HomeMy WebLinkAbout03-25 PC Staff Report CONDITIONAL USE PERMIT #03-25
Famili Ventures, LLC., (Ehsan Yousefie)
Slaughterhouse, Farm Market, and Special Events Facility
Staff Report for the Planning Commission
Prepared: March 26, 2025
Staff Contact: Amy Feltner, Planner
Executive Summary:
Meeting Schedule
Planning Commission: April 2, 2025 Action: Pending
Board of Supervisors: April 23, 2025 Action: Pending
Property Information
Property Identification Number (PIN) 74-A-67
Address 686 Shady Elm Road
Magisterial District Back Creek
Acreage +/- 45.96 acres
Zoning & Present Land Use Zoning: RA (Rural Areas)
Land Use: Agricultural/Residential
Adjoining Property Zoning & Present Land Use
North: RA (Rural Areas) District Land Use: Residential & Agricultural
South: RA (Rural Areas) District Land Use: Residential & Agricultural
East: RA (Rural Areas) District Land Use: Vacant & Light Industrial
West : RA (Rural Areas) District Land Use: Residential & Agricultural
Proposed Use
This is a request to establish a slaughterhouse, farm market and special event facility on an
existing farm.
Review Agency Comments:
Review Agency
Comment Date Comment Summary
Virginia Department of
Transportation (VDOT)
December 11, 2024 “The existing entrance does not meet the
minimum requirements for an
Agritourism Entrance. A turn lane
warrant analysis will need to be
conducted based on the amount of added
traffic with this CUP. If deemed
warranted by the analysis, a turn lane
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and/or taper shall be installed with the
construction of a VDOT approved
Agritourism Entrance [50’ radii &
minimum 30 feet per §3.2-6400 of the
Code of Virginia]. The entrance site plan
would need to contain (1) entrance
dimensions, (2) entrance profile, (3)
culvert profile, (4) sight distance triangle,
(5) typical sections, (6) grading plan,
including positive drainage, and (7) show
roadway dedication”
Frederick-Winchester
Health Department
February 25, 2025 “No objection to the Butcher Shop and
Market since the employee bathrooms
were approved by a Professional
Engineer for 2 employees/7 days a week.
Portable toilets can be utilized for special
events but are required to be removed
after each event. There are no bathrooms
approved for visitors/customers/other
workers on the property. Virginia Dept
of Consumer Services may need to be
contacted to approve the market. (USDA
approved for resale)”
Frederick County (FC)
Public Works
December 6, 2024 “No comments at this time.”
FC Inspections November 25, 2024 “The General Market and the Butcher
Shop are exempt per Farm exception that
is in place. The Event Center and the
associated temporary tents, deck,
platform will need to comply with the
Virginia Building Construction Code and
ICC A117.1-2017 for accessibility.”
FC Fire Marshal November 20, 2024 “Charcoal grills shall not be placed
within 10 feet of any structure or
combustible materials. A non-
combustible storage container with
secure lid and scoop shall be provided at
each grill for the disposal of all ashes
when unattended. Portable Fire
Extinguishers shall be required in
commercial buildings, a minimum of one
5# ABC. Recommend at least one fire
extinguisher to be in close proximity and
accessible to grilling areas as well. Any
and all future development shall comply
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with the Frederick County Fire
Prevention Code as applicable.”
Frederick Water November 20, 2024 “No comment at this time.”
Planning & Zoning:
Application Proposal:
The 45.96 +/- acre parcel is currently used for agriculture and farming. There is an existing,
approved Conditional Use Permit (CUP) for a bed and breakfast (CUP #03-01) located at 688
Shady Elm Road, an approved site plan for a telecommunications tower (SP #71-06 & SP #11-07)
located at 121 Soldiers Rest Lane, and an approved Short-Term Lodging (STL) Permit located at
686 Shady Elm Road. The applicant proposes utilizing existing structures on the property for the
slaughterhouse operation, the butcher shop, and the proposed farm market. The proposed special
event facility will use a newly constructed pad with a deck for temporary tents, when needed, for
the events.
Slaughterhouse.
The slaughtering of animals and butchering operations will be held inside the existing 1,008 square
feet building and will be accessed by employees only. The butcher shop is located approximately
600 feet from Shady Elm Road, 421 feet from the Hedgebrook Hills Subdivision to the south, 633
feet from Soldiers Rest Lane to the north, and 997 feet from the west of the property (Long Creek
Farm Agricultural & Forestal District). A contract will be signed for the rendering of the carcasses
through Darling Ingredients, formally Valley Proteins. Animal supplies will be kept within the
existing animal barn.
The slaughterhouse/butcher shop will not open to the public and will have one employee for the
operational hours of 10 a.m. to 6 p.m., Wednesday through Sunday. A future addition of a walk-
in-cooler is proposed for the slaughterhouse. Operations of the slaughterhouse and packaging of
the meat are regulated, and requires approval, through the United States Department of Agriculture
(USDA) which is initiated by the Virginia Department of Agricultural and Consumer Services
(VDACS).
Farm Market
The farm market will operate within an existing 1,050 square foot freestanding building. The
market will be open to the public from 10 a.m. to 6 p.m., Tuesday through Sunday. The applicant
anticipates 40-60 customers per day. The market will provide fresh meats and wholesale items
such as rice, beans, spices, and milk. Additional items such as canned goods, items for the
barbeque, and locally handcrafted crafts/jewelry are also proposed. One employee is proposed for
the market in addition to the employee for the slaughterhouse.
An approved restroom facility for the two employees only is provided in the market. The resale
of meat products is regulated through the Virginia Department of Agricultural Services (see
Virginia Department of Health comments).
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Picnic and Barbecue Grill area
The applicant proposes a picnic area with six picnic tables equipped with their own park-style
barbeque grill for family outings or birthday parties. There are two proposed areas for the charcoal
grill and picnic area. The applicant will begin with six picnic table and grill areas but will expand
to a total of 30. Shades or canopies will be available for the guests’ comfort if needed. Guests
will be responsible for providing their own cooking materials and preparing the food(s) on the grill
independently.
Special Events Facility
The special event facility will operate year-round, seven days a week, from 7 a.m. until 10 p.m.
with a maximum capacity of 150 guests. The event area is located between the existing approved
bed and breakfast and the short-term lodging facilities. The two residential facilities are
independent from the special events center. Special events, as defined, are prohibited in
associations with short-term lodging use (§165-204-35). The short-term lodging facility would
not be rented during the special events; however, the existing bed and breakfast would be available
at an additional cost for the special event lessees.
The closest dwelling, located off Soldiers Rest Lane, is located approximately 350-400 feet to the
west of the proposed event center location. The pad area, adjacent to the proposed 50 ft. x 60 ft.
deck, will be for the setting up of temporary tents measuring 60 ft. x 100 ft. The tents will be
placed by a local company and removed after each event. Food will be catered from an outside
catering company. Music provided in association with the event center will end no later at 10 p.m.
Portable restroom facilities shall be provided for the event center and be screened from view, as
required by the Zoning Ordinance.
Parking
Parking is provided separately for the market and the event center. There are 30 parking spaces
proposed for the market area, petting area, and pick your own area. Fifty-two spaces are being
proposed for the event center that are shared with the Bed and Breakfast lodging facility and
picnic area. The short-term lodging has private parking for two vehicles.
Staff Analysis:
§165-103.02 of the Zoning Ordinance on standards for Conditional Use Permits states that the
Planning Commission and Board shall consider the following standards when considering
Conditional Use Permits:
A. The conditional use shall not tend to change the character and established pattern of
development of the area of the proposed use.
• The Rural Area (RA) zoning district is intended to preserve large, open parcels of land,
scenic views, and to preserve prime agricultural and locally significant soils. The parcel
contains 46+/- acres of agricultural land and is surrounded on the north, south and west by
other RA zoned parcels. An 88.91 +/- acre parcel directly across from the farm is zoned
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M-1 (Light Industrial District). The special events facility, a farm market, and a
slaughterhouse are each permitted with a conditional use permit in the Rural Area (RA)
zoning district.
B. The conditional use shall be in harmony with and shall not adversely affect the use and
enjoyment of surrounding properties.
• Agritourism activities are activities carried out on a farm that allow members of the general
public, for recreational, entertainment, or educational purposes, to view or enjoy rural
activities. Agritourism is a by-right use in the RA zoning district and includes farming and
harvesting your own activities. These activities are an agritourism activity whether or not
the participants paid to participate in the activity.
• A CUP is required for the operation of the slaughterhouse, farm market, and special event
center. The proposed CUPs may not adversely affect the use and enjoyment of surrounding
properties should all conditions be followed to mitigate impacts such as noise and traffic
volume.
C. The conditional use shall be in accord with the policies expressed in the Comprehensive Plan
of the County and with the intent of this chapter.
• The property is located west of the Shady Elm Economic Development Plan Area in the
Kernstown area. The Comprehensive Plan identifies this area to remain rural in nature.
One goal in the Rural Area section of the Comprehensive Plan is that the “County should
continue to support and encourage new land used in the rural area.”. Other land uses, in
addition to agricultural uses, may allow property owners to keep properties intact rather
than subdividing. The proposed use is generally consistent with the Comprehensive Plan.
D. The conditional use shall not adversely affect the natural character and environment of the
County.
• The use proposed does not adversely affect the nature character. If the operation is operated
as proposed and the conditions listed in specific use section are followed, the operation
should not adversely affect the environmental surroundings.
E. The conditional use permit shall be approved only if adequate facilities, roads, safe access and
drainage are provided.
• Per the recommended conditions of approval, the applicant would be required to submit a
site plan. The site plan will address the entrance requirements and the vehicular access to
the facility. The site plan shall be reviewed and approved by the Virginia Department of
Transportation (VDOT) and the Frederick County Fire Marshal’s office for entrance design
and apparatus access. The event center pad and deck will also be reviewed at the site plan
stage. Temporary tents require separate permitting and inspection through the Building
Inspection Department and the Fire Marshals Office. Public Works will also review the
site plan. No other disturbance to the property is proposed.
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• The Virginia Health Department approved the private septic system for the two employees
and limited the portable restrooms for the special event centers, which are to be removed
after each use, however, there are no other restroom facilities on site for use of a public
restroom as it relates to the market and visitors of the farm.
F. The conditional use shall conform with all applicable regulations of the district in which it is
located.
• The Zoning Ordinance defines a special event facility as “a facility or site utilized for
events that are typically conducted on a single day, but which may be conducted for up to
three consecutive days, for which attendance is permitted only by invitation or reservation;
special events include, but are not limited to, meetings, conferences, banquets, dinners,
weddings and private parties” (§165-101-02). The proposed use meets the definition of a
special events facility.
• Special event facilities are permitted in the RA zoning district with an approved conditional
use permit. Additional regulations are included for special event facilities in §165-204.30.
All travel aisles shall be graveled, and portable toilet facilities shall be permitted providing
that they are screened from all adjoining properties and roads. The portable toilet location
and screening, the parking area, drive aisles, and entrance shall be shown on the site plan.
• Slaughterhouses are permitted in the RA zoning district with an approved conditional use
permit. Additional regulations are included for slaughterhouses in §165-204.17 and require
the facility to be maintained and operated in a clean and sanitary manner. All buildings,
animal unloading/staging areas, and animal pens shall be a minimum of 100 feet from any
property line. No new structures are being proposed in relation to the slaughterhouse. The
existing facility is more than 100 feet from the adjoining property lines and the area does
not exceed 20,000 square feet. Additional regulations require the operations to be under
roof, and that doors, windows, and other openings be screened with a fourteen-gauge mesh.
The current buffering and screening appear to be sufficient. Virginia Agriculture and
Consumer Services regulates meat processing and preparation, as well as any additional
waste disposals.
• Farm markets (off-premises) are permitted in the RA zoning district with an approved CUP.
The market will be regulated with the slaughterhouse under the Virginia Department of
Agriculture and Consumer Services. Additional regulations of the zoning ordinance
require parking and customer access to the facility. Parking has been provided and will
also be reviewed at the site plan submittal stage once the CUP is approved.
• The bed and breakfast is an existing operation approved by a previous CUP. The applicant
is in the process of obtaining the license and approval through the Virginia Department of
Health for the operation of the bed and breakfast (annual inspection & approval). The short-
term lodging is also an approved business facility. Short-term lodging is prohibited from
being in association with the special events facility.
Recommendation:
Should the Planning Commission find the use to be appropriate, staff would suggest the following
conditions for the CUP:
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1. All review agency comments and requirements shall be complied with at all times.
2. A site plan shall be submitted to and approved by Frederick County prior to the
establishment of the uses. The site plan shall meet the requirements of the Frederick County
Zoning Ordinance including the additional regulations for special event facilities contained
in §165-204.30, slaughterhouses contained in §165-204.17, emergency access contained in
§165-204.03 and requires an approved commercial entrance from the Virginia Department
of Transportation (VDOT).
3. The slaughterhouse and farm market operations are limited to two employees’ total.
4. Hours of operation for the slaughterhouse is 10 a.m. – 6 p.m. Wednesday through Sunday.
5. Hours of operation for the farm market is 10 a.m. – 6 p.m. Tuesday through Sunday with a
maximum of 40-60 customers daily.
6. Hours of operation of the special event center is 7 a.m. – 10 p.m. daily, with a maximum
of 150 attendees.
7. Portable restroom facilities shall be provided for guests during special events and removed
thereafter.
8. The public picnic area is seasonal from May 1st to October 31st, annually. Temporary
(portable) restroom facilities shall be provided for use by the customer and removed after
each season. The location of the restroom facilities shall be clearly identified on the site
plan.
9. Slaughterhouse and associated processing operations shall be approved by the Virginia
Department of Agricultural Services/Meat and Poultry Division. An approval letter shall
be provided to the County prior to the approval of the site plan.
10. Amplified outdoor music shall conclude by 10:00 PM.
11. Public access to the property is restricted to one (1) commercial entrance from Shady Elm
Road. Use of Soldiers Rest Lane for commercial access is prohibited.
12. Any expansion or change of the uses shall require a new CUP.
Following a public hearing, staff is seeking a recommendation from the Planning
Commission to forward to the Board of Supervisors on this CUP application.
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