HomeMy WebLinkAbout10-22 PC Staff ReportCONDITIONAL USE PERMIT #10-22
CClan LLC
Staff Report for the Planning Commission
Prepared: November 17, 2022
Staff Contact: Amy Light Feltner, Planner
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: 12/07/22 Pending
Board of Supervisors: 01/11/23 Pending
EXECUTIVE SUMMARY:
This is a request for a Conditional Use Permit (CUP) to enable a tractor truck and tractor truck trailer
parking on one parcel totaling approximately 20.87 acres located within the Carroll Industrial Park.
The subject property is within the Stonewall Magisterial District.
Should the Planning Commission find this use to be 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 this property. The site plan for the property identified as 43-21-6 shall depict
future Route 37 right-of-way. 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. Any expansion or modification of this use will require approval of a new conditional use
permit.
Staff notes that the above conditions do not otherwise provide for the dedication of the future
Route 37 right-of-way.
Following this public hearing, it would be appropriate for the Planning Commission to offer a
recommendation concerning this application to the Board of Supervisors.
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CUP #10-22, CClan LLC
November 17, 2022
LOCATION: The subject property is located north of Route 11 North (Martinsburg Pike) and
Milton Ray Drive and immediately south of Interstate-81.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 43-21-6
PROPERTY ZONING & PRESENT USE: Zoned: M2 (General Industrial)
Land Use: Vacant/Unimproved
ADJOINING PROPERTY ZONING & PRESENT USE:
North: M2 (Industrial General) Use: Vacant
South: M2 (Industrial General) Use: Tractor-Truck Trailer Parking
East: M2 (Industrial General) Use: Industrial
West: Interstate 81 Use: Interstate Highway
PROPOSED USE: This is a request for a Conditional Use Permit (CUP) to enable a tractor truck
and tractor truck trailer parking on 20.87 acres.
REVIEW EVALUATIONS:
Planning and Zoning:
Proposal:
This is a request for a conditional use permit (CUP) to enable a tractor truck and tractor truck
trailer parking lot on one (1) parcel totaling 20.87 acres within the Carroll Industrial Park. A total
of three-hundred-fifty-six (356) parking spaces are proposed. Access to the property is provided
by a commercial entrance from Milton Ray Drive from Route 11.
The applicant/owner also has an existing/approved CUP #04-21 (approved July 14, 2021) for
three hundred ninety-eight (398) tractor truck and tractor trailer truck parking on two (2) other
parcels in the industrial park, immediately south of the subject property across Milton Ray Drive
(PINs 43-21-7 & 43-21-8).
Comprehensive Plan Land Use Compatibility:
The 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
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CUP #10-22, CClan LLC
November 17, 2022
tool and will be instrumental to the future planning efforts of the County. A goal of the NELUP
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
Comprehensive Plan should be implemented. Condition #2 proposes requiring the
applicant/owner to depict future Route 37 on the site plan, as an acknowledgement of the future
condition of the property. Relative to the Comprehensive Plan, however, Staff notes that the
conditions do not provide for the dedication of the future Route 37 right-of-way (ROW).
Zoning Ordinance Requirements:
The Frederick County Zoning Ordinance (Chapter 165) allows for tractor truck and tractor truck
trailer parking use as a primary use on M2 (Industrial General) zoned property through an
approved conditional use permit. Additional regulations for specific uses contained in the Zoning
Ordinance require tractor truck and tractor truck trailer parking lots implement the following
requirements in accordance with §165-204.24.
• All areas utilized for the parking of tractor trucks and 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 the roadways.
• No inoperable tractor trucks or damaged/salvaged 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 the 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.
Additionally, the subject property is identified as partially within a FEMA floodplain. Any
disturbance within the floodplain shall be mitigated at the time of site plan approval and requires
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CUP #10-22, CClan LLC
November 17, 2022
approval by the Zoning Administrator. (§165-702.16(A)).
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 is located on the portion of the road
which meets VDOT entrance requirements. Based on this information, VDOT can support the
CUP request.
Frederick County Fire Marshall: Approved
STAFF CONCLUSIONS FOR THE 12/07/22 PLANNING COMMISSION MEETING:
This is a request for a Conditional Use Permit (CUP) to enable a tractor truck and tractor truck trailer
parking on one parcel totaling approximately 20.87 acres located within the Carroll Industrial Park.
The subject property is within the Stonewall Magisterial District.
Should the Planning Commission find this use to be 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 this property. The site plan for the property identified as 43-21-6 shall depict
future Route 37 right-of-way. 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. Any expansion or modification of this use will require approval of a new conditional use
permit.
Staff notes that the above conditions do not otherwise provide for the dedication of the future
Route 37 right-of-way.
Following this public hearing, it would be appropriate for the Planning Commission to offer a
recommendation concerning this application to the Board of Supervisors.
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