007-21 (CUPWinchesterColdStorage) CO
4 ORDINANCE
173
Action:
PLANNING COMMISSION: June 16, 2021 Recommended Approval
BOARD OF SUPERVISORS: July 14, 2021 Approved
ORDINANCE
CONDITIONAL USE PERMIT #03-21
WINCHESTER COLD STORAGE
WHEREAS, CONDITIONAL USE PERMIT APPLICATION#03-21 was submitted by Winchester
Cold Storage to allow for a tractor truck and tractor truck trailer parking facility. The property is located
on Brooke Road,Winchester,Virginia and is further identified with Property Identification Number 54-4-4
in the Stonewall Magisterial District; and
WHEREAS,the Frederick County Planning Commission held a public hearing on this Conditional Use
Permit on June 16, 2021, and recommended approval with conditions; and
WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Conditional
Use Permit during their regular meeting on July 14, 2021; and
WHEREAS, the Frederick County Board of Supervisors finds the approval of this Conditional Use
Pen-nit to be in the best interest of the public health, safety, welfare, and in conformance with the
Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that
Chapter 165 of the Frederick County Code,Zoning,is amended to revise the zoning map to reflect that
Conditional Use Permit#03-21 to allow for a Tractor truck and tractor truck trailer parking facility on the
parcel identified with Property Identification Number 54-4-4 is approved with the following conditions:
1. All review agency comments and requirements shall be complied with at all times.
2. A site plan shall be submitted and approved by Frederick County prior to the establishment
of this use.
3. No new entrance shall be constructed from Brooke Road (Route 1322) for this Conditional
Use Pernit; access shall only occur via an interparcel connection with PIN: 54-4-3.
4. The site plan shall meet the requirements of the Frederick County Zoning Ordinance Section
165-204.24 Tractor truck and tractor truck trailer parking.
This ordinance shall be in effect on the date of adoption. Passed this 14h day of July 2021 by the
RES# 007-21
following recorded vote:
Charles S. DeHaven, Jr., Chairman Aye Shawn L. Graber Aye
J. Douglas McCarthy Aye Robert W. Wells Aye
David D. Stegmaier Aye Judith McCann-Slaughter Abstained
Blaine P. Dunn Aye
A COPY ATTEST
Mary MT. Pricp=
Interim Frederick County Administrator
RES# 007-21
CONDITIONAL USE PERMIT #03-21
w a Winchester Cold Storage-Parking Facility
Staff Report for the Board of Supervisors
,�rnl9 Prepared: July 1,2021
1738
Staff Contact: Mark R. Cheran, Zoning Administrator
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 request. It may also be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission: 06/16/21 Recommended Approval
Board of Supervisors: 07/14/21 Pending
EXECUTIVE SUMMARY:
This is a request for a Conditional Use Permit (CUP) for a tractor truck and tractor truck trailer
parking facility located on Brooke Road, within the Fort Collier Industrial Park. Access to this
proposed facility shall only occur via an interparcel connection with PIN: 54-4-3 — no new
access shall be permitted on Brooke Road. The 2035 Comprehensive Plan identifies this
property within an area of the County intended to remain industrial in nature. It appears that this
proposed use would not have significant impacts on adjoining properties.
The Planning Commission held a public hearing for this application at their meeting on June 16,
2021, and recommended approval. Should the Board of Supervisors find this application to be
appropriate, the Planning Commission recommended that the following conditions be attached to
the CUP:
1. All review agency comments and requirements shall be complied with at all times.
2. A site plan shall be submitted and approved by Frederick County prior to the establishment
of this use.
3. No new entrance shall be constructed from Brooke Road (Route 1322)for this Conditional
Use Permit; access shall only occur via an interparcel connection with PIN: 54-4-3.
4. The site plan shall meet the requirements of the Frederick County Zoning Ordinance Section
165-204.24 Tractor truck and tractor truck trailer parking.
Following this 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.
Page 2
CUP#03-21, Winchester Cold Storage
July 1, 2021
LOCATION: The subject property is located on Brooke Road in the Fort Collier Industrial
Park.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 54-4-4
PROPERTY ZONING& PRESENT USE: Zoned: M1 (Light Industrial)
Land Use: Vacant
ADJOINING PROPERTY ZONING & PRESENT USE:
North: M1 (Light Industrial) Use: Warehouse
South: M2 (Industrial General) Use: Fueling station
East: M1 (Light Industrial) Use: Warehouse
West: M1 (Light Industrial) Use: Warehouse
PROPOSED USE: Request for a Conditional Use Permit (CUP) for tractor truck and tractor
truck trailer parking use.
REVIEW EVALUATIONS:
Virginia Department of Transportation: The application for a Conditional Use Permit for this
property appears to have little measurable impact on Route 1322 (Brooke Road), the VDOT
facility providing access to the property. The existing entrance on Route 1322 appears adequate
for the proposed CUP. Should the use ever expand in the future, the entrance will need to be
reviewed to determine if additional improvements may be required.
Frederick County Inspections: No comments for trailer parking.
Frederick County Fire Marshall: Approved
Frederick Water: The subject parcel is in the SWSA. Frederick Water will provide comments
at the site plan submission.
City of Winchester: No comments.
Planning and Zoning:
The Comprehensive Plan
The 2035 Comprehensive Plan of Frederick County ("Comprehensive Plan") is a guide for
Page 3
CUP 903-21, Winchester Cold Storage
July 1, 2021
making decisions regarding land use actions. The Northeast Land Use Plan ("Area Plan") of the
Comprehensive Plan identifies this property within an area of the County intended to remain
industrial in nature. This is a request for a Conditional Use Permit (CUP) for a tractor truck and
tractor truck trailer parking located within the Fort Collier Industrial Park and is surrounded M1
zoned properties and uses. Therefore, it appears that this proposed use would not have significant
impacts on the adjoining properties.
The Zoning Ordinance
The Frederick County Zoning Ordinance allows for tractor truck and tractor truck trailer parking
as a conditional use in the Ml (Light Industrial) Zoning District with an approved Conditional
Use Permit(CUP).
The Zoning Ordinance contains supplementary use regulations that apply to tractor truck and
tractor truck trailer parking facilities as follows:
• All areas utilized for the parking of tractor trucks and the storage of trailers shall utilize a
gravel or paved surface.
• All paved and gravel surfaces shall be properly maintained to ensure that dirt, mud,
gravel or the like is not distributed onto roadways.
• No inoperable tractor trucks or damaged/salvage trailers, or unlicensed trailers shall be
parked or stored on the site.
• Fuel sales shall not be permitted.
• Maintenance of trucks and trailers shall not be permitted.
• Facilities shall be required to landscape the yard area within the front setback to provide
for a double row of evergreen trees that are staggered and planted a maximum of 12 feet
on center. The side and rear yards shall be planted with a single row of evergreen trees
that are planted a maximum of 40 feet on center. All trees shall be a minimum of four
feet in height at the time of planting. The Board of Supervisors may allow for alternative
landscaping based on topography and/or adjacent land uses.
• A site plan in accordance with the requirements of Article VIII shall be submitted to and
approved by Frederick County.
PLANNING COMMISSION SUMMARY AND ACTION FROM THE 06/16/21
MEETING:
Staff reported that this is a request for a Conditional Use Permit (CUP) for a tractor truck and
tractor truck trailer parking facility located within the Fort Collier Industrial Park; this use is only
permitted as a conditional use in the M1 (Light Industrial)District. The site is located on Brooke
Road, adjacent to the existing Winchester Cold Storage facility, in the Stonewall Magisterial
Page 4
CUP 903-21, Winchester Cold Storage
July 1, 2021
District. Staff then provided an overview of the supplementary use regulations that pertain to
parking as outlined in the zoning ordinance and then provided an outline of the proposed
conditions.
The Planning Commission requested clarification on the need for this CUP and if it was due to
the site being a stand-alone facility (not accessory to the adjacent warehouse); staff confirmed
that the CUP is necessary to operate as a stand-alone facility. The Commission questioned
where access would occur from, and if any is proposed from Smithfield Avenue and if the site
would be paved or gravel; Staff stated that the only access permitted will be from an interparcel
connector with the Cold Storage and it will be paved or gravel.
Mr. Tim Stowe, of Stowe Engineering P.L.C., on behalf of the Applicant, commented this is an
opportunity to help a local business operate more efficiently.
A motion was made, seconded, and unanimously passed to recommend approval of CUP 903-21
Winchester Cold Storage (Tractor Trailer Parking).
(Note: Commissioner Kozel was absent from the meeting)
Following this 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 # 03 - 21 : Winchester Cold Storage
PIN: 54 - 4 - 4
Parking Facility
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_ 107 N Kent St
Winchester,VA 22601
540-665-5651
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APPLICATION FOR CONDITIONAL USE PERMIT
FREDERICK COUNTY,VIRGINIA
1. Applicant(check one): Property Owner Other
NAME: Winchester Cold Storage
ADDRESS: 605 North Loudoun Street, Winchester, VA 22601
TELEPHONE: (540) 662-4151
2. Please list a]I owners,occupants, or parties in interest of the property:
Winchester Cold Storage
3. The property is located at: (please give exact directions and include the route number of
your road or street)
190 Brooke Road next to WC&s existing freezer facility
4, The property has a road frontage of 242.3' feet and a depth of 927' feet and
Consists of 7.052 acres.(Please be exact)
5. The property is Owned by WINCHESTER COLO}STORAGE,LC as
evidenced by deed from Lenoir City Company of Tennessee (previous owner) recorded in
deed book no. 030005223 on page_,_ , as recorded in the records of the Clerk of the
Circuit Court, County of I'rederick.
6. Prope►ly Identification Number(P.[.N.)54-M-4
Magisterial District Stonewall
Current Zoning M-1 -
5
7. Adjoining Property:
USE ZONING
North Industrial M-1
East Industrial 14--1
South Industrial M-1
West Industrial M-1
8. The type Of use proposed is(consult with the Planning Dept. before completing):
C�
SECTION 165-204.24-TRACTOR TRUCK AND TRACTOR TRUCK TRAILER PARKING
THE PARKING FACILITY WILL MAINLY BE USED FOR TRAILER PARKING FOR THE ADJACENT FREEZER
WAREHOUSE AND STORAGE OWNED BY WINCHESTER COLD STORAGE.
9. It is proposed that the following buildings will be constructed:
NO BUILDINGS-INTER-PARCEL CONNECTOR AND GRAVEL LOT ONLY.
10, The following are all of the individuals, firms, or corporations owning property
adjacent to both sides and rear and in front of(across street from) the property
where the requested use will be conducted. (Continue on back if necessary)
These people will be notified by mail ofthis applica ion:
Name and Property Identification Number Address
NarneWINCHESTER COLD STORAGE PO BOX 45
Property#54-(4)-3 WINCHESTER, VA 22604
NameQUARLES PETROLEUM, INC. 1701 FALL HILL AVE, SUITE 200
Property#54-(A)-79 FREDERICKSBURG, VA 22401
NameBRIA 4 R. MOORE 828 SMITHFIELD AVE
Property#54-(A)-81 D WINCHESTER, VA 22601
Name FREDERICK COUNTY SCHOOL BOARD 1415 AMHERST STREET
Property#54-(A)-93 WINCHESTER, VA 22601
NameAFLP-FTC, LLC 303 SOUTH LOUDOUN STREET
Property#54-(A)-81 C WINCHESTER, VA 22601
Nanie WHITMIRE ENTERPRISES, LLC 120 FORT COLLIER ROAD
Property 9 54-(A)-81 K WINCHESTER, VA 22603
NameMILENNIUM 111, LLC 1139 HIGHWAY 9 N
Property. . #54-(1)-B DBRUCE, MS 38915
6
12, Additional comments, if any:
I(we),the undersigned, do hereby respectfully make application and petition the governing body
of Frederick County, Virginia to allow the use described in this application. 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 first public hearing and maintained so as to be visible until after
the Board Of Supervisors' public hearing. Your application for a Conditional Use Permit
authorizes any member of the Frederick County Planning Commission, Board of Supervisors or
Planning and Development Department to inspect your property where the proposed use will be
conducted.
Signature of Applicant
Signature of Owner
Owners' Mailing Address
J-r e-M"��n
0-vvners'Telephone No. 411:5_
TO BE COMPLETED BY THE ZONING ADMINISTRATOR:
USE CODE:
RENEWAL DATE:
9
R�'' �g(' X 1�42F3TL.J+ �A 71 w` !Yr'}E§ six 1F4 � ya ayy�y
E 1 E PERMIT C i�"stfs NEN-;-S
Virginia Department c a Tr anspontptlon
Mail to: Hand deliver to:
Virginia Department of Transportation Virginia Department of Transportation
Attn: Resident Engineer Attn: Resident Engineer
14031 Old Valley Pike 2275 Northwestern Pipe
Edinburg,Virginia 22824 Winchester, Virginia 22603
The local office of the Transportation Department is located at 2275 Nlor western Pike in
Winchester if you prefer to hand deliver this form.
Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the
agency with their review. Also, please attach two (2)copies of your application form, location map and
all other pertinent-intc;rrnation.
Applicant's Name: WINCHESTER COLD STORAGE,LC Telephone: (540)667-2001
Mailing Address: GreyWolfe,Inc.-Gary R.Oates,LS-B, PE
1073 Redbud Road,Winchester,VA 226013
Name of development and/or description of the request:
WINCHESTER COLD STORAGE-TRUCKITRAILER PARKING LOT ADJACENT TO EXISTING FREEZER WAREHOUSE
Location of Property:
190 BROOKE ROAD-FORT COLLIER INDUSTRIAL PARK-TAX PARCEL 54-(4)-4
Virginia
ise��a a�.P1�t TY'"a�sryCrts�r^;1 �.4"rlg�il' en#s:
pplication for a Conditional Use Permit for this property appears to have little
measurable impact on Route 1322(Brooke Road} the VDOTcility providing access to
operty. The existing entrance on Route 1322 appears adequate for the proposed
Should the use ever expand in the future,the entrance will need to be reviewed to
dditi�nal imnr�vement�rriay h r ni�ired
Signature&Date:
.................. / .._........_....._..._....__...._..........._..__
Net;.cc to 'r x .rT -11teas'e Return Form i'r Appiicwit
10
REQUEST FOR CONDITIONAL USE PERMIT COMMENTS
Frederick County Inspections Departmentv.,`, r
Mail to: Hand deliver to:
Frederick County Inspections Department Frederick County Inspections Department
107 North Kent Street,2nd Floor Attn: Building Official
Winchester, Virginia 22601 107 North Kent Street,2nd.Floor
(540)665-5650 Winchester, Virginia
Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the
agency with their review. Also,please attach two (2) copies of your application form, location map and
all other pertinent information. '
Applicant's Name: WINCHESTER COLD STORAGE,LC Telephone: (540)667-2001
Mailing Address: GreyWol€e, Inc.-Gary R.Oates, LS-B, PE < ;,
1073 Redbud Road,Winchester,VA 22603t',
Name of development and/or description of the request:
WINCHESTER COLD STORAGE-TRUCKrFRAILER PARKING LOT ADJACENT TO EXISTING FREEZER WAREHOUSE
Location of Property:
190 BROOKE ROAD-FORT COLLIER INDUSTRIAL PARK-TAX PARCEL 54-(4)-4
Building Official's Comments:
_ ...._.......-...........
li }
.............. - ............
� 3G
ii
j
J
131aifding Official's Signature&Date:
Notice to Inspections Department-Please Return This Form to the Applicant
------------
12
Z't M— APR 6 29 1
REQUEST FOR CONDITIONAL USE FERPilflT C01 II .. NTS
4
Frederick County Fire Marshal
Mail to: 'Hand deliver to:
Frederick County Fire?Varshal Frederick County Fire&Rescue Dept.
1800 Coverstone Drive Attn:Fire Marshal
Winchester,Virginia 22602 Public Safety Building
(540) 665-6350 1800 Coverstone Drive
Winchester, Virginia
Applicant:: It is your responsibility to complete this form as accurately as passible in order to assist the
agency with their review. Also, please attach hyo (2) copies of your application form, location map and
all other Pertinent information.
Applicant's Name: WINCHESTER COLD STORAGE,Lc Telephone: (540)667-2001
Mailing Address: GreyWolfe, Inc.-Gary R. Oates LS-R, PE
1073 Redbud Road,Winchester,VA 22663
Name of development anchor description of the request:
WINCHESTER COLD STORAGE.TRUCKITRAI LER PACKING LUT ACDJACEENT TO EXISTING FREEZER WAREHOUSE
....................... ._......
Location of Property:
191;BROOKE ROAD-FORT COLLIER INDUSTRIAL PARK-TAY.PARCEL 54-(4)-4
Fire Marshal's Comments:
.. ..._...........
I
�r f
Fixe zrsl�al's;ignata e teate: %f
N tiCe to Fxre M–arshal-.Please Return This Form to the Applicant
11
FradLrick Courity Fire and Rascua Department
b ` -
Office of the Fire Marshal
1080 Coverstone Drive
w= Winchester,VA 22602
a
Phone:540
Nv -665-6350 Fax:540-678-4739
. . fmo(,"afcva.us
Plan Re ipw'
Conditional Use
Status: Approved
�i si�ess Piame
Winchester Cold Storage
190 Brooke Rd
Engineering f=irm
GreyWolfe, Inc. Printed Date:04/27/2021
,a , ... . M Uo
Received Date: 04/1612021 Occupancy Type:
Review Begin Date: 0412 7/2 02 1 Property Use:
Review End Date: 04/27/2021 Activity Number: 1041024
Hours: 1,0000 Review Cause: New Construction
DetailseActivity
Project Name Truck/trailer Parking Lot
Comments:
Truckttraller parking lot adjacent to existing Winchester Cold Storage warehouse:
Approved
i
Adam Hounshell
LieutenanttAssistant Fire Marshal
Page 1 of 1
REQUEST FOR CONDITIONAL USE PERMIT COMMENTS `
Frederick Water I
Mail to: Hand deliver to:
Frederick Water Frederick Water
Attn: Engineer Attn: Engineer
P.O. Box 1877 315 Tasker Road
Winchester, Virginia 22604 Stephens City, Virginia
(540) 868-1061
Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the
agency with their review. Also, please attach two (2) copies of your application form, location map and
all other pertinent information.
Applicant's Name: WINCHESTER COLD STORAGE,LC Telephone: (540)667-2001
Mailing Address: GreyWolfe, Inc.-Gary R.Oates,LS-B, PE
1073 Redbud Road,Winchester,VA 22603
Name Name of development and/or description of the request:
WINCHESTER COLD STORAGE-TRUCK/TRAILER PARKING LOT ADJACENT TO EXISTING FREEZER WAREHOUSE
Location of Property:
190 BROOKE ROAD-FORT COLLIER INDUSTRIAL PARK-TAX PARCEL 54-(4)-4
Frederick Water Comments:
The subject parcel is in the SWSA. Frederick Water will provide
comments at site plan submission.
Frederick Water Signature & Date: April 22, 2021
Notice to Frederick Water-Please Return This Form to the Applicant
14
REQUEST FOR CONDITIONAL USE PERMIT COMMENTS ;*'
City of Winchester
v /
Mail to: Band deliver to:
Winchester City Planning Department Winchester City Planning Department
Attn: Planning Director Attn: Planning Director
15 North Cameron Street Rouss City Hall
Winchester, Virginia 22601 15 North Cameron Street
(540)667-1815 Winchester, Virginia
Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the
agency with their review. Also, please attach two (2)copies of your application form, location map and
all other pertinent information.
Applicant's Name:I WINCHESTER COLD STORAGE,LC Telephone: (540)667-2001
Mailing Address: GreyWolfe,Inc.-Gary R.Oates,LS-B,PE
1073 Redbud Road,Winchester,VA 22603
Name of development and,or description of the request:
WINCHESTER COLD STORAGE-TRUCKITRAILER PARKING LOT ADJACENT To EXISTING FREEZER WAREHOUSE
Location of Property:
190 BROOKE ROAD-FORT COLLIER INDUSTRIAL PARK-TAX PARCEL 54-(4)4
City,fif`Winchester Con,4; €nt �
....... ... ........ ...........
€i
!i
1 City of Winchester-Signature& Date: r*y / 02-
Y� i
ii Notice to City of Winchester-Please P*4urn this Farm to the Apphc t
15
F_
Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Website: www.feva.us
179
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) Winchester Cold Storage-Brian Beazer (Phone) (540)662-4151
(Address) 605 North Loudoun Street,Winchester,VA 22601
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. 030005223 on Page and is described as
Parcel: 54 Lot: 4 Block: Section: 4 Subdivision: Fort Collier Industrial Park
do hereby make, constitute and appoint:
(Name) Greywolfe,Inc.-Gary R.Oates,LS-B, PE (Phone) (540)667-2001
(Address) 1073 Redbud Road,Winchester,VA 22603
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:
F� Rezoning(including proffers)
[7/1 Conditional Use Permit
Q Master Development Plan(Preliminary and Final)
Subdivision
Site Plan
Variance or Appeal
tt
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 slia xpire one year from the day it is signed, or until it is otherwise rescinded or modified.__
Z_
thereof, II
fn witness the day of I
Signature(s) ip,
State ol'Virginia, City/County Of To-wit: RE .#7572491
MY I
EXPIRES `
C.A "_9 7
Y
a Notary Public in and for the jUli n. a resai*",
certify that the 'erson(s) who signed to &—foregoing instrument personally appeared bet'
p
acknowledged the -arae before me in the jurisdiction aforesaid this-SL day of Ina-1 , 20
7—
My Commission Expires:
Frederick County Taxes Paid Page I of I
COUNTY OF FREDERICK
P.O.BOX 225
WINCHESTER,VA 22604-0225
C.WILLIAM ORNDOFF,JR
Real Estate Taxes Paid f®r Tax Year 2020
Map Number: 54 4 4 Account#: 8015398
Dept# 1Aicke0Seq# OwaerNaree MiliDate] Descripfioq Tax Pald
WINCHESTER
RE2020 44102 1 COLD 4/13/2020 7.05 ACRES $1,620.46
STORAGE LC
WINCHESTER
RE20201 44102 21COLD 4/13/2020 7.05 ACRES $1,620.46
STORAGE LC
Total Paid: $3,240.92
This amount represents payments applied during calendar year 2020 and does not include Penalty,
Interest or Credit Card Fees.
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