040-23 (CUPCClanLLC) 4�G CO ORDINANCE
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Action:
PLANNING COMMISSION: December 7, 2022 Recommended Approval
BOARD OF SUPERVISORS: January 11, 2023 Adopted
ORDINANCE
CONDITIONAL USE PERMIT #10-22
CCLAN, LLC
WHEREAS,CONDITIONAL USE PERMIT APPLICATION#10-22 was submitted by CClan,LLC.,
to allow for a tractor truck and tractor truck trailer parking facility. The property is located on Route 1 I
North (Martinsburg Pike) to Ebert Road (Route 837) and is further identified with Property Identification
Number 43-21-6 in the Stonewall Magisterial District; and
WHEREAS, the Frederick County Planning Commission held a public hearing on this Conditional Use
Permit on December 7, 2022 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 January 11, 2023; and
WHEREAS,the Frederick County Board of Supervisors finds the approval of this Conditional Use Permit
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 #10-22 to allow for a tractor truck and tractor truck trailer parking facility on the parcel
identified with Property Identification Number 43-21-6 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 on this property.The site plan for the property identified as 43-21-6 shall depict future Route 37
right-of-way. The site plan shall meet the requirements of the Frederick County Zoning Ordinance
Section 165-204.24 tractor truck and tractor truck trailer parking.
3. Any expansion or modification of this use will require approval of a new conditional use permit.
This ordinance shall be in effect on the date of adoption. Passed this I I day of January 2023 by the
following recorded vote:
Charles S. DcHaven, Jr., Chairman Aye Shawn L. Graber Aye
J. Douglas McCarthy Aye Robert W. Wells Aye
Josh E. Ludwig Aye Judith McCann-Slaughter Aye
Blaine P. Dunn Aye
A COPY ATTEST
Michael L. Bollh fer
Frederick County Administrator
RES#040-23
co
qw �� CONDITIONAL USE PERMIT #10-22
CClan LLC
Staff Report for the Board of Supervisors
n ,> Prepared: December 30,2022
1],16
Staff Contact: Amy Light Feltner, Planner
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: 12/07/22 Recommended Approval
Board of Supervisors: 01/11/23 Pending
EXECUTIVE SUMMARY:
This is a request for a Conditional Use Permit(CUP) to enable a tractor truck and tractor truck trailer
parking on one parcel totaling approximately 20.87 acres located within the Carroll Industrial Park.
The subject property is within the Stonewall Magisterial District. Should the Board of Supervisors
rind this use to be 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. A site plan shall be submitted and approved by Frederick County prior to the establishment
of this use on this property. The site plan for the property identified as 43-21-6 shall depict
future Route 37 right-of-way. The site plan shall meet the requirements of the Frederick
County Zoning Ordinance Section 165-204.24 tractor truck and tractor truck trailer parking.
3. Any expansion or modification of this use will require approval of a new conditional use
permit.
Staff notes that the above conditions do not otherwise provide for the dedication of the future
Route 37 right-of-way.
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 910-22, Man LLC
December 30, 2022
LOCATION: The subject property is located north of Route 11 North (Martinsburg Pike) and
Milton Ray Drive and immediately south of Interstate-81.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 43-21-6
PROPERTY ZONING& PRESENT USE: Zoned: M2 (General Industrial)
Land Use: Vacant/Unimproved
ADJOINING PROPERTY ZONING& PRESENT USE:
North: M2 (Industrial General) Use: Vacant
South: M2 (Industrial General) Use: Tractor-Truck Trailer Parking
East: M2 (Industrial General) Use: Industrial
West: Interstate 81 Use: Interstate Highway
PROPOSED USE: This is a request for a Conditional Use Permit(CUP) to enable a tractor truck
and tractor truck trailer parking on 20.87 acres.
REVIEW EVALUATIONS:
Planning and Zoning:
Proposal:
This is a request for a conditional use permit (CUP) to enable a tractor truck and tractor truck
trailer parking lot on one (1)parcel totaling 20.87 acres within the Carroll Industrial Park. A total
of three-hundred-fifty-six (356) parking spaces are proposed. Access to the property is provided
by a commercial entrance from Milton Ray Drive from Route 11.
The applicant/owner also has an existing/approved CUP 404-21 (approved July 14, 2021) for
three hundred ninety-eight (398) tractor truck and tractor trailer truck parking on two (2) other
parcels in the industrial park, immediately south of the subject property across Milton Ray Drive
(PIN's 43-21-7 & 43-21-8).
Comprehensive Plan Land Use Compatibility:
The Comprehensive Plan of Frederick County ("Comprehensive Plan") is a document that serves
as the Community's guide for making decisions regarding land use actions. The Northeast Land
Use Plan ("Area 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
Page 3
CUP 910-22, Man LLC
December 30, 2022
tool and will be instrumental to the future planning efforts of the County. A goal of the NELUP
and the County's Eastern Road Plan is the implementation of Route 37.
The Frederick County Zoning Ordinance ("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. Condition 92 proposes requiring the
applicant/owner to depict future Route 37 on the site plan, as an acknowledgement of the future
condition of the property. Relative to the Comprehensive Plan, however, Staff notes that the
conditions do not provide for the dedication of the future Route 37 right-of-way (ROW).
Zoning Ordinance Requirements:
The Frederick County Zoning Ordinance (Chapter 165) allows for tractor truck and tractor truck
trailer parking use as a primary use on M2 (Industrial General) zoned property through an
approved conditional use permit. Additional regulations for specific uses contained in the Zoning
Ordinance require tractor truck and tractor truck trailer parking lots implement the following
requirements in accordance with §165-204.24.
• All areas utilized for the parking of tractor trucks and 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 the roadways.
• No inoperable tractor trucks or damaged/salvaged 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 the 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.
Additionally, the subject property is identified as partially within a FEMA floodplain. Any
disturbance within the floodplain shall be mitigated at the time of site plan approval and requires
Page 4
CUP 910-22, Man LLC
December 30, 2022
approval by the Zoning Administrator. (§165-702.16(A)).
Virginia Department of Transportation: The application for a Conditional Use Permit for this
property appears to have little measurable impact on Route 837 (Ebert Road), the VDOT facility
providing access to the property. The existing entrance is located on the portion of the road
which meets VDOT entrance requirements. Based on this information, VDOT can support the
CUP request.
Frederick County Fire Marshall: Approved
STAFF CONCLUSIONS FOR THE 12/07/22 PLANNING COMMISSION MEETING:
This is a request for a Conditional Use Permit(CUP) to enable a tractor truck and tractor truck trailer
parking on one parcel totaling approximately 20.87 acres located within the Carroll Industrial Park.
The subject property is within the Stonewall Magisterial District.
Should the Planning Commission find this use to be 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. A site plan shall be submitted and approved by Frederick County prior to the establishment
of this use on this property. The site plan for the property identified as 43-21-6 shall depict
future Route 37 right-of-way. The site plan shall meet the requirements of the Frederick
County Zoning Ordinance Section 165-204.24 tractor truck and tractor truck trailer parking.
3. Any expansion or modification of this use will require approval of a new conditional use
permit.
Staff notes that the above conditions do not otherwise provide for the dedication of the future
Route 37 right-of-way.
PLANNING COMMISSION SUMMARY AND ACTION FROM THE 12/07/22 MEETING:
The Planning Commission held a public hearing to consider this Conditional Use Permit on
December 7, 2022. One public comment addressed the concern with the tractor truck and tractor
truck trailers entering and exiting Ebert Road onto Route 11 due to wide turns and limited size of
the intersection. The Chairman addressed the applicant about a current logging operation existing
on the property currently. The owner advised that the logging operation will be removed. The
Conditional Use Permit will bring the parcel into conformance. The Planning Commission
discussed the Floodway and AE Floodplain depicted on the maps. Staff advised the Planning
Commission that the ordinance permits parking in the AE Floodplain area. The applicant has
made all intensions to stay outside of the Floodway. Additionally, alterations to the site,
Page 5
CUP#10-22, Man LLC
December 30, 2022
including alterations within the AE Floodplain area, will be addressed, as required, at the Site
Plan submittal.
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 # 10 - 22: CCIan, LLC
PIN: 43 - 21 - 6
Tractor Truck and Tractor Truck Trailer Parking Lot
Zoning Map
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107 N Kent St
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CUP # 10 - 22: CCIan, LLC
PIN: 43 - 21 - 6
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Submittal Deadline
PIC Meeting
BOS Meeting
APPLICATION FOR CONDITIONAL USE PERMIT
FREDERICK COUNTY, VIRGINIA
1. Applicant(check one): Property Owner W Other
NAME: CClan,LLC
ADDRESS: 283 Ebert Road,Winchester,VA 22603
TELEPHONE AND EMAIL ADDRESS:
540-667-1596
2. Please list all owners,occupants, or parties in interest of the property:
Beth Lewin
3. The property is located at: (please give exact directions and include the route number of
your road or street)
Route 11 North to Ebert Road
4. The property has a road frontage of 734 feet and a depth of 670 feet and
consists of 20.87 acres. (Please be exact)
5. The property is owned by CCIan,LLC as
evidenced by deed from Painter-Lewis,PLC (previous owner) recorded in
decd book no. 070002103 on page 0415 , as recorded in the records of the Clerk of the
Circuit Court, County of Frederick.
6. Property Identification Number(P.I.N.)43-21-6
Magisterial District stonewall
Current Zoning M2
5
7. Adjoining Property:
USE ZONING
North Interstate 61 M2
East Vacant M2
South Vacant M7 62
West Vacant M1
S. The type of use proposed is (consult with the Planning Dept. before completing):
Parking lot for tractor trailers
9. Describe, if applicable, any new buildings to-be-constructed associated with this use:
no neer buildings are proposed
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 a lication:
!Name and Property Identification Number Address
Name
Property#
Name
Property#
Name
Property#
Name
Property#
Name
Property#
Name
Property#
Name
Property#
6
Carroll Industrial Park Lot 6
Ad'oiners Table
PIN Owner Mailing Address
43-21-5 Pierce Hardy Limited Partnership ioi9 Route 519, Building 4, Eighty Four, PA 15330
43-21-8 Man, LLC 283 Ebert Road, Winchester, VA 22603
43-21-7 Man, LLC 283 Ebert Road, Winchester,VA 22603
43-21-9B Man, LLC 283 Ebert Road, Winchester,VA 22603
43-A-99 Rutherford, LLC 114 N. Cameron Street,Winchester,VA 22601
4-A-98 Virginia Storage Services, LLC 1955 Valley Avenue,Winchester, VA 22601
11. Please attach a sketch of the property. Show proposed and/or existing structures on the
property, including measurements to all property lines, site access, public and private
roads, and any other pertinent information specific to the desired use (such as parking).
A recorded plat is the best thing to use for this if available.
12. Please attach a written description of the proposed use including (as appropriate): hours
of operation, number of employees, number of customers anticipated, outdoor storage,
and any other pertinent information to address additional regulation for specific uses
contained in §165-204 of the Frederick County Zoning Ordinance.
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.
*All owners listed on the
propl sign the application.
Signature of Applicant
Signature of Owner(s)
owners' Mailing Address 283 Ebert Road, Winchester, VA 22603
Owners' Telephone No. 540-667-1596
TO BE COMPLETED BY THE ZONING ADMINISTRATOR:
USE CODE:
RENEWAL DATE:
s
tics CO Special Limited Power of Attorney
w° County of Frederick, Virginia
Frederick Planning Website: www.feva.us
IA's
lly�
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 Hien By These Presents That:
S;Zl�\ _ �
Name of Property Owner/Applicant
Please note: If the property owner/applicant is an entity,the name or the entity should appear above.
If multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed.
%--fib NIsl mac:h e +�,-, z03
Mailing Address of Property Owner/Applicant Telephone Number
as owner of,or applicant with respect to, the tract(s)or parcel(s)of land in Frederick County,
Virginia,identified by following property identification numbers:
"3--fit- (.--
do hereby make, constitute, and appoint:
=—' --e_e-,%,_�G•.t I-a C b'w ci
Name orf�Atttorney-In-Fact
�S gI Y�% , Gi -j
Mailing Address of Att rney-In-Fact ZZtv6 Z a ep one urn er
to act as my true and lawful attorney-in-fact for and in my name, place,and stead,with the same
full power and authority I would have if acting personally, to file and act on my behalf with respect
to appli tion with Frederick County,Virginia for the following,for the above identified property:
Rezoning Subdivision
Conditional Use Permit Site Plan
Master Development Plan (prelim.or final) Variance or Zoning Appeal
and,further,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 appointment shall expire one year from the day that it is signed, or at such sooner time as I
otherwise resind or modify it.
Signature
Title(if signi 'I LA— C__
State of County/City of ]LAC-ale c k__ —Jo wit:
1, ,� CClvo 1,Lg; �-'lrv- , a Notary Public in and for the jurisdiction aforesaid, certify that
the person who signed the foregoing instrument personally appeared before me and has acknowledged the
same before me in the jurisdiction aforesaid this day of 00 Y' , 202Z
Commission Expires: QSlZOOS
N + er: ?X1 Jul a"
NOTARY PUBUG
REG.;364441
COMMONWEALTH OF VIRGINIA
MY CONINIISSION EXPIRES 05/3112025
INTERSTATE 81
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STATEMENT OF JUSTIFICATION
Carroll Industrial Park Lot 6
Frederick County PIN: 43-21-6; 20.87 acres (the "Property)
I. Introduction
CClan, LLC(the"Applicant")is requesting Conditional Use Permit(CUP) approval
for tractor truck and truck trailer parking on property in the Stonewall Magisterial District
identified as Tax Map *43-21-6 (the "Property"). The Property is zoned M2, Industrial
General District, totals approximately 20.87± acres, and is currently
undeveloped/vacant. The Property is located on Milton Ray Drive, approximately 1,600
feet southwest from its intersection with Ebert Road,and adjoins Interstate 81 to the west.
II. Proposal
In accordance with Section 607.03 of the Frederick County Zoning Ordinance,
tractor truck and tractor truck trailer parking are permitted in the M2 zoning district as a
conditional use pursuant to the use-specific standard in Section 204.24. As proposed by
the Applicant, the CUP would allow for a gravel parking area for tractor trailer parking.
The disturbed area for the parking area is 10.48± acres of the 20.87± acre parcel, the
remainder of the parcel will remain undisturbed. Access to the property would consist of
a single entrance located off of Milton Ray Drive.
REQUEST FOR CONDITIONAL USE PERMIT COMMENTS
Virginia Department of Transportation
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 Pike
Edinburg, Virginia 22824 Winchester, Virginia 22603
The local office of the Transportation Department is located at 2275 Northwestern 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 information.
w
Applicant's Name: Caw. LLC _ _ _ Telephoner
Email Address:
Name of development and/or description of the request:
Carroll Industnal Park Lot 6-Tractor trailer parking lot
Location of Property:
283 Ebert Road,Winchester.VA 22603
Virginia Department of Transportation Comments:
The application for a Conditional Use Permit for this property appears to have little measurable
impact on Route 837 (Ebert Road),the VDOT facility providing access tot e property. The
existing entrance is located on the portion of the road which meets VDOT entrance
requirements. Based on this information,VDOT can support the CUP request.
VDOT Signature & Date: � .� Z
Notice to VDOT- Please Return Form to Applicant
C.
REQUEST FOR CONDITIONAL USE PERMIT COMMENTS
y
Frederick County Fire Marshal
Mail to: Hand deliver to:
Frederick County Fire Marshal Frederick County Fire & Rescue Dept.
1080 Coverstone Drive Attn: Fire Marshal
Winchester, Virginia 22602 Public Safety Building
(540) 665-6350 1080 Coverstone Drive
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: CClan,LLC Telephone: _5.."00,''...........
Email Address:
Name of development and/or description of the request:
Carroll Industrial Park Lot 6-Tractor trailer parking lot
Location of Property:
283 Ebert Road,Winchester,VA 22603
Fire Marshal's Comments: r
I
Fire Marshal's Signature & Date:
Notice to Fire Marshal- Please Return This Form to the Applicant
��H
10
ti, Frederick County Fire and Rescue Department
Office of the Fire Marshal
cx cow 1080 Coverstone Drive
t _= , Winchester, VA 22602
< Phone: 540-665-6350 Fax: 540-678-4739
y Res %' fmo@fcva.us
Plan Review
Conditional Use
Status: Approved
Business Name
Carroll Construction
283 Ebert Rd
Winchester, Virginia 22603
Business Name: Printed Date: 09/02/2022
CClan, LLC
General Information
Received Date: 08/30/2022 Occupancy Type: Business, mercantile
Review Begin Date: 09/02/2022 Property Use: Business Office
Review End Date: 09/02/2022 Activity Number: 1081083
Hours: 1.0000 Review Cause: Application
Activity Details J�
Project Name Carroll Industrial Park Lot 6 -Tractor Trailer Parking Lot
Comments:
No comments at this time.
FMO notes:
No structures within this plan.
mom
Adam Hounshell
Lieutenant/Assistant Fire Marshal
Page 1 of 1
11/9/22,2:29 PM Untitled Page
T
-ity Virginia . 1 Ft- oi,
Frederick I lome Frederick Cow L'It ATi,i
Taxes
lersoi-,J Property Rea it ES -.',og Tags --�iv Parking Viollitlor!, Other Payments
-haiige Etna
COUNTY OF FREDERICK Real Estate Payments Paid for Tax Year
21D22
Map Number: 43 21 61 Account#: 8045746
RE2022 5497 1 C CLAN 4/25/2022 CARROLL IND PARK L6 20.87 $1,909.61
LLC ACRES
This amount represents payments applied during calendar year 2022 and does not
include Penalty, Interest or Credit Card Fees.
Total Paid: $1,909,61
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