PC 09-20-23 Meeting Minutes
Frederick County Planning Commission Page 4058
Minutes of September 20, 2023, 2023
MEETING MINUTES
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in
Winchester, Virginia on September 20, 2023.
PRESENT: John F. Jewell, Chairman; Roger L. Thomas, Vice Chairman/Opequon District; Robert S.
Molden, Opequon District; William A. Orndoff, Stonewall District; Justin Kerns, Stonewall District;
Elizabeth D. Kozel, Shawnee District; Charles E. Triplett, Gainesboro District; Jason Aikens, Gainesboro
District; Betsy Brumback, Back Creek District; Mollie Brannon, Back Creek District; Charles Markert, Red
Bud District; Roderick B. Williams, County Attorney.
ABSENT: H. Paige Manuel, Shawnee District; Tim Stowe, Red Bud District.
STAFF PRESENT: Wyatt G. Pearson, Director; Amy L. Feltner, Planner I; Shannon L. Conner,
Administrative Assistant.
CALL TO ORDER
Chairman Jewell called the September 20, 2023 meeting of the Frederick County Planning
Commission to order at 7:00 p.m. Chairman Jewell commenced the meeting by inviting everyone to join in
a moment of silence.
ADOPTION OF AGENDA
Upon a motion made by Commissioner Aikens and seconded by Commissioner Thomas
the Planning Commission unanimously adopted the agenda for this evening’s meeting with the removal of
item 6A (REZ #03-23 O-N Minerals) which has been moved to the October 4, 2023 Planning Commission
Meeting.
MINUTES
Upon motion made by Commissioner Thomas and seconded by Commissioner Orndorff,
the Planning Commission unanimously adopted the minutes from the July 19, 2023 and the August 16,
2023 meetings.
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Minutes of September 20, 2023, 2023
COMMITTEES
Frederick Water – Mtg. 09/19/23
Chairman Jewell reported, Frederick Water Staff presented an update on the current
drought which has significantly impacted groundwater wells and quarries from which Frederick Water
draws the local public water supply. The Board adopted an interpretation for “new water service
connections” applicable during a Drought Emergency. He continued, HP Hood was granted an exception
to enable the manufacturing facility to increase its daily wastewater discharge by 100,000 gallons per day;
this action will support HP Hood in its production growth and expansion plans.
City of Winchester – Mtg. 09/19/23
Commissioner Mayfield, Winchester City Planning Commission Liaison, reported the
Commission approved a CUP for a mini storage, a resolution to the zoning text, a site plan for Zero Pack,
and they tabled an item at 601 Jubal Early Drive.
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CITIZEN COMMENTS
Chairman Jewell called for citizen comments on any subject not currently on the Planning
Commission’s agenda or any item that is solely a discussion item for the Commission.
Mr. Connelly of the Back Creek District came forward and shared his thoughts on citizens
being told what they can or cannot do with their property that they pay taxes on.
No one else came forward to speak and Chairman Jewell closed the public comments
portion of the meeting.
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PUBLIC HEARING
Conditional Use Permit #05-23 for GT Archery, LLC, submitted for a commercial indoor and
outdoor archery range. The property is located at 3641 Green Spring Road, Winchester, Virginia
and is identified with Property Identification Number 13-3-16 in the Gainesboro Magisterial District.
Action – Recommend Approval
Amy L. Feltner, Planner I, reported this is a request for a Conditional Use Permit (CUP) to
enable a commercial indoor-outdoor archery range with sales of archery supplies and equipment on one
parcel totaling approximately 4.80+/- acres located at 3641 Green Spring Road, in the Gainesboro
Magisterial District. An existing CUP (#07-16) was approved for the sale of archery supplies and
equipment as a cottage occupation on September 14, 2016. She shared a location map of the property. Mrs.
Feltner continued, commercial archery ranges (indoor and outdoor) are only permitted as a Conditional Use
in the RA District. The Applicant proposes a family-owned archery sales and service business with hours
of operation on Tuesday – Friday from 8:00 a.m. – 6:00 p.m., and Saturdays from 8:00 a.m. – 3:30 p.m.,
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the anticipated number of customers is 3-5 on weekdays and 10-15 on Saturdays. The Applicant intends to
operate the indoor/outdoor range on Thursday – Saturday (primarily Saturday) 6:00 p.m. – 9:00 p.m. with
a maximum of 35 customers. The Applicant has 14 indoor shooting ranges and 5 outdoor shooting ranges
intended to accommodate events which are primarily seasonal leagues, including youth programs which
would be 12 -15 children. The outdoor ranges accommodate 15 customers and are used in conjunction with
the 35 customers’ request.
Mrs. Feltner explained the Zoning Ordinance §165-204.15 Supplementary Use
Regulations requirements: A Category C zoning buffer and screen shall be provided where surrounding
properties contain residential uses; In no case shall the archery range be located within 300’ of any residence
located on surrounding parcels; A site design shall provide a layout of the protective features, including
berms and other features, that provide protection to the public; and the range shall be supervised at all times
by qualified personnel. She presented a minor site plan of the proposal. Mrs. Feltner concluded, should
the Planning Commission find this use appropriate, Staff would recommend the following conditions:
1. All review agency comments and requirements shall be complied with at all times.
2. Hours of operation shall be limited to 8:30 a.m. to 9:00 p.m. daily with a maximum
of 35 customers at any time.
3. A minor site plan shall be submitted and approved by Frederick County prior to
the establishment of this use on these properties. The site plan shall meet the
requirements of the Frederick County Zoning Ordinance Section §165-204.15 for
Commercial Archery Range.
4. No employees beyond those residing on the premises.
5. Approval of CUP #05-23 shall render the existing approved CUP #07-16 void.
6. One (1) sign with a maximum of 4 square feet in area and maximum of 5 feet in
height is permitted.
7. Any expansion of change of use will require a new CUP.
The Commission questioned the extent of the expansion from the existing CUP #07-16,
the additional parking requirements, the safety parameters required including potential baffles, the
limitation of employees, and the 300’ distance requirement. Mrs. Feltner responded that the expansion of
the existing Conditional Use Permit would now include the indoor and outdoor range and increase the
capacity from 4 to 35 customers, as well as extending the hours of operation until 9:00 p.m. She noted that
the additional parking requirements will be addressed on the Minor Site Plan. The 300’ separation
requirement to residences on adjacent parcels is a distance thought to be adequate when the Committee
drafted the ordinance in 2017. Staff addressed the limitations of the employee requirement as originating
from agency comments due to the stipulation of a private well and septic. The Minor Site Plan requirement
will address the safety parameters which could include a six-foot berm or other adequate protections, but
specific safety parameters would be addressed by the engineer and designer at that time. Commissioner
Brumback discussed the proposed hours of operation and recommended reducing the days of operation to
Tuesday through Saturday. Chairman Jewell modified this recommendation to allow Mondays, thus only
excluding Sundays for operation.
Chairman Jewell called for anyone who wished to speak regarding this Public Hearing to
come forward at this time.
John and Susan Wilmac came forward to share their concerns with the safety of this range.
He stated there have been four incidents where arrows have made their way on their property and have hit
their home. He stated he does not mind them having a business and is just concerned about the safety. Mr.
Teets, the Applicant, came forward to address the safety concerns. He noted the arrows being discussed
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Minutes of September 20, 2023, 2023
were not from his property and that there are frequent trespassers back there. Eight citizens came forward
and shared their support of this application.
No one else came forward to speak and Chairman Jewell closed the public comment
portion of the hearing.
Commissioner Thomas requested clarification on what is being looked at since there is
already a CUP in place. Wyatt G. Pearson, Director, explained the request is for one outdoor range, one
indoor range and the existing CUP is for archery sales and service only.
Commissioners Brannon and Kozel expressed their support for this application, they feel
it is a great small business and great for the youth. Commissioner Brannon recommended no trespassing
signs for the woods.
Upon a motion made by Commissioner Aikens and seconded by Commissioner Triplett
with a modification to the hours of operation to be 8:00 a.m. – 9:00 p.m. Monday through Saturday
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of Conditional Use Permit #05-23 for GT Archery, LLC, submitted for a commercial indoor and outdoor
archery range. The property is located at 3641 Green Spring Road, Winchester, Virginia and is identified
with Property Identification Number 13-3-16 in the Gainesboro Magisterial District.
(Note: Commissioner Stowe, Red Bud District and Commissioner Manuel, Shawnee District were absent
from the meeting).
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OTHER
Wyatt G. Pearson, Director, shared there is nothing outstanding to report on at this time.
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ADJOURNMENT
No further business remained to be discussed and a motion was made by Commissioner
Aikens to adjourn the meeting. This motion was seconded by Commissioner Thomas and unanimously
passed. The meeting was adjourned at 7:55 p.m.
Respectfully submitted,
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John F. Jewell, Chairman
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Wyatt G. Pearson, Secretary