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HomeMy WebLinkAbout04-23 BOS Staff Report CONDITIONAL USE PERMIT #04-23 LEE EBERT, LLC (LEE EBERT) Staff Report for the Board of Supervisors Prepared: August 31, 2023 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: 08/16/23 Recommended Approval Board of Supervisors: 09/13/23 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 5.37+/- acres located on Ebert Road. The subject property is within the Stonewall Magisterial District. Should the Board of Supervisors find this use to be appropriate, the Planning Commission 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 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. 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 #04-23, Lee Ebert, LLC (Lee Ebert) August 31, 2023 LOCATION: The subject property is located west of Route 11 North (Martinsburg Pike) and North of Ebert Road MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 44-A-6A PROPERTY ZONING & PRESENT USE: Zoned: M2 (General Industrial) Land Use: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Vacant/Unimproved South: M1 (Light Industrial District) & M2 (Industrial General District) Use: Industrial East: M2 (Industrial General District) Use: Industrial West: M2 (Industrial General District) Use: Industrial PROPOSED USE: This is a request for a Conditional Use Permit (CUP) to enable a tractor truck and tractor truck trailer parking on 5.37 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 5.37+/- acres off Ebert Road. A total of one-hundred seven (107) parking spaces is proposed. Access to the property is provided by a commercial entrance from Ebert Road from Route 11. Comprehensive Plan Land Use Compatibility: Tractor Trailer and Tractor Trailer Truck Parking is a permitted use in the M2 (Industrial General) Zoning District with an approved Conditional Use Permit (CUP). This proposed use will take place on a 5.37 +/- acre parcel adjacent to properties that are zoned M2 and RA (Rural Area). The 2040 Comprehensive Plan provides guidance when considering any land use actions. The area where this property is located is outside the Urban Development Area (UDA) and inside the Sewer and Water Service Area (SWSA). This area of the County is intended to remain industrial in nature. The CUP application, as proposed, generally meets the intent and goals of the Plan. 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 Page 3 CUP #04-23, Lee Ebert, LLC (Lee Ebert) August 31, 2023 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. Virginia Department of Transportation: A VDOT Review has been completed for the Conditional Use Permit for Lee Ebert, LLC., to operate a Tractor Truck and Tractor Truck Trailer parking facility at 203 Ebert Road, Winchester. This parcel is identified as TM #44-A-6A and consists of 5.3686 acres. The existing access to the facility appears adequate for the proposed use outlined in the CUP application. We have no objection to the proposal at this time. Should the use expand in the future, we would appreciate the opportunity to revisit at that time to determine if any improvements would be needed. Frederick County Fire Marshall: Approved PLANNING COMMISSION SUMMARY AND ACTION FROM THE 08/16/23 MEETING: The Planning Commission held a public hearing to consider this Conditional Use Permit on August 16, 2023. The Chairman questioned, for clarification, about the current zoning violation. Staff stated that the presented Conditional Use Permit would abate the violation and the property would be brought into compliance with the zoning ordinance. The Planning Commission unanimously voted to recommend approval of the CUP as presented and sent the item forward to the Board of Supervisors. 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 Page 4 CUP #04-23, Lee Ebert, LLC (Lee Ebert) August 31, 2023 all concerns raised by the Board of Supervisors.