HomeMy WebLinkAbout13-21 BOS Staff Report - JanuaryCONDITIONAL USE PERMIT #13-21
Upper Valley Estate LLC-Trailer Storage
Staff Report for the Board of Supervisors
Prepared: January 3, 2022
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 Recommended Denial
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. Furthermore, the transportation
network in this area of the County is constrained; Staff would recommend that the Board of
Supervisors consider whether the introduction of additional tractor trailer traffic through these
congested intersections is desirable at this time as noted by VDOT and Staff. The Planning
Commission at their meeting on December 12, 2021 recommended denial of this request.
Should the Board of Supervisors 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. Any expansion or modification of this use will require 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.
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CUP #13-21, Upper Valley Estate LLC
January 3, 2022
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) Use: 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:
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CUP #13-21, Upper Valley Estate LLC
January 3, 2022
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 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
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CUP #13-21, Upper Valley Estate LLC
January 3, 2022
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.
Staff would note that the transportation network in this area of the County is constrained.
Careful consideration should be given as to whether the introduction of additional tractor trailer
traffic through these congested intersections is appropriate.
PLANNING COMMISSION SUMMARY AND ACTION FROM THE 12/15/21
MEETING:
Staff provided an overview of the request and the proposed conditions. Commissioner Thomas
commented regarding Condition #4, in the VDOT comments it says they recommend an
additional study; why wouldn’t we hold off on that condition until after the VDOT study. (Staff
Note: this condition has been removed) Mr. Cheran noted the Commission can certainly make
this change to the condition. Mr. Bishop stated he feels comfortable in that VDOT will want a
right-in only. Chairman Kenney inquired with the by-right uses this could be something else and
if so, would it be introduced back to the intersection. Mr. Cheran co mmented that is correct.
Commissioner Brannon noted in the Comprehensive Plan this area is designated as a commercial
setting. Mr. John Bishop explained the transportation aspects of M1 (Light Industrial) Zoning
District.
Ron Mislowsky of Pennoni Associates, representing the Applicant came forward and shared a
brief overview of the property. Mr. Mislowsky pointed out the trips per day count and requested
that the Planning Commission not impose the right-in condition and allow VDOT to determine if
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CUP #13-21, Upper Valley Estate LLC
January 3, 2022
it would be allowed.
Commissioner Jewell shared his concerns with Welltown Road; he also stated that a right-in on
Welltown may be acceptable. Commissioner Molden commented on the potential for lanes
added to Welltown Road and if so, that he would be in favor of the right-in. Commissioner
Thomas stated that the right-in would work better and he would like Condition #4 changed to
state that the Applicant would need to comply with the recommendations of VDOT.
Commissioner Brumback noted all trucks will have to come out of Crown Lane and this will
create a bad situation. Chairman Kenney commented this is a tough area and he would not want
to make the traffic conditions in this area worse, however this is a parcel of land that they have
worked a long time to find a suitable use for.
There were no public comments during the public hearing and the Planning Commission
recommended denial of Conditional Use Permit #13-21 for Upper Valley Estate, LLC. (Note:
Commissioner Oates abstained on this item for a possible conflict of interest)
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