Town Council to reconsider UPS special use permit

On Monday, May 13th, the Front Royal Town Council will reconsider a Special Use Permit Application for United Parcel Service, Inc. (UPS) for Commercial Parking Lot behind 470 S Commerce
Avenue.

Council is requested to reconsider the approval of a Special Use Permit Application submitted by United Parcel Service, Inc. (UPS), on behalf of the property owners, Puja Properties, LLC, for establishment of a Commercial Parking Lot located behind 470 S Commerce Avenue. The Planning Commission has approved the application contingent upon nine (9) conditions as stated in the
Staff Report.

UPS want to expand parking – needs special use permit

UPS leases the property from the property owner, Puja Properties LLC, and has been doing so for a long time – allegedly since the late 1980s. This application is a response of Town Staff notifying UPS that they were in violation of the Town Code by using the property for truck parking because they have no prior approval and the Town Code requires a Special Use Permit for both commercial parking lots and distribution centers in the C-1 Zoning District. A use can not be grandfathered unless it was originally legal when established.

The Town is authorized to require a special use permit for certain uses within any zoning district under Virginia Code §15.2-2286. Some specific uses are granted protection from regulation from localities by the Virginia Code, including agriculture uses, small scale conversion of biomass to alternative fuel, certain residential uses, private tents, farm wineries, assisted living facilities, and group homes. These exempted uses are not applicable with this application.

The issuance of a special use permit is subject to such conditions as are deemed necessary by the Front Royal Town Council after recommendations of the Front Royal Planning Commission. Prior to an action by Town Council or a recommendation by the Planning Commission, a public hearing is required for special use permits.

Town Code 175-136 requires that Special Use Permits meet the following requirements: (i) is not detrimental to the overall health, safety, and general welfare of the public, (ii) does not conflict with the Comprehensive Plan, (iii) is substantially compatible with surrounding land uses, and (iv) complies with laws of the Commonwealth of Virginia.”

The Planning Commission originally reviewed the UPS SUP during their November 28, 2019 Planning Commission meeting, but action was postponed at the request of the applicant. UPS revised their proposal to include a residential style fence as a buffer between the tractor trailer parking area and the residential subdivision to the north and east. During their January 19, 2019 meeting, the Planning Commission voted to NOT recommend approval of this Special Use Permit Application. This decision was reached after consideration of input from the public and the revised plan submitted by UPS. While other concerns were noted, the primary unresolved issue was related to noise, and particularly noise during late night hours.

Council sends UPS parking proposal back to planning commission

On February 13, 2019, prior to the Town Council Work Session following the Planning Commission’s hearing, UPS met with Town Staff and the Mayor and presented major changes to their application. The most significant proposed change included the removal of tractor trucks and trailers from the property.

During the February 19, 2019 Town Council Meeting, Town Council referred the application back to the Planning Commission to provide comments on the change.

The Planning Commission held a public hearing on March 20, 2019. After receiving public input, the Planning Commission discussed the need for a fence after the change that restricts tractor trailers. The Planning Commission did not believe a fence was necessary with the restriction of tractor trucks and trailers. In response to public input, the Applicant offered to not park the delivery trucks adjacent to the residential subdivision, which was agreed upon by the Planning Commission. A motion was unanimously passed that recommended approval of the Special Use Permit with the following nine (9) conditions:

1. This special use permit is only valid for the purpose of authorizing a commercial parking lot in the rear of 470 S Commerce Avenue.

2. Town Council, or other designated representative, may inspect the property at any reasonable time to ensure compliance with local regulations, including, but not limited to, the conditions  Placed on this special use permit.

3. Upon inspection of the property, if it is found that the property is not in compliance with local regulations, including but not limited to, the conditions of this special use permit, the Town may revoke this special use permit after notice to the applicant and public hearing.

NOTE: Conditions 1-3 are typical conditions used for most Special Use Permit Applications.

4. Tractor trucks, also referred to as semi-trailer trucks, and their trailers/semitrailers, shall be prohibited on the parking lot, except when loading or unloading for short periods of time in association with the uses within the building of 470 S Commerce Avenue.

NOTE: The exception noted in the last part of condition #4 does not apply to the applicant’s proposed use. It only applies to existing uses within the business park building (example: Dollar General).

5. Loading or unloading of trucks on the parking lot is prohibited.

6. Inoperative or junk vehicles are prohibited.

7. The parking area shall be maintained in good condition at all times and each parking space shall be striped in accordance with Town Code specifications.

8. A travel lane shall be maintained through the parking lot at all times.

9. Delivery trucks shall be restricted from parking in the parking spaces that abut the storm drain ditch. These are the spaces closest to the homes within Beau Ridge Subdivision, located east of the proposed UPS parking lot.