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HomeMy WebLinkAbout04-21 BOS Staff ReportCONDITIONAL USE PERMIT #04-21 CClan LLC 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 on two (2) parcels located within the Carroll Industrial Park. The 2035 Comprehensive Plan identifies these properties within an area of the County intended to remain industrial in nature. It should be noted that the Comprehensive Plan depicts future Route 37 on the western boundary of this property. Condition 2 as outlined below does require any site plans to accommodate future Route 37 but does not provide for acquisition of any right-of-way. 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 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. 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 #04-21, CClan LLC July 1, 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 (Industrial General) 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: The Comprehensive Plan 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. 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 Page 3 CUP #04-21, CClan LLC July 1, 2021 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. The Zoning Ordinance 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 facility 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). 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 on two (2) parcels located within the Carroll Industrial Park; the subject properties are located on Ebert Road, in the Stonewall Magisterial District. It was Page 4 CUP #04-21, CClan LLC July 1, 2021 noted that this CUP has been applied for in response to a zoning violation for operating a tractor truck and tractor truck trailer parking on these properties without an approved CUP and approval of a CUP is one avenue to abate this violation. Staff then provided an overview of the Comprehensive Plan policies, the supplementary use regulations that pertain to parking as outlined in the zoning ordinance and the proposed conditions. Staff noted that the conditions do not provide for acquisition of the ROW for future Route 37. Ms. Beth Lewin representing the Application came forward and gave a brief history of the property. She noted she was not aware that a CUP was needed and that this use is temporary as the property is for sale. A motion was made, seconded, and unanimously passed to recommend approval of CUP #04-21 C Clan, LLC (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.