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HomeMy WebLinkAbout07-19 PC Staff ReportCONDITIONAL USE PERMIT #07-19 Middletown Firearms (Travis Dodson) – Commercial Shooting Range, Outdoors Staff Report for the Planning Commission Prepared: October 8, 2019 Staff Contact: M. Tyler Klein, AICP, Senior Planner 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: 10/16/19 Pending Board of Supervisors: 11/13/19 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) for a commercial outdoor shooting range in the RA (Rural Areas) Zoning District. Should the Planning Commission find this application to be appropriate, Staff recommends that the following conditions be attached to the CUP: 1. All review agency comments shall be complied with at all times. 2. An engineered site plan, in accordance with the requirements of Article VIII of the Fredrick 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 §165-204.15 of the Frederick County Zoning Ordinance. 3. The hours of operation for shooting range activities shall be limited to: a. Monday through Saturday – 10 a.m. to 7 p.m. b. Sunday – 1 p.m. to 6 p.m. 4. Shooting activities shall be supervised by qualified personnel at all times. 5. One (1) monument style sign with a maximum sign area not to exceed 50 square feet (SF) and not to exceed 10 feet (FT) in height is permitted. 6. Any expansion or modification of this use will require the approval of a new CUP. Following this public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. Page 2 CUP #07-19, Middletown Firearms – Commercial Shooting Range, Outdoors October 8, 2019 LOCATION: The subject property is 6519 Valley Pike (Route 11), Middletown; immediately southeast of the intersection of Valley Pike and Vaucluse Road. The property is located approximately 2-miles north of the Town of Middletown. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 85-A-10 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Residential/Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential/Agricultural South: RA Use: Agricultural East: Highway Use: Interstate-81 West: RA Use: Residential PROPOSED USE: This is a request for a Conditional Use Permit (CUP) to enable the establishment of a commercial outdoor shooting range on a 35-acre property. REVIEW EVALUATIONS: Virginia Department of Transportation: We have reviewed the Conditional Use Permit Application for Travis Dodson/Middletown Firearms to develop an outdoor shooting range/club with classroom and bathroom space at 6519 Valley Pike in Frederick County, Virginia. While we have no overall objection to this application , we offer the following comments. The existing private entrance to the facility is not adequate for the proposed commercial use. We request as a condition of this CUP; the Applicant submit and Engineered Commercial Entrance Site Plan to this office for review. I have attached our standard commercial entrance checklist to assist the Applicant and their engineer. The existing private driveway location also does not meet minimum intersection sight distance (SDL- sight distance left) for a commercial entrance. In my field inspection, I was not able to identify the property corners, but it appears there should be sufficient frontage to work with. Sight distance profiles and a grading plan are part of the Commercial Entrance Sight Plan requirements to be submitted by the engineer. We appreciate the opportunity to provide comments on this Conditional Use Permit Application Should you have any questions, please feel free to contact me. See original email from Timothy Rhodes, Land Development Engineer dated August 23, 2019. Page 3 CUP #07-19, Middletown Firearms – Commercial Shooting Range, Outdoors October 8, 2019 Winchester-Frederick County Health Department: Request for Comments for a Conditional Use Permit for a shooting range, classroom space and bathroom facility at 6519 Valley Pike, Middletown, VA 22645 (Frederick County Tax Map #85-A- 10). I have reviewed your request and this office would have no objections to the proposed shooting range, classroom space and bathroom facility provided an onsite sewage system can be approved. In addition, if the proposed structures are to be served by an existing private well, water must not be made available for consumption by the public. If you have any questions, contact me at 540-722-3480. See original comment letter from Jim Davis, REHS, Environmental Health Supervisors dated August 5, 2019. Frederick County Inspections: Conditional Use Permit for use of existing R-5 Residential one and two-family dwelling and associated buildings/property as A-3 Assembly Use, Recreational activity occupancy (Shooting Range). Buildings and structures shall comply with 2015 The Virginia Uniform Statewide Building Code and Section 303-A, Assembly Use Group of the International Building Code/2015. Other Code that apply is the ICC/ANSI A117.1-09 Accessible and Usable Buildings and Facilities, Virginia Energy Code 2015, Virginia Plumbing Code 2015, and International Fire Code 2015. A full site plan is required. Site plan shall be specific on the location of the buildings and their use. Associated building requires permits. Open structures require a design by a Registered Design Professional licensed in the State of Virginia. Restroom facilities provided onsite. A family room may be required if combined fixture requirements per T2901 exceed 6 male and female water closets are required. Restroom shall meet ANSI A117.1-09 and shall be located on an accessible route. Door approach and landings shall comply with ANSI A117.1-2009. Travel distance to restrooms shall not exceed 500’. An accessible route shall be provided to the all buildings and the shooting range. Accessible parking and unloading shall be provided. Quantity of Accessible spaces pr ovided shall meet Table 1106.1.1 Handicap parking shall comply with ANSI A117.1-09. Van accessible parking/unloading shall have a minimum of 11’ width with 5’ unloading area or a minimum of an 8’ unloading area with an 8’ width. Max slope of parking and unloading area is 1:48 IBC 1106.6 requires HC parking to be located on the shortest accessible route of travel from adjacent parking to the shooting range. Walkways shall not exceed 5% (1” in 20”) slope. Page 4 CUP #07-19, Middletown Firearms – Commercial Shooting Range, Outdoors October 8, 2019 Shooting range and berms shall be designed by the recognized governing standard (US Dept. of Energy) for open air shooting ranges. Reuse of an existing accessory structure will require a change of use. Alteration to existing dwelling and/or accessory building will require an asbestos inspection. If asbestos is found, an asbestos abatement will be required. Please note the requirements in Chapter 17 of IBC for special inspection requirements on the type of structure. (Soils, concrete etc.). See original comment letter from Mark Fleet, Building Official dated August 28, 2019. Frederick County Fire Marshall: Approve. Approved provided that site plan be submitted for review. See original comment letter from Kenneth Scott, Jr., dated August 22, 2019. Frederick Water: Property is not served by Frederick water. No additional comments at this time. See original comment letter from Earl Wiley, dated August 6, 2019. Historic Resources Advisory Board: The Study of Civil War Sites in the Shenandoah Valley, published by the National Park Service, does not identify the proposed site or the surrounding areas as being part of a battlefield. The Rural Landmarks Survey Report for Frederick County, Virginia, identifies four structures located within the vicinity of the proposed Conditional Use Permit, one of those (Stickley House) is located on the subject property. The Stickley House, along with two other mapped adjacent properties are listed as potentially significant. One of adjoining properties, Indian Springs, is potentially eligible for the State Register of Historic Places. After reviewing this information and the Applicant’s materials and proposals, the Historic Resources Advisory Board (HRAB) did not support the approval of the Conditional Use Permit as presented. The HRAB expressed concern with the visual and noise impact this would have on the historic adjoining and surrounding properties. It was further noted that this area has a relatively intact collection of historic structures and could potentially qualify as a rural historic community. See original comment letter from Candice E. Perkins, AICP, CZA, Assistant Director, dated September 18, 2019. Planning and Zoning: This application for a Conditional Use Permit (CUP) to permit the establishment of a commercial outdoor shooting range in the RA (Rural Areas) Zoning District. Commercial outdoor shooting Page 5 CUP #07-19, Middletown Firearms – Commercial Shooting Range, Outdoors October 8, 2019 ranges are permitted in the RA Zoning District through an approved CUP. Additionally, commercial shooting ranges shall follow the Additional Regulations for Specific Uses outlined in §165-204.15 of the Frederick County Zoning Ordinance, specifically: a. Zoning district separation buffers and screens, Category C, shall be provided in relation to surrounding properties containing residential uses; b. In no case, shall a shooting range be located within 1,000 feet (FT) of any residence located on surrounding parcels of land; and c. Applications for a CUP shall include plans for appropriate site layout and design to protect the safety of the public. Such plans shall include berms and other protective features. The Applicant, Middletown Firearms (Travis Dodson) proposes a commercial outdoor shooting range at 6519 Valley Pike with the following facilities: • Four (4) separate gun ranges with covered shooting bays: o A 25-yard range (enclosed) with eight (8) shooting lanes & a concrete floor for tactical training; o A 25-yard range with eight (8) shooting lanes; o A 50-yard range with six (6) shooting lanes; and o A 100-yard range with six (6) shooting lanes. • Each range will have side berms 8-feet (FT) in height and 6-FT wide, and a rear berm 16-FT in height. • Range support buildings including: a classroom & storage building, restrooms and/or a small check-in area with ammunition, targets, and cleaning supplies for sale. The Applicant has also included a “Shooting Range Standard Operation Procedure” manual which specifies their shooting range operations and safety. The commercial shooting range will always be supervised by qualified firearms personnel and will serve gun club members, firearm owners, firearm safety classes and local law enforcement personnel. The Applicant does not intend to use the existing home on the property as a residence; however, the application notes it may be used in the future as classroom space or storage (and would require review under a new CUP). The property is also heavily wooded with mature trees and vegetation, creating a natural screen from the adjacent property to the north of the site (residential/agricultural use) and from the east of the site along Interstate 81 (southbound lanes). Site access will be from the existing driveway from US Route 11 (Valley Pike), which will need to be improved to meet the Virginia Department of Transportation (VDOT) commercial entrance standard. Page 6 CUP #07-19, Middletown Firearms – Commercial Shooting Range, Outdoors October 8, 2019 Aerial View – Looking East from Route 11 (Valley Pike) Approximate Location of Commercial Outdoor Shooting Range The property is surrounded by other RA (Rural Areas) zoned property, which includes open space, agricultural/forestal uses, and single-family detached residences north of the property and across Valley Pike. The 2035 Comprehensive Policy Plan of Frederick County (Comprehensive Plan) identifies this area of the County as “rural” and is to remain rural/agricultural in nature and is not part of any land use study. STAFF CONCLUSIONS FOR THE 10/16/19 PLANNING COMMISSION MEETING: This is a request for a Conditional Use Permit (CUP) for a commercial outdoor shooting range in the RA (Rural Areas) Zoning District. Should the Planning Commission find this application to be appropriate, Staff recommends that the following conditions be attached to the CUP: 1. All review agency comments shall be complied with at all times. 2. An engineered site plan, in accordance with the requirements of Article VIII of the Fredrick 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 §165-204.15 of the Frederick County Zoning Ordinance. Page 7 CUP #07-19, Middletown Firearms – Commercial Shooting Range, Outdoors October 8, 2019 3. The hours of operation for shooting range activities shall be limited to: a. Monday through Saturday – 10 a.m. to 7 p.m. b. Sunday – 1 p.m. to 6 p.m. 4. Shooting activities shall be supervised by qualified personnel at all times. 5. One (1) monument style sign with a maximum sign area not to exceed 50 square feet (SF) and not to exceed 10 feet (FT) in height is permitted. 6. Any expansion or modification of this use will require the approval of a new CUP. Following this public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors.