HomeMy WebLinkAbout04-25 PC Staff Report REZONING #03-25 & CONDITIONAL USE PERMIT #04-25
Royal King Truck Trailer Parking (Royal King Truck Stop, LLC)
Staff Report for the Planning Commission
Prepared: April 9, 2025
Staff Contact: M. Tyler Klein, AICP, Senior Planner
Executive Summary:
Meeting Schedule
Planning Commission: April 16, 2025 Action: Pending
Board of Supervisors: May 14, 2025 Action: Pending
Property Information
Property Identification Number (PIN) 33-A-164, 33-A-164C, & 33-A-165
Address Terminus of Hopewell Lane; south of
Hopewell Road (Route 672)
Magisterial District Stonewall
Acreage REZ: +/- 4.35-acres (1 parcel)
CUP: +/- 13.64-acres (3 parcels)
Zoning & Present Land Use Zoning: B2 (General Business) & B3
(Industrial Transition)
Land Use: Vacant
Proposed Zoning B3 (Industrial Transition)
Adjoining Property Zoning & Present Land Use
North: B2 (Industrial Transition) Land Use: Truck Repair
South: RA Land Use: Ruritan
East: Railroad, RA & B3 Land Use: Railroad/School/Vacant
West: I-81 Land Use: Interstate
Proposed Use
This is a request to rezone 4.35+/- acres (one parcel) from the B2 (General Business) Zoning
District to the B3 (Industrial Transition) Zoning District with proffers to develop tractor truck
and tractor truck trailer parking and a request for a conditional use permit (CUP) to develop
tractor truck and tractor truck trailer parking on three (3) parcels totaling 13.64+/- acres.
Positives
Concerns
Per VDOT, the proposal will have minimal
impact on the transportation network and the
applicant has an approved Commercial
Entrance Plan from VDOT (12/3/2024).
The proposed rezoning (and CUP) does not
implement uses typically associated with the
“business” land use designation outlined in
the Comprehensive Plan. The proposed
zoning district (B3) and CUP use, tractor
truck, and tractor truck trailer parking, is
5
Page 2 of 6
The proximity of the subject properties to the
interstate (Exit 321) and adjoining industrial
uses on Hopewell Lane (including truck
repair) may make the proposal for tractor
truck and tractor truck trailer parking
appropriate.
The proffer statement limits use of the
property to only tractor truck and tractor
trailer truck parking.
typically associated with “industrial” planned
land uses.
The subject property is highly visible from
Interstate 81 and the proposal (proffer
statement nor GDP/CUP exhibit) does not
address “high quality site design elements,”
such as “enhanced buffers and screening,”
envisioned in the NELUP.
Review Agency Comments:
Review Agency
Comment
Date
Comment Summary Status
Frederick
County (FC)
Public Works
March 26,
2024
“We offer no comments at this time.”
FC Fire
Marshal
April 23,
2024
“All future development shall comply
with the Frederick County Fire
Prevention Code.”
FC County
Attorney
March 7,
2025
See attached comment letter. Comments
addressed. Legal
form.
Frederick Water March 25,
2024
“The Rezoning application and
Conditional Use Permit propose
zoning entitlements to permit Truck
Parking. The proposed Truck Parking
lot will not require extension of
existing water and sewer services, nor
use said services. No further
comment.”
Virginia
Department of
Transportation
(VDOT)
May 8, 2024
“VDOT has reviewed our portion of
the rezoning application of tax map
property 33-A-1644. The traffic
impact will be minimal on Hopewell
Road and we have no issues with the
rezoning as presented.”
“VDOT has reviewed the Conditional
Use Permit applied for by Royal King
Truck Stop LLC truck parking and
can approve with the following
comments. A VDOT approved
entrance will need to be constructed
Comments
addressed.
Commercial
Entrance Plan
approved by
VDOT on
December 3, 2024.
6
Page 3 of 6
according to the Road Design Manual
Appendix F. I am also attaching
VDOT's Commercial Entrance Site
Plan checklist that will be required to
be filled out in its entirety and
attached to the submitted plans.”
Planning & Zoning Staff Analysis:
Application Proposal & Site History:
This is a request to rezone +/-4.35-acres from B2 (General Business) Zoning District to the B3
(Industrial Transition) Zoning District with proffers and for a conditional use permit (CUP) to
establish “tractor truck and tractor truck trailer parking” on three (3) properties totaling +/-13.64-
acres. If approved, the applicant could develop 158 truck and truck trailer parking spaces as
outlined on their generalized development plan (GDP).
Rezoning #02-96 (Dr. Raymond Fish) was approved on June 12, 1996 to rezone the subject
properties from RA (Rural Area) Zoning District to the B2 Zoning District, and B2 to the B3
Zoning District with proffers. The approved proffer statement only requires a contribution to
local fire and rescue services and does not limit what uses may be developed.
Comprehensive Plan Conformance:
The Comprehensive Plan (adopted November 2021) and the Northeast Frederick Land Use Plan
(NELUP, 2023) provide guidance on the future development of the subject property. The Plan
identifies the subject properties with a “business” land use designation and as being within the
limits of the Sewer and Water Service Area (SWSA), and the Clearbrook and Brucetown Rural
Community Center. Brucetown is one of the oldest communities located in the County and contains
a number of significant historic structures. The plan further states:
“Given that the Clearbrook-Brucetown Rural Community Center extends to I-81 in close
proximity to Exit 321, it should be recognized that viable commercial uses in that area will
likely need to meet the needs of interstate travelers as well as the surrounding residents.”
The proposed rezoning (and CUP) does not appear to implement uses typically associated with
the “business” land use designation outlined in the Comprehensive Plan. Rather the proposed
zoning district (B3) and CUP use, tractor truck, and tractor truck trailer parking is typically
associated with “industrial” land uses. The intent of the B3 district as stated in the ordinance is “to
provide for heavy commercial activities, involving larger scale marketing or wholesaling, in
locations that are separate from but in the vicinity of business and industrial areas” (§165-604.01).
However, given the proximity to the interstate (Exit 321) and adjoining industrial uses, the use
may be appropriate if impacts are properly mitigated.
The plan notes areas along highly visible locations and at interstate interchanges should be
“designed to accommodate and promote highway commercial land uses.” Further, NELUP states:
7
Page 4 of 6
“As these areas are highly visible, building and site design should be of a high quality to
ensure that these areas put forth an attractive view for both residents and visitors; enhanced
buffers and screening are also important along Interstate 81 and adjoining roadways.”
While there are no proposed buildings, the proposal otherwise does not address Plan policy specific
to high-quality site design including enhanced buffers and screening along Interstate 81. The
property is highly visible from Interstate 81 and the ramp at Exit 321.
Transportation & Site Access:
The Plan does not identify any planned transportation improvements on the subject properties.
Access to the site is proposed from the terminus of Hopewell Lane. Per the VDOT comments
(5/8/2024) a Commercial Entrance Plan is required. The applicant received approval on their
Commercial Entrance Plan on December 3, 2024. Use of the property subject the rezoning (PIN
#33-A-164) is proffered to be limited to only tractor truck and tractor truck trailer parking; the
other subject properties are already zoned B3.
Zoning Ordinance Standard:
“Tractor truck and tractor truck trailer parking” is allowed as a conditional use (requiring a CUP)
in the B3 (Industrial Transition) Zoning District. The Zoning Ordinance (Chapter 165) also
includes additional regulations for the use (§165-204.24):
Tractor truck and/or tractor truck trailer parking facilities in the B3 (Industrial Transition), M1
(Light Industrial) and M2 (Industrial General) Zoning Districts permitted as a primary use with a
conditional use permit. The facilities shall not be located adjacent to residential uses. These lots
shall meet the following conditions:
A. All areas utilized for the parking of tractor trucks and the storage of trailers shall utilize a
gravel or paved surface.
B. All paved and gravel surfaces shall be properly maintained to ensure that dirt, mud,
gravel or the like is not distributed onto roadways.
C. No inoperable tractor trucks or damaged/salvage trailers, or unlicensed trailers shall be
parked or stored on the site.
D. Fuel sales shall not be permitted.
E. Maintenance of trucks and trailers shall not be permitted.
F. Facilities shall be required to landscape the yard area within the front setback to provide
for a double row of evergreen trees that are staggered and planted a maximum of 12 feet
on center. The side and rear yards shall be planted with a single row of evergreen trees
that are planted a maximum of 40 feet in the center. All trees shall be a minimum of four
feet in height at the time of planting. The Board of Supervisors may allow for alternative
landscaping based on topography and/or adjacent land uses.
G. A site plan in accordance with the requirements of Article VIII shall be submitted to and
approved by Frederick County.
8
Page 5 of 6
Proffer Statement, Generalized Development Plan (GDP), & Impact Analysis:
Proffers
(Dated 03/10/2025)
Staff Comment
Proffer 1 – Land Use No comment.
Proffer 2 – Transportation No comment.
Proffer 3 – Limitations No comment.
The generalized development plan (GDP) dated January 15, 2025, is included below and shows
the limits of the proposed parking area and Zoning Ordinance required plantings along the
property frontage.
Conditions of Approval (Recommendation):
Should the Planning Commission find the use to be appropriate, staff would suggest the following
conditions for the conditional use permit (CUP):
1. A site plan in accordance with the requirements of Article VIII shall be submitted to and
approved by Frederick County prior to the establishment of the use. The site plan should
address additional regulations for specific uses for Tractor Truck and Tractor Truck Trailer
Parking contained in §165-204.24 and comply with all review agency comments.
2. Any expansion or modification of this use shall require a new CUP.
9
Page 6 of 6
Requested Action:
Following a public hearing staff are seeking two (2) recommendations from the Planning
Commission to forward to the Board of Supervisors:
1. A r ecommendation on the proposed rezoning application to rezone one parcel totaling +/-
4.35-acres from the B2 Zoning District to the B3 Zoning District with proffers; and
2. A recommendation on the proposed conditional use permit application for tractor truck and
tractor truck trailer parking on three (3) parcels totaling +/-13.64 acres.
10