02 • Pegs S of S AGREEMENT VARIANCE #,OT-00 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) days prior 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 APPLICANTS DATE ( -2 SIGNATURE OF OWNER 7�x5 f ©a o2ryw DATE ���2s"• Zc� (if other than applicant) V F-pR A.�'z- �� Q/,s BZA PUBLIC HEARING OF V APPROVAL DENIAL -OFFICE USE ONLY- ACTION: - DATE - SIGNED: Vk <_ e C LAC--<.; _ BZA CHAIRMAN DATE: l' [ �'C I Oro - TOTAL P.02 ` N _EDGiiOF GRAVEL----- -� `-___� - _ - -----------------_--_-__—_-__ -_---------------_------_ --------- i------- --------. 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Kent Street, Winchester, Virginia. This hearing is to consider Variance #07-00 of Kraft Foods, submitted by Triad Engineering, Inc., is requesting a 3.5- foot rear yard setback variance for a railroad siding shed. This property is located at 220 Park Center Drive and is identified with Property Identification Number 54-A-36H in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend this meeting. A copy of the application will be available for review at the Handley Library (temporary Loudoun Street Mall location) approximately one week prior to the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, Michael T. Ruddy Zoning Administrator MTR/ch O.\Agen das\BZ A\ADJOINER\KraftPoods.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 This CA,n6 to certify that the attached correspondence was mailed to the following on: from the Department of Planning and Development, Fred ck County, Virginia: - - , — 54 A• - 85- - MOORE'S LUMBER & BUILDING SUPPLIES 54 A 36.0 INC CRIDER & SHOCKEY, INC. OF WVA PO BOX 2908 PO BOX 2530 ! ROANOKE, VA WINCHESTER, VA 22604.1730 24022.2908 1 _ 54A I. A-- 54 • A- - 36-G b.,, j SIMKHOVITCH, RONALD S & VELMA B KRAFT GENERAL FOODS INC 2929 VALLEY AVE C/O PROPERTY TAX DEPT WINCHESTER, VA 22601 3 LAKES DR # NF217 NORTHFIELD, IL 60093.2753 I 54 A 36-L 54 A 84• I GREEN BAY PACKAGING INC MUM 1 1, FRIES TON I. PO BOX 2870 WINCHESTER, VA. 22604.2070 STATE OF VIRGINIA. COUNTY OF FREDERICK PO BOX 19017 GREEN BAY, WI 54307.9017 Michael T. Ruddy, Zoning Ad strator Frederick County Planning apartment I, ffin a Notary Public in and for the State and County aforesaid, do hereby certify that Michael T. Ruddy, Zoning Administratprfor the Department of Planning and Development, whose name is signed to the foregoing, dated ro • to • C)o , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day off Lane , amc) , i— My commission expires on Ff- ci a, i o 4civ NOTARY PUBLIC TO: Barbara in Data Processing page 3 of 5 FROM: Pla g Department _o Please prin7Z/ sets of labels by: �. 14. The foild r' D THANK YOU!! or corporations owning 1�/r property adjac( lcluding properties at the sides, rear anu ui �,� �� �a�iv�� siicci UVul� IR;-subjULA property. (Use additional pages if necessary.) These people will be notifd by mail of this application: NAME Crider & Shockey, Inc. of VirginiaAddress P. 0. Box 2530 Winchester, VA 22604 Property ID# 54-A-360 ✓ CA NAME Kraft General Foods, Inc. Address -� I Property IN 54-A-36G N v r*fi Ucl I -C L- C00vQ3 NAME Green Bay Packaging, Inc. Address P •, 0. Box 19017 Green Bay, WI 54307 Property ID# 54-A-84 NAME Preston I. Moffett Address P . 0. Box 2870 Winchester, VA 22604 Property ID# 54-A-85 ✓ NAME Moore's Lumber & Building Supplies Address P. 0. Box 2908 Roanoke, VA 24022 Property IN 54A-1-A NAME Ronald S. & Velma B. Simkhovitch Address 2929 Valley Avenue Winchester, VA 22601 Property IN.s `i • � �,.3 & L-- - NAME-- _ ►.Lv,-- a�G�n Address `- 0, oy I�017 �Ir4eO Bc y, (AM P rtY NAME Address Property ID# NAME Property ID# NAME Property ID# Address Address urawing iso 20o I Number: I I CF 6K759i'G1062 THIS DEED, made this 30t day of 1991, m by and between SHOCKEY MANAGEMENT COMPANY, a Virginia Corporation ' hereinafter called the Grantor, and KRAFT GENERAL FOODS, INC., G 9 a Delaware Corporation, hereinafter called the Grantee. U .y WITNESSETH: That in consideration of the sum of -� Ten Dollars ($10.00), and other valuable considerations paid 2 the Grantor by the Grantee on or before the delivery of this a TO N Deed, the receipt of all of which is hereby acknowledged, the Grantor hereby grants, sells and conveys, with general warranty �. 3 and with English covenants of title, unto the Grantee, in fee , simple, the following real estate, together with all improvements 43 N and appurtenances thereto belonging but subject to all easements and legally enforceable restrictions and reservations of record affecting such realty: All of that certain parcel of land, 1. ing and being situate in Stonewall Magisterial District, Frederick County, Virginia, containing 20.000 acros, as shown on that certain plat and survey of H. Bruce Edens, L.S., dated February 18, 1991, recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 758, at Page 438, and further described by metes and bounds as follows: Beginning at an iron pin set in the Chessie System R/W and the southwestern side of the 60' R/W of Park Center Drive; thence with said R/W for the three following courses S 460 13' 37" E - 505.14' to an iron pin set; thence S 39' 23' 03" E - 100.72' to an iron pin set; thence S 46' 13' 37" E - 131.91' to an iron pin set at the P.C. of a curve; thence with the arc of said curve to the right 81.68' (Radius = 50.00' - Chord = S 00° 34' 23" W - 72.901) to an iron pin set on the northwestern side of the 60' R/W of West Brooke Road; thence with said R/W S 470 22' 23" W 1042.17' to an iron pin set corner to a 10.00 acre parcel; thence with a division line N 420 37' 37" W - 810.00' to an iron pin set in the R/W of Chessie System Railroad; thence with said R/W for the two following courses N 470 22' 23" E - 801.05' to an iron pin set at the P. C. of a curve; SKUN. rce"OUSH thence with the arc of said curve to the right 257. 81' aMOCKWOoo (Radius - 1616.93' - Chord - N 51° 56' 27" E - 257.53' ) A"Deftnu uWu to the beginning. This is the same property which tucrirrn, nea� wM MCCAMOULI • wcv000 A""09M At LAW eKiSS;�,(063 was conveyed to the Grantor by Deed dated (ill_ 3C , 1991, and recorded in said Clerk's Officemea_ prior hereto. The property hereby conveyed shall be subject to the provisions of those certain Protective Covenants of Fort Collier Industrial Park, Frederick County, Virginia, recorded in said Clerk's Office in Deed Book 746, at Page 1575, which shall be covenants real, running with the land. The Grantee, by its signature hereon, agrees that it and its successors in title shall be bound by said Protective Covenants. WITNESS the following signature and seal: SrOCKEY MANAGEMENT COMPANY, a Virginia Corporation By Z4-�e! � l)%Ce" Presi nt STATE OF VIRGINIA, CITY/COUNTY OF to -wit: The foregoing instrument was acknowledged before me this 0_a_ day of , 1991, by VICe who is President of Shockey Management Company, a Virginia Corporation, on behalf of the cprpordtion. My commission expires 6LLJ_t Notary Pu j, -2- SEAM ..occoe. rowrn n w Uneww" BK759PG1064 LKRAFT RAL FOODS, INC. D w corporation By _(SEAL) Vice resident STATE OF ILLINOIS City/County of COOK to -wit: The foregoing instrument was akcnowledged before me this 26thdsy of April, 1991, by R. J. Herrmann , who is Vice President of [raft General Foods, Inc. My commission expires Lq 7;d Notary Pub c E*OFFICIAL SEAL " ULIA ES lllic. STATE Of Ittikol'551�1 AlEXPRES 4/F. VIRGINM FREDERICK COwe y, SCT*produced to me on the This instrument of rlt� in6Gj� ;! a �0 0,RN ,i�, V ili and with cc? d t:ryrecord�7ax ePos�:'= was adm t �ssEs`�:a s �p� and 58.54 here been F; c� 9� CLERK 9 P.O. Box 2397 _ L:;IAD Winchester, VA 22604 Phone 540-667-9300 FAX 540-667-2260 May 25, 2000 Mr. Mike Ruddy, Zoning Administrator Frederick County Planning Department 107 North Kent Street Winchester, VA 22601 RE: Request for Variance Kraft General Foods, Inc. - Rail Siding Shed Frederick County, Virginia Dear Mike, Please find enclosed a completed and signed application for a 3.5' variance of the rear yard setback for the proposed Kraft General Foods, Inc.rail siding shed. You will find attached the required application fee of $300.00 and various exhibits illustrating our request. It is my . understanding that this application will. be presented to the Frederick County Board .of Zoning Appeals. on Tuesday, June 20, 2000 at 3 :25pm. Sincerely, TRIAD ENGINEERING, INC. enclosures cc: Mr. Tom Cornell, Kraft General Foods, Inc. Mr. Jim Broadway, Kraft General Foods, Inc. Mr. Jay Johnson, Triad Engineering, Inc. Mr. Matt Robertson, Triad Engineering, Inc. Mr. John Riley, Frederick County, VA. Mr. John Trenary, Frederick County, VA Ms. June Wilmont, Winc./ Fred. E.D.C. •'E VEl.» DEPT, OF PLANNINGIDEVELOPMENT Triad Engineering, Inc. Morgantown • St. Albans • Logan Greensburg West Virginia Pennsylvania Winchester • Harrisonburg Virginia