UPS want to expand parking – needs special use permit

At the Front Royal Town Council Work Session on April 15, 2019, Vice Mayor Bill Sealock started the meeting with the announcement the Mayor Hollis Tharpe has taken a “leave of absence” while he deals with legal issues. He will not receive pay while on voluntary leave.

Also Town Manager Joe Waltz announces the “almost” completion of the new Police Department building. Moving operations to the new building will start the week of April 27th.

The first item on the agenda is the application from UPS to establish a commercial parking lot for overflow parking for the UPS Distribution Center at 912 John Marshall Highway. The area is located in the rear parking area of 470 S. Commerce Ave, situated to the northwest of the existing UPS Distribution Center, behind the existing business park, and to the west of the end of Portsmouth Road.

This application is a request to obtain approval for a commercial parking lot for use by the UPS Distribution Center as an overflow parking lot. Commercial parking lots require a Special Use Permit (SUP) in the C-1 Zoning District. Note: A use is a commercial parking lot when the parking is a stand-alone use, in comparison to accessory parking for permitted uses on the same lot.

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 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.

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.

Council agreed to place on the agenda at the next Council meeting on April 22nd.

Royal Examiner’s camera was there at the work session. Watch the discussion: