HomeMy WebLinkAbout04-23 PC Staff Report
CONDITIONAL USE PERMIT #04-23
LEE EBERT, LLC (LEE EBERT)
Staff Report for the Planning Commission
Prepared: August 9, 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 Pending
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 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 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, 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 #04-23, Lee Ebert, LLC (Lee Ebert)
August 9, 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
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CUP #04-23, Lee Ebert, LLC (Lee Ebert)
August 9, 2023
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 se tback 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
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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