HomeMy WebLinkAbout04-25 BOS Staff Report - August REZONING #03-25 & CONDITIONAL USE PERMIT #04-25
Royal King Truck Trailer Parking (Royal King Truck Stop, LLC)
Staff Report for the Board of Supervisors
Prepared: July 28, 2025
Staff Contact: M. Tyler Klein, AICP, Senior Planner
Executive Summary:
Meeting Schedule
Planning Commission: April 16, 2025 Action: Recommended Denial
Board of Supervisors: May 14, 2025
Board of Supervisors: June 11, 2025
Board of Supervisors: July 9, 2025
Board of Supervisors: August 13, 2025
Action: Postponed by Applicant
Action: Postponed by Board of Supervisors
Action: Postponed by Applicant
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: +/- 13.65-acres (3 parcels)
CUP: +/- 13.65-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 (Rural Areas) 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 13.65+/- acres (three parcels) 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
The proposed rezoning (and CUP) does not
implement uses typically associated with the
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applicant has an approved Commercial
Entrance Plan from VDOT (12/3/2024).
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.
A revised proffer statement (5/29/2025) and
GDP (5/13/25) has been included and
addresses concerns raised by the Planning
Commission, including perimeter screening,
surface materials, security, hours of operation,
stormwater management and note restrictions
on overnight parking of tractor truck cabs.
“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
typically associated with “industrial” planned
land uses.
The proposal may not fully address the
impacts to County Fire and Rescue services.
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
June 2, 2025 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
May 8, 2024
“VDOT has reviewed our portion of
the rezoning application of tax map
property 33-A-164. The traffic impact
Comments
addressed.
Page 3 of 7
Transportation
(VDOT)
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
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.”
Commercial
Entrance Plan
approved by
VDOT on
December 3, 2024.
Planning & Zoning Staff Analysis:
Application Proposal & Site History:
This is a request to rezone +/-13.65-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). As described in the application, the
proposed facility will be fully enclosed with a 10-foot-tall security fence and manned during the
daytime hours (including a guard shack and storage building). The site will also include a
numeric keypad security gate, site lighting, perimeter screening, and a gravel surface. The idling
of trucks and overnight parking of tractor trucks (cabs) will be prohibited.
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.”
Page 4 of 7
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:
“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.”
The property is highly visible from Interstate 81 and the ramp at Exit 321. The revised Generalized
Development Plan (GDP, revised May 13, 2025) commits to a full screen buffer along Interstate
81 (and adjoining properties to the east). As specified in the Zoning Ordinance (Chapter 165), a
full screen buffer includes a mix of landscaped plantings and an opaque fence.
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.
The proposal does not fully address how additional tractor truck and trailer trips in this area of
the County may impact circulation particularly along Hopewell Road and the interchange with I-
81.
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.
Page 5 of 7
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.
Stormwater management and site (outdoor) lighting will be fully addressed at time of the site
plan if the proposed REZ and CUP is approved.
Proffer Statement, Generalized Development Plan (GDP), & Impact Analysis:
Proffers
(Dated 05/29/2025)
Staff Comment
Proffer 1 – Land Use No comment.
Proffer 2 – Screening and Buffering No comment,
Proffer 3 – Security, Lighting and Operations No comment.
Proffer 4 – Transportation No comment.
Proffer 5 – Binding Effect No comment.
Proffer 6 – Limitations No comment.
The generalized development plan (GDP) revised May 13, 2025, is included below and shows
the limits of the proposed parking area and contains notation regarding screening, landscaping,
security, lighting and stormwater management. Revisions to the GDP have been made to address
stated concerns from the Planning Commission.
Page 6 of 7
Conditions of Approval (Recommendation):
Should the Board of Supervisors 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, outdoor (site) lighting, stormwater management,
landscaping and perimeter screening, and comply with all review agency comments.
2. Parking is limited to tractor trucks and tractor trailers only. Overnight parking of tractor
trucks is prohibited.
3. Any expansion or modification of this use shall require a new CUP.
Requested Action:
Following a public hearing staff is seeking a decision by the Board of Supervisors on the
following:
1. A decision on the proposed rezoning application to rezone three parcels totaling +/-13.65-
acres from the B2 and B3 Zoning Districts to the B3 Zoning District with proffers; and
Page 7 of 7
2. A decision on the proposed conditional use permit application for tractor truck and tractor
truck trailer parking on three (3) parcels totaling +/-13.64 acres.
Planning Commission Summary and Action From the 04/16/25 Meeting:
The Planning Commission held a public hearing at their regular meeting on April 16, 2025. One
(1) member of the public spoke in support of the proposal. The Planning Commission expressed
several concerns including perimeter screening along interstate 81, security, hours of operation,
stormwater management, lighting, surface materials, and traffic impact to Hopewell Road. The
applicant addressed to the best of their ability many of the concerns raised and clarified how they
intended to operate the facility regarding access to the parking area and security. Staff clarified
that many of the concerns, particularly stormwater management, would be reviewed at the time of
the site plan. The Planning Commission recommended denial of the proposed rezoning and
conditional use permit (Commissioners Brannon & Kerns – No; Commissioner Sneddon –
Absent).
*Following the Planning Commission public hearing, the applicant has revised their proposal
and provided an updated proffer statement (5/29/2025) and generalized development plan
(GDP, revised 5/13/25) to address stated concerns.
Following a public hearing, staff is seeking a decision from the Board of Supervisors on this
Rezoning application