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HomeMy WebLinkAbout04-22 BOS Staff ReportCONDITIONAL USE PERMIT #04-22 JUSTIN BOYCE – SLAUGHTERHOUSE Staff Report for the Board of Supervisors Prepared: July 1, 2022: M. Tyler Klein, AICP, Senior Planner This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and to 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: 06/15/22 Recommended Approval Board of Supervisors: 07/13/22 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) for Justin Boyce for the establishment of a slaughterhouse (commercial) on +/- 110.89-acres of RA (Rural Areas) zoned property. Should the Planning Commission find this application be appropriate, Staff recommends that the following conditions be attached to the CUP: 1. All review agency comments provided during the review of this application shall be complied with at all times. 2. An engineered minor site plan, in accordance with the requirements of Article VIII of the Frederick County Zoning Ordinance, shall be submitted to and subject to approval by Frederick County prior to the establishment of the use. The site plan shall address additional regulations for specific uses outlined in §165-204.17 of the Frederick County Zoning Ordinance. 3. The on-site commercial sale of meat and poultry is prohibited. 4. Any expansion or modification of this land use will require the approval of a new CUP. 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 #04-22, Justin Boyce July 1, 2022 LOCATION: This property located a half-mile north of Wardensville Grade (Route 608), immediately west of and bounded by Richard Lane (Route 790) at 160 Flickertail Lane, Star Tannery, Virginia. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 69-A-50 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Residential/Agricultural ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Agricultural/Forested/Vacant South: RA (Rural Areas Use: Agricultural/Forested/Vacant Residential East: RA (Rural Areas) Use: Residential/Agricultural/Forested West: RA (Rural Areas) Use: Agricultural/Forested/Vacant PROPOSED USE: This application is to enable the establishment of a 4,800 square foot (SF) slaughterhouse (commercial) on +/- 110.89-acres of property zoned RA (Rural Areas) Zoning District. REVIEW EVALUATIONS: Planning and Zoning Proposal, Site Layout & Access This application proposes a 4,800 square foot (SF; 60-feet (FT) by 80-FT) commercial slaughterhouse facility (structure) on a +/- 110.89-acre farm to process up to 50 animals per week. The Applicant also proposes three (3) 10-FT by 10-FT freestanding freezer units next to the main facility. A preliminary sketch plan has been included with the application. The application notes that the processing of animals will be either animals raised directly on owner’s farm or animals brought to the property by others farm operators. Up to three (3) employees will be involved in the slaughterhouse operations. The Applicant has further stated in their application narrative that solid waste disposal off-property from slaughterhouse operations will be managed by Valley Proteins (or another waste disposal vendor), and that an upgraded septic system on the property had been designed to-be-installed to handle operating waste. Waste (carcasses, etc.) would be stored on-site in cold rooms until it could be transported off-site by Valley Proteins. No on-site sale of meat is proposed. Existing and proposed access to the site is provided from Richard Lane (Route 790) via a private driveway (Flickertail Lane). The application does not propose any improvements to the private Page 3 CUP #04-22, Justin Boyce July 1, 2022 driveway or connection to Richards Lane. The subject property also includes an existing barn, two (2) agricultural outbuildings (sheds) and a residence owned and occupied by the Boyce family. Zoning Ordinance Conformance The Frederick County Zoning Ordinance allows for “slaughterhouses” as a conditional use in the RA (Rural Areas) Zoning District. The Zoning Ordinance prescribes the following additional regulations for specific uses (§165-204.17): A. It shall be unlawful to operate any slaughterhouse, abattoir, rendering plant or establishment where animals or fowl, dead or alive, are processed or where food or feed is manufactured or processed, unless such place or establishment is maint ained and operated in a clean and sanitary manner at all times. B. Such establishments shall be so constructed and maintained as to effectively control the entrance of insects and rodents. The doors, windows and other openings thereof shall be fitted with screen doors and wire window screens of not coarser than fourteen-gauge mesh. C. The word "slaughterhouse," as used in this section, shall not be construed to prohibit persons who are actually farmers from killing their own cattle, sheep, swine, goats and fowl for their own family use. D. All buildings, animal unloading/staging areas, and animal pens shall be a minimum of 100 feet from all property lines. E. Total building(s) square footage should not exceed 20,000 square feet (SF). F. All operations must be under roof and screened from view from adjoining properties and public streets. G. Additional buffering and screening may be required as specified the Zoning Administrator. The Conditional Use Permit request (and preliminary sketch plan) generally meets the above requirements. A site plan submission (Condition #2) will also be required if the CUP is approved. Comprehensive Plan Conformance The Comprehensive Plan of Frederick County (“Comprehensive Plan”) is a guide for making decisions regarding land use actions. The subject property is not part of any area plan. The planned land use for the subject property is identified as “rural” and the proposed conditional use “slaughterhouse” is consistent with the current and future land use designation. Virginia Department of Transportation: We have completed our review of the request with the following comment. The exhibit identifies that access to the property will be via Flickertail Lane, Page 4 CUP #04-22, Justin Boyce July 1, 2022 which is a private road. As such, VDOT has no additional comments. Please see the attached letter from Virginia Department of Transportation dated October 8, 2021. Winchester-Frederick County Health Department: No objections provided the facility is served by an approved onsite sewage system and the facility is USDA inspected and approved. Please see the attached letter from Winchester-Frederick County Health Department dated September 27, 2021. Frederick County Fire and Rescue: Approved. Frederick County Inspections: Building shall comply with the 2018 Virginia Construction Code, 2018 Virginia Mechanical Code, 2018 Virginia and ANSI A117.1-2009 Accessible and Usable Building and Facilities. Other code (2) that may apply if the building is conditioned is the Virginia Energy Code 2018. A building permit is required for the proposed F-1 Factory building. Facility shall meet the height and area as required under Chapter 5 of the Virginia Building Code with applicable increases. A site plan shall be provided. Accessible parking shall be provided at new facility. Accessible route from parking area/unloading to entrance shall be provided. All required egress/exits shall be Accessible per ANSI A117.1-09. Walking surface shall meet ANSI A117.1-09 for surface gaps/edges. Maximum slope of accessible route and walkway is 5%. Maximum slope of parking and unloading is 2%. Handicap Van Parking is required. Minimum width for parking and unloa ding. Accessible parking signage for van shall include $500 fine. See USBC Section 1106.8 for Van accessible signage. Mechanical air change shall be provided as required per Virginia Mechanical Code. Public restroom facilities shall be provided in the new facility. An Approved private water/sewage system shall be installed and shall be approved by the Virginia Department of Health. Plumbing shall meet all the requirements of the Virginia Plumbing Code. Meat Processing facility shall be approved by the Virginia Department of Agriculture, Meat and Poultry Division. Please note the requirements in Chapter 17 of Virginia Building Code for special inspection requirements on the type of structure (Soils, concrete, etc.) Compaction/soil bearing/soil testing shall be required for placement of new store. Please see the attached letter from Mark Fleet, Building Official dated October 15, 2021. Page 5 CUP #04-22, Justin Boyce July 1, 2022 STAFF CONCLUSIONS FOR THE 06/15/22 PLANNING COMMISSION MEETING: This is a request for a Conditional Use Permit (CUP) for Justin Boyce for the establishment of a slaughterhouse on +/- 110.89-acres of RA (Rural Areas) zoned property. Should the Planning Commission find this application be appropriate, Staff recommends that the following conditions be attached to the CUP: 1. All review agency comments provided during the review of this application shall be complied with at all times. 2. An engineered minor site plan, in accordance with the requirements of Article VIII of the Frederick County Zoning Ordinance, shall be submitted to and subject to approval by Frederick County prior to the establishment of the use. The site plan shall address additional regulations for specific uses outlined in §165-204.17 of the Frederick County Zoning Ordinance. 3. The on-site commercial sale of meat and poultry is prohibited. 4. Any expansion or modification of this land use will require the approval of a new CUP. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 06/15/22 MEETING: The Planning Commission held a public hearing on the proposed CUP request on June 15, 2022. The primary discussion among the Planning Commissioners was if Richard Lane (Route 790) had adequate width to accommodate slaughterhouse operations (large trucks and trailers), how waste disposal would be handled, and the need for such a facility to accommodate farmers in the community. The applicant, Mr. Boyce, stated that Richard Lane, and the private driveway (Fl ickertail Lane), while narrow in sections, was sufficient his farm equipment and transportation needs. One (1) citizen spoke in support of the CUP request, noting the need for a slaughterhouse facility. The Planning Commission unanimously voted to recommended approval of the CUP application and send the item forward to the Board of Supervisors. 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.