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HomeMy WebLinkAbout08-18 Trailer Drop LLC - PIN 43-19-64 - Stonewall - BackfileOPEN FILE: S ;�t-� lky I� Sad �8 trao I (k 15 I� CLOSE FILE: Sys ID # CUP TRACKING SHEET File opened Reference Manual updated/number assigned D-base updated Location maps requested from Mapping Dept. Adjoiner list given to Planner Scan documents to Planning S: drive Application Action Summary updated Scan additional items as needed (Project Planner to direct) ACTION �pos+ponj d. L 5 6D\35 Planning Commission Meeting Pt Bea - ores l..eeting &OOL18 sc�pefolsors Approval (or denial) letter mailed to applicant, copy to Inspections Dept., copy to file and other cc's File stamped "approved", "denied" or "withdrawn" Reference manual updated D-base updated Scanning updated Application Action Summary updated 0- CIL-,- / cl- -.,� alz,- . DATE 5 RECEIVED FROM FOR RECEIPT 721569 !!�c v Loo = nC i;"cldh� �c���n Wi nC1�.Stcv-, VA aa( 0s fired t �ltV- II(tYS and =ROuARS $ SRR on cJ ct's i+ ACCOUNT HO nPAID B ©2001 REDIFOWV S1657N-Cl Updated Ordinance - Planning Commission Public Hearing Agenda Item # 4 Conditional Use Permit 408-18 for Trailer Drop, LLC Action: PLANNING COMMISSION: BOARD OF SUPERVISORS: ORDINANCE June 20, 2018 Public Hearing Held, Postponed for 45 days August 15, 2018 Recommended Approval September 12, 2018 Approved ORDINANCE CONDITIONAL USE PERMIT #08-18 TRAILER DROP, LLC WHEREAS, Conditional Use Permit #08-18 for a tractor truck and tractor trailer parking use, submitted by GreyWolfe, Inc., for tractor truck and tractor truck trailer parking located within the Stonewall Industrial Park was considered. The subject property is located at Stonewall Industrial Park at the end of McGhee Road (Route 861), Winchester, Virginia and is further identified with Property Identification Number .43-19-64 in the Stonewall Magisterial District, and WHEREAS, the Frederick County Planning Commission held a public hearing on the Conditional Use Permit on June 20, 2018 and postponed the Application for 45 days, and the Planning Commission then held a public meeting on this Conditional Use Permit on August 15, 2018 and recommended approval; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit during their regular meeting on September 12, 2018; and, WHEREAS, the Frederick County Board of Supervisors finds the approval of this Conditional Use Permit to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County.Code, Zoning, is amended to revise the zoning map to reflect that Conditional Use Permit Application #08-18 for tractor truck and tractor trailer parking within the Stonewall Industrial Park on the parcel identified by Property Identification Number 43-19-64 with the following conditions; PDRes #31-18 1. All review agency comments and requirements must be complied with at all times. 2. The site plan for this property shall be designed to accommodate the future Route 37 R-O-W. No structures shall be located within the future Route 37 R-O-W. 3. The site shall meet the requirements of the Frederick County Zoning Ordinance Section 165-204.24 Tractor truck and Tractor truck trailer parking. 4. At such time this property develops with a by -right M1 Light Industrial use, this Conditional Use Permit shall be null and void. 5. Any expansion or change of use shall require a new Conditional Use Permit. Passed this 12th day of September 2018 by the following recorded vote: ` Charles S. DeHaven, Jr., Chairman Aye J. Douglas McCarthy Aye Shannon G. Trout Aye Robert W. Wells Aye Y BOS Res. #022-18 Gary A. Lofton Aye Judith McCann -Slaughter Aye Blaine P. Dunn Aye A COPY ATTEST Kris C. iern Frederick County Administrator COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 September 13, 2018 GreyWolfe, Inc. Gary R. Oates, LS-B, PE 1073 Redbud Road Winchester, VA 22603 Re: CUP #08-18 Trailer Drop; Property Identification Number 43-19-64 Dear Gary: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on September 12, 2018. Conditional Use Permit #08-18 was approved for a tractor truck and tractor truck trailer parking use. Further conditions associated with the approval of the Conditional Use Permit include the following: 1. All review agency comments and requirements shall be complied with at all times. 2. The site plan for this property shall be designed to accommodate the future Route 37 R-O-W. No structures shall be located within the future Route 37 R-O-W. 3. The site shall meet the requirements of the Frederick County Zoning Ordinance Section 165- 204.24 Tractor truck and Tractor truck trailer parking. 4. At such time this property develops with a by -right MI light industrial use, this conditional use permit shall be null and void. 5. Any expansion or change of use shall require a new Conditional Use Permit. If you have any questions regarding this action, please feel free to call this office. Sincerely, Mark R. Cheran Zoning Administrator MRC/pd cc: Judith McCann -Slaughter, Stonewall Board of Supervisor William H. Cline and Gary R. Oates, Stonewall Planning Commissioners Lenoir City Company of Virginia, P.O. Box 1657, Winchester, VA 22604 Jane Anderson Commissioner of Revenue Inspection Department 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 i 0 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING August 29, 2018 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #08-18 FOR TRAILER DROP, LLC On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, September 12, 2018, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Conditional Use Permit #08-18 for Trailer Drop, LLC — submitted by GreyWolfe, Inc., for a tractor truck and tractor truck trailer parking use as a Conditional Use in the M1 (Light Industrial) District. The property is in Stonewall Industrial Park at the end of McGhee Road (Route 861), Winchester, Virginia and is identified with Property Identification Number 43' 19-64 in the Stonewall Magisterial District. Any interested parties wishing to speak may attend this public hearing. A digital copy of the application will be available for review online through the planner access terminal, at the Handley Library and the Bowman Library the week of the meeting or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, telephone number (540) 665-5651. Infonnation regarding this application will also be available via the Planning Department's website at www.fcva.us. Sincerely, A--- ar Cheran Zoning Administrator MRC/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This i to ertify that the attached correspondence was mailed to the following on g 4 from the Department of Planning and Development, Frederick Coun , Virginia: — — 43 • A• - 19. - 43 •19 . 64-- - — I JPD PROPERTIES LLC LENOIR CITY CO OF VA C'0 FRED A DRUNAGEL PO BOX 1657 PO BOX 3610 WINCHESTER VA 22604.8157 WARRENTON VA 20188.8210 43 • A• - 16- j JDP Properties LLC PARKER KATHRYN L PARKER JAMES W c/o Fred Drunagel 2228 PAPERMILL RD STE B P.O.' Box 3610 WINCHESTER VA 22601.3681 - Warrenton, VA 20188 -43 .19- . 60- SHENWIN LLC --- - --- - - — - -- PO BOX 2555 — ---- — -- ----- STAUNTON VA 24402.2555 43 •19• • 43 - - MULDOWNEY•TICHES ASSOCIATES I LTD LLP CIO OLDCASTLE 331 NEWMAN SPRINGS RD STE 236 RED BANK NJ 07701.6769 43 A. - 21. - - - MORRIS CHERYL GRIMM PO BOX 2802 WINCHESTER VA 22604.2002 43 -9• 4. 73 - MARSHALL MILLS INC C/O FRED A DRUNAGEL PO BOX 3610 WARRENTON VA 20188.8210 Mark Rv Cheran, Zoning & LL4Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do hereby certify that Mark R. Cheran, Zoning & Subdivision Administrator for the Dg?jjfS' of Planning and Development, whose name is signed to the foregoing, dated a , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this a day of My commission expires on J_q�Jxq NOTA jY ITBLI' NOTARY PUBLIC COMM0NW ALTTH OF VIRGINIA MY COMMISSION EXPIRES DECEMBER31, 2C?1 0 • 11 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/665-6395 NOTIFICATION OF PUBLIC HEARING June 6, 2018 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #08-18 FOR TRAILER DROP, LLC On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, June 20, 2018, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Conditional Use Permit #08-18 for Trailer Drop, LLC — submitted by GreyWolfe, Inc., for a tractor truck and tractor truck trailer parking use as a Conditional Use in the Ml (Light Industrial) District. The property is in Stonewall Industrial Park at the end of McGhee Road (Route 861), Winchester, Virginia and is identified with Property Identification Number 43- 19-64 in the Stonewall Magisterial District. Any interested parties wishing to speak may attend this public hearing. A digital copy of the application will be available for review online through the planner access terminal, at the Handley Library and the Bowman Library the week of the meeting or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, telephone number (540) 665-5651. Inforination regarding this application will also be available via the Planning Department's website at www.fcva.us. Sincerely, Zoning Administrator MRC/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This 0 certVat the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick gi i County, ira: _ - -- --- -- — - — - - — — - _ ..- -- - -- — JDP Properties LLC-- 43 -19- '- 64• c/o Fred Drunagel LENOIR CITY CO OF VA P.O. Box 3610 PO BOX 1657 WINCHESTER VA 22604.8157 Warrenton, VA 20188 43 -A- 16- PARKER KATHRYN L -----.--- — - - PARKER JAMES W 394 PARIS HEIGHTS LN PARIS VA 20130.1750 43 -19.. 60 - - _ SHENWIN LLC PO BOX 2555 STAUNTON VA 24402.2555 - 43 •19- - 43 - - - --1 MULDOWNEY-TICHES ASSOCIATES I LTD LLP C/O OLDCASTLE 331 NEWMAN SPRINGS RD STE 236 RED BANK NJ 07701.6769 43 - A- - 21. MORRIS CHERYL GRIMM PO BOX 2802 WINCHESTER VA 22604.2002 - 43 -9• 4. 73- MARSHALL MILLS INC CIO FRED A DRUNAGEL PO BOX 3610 WARRENTON VA 20188.8210 Mark R. heran, Zoning & Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK I, I a - eZ 7�- — a Notary Public in and for the State and County aforesaid, do hereby certify that Mark R. Cheran, Zoning & Subdivision Administrator for the Department of Planning and Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my State( County aforesaid. Given under my hand this C P day of WK-9- My commission expires on NOTAR PUBLIqMALA DEFTER OTARY PUBLIC REGISTRATION I# 354474 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DECEMBER•31, 2021 P "'C C) -TV-, , 0, �' 7. Adjoining Property: TO:LANCEOTA PROCESSING FROM: PAM - Planning Dept. Please print z sets of labels by 3"�\ -� ks, THANKS! USE ZONING North Industrial M-1 East Industrial M-1 South Agricultural RA West Agricultural RA 8. The type of use proposed is (consult with the Planning Dept. before completing): SECTION 165-204.24 - TRACTOR TRUCK AND TRACTOR TRUCK TRAILER PARKING 9. It is proposed that the following buildings will be constructed: NO BUILDINGS - STATE COMMERCIAL ENTRANCE AND GRAVEL LOT ONLY. 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These neoole will be notified by mail of this aovlication: Name and Property Identification Number Address Name Kathryn L. Parker 394 Paris Heights Lane Paris, VA 20130 Property#43-(A)-16 NameShenwin, LLC PO Box 2555 Staunton, VA 24402 Property#43-(19)-60 Name Muldowney-Tiches Associates 331 Newman Springs Road, Suite 236 Red Bank, NJ 07701 Property#43-(19)-43 NameCheryl Grimm Morris PO Box 2802 Winchester, VA 22604 Property # 43-(A)-21 Name Property # Name Property # Name Property # C i v•LAIVC,C-UA I OCLSSING FROM: PAM - Pl*r9 Dept. Pleas print '4 sets of labels by CO 5 1 '�' THANKS! 7. Adjoining Property: USE ZONING North Industrial M-1 East Industrial M-1 South Agricultural RA West Agricultural RA 8. The type of use proposed is (consult with the Planning Dept. before completing): SECTION 165-204.24 - TRACTOR TRUCK AND TRACTOR TRUCK TRAILER PARKING 9. It is proposed that the following buildings will be constructed: NO BUILDINGS - STATE COMMERCIAL ENTRANCE AND GRAVEL LOT ONLY. 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These neoole will be notified by mail of this annlication: Name and Property Identification Number Address Name Kathryn L. Parker 394 Paris Heights Lane Paris, VA 20130 Property # 43-(A)-16 NameShenwin, LLC PO Box 2555 Staunton, VA 24402 Property #43-(19)-60 Name Muldowney-Tiches Associates 331 Newman Springs Road, Suite 236 Red Bank, NJ 07701 Property #43-(19)-43 NameCheryl Grimm Morris PO Box 2802 Winchester, VA 22604 Property # 43-(A)-21 Name Property # `/ Name Property # Name Property # - /C 6 0 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 NOTIFICATION OF PUBLIC HEARING June 6, 2018 Fax: 540/665-6395 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #08-18 FOR TRAILER DROP, LLC On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, June 20, 2018, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Conditional Use Permit #08-18 for Trailer Drop, LLC — submitted by GreyWolfe, Inc., for a tractor truck and tractor truck trailer parking. The property is in Stonewall Industrial Park at the end of McGhee Road (Route 861), Winchester, Virginia and is identified with Property Identification Number 43-19-64 in the Stonewall Magisterial District. Any interested parties wishing to speak may attend this public hearing. A digital copy of the application will be available for review online through the planner access terminal, at the Handley Library and the Bowman Library the week of the meeting or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, telephone number (540) 665-5651. Information regarding this application will also be available via the Planning Department's website at www.fcva.us. Sincerely, Mark R. Cheran Zoning Administrator YY1 C hek MRC/pd __.11 U-�ALP �a G n pLq 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 0 0 FREDERICK COUNTY DEPARTMENT OF PLANNING AND DEVELOPMENT MAP REQUEST DATE RECEIVED: 05/24/18 REQUESTED COMPLETION DATE: 06/06/18 REQUESTING AGENT: Pam STAFF MEMBER: Mark TYPE OF MAP: Comp Plan Transportation Locator ✓ TDR Ag & Forest District CIP Other PIN: 43-19-64 DESCRIPTION OF REQUEST: CUP #08-18 Trailer Drop, LLC Tractor Truck and Tractor Truck Trailer Parking Easy Peel® Labels a ®i Bend along line to �A�RY®5161® i Use Avery® Template 51610 Fee per ®j expose Pop-up T"" 43 9.4• 73- MARSHALL MILLS INC CIO FRED A DRUNAGEL PO BOX 3610 WARRENTON VA 20188.8210 I - - - 43 •9• 4. 73. 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We hau Uw amwes W at pw pwhu aN OmMan quusduim,_ tv, SnA an —cud w "ej pwwa Y"an m saps KDw= `ye x By a, mazy am_i. u,", lhi-�j press! a V A base, pour 111m; J%hymallm Bend along line to gAVERY@51610 i expose Pop-up EdgeTM j 43 •19- • 64- LENOIR CITY CO OF VA PO BOX 1657 WINCHESTER VA 22604.8157 43 19- • 64- LENOIR CITY CO OF VA j PO BOX 1657 WINCHESTER VA 22604.8157 j - - - 43 A- • 16• - PARKER KATHRYN L PARKER JAMES W 394 PARIS HEIGHTS LN PARIS VA 20130.1750 - - 43 • A" - 16• - PARKER KATHRYN L PARKER JAMES W 394 PARIS HEIGHTS LN PARIS VA 20130.1750 43 -19• • 60- SHENWIN LLC PO BOX 2555 STAUNTON VA 24402.2555 - 43 -19•-• 60 SHENWIN LLC PO BOX 2555 STAUNTON VA 24402.2555 l 43 •19- - 43• MULDOWNEY•TICHES ASSOCIATES I LTD LLP CIO OLOCASTLE 331 NEWMAN SPRINGS RD STE 236 RED BANK NJ 07701.6769 43 -19- • 43- - - MULDOWNEY•TICHES ASSOCIATES I LTD LLP CIO OLDCASTLE 331 NEWMAN SPRINGS RD STE 236 RED BANK NJ 07701.6769 43 .A.-21 - _ - i MORRIS CHERYL GRIMM PO BOX 2802 WINCHESTER VA 22604.2002 I --- - - - 43-.A. - 21- MORRIS CHERYL GRIMM PO BOX 2802 WINCHESTER VA 21604.2002 Repliez i la hachure afin de www.avery.com r6v6ler le rebord Pop-upm' 1-800-GO-AVERY al �p ('I ou Isptaw my, MI r 16 The Frederick County Transportation Co Monday, May 21, 2018 in the Board of Frederick County Administration Buildir AGENDA 1. 2. 3. Perry Road Speed Study ' Old Charlestown Road Bridge Interstate, Primary, and Secondary 4. County Project Updates 5. Upcoming Agenda Items 6. Other Please contact our Department if you are Attachments JAB/pd 107 North Kent Street, Suite 2021 0 0 Pam Deeter To: Judy McCann -Slaughter; wcline.fredcogovpc@icloud.com; Gary Oates Subject: CUP #08-18 Trailer Drop approval Attachments: Trailer Drop approval.doc Good afternoon, Please find attached an approval letter from Mr. Cheran for the CUP.#08-18 Trailer Drop which is in your magisterial district. If you have any questions, please contact Mr. Cheran. Pam Deeter Planning and Development 107 N. Kent Street, Suite 202 Winchester, VA 22601 (540) 665-5651 Pam Deeter From: Microsoft Outlook To: Judy McCann -Slaughter Sent: Thursday, September 13, 2018 1:44 PM Subject: Delivered: CUP #08-18 Trailer Drop approval Your message has been delivered to the following recipients: Judy McCann -Slaughter (jslaughter@fcva.us) Subject: CUP #08-18 Trailer Drop approval LI U Pam Deeter From; Microsoft Outlook To: 'Gary Oates' Sent: Thursday, September 13, 2018 1:44 PM Subject:. Relayed: CUP #08-18 Trailer Drop approval Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: 'Gary Oates' (oatesgr@aol.com) Subject: CUP #08-18 Trailer Drop approval SPRING VALLEY - LOT 73 ^ ^ \ 43-((9))-(4)-73 \ MARSHALL MILLS, INC. 43-(AJ-19 \ DZONED.., RAPG TS � 3PD PROPERTIES, llC USE: VAfANT-AGRICULTURE bA / 140007602 \ 5.01 ACRES pVPn Eko r/ ZONED: RA \ LPL p/RKEICULN0. /� C USE: AGRICULTURE aUa'yryL .pG0. / 37.78 ACRES \ / va BgIN PJ 16 NEp'. a' ES / 0 8 09012, SHfNANDOUI WRIER' CID 69' \\ 43-(19)60 - 418' / / / / / I / I I , / \ SHENWIN, LLC \ f7,06j1 / 1050016638 ZONED: 14-1 USE: WAREHOUSE-' 200ACRES✓" V, Mc{,HEE ROMP \ ? Q 43-(A)-2I �/ j/ /� W WGRMM 2 S B 116IPG 363 ` 71 I �/ / \ F y W ONEO: RA M 76.06AC. 43-(19)-43 I r 43-(19)-63 MULDOWNEY-T1CHfS JJ ASSOGATES AASMARLYE 030024815 GRANITE, INC. J / ZONED: M-] 060017619 0 1 / USE: OUTDOOR STORAGE ZONED. M=I II USE WAREHOUSE 2 ------- -- 6.9SACRES i �l 7.19ACRES `I �7_� EX. 20'ORA/N4Gf EASEMENT -J06(hT7067] 537°48'35'W-47781' Property Data Tax Map Number 43-(19)-64 Address 660 McGhee Road % Area 4.943 acres DATE: 7-19-2018 Zoning M-1 60' 0' 60' Legal References #060020671 SCALE: 1"=60' Existing Use Vacant DRAWN BY: GRO GRAPHIC SCALE Proposed Use Trailer Parking Lot JOBNO. #0600 CONDITIONAL USE PERMIT #08-18 COUP TRAILER DROP, LLC w� Staff Report for the Board Supervisors w Prepared: August 30, 2018 ,pGlryl Staff Contact: Mark R. Cheran, Zoning Administrator IM Reviewed Planning Commission: 06/20/18 Planning Commission: 08/15/18 Board of Supervisors: 09/12/18 Action Public Hearing Held; Postponed 45 Days Recommend Approval Pending PROPOSAL: Request for a Conditional Use Permit (CUP) for a tractor truck and tractor truck trailer parking use. LOCATION: The subject property is located in Stonewall Industrial Park at the end of McGhee Road (Route 861), Winchester. EXECUTIVE SUMMARY AND PLANNING COMMISSION RECOMMENDATIONS FOR THE 09/12/18 BOARD OF SUPERVISORS MEETING: This is a request for a Conditional Use Permit (CUP) for a tractor truck and tractor truck trailer parking located within the Stonewall Industrial Park. This CUP use would not have any significant impacts on the adjoining properties. The 2035 Comprehensive Plan identifies this property within an area of the County intended to remain industrial in nature. This CUP should implement the policies expressed in the Comprehensive Plan, in particular, addressing future Route 37, which is a feature of the County's Eastern Road Plan. The Planning Connnission at its June 6, 2018 meeting held a public hearing on this proposed use. The Planning Commission postponed action on this item to allow the Applicant the opportunity to work with Staff on additional conditions to address construction of structures within the proposed Route 37 Right -Of -Way (R-O-W). The Planning Commission expressed that this application should address the Route 37 right-of-way, it should ensure that structures associated with the future are not located in the future R-O-W. Staff has amended Condition #2 and added Condition #4 to address the concerns raised by the Planning Connnission. Should the Board of Supervisors find this use. appropriate, the Planning Commission would recornrnend the following conditions be placed on the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. The site plan for this property shall be designed to acconnnodate the future Route 37 R-O-W. No structures shall be located within the future Route 37 R-O-W. 3. The site shall meet the requirements of the Frederick County Zoning Ordinance Section 165- 204.24 Tractor truck and Tractor truck trailer parking. Page 2 CUP #08-18, Trailer Drop, LLC August 30, 2018 4. At such time this property develops with a by -right M1 light industrial use, this conditional use permit shall be null and void. 5. Any expansion or change of use shall require a new Conditional Use Permit. Relative to the Comprehensive Plan, however, Staff notes that the conditions do not otherwise provide for the acquisition of the future Route 37 R-O-W. Following the public hearing, a decision reeardinje this Conditional Use Permit application by the Board oard_ of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Page 3 CUP #08-18, Trailer Drop, LLC August 30, 2018 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 application. It may also be useful to others interested in this zoning matter. Reviewed Planning Commission: 06/20/18 Planning Commission: 08/15/18 Board of Supervisors: 09/12/18 Action Public Hearing Held; Postponed 45 Days Recommend Approval Pending PROPOSAL: Request for a Conditional Use Permit (CUP) for tractor truck and tractor buck trailer parking use. LOCATION: The subject property is located in Stonewall Industrial Park at the end of McGhee Road (Route 861), Winchester. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 43-19-64 PROPERTY ZONING: M1 (Light Industrial) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: MI (Light Industrial) Use: Industrial South: MI (Light Industrial) Use: Industrial East: RA (Rural Areas) Use: Agricultural West: RA .(Rural Areas) Use: Agricultural REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have a measurable impact on Route 861, the VDOT facility which would provide access to the property as noted in the application. This VDOT office supports this CUP request. Prior to operation of the business a commercial entrance must be constructed on McGhee Road, to our standards to allow safe ingress of the property. Any work on the State's right-of-way must be covered under a land use permit.. The permit is issued by this office and requires an inspection fee and bond surety. Frederick Water: The requested use does not propose to utilize Frederick Water's water and sewer services. Frederick Water offer no comments. Page 4 CUP #08-18, Trailer Drop, LLC August 30, 2018 Frederick County Fire Marshal: Approved. Planning and Zoning: The Frederick County Zoning Ordinance allows for tractor truck and tractor truck trailer parking use as a conditional use in the M1 (Light Industrial) Zoning District with an approved Conditional Use Permit (CUP). This proposed tractor truck and tractor truck trailer parking lot will be located within the Stonewall Industrial Park. The 2035 Comprehensive Plan of Frederick County ("Comprehensive Plan") is an official public 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 tool and will be instrumental to the future planning efforts of the County. A goal of the Area Plan 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. Relative to the Comprehensive Plan, however, Staff notes that the conditions do not provide for the acquisition of the future Route 37 R-O-W. EXECUTIVE SUMMARY AND STAFF CONCLUSIONS FOR THE 06/20/18 PLANNING COMMISSION MEETING: This is a request for a Conditional Use Permit (CUP) for a tractor truck and tractor truck trailer parking located within the Stonewall Industrial Park. This CUP use would not have any significant impacts on the adjoining properties. The 2035 Comprehensive Plan identifies this property within an area of the County intended to remain industrial in nature. This CUP should implement the policies expressed in the Comprehensive Plan, in particular, addressing future Route 37, which is a feature of the County's Eastern Road Plan. Should the Planning Commission find this use 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 tunes. 2. The site plan for this property shall be designed to accommodate the future Route 37 R-O-W. 3. The site shall meet the requirements of the Frederick County Zoning Ordinance Section 165- 204.24 Tractor truck and Tractor hock trailer parking. 4. Any expansion or change of use shall require a new Conditional Use Permit. Relative to the Comprehensive Plan, however, Staff notes that the conditions do not provide for the acquisition of the future Route 37 R-O-W. Page 5 CUP #08-18, Trailer Drop, LLC August 30, 2018 PLANNING COMMISSION SUMMARY AND ACTION OF THE 06/20/18 MEETING: Staff began by presenting a location mapof the property. Mr. Cheran reported this is a request for a Conditional Use Permit (CUP) for a tractor truck and tractor truck trailer parking located within the Stonewall Industrial Park. Staff noted, this CUP use would not have any significant impacts on the adjoining properties. Staff continued, the Zoning Ordinance allows for tractor truck and tractor truck trailer parking use as a conditional use in the M1 Zoning District with an approved CUP. Staff noted the Northeast Land Use Plan and the Eastern Road Plan of the Comprehensive Plan depicts future Route 37 on the western boundary of this property. Staff presented mapping of the future Route 37 and a drawing provided by the Applicant. Mr. Cheran explained, a goal of the Area Plan and the Eastern Road Plan is the implementation of Route 37. Staff continued, the Zoning Ordinance addresses a CUP as a land use action and as with any land use action the goals of the Comprehensive Plan should be implemented. Mr. Cheran noted, the application does not provide for the acquisition of the future Route 37 right-of-way. Staff would recommend the following conditions: 1. All review agency comments and requirements must be complied with at all tunes. 2. The site plan for this property shall be designed to accormnodate the future Route 37 R-O-W. 3. The site shall meet the requirements of the Frederick County Zoning Ordinance Section 165-204.24 Tractor truck and Tractor truck trailer parking. 4. Any expansion or change of use shall require a new Conditional Use Permit. A Commission Member requested clarification on the mapping that was presented highlighting Route 37 R-O-W: Staff explained the reap shows the alignment of Route 37 and its components. The Commission Member inquired if the owner of the property could by -right construct a building on the site. Staff stated that is correct. The Commissioner asked what legal probability the County would have by not approving something being built on this property. Staff noted the land use plans would have an impact on this. The Commission Member commented, this being a gravel parking lot, there is no permanent implement there that would be in the way of building Route 37; there is no easement on the property therefore, it would increase the amount the County or State would have to pay to get the easement; he asked if that is a fair assessment. Staff responded that is a fair assumption. The Connnission Member inquired if the easement dedication should possibly be made part of the conditions. Erin L. Swisshehn, Assistant County Attorney, commented it is not recommended the R-O-W dedication of Route 37 be made part of the conditions for this CUP as it would possibly not survive the legal challenge. The Commission Member noted this is confusing; it is believed it could survive a legal challenge of not allowing the Applicant to build anything on the property but could not survive a challenge of asking the R-O-W to be dedicated at a future time as part of the conditions. A Commission Member commented, we are not following the Comprehensive Plan; when we venture away from that it becomes cumbersome for all. He read "this CUP shall implement the Page 6 CUP #08-18, Trailer Drop, LLC August 30, 2018 policy expressed in the Comprehensive Plan" and that says a lot. He continued, Condition #2 the word accommodate is a very vague statement. The Commission Member continued, after Condition #4, "relative to the Comprehensive Plan Staff notes that the conditions are not otherwise provided for the acquisition of the future Route 37 R-O-W." He requested clarification on this. Staff explained, the advice of the County Attorney is to recognize the importance of Route 37 and to recognize there is the opportunity for the R-O-W to be shown on the site plan and if the Applicant would choose there is the ability for that to be a component of a condition. He continued, the preferable way would be to recognize Route 37 and show that all site improvements are out of the R-O-W and Condition #2 appears to do that. He concluded, it is also important to recognize this may be a temporary use. A Commission Member commented she is concerned with the traffic in this area. Staff explained that during the site plan process a TIA maybe required. A Commission Member commented the biggest hurdle is the R-O-W for Route 37 being recognized. Staff responded in Condition #2 it states, "the site plan for this property shall be designed to accommodate the future Route 37 R-O-W." A Commission Member shared his concern that this will be setting a precedent by allowing development in the R-O-W of Route 37; he would much rather see gravel on the site than a building. A Commission Member stated the Comprehensive Plan clearly states the Route 37 R-O-W; does this accommodate the intent of the Comprehensive Plan. A Commission Member disagreed, he feels Condition #2 takes care of the R-O-W issue. Staff explained, the Planning Commission needs to be clear on what that condition reads; the accommodation for the Route 37 R-O-W should be recognized and the site improvements should be outside of that R-O-W. He continued, the picture shown on the plan that was submitted has a clear ROW, therefore the Planning Commission's intent on that condition would be that the improvements are only outside of the R-O-W then that's a fair statement; it is not a dedication but recognizing all site improvements be out of the R-O-W. A Commission Member feels we are fortunate that it's proposed to be just a gravel parking lot rather than a building on the property. Mr. Timothy Stowe of Stowe Engineering, PLC, representing the Applicant explained this is a gravel parking lot and nothing more; it will not impede the development of Route 37. Mr. Stowe continued, the Applicant received comments from Planning Staff and the Applicant feels Condition #2 needs clarity and would like it to read "the site plan for the property shows the future Route 37 R-O-W line"; that is be clear where the ROW is. Mr. Stowe noted, the drawing received is a sketch plan to accompany the CUP, and this project takes a piece of land and provides a need in the industrial park and puts this land to use. A Commission Member asked if the Applicant would be willing to put on the site plan a line that shows the future dedication of Route 37; no vertical development will occur in this zone. Mr. Stowe noted that is the intent and to keep it as parking only. A Commission Member asked if they are willing to do that, why not configure now. Mr. Stowe replied the Owner would like the benefit of using the area that is dedicated for the future R-O-W until such time Route 37 will be developed further. A property owner in the Stonewall Industrial Park came forward and requested consideration be given for a rezoning rather than a CUP. He noted, he is not in specific opposition to the Conditional Use; treat with consideration with regards to previous rezoning. 0 • Page 7 CUP #08-18, Trailer Drop, LLC August 30, 2018 A Conunission Member concluded he is concerned the Applicant could build on this property rather than just a gravel parking lot and does not feel traffic will be an issue. The Conunissioner noted the possibility of including something that will take care of the legal aspects while also adhering to the Comprehensive Plan. A Conunission Member commented he would prefer the Planning Conunission not wordsmith a condition at this point; there is an agreement to get there, given the importance of the issue to have the opportunity for the language to be checked and presented with a favorable opinion from the County Attorney. A motion was made, seconded, and unanimously passed to postpone CUP #08-18 Trailer Drop LLC for a period of 45 days. Abstain: Commissioner Oates (Note: Commissioners Marston and Triplett were absent from the meeting.) EXECUTIVE SUMMARY AND. PLANNING COMMISSION RECOMMENDATIONS FOR THE 08/15/18 PLANNING COMMISSION MEETING: This is a request for a Conditional Use Permit (CUP) for a tractor truck and tractor truck trailer parking located within the Stonewall Industrial Park. This CUP use would not have any significant impacts on the adjoining properties. The 2035 Comprehensive Plan identifies this property within an area of the County intended to remain industrial in nature. This CUP should implement the policies expressed in the Comprehensive Plan, in particular, addressing future Route 37, which is a feature of the County's Eastern Road Plan. The Planning Commission at its June 6, 2018 meeting held a public hearing on this proposed use. The Planning Commission postponed action on this item to allow the Applicant the opportunity to work with Staff on additional conditions to address construction of structures within the proposed Route 37 Right -Of -Way (R-O-W). The Planning Commission expressed that this application should address the Route 37 right-of-way, it should ensure that structures associated with the future are not located in the future R-O-W. Staff has amended Condition #2 and added Condition #4 to address the concerns raised by the Planning Conunission. (In bold) Should the Board of Supervisors find this use 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. 7 2. The site plan for this property shall be designed to accommodate the future Route 37 R-O-W. No structures shall be located within the future Route 37 R-O-W. 3. The site shall meet the requirements of the Frederick County Zoning Ordinance Section 165- Page 8 CUP #08-18, Trailer Drop, LLC August 30, 2018 204.24 Tractor truck and Tractor truck trailer parking. 4. At such time this property develops with a by -right Ml light industrial use, this conditional use permit shall be null and void. 5. Any expansion or change of use shall require a new Conditional Use Permit. Relative to the Comprehensive Plan, however, Staff notes that the conditions do not otherwise provide for the acquisition of the future Route 37 R-O-W. PLANNING COMMISSION SUMMARY AND ACTION FOR THE 08/15/18 MEETING: Staff reported this is a request for a tractor truck and tractor truck trailer parking use, as a Conditional Use in the M1 (Light Industrial) District. A locations map of the property was presented. Staff continued, this item was postponed for 45 days at the June 6, 2018 meeting to allow the Applicant the opportunity to work with Staff on additional conditions to address construction of structures within the Route 37 R-O-W. It was explained, a goal of the area plan and the Eastern Road Plan is the implementation of Route 37; the Zoning Ordinance addresses a CUP as a land use action and as with any land use action the goals of the Comprehensive Plan should be implemented. Staff noted, the Application does not provide for the acquisition of the future Route 37 R-O-W. Staff recommended the following conditions: 1. All review agency comments and requirements must be complied with at all times. 2. The site plan for this property shall be designed to accommodate the future Route 37 R-O-W. No structures shall be located within the future Route 37 R-O-W. 3. The site shall meet the requirements of the Frederick County Zoning Ordinance Section 165- 204.24 Tractor truck and truck trailer parking. 4. At such time this property develops with a by -right M1 (Light Industrial) use, this Conditional Use Permit shall be null and void. 5. Any expansion or change of use shall require a new Conditional Use Permit. Mr. Tim Stowe of Stowe Engineering, LLC commented the property owner has reviewed the conditions and is satisfied and will comply with them. A Commission Member shared, he remains concerned why Route 37 is not being dedicated on this. A motion was made, seconded, and unanimously passed to recommend approval of Conditional Use Permit #08-18 for Trailer Drop, LLC. Page 9 CUP #08-18, Trailer Drop, LLC August 30, 2018 (Note: Commissioner Molden and Conunissioner Thomas were absent from the meeting.) EXECUTIVE SUMMARY AND PLANNING COMMISSION RECOMMENDATION FOR THE 08/15/18 BOARD OF SUPERVISORS MEETING: This is a request for a Conditional Use Permit (CUP) for a tractor truck and tractor truck trailer parking located within the Stonewall Industrial Park. This CUP use would not have any significant impacts on the adjoining properties. The 2035 Comprehensive Plan identifies this property within an area of the County intended to remain industrial in nature. This CUP should implement the policies expressed in the Comprehensive Plan, in particular, addressing future Route 37, which is a feature of the County's Eastern Road Plan. The Planning Commission at its June 6, 2018 meeting held a public hearing on this proposed use. The Planning Conunission postponed action on this item to allow the Applicant the opportunity to work with Staff on additional conditions to address construction of structures within the proposed Route 37 Right -Of -Way (R-O-W). The Planning Commission expressed that this application should address the Route 37 right-of-way, it should ensure that structures associated with the future are not located in the future R-O-W. Staff has amended Condition #2 and added Condition #4 to address the concerns raised by the Planning Conunission. Should the Board of Supervisors find this use 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. The site plan for this property shall be designed to acconunodate the future Route 37 R-O-W. No structures shall be located within the future Route 37 R-O-W. 3. The site shall meet the requirements of the Frederick County Zoning Ordinance Section 165- 204.24 Tractor truck and Tractor truck trailer parking. 4. At such time this property develops with a by -right MI light. industrial use, this conditional use permit shall be null and void. 5. Any expansion or change of use shall require a new Conditional Use Permit. Relative to the Comprehensive Plan, however, Staff notes that the conditions do not otherwise provide for the acquisition of the future Route 37 R-O-W. Followin- the public hearinje, 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. Applications Parcels Building Footprints CUP#08-18 Trailer Drop, LLC PIN: 43-19-64 Tractor Truck and Tractor Truck Trailer Parking Location Map Note: Frederick County Dept of Planning Developments 107 N Kent St Suite 202 Winchester, VA 22601 540 - 665 - 5651 Map Created: May 30, 2018 Staff: mcheran 0 105 210 420 Feet 1�1 I� M1 (Light Industrial District) M2 (Industrial General District) MH1 (Mobile Home Community District) f' MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) IRS (Residential Recreational Community District) RA (Rural Areas District) RP (Residential Performance District) CUP#08-18 Trailer Drop, LLC PIN: 43-19-64 Tractor Truck and Tractor Truck Trailer Parking Zoning Map Note: Frederick County Dept of Planning Developmente 107 N Kent St Suite 202 Winchester, VA 22601 540 - 665 - 5651 Map Created: May 30, 2018 Staff: mcheran 0 105 210 420 Feet 4J-(A)-19 JPD PROPERTIES, LLC 140007602 ZONED: RA USE: AGRICULTURE J7.75 ACRES 4 GR,'M'4 we 116, PG 363 ZONED: RA 1 U5E: AGR. L �•�' -6.06 AC. I L f � � �11 I a� t � 1 y Q�� p� 1 1 I v \ SPRING VALLEY- LOT 7J \ 4J(l911-l4)JJ \ MARSHALL MILLS, INC. 09 473, PG 315 ZONED: RA USE. VACANT -AGRICULTURE \ 5.01 ACRES \\ am/ \ Gt.DOa417 02'-' { 478 49 N tSoAYDA� , tUb� 60, 0' 60, GRAPHIC SCALE / l (uLAY! I ;4:L1 I-,- I Cix, 1 4 ",71,0 e-r, - "S1fENAN0OAH WATER' 4J{19)-60 SHENWIN, LLC 00501716636 ZONED: M-1 USE: WAREHOUSE J.00 ACRES Property Dafa Tax Map Number 43-(19)-64 Address 660 McGhee Road Area 4.943 acres Zoning M-1 Legal References 0060020671 Existing Use Vacant Proposed Use Trailer Parking Lot ML,6HEE ROAD Roui6� P 0-11 4J-(19)-6J A BSNAME GRANITE, INC. 060017619 ZONED: N-I USE: WAREHOUSE 2.19ACRES i _ 1 hiliocil'..1<.CO1J''TY - Submittal Deadline1 P/C Meeting BOS Meeting , LAY.* Y.* L ") APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (check one): Property Owner Other NAME: Trailer Drop, LLC ADDRESS: 1073 Redbud Road, Winchester, VA 22603 TELEPHONE: (540) 667-2001 2. Please list al l owners, occupants, or parties in interest of the property: Lenoir City Company of Virqinia, Inc. - Tom Gilpin, Current Owner Trailer Drop, LLC - Owner by Contract 3. The property is located at: (please give exact directions and include the route number of your road or street) Stonewall Industrial Park at the end of McGhee Road (Rt 861) 4. The property has a road frontage of 82.47' feet and a depth of 697.01' feet and consists of 4.934 acres. (Please be exact) 5. The property is owned by Lenoir City Company of Virginia as evidenced by deed from Lenoir City Company of Tennessee (previous owner) recorded in deed book no. 344 on page 235 , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. Q Property Identification Number (P.I.N.) 43-(19)-64 Magisterial District Stonewall Current Zoning M-1 5 • 7. Adjoining Property: USE North Industrial East Industrial South Agricultural West Agricultural M-1 M-1 RA RA ZONING 8. The type of use proposed is (consult with the Planning Dept. before completing): SECTION 165-204.24 - TRACTOR TRUCK AND TRACTOR TRUCK TRAILER PARKING 9. It is proposed that the following buildings will be constructed: NO BUILDINGS - STATE COMMERCIAL ENTRANCE AND GRAVEL LOT ONLY. 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: Name and Property Identification Number Address Name Kathryn L. Parker 394 Paris Heights Lane Paris, VA 20130 Property # 43-(A)-16 NameShenwin, LLC PO Box 2555 Staunton, VA 24402 iProperty # 43-(19)-60 Name M uldowney-Tiches Associates 331 Newman Springs Road, Suite 236 Red Bank, NJ 07701 Property # 43-(19)-43 NameCheryl Grimm Morris PO Box 2802 Winchester, VA22604 Property # 4 3-(A)-2 1 Name Property # Name Property # Name Property # 0 • 12. Additional comments, if any: I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant _ . 4 x k- Signature of Owner ✓ t—� .z�,, �� f Gr,� 6., ,��— Owners' Mailing Address D• /70;� ��S �,/,,.�c�� 7<«� l//% ���6G y Owners' Telephone No. ' 7 e (c -�18V=/'X/D TO BE COMPLETED BY THE ZONING .ADMINISTRATOR: USE CODE: RENEWAL DATE: 9 • 0 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents: That I (We) (Name) Lenoir City Company of Virginia, Tom Gilpin (Phone) (540) 67s-1110 (Address) PO Box 1657, Winchester, VA 22604 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 344 on Page 235 , and is described as Parcel:43 Lot: 19 Block: Section:64 do hereby make, constitute and appoint: (Name) GreyWolfe, Inc. - Gary R. Oates, LS-B, PE (Address) 1073 Redbud Road, Winchester, VA 22603 To act as my true and lawful authority I (we) would have Property, including: Subdivision: Stonewall Industrial Park (Phone) (540) 667-2001 attorney -in -fact for and in my (our) name, place and stead with full power and if acting personally to file planning applications for my (our) above described Rezoning (including proffers) Conditional Use Permit Master Development Plan (Preliminary and Final) Site Plan ,Variance or Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof e) have hereto set my (our) hand and seal this / b «day of 20JL, Signature(s)e.✓�i��( State of Virginia, City/Ey of V V) t.J 54-t, To -wit: 1, 5— LC) . Lk a Notary Public in and for the jurisdiction aforesaid, certify that the' who signeld to the foregoing instrument personally 3peared before me and has wledged the same before me in the jurisdiction aforesaid this day of , 2I0�. My Commission Expires: _ —c� !� . 2— 20 LZ o ry Public -:17r) 2 05 • 060020671. 0 N C) PYoce U Arnaeo�p��oRd VICINITY MAP for^O� v�O��ry ff 1" = 2000' i OWNER'S CERTIFICATE THE ABOVE AND FOREGOING SUBDIVISION OF A PORTION OF THE LAND OF LENOIR CITY COMPANY OF VIRGINIA, AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE D ES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND ANY. TTRUU�S��TEES,�IF+ COMMONWEALTH OF VIRGINIA CITY o 1-II k TO WIT: THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFOR .,ME THIS= DAY OF _, 20D BY � 1►f�Lls 1 I �11J OTARY PUBLIC MY COMMISSION EXPIRES SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS SUBDIVISION IS A PORTION OF THE LAND CONVEYED TO LENOIR CITY COMPANY OF VIRGINIA BY DEED DATED JANUARY 1, 1968 OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE IN DEED BOOK 344 AT PAGE 235. ,�,i 9 x,A,-&L — RICHARD A. EDENS, L.S. NOTE: PARENT TAX PARCEL IDENTIFICATION LENOIR CITY CO. OF VA. T.M. 43-19-2 35.98t ACRES ZONE: M1 USE: VACANT APPROVALS: �viYa6e 0�`r�POL RICK COUNTY SANIT N AUTHORITY DATE r' C)IR NIA P N7 OF PORTATIONDATE i.— �EDENS a550F ED RICK COUNTY SUBDIVISION ADMINISTRATOR DATE-0 �GREENWAY ENGINEERINGv���4 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662.4185 FAX. (540) 722-9528 3310 SHEET 1 OF 4 Founded in 1971 www.8reenwayen8.corn r T.M. 4J-A-16 d� GLEND086IN RIDGE J,80537' TO RURAL PRESERVA17ON TRA. CT Q GLEN W. RUSSELL, ET UX K£NTMERE CT INST. No. 010005243 (RTE: 869) go m (SEE INST No. 030000473) wmo ZONE: RA USE AGRICULTURAL-60 �/ h A3 11 G t.M 1 C t� SN OIINp50001 638 Nt �oROB �` 0. 0 IF INST. M1 4g.5 C1 v ZONE: , W Al E �, o i 10' DRAINAGE y 85 i� w k EA 832NT �~ R/ �S- G;'.E PG 1486 ~ 5 6 �Q! 1 a CLIREo 10' DRAINAGE & UTILITY.) , I ^� J EASEMENT HEREBY RESERVED. 2p EJ ~�m = SEE NOTE J. W i S 16-08'05' W ° W W DOT -SHADED AREA DENOTES A I 250.00' VARIABLE WIDTH DRAINAGE EASMENT HEREBY DEDICATED TO THE : ! O~ i COMMONWEALTH OF WRG/N14. m I'.1 rI LOT 10 N d.. W II NEW TAX PARCEL o)IRS 1 I 43-19-64 fo, o I 4 4.9426 ACRES ~/ / �0 10' DRAINAGE & UTILITY /� / �e y +�' I h EASEMENT HEREBSEE NOTE J.Y RESERVED. /' / k7t��h�3~ j �' ���$��� 40 IOC q 1 ti`) i �,���`�,��:�, a z a 2 �o N 45'07 30' W l �c 244.44' T.M. 43-A-21 CHERYL GRIMM MORRIS WB 116 PG 36J SEE DR 240 PG J22 ZONE: RA USE: AGRICULTURAL 20' DRAINAGE I EASEMENT �DB BJ? PC 1486 SEE SHEET J FOR CURVE DATA, LINE DATA, LEGEND AND NOTES SEE SHEET 4 FOR METES & BOUNDS DESCRIPTION. 100 0 too GRAPHIC SCALE (IN FEET) FINAL SUBDIVISION PLAT OF A PORTION OF THE LAND OF LENOIR CITY COMPANY OF VIRGINIA LOT 10 — STONEWALL INDUSTRIAL PARK _STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1" = 100' DATE: MARCH 28, 2006 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX. (540) 722-9528 Fomulril in 1971 www.greenwayeng.com TH OF ' -0j -A: I=.R,_ x RICHARD A. EDENS a No.002550 3-z8-0(0 „ 3310 SHEET 2 OF 4 • CURVE DATA CURVE I DELTA ANGLE i RADIUS ARC LENGTH I TANGENT I CHORD BEARING CHORD LENGTH C1 I 63'00'11 " 75.00' 82.47' 1 45.96' 1 S 36'09'19' F 78.38' DRAINAGE EASEMENT CURVE DATA CURVE DELTA ANGLE RADIUS ARC LENGTH I TANGENT CHORD BEARING CHORD LENGTH ECI JO'11'09" 95.00' 50,05 25.62' N 19'44'48' W 49.47' DRAINAGE EASEMENT LINE DATA LINE BEARING DISTANCE El S 16'08'05" W 25.00' E2 S 68'51 '18" W 30.31 ' E3 S 06'43'18' W 14Z48' E4 S 16'08'05' W 61. 14' E5 S 4452 30' W 1 383.65' E6 N 13'04 20" E 18.98' E7 N 4452 30 E J64.07' £8 N 06'43' 18" E 252. J8' �E9 i N 8570'47" E 20.00' FC;FNn BRL = BUILDING RESTRICTION LINE PER ZONING ORDINANCE IRF = 112" IRON REBAR FOUND IRS = 1/2" IRON REBAR k CAP SET P08 = POINT OF BEGINNING OF METES do BOUNDS DESCRIPTION N TES 1. THE BOUNDARY INFORMATION SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY BY THIS FIRM. 2. NO TITLE REPORT FURNISHED. EASEMENTS OR ENCUMBRANCES MAY EXIST WHICH ARE NOT SHOWN. J. A DRAINAGE AND U77LITY EASEMENT, TEN FEET IN WIDTH, IS HEREBY RESERVED BY LENOIR CITY COMPANY OF WRGINAA OVER LOT 10 LnNG ALONG AND COINCIDENT TO ALL OF THE BOUNDARIES OF LOT 10 AS SHOWN HEREON. 4, THE PROPERTY SHOWN HEREON LIES WITHIN ZONE C, AREAS OF MINIMAL FLOODING, AND ZONE A, AREAS OF 100—YEAR FLOOD; 843E FLOOD ELE✓A77ONS AND FLOOD HAZARD FACTORS NOT DETERMINED, PER N.FI.P. FLOOD INSURANCE RATE MAP No. 51006J 0105 B. DATED JULY 17, 1978. THE APPROXIMATE LIMITS OF SAID ZONE A ARE SHOWN HEREON AS DETERMINED BY GRAPHIC PLOTTING UPON SAID MAP. S Tuc I/IT CN/IWm "rPFf)Al udY AF S1IRIFCT TO PITUAF RIGM_nF_WAY ArnJl1gMf)N Ft7R THE CD W 0 • METES AND BOUNDS DESCRIPTION The accompanying plat represents a division survey of a portion of the land conveyed to Lenoir City Company of Virginia by deed dated January 1, 1968 of record in the office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 344 at Page 235, The portion of said land herein described, hereafter to be known as Lot 10 — Stonewall Industrial Park, fronts the northwestern boundary of McGhee Road (being a duly dedicated street not yet accepted for maintenance by the Virginia Department of Transportation) 1,805.37' southwest of the intersection with the southwestern boundary of Kentmere Court (Va. Route 869) in Stonewall Magisterial District, Frederick County, Virginia and is more particularly described by metes and bounds as follows: LOT 10 Beginning at a %" iron rebar found on curve in the cul-de-sac boundary at the southwestern terminus of McGhee Road, comer to Lot 11 (Shenwin, L.L.C.); thence with said road boundary 82.47' along the arc of a curve to the left, having a radius of 75.00' and a chord bearing S 36009'19" E for a distance of 78.38', to a''/," iron rcbar & cap set, comer to Muldowney- Tiches Associates I Limited Liability Limited Partnership; thence with Muldowney-Tiches for the following two courses: S 16008'05" W — 250.00' to a '/2" iron rebar & cap set; thence S 44°52'30" W, passing over a %:" iron rebar & cap set at 462.8 V and continuing, 477.81' in all, to a point in Redbud Run and in a line of Cheryl Grimm Morris; thence with Moms and generally with said run N 45007'30" W — 244.44' to a W' iron rebar & cap set on the southwestern bank of Redbud Run and in a line of Glen W. Russell, et ux; thence crossing said run and with Russell N 22045'59" E—478.49' to a W' iron rebar found, corner to Lot I I (Shenwin, L.L.C.); thence with Lot I 1 N 85020'47" E — 349.57' to the beginning. Containing ........................................... ... 4.9426 Acres. ............................ Surveyed............................................................................. March 28, 2006. VIRGINIA: FREDERICK COUNTY.SCT. This instrument of writing was produced to me oa ll-a-1)o at ln•.ai hr and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Scc. 58.1-802 of Sue, and 58.1-801 have been paid, if assessable TH Q0 RICHARD A. EDENS No.002550 r_ 3-ze-0(_ Q. File 3310 Sheet 4 of 4 0 • ORDINANCE Action: PLANNING COMMISSION: June 20, 2018 Public Hearing Held, Postponed for 45 days August 15, 2018 Recommended Approval BOARD OF SUPERVISORS: September 12, 2018 C@".. -11-WK YO)D CONDITIONAL USE PERMIT #08-18 TRAILER DROP, LLC WHEREAS, Conditional Use Permit #08-18 for a tractor truck and tractor trailer parking use, submitted by GreyWolfe, Inc., for tractor truck and tractor truck trailer parking located within the Stonewall Industrial Park was considered. The subject property is located at Stonewall Industrial Park at the end of McGhee Road (Route 861), Winchester, Virginia and is further identified with Property Identification Number 43-19-64 in the Stonewall Magisterial District, and WHEREAS, the Frederick County Planning Commission held a public hearing on the Conditional Use Permit on June 20, 2018 and postponed the Application for 45 days, and the Planning Commission then held a public meeting on this Conditional Use Permit on August 15, 2018 and recommended approval; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit during their regular meeting on September 12, 2018; and, WHEREAS, the Frederick County Board of Supervisors finds the approval of this Conditional Use Permit to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the zoning map to reflect that Conditional Use Permit Application #08-18 for tractor truck and tractor trailer parking within the Stonewall Industrial Park on the parcel identified by Property Identification Number 43-19-64 with the following conditions; PDRes #31-18 1. All review agency comments and requirements must be complied with at all times. 2. The site plan for this property shall be designed to accommodate the future Route 37 R-O-W. No structures shall be located within the future Route 37 R-O-W. 3. The site shall meet the requirements of the Frederick County Zoning Ordinance Section 165-204.24 Tractor truck and Tractor truck trailer parking. 4. At such time this property develops with a by -right M1 Light Industrial use, this Conditional Use Permit shall be null and void. 5. Any expansion or change of use shall require a new Conditional Use Permit. Relative to the Comprehensive Plan, however, Staff notes that the conditions do not otherwise provide for the acquisition of the future Route 37 R-O-W. Passed this 12th day of September 2018 by the following recorded vote: Charles S. DeHaven, Jr., Chairman J. Douglas McCarthy Shannon G. Trout Robert W. Wells PDRes #31-18 Gary A. Lofton Judith McCann -Slaughter Blaine P. Dunn A COPY ATTEST Kris C. Tierney Frederick County Administrator 2 CONDITIONAL USE PERMIT #08-18 �oX oot� 4 TRAILER DROP, LLC, Ww Staff Report for the Planning Commission Prepared: July 27, 2018 w ® Staff Contact: Mark R. Cheran, Zoning Administrator Reviewed Planning Commission: 06/20/18 Planning Commission: 08/15/18 Board of Supervisors: 09/12/18 Action Public Hearing Held; Postponed 45 Days Pending Pending PROPOSAL: Request for a Conditional Use Permit (CUP) for a tractor truck and tractor truck trailer parking use. LOCATION: The subject property is located in Stonewall Industrial Park at the end of McGhee Road (Route 861), Winchester. EXECUTIVE SUMMARY AND STAFF CONCLUSIONS FOR THE 08/15/18 PLANNING COMMISSION MEETING: This is a request for a Conditional Use Permit (CUP) for a tractor truck and tractor truck trailer parking located within the Stonewall Industrial Park. This CUP use would not have any significant impacts on the adjoining properties. The 2035 Comprehensive Plan identifies this property within an area of the County intended to remain industrial in nature. This CUP should implement the policies expressed in the Comprehensive Plan, in particular, addressing future Route 37, which is a feature of the County's Eastern Road Plan. The Planning Commission at its June 6, 2018 meeting held a public hearing on this proposed use. The Planning Commission postponed action on this item to allow the Applicant the opportunity to work with Staff on additional conditions to address construction of structures within the proposed Route 37 Right -Of -Way (R-O-W). The Planning Commission expressed that this application should address the Route 37 right-of-way in particular, it should ensure that structures associated with the future are not located in the future R-O-W. Staff has amended Condition #2 and added Condition #4 to address the concerns raised by the Planning Commission. (In bold) Should the Planning Commission find this use appropriate, Staff would recommend the following conditions be placed on the CUP: 1. All review agency cornments and requirements shall be complied with at all times. 2. The site plan for this property shall be designed to accommodate the future Route 37 R-O-W. No structures shall be located within the future Route 37 R-O-W. 3. The site shall meet the requirements of the Frederick County Zoning Ordinance Section 165- 204.24 Tractor truck and Tractor truck trailer parking. Page 2 CUP #08-18, Trailer Drop, LLC July 27, 2018 4. At such time this property develops with a by -right MI light industrial use, this conditional use permit shall be null and void. 5. Any expansion or change of use shall require a new Conditional Use Permit. Relative to the Comprehensive Plan, however, Staff notes that the conditions do not otherwise provide for the acquisition of the future Route 37 R-O-W. Following the public hearing, a recommendation retarding this Conditional Use Permit application to the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Planning Commission. Page 3 CUP #08-18, Trailer Drop, LLC July 27, 2018 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 application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 06/20/18 Public Hearing Held; Postponed 45 Days Planning Commission: 08/15/18 Pending Board of Supervisors: 09/12/18 Pending PROPOSAL: Request for a Conditional Use Permit (CUP) for tractor truck and tractor truck trailer parking use. LOCATION: The subject property is located in Stonewall Industrial Park at the end of McGhee Road (Route 861), Winchester. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 43-19-64 PROPERTY ZONING: M1 (Light Industrial) District . PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: M1 (Light Industrial) Use: Industrial South: M1 (Light Industrial) Use: Industrial East: RA (Rural Areas) Use: Agricultural West: RA (Rural Areas) Use: Agricultural REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have a measurable impact on Route 861, the VDOT facility which would provide access to the property as noted in the application. This VDOT office supports this CUP request. Prior to operation of the business a cornmercial entrance must be constructed on McGhee Road, to our standards to allow safe ingress of the property. Any work on the State's right-of-way must be covered under a land use permit. The permit is issued by this office and requires an inspection fee and bond surety. Frederick Water: The requested use does not propose to utilize Frederick Water's water and sewer services. Frederick Water offer no comments. 0 • Page 4 CUP #08-18, Trailer Drop, LLC July 27, 2018 Frederick County Fire Marshal: Approved. Planning and Zoning: The Frederick County Zoning Ordinance allows for tractor truck and tractor truck trailer parking use as a conditional use in the M1 (Light Industrial) Zoning District with an approved Conditional Use Permit (CUP). This proposed tractor truck and tractor truck trailer parking lot will be located within the Stonewall Industrial Park. The 2035 Comprehensive Plan of Frederick County ("Comprehensive Plan") is an official public 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 tool and will be instrumental to the future planning efforts of the County. A goal of the Area Plan 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. Relative to the Comprehensive Plan, however, Staff notes that the conditions do not provide for the acquisition of the future Route 37 R-O-W. EXECUTIVE SUMMARY AND STAFF CONCLUSIONS FOR THE 06/20/18 PLANNING COMMISSION MEETING: This is a request for a Conditional Use Permit (CUP) for a tractor truck and tractor truck trailer parking located within the Stonewall Industrial Park. This CUP use would not have any significant impacts on the adjoining properties. The 2035 Comprehensive Plan identifies this property within an area of the County intended to remain industrial in nature. This CUP should implement the policies expressed in the Comprehensive Plan, in particular, addressing future Route 37, which is a feature of the County's Eastern Road Plan. Should the Planning Commission find this use 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. The site plan for this property shall be designed to accommodate the future Route 37 R-O-W. 3. The site shall meet the requirements of the Frederick County Zoning Ordinance Section 165- 204.24 Tractor truck and Tractor truck trailer parking. 4. Any expansion or change of use shall require a new Conditional Use Permit. Relative to the Comprehensive Plan, however, Staff notes that the conditions do not provide for the acquisition of the future Route 37 R-O-W. Page 5 CUP #08-18, Trailer Drop, LLC July 27, 2018 PLANNING COMMISSION SUMMARY AND ACTION OF THE 06/20/18 MEETING: Staff began by presenting a location map of the property. Mr. Cheran reported this is a request for a Conditional Use Permit (CUP) for a tractor truck and tractor buck trailer parking located within the Stonewall Industrial Park. Staff noted, this CUP use would not have any significant impacts on the adjoining properties. Staff continued, the Zoning Ordinance allows for tractor truck and tractor truck trailer parking use as a conditional use in the M1 Zoning District with an approved CUP. Staff noted the Northeast Land Use Plan and the Eastern Road Plan of the Comprehensive Plan depicts future Route 37 on the western boundary of this property. Staff presented mapping of the future Route 37 and a drawing provided by the Applicant. Mr. Cheran explained, a goal of the Area Plan and the Eastern Road Plan is the implementation of Route 37. Staff continued, the Zoning Ordinance addresses a CUP as a land use action and as with any land use action the goals of the Comprehensive Plan should be implemented. Mr. Cheran noted, the application does not provide for the acquisition of the future Route 37 right-of-way. Staff would recommend the following conditions: 1. All review agency conunents and requirements must be complied with at all times. 2. The site plan for this property shall be designed to accommodate the future Route 37 R-O-W. 3. The site' hall meet the requirements of the Frederick County Zoning Ordinance Section 165-204.24 Tractor truck and Tractor truck trailer parking. 4. Any expansion or change of use shall require a new Conditional Use Permit. A Commission Member requested clarification on the mapping that was presented highlighting Route 37 R-O-W. Staff explained the map shows the alignment of Route 37 and its components. The Commission Member inquired if the owner of the property could by -right construct a building on the site. Staff stated that is correct. The Commissioner asked what legal probability the County would have by not approving something being built on this property. Staff noted the land use plans would have an impact on this. The Commission Member commented; this being a gravel parking lot, there is no permanent implement there that would be in the way of building Route 37; there is no easement on the property therefore, it would increase the amount the County or State would have to pay to get the easement; he asked if that is a fair assessment. Staff responded that is a fair assumption. The Commission Member inquired if the easement dedication should possibly be made part of the conditions. Erin L. Swisshehn, Assistant County Attorney, commmented it is not reconunended the R-O-W dedication of Route 37 be made part of the conditions for this CUP as it would possibly not survive the legal challenge. The Commission Member noted this is confusing; it is believed it could survive a legal challenge of not allowing the Applicant to build .anything on the property but could not survive a challenge of asking the R-O-W to be dedicated at a future time as part of the conditions. A Commission Member commented, we are not following the Comprehensive Plan; when we venture away fiom that it becomes cumbersome for all. He read "this CUP shall implement the 0 • Page 6 CUP #08-18, Trailer Drop, LLC July 27, 2018 policy expressed in the Comprehensive Plan" and that says a lot. He continued, Condition #2 the word accormnodate is a very vague statement. The Commission Member continued, after Condition #4, "relative to the Comprehensive Plan Staff notes that the conditions are not otherwise provided for the acquisition of the future Route 37 R-O-W." He requested clarification on this. Staff explained, the advice of the County Attorney is to recognize the importance of Route 37 and to recognize there is the opportunity for the R-O-W to be shown on the site plan and if the Applicant would choose there is the ability for that to be a component of a condition. He continued, the preferable way would be to recognize Route 37 and show that all site improvements are out of the R-O-W and Condition #2 appears to do that. He concluded, it is also important to recognize this may be a temporary use. A Commission Member commented she is concerned with the traffic in this area. Staff explained that during the site plan process a TIA maybe required. A Connnission Member commented the biggest hurdle is the R-O-W for Route 37 being recognized. Staff responded in Condition #2 it states, "the site plan for this property shall be designed to acconnnodate the future Route 37 R-O-W." A Commission Member shared his concern that this will be setting a precedent by allowing development in the R-O-W of Route 37; he would much rather see gravel on the site than a building. A Commission Member stated the Comprehensive Plan clearly states the Route 37 R-O-W; does this accormnodate the intent of the Comprehensive Plan. A Commission Member disagreed, he feels Condition #2 takes care of the R-O-W issue. Staff explained, the Planning Commission needs to be clear on what that condition reads; the accommodation for the Route 37 R-O-W should be recognized and the site improvements should be outside of that R-O-W. He continued, the picture shown on the plan that was submitted has a clear ROW, therefore the Planning Commission's intent on that condition would be that the improvements are only outside of the R-O-W then that's a fair statement; it is not a dedication but recognizing all site improvements be out of the R-O-W. A Commission Member feels we are fortunate that it's proposed to be just a gravel parking lot rather than a building on the property. Mr. Timothy Stowe of Stowe Engineering, PLC, representing the Applicant explained this is a gravel parking lot and nothing more; it will not impede the development of Route 37. Mr. Stowe continued, the Applicant received corinnents from Planning Staff and the Applicant feels Condition #2 needs clarity and would like it to read "the site plan for the property shows the future Route 37 R-O-W line"; that is be clear where the ROW is. Mr. Stowe noted, the drawing received is a sketch plan to accompany the CUP, and this project takes a piece of land and provides a need in the industrial park and puts this land to use. A Connmission Member asked if the Applicant would be willing to put on the site plan a line that shows the future dedication of Route 37; no vertical development will occur in this zone. Mr. Stowe noted that is the intent and to keep it as parking only. A Commission Member asked if they are willing to do that, why not configure now. Mr. Stowe replied the Owner would like the benefit of using the area that is dedicated for the future R-O-W until such time Route 37 will be developed further. A property owner in the Stonewall Industrial Park came forward and requested consideration be given for a rezoning rather than a CUP. He noted, he is not in,specific opposition to the Conditional Use; treat with consideration with regards to previous rezoning. 0 • Page 7 CUP #08-18, Trailer Drop, LLC July 27, 2018 A Connnission Member concluded he is concerned the Applicant could build on this property rather than just a gravel parking lot and does not feel traffic will be an issue. The Commissioner noted the possibility of including something that will take care of the legal aspects while also adhering to the Comprehensive Plan. A Commission Member cormnented he would prefer the Planning Commission not wordsmith a condition at this point; there is an agreement to get there, given the importance .of the issue to have the opportunity for the language to be checked and presented with a favorable opinion from the County Attorney. A motion was made, seconded, and unanimously passed to postpone CUP #08-18 Trailer Drop LLC for a period of 45 days. Abstain: Commissioner Oates (Note: Commissioners Marston and Triplett were absent from the meeting.) EXECUTIVE SUMMARY AND STAFF CONCLUSIONS FOR THE 08/15/18 PLANNING COMMISSION MEETING: This is a request for a Conditional Use Permit (CUP) for a tractor truck and tractor buck trailer parking located within the Stonewall Industrial Park. This CUP use would not have any significant impacts on the adjoining properties. The 2035 Comprehensive Plan identifies this property within an area of the County intended to remain industrial in nature. This CUP should implement the policies expressed in the Comprehensive Plan, in particular, addressing future Route 37, which is a feature of the County's Eastern Road Plan. The Planning Commission at its June 6, 2018 meeting held a public hearing on this proposed use. The Planning Commission postponed action on this item to allow the Applicant the opportunity to work with Staff on additional conditions to address construction of structures within the proposed Route 37 Right -Of -Way (R-O-W). The Planning Commission expressed thatthis application should address the Route 37 right-of-way in particular, it should ensure that structures associated with the future are not located in the future R-O-W. Staff has amended Condition #2 and added Condition #4 to address the concerns raised by the Planning Commission. (In bold) Should the Planning Commission find this use 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. The site plan for this property shall be designed to accommodate the future Route 37 R-O-W. No structures shall be located within the future Route 37 R-O-W. 3. The site shall meet the requirements of the Frederick County Zoning Ordinance Section 165- 0 • Page 8 CUP #08-18, Trailer Drop, LLC July 27, 2018 204.24 Tractor truck and Tractor truck trailer parking. 4. At such time this property develops with a by -right M1 light industrial use, this conditional use permit shall be null and void. 5. Any expansion or change of use shall require a new Conditional Use Permit. Relative to the Comprehensive Plan, however, Staff notes that the conditions do not otherwise provide for the acquisition of the future Route 37 R-O-W. Following the public hearing, a reconinaendation re,-arding this Conditional Use Permit application to the Board ofSupervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Planning Conzniission. e T � (QJ Applications TVC Parcels Building Footprints B1 (Neighborhood Business District) B2 (General Business District) B3 (Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) ! M1 (Light Industrial District) M2 (Industrial General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Areas District) RP (Residential Performance District) t.' r M 657 MCGHEE RD CUP # 08 - 18 Note: Frederick County Dept of Trailer Drop, LLC Planning & Development PIN: 107 N Kent St 43 - 19 - 64 Suite 202 e Tractor Truck and Winchester, VA 22601 Tractor Truck Trailer Parking 540 - 665 - 5651 Zoning Map Map Created: May 30, 2018 Staff: mcheran 0 105 210 420 Feet a O 1 5� 4 z 5M r m Trailer Drop, LLC o z '•" V COMMERCIAL TRAILER PARKING LOT " N STONEWALL INDUSTRIAL PARK 0 o g m STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA �,666�Wn�a Gre_yW_olf_e, Inc. Land Surveying and Consulting rvn Aeamm aoee Wlh-,, VA 22603 (51 ) 667-2001 02 GreyWdkfnc'�sd.com (S ) 5 5-/001 FAX • MAY 2018 P•,4EDEmCi< C01j1?Ty Submittal Deadline 1 "- P/C Meeting LCI 10 BOS Meeting t APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (check one): Property Owner �_ Other NAME: Trailer Drop, LLC ADDRESS: 1073 Redbud Road, Winchester, VA 22603 TELEPHONE: (540) 667-2001 2. Please list all owners, occupants, or parties in interest of the property: Lenoir City Company of Virginia, Inc. - Tom Gilpin, Current Owner Trailer Drop, LLC - Owner by Contract • 3. The property is located at: (please give exact directions and include the route number of your road or street) Stonewall Industrial Park at the end of McGhee Road (Rt 861) 4. The property has a road frontage of 82.47' feet and a depth of 697,01' feet and consists of 4.934 acres. (Please be exact) 5. The property is owned by Lenoir City Company of Virginia as evidenced by deed from Lenoir City Company of Tennessee (previous owner) recorded in deed book no. 344 on page 235 , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6 Property Identification Number (P.I.N.) Magisterial District stonewall Current Zoning M-1 43-(19)-64 0 5 C� • 7. Adjoining Property: USE ZONING North Industrial M-1 East Industrial M-1 South Agricultural RA West Agricultural RA 8. The type of use proposed is (consult with the Planning Dept. before completing): SECTION 165-204.24 - TRACTOR TRUCK AND TRACTOR TRUCK TRAILER PARKING 9. It is proposed that the following buildings will be constructed: NO BUILDINGS - STATE COMMERCIAL ENTRANCE AND GRAVEL LOT ONLY. 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: Name and Property Identification Number Address Name Kathryn L. Parker 394 Paris Heights Lane Paris, VA 20130 Property # 43-(A)-16 NameShenwin, LLC PO Box 2555 Staunton, VA 24402 Property #43-(19)-60 Name Muldowney-Tiches Associates 331 Newman Springs Road, Suite 236 Red Bank, NJ 07701 Property # 43-(19)-43 Name Cheryl Grimm Morris PO Box 2802 Winchester, VA22604 Property # 43-(A)-2 1 Name Property # Name Property # Name Property # 0 n 9 • is • 12. Additional comments, if any: I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant Signature of Owner C Owners' Mailing AddressQ• /;�. S �.�„✓c J�,L . (�/`� ���6G y Owners' Telephone No. 7 Q21F — %%/O TO BE COMPLETED BY THE ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: • K co Special Limited Power of Attorney tiC G,t, c County of Frederick, Virginia �j Frederick Planning Website: www.feva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents: That I (We) (Name) Lenoir City Company of Virginia, Tom (Phone) (540) 676-1110 (Address) PO Box 1657, Winchester, VA 22604 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 344 on Page 235 , and is described as Parcel: 43 Lot: 19 Block: Section: sa do hereby make, constitute and appoint: (Name) GreyWolfe, Inc. - Gary R. Oates, LS-B, PE (Address) 1073 Redbud Road, Winchester, VA 22603 Subdivision: Stonewall Industrial Park (Phone) (540) 667-2001 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: _Rezoning (including proffers) Conditional Use Permit Master Development Plan (Preliminary and Final) _Subdivision Site Plan _Variance or Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof e) have hereto set my (our) hand and seal this day of20_ZL, Signature(s) ,�- �,✓�i� 4 �( �.,..oy dUl�,.�i{ State of Virginia, City/Geti"Vy of V V tJ CLQS-t41, To -wit: a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signe to the foregoing instrument 7!personally peared before me and has wledged the same before mein the jurisdiction aforesaid this � day of LtJA..jj 'JMy Commission Expires: o ryPublic -TD 71,,o 14!— 1 • 0 0 0 9 060020671. FINAL SUBDIVISION PLAT OF A PORTION OF THE LAND OF LENOIR CITY COMPANY OF VIRGINIA LOT 10 - STONEWALL INDUSTRIAL PARK STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA MARCH 28, 2006 0 ° v COV�Pre R� q STONEWALL °tom Nulton e to 9 INDUSTRIAL g Lone asg 6r PARK g n, S/ �� m L°kevlile McCh f-7 2 °� � v � Circle ��, ROory e u c Oi Rte Q-�o EXIT �o ��"> Ix P e 317 elf P1oce 4� loco �aR VICINITY SLAP Zonner 1" = 2000' OWNER'S CERTIFICATE THE ABOVE AND FOREGOING SUBDIVISION OF A PORTION OF THE LAND OF LENOIR CITY COMPANY OF VIRGINIA, AS APPEARS ON THE ACCOMPANYING PLATS. IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE D ES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY. COMMONWEALTH OF VIRGINIA ' " CITY ,G-E,6H l TO WIT: 44A CERTIFICATE WAS ACKNOWLEDGED EFOR ME THIS= DAY THE FOREGOING OWNER'S , OF_, 20Q�Q BYD1►ILLS �y OTARY PUBLIC MY COMMISSION EXPIRES SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS SUBDIVISION IS A PORTION OF THE LAND CONVEYED TO LENOIR CITY COMPANY OF VIRGINIA BY DEED DATED JANUARY 1, 1968 OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE IN DEED BOOK 344 AT PAGE 235. RICHARD A. EDENS, L.S. NOTE: PARENT TAX PARCEL IDENTIFICATION LENOIR CITY CO. OF VA. T.M. 43-19-2 35.98t ACRES ZONE: M1 USE: VACANT APPROVALS: RICK SANIT N AUTHORITY DATEOjG�t'r�S 4COUNTY /�OL r, G''IR NI T OF PORTATION DATE C.��-- EDENS y550F e ED RICK COUNTY SUBDIVISION ADMINISTRATOR DATE-O(.GREENWAY ENGINEERINGN��o4 151 Windy Hill Lane Engineers Winchester, Irrginia 22602 Surveyors Telephone: (540) 662.4185 FAX. (540) 722-9528 1 — .. .....er.........J....C' v... I I u ualLa'Ll a VC `� , 0 N r a T.M. 4J-A-16 a� GLENDOBB/N RIDGE 1,805.37' TO Q RURAL PRESERVATION TRACT K£NIMERE CT. GLEN W. RUSSELL, ET UX e ^� S, INST. No. 070005243 (RTE. 869) Q �Q om (SEE INST No. 030000473) w mo ZONE: RA USf. AGRICULTURAL 60 ` 1 M' L I,.L•C.638 '' POB �YIIN' , � E9o1RF / INNS M5. OUSE VA3 51C1 �o W 41 :. _� 10' DRAINAGE y io EASEMENT ~ 85 I DB 832 PG 1466 a e ��/25 8 BQl I IRE g a y r 10' DRAINAGE UTIUTY ` I EJ a 2 V a r EASEMENT HEREBY RESERVED. a m 2 S££ NOTE J. ��; m o t< f Wti : ��S 16'08'05' If O 4 4i I DOT -SHADED AREA DENOTES A I 250.00 p I VARIABLE WIDTH DRAINAGE E45MENT HEREBY DEDICATED TO THE , o y COMMONWEALTH OF l?RG/NW. � tI �I LOT 10 �fl; NEW TAX PARCEL NIRS I 43-19-64 f0' w I 4.9426 ACRES r I iivQj / / J 10' DRAINAGE h UnL1JY y h h EASEMENT HEREBY RESERVED. / / k'ssC'f��1 �� I SEE NOTE J. �� A,'�� rn tz 4? p 4 � 1 h � ~=W2r 2 IRS y W ,o s p �s�, Y+•111� 20' DRAINAGE l / DB 8J2NPG 1486 NL2IE N 45'07'30 W F `�o I I SEE SHEET 3 FOR CURVE DATA, 244.44' I I LINE DATA, LEGEND AND NOTES. SEE SHEET 4 FOR METES & T.M. 4J-A-21 \ BOUNDS DESCRIPTION. CHERYL GR/MM MORR/S 100 0 !00 WO 116 PG 36J SEE DB 240 PG 322 ZONE. RA USE. AGRICULTURAL GRAPHIC SCALE (IN FEET) FINAL SUBDIVISION PLAT OF A PORTION OF THE LAND OF LTH OF LENOIR CITY COMPANY OF VIRGINIA o�' k LOT 10 — STONEWALL INDUSTRIAL PARK STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA RICHARD A. EDENS a SCALE: 1" = 100, DATE: MARCH 28, 2006 No.002550 GREENWAY ENGINEERING 151 {Mindy Hill Lane 9 Engineers Winchester, Virginia 22602 N� SUP-'q Surveyors Telephone: (540) 662-4185 FAX.-(540) 722-9528 Founded in 1971 www.greenwayeng.com 3310 SHEET 2 OF 4 • 0 • • • CURVE DATA CURVE DELTA ANGLES RADIUS ARC LENGTH I TANGENT CHORD BEARING CHORD LENGTH r C1 63'00'11' 75.00' 1 82.47' 1 45.96' I S 36'09'19" F I 78.38 DRAINAGE EASEMENT CURVE DATA CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT I CHORD BEARING FCHORD LENGTH i EC1 30'11'09" 95.00' 50.05 25.62' 1 N 19'4448' W 49.42" DRAINAGE EASEMENT LINE DATA LINE BEARING DISTANCE El S 16'08'05' W 25.00' E2 S 68151 '18" W 30.31 ' E3 I S 06'43'18' W 14748' E4 S 16'08'05' W 61. 14' E5 S 44'52 30" W 383.65' E6 N 13'04 20E 18.98' E7 N 4452 30' E 364.07' E8 N 06'43'18" E 252.38' E9 N 85'20'47" E 20.00" 1 FI:FNn BRL = BUILDING RESTRICTION LINE PER ZONING ORDINANCE IRF = 1/2' IRON REBAR FOUND IRS = 112' IRON REBAR k CAP SET POB = POINT OF BEGINNING OF METES do BOUNDS DESCRIPTION N TES 1. THE BOUNDARY INFORMATION SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY BY THIS FIRM. 2, NO TITLE REPORT FURNISHED. EASEMENTS OR ENCUMBRANCES MAY EXIST WHICH ARE NOT SHOWN. J. A DRAINAGE AND U77LITY EASEMENT, TEN FEET IN WIDTH, IS HEREBY RESERVED BY L ENOIR CITY COMPANY OF WRG1N1A OVER LOT 10 LYING ALONG AND COINCIDENT TO ALL OF THE BOUNDARIES OF LOT 10 AS SHOWN HEREON. 4. THE PROPERTY SHOWN HEREON LIES WITHIN ZONE C, AREAS OF MINIMAL FLOODING, AND ZONE A, AREAS OF 100—YEAR FLOOD; BASE FLOOD ELEVATIONS AND FLOOD HAZARD FACTORS NOT DETERMINED, PER N.F.LP. FLOOD INSURANCE RATE MAP No. 510063 0105 B, DATED JULY 17, 1978. THE APPROXIMATE LIMITS OF SAID ZONE A ARE SHOWN HEREON AS DETERMINED BY GRAPHIC PLOTTING UPON SAID MAP. 5. THE LOT SHOWN HEREON MAY BE SUBJECT TO FUTURE RIGHT—OF—WAY ACQUISITION FOR THE PROPOSED ROUTE 37 EASTERN BYPASS PER THE CURRENT FREDERICK COUNTY COMPREHENSIVE PLAN. FINAL SUBDIVISION PLAT OF A PORTION OF THE LAND OF � A1,TN op LENOIR CITY COMPANY OF VIRGINIA Lf�, LOT 10 - STONEWALL INDUSTRIAL PARK STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA CV) � RICHARD A. EDENS a No.002550 SCALE: N/A I DATE: MARCH 28, 2008 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662.4185 FAX.- (54D) 722-9528 3310 SHEET 3 OF 4 Founded in 1971 www.greenwayeng.com CD W 0 METES AND BOUNDS DESCRIPT[ON C.J The accompanying plat represents a division survey of a portion of the land conveyed to Lenoir City Company of Virginia by deed dated January I, 1968 of record in the office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 344 at Page 235, The portion of said land herein described, hereafter to be known as Lot 10 — Stonewall Industrial Park, fronts the northwestern boundary of McGhee Road (being a duly dedicated street not yet accepted for maintenance by the Virginia Department of Transportation) 1,805.37' southwest of the intersection with the southwestern boundary of Kentmere Court (Va. Route 869) in Stonewall Magisterial District, Frederick County, Virginia and is more particularly described by metes and bounds as follows: LOT 10 Beginning at a %" iron rebar found on curve in the cul-de-sac boundary at the southwestern terminus of McGhee Road, comer to Lot 11 (Shenwin, L.L.C.); thence with said road boundary 82.47' along the arc of a curve to the left, having a radius of 75.00, and a chord bearing S 36009'19" E for a distance of 78.38', to a''/2" iron rebar & cap set, corner to Muldowney- Tiches Associates I Limited Liability Limited Partnership; thence with Muldowney-Tiches for the following two courses: S 16008'05" W — 250.00' to a %, ' iron rebar & cap set; thence S 44°52'30" W, passing over a %" iron rebar & cap set at 462.8 V and continuing, 477.81' in all, to a point in Redbud Run and in a line of Cheryl Grimm Morris; thence with Morris and generally with said run N 45007'30" W — 244.44' to a W' iron rebar & cap set on the southwestern bank of Redbud Run and in a line of Glen W. Russell, et ux; thence crossing said run and with Russell N 22045'59" E — 478.49' to a W' iron rebar found, comer to Lot I I (Shenwin, L.L.C.); thence with Lot 1 1 N 85°20'47" E — 349.57' to the beginning. Containing.......................................................................... 4.9426 Acres. Surveyed............................................................................. March 28, 2006. TH Qp 0 • VIRGINIA: FREDERICK COUNTYSCT. 4' This instrument of writingwas produced to me on �� p RCHARD A. EDENS at l n ' a�_1_-arL No.002550 and with certificate acknowledgement thereto annexed 4,0 3 Z$ o( was admitted to record. Tax imposed by Sec. 58.1-802 of 1 0 $ , and 58.1-80t have been paid, if assessable. S'UR�' Ckrft. • File 3310 Sheet 4 of 4 • 0 CK . Co CONDITIONAL USE PERMIT #08-18 TRAILER DROP, LLC w Staff Report for the Planning Commission Prepared: June 11, 2018 w ® Staff Contact: Mark R. Cheran, Zoning Administrator 0.IN/ 1]3B Reviewed Action Planning Commission: 06/20/18 Pending Board of Supervisors: 07/25/18 Pending PROPOSAL: Request for a Conditional Use Permit (CUP) for a tractor truck and tractor truck trailer parking use. LOCATION: The subject property is located in Stonewall Industrial Park at the end of McGhee Road (Route 861), Winchester. EXECUTIVE SUMMARY AND STAFF CONCLUSIONS FOR THE 06/20/18 PLANNING COMMISSION MEETING: This is a request for a Conditional Use Permit (CUP) for a tractor truck and tractor truck trailer parking located within the Stonewall Industrial Park. This CUP use would not have any significant impacts on the adjoining properties. The 2035 Comprehensive Plan identifies this property within an area of the County intended to remain industrial in nature. This CUP should implement the policies expressed in the Comprehensive Plan, in particular, addresses future Route 37, which is a feature of the County's Eastern Road Plan. Should the Planning Commission find this use 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. The Applicant shall dedicate the land for the future Route 37 right-of-way (ROW) to Frederick County within 90 days of a written request from Frederick County. 3. The site plan for this property should be designed to accommodate the future 37 ROW. 4. The site shall meet the requirements of the Frederick County Zoning Ordinance Section 165- 204.24 Tractor truck and truck trailer parking. 5. Any expansion or change of use shall require a new Conditional Use Permit. Following the public hearing, a recommendation regarding this Conditional Use Permit application to the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Planning Commission. Page 2 CUP #08-18, Trailer Drop, LLC June 11, 2018 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 application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 06/20/18 Pending Board of Supervisors: 07/25/18 Pending PROPOSAL: Request for a Conditional Use Permit (CUP) for tractor truck and tractor truck trailer parking use. LOCATION: The subject property is located in Stonewall Industrial Park at the end of McGhee Road (Route 861), Winchester. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 43-19-64 PROPERTY ZONING: M1 (Light Industrial) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: M1 (Light Industrial) Use: Industrial South: M1 (Light Industrial) Use: Industrial East: RA (Rural Areas) Use: Agricultural West: RA (Rural Areas) Use: Agricultural REVIEW EVALUATIONS: VirLinia Department of Transportation: The application for a Conditional Use Permit for this property appears to have a measurable impact on Route 861, the VDOT facility which would provide access to the property as noted in the application. This VDOT office supports this CUP request. Prior to operation of the business a commercial entrance must be constructed on McGhee Road, to our standards to allow safe ingress of the property. Any work on the State's right-of-way must be covered under a land use permit. The permit is issued by this office and requires an inspection fee and bond surety. Frederick Water: The requested use does not propose to utilize Frederick Water's water and sewer Page 3 CUP #08-18, Trailer Drop, LLC June 11, 2018 services. Frederick Water offer no comments. Frederick County Fire Marshal: Approved. Planning and Zoning: The Frederick County Zoning Ordinance allows for tractor truck and tractor truck trailer parking use as a conditional use in the M-1 (Light Industrial) Zoning District with an approved Conditional Use Permit (CUP). This proposed tractor truck and tractor truck trailer parking lot will be located within the Stonewall Industrial Park. The 2035 Comprehensive Plan of Frederick County ("Comprehensive Plan") is an official public 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 tool and will be instrumental to the future planning efforts of the County. A goal of the area plan and the County's Eastern Road Plan is the implementation of Route 37. The Frederick County Zoning Ordinance ("Ordinance") (Section 165-103.02.DD) addresses a CUP as a land use action, and as with any land use action the goals of the Comprehensive Plan should be implemented. Furthermore, the CUP requirements under (Section 165-103.02.DD) of the Ordinance states that: The dedication of land for planned roads or facilities identified in the Frederick County Capital Improvements Plan (CIP) is a condition that may be placed on the CUP. Therefore, one of the conditions to be placed on this CUP should be that the owner dedicate the land for the right-of- way for Route 37 as depicted by the Comprehensive Plan. EXECUTIVE SUMMARY AND STAFF CONCLUSIONS FOR THE 06/20/18 PLANNING COMMISSION MEETING: This is a request for a Conditional Use Permit (CUP) for a tractor truck and tractor truck trailer parking located within the Stonewall Industrial Park. This CUP use would not have any significant impacts on the adjoining properties. The 2035 Comprehensive Plan identifies this property within an area of the County intended to remain industrial in nature. This CUP should implement the policies expressed in the Comprehensive Plan, in particular, addresses future Route 37, which is a feature of the County's Eastern Road Plan. Should the Planning Commission find this use 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. The Applicant shall dedicate the land for the future Route 37 right-of-way (ROW) to Frederick County within 90 days of a written request from Frederick County. 3. The site plan for this property should be designed to accommodate the future 37 ROW. 4. The site shall meet the requirements of the Frederick County Zoning Ordinance Section 165- Page 4 CUP #08-18, Trailer Drop, LLC June 11, 2018 204.24 Tractor truck and truck trailer parking. 5. Any expansion or change of use shall require a new Conditional Use Permit. Following the public hearing, a recommendation regarding this Conditional Use Permit application to the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Planning Commission. 8 Applications Parcels Building Footprints CUP #08-18 Trailer Drop, LLC PIN: 43-19-64 Tractor Truck and Tractor Truck Trailer Parking Location Map Note: Frederick County Dept of Planning Developments 107 N Kent St Suite 202 Winchester, VA 22601 540 - 665 - 5651 Map Created: May 30, 2018 Staff: mcheran 0 105 210 420 Feet s it A � � 8 Applications It Parcels Building Footprints s B1 (Neighborhood Business District) B2 (General Business District) t .,� • B3 (Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Light Industrial District) M2 (Industrial General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) IRS (Residential Recreational Community District) RA (Rural Areas District) RP (Residential Performance District) 0 4-/ 657 MCGHEE'RD MET CUP * 08 - 18 Note: Frederick County Dept of Trailer Drop, LLC Planning a Development PIN: 107 N Kent St 43 - 19 - 64 Suite 202 e Tractor Truck and Winchester, VA 22601 Tractor Truck Trailer Parking 540 - 665 - 5651 Zoning Map Map Created: May 30, 2018 Staff: mchefan 0 105 210 420 Feet SPRING VALLEY - LOT 73 \ 43-((9))-(4)-73 \ MARSHAL[ MILLS, INC. OB 473, PG 315 43-(A)-19 ZONED.' RA )PD PROPERTIES, LLC USE VAUNT -AGRICULTURE 140007602 \ 5.01 ACRES ZONED: RA \ USE' AGRICUL TURE 37.78 ACRES - \ I � I I / � I 1 � I I 1 I 1 I I I I 01 e •3i V 4GRIMM1 W8116, PG 363N a •/ ZONED: P4 USE. AGR. 76.06 AC � I I j I I o I I m• 1 0 I II I I 04„ U fY. WfeF If"rf Ex. 1p / / 25 BpL / U RE 0./OtE� / pPPROy,IMAtE NJGNME� O/ o50 .160NED��4 t' � Z r CI,MH Ab1115 .WCtf.YG>H Cr�WO�f�u'In C*biOYA.1 0.1-11-tf ■ V k M JB' � O N � o aDn, o I U p N � C QN I c o 8 a co i EN K 'SHENANDOAH WATER' 43-(19)-60 SHENWIN, LLC 1105mI6638 y mr —7\ s ZONED: USE WAREHOUSE 3.00 ACRES � • Bq� 3F.SFy _ r, o� 1� \�1 43-(19)-43 MUL4-iICHES ASSOCL5 ASSOC 81 -- ZONED: M-1 - - USE: OUTDOOR STORAGE 6.95AIRE5 5 35• 1Y - 477.81' EX. 10'ORA/N4GENAGE EASEMENT 0060020671 ary Property Data Tax Map Number 43-(19)-64 Address 660 McGhee Road Area 4,943 acres Zoning M-1 60' 0' 60' Legal References #060020671 Existing Use Vacant GRAPHIC SCALE Proposed Use Trailer Parking Lot l K V J � o ao� MCGHEE R� nD Q POUi60 Ro Q K C O C O O C a K O W O CJ W F 4J-(19)-63 A 8 5 MARBLE �+ GVNITE, INC 0600619 ZONED: M-I y� W USE: WAREHOUSE 2 2J9ACRES DATE: 5-4-2018 SCALE: 1"=60' DRAWN BY: GRO JOB NO. #0600 43-(A)-19 JPD PROPERTIES, LLC 140007602 ZONED: RA USE. AGRICULTURE 3778ACRfS _ I I I I I j 11 I I i I - 1 a of 3 I I j 43-(A)-11 GRIMM N Q WB 116, PG 363^ ZONED: RA / •/ USE: AGR. 76.6 AC. i •i - h ! I , i I I a,l I �•I I w I x xme:.r xeM su•,r,ar ara,r :e w± LL Q �\ SPRING VALLEY -LOT 73 )73 MARSHALLMILLS,INC. V \ OB 473, PG 315 ZONED: P4 USE: VA CANT -AGRICULTURE �\ 5.01 ACRES IPCI o h M /RURpIr FCULNpE-`, 01O ~�1Np USE PpCp65 ,W C Q �\ 60,N 16 E0. / OOO tl�Z,� ZO 36 54 P > e N o es srojl0 � '� �3u SHENANDOAH WATER' 478 a9 4• E" p7067� 43-(19)-60 SHENWIN, LLC 11050016638 ZONED: M-1 / N 15e42' 1 406� // EN EN`EM ye tee- USE: WAREHOUSE 3.6 ACRES �'• / Ex.1 25 �t SF� 37 OE . iE PUONMENI PP,*Ox�Mp 43-(19)-43 MULDSSOCIA ESNES ASSOCIATES 15 15 - - -- �- - - ZONED: ZONED: U5E: OUTDOOR STORAGE - - - 6.95ACRES 5 S W - 47781' EX ZO'ORAlNAGE NAGf EASFMENi- t0600267] Property Data Tax Map Number 43-(19)-64 �vr Address 660 McGhee Road Area 4.943 acres Zoning M-1 60' 0' 60' Legal References #060020671 Existing Use Vacant GRAPHIC SCALE Proposed Use Trailer Parking Lot ti C V J J oYa MCGN�E R�MD 2Q 4 K ROUTE�,RO.W. Y Z tOt W „O V LL O a 1 kl W Op W U � 93-(19)-63 A B 5 MARBLE G060017619C ZONED: M-1 USE.' WAREHOUSE W 2 2.19 ACRES DATE: 5-4-2018 SCALE: 1"=60' DRAWN BY: GRO JOB NO. R0600 SPRING VALLEY- LOT 73 93-((9))-(4)-73 MARSHALL MILLS, INC. DB 473 PG 315 43 (A) 19 r ZONED: RA JPD PROPERTIES, LLC r'USE: VACANT- AGRICULTURE ON JRA ZONED:RA `~ � 5.01ACRES /. P�RRoIJ�T�RE USE: AGRICULTURE f+ - ✓ ��RA YN �, PPER PG110 3Z78ACRESR ES .rr / �TNR NNSE• f r' ✓ y r f' ✓" / 0543 Pl'16 NEB' AC?' r . r f /r ' // \ �,� ✓''/ GCE #p900 210Z N 36 5� P I t �''fr ff �� � •/✓ice, t I r`7 f f I ,.! ''f f f I 43-(A)-11 GRIMM WB 116, PG 363 ZONED: RA USE.• AGR. 76.06AC. ✓` 41869 04 E #p6pp20 15og2 N MEN1' SE , 1� EP //-—T7 -7-7- ! 00_�, /111 ! Ilffflf1.�t,l061E !j fil'f!I/t!/GNMi 0': PPRpX1MA If fll !/.Ly'f// t!I IP!•Iifl ft11 ' yy s l r I k,/ ! r t z � � t m' �1 it f }i 1 L21 ` f S 37°4835" W - 477.81' Ex 10 DRAINAGE EASEMENT #060020671 r I' i� C-1 1 75.00' 1 82,47' 1 78.38' 1 543°13'14'E 1 63°00.77' 1 SHENANDOAH WATER" 43-(19)-60 SHENWIN, LLC #050016638 y ZONED: M-1 USE: WAREHOUSE r rs 3.00 ACRES r <` GJr�vys' 9 �o so o� 06. �r 43-(19)-43 MULDOWNEY-TICHES ' ASSOCIATES 030024815 ZONED: M-1 USE' OUTDOOR STORAGE 6.95ACRES trl �w Property Data Tax Map Number 43-(19)-64 Address 660 McGhee Road Area 4,943 acres Zoning M-1 60' 0' 60' Legal References #060020671 Existing Use Vacant GRAPHIC SCALE Proposed Use Trailer Parking Lot McGH s6 ROAD RO0' R.0•W �.. 43-(19)-63 A & 5 MARBLE r GRANITE, INC. 060017619 ZONED: M-1 ' USE: WAREHOUSE 219 ACRES Z Pc c 1 V � J Q) J Q) o� Y LL O Q ti Q z kn W �j CL W 4 ~ ­5 Q ti Q� U_ O �S O DATE: 5-4-2018 SCALE: 1"=60' DRAWN BY: GRO JOB NO. #0600 43-(A)-19 3PD PROPERTIES LLC \ SPRING VALLEY - LOT 73 \ 43 9J)-(4173 MARSHALL MILLS, INC. DB 473 PG 315 ZONED: RA,, , -- USE: VACANT -AGRICULTURE i�ON JR140007602 P� ZONED: PA % / ./rf \\ 5,014CRE5"LPA'45CULloge USE. AGRICULTURE / i ' N RUR� �N L. AGR 37.78ACRES p1NR N USE: ppB 43 (�)' ZONE b 4 ACRES � � r�✓ �'"' /'�. �U !lf! �trf 11 lll�t�lf fJ!' � ,r'"/ r,� .-�`" ,,r EX•''- J ! �JJ J f f! ! �.lw's` � � � ,r �!f � ,t ! •. 0900,21 ✓/" ,,� �`�"� f! f f f/ J J! l,.-'J t J! f!! !r l J!` / r 41aA9' a6Z0� E 608206�1r 15 00 ff! fJ� °fJl J f!l JJJr nE .-" Pe ff— 10 ✓ f j! j f j 1 f ff1�J25jBR� ✓x ll!! f f! 1 fJ..•1' .! f I ! I flit 9 f ✓,+f J ! f ! J l J J`•j ff f 31 ,,,.• f J l t J/ t f�,!'•g' RE RQ OFJ'f is JfntO04A J!! J ff f ffff ,Jf APP I j "; �f�fll 1YJrJ'`f Jlt E!f f JlIJ r;- ';%�J'tdfffiflf f ! J ! ! 43-(A)-21 ry I i j 00 GRIMM ti WB 116, PG 363 1 ZONED: RA USE- AGR. ! -i' M ; / / / / /<V / / / �I / A�v I a�j I m�j o !; tAjfi it r r r' r r� i r S 37°48'35" W 477.81 ' EX. 20 DRAINAGE EASEMENT - #060020671 SHENANDOAH WATER' 43-(19)-60 SHENWIN, LLC #050016638 2 ZONED: M-1 USE: WAREHOUSE 6, 3.00 ACRES F, roGTf�p9s' 9 06. �r I McGHEE ROAD ROUTE 60$R-O-W. 43-(19)-43 MULDOWNEY-TICHES ASSOCIATES 030024815 ZONED: M-1 USE. OUTDOOR STORAGE 6.95 ACRES *� Property Data Tax Map Number 43-(19)-64 Address 660 McGhee Road Area 4.943 acres Zoning M-1 60' 0' 60' Legal References #060020671 Existing Use Vacant GRAPHIC SCALE Proposed Use Trailer Parking Lot M 43-(19)-63 A & S MARBLE GRANITE, INC. 060017619 ZONED: M-1 USE. WAREHOUSE 2.19 ACRES 0 3 C O O JJ ry R = to h �I 0 0 E C � � E b O •� o N Ce Q @� L D V /�? co j CX am o boo CZ u �3C� ti Z C8 V J J � o zQ� C 5-1Q � Ct lO W j ti V W O nV J' W Z Q oPC I J � Z O DATE: 5-4-2018 SCALE: 1"=60' DRAWN BY: GRO JOB NO. #0600 4., M AY 2 3 2018 1' FREDERICK -61JNTy Submittal Deadline sl-zs I Is P/C Meeting - BOS Meeting 16. APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (check one): Property Owner Other ✓� NAME: Trailer Drop, LLC ADDRESS: 1073 Redbud Road, Winchester, VA 22603 TELEPHONE: (540) 667-2001 2. Please list all owners, occupants, or parties in interest of the property: Lenoir City Company of Virqinia, Inc. - Tom Gilpin, Current Owner Trailer Drop, LLC - Owner by Contract 3. The property is located at: (please give exact directions and include the route number of your road or street) Stonewall Industrial Park at the end of McGhee Road (Rt 861 4. The property has a road frontage of 82.47' feet and a depth of 697.01' feet and consists of 4•934 acres. (Please be exact) 5. The property is owned by Lenoir City Company of Virginia as evidenced by deed from Lenoir City Company of Tennessee (previous owner) recorded in deed book no. 344 on page 235 , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 101 Property Identification Number (P.I.N. Magisterial District Stonewall Current Zoning M-1 43-(19)-64 0 7. Adjoining Property: USE ZONING North Industrial M-1 East Industrial M-1 South Agricultural RA West Agricultural RA 8. The type of use proposed is (consult with the Planning Dept. before completing): SECTION 165-204.24 - TRACTOR TRUCK AND TRACTOR TRUCK TRAILER PARKING 9. It is proposed that the following buildings will be constructed: NO BUILDINGS - STATE COMMERCIAL ENTRANCE AND GRAVEL LOT ONLY. 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: Name and Property Identification Number Address Name Kathryn L. Parker 394 Paris Heights Lane Paris, VA 20130 Property#43-(A)-16 NameShenwin, LLC PO Box 2555 Staunton, VA 24402 Property#43-(19)-60 Name Muldowney-Tiches Associates 331 Newman Springs Road, Suite 236 Red Bank, NJ 07701 Property443-(19)-43 NameCheryl Grimm Morris PO Box 2802 Winchester, VA 22604 Property#43-(A)-21 Name Property # Name Property # Name Property # 11 12. Additional comments, if any: I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant Signature of Owner Owners' Mailing Address 14je. Owners' Telephone No. TO BE COMPLETED BY THE ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: C -;�d6a y' i Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents: That I (We) (Name) Lenoir City Company of Virginia, Tom Gilpin (Address) PO Box 1657, Winchester, VA 22604 (Phone) (540) 678-1110 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 344 on Page 235 , and is described as Parcel:43 Lot: 19 Block: Section:64 do hereby make, constitute and appoint: Subdivision: Stonewall Industrial Park (Name) GreyWolfe, Inc. - Gary R. Oates, LS-B, PE (Phone) (540) 667-2001 (Address) 1073 Redbud Road, Winchester, VA 22603 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: _Rezoning (including proffers) Conditional Use Permit 0 Master Development Plan (Preliminary and Final) _Subdivision .Site Plan .Variance or Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: 1 his authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, e) have hereto set my (our) hand and seal this &'tfzday of u , 20/9, , Signature(s) X1Z� State of Virginia, CitylG(Y icy of V V) i 9cft , To -wit: a Notary Public in and for the jurisdiction aforesaid, certify that the peison(s) who signe'd to the foregoing instrument personally peared before me and has c wledged the same before me in the jurisdiction aforesaid this Nei of , 20 t My Commission Expires: 2-0'2.y of ry Public � � r Ah 060020671 IMY �) t AJ,' OTARY PUBLIC C� COMMISSION EXPIRES 4 ZZS ZO�D SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS SUBDIVISION IS A PORTION OF THE LAND CONVEYED TO LENOIR CITY COMPANY OF VIRGINIA BY DEED DATED JANUARY 1, 1968 OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE IN DEED BOOK 344 AT PAGE 235. RICHARD A. EDENS, L.S. NOTE: PARENT TAX PARCEL IDENTIFICATION LENOIR CITY CO. OF VA. T.M. 43-19-2 35.98t ACRES ZONE: M1 USE: VACANT APPROVALS: / �l✓y(�6 0 RICK C0 SANI T N AUTHORITY DATE Sp,LTH Lr S 1- OL IR NIA PA ENT IfSPORTATION DATE.�c o RICHARD A. EDENS a Z&!- 4 b No.002550 F ED RICK COUNTY SUBDIVISION ADMINISTRATOR DATE suRv13 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX. (540) 722-9528 Founded in 3310 SHEET 1 OF 4 1971 www.greenwayeng.com �+ TM. 43-A-16 GLEN0068IN RIDGE e RURAL PRESERVATION TRACT 1,805.37' TO Q a GLEN W. RUSSELL, ET UX KENTMERE CT z cv INST. No. 020005243 (RTE. 869 ) o y (SEE INST No. 030000473) ti wmo ; ZONE. RA USE. AGRICULTURAL 60 M 43,19 C �`V i EN,$IN.5 •0t66 N1 E9 IRF lY v INS,'No OUSE VA 57, o C 1 ml �9. V ZONE. » E 3 / Fc'� \ IRKS / 0 10' DRAINAGE EASEMENT n a Q BRA `re G j PG 1486 c� a IRF0 °j Q ,n U) 10' DRAINAGE ct UTIUTY „ v J W ` EASEMENT HEREBY RESERVED. 20 ��: E3 t a m 2 I SEE NOTE J. j:: •1 ._S 16'08'05' W DOT -SHADED AREA DENOTES A I 250.00' VAR4lBL WID7H DRAINAGE EASMENT HEREBY DEDICATED TO THE h p II COMMONWEALTH OF V1RGlNIA. m % I o� h r f. �• I LOT 10 N it W -- NEW TAX PARCEL I 43-19-64 TO 4.9426 ACRES o, I �, ro' DRAINAGE & unurr W h I N EASEMENT HEREBY RESERVED. �W tc I SEE NOTE J. 5100 �Ooo Z�F c ��� / �h �•�� J��o' � o N e W o �,p � /• �� p�' o 0 4; 3 I 'c 2 Yi�t / oSp, m4 J �PFo IVO `n sr Z IRSo h'Y,�B(,0 / // c) _zy 20' DRAINAGE EASEMENT DB 832 PG 1486 N 45'07 30 W '1cF o I I SEE SHEET 3 FOR CURVE DATA, 244.44' I I LINE DATA, LEGEND AND NOTES. I SEE SHEET 4 FOR METES h T.M. 43-A-2I BOUNDS DESCRIPnON. CHERYL GRIMM MORRIS WB 116 PG 363 \ 100 0 100 SEE DR 240 PG 322 ZONE. R4 USE. AGRICULTURAL GRAPHIC SCALE (IN FEET) FINAL SUBDIVISION PLAT OF A PORTION OF THE LAND OF Nl TH 0 LENOIR CITY COMPANY OF VIRGINIA �� Dj LOT 10 - STONEWALL INDUSTRIAL PARK ° STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA U RICHARD A. EDENS a SCALE: 1" = 100' DATE: MARCH 28, 2006 No. 0025 )0 GREENWAY ENGINEERING 3-Zlb -C(o 151 Windy Hill Lane Engineers Winchester, Virginia 22602 juRtj�� Surveyors Telephone:(540) 662-4185 FAX'(540) 722-9528 Founded in 1971 www.greenwayeng.com 3310 SHEET 2 OF 4 O N v CURVE DATA CURVE DELTA ANGLE RADIUS ARC LENGTH I TANGENT CHORD BEARING CHORD LENGTH C 1 63'00' 11 ' 75.00' 82.47' 1 45.96' S 36'09' 19 " E 78.38' CURVE I DELTA ANGLE RADIUS ARC LENGTH I TANGENT I CHORD BEARING I CHORD LENGTH EC 1 I 30' 11 '09' 95.00' 50.05' 1 25.62' 1 N 19'4448' W 1 49.47' nRA/NAGF FASFAAFNT l /AIF nATA LINE BEARING DISTANCE El S 16'08'05' W 25.00' E2 S 68'51 '18' W 30.31 ' E3 S 06'43'18' W 14Z48' E4 S 16"08'05" W 61. 14' E5 S 44'52'30" W 383.65' E6 N 13'04 20" E 18.98' E7 N 445230' E 364.07' £8 N 06'43'18" E 252.38' E9 N 85'20'47" E 20.00' LEGEND BRL = BUILDING RESTRICTION LINE PER ZONING ORDINANCE IRF = 112" IRON REBAR FOUND IRS = 1/2" IRON REBAR & CAP SET POB = POINT OF BEGINNING OF METES & BOUNDS DESCRIPTION NOTES 1. THE BOUNDARY INFORMATION SHOWN HEREON IS BASED ON A CURRENT F7ELD SURVEY BY THIS FIRM. 2. NO TITLE REPORT FURNISHED. EASEMENTS OR ENCUMBRANCES MAY EXIST WHICH ARE NOT SHOWN. J. A DRAINAGE AND UTILITY EASEMENT, TEN FEET IN WIDTH, IS HEREBY RESERVED BY L£NOIR CITY COMPANY OF VIRGINIA OVER LOT 10 LYING ALONG AND COINCIDENT TO ALL OF THE BOUNDARIES OF LOT 10 AS SHOWN HEREON. 4. THE PROPERTY SHOWN HEREON LIES WITHIN ZONE C, AREAS OF MINIMAL FLOODING, AND ZONE A, AREAS OF 100—YE4R FLOOD; BASE FLOOD ELEVATIONS AND FLOOD HAZARD FACTORS NOT DETERMINED, PER M F. L P. FLOOD INSURANCE RATE MAP No. 510063 0105 B, DATED JULY 17, 1978. THE APPROXIMATE LIMITS OF SAID ZONE A ARE SHOWN HEREON AS DETERMINED BY GR4PHIC PLOTTING UPON 54/0 MAP. 5. THE LOT SHOWN HEREON MAY BE SUBJECT TO FUTURE RIGHT—OF—WAY ACQUISITION FOR THE PROPOSED ROUTE 37 EASTERN BYPASS PER THE CURRENT FREDERICK COUNTY COMPREHENSNE PLAN. FINAL SUBDIVISION PLAT OF A PORTION OF THE LAND OF LENOIR CITY COMPANY OF VIRGINIA LOT 10 - STONEWALL INDUSTRIAL PARK STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: N/A DATE: MARCH 282006 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX: (540) 722-9528 Founded in 1971 www.greenwayeng.com r�ALTH r RIC ARD A. EDENS y No.002550 '3-Z8-oGo l"■V�.� SURNS 3310 SHEET 3 OF 4 O W O METES AND BOUNDS DESCRIPTION The accompanying plat represents a division survey of a portion of the land conveyed to Lenoir City Company of Virginia by deed dated January 1, 1968 of record in the office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 344 at Page 235. The portion of said land herein described, hereafter to be known as Lot 10 — Stonewall Industrial Park, fronts the northwestern boundary of McGhee Road (being a duly dedicated street not yet accepted for maintenance by the Virginia Department of Transportation) 1,805.37' southwest of the intersection with the southwestern boundary of Kentmere Court (Va. Route 869) in Stonewall Magisterial District, Frederick County, Virginia and is more particularly described by metes and bounds as follows: LOT 10 Beginning at a %2" iron rebar found on curve in the cul-de-sac boundary at the southwestern terminus of McGhee Road, corner to Lot 11 (Shenwin, L.L.C.); thence with said road boundary 82.47' along the are of a curve to the left, having a radius of 75.00, and a chord bearing S 36°09'19" E for a distance of 78.381, to a %2" iron rebar & cap set, corner to Muldowney- "riches Associates I Limited Liability Limited Partnership; thence with Muldowney Tiches for the following two courses: S 16008'05" W — 250.00' to a %2" iron rebar & cap set; thence S 44°52'30" W, passing over a ''/2" iron rebar & cap set at 462.8 P and continuing, 477.81' in all, to a point in Redbud Run and in a line of Cheryl Grimm Morris; thence with Morris and generally with said run N 45007'30" W — 244.44' to a W' iron rebar & cap set on the southwestern bank of Redbud Run and in a line of Glen W. Russell, et ux; thence crossing said run and with Russell N 22045'59" E — 478.49' to a '/2" iron rebar found, corner to Lot I I (Shenwin, L.L.C.); thence with Lot 1 1 N 85020'47" E — 349.57' to the beginning. Containing ................... ............... 4.9426 Acres. ........................................ Surveyed............................................................................. March 28, 2006. VIRGINIA: FREDERICK COUNTY.SCI'. This instrument of writing was produced to me on ►►' &-Ll10 at 10 - as I rr-I and with certificate acknowicdacment thereto annexed was admitted to record. Tar imposed by Scc. 58.1-802 of $14 �4 , and 58.1-801 have been paid, if assessable. eeQ 1__� , Clerk, File 3310 TH p�, RICHARD A. EDENS No.002550 C14b O,�r,t1F'i Sheet 4 of 4 gtimp U) ,� rn, 0 C rn w V 'YO m ii ti Q RT 661 w 'LLTO�yN PIKE N, o X ���� I�T�RSTgTF 9 81 -9 11 nwW B.BPna ,ux'Ie,Gni cwBolxm' CI IB.W' B}.? IB.IB' cwx°oeEauxc MTABM'iE SU'1l'IB'E 6)'00'IT' C.)O SPRING VALLEY - LOT 73 13-((9)X4)'23 ^ MARSHAL( MILLS, INC. off473, PG 315 C N 47-(A1-79 \ ZONED: RA -CT / , e o 0 JPD PROPERTIES, LLC 2 �` USE: VAC4NT-AGRILUL7URE SON'' VA 5.01 ACRES �R 0 �I U N 1ONW.6002 USE., AGRICULTURE 3778ALRES 1UaE F)jU . N L P�p6�CUL \ R��,ILIPUSEll /.. S /�p0041302J,.11030.54�CRE5 -•-- v) $ v ° 3 a..'SHENANDOAH Cz WATER' 1 t ` •{'E" 1 478 49 2'IL 540, 'r - %� ,. SHENWIN � LC ♦050016635 ZONED: M-1 — � 1 i0° N y r y USE: WAREHOUSE 3.00ACRES � t F 1. Elip r 9. r Of 1 / , I 11 � oYo Mom' 6611o MPDII ti cc 1. ROUE 60' R.O.W. C QL K Q 0 12 ci 43-RIMM(A1-21 G WB 116, PG 363 ZONED RA / L ,R• ... (n 1~/1 T USE AGR 2 r /.I M ,�Ufl Sqq° (� O� 7606 AC ; I z Imo, © MULO3.,N1RT7C1E5 93 (19)63 A85MARBLE Q f M - .. ..... ... ... .....- ... ... - / ASSOCIATES' 030024815 ZONED: M-1 - GRANITE, INC. 19 0o I � t--- _. / / . USE: OUTDOOR STORAGE 6.95ACRE5 ZONED' M 1 USE WAREHOUSE 7.19 ACRES O S37N075'W 477.81' /.' I. tn 20'DRAN4GEEASEMENT I'O60020671 .A _ ! PropertyData Tax Map Number 43-(19)-64 Address 660 McGhee Road j! Area 4.943acres DATE: 6-4-2018 Zoning M-1 SCALE: P=60' 60' 0' 60' Legal References #060020671 s Existing Use Vacant DRAWN BY: GRO GRAPHIC SCALE Proposed Use Trailer Parking Lot JOB N0. #0600 • 0 • 0 RECEIVED MAY 16 21 REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Fire Marshal Mail to: Frederick County Fire Marshal 1800 Coverstone Drive Winchester, Virginia 22602 (540)665-6350 Hand deliver to: Frederick County Fire & Rescue Dept. Attn: Fire Marshal Public Safety Building 1800 Coverstone Drive Winchester, Virginia Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two (2) copies of your application form, location map and all other pertinent information. Applicant's Name: Trailer Drop, LLC Telephone: (540) 667-2001 Mailing Address: GreyWolfe, Inc. - Gary R. Oates, LS-B, PE 1073 Redbud Road, Winchester, VA 22603 Name of development and/or description of the request: Trailer Drop, LLC - A CUP request for a gravel lot with commercial entrance for tractor trailer parking. Location of Property: 660 McGhee Road - Stonewall Industrial Park at the cul-de-sac in the back of the park. (Route 861) Fire Marshal's Comments: Fire Marshal's Signature & Date: Notice to Fire Marshal - Please Return This Form to the Applicant 11 • 0 s 0 Frederick County Department of Fire and Rescue Office of the Fire Marshal 1080 Coverstone Drive Winchester, VA 22602 (540) 665-6350 Fax: (540) 678-4739 Email: fmocOfcva.us Plan Review & Comments Date Received 5/16/2018 Plan/Permit Type CUP 05-16-18 Name Trailer Drop, LLC Address 600 McGhee RD Winchester Project Name Tractor Trailer Parking Applicant Name & Number Trailer Drop, LLC 540-667-2001 RE# Permit Number Emergency Vehicle Access: Ade'9 ate Inadequate N/A Hydrant Location: Adequate Inadequate N/A Siamese Location: Adequate Inadequate N/A Fire Lanes Required: Yes No N/A Plan Approval Status Approve Comments Signature: Reviewed By: Kenneth Sco , Jr. t i Title: ')� ��' � J Date Reviewed 5/22/2018 VA 22602 E 17J REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Mail to: Frederick Water Attn: Engineer P.O. Box 1877 Winchester, Virginia 22604 (540) 868-1061 Frederick Water Hand deliver to: Frederick Water Attn: Engineer 315 Tasker Road Stephens City, Virginia Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two (2) copies of your application form, location map and all other pertinent information. Applicant's Name: Trailer Drop, LLC Mailing Address: GreyWolfe, Inc. - Gary R. Oates, LS-B, PE Telephone: (540) 667-2001 1073 Redbud Road, Winchester, VA 22603 Name Name of development and/or description of the request: Trailer Drop, LLC - A CUP request for a gravel lot with commercial entrance for tractor trailer parking. Location of Property: 660 McGhee Road - Stonewall Industrial Park at the cul-de-sac in the back of the park. (Route 861) Frederick Water Comments: —The requested use does not propose to utilize Frederick Water's water and sewer services. Frederick Water offers no comments. Frederick Water Signature & Date: _ Eric Lawrence 5/16/2018 Notice to Frederick Water - Please Return This Form to the Applicant 14 0 Subject: Trailer Drop, LLC - VDOT Comments to CUP Date: 5/23/2018 8:16:30 AM Eastern Standard Time From: Rhonda.Funkhouser@vdot.virginia.gov To: greywolfeinc@aol.com Cc: lloyd.ingram@vdot.virginia.gov, matthew.smith@vdot.virginia.gov DEPARTMENT OF TRANSPORTATION Staunton/Edinburg Land Development 14031 Old Valley Pike Edinburg, VA 22824 The application for a Conditional Use Permit for this property appears to have a measurable impact on Route 861, the VDOT facility which would provide access to the property as noted in the application. This VDOT office supports this CUP request. Prior to operation of the business a commercial entrance must be constructed on McGhee Road, to our standards to allow safe ingress of the property. Any work on the State's right-of-way must be covered under a land use permit. The permit is issued by this office and requires and inspection fee and bond surety. If you require additional information, please contact me. Lloyd A. Ingram I Land Development Engineer Virginia Department of Transportation Clarke, Frederick, Shenandoah & Warren Counties 14031 Old Valley Pike Edinburg, VA 22824 voice: 540/984-5611 fax: 540/984-5607 e-mail: Lloyd.InaramCalvdot.vir iu nia.,gov Subject: RE: CUP -Truck Lot Date: 5/17/2018 10:33:56 AM Eastern Standard Time From: cperkins@fcva.us To: Greywolfeinc@aol.com Gary, Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. Candice Candice Perkins, AICP, C"LA Assistant Director Frederick County Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601 Phone: (540) 665-5651 Fax: (540) 665-6395 E-mail: cnerkinsQfcva.us www.fcva.us T A X R E C E IW - Y E A R 2 0 1 7- 2nd * Ticket #:00222890002 @@ FREDERICK COUNTY C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604-0225 Date : 11/30/2017 Register: LBX/RWCB1 Trans. #: 26584 Dept # RE201702 ACCT# 8045584 2017 REAL ESTATE Previous LOT 10 STONEWALL IND PARK43 19 64 Balance $ 1284.60 4.94 ACRES Acres: 4.94 Principal Being Paid $ 1284.60 Land: 428200 Imp: 0 Penalty $ .00 Interest $ .00 LENOIR CITY CO OF VA Amount Paid $ 1284.60 PO BOX 1657 *Balance Due WINCHESTER VA as of 11/30/2017 $ .00 22604 8157 Check# BOC 5481$ 1284.60 Pd by FREDERICK COUNTY TREASURER 107 N KENT STREET SUITE 100 For Tax Information & Online Payments WWW.FREDTAX.COM DATES TO REMEMBER Mar 1 Business Equipment/license Must be filed Apr. 1 Business License tax due June 5 First Half Taxes Due Personal property • Real Estate Sanitary Districts Street Lights Star Fort Vehicles license tax Dec 5 Second half Taxes Due Personal property Real Estate Sanitary Districts Street Lights Star Fort Vehicle license tax Dog tags renew upon expiration of rabies certificate Please renew on-line Mailing Address Frederick County Treasurer P.O. Box 225 Winchester, VA 22604-0225 540.665.5607 borndoff@fcva.us Treasurer's Office Hours Monday — Friday 8:30 am to 5:00 pm 0 9 Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL, PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. Candice Mark Dave Tyler \ Mike John COMMENTS: �V Received by Clerical Staff (Date & Initials Date & Time rP -71c- gz3419 — /�p .` (S:Office on Blackbox\Forms\Document Approval Form—6/7/2016 ) 0