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HomeMy WebLinkAbout04-21 PC Staff ReportCONDITIONAL USE PERMIT #04-21 CClan LLC Staff Report for the Planning Commission Prepared: June 4, 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 Pending 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 on two (2) parcels located within the Carroll Industrial Park. These proposed uses would not have any significant impacts on the adjoining properties. The 2035 Comprehensive Plan identifies these properties 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 County’s Eastern Road Plan. 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.A site plan shall be submitted and approved by Frederick County prior to the establishment of this use on these properties. The site plan for the property identified as 43-21-7 shall be designed to accommodate the future Route 37 ROW. 3.The site plan 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 otherwise provide for the acquisition of the future Route 37 ROW. Following this public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. Page 2 CUP #04-21, CClan LLC June 4, 2021 LOCATION: The subject properties are located on Ebert Road. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 43-21-7 & 43-21-8 PROPERTY ZONING & PRESENT USE: Zoned: M2 (General Industrial) Land Use: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: M2 (Industrial General) Use: Vacant South: M2 (Industrial General) Use: Vacant East: M2 (Industrial General) Use: Industrial West: Interstate 81 Use: Interstate Highway PROPOSED USE: This is a request for a Conditional Use Permit (CUP) for tractor truck and tractor truck trailer parking use on the properties. REVIEW EVALUATIONS: 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 on Route 837 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 Fire Marshall: Approved Planning and Zoning: This Conditional Use Permit (CUP) has been applied for in response to a zoning violation for operating a tractor truck and tractor truck trailer parking an on these properties without an approved CUP. An approved CUP is one avenue to abate this violation. The Frederick County Zoning Ordinance allows for tractor truck and tractor truck trailer parking use as a conditional use in the M2 (Industrial General) Zoning District with an approved Conditional Use Permit (CUP). These proposed tractor truck and tractor truck trailer parking lots will be located on two (2) parcels within the Carroll Industrial Park. The 2035 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 tool and will be instrumental to the future planning efforts of the County. A goal of the Area Plan and the County’s Eastern Road Plan is the implementation of Route 37. Page 3 CUP #04-21, CClan LLC June 4, 2021 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. 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. STAFF CONCLUSIONS FOR THE 06/16/21 PLANNING COMMISSION MEETING: This is a request for a Conditional Use Permit (CUP) for a tractor truck and tractor truck trailer parking on two (2) parcels located within the Carroll Industrial Park. These proposed uses would not have any significant impacts on the adjoining properties. The 2035 Comprehensive Plan identifies these properties within an area of the County intended to remain industrial in nature. This CUP should implement the policies expressed in the Comprehensive Plan, addressing future Route 37, which is a feature of the County’s Eastern Road Plan. Should the Planning Commission find this application to be appropriate, Staff recommends 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 on these properties. The site plan for the property identified as 43-21-7 shall be designed to accommodate the future Route 37 ROW. 3.The site plan 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 otherwise provide for the acquisition of the future Route 37 ROW. Following this public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors.