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HomeMy WebLinkAbout06-21 BOS Staff ReportCONDITIONAL USE PERMIT #06-21 Kelrock, LLC-Sawmill/Planing Mill (Type B) Staff Report for the Board of Supervisors Prepared: September 1, 2021 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 08/18/21 Recommended Approval Board of Supervisors: 09/08/21 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) to establish a Sawmill/Planing Mill (Type B) at 161 Woodchuck Lane, Winchester, in the Back Creek Magisterial District. The subject property is zoned RA (Rural Areas) Zoning District. Should the Board of Supervisors find this use to be appropriate, the Planning Commission recommended the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. An illustrative sketch plan shall be submitted to and approved by Frederick County and all improvements completed prior to the establishment of the use. 3. All milling operations shall occur within the existing enclosed structure on the property, and all outdoor storage shall be screened. 4. All deliveries via tractor trailer shall occur solely from Round Hill Road through PIN 52-A- 267; no tractor trailer deliveries shall occur via Woodchuck Lane. 5. One non-illuminated freestanding monument business sign shall be allowed with this Conditional Use Permit. Signage shall not exceed twenty (20) square feet in area and ten (10) feet in height. 6. Hours of operation shall be limited to 7 a.m. to 6 p.m., six (6) days a week and no Sunday operation. 7. No more than six (6) employees shall be permitted with this use. 8. Conditional Use Permit #19-04 shall be void upon approval of this Conditional Use Permit. 9. Any expansion or change of use shall require a new Conditional Use Permit. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Page 2 CUP #06-21, Kelrock, LLC September 1, 2021 LOCATION: The subject property is located at 161 Woodchuck Lane, Winchester. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 52-A-262B PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Public Garage (CUP#19-04) ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Sawmill West: RA (Rural Areas) Use: Residential PROPOSED USE: This is a request for a Conditional Use Permit (CUP) to allow for a Sawmill/Planing Mill (Type B). REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property (161 Woodchuck Lane) appears to have little measurable impact on Route 654 (Woodchuck Lane), the VDOT facility providing access to the property. Existing entrance, on Route 654 appears adequate for the proposed CUP. Should the use ever expand in the future, the entrance will need to be reviewed, to determine if additional improvement may be required. Please see the Lloyd Ingram, VDOT, comment sheet dated July 9, 2021. On August 18, 2021 an updated comment was provided by VDOT stating that access via Round Hill Road for trucks accessing parcel 52-A-262B is acceptable. Winchester-Frederick County Health Department: This office has no objections to this CUP for the proposed uses stated on this request for comments. Please see the Jim Davis, Environmental Health Supervisor, letter dated May 19, 2021. Frederick County Fire Marshall: Approved Frederick County Inspections: CUP for lumber storage and milling. Building shall comply with The 2015 Virginia Existing Building Code Section for change of use and the Virginia Building Code 2015/International Fire Code 2015 for wood working facilities. Other codes that apply are ICC/ANSI A117.1-2009 Accessible and Usable Building and Facilities and the Virginia Mechanical Code 2015. A building permit is required. Hazardous materials shall not exceed those allowed in T307.1.1 to Page 3 CUP #06-21, Kelrock, LLC September 1, 2021 prevent occupancy classification from changing to the H-Hazardous Use Group. Grinding and milling of dust and/or dust particles shall meet the requirements of International Fire Code. Control areas shall be detailed on the building plans if utilized. Ventilation shall be evaluated for wood working operations. 20% ANSI Rule applies. Please note the requirements in Chapter 17 of VBC for special inspection requirements on the type of structure (Soils, concrete etc.) Geotech report is required. Please see the Mark Fleet, Building Official, comment sheet dated July 8, 2021. Planning and Zoning: This proposed Conditional Use Permit (CUP) is for a Sawmill/Planing Mill (Type B). The Frederick County Zoning Ordinance allows Sawmill/Planing Mills (Type B) as a conditional use in the RA (Rural Areas) Zoning District with an approved CUP. A “Sawmill/Planing Mill (Type B)” is defined as: A mill for sawing or processing of standing trees or their wood or timber. This proposed use will take place on a two-acre parcel located on the eastern side of Woodchuck Lane. The subject property is surrounded by other RA (Rural Areas) zoned property, which includes residential uses to the north and west and the existing McFarland’s Mill to the east. This CUP is intended enable the expansion of the McFarland’s Mill. The property contains one existing 9,100sf structure, all milling activities are proposed to be conducted within this structure. The subject property currently has an approved Conditional Use Permit (CUP#19-04) for the operation of a public garage; should this application be approved, CUP #19-04 will be void. The Comprehensive Plan The 2035 Comprehensive Plan is a guide for making decisions regarding land use actions. This site is located within the limits of the Round Hill Rural Community Center as depicted in the Round Hill Community Land Use Plan. The development pattern established within the core of the Round Hill Rural Community Center consist of small lot residential uses along Round Hill Road, Poorhouse Road and Woodchuck Lane. The land use plan encourages the continuation of this residential pattern. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 08/18/21 MEETING: Mark R. Cheran, Zoning & Subdivision Administrator, reported this is a request for a Conditional Use Permit (CUP) to establish a Sawmill/Planing Mill (Type B) on a two-acre parcel located at 161 Woodchuck Lane, Winchester, in the Back Creek Magisterial District. He noted, a “Sawmill/Planing Mill (Type B) is defined as: A mill for sawing or processing of standing trees or their wood or timber. Mr. Cheran shared a locations map of the property. He continued, Page 4 CUP #06-21, Kelrock, LLC September 1, 2021 the subject property is zoned RA and is surrounded by other RA zoned property, which includes residential uses to the north and west and the existing McFarland’s Mill to the east. He noted, McFarland’s Mill has been in business since 1948. Mr. Cheran explained, the property contains one existing 9,100 sf structure and all milling activities are proposed to be conducted within the structure. He continued, the property currently has an approved Conditional Use Permit (CUP #19-04) for the operation of a public garage; should this application be approved, CUP #19-04 will be void. Mr. Cheran explained, this site is located within the limits of the Round Hill Rural Community Center as depicted in the Round Hill Community Land Use Plan. The development pattern established within the core of the Round Hill Rural Community Center consist of small lot residential uses along Round Hill Road, Poorhouse Road, and Woodchuck Lane; the land use plan encourages the continuation of this residential pattern. Mr. Cheran presented the conditions for this CUP as recommended by Staff; he noted, updated conditions have been provided to each Member: 1. All review agency comments and requirements shall be complied with at all times. 2. An illustrative sketch plan shall be submitted to and approved by Frederick County and all improvements completed prior to the establishment of the use. 3. All milling operations shall occur within the existing enclosed structure on the property, and all outdoor storage shall be screened. 4. All deliveries via tractor trailer shall occur solely from Round Hill Road through PIN 52-A-267; no tractor trailer deliveries shall occur via Woodchuck Lane. 5. One non-illuminated freestanding monument business sign shall be allowed with this Conditional Use Permit. Signage shall not exceed twenty (20) square feet in area and ten (10) feet in height. 6. Hours of operation shall be limited to 7 a.m. to 6 p.m., seven (7) days a week. 7. No more than six (6) employees shall be permitted with this use. 8. Conditional Use Permit #19-04 shall be void upon approval of this Conditional Use Permit. 9. Any expansion or change of use shall require a new Conditional Use Permit. Commissioner Thomas inquired, with the changes in condition #3 and #4, will we be voting on the revised conditions and does that need to be indicated in the motion. Mr. Cheran stated that would be appropriate. Commissioner Brumback asked if the signage would be on Woodchuck Lane. Mr. Cheran noted, yes that is correct. Commissioner Brumback inquired if sanding and planing is being done in another structure at this time. Mrs. Stephanie See, attending with the Applicant stated that is correct. Commissioner Jewell commented in regards to the hours of operation, looking at the additional comments it specifically lists the hours as Monday, Tuesday, Wednesday, and Friday 7 a.m. to 4 p.m., Thursday 7 a.m. to 6 p.m. and Saturday 8 a.m. to 1 p.m. and closed for major holidays; why aren’t we limiting this CUP to the six days a week, because if approved as is they could be open on Sundays, and he doesn’t feel that is appropriate. Mr. Cheran stated they are currently operating at those hours however the Planning Commission can Page 5 CUP #06-21, Kelrock, LLC September 1, 2021 make a change to that condition. Chairman Kenney asked if they will be allowed retail sales in this building. Mr. Cheran explained, they have a very small retail part of this. He noted, they are basically moving the planing mill to this site. Commissioner Manuel asked if there will be mulch operations at this site. Mr. Cheran stated no, the mulch operations are on the McFarland’s Mill parcel. Commissioner Mohn asked if there have been any issues with traffic brought forth with the event facility that was approved located a short distance down Woodchuck Lane. Mr. Cheran stated there have been no issues brought forth for the facility. Mr. Rocky Keplinger, the applicant, and Mrs. Stephanie See, who is purchasing the land and is the owner of McFarland’s Mill came forward. Mr. Keplinger explained, there is nothing that will really be changing, and the traffic should be a little less than what his business generated. He noted, McFarland’s Mill is looking to expand, and this is an opportunity for this to happen and to keep the properties together. Mrs. See commented the mulch operation is on the McFarland’s Mill property. She stated, regarding the hours of operation, Monday thru Saturday is what she originally requested. Commissioner Thomas asked if they will be having a drying kiln on the property. Mrs. See stated no they would not. Commissioner Morrison commented he would prefer that there be no Sunday hours due to noise concerns. Mrs. See agreed to no Sunday hours. Commissioner Jewell requested clarification on what hours are needed. Mrs. See commented she would like the hours to be Monday thru Saturday 7 a.m. to 6 p.m. Chairman Kenney noted condition #6 states 7 a.m. to 6 p.m. and seven days a week. Mrs. See confirmed she is interested in it just being the six days Monday thru Saturday. Commissioner Brumback commented she feels this will be an excellent use of the location. Upon a motion made by Commissioner Jewell and seconded by Commissioner Brumback with amended Condition #3 that all outdoor storage shall be screened, Condition #4 all deliveries via tractor trailer shall occur solely from Round Hill Road through PIN 52-A-267; no tractor trailer deliveries shall occur via Woodchuck Lane, and #6 with the hours of operation being 7 a.m. to 6 p.m. (6) days a week and no Sunday operations. BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of CUP #06-21 for Kelrock, LLC submitted to allow for a Sawmill/Planing Mill (type B). The subject property is located at 161 Woodchuck Lane with Property Identification Number 52-A-262B in the Back Creek Magisterial District. (Note: Commissioner Oates and Commissioner Triplett were absent from the meeting.) Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors.