012-23 (CUPLeeEbertLLC) ORDINANCE
PLANNING COMMISSION: August 16, 2023 Recommended Approval
BOARD OF SUPERVISORS: September 27, 2023 Adopted
ORDINANCE
CONDITIONAL USE PERMIT #04-23
LEE EBERT, LLC.
WHEREAS,CONDITIONAL USE PERMIT APPLICATION#04-23 was submitted by Lee Ebert,LLC.,to
allow for a tractor truck and tractor truck trailer parking facility. The property is located on Route 11 North
(Martinsburg Pike)to Ebert Road(Route 837)and is further identified with Property Identification Number 44-
A-6A in the Stonewall Magisterial District; and
WHEREAS,the Frederick County Planning Commission held a public hearing on this Conditional Use Permit
on August 16, 2023 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 September 27, 2023; 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 in accordance
with Chapter 165 of the Frederick County Code,,Zoning,Conditional Use Pen-nit#04-23 to allow for a tractor
truck and tractor truck trailer parking facility on the parcel identified with Property Identification Number 44-A-
6A 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 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.
4. Portable sanitation facilities (mobile restrooms) shall be provided on-site.
This ordinance shall be in effect on the date of adoption.Passed this 27",day of September 2023 by the following
recorded vote:
Charles S. DeHaven, Jr., Chairman Aye Shawn L. Graber Aye
Heather H. Lockridge Aye Robert W. Wells Aye
Blaine P. Dunn Aye Josh E. Ludwig Aye
Judith McCann-Slaughter Aye
A COPY ATTEST
Michael L. Bollboefer
Frederick County Administrator
RES# 012-23
CONDITIONAL USE PERMIT#04-23
cK r Co
LEE EBERT,LLC (LEE EBERT)
Aw ` Staff Report for the Board of Supervisors
w : a Prepared:August 31,2023
Staff Contact: Amy Light Feltner,Planner
,3R
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: 08/16/23 Recommended Approval
Board of Supervisors: 09/27/23 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 5.37+/-acres located on Ebert Road. The subject property is
within the Stonewall Magisterial District.
Should the Board of Supervisors find this use to be 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. A site plan shall be submitted and approved by Frederick County prior to the establishment of this
use on this property. 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.
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 904-23, Lee Ebert, LLC (Lee Ebert)
August 31, 2023
LOCATION: The subject property is located west of Route 11 North (Martinsburg Pike) and North of
Ebert Road
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 44-A-6A
PROPERTY ZONING&PRESENT USE: Zoned: M2 (General Industrial)
Land Use: Vacant
ADJOINING PROPERTY ZONING& PRESENT USE:
North: RA (Rural Areas) Use: Vacant/Unimproved
South: M1 (Light Industrial District)&
M2 (Industrial General District) Use: Industrial
East: M2 (Industrial General District) Use: Industrial
West: M2(Industrial General District) Use: Industrial
PROPOSED USE: This is a request for a Conditional Use Permit (CUP) to enable a tractor truck and
tractor truck trailer parking on 5.37 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 5.37+/- acres off Ebert Road. A total of one-hundred seven (107)
parking spaces is proposed.Access to the property is provided by a commercial entrance from Ebert Road
from Route 11.
Comprehensive Plan Land Use Compatibility:
Tractor Trailer and Tractor Trailer Truck Parking is a permitted use in the M2 (Industrial General)Zoning
District with an approved Conditional Use Permit(CUP). This proposed use will take place on a 5.37 +/-
acre parcel adjacent to properties that are zoned M2 and RA (Rural Area). The 2040 Comprehensive Plan
provides guidance when considering any land use actions. The area where this property is located is
outside the Urban Development Area(UDA) and inside the Sewer and Water Service Area(SWSA). This
area of the County is intended to remain industrial in nature. The CUP application,as proposed,generally
meets the intent and goals of the Plan.
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
Page 3
CUP 904-23, Lee Ebert, LLC (Lee Ebert)
August 31, 2023
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.
VirEinia Department of Transportation: A VDOT Review has been completed for the Conditional
Use Permit for Lee Ebert, LLC., to operate a Tractor Truck and Tractor Truck Trailer parking facility at
203 Ebert Road,Winchester. This parcel is identified as TM#44-A-6A and consists of 5.3686 acres. The
existing access to the facility appears adequate for the proposed use outlined in the CUP application. We
have no objection to the proposal at this time. Should the use expand in the future, we would appreciate
the opportunity to revisit at that time to determine if any improvements would be needed.
Frederick County Fire Marshall: Approved
PLANNING COMMISSION SUMMARY AND ACTION FROM THE 08/16/23 MEETING:
The Planning Commission held a public hearing to consider this Conditional Use Permit on August 16,
2023. The Chairman questioned, for clarification, about the current zoning violation. Staff stated that the
presented Conditional Use Permit would abate the violation and the property would be brought into
compliance with the zoning ordinance. The Planning Commission unanimously voted to recommend
approval of the CUP as presented and sent the item forward to the Board of Supervisors.
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
Page 4
CUP 904-23, Lee Ebert, LLC (Lee Ebert)
August 31, 2023
all concerns raised by the Board of Supervisors.
CUP # 04 - 23: Lee Ebert, LLC
PIN: 44 - A - 6A
Tractor Truck and Tractor Truck Trailer Parking
Zoning Map
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_ 107 N Kent St
Winchester,VA 22601
540-665-5651
0 100 200 400 Feet Map Created:July 5,2023
CUP # 04 - 23: Lee Ebert, LLC
PIN: 44 - A - 6A
Tractor Truck and Tractor Truck Trailer Parking
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Submittal Deadline
P/C Meeting 1!e �3
OF
BOS Meeting _ �{, a3
- APPLICATION FOR CONDITIONAL USE PERMIT
FREDERICK COUNTY,VIRGINIA
1. Applicant check ones:- Property Owner . �t�; Other
NAME: Lee Ebert,LLC
ADDRESS: 1933 Franklin Avenue,McLean,VA,22101 (c/o Erin Swisshelm,1 E.Market St.,Suite 300,Leesburg,VA 20176)
TELEPHONE AND EMAIL ADDRESS:
703-919-2516;terrisweeny@gmail.com(c/o Erin Swisshelm-eswisshelm@theland(awyers.com.703-737-3633))
2. Please list all owners, occupants, or parties in interest of the property:
Lee Ebert,LLC
Charles Sweeny
Terri Sweeny
3. The property is located at: (please give exact directions and include the route number of
your road or street)
230 Ebert Road
Route 11 North to Ebert Road
4. The property has a road frontage of 1252.87 feet and a depth of 959.5 feet and
consists of 5.37 acres. (Please be exact)
5. The property is owned by Lee Ebert,LLC as
evidenced by deed from Charles F.Sweeny (previous owner) recorded in
deed book no. 170006816 on page , as recorded in the records of the Clerk of the
Circuit Court, County of Frederick.
6. Property Identification Number(P.I.N.)44-A-6A
Magisterial District stonewall
Current Zoning M2
5
7. Adjoining Property:
USE ZONING
North Vacant RA
East Vacant-comm; industrial M2
South Industrial; Ebert Road M2
West Industrial; Lewin Lane M2
8. The type of use proposed is (consult with the Plannin ,Dept. before completing):
Tractor Truck and Tractor Truck parking pursuant to Section 165-607.03 of the Frederick County Zoning
Ordinance Tractor and/or trailer parking will occur on a gravel lot on the Property, with access from Ebert
Road. No addition buildings or structures are anticipated to be constructed to support this use.
9. Describe, if applicable, any new buildings to-be-constructed associated with this use:
No new structures 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 of this application:
Name and Property Identification Number Address
NameDT Shirley Properties Patricia Wine 2455 Martinsburg Pike
Property#44-A-5 Stephenson, VA 22656
NameWolf Realty Assoc.Shenandoah Storage Connection 140 Jireh Lane
Property#44-A-6B Winchester, VA 22603
NameValley Fertilizer PO Box 816
Property#44-A-6 Mount Jackson, VA 22842
NameGD Winchester LLC 449 North Prospect Street
Property#44-A-12C Hagerstown, MD 21740
NameSkyline LLC 283 Ebert Road
Property#43-21-1 Winchester, VA 22603
Name
Property#
Name
Property#
6
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 property record shall sign the application.
Signature of Applicant
Signature of Owner(s)
1933 Frankim Avenue,McLean,VA 22101;cia Mlsh Cducci Luheley 8 Walsh,PC.!E.Market St Suite 300,LwI,Wg,VA 20175)
Owners' Mailing Address
Owners'Telephone No.
703-919-2516; c/o WCLW attn Erin Swisshelm, 703-737-3633)
_
TO BE COMPLETED BY THE ZONING ADMINISTRATOR:
USE CODE:
RENEWAL DATE:
Use Narrative
The Applicant proposes a conditional use permit to allow tractor and/or tractor trailer
parking on the property located at 230 Ebert Road, further identified as Frederick County PIN 44-
A-6A (the "Property"). The Property is approximately 5.37 acres in size, and is zoned to the M2
zoning district as governed by the Frederick County Zoning Ordinance. Access to the Property is
proposed from Ebert Road via the existing entrance to the Property. The Applicant does not
propose new buildings or structures on the Property to support the use,and proposes that the tractor
and/or tractor trailer parking will occur on the existing gravel lot on the Property. The proposed
use is compatible with surrounding uses, which consist of industrial,recycling center, and tractor
and tractor trailer parking, and is permitted upon approval of a special exception in the M2 zoning
district. The Applicant will comply with the additional use regulations in Section 165.204.24 of
the Zoning Ordinance, setting use standards for tractor and tractor trader parking.
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day of U4 _, 20_1_9, do hereby certify
that the plat and description attached hereto is a true copy
of a survey made by me on the day of jI q t/zn"1
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20j, of the land conveyed to LGA E3��'i GL,C
by Deed dated /fZY�ZD/8, recorded in Tr1S+r(AffynH#
The said land lies in
District.
SURVEYi;R
STATE OF VIRGINIA
COUNTY OF �,Q�i , To-Wit
I, JA Notary Public
in and for the State of Virginia and County of ')Vinre „ r
do hereby certify that this day personally appeared before me
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whose name is signed to the foregoing instrument dated
day of f-C +'1rI 20 , and acknowledged the same
before me in my "tate and aforesaid.
Given under my hand .i:is day of
f000nrprn,,,2 0
Y'P`��,� My commission expires
Rt0•
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NOTARY PUBLIC
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NOTES:
1. THE BOUNDARIES SHOWN HEREON ARE THE RESULT OF A FIELD RUN SURVEY.
2. NO TITLE REPORT FURNISHED. EASEMENTS AND/OR OTHER ENCUMBRANCES MAY EXIST UPON THE
SUBJECT PROPERTY WHICH ARE NOT SHOWN HEREON.
OWNER'S CER11RCA11ON:
THIS PLAT OF THE PROPERTY OF LEE EBERT, LLC, IS PREPARED AND RECORDED WITH THE FREE
CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND
TRUSTEES, IF ANY.
BY:
Charles F. S DA
NOTARY PUBLIC
STATE OF. _ .v VA IG
CITY/COUNTY OF_ I r-`i
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME
THIS Nil l DAY OFI PAO � " 20-1�
BY .
(NOTARY PUBLIC) P
NOTARY REGISTRATION NUMBER —IZSL ��L✓�
KATHERINE MARIE SHEPARD
MY COMMISSION EXPIRES ) L � � NOTARY PUBLIC
REG.57250015
COMMONWEALTH OF VIRGINIA
MYCOMMISSION EXPIRES JUNE 30,2021
I
SURVEYOR'S CERTIFICATION
Z,TH OF 1, RANDY A. STOWERS, A DULY AUTHORIZED LAND SURVEYOR IN THE
4• DJ COMMONWEALTH OF VIRGINIA, DO HEREBY CERTIFY, TO THE BEST OF MY
KNOWLEDGE AND BELIEF, THAT THE PROPERTY SHOWN HEREON IS THE
OA 01
SAME PROPERTY CONVEYED TO LEE EBERT, LLC BY DEED DATED
JANUARY 29, 2018 AND RECORDED AMONG THE LAND RECORDS OF
v R A. STOTW y FREDERICK COUNTY, VIRGINIA ON MAY 21, 2018 AS INSTRUMENT
Uc. No. 2342 180004725.
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PLAT SHOWING
LOT 6A
-R --DATE: 01/31/18 SCALE: 1" = 100 VALLEY
ADRAWN BY: RAS CHK BY: DBA INDUSTRIAL PARK
RICE ASSOCIATES FREDERICK COUNTY, VIRGINIA
10661 GASKINS WAY SCALE: AS NOTED
R i C E MA
ASSOCIATES NASSAS, VIRGINIA 20109 FEBRUARY 11, 2019
(703) 968-320D FAX (703) 968-2705 SHEET 1 OF 2
GRAPHIC SCALE
0 25 50 100
1 INCH 100 FT.
ALL INT.. SHIRLEY,)ET
=
#060018221 ALS
ZONE: RA cn
S 413'28" E 281,82 _
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LOT 6A T.M. 44—((A))-66
RELTY
Qom' 5.3686))CRS 3 I WOASSOCIATES. LP
I c INST. #120005714
ZONE: M2
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& CHEMICAL CO.
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ZONE: M2
Icn �S,TH 0� Dl
/ RAND342
Y A SUMSUMuc. No. 2
N 52'45'50" W 292.42'
EBERT ROAD ROUTE 637
R/W VARIES
PLAT SHOWING
LOT 6A
' DATE: 01/31/18 SCALE: 1" = 100 VALLEY
DRAWN BY: RAS CHK BY: DBA
INDUSTRIAL PARK
RICE ASSOCIATES FREDERICK COUNTY, VIRGINIA
RICE 10661 GASKINS WAY SCALE: AS NOTED
ASSOCIATES MANASSAS, VIRGINIA 20109 FEBRUARY 11, 2019
(703) 968-3200 FAX (703) 966-2705 SHEET 1 OF 2
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VIXUIN1A:Fh.=,UERfCKCUUNTY.S(,1.
This instrument of writing was produced to me on
a as �q at 3:3oQn�
and with certificate acknowledgement thereto annexed
was admitted to record.Tax imposed by Sec.58.1-8{12 of
and 58.1-801 have been paid,if ale,
L
7/6/23, 11:10 AM Untitled Page
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2023 REAL ESTATE
Dept/Ticket# RE2023!231330001 Frequency 1 Supplement# 0
Name LEE EBERT LLC Map# 44 A 6A Account# 8035506
Name 2 Bill Date 04/15/2023 Acreage 5.370
Address 1933 FRANKLIN AVE Due Date 06/05/2023 Improvements $0.00
Desc 5.37 ACRES Land Value $327,600.00
MCLEAN VA Land Use $0.00
Zip 22101 5310 Minerals $0.00
Penalty Paid $0.00 Interest Paid $0.00 Last Transaction Date 06/09/2023
Current Payment Status
Original Bill Payments Principal Balance Due Penalty Interest Balance Due
$835.38 ($835.38) $0.00 $0.00 $0.00 $0.00
Transaction History
Date Type Transaction# Amount Balance
4/15/2023 Charge 0 $835.38 $835.38
6/9/2023 Principal Paid 17436 ($83538) $0.00
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