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Home My WebLink About101-21 (OrdAmendmentChapter165Zoning(AgriSupplyCooperatives)) 4�GK COt'� w ORDINANCE AMENDMENT 37�t Action: PLANNING COMMISSSION: May 19, 2021 Recommended Approval BOARD OF SUPERVISORS: May 26, 2021/June 9, 2021 Adopted AN ORDINANCE AMENDING THE FREDERICK COUNTY CODE CHAPTER 165 ZONING ARTICLE I GENERAL PROVISIONS; AMENDMENTS; AND CONDITIONAL USE PERMITS PART 101 - GENERAL PROVISIONS §165-101.02 DEFINITIONS AND WORD USAGE ARTICLE 11 SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND REGULATIONS FOR SPECIFIC USES PART 204—ADDITIONAL REGULATIONS FOR SPECIFIC USES ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICT PART 401-RA RURAL AREAS DISTRICT WHEREAS, an ordinance to amend Chapter 165, Zoning to allow Agricultural Supply Cooperatives in the RA (Rural Areas) Zoning District with a Conditional Use Pen-nit (CUP)was considered; and WHEREAS, the proposed changes modify the Zoning Ordinance to include a new definition for Agricultural Supply Cooperatives, supplemental use regulations for Agricultural Supply Cooperatives, and pen-nit Agricultural Supply Cooperatives in the RA (Rural Areas) Zoning District with a Conditional Use Permit; and WHEREAS, the Planning Commission held a public hearing on this ordinance on May 19, 2021 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance on May 26, 2021; and Res 9 10 1-21 WHEREAS, the Frederick County Board of Supervisors finds that th.e adoption of this ordinance to be in the best interest of the public health, safety, welfare and in good zoning practice; and NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 Zoning, is amended to modify ARTICLE I — General Provisions, Amendments and Conditional Use Permits, Part 101 — General Provisions, §165-101.02. Definitions and word usage, ARTICLE 11 Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses, Part 204 Additional Regulations for Specific Uses, ARTICLE IV Agricultural and Residential Districts, Part 401 Rural Areas District §165-401.3 Conditional Uses; to include a new definition for Agricultural Supply Cooperatives, supplemental use regulations for Agricultural Supply Cooperatives, and permit Agricultural Supply Cooperatives in the RA (Rural Areas) Zoning District with a Conditional Use Permit. Passed this 9a' day of June, 2021 by the following recorded vote: Charles S. DeHaven, Jr., Chainnan Aye Blaine P. Dunn Aye Shawn L. Graber Aye Judith McCami-Slaughter Aye David D. Stegznaier Aye Robert W. Wells Aye J. Douglas McCarthy Aye A COPY A Kris C. Tie Frederick County Administrator Res # 10 1-21 COUNTY OF FREDERICK Roderick B. Williams County Attorney ® 5401722-8383 Fax 540/667-0370 E-mail rwillia@fcva.us MEMORANDUM TO: The Honorable Chairman and Members of the Board of Supervisors FROM: Roderick B. Williams, County Attorney DATE: June 4, 2021 RE: Agricultural Supply Cooperatives Conditional Use Permit Ordinance At the Board's last meeting, on May 26,the Board adopted an ordinance to provide for agricultural supply cooperatives as a conditional use in the RA (Rural Areas)Zoning District. In doing so, the Board had an extended discussion regarding fuel sales activities as part of the use and the Board ultimately adopted language revised from what was in the agenda materials. The sense of the Board,as staff understood it, was that the Board did not want a business operating under an agricultural supply cooperative CUP to be able to include general retail fuel sales along the lines of operating a gas station. Toward that end, after discussion of the matter, the Board approved the inclusion of the following language as item C of the supplementary use regulations for the use: "The bulk sale of gasoline, off-road diesel, and other liquid fuels shall not be allowed on the premises,however propane shall be permitted to be sold on the premises." The presentation of that language appears at 1:17:10 of the meeting video.At the time, I advised that that language met the Board's objective of prohibiting general "gas station"retail fuel sales by agricultural supply cooperatives. Upon further consideration of the language,during the process of preparing the document reflecting the Board's action, it became apparent that the language would not necessarily meet the objective that the Board stated. The language would leave open the possibility of non-bulk (i.e., regular retail/gas station)fuel sales.Accordingly,to ensure carrying out the Board's intent, staff has developed proposed corrected language:for item C of the supplementary use regulations and is bringing this item back to the Board for further consideration. The proposed corrected language for item C is: "The on-site sale of gasoline,off-road diesel,and other liquid fuels shall not be permitted on premises, however off-site sale(via delivery) of gasoline,off-road diesel, and other liquid fuels shall be permitted,and propane shall be permitted to be sold on the premises." 107 North Kent Street • Winchester,Virginia 22601 If the Board agrees with the further revised language,the recommendation is that the Board re-adopt the ordinance at its meeting (no further public hearing is necessary, as the change is consistent with the previous Board discussion), specifying the above boldface language as item C of the supplementary use regulations. Copies of the proposed ordinance adoption document and the proposed full text of the ordinance are attached. The new item C language is highlighted in the ordinance attachment. Attachments cc: Planning Department Ordinance Amendment—Agricultural Supply Cooperatives Revised June 4,2021 ARTICLE I General Provisions; Amendments; and Conditional Use Permits Part 101 General Provisions 165-101.02 Definitions and word usage. Agricultural Supply Cooperatives—an agricultural cooperative association, organized under Article 2 of Chapter_3 of Title 13.1 of the Code of Virginia, and that ispPrimarily maned in the retail or wholesale distribution oLlivestock and animal feed,,fertilizers, agricultural chemicals,pesticides, seeds,.and other agricultural products or services ARTICLE 11 Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses Part 204 Additional Regulations for Specific Uses Agricultural Supply Cooperatives located in the RA (Mural Areas) Zoning District shall meet the allowing requirements: A. The sale of agricultural and garden machinery shall only be permitted as an accessory use. B. The=air of agricultural and garden machinery shall be prohibited C. The on-site sale of gasoline, off-road diesel, and other liquid fuels shall not be permitted on premises, however off-site sale(via delivea)of gasoline, off-road diesel, and other liquid fuels shall be permitted and propane shall.be permitted to be sold on the premises. D. A site plan shall be submitted to and approved by Frederick County prior to the establishment o the use. E. B2 General Business Zoninz District standards applY, including but not limited to buildin height, building setbacks,narking setbacks,buffering,screening,and landscaping. ARTICLE IV Agricultural'and Residential Districts Part 401 RA Rural Areas District 165-401.03 Conditional Uses: EE.Agricultural Supply Cooperatives