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Home My WebLink About13-21 PC Staff ReportCONDITIONAL USE PERMIT #13-21 Upper Valley Estate LLC-Trailer Storage Staff Report for the Planning Commission Prepared: December 6, 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: 12/15//21 Pending Board of Supervisors: 01/12/22 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) to allow for a tractor truck and tractor truck trailer parking facility on three parcels. The site is located between Crown Lane and Welltown Road, approximately 300’ north of the intersection of Martinsburg Pike and Welltown Road, adjacent to and south of the Winchester & Western Railroad in the Stonewall Magisterial District. The subject properties are currently zoned M1 (Light Industrial) District; The Comprehensive Plan identifies these properties with a future commercial land use designation which is inconsistent with the existing zoning of the site. Should the Planning Commission find this use to be appropriate, Staff would suggest the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. A site plan shall be submitted to and approved by Frederick County prior to the establishment of this use. 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. Parcels 43-A-51, 43-2-B and 43-3-E shall be consolidated prior to site plan approval. 4. Access to Welltown Road (Route 661) shall be prohibited; furthermore, the existing entrance on Welltown Road shall be closed. Access to this site shall only occur via Crown Lane. 5. Any expansion or modification of this use will require a new Conditional Use Permit. 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 #13-21, Upper Valley Estate LLC December 6, 2021 LOCATION: The subject properties are located between Crown Lane and Welltown Road, approximately 300’ north of the intersection of Martinsburg Pike and Welltown Road, adjacent to and south of the Winchester & Western Railroad. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 43-A-51, 43-2-B and 43-3-E PROPERTY ZONING & PRESENT USE: Zoned: M1 (Light Industrial) Land Use: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: M1 (Light Industrial) Use: Vacant South: B2 (General Business) / M1 (Light Industrial) Use: Vacant/Business East: B2 (General Business) Use: Business West: M1 (Light Industrial) Use: Industrial/Vacant PROPOSED USE: Request for a Conditional Use Permit (CUP) for a tractor truck and tractor truck trailer parking facility on three parcels. REVIEW EVALUATIONS: Virginia Department of Transportation: Please see email from Timothy Rhodes, VDOT Land Development Engineer dated April 6, 2021. Frederick County Inspections: No comments for trailer parking. Frederick County Public Works: A detailed site plan including stormwater management plan and erosion and sediment control plan shall be submitted and approved prior to any land disturbance permit being issued. Plans shall comply with County Code Chapter 143. 1. Major overhead power lines will need to be moved prior to developing project if they are to be impacted. 2. There are existing downstream drainage issues so the stormwater management plan shall address these issues. Frederick County Fire Marshall: Approved Frederick Water: The subject parcel is in the SWSA. Frederick Water will provide comments at the site plan submission. That said, here are some things for you to consider when preparing the site plan: Page 3 CUP #13-21, Upper Valley Estate LLC December 6, 2021 1. Show existing 3” pvc force main per a field locate 2. Show existing FCSA/FW easement(s) as well as other if applicable including DB/PG or instrument number 3. SWM pond 2 appear to be over or close to the existing force main and the SWM pond needs to be relocated off the easement 4. Test pits to confirm minimum 3’ cover shall be performed per Frederick Water inspector’s requirements 5. Propose means for protecting existing 3” pvc force main from heavy truck traffic Planning and Zoning: The Comprehensive Plan The Comprehensive Plan of Frederick County is a guide for making decisions regarding land use actions. The Northeast Land Use Plan (“Area Plan”) of the Comprehensive Plan identifies these properties with a future commercial land use designation which is inconsistent with the existing zoning of the site. The Zoning Ordinance The Frederick County Zoning Ordinance allows for tractor truck and tractor truck trailer parking facilities as a conditional use in the M1 (Light Industrial) Zoning District. 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 Page 4 CUP #13-21, Upper Valley Estate LLC December 6, 2021 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. Proposed Use This proposed tractor truck and tractor truck trailer parking facility would be located on three parcels that total 3.4 acres. The site would consist of eighty-five (85) truck parking spaces with a gravel surface. The site includes a 50-foot zoning district buffer along the adjacent B2 zoned properties to the south/west; a double row of evergreen trees would be required along Welltown Road and Crown Lane and a single row along the rear of the site. Transportation: The concept plan submitted with this application identifies access to this site via a right-in entrance on Welltown Road and an entrance on Crown Lane. VDOT has indicated that this entrance would require further vetting and therefore is not currently approved by VDOT. With this application, while the Applicant has depicted access to Welltown Road, Staff has included a condition prohibiting this access and requiring the closure. The closure of this entrance will ease any future stacking, turning actions, and uses on Welltown Road. The use of an entrance on Crown Lane would require trucks to utilize the signalized intersection of Crown Lane and Martinsburg Pike to access the site. Following this public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors.