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Home My WebLink About08-02 BOS Staff ReportPC REVIEW: 04/03/02 BOS REVIEW: 04/22/02 CONDITIONAL USE PERMIT #08-02 KIM A. NAIL ( NAIL'S ARCHERY SHOP) Expansion of CUP #001-92 - Retail Archery Sales to Include Outdoor Archery Range LOCATION: This property is located at 307 Whitetail Lane. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 19 -A -27A PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use: Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land Use: Residential and Vacant PROPOSED USE: Expansion of CUP #001-92 (Retail Archery Sales) to include an Outdoor Archery Range. REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for a conditional use permit for this property appears to have measurable impact on Route 522, the VDOT facility which would provide access to the property. Prior to operation of the business, a commercial entrance must be constructed to our minimum standards to allow for safe egress and ingress of the property. Any work performed on the State's right-of-way must be covered under a land use permit. The permit is issued by this office and requires an inspection fee and surety bond coverage. Health Department: Health Department has no objection to request. Archery Shop has restroom facility for use of shooters. CUP #07-02, Nail's Archery Shop Page 2 April 17, 2002 Fire Marshal: A 14.5 -foot vertical clearance must be maintained over the width of the roadway for emergency vehicle access per NFPA 299. Plan approval is recommended. Planning and Zoning: The Frederick County Zoning Ordinance allows for outdoor recreation facilities in the Rural Areas (RA) zoning district with an approved conditional use permit (CUP). The applicant currently has an approved CUP for a retail shop selling archery equipment and an off -premises business sign. The approval letter for that CUP follows this staff report. The sales shop is located in an accessory building adjacent to the applicant's residence. The applicant is proposing to revise the previously approved CUP to include an outdoor shooting course. The property is located approximately 1/4 mile off Route 522 North on White Tail Lane. The proposed archery course would be located on wooded portions of the 20 -acre property. The applicant has designed the course with safety in mind. To prevent arrows from straying, targets are surrounded by trees and are set up to ensure that users of the course are not shooting towards White Tail Lane or towards houses. The applicant prohibits the use of sharp pointed arrows on the course and only allows the use of field -point arrows which have blunt ends. No new structure would be built in association with the archery course. The applicant proposes to have the course open one day a week, usually Sundays. There were no disapproving agency review comments. Staff feels the proposed use would not adversely affect adjoining properties and it would be appropriate to approve this application for an outdoor archery range. STAFF CONCLUSIONS FOR THE 4-3-02 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, staff would recommend the following conditions: All review agency comments shall be complied with at all times. 2. No parking shall be allowed on White Tail Lane. The off -premises business sign must be maintained in accordance with the requirements of the Frederick County Zoning Ordinance and the Virginia Department of Transportation. 4. Any expansion or change of use will require a new Conditional Use Permit (CUP) CUP #07-02, Nail's Archery Shop Page 3 Apr;l 17, 2002 PLANNING COMMISSION SUMMARY & ACTION OF 04/03/02 MEETING: Planning Commissioners discussed the issue of VDOT's requirement for a commercial entrance at Whitetail Lane and Rt. 522. It was noted that Mr. Nail's property had no road frontage on Rt. 522 and research of the subdivision indicated there was a 60' right-of-way (Whitetail Lane) starting at an intersection point with Rt. 522 and traversing through the various properties to serve the individual residential lots within Mr. Nail's subdivision. Upon consultation with VDOT, the Planning Staff learned that VDOT's intention was not to have Mr. Nail install a commercial entrance off Whitetail Lane into his property, but to upgrade the existing intersection point with Whitetail Lane and Rt. 522. The Planning Staff was concerned because this was not a dedicated right-of-way to any county or state agency and, before Mr. Nail could improve the intersection point, he would need concurrence from each and every lot owner who owns property off of this 60' right-of-way. The Planning Staff noted that VDOT understood the constraints; however, they wanted to go on record that this intersection point is potentially a substandard issue and they want to insure the safety of the traveling public. Commissioners consulted with their legal counsel concerning any possible liability issues, if improvements were not made on Rt. 522 at Whitetail Lane and an accident occurred. Counsel believed no liability issue would result; Counsel advised that the Commission has considered VDOT's comment and will make a determination based on the comment's appropriateness in this particular circumstance. Commission members questioned the equitability of requiring only one property owner to upgrade the entrance, particularly when only 30-40 vehicle trips per week were anticipated, and because it was an off-site improvement. It was also pointed out that Mr. Nail currently has an approved conditional use permit to operate his retail shop. The Planning Commission unanimously recommended approval of the expansion of conditional use permit to include the outdoor archery range with the following conditions (modifying Condition #1): 1. The Fire Marshal's comment shall be complied with at all times. 2. No parking shall be allowed on White Tail Lane. 3. The off -premises business sign must be maintained in accordance with the requirements of the Frederick County Zoning Ordinance and the Virginia Department of Transportation. 4. Any expansion or change of use will require a new Conditional Use Permit (CUP)