HomeMy WebLinkAbout03-21 BOS Staff ReportCONDITIONAL USE PERMIT #03-21
Winchester Cold Storage-Parking Facility
Staff Report for the Board of Supervisors
Prepared: July 1, 2021
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.
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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
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CUP #03-21, 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 M1 (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
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CUP #03-21, 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 #03-21
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.