HomeMy WebLinkAbout04-22 PC Staff ReportCONDITIONAL USE PERMIT #04-22
JUSTIN BOYCE – SLAUGHTERHOUSE
Staff Report for the Planning Commission
Prepared: June 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 Pending
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 the requisite public hearing, it would be appropriate for the Planning Commission
to offer a recommendation concerning this application to the Board of Supervisors
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CUP #04-22, Justin Boyce
June 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
that solid waste disposal off-property from slaughterhouse operations will be managed by Valley
Proteins (or another waste disposal vendor). No onsite 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
driveway or connection to Richards Lane.
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CUP #04-22, Justin Boyce
June 1, 2022
The subject property also includes an existing barn, two (2) agricultural outbuildings (sheds) and
a residence owned 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 maintained 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.
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CUP #04-22, Justin Boyce
June 1, 2022
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, 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. Acc essible
route from parking area/unloading to entrance shall be provided. All required egr ess/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
unloading. 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.
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CUP #04-22, Justin Boyce
June 1, 2022
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.
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.
Following the requisite public hearing, it would be appropriate for the Planning Commission
to offer a recommendation concerning this application to the Board of Supervisors.
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