022-18 (CUPTrailerDropLLC)
CONDITIONAL USE PERMIT #08-18
TRAILER DROP, LLC
Staff Report for the Board Supervisors
Prepared: August 30, 2018
Staff Contact: Mark R. Cheran, Zoning Administrator
Reviewed Action
Planning Commission:
06/20/18 Public Hearing Held; Postponed 45 Days
Planning Commission:
08/15/18 Recommend Approval
Board of Supervisors:
09/12/18 Pending
PROPOSAL:
Request for a Conditional Use Permit (CUP) for a tractor truck and tractor truck trailer
parking use.
LOCATION
: The subject property is located in Stonewall Industrial Park at the end of McGhee
Road (Route 861), Winchester.
EXECUTIVE SUMMARY AND PLANNING COMMISSION RECOMMENDATIONS FOR
THE 09/12/18 BOARD OF SUPERVISORS MEETING:
This is a request for a Conditional Use Permit (CUP) for a tractor truck and tractor truck trailer
parking located within the Stonewall Industrial Park. This CUP use would not have any significant
impacts on the adjoining properties. The 2035 Comprehensive Plan identifies this property within an
area of the County intended to remain industrial in nature. This CUP should implement the policies
expressed in the Comprehensive Plan, in particular, addressing future Route 37, which is a feature of
n Road Plan.
The Planning Commission at its June 6, 2018 meeting held a public hearing on this proposed use.
The Planning Commission postponed action on this item to allow the Applicant the opportunity to
work with Staff on additional conditions to address construction of structures within the proposed
Route 37 Right-Of-Way (R-O-W). The Planning Commission expressed that this application should
address the Route 37 right-of-way, it should ensure that structures associated with the future are not
located in the future R-O-W. Staff has amended Condition #2 and added Condition #4 to address the
concerns raised by the Planning Commission.
Should the Board of Supervisors find this use appropriate, the Planning Commission would
recommend the following conditions be placed on the CUP:
1.All review agency comments and requirements shall be complied with at all times.
2.
The site plan for this property shall be designed to accommodate the future Route 37 R-O-W.
No structures shall be located within the future Route 37 R-O-W.
3.The site shall meet the requirements of the Frederick County Zoning Ordinance Section 165-
204.24 Tractor truck and Tractor truck trailer parking.
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CUP #08-18, Trailer Drop, LLC
August 30, 2018
At such time this property develops with a by-right M1 light industrial use, this
4.
conditional use permit shall be null and void.
5.Any expansion or change of use shall require a new Conditional Use Permit.
Relative to the Comprehensive Plan, however, Staff notes that the conditions do not otherwise
provide for the acquisition of the future Route 37 R-O-W.
Following the public hearing, a decision regarding this Conditional Use Permit application by the
Board of Supervisors would be appropriate. The Applicant should be prepared to adequately
address all concerns raised by the Board of Supervisors.
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CUP #08-18, Trailer Drop, LLC
August 30, 2018
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on this
application. It may also be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission:
06/20/18 Public Hearing Held; Postponed 45 Days
Planning Commission:
08/15/18 Recommend Approval
Board of Supervisors:
09/12/18 Pending
PROPOSAL:
Request for a Conditional Use Permit (CUP) for tractor truck and tractor truck trailer
parking use.
LOCATION
: The subject property is located in Stonewall Industrial Park at the end of McGhee
Road (Route 861), Winchester.
MAGISTERIAL DISTRICT:
Stonewall
PROPERTY ID NUMBER:
43-19-64
PROPERTY ZONING:
M1 (Light Industrial) District
PRESENT USE:
Vacant
ADJOINING PROPERTY ZONING & PRESENT USE:
North: M1 (Light Industrial) Use: Industrial
South: M1 (Light Industrial) Use: Industrial
East: RA (Rural Areas) Use: Agricultural
West: RA (Rural Areas) Use: Agricultural
REVIEW EVALUATIONS:
Virginia Department of Transportation:
The application for a Conditional Use Permit for this
property appears to have a measurable impact on Route 861, the VDOT facility which would provide
access to the property as noted in the application. This VDOT office supports this CUP request.
Prior to operation of the business a commercial entrance must be constructed on McGhee Road, to
our standards to allow safe ingress of -of-way must be
covered under a land use permit. The permit is issued by this office and requires an inspection fee
and bond surety.
Frederick Water:
The requested use does not propose to utilize Frederick Wat
services. Frederick Water offer no comments.
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CUP #08-18, Trailer Drop, LLC
August 30, 2018
Frederick County Fire Marshal:
Approved.
Planning and Zoning:
The Frederick County Zoning Ordinance allows for tractor truck and tractor
truck trailer parking use as a conditional use in the M1 (Light Industrial) Zoning District with an
approved Conditional Use Permit (CUP). This proposed tractor truck and tractor truck trailer parking
lot will be located within the Stonewall Industrial Park.
The 2035 Comprehensive Plan of Frederick County is an official public
document that serves as the Community's guide for making decisions regarding land use actions.
The Northeast Land Use Plan and the Eastern Road Plan of the Comprehensive Plan
depicts future Route 37 on the western boundary of this property. The Area Plan is the primary
implementation tool and will be instrumental to the future planning efforts of the County. A goal of
the Area P Route 37.
The Frederick County Zoning Ordinance addresses a CUP as a land use action,
(Sections 165-103.01 and 165-103.04), and as with any land use action the goals of the
Comprehensive Plan should be implemented. Relative to the Comprehensive Plan, however, Staff
notes that the conditions do not provide for the acquisition of the future Route 37 R-O-W.
EXECUTIVE SUMMARY AND STAFF CONCLUSIONS FOR THE 06/20/18 PLANNING
COMMISSION MEETING:
This is a request for a Conditional Use Permit (CUP) for a tractor truck and tractor truck trailer
parking located within the Stonewall Industrial Park. This CUP use would not have any significant
impacts on the adjoining properties. The 2035 Comprehensive Plan identifies this property within an
area of the County intended to remain industrial in nature. This CUP should implement the policies
expressed in the Comprehensive Plan, in particular, addressing future Route 37, which is a feature of
Should the Planning Commission find this use appropriate, Staff would recommend the following
conditions be placed on the CUP:
1.All review agency comments and requirements shall be complied with at all times.
2.The site plan for this property shall be designed to accommodate the future Route 37 R-O-W.
3.The site shall meet the requirements of the Frederick County Zoning Ordinance Section 165-
204.24 Tractor truck and Tractor truck trailer parking.
4.Any expansion or change of use shall require a new Conditional Use Permit.
Relative to the Comprehensive Plan, however, Staff notes that the conditions do not provide for the
acquisition of the future Route 37 R-O-W.
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CUP #08-18, Trailer Drop, LLC
August 30, 2018
PLANNING COMMISSION SUMMARY AND ACTION OF THE 06/20/18 MEETING:
Staff began by presenting a location map of the property. Mr. Cheran reported this is a request for a
Conditional Use Permit (CUP) for a tractor truck and tractor truck trailer parking located within the
Stonewall Industrial Park. Staff noted, this CUP use would not have any significant impacts on the
adjoining properties. Staff continued, the Zoning Ordinance allows for tractor truck and tractor truck
trailer parking use as a conditional use in the M1 Zoning District with an approved CUP. Staff noted
the Northeast Land Use Plan and the Eastern Road Plan of the Comprehensive Plan depicts future
Route 37 on the western boundary of this property. Staff presented mapping of the future Route 37
and a drawing provided by the Applicant. Mr. Cheran explained, a goal of the Area Plan and the
Eastern Road Plan is the implementation of Route 37. Staff continued, the Zoning Ordinance
addresses a CUP as a land use action and as with any land use action the goals of the Comprehensive
Plan should be implemented. Mr. Cheran noted, the application does not provide for the acquisition
of the future Route 37 right-of-way. Staff would recommend the following conditions:
1.All review agency comments and requirements must be complied with at all times.
2.The site plan for this property shall be designed to accommodate the future Route 37
R-O-W.
3.The site shall meet the requirements of the Frederick County Zoning Ordinance Section
165-204.24 Tractor truck and Tractor truck trailer parking.
4.Any expansion or change of use shall require a new Conditional Use Permit.
A Commission Member requested clarification on the mapping that was presented highlighting
Route 37 R-O-W. Staff explained the map shows the alignment of Route 37 and its components.
The Commission Member inquired if the owner of the property could by-right construct a building
on the site. Staff stated that is correct. The Commissioner asked what legal probability the County
would have by not approving something being built on this property. Staff noted the land use plans
would have an impact on this. The Commission Member commented, this being a gravel parking lot,
there is no permanent implement there that would be in the way of building Route 37; there is no
easement on the property therefore, it would increase the amount the County or State would have to
pay to get the easement; he asked if that is a fair assessment. Staff responded that is a fair
assumption. The Commission Member inquired if the easement dedication should possibly be made
part of the conditions. Erin L. Swisshelm, Assistant County Attorney, commented it is not
recommended the R-O-W dedication of Route 37 be made part of the conditions for this CUP as it
would possibly not survive the legal challenge. The Commission Member noted this is confusing; it
is believed it could survive a legal challenge of not allowing the Applicant to build anything on the
property but could not survive a challenge of asking the R-O-W to be dedicated at a future time as
part of the conditions.
A Commission Member commented, we are not following the Comprehensive Plan; when we
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CUP #08-18, Trailer Drop, LLC
August 30, 2018
word accommodate is a very vague statement. The Commission Member continued, after Condition
the acquisition of the future Route 37 R-O-
the advice of the County Attorney is to recognize the importance of Route 37 and to recognize there
is the opportunity for the R-O-W to be shown on the site plan and if the Applicant would choose
there is the ability for that to be a component of a condition. He continued, the preferable way would
be to recognize Route 37 and show that all site improvements are out of the R-O-W and Condition #2
appears to do that. He concluded, it is also important to recognize this may be a temporary use.
A Commission Member commented she is concerned with the traffic in this area. Staff explained
that during the site plan process a TIA maybe required. A Commission Member commented the
biggest hurdle is the R-O-W for Route 37 being recognized. Staff responded in Condition #2 it
stat-O-
A Commission Member shared his concern that this will be setting a precedent by allowing
development in the R-O-W of Route 37; he would much rather see gravel on the site than a building.
A Commission Member stated the Comprehensive Plan clearly states the Route 37 R-O-W; does this
accommodate the intent of the Comprehensive Plan. A Commission Member disagreed, he feels
Condition #2 takes care of the R-O-W issue. Staff explained, the Planning Commission needs to be
clear on what that condition reads; the accommodation for the Route 37 R-O-W should be recognized
and the site improvements should be outside of that R-O-W. He continued, the picture shown on the
condition would be that the improvements are only outside of the R-O-
it is not a dedication but recognizing all site improvements be out of the R-O-W. A Commission
on the property.
Mr. Timothy Stowe of Stowe Engineering, PLC, representing the Applicant explained this is a gravel
parking lot and nothing more; it will not impede the development of Route 37. Mr. Stowe continued,
the Applicant received comments from Planning Staff and the Applicant feels Condition #2 needs
rty shows the future Route 37 R-O-W
accompany the CUP, and this project takes a piece of land and provides a need in the industrial park
and puts this land to use.
A Commission Member asked if the Applicant would be willing to put on the site plan a line that
shows the future dedication of Route 37; no vertical development will occur in this zone. Mr. Stowe
noted that is the intent and to keep it as parking only. A Commission Member asked if they are
willing to do that, why not configure now. Mr. Stowe replied the Owner would like the benefit of
using the area that is dedicated for the future R-O-W until such time Route 37 will be developed
further.
A property owner in the Stonewall Industrial Park came forward and requested consideration be
given for a rezoning rather than a CUP. He noted, he is not in specific opposition to the Conditional
Use; treat with consideration with regards to previous rezoning.
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CUP #08-18, Trailer Drop, LLC
August 30, 2018
A Commission Member concluded he is concerned the Applicant could build on this property rather
than just a gravel parking lot and does not feel traffic will be an issue. The Commissioner noted the
possibility of including something that will take care of the legal aspects while also adhering to the
Comprehensive Plan. A Commission Member commented he would prefer the Planning Commission
not wordsmith a condition at this point; there is an agreement to get there, given the importance of
the issue to have the opportunity for the language to be checked and presented with a favorable
opinion from the County Attorney.
A motion was made, seconded, and unanimously passed to postpone CUP #08-18 Trailer Drop LLC
for a period of 45 days.
Abstain: Commissioner Oates
(Note: Commissioners Marston and Triplett were absent from the meeting.)
EXECUTIVE SUMMARY AND PLANNING COMMISSION RECOMMENDATIONS FOR
THE 08/15/18 PLANNING COMMISSION MEETING:
This is a request for a Conditional Use Permit (CUP) for a tractor truck and tractor truck trailer
parking located within the Stonewall Industrial Park. This CUP use would not have any significant
impacts on the adjoining properties. The 2035 Comprehensive Plan identifies this property within an
area of the County intended to remain industrial in nature. This CUP should implement the policies
expressed in the Comprehensive Plan, in particular, addressing future Route 37, which is a feature of
The Planning Commission at its June 6, 2018 meeting held a public hearing on this proposed use.
The Planning Commission postponed action on this item to allow the Applicant the opportunity to
work with Staff on additional conditions to address construction of structures within the proposed
Route 37 Right-Of-Way (R-O-W). The Planning Commission expressed that this application should
address the Route 37 right-of-way, it should ensure that structures associated with the future are not
located in the future R-O-W. Staff has amended Condition #2 and added Condition #4 to address the
concerns raised by the Planning Commission. (In bold)
Should the Board of Supervisors find this use appropriate, the Planning Commission would
recommend the following conditions be placed on the CUP:
1All review agency comments and requirements shall be complied with at all times.
2. The site plan for this property shall be designed to accommodate the future Route 37 R-O-W.
No structures shall be located within the future Route 37 R-O-W.
3. The site shall meet the requirements of the Frederick County Zoning Ordinance Section 165-
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CUP #08-18, Trailer Drop, LLC
August 30, 2018
204.24 Tractor truck and Tractor truck trailer parking.
4. At such time this property develops with a by-right M1 light industrial use, this
conditional use permit shall be null and void.
5. Any expansion or change of use shall require a new Conditional Use Permit.
Relative to the Comprehensive Plan, however, Staff notes that the conditions do not otherwise
provide for the acquisition of the future Route 37 R-O-W.
PLANNING COMMISSION SUMMARY AND ACTION FOR THE 08/15/18 MEETING:
Staff reported this is a request for a tractor truck and tractor truck trailer parking use, as a Conditional
Use in the M1 (Light Industrial) District. A locations map of the property was presented. Staff
continued, this item was postponed for 45 days at the June 6, 2018 meeting to allow the Applicant
the opportunity to work with Staff on additional conditions to address construction of structures
within the Route 37 R-O-W. It was explained, a goal of the area plan and the Eastern Road Plan is
the implementation of Route 37; the Zoning Ordinance addresses a CUP as a land use action and as
with any land use action the goals of the Comprehensive Plan should be implemented. Staff noted,
the Application does not provide for the acquisition of the future Route 37 R-O-W. Staff
recommended the following conditions:
1.All review agency comments and requirements must be complied with at all times.
2.The site plan for this property shall be designed to accommodate the future Route 37 R-O-W.
No structures shall be located within the future Route 37 R-O-W.
3.The site shall meet the requirements of the Frederick County Zoning Ordinance Section 165-
204.24 Tractor truck and truck trailer parking.
4. At such time this property develops with a by-right M1 (Light Industrial) use, this
Conditional Use Permit shall be null and void.
5.Any expansion or change of use shall require a new Conditional Use Permit.
Mr. Tim Stowe of Stowe Engineering, LLC commented the property owner has reviewed the
conditions and is satisfied and will comply with them.
A Commission Member shared, he remains concerned why Route 37 is not being dedicated on this.
A motion was made, seconded, and unanimously passed to recommend approval of Conditional Use
Permit #08-18 for Trailer Drop, LLC.
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CUP #08-18, Trailer Drop, LLC
August 30, 2018
(Note: Commissioner Molden and Commissioner Thomas were absent from the meeting.)
EXECUTIVE SUMMARY AND PLANNING COMMISSION RECOMMENDATION FOR
THE 08/15/18 BOARD OF SUPERVISORS MEETING:
This is a request for a Conditional Use Permit (CUP) for a tractor truck and tractor truck trailer
parking located within the Stonewall Industrial Park. This CUP use would not have any significant
impacts on the adjoining properties. The 2035 Comprehensive Plan identifies this property within an
area of the County intended to remain industrial in nature. This CUP should implement the policies
expressed in the Comprehensive Plan, in particular, addressing future Route 37, which is a feature of
The Planning Commission at its June 6, 2018 meeting held a public hearing on this proposed use.
The Planning Commission postponed action on this item to allow the Applicant the opportunity to
work with Staff on additional conditions to address construction of structures within the proposed
Route 37 Right-Of-Way (R-O-W). The Planning Commission expressed that this application should
address the Route 37 right-of-way, it should ensure that structures associated with the future are not
located in the future R-O-W. Staff has amended Condition #2 and added Condition #4 to address the
concerns raised by the Planning Commission.
Should the Board of Supervisors find this use appropriate, Staff would recommend the following
conditions be placed on the CUP:
1.All review agency comments and requirements shall be complied with at all times.
2.The site plan for this property shall be designed to accommodate the future Route 37 R-O-W.
No structures shall be located within the future Route 37 R-O-W.
3.The site shall meet the requirements of the Frederick County Zoning Ordinance Section 165-
204.24 Tractor truck and Tractor truck trailer parking.
At such time this property develops with a by-right M1 light industrial use, this
4.
conditional use permit shall be null and void.
5.Any expansion or change of use shall require a new Conditional Use Permit.
Relative to the Comprehensive Plan, however, Staff notes that the conditions do not otherwise
provide for the acquisition of the future Route 37 R-O-W.
Following the public hearing, a decision regarding this Conditional Use Permit application by the
Board of Supervisors would be appropriate. The Applicant should be prepared to adequately
address all concerns raised by the Board of Supervisors.
CUP # 08 - 18
625
MCGHEE RD
650
Trailer Drop, LLC
MCGHEE RD
PIN:
43 - 19 - 64
Tractor Truck and Tractor Truck Trailer Parking
Location Map
645
656
MCGHEE RD
MCGHEE RD
657
MCGHEE RD
CUP #08-18
43 19 64
384
334
TYSON DR
HANDLEY DR
396
TYSON DR
420
LENOIR DR
01
01
37
11
CUP # 08 - 18
Note:
Frederick County Dept of
Trailer Drop, LLC
Planning & Development
I
107 N Kent St
PIN:
Suite 202
43 - 19 - 64
Winchester, VA 22601
Tractor Truck and
540 - 665 - 5651
Tractor Truck Trailer Parking
Applications
Map Created: May 30, 2018
Location Map
Parcels
Staff: mcheran
Building Footprints
0105210420Feet
CUP # 08 - 18
625
MCGHEE RD
650
Trailer Drop, LLC
MCGHEE RD
PIN:
43 - 19 - 64
Tractor Truck and Tractor Truck Trailer Parking
Zoning Map
645
656
MCGHEE RD
MCGHEE RD
657
MCGHEE RD
CUP #08-18
43 19 64
384
334
TYSON DR
HANDLEY DR
396
TYSON DR
420
LENOIR DR
Applications
Parcels
Building Footprints
B1 (Neighborhood Business District)
B2 (General Business District)
B3 (Industrial Transition District)
EM (Extractive Manufacturing District)
01
01
HE (Higher Education District)
37
11
M1 (Light Industrial District)
CUP # 08 - 18
Note:
M2 (Industrial General District)
Frederick County Dept of
MH1 (Mobile Home Community District)Trailer Drop, LLC
Planning & Development
I
MS (Medical Support District)
107 N Kent St
PIN:
Suite 202
OM (Office - Manufacturing Park)
43 - 19 - 64
Winchester, VA 22601
Tractor Truck and
R4 (Residential Planned Community District)
540 - 665 - 5651
Tractor Truck Trailer Parking
R5 (Residential Recreational Community District)
Map Created: May 30, 2018
Zoning Map
RA (Rural Areas District)
Staff: mcheran
RP (Residential Performance District)
0105210420Feet