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HomeMy WebLinkAbout05-23 BOS Staff ReportCONDITIONAL USE PERMIT #05-23 GT ARCHERY, LLC. (CLETUS AND GINGER TEETS) Staff Report for the Board of Supervisors Prepared: September 21, 2023 Staff Contact: Amy Light Feltner, 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: 09/20/23 Recommended Approval Board of Supervisors: 10/11/23 Pending EXECUTIVE SUMMARY: 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. An existing CUP (#07-16) was approved for sale of archery supplies and equipment as a cottage occupation on September 14, 2016. The subject property is within the Gainesboro Magisterial District. The following information in italics is a summary of the applicant’s proposed intentions: 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. The anticipated customers are 3-5 customers on weekdays and 10-15 customers 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, primarily seasonal leagues, including youth programs which accommodate approximately 12-15 children. Outdoor ranges accommodate 15 customers and are used in conjunction with the 35 customers’ request. The site has been previously approved for a Conditional Use Permit (#07-16) for the existing archery supplies and equipment business with a maximum of 3-4 customers daily. Should the Board of Supervisors find this use to be appropriate, the Planning Commission would recommend the following conditions be placed on the CUP: 1.All review agency comments and requirements shall be complied with at all times. 2.Hours of operation shall be limited to 8:00 a.m. to 9:00 p.m. Monday through Saturday (excluding Sundays) 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 this property. The site plan shall meet the requirements of the Page 2 CUP #05-23, G. T. Archery (Cletus and Ginger Teets) September 21, 2023 Frederick County Zoning Ordinance Section §165-204.15 for Outdoor Commercial Archery Ranges. 4.No employees permitted, beyond those residing on the premises. 5.Should this Conditional Use Permit be approved, the existing Conditional Use Permit (CUP #07-16) is voided. 6.One (1) sign with a maximum sign area not to exceed four (4) square feet (SF) and five (5) feet in height is permitted with approval of the Conditional Use Permit. 7.Any expansion or modification of this use will require approval of a new conditional use permit. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Page 3 CUP #05-23, G. T. Archery (Cletus and Ginger Teets) September 21, 2023 LOCATION: The subject property is located at 3641 Green Spring Road, Winchester, VA. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 13-3-16 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: Rural Areas (RA) Use: Residential South: Rural Areas (RA) Use: Residential East: Rural Areas (RA) Use: Residential West: Rural Areas (RA) Use: Residential PROPOSED USE: This is a request for a Conditional Use Permit (CUP) to enable a commercial indoor-outdoor archery range and sales of archery supplies and equipment on 4.80 acres. REVIEW EVALUATIONS: Planning and Zoning: Proposal: This is a request for a Conditional Use Permit (CUP) to enable a commercial indoor-outdoor range on one (1) parcel totaling 4.80+/- acres off Green Spring Road. Comprehensive Plan Land Use Compatibility: The 2040 Comprehensive Policy Plan of Frederick County (“Comprehensive Plan”) provides guidance when considering land use actions. The location of this proposed commercial indoor- outdoor, archery range with sales of archery supplies and equipment business is in a part of the County that is planned to remain primarily rural in nature, and not part of any current land use study. The Frederick County Zoning Ordinance allows a commercial indoor-outdoor, archery range with sales of archery supplies and equipment in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP). The proposed use will take place within existing structures (an outbuilding/shed) on the Applicant’s property. The outdoor archery range, per §165-204.15, is permitted outside a 300’ perimeter of any adjacent residences and requires a Category C separation buffer and screening. Additionally, plans for appropriate site layout and design to protect the safety of the public are required. Staff conducted a site visit on September 7, 2023, and determined that the existing dense vegetation is sufficient for the buffer Page 4 CUP #05-23, G. T. Archery (Cletus and Ginger Teets) September 21, 2023 requirements. The proposed business is generally compatible with surrounding rural residential uses. Zoning Ordinance Requirements: The Frederick County Zoning Ordinance (Chapter 165) allows for commercial outdoor shooting and archery ranges through an approved conditional use permit. Additional regulations for specific uses contained in the Zoning Ordinance require outdoor ranges implement the following requirements in accordance with §165-204.15. 1. A Category C Zoning District separation buffer and screening is required in relation to surrounding properties containing residential uses. 2. In no case shall an archery range be located within 300 feet of any residence located on surrounding parcels of land. 3. Applicant 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. 4. All outdoor shooting ranges shall be supervised at all times by qualified personnel. Virginia Department of Transportation: We have reviewed the Conditional Use Permit Application received July 7, 2023, for impacts to the transportation system. The application is for GT Archery, LLC to expand on the original Conditional Use Permit located at 3641 Green Spring Road, Winchester VA (Rt 671) cottage occupation selling archery supplies, located at 3641 Green Spring Road, Winchester, VA (Rte. 671). Route 671 is an unposted 55 MPH local roadway with 1400 vehicle trips per day. A VDOT speed analysis was performed in 2016, at the time of the previous CUP application. Our results concluded that only a Low Volume Commercial Entrance could be permitted, allowing a maximum of 50 vehicle trips per day (25 entering, 25 exiting). Our previous comments remain today. Only stopping sight distance is achieved, therefore, the previously approved conditions still apply. We still ask as a condition of this CUP, this County limits the number of trips to and from this business to a maximum of 50 per day. I have attached our previous comments to this email for reference. Please see the attached email from Timothy Rhodes, VDOT Land Development Engineer dated July 7, 2023. Winchester-Frederick Health Department: Request for Conditional Use Permit Comments for a proposed new archery shop and range to be located at 3641 Green Spring Road, Winchester, VA (Frederick County TM#13-3-16). During a recent phone conversation, you mentioned that you intend to reduce the number of bedrooms in your home on County property records from a 3-bedroom dwelling to a 1-bedroom dwelling. If you follow through with the action, that will change the estimated daily flow of sewage effluent from 450 gallons per day to 150 gallons per day. That will allow for up to 300 gallons per day of sewage flow from your proposed archery shop and range to be accommodated by your existing onsite sewage system. We estimate that each customer could contribute 5 gallons of sewage flow per day. This will allow up to 60 customers per day to visit your shop. That number will be reduced should you plan to have employees. The estimated flow per Page 5 CUP #05-23, G. T. Archery (Cletus and Ginger Teets) September 21, 2023 employee is 15 – 35 gallons per day per 8-hour shift. We also discussed the need for you to obtain a Minor Modification Construction Permit from this office for the building sewer that has already been installed. This is the pipe that connects the shop to your existing onsite sewage system. I advised that you need to consult with a private sector Onsite Soil Evaluator (OSE) or Professional Engineer (PE) to design and/or inspect the building sewer installed without a permit for compliance with the Sewage Handling and Disposal Regulations of Virginia. It is my understanding that you have hired Greenway Engineering to take care of this matter. Once our office has received an application and fee, and approved a Minor Modification Construction Permit, we would have no objections to the proposed use as described in your CUP application. Please see the attached letter from Jim Davis, Environmental Health Manager dated August 22, 2023. Frederick County Fire Marshall: Approved with conditions. Portable fire extinguisher shall be installed as outlined in the Virginia Statewide Fire Prevention Code. Smoke alarms shall be installed in areas occupied by the public. Please see the attached letter from Adam Hounshell, Lieutenant/Assistant Fire Marshal dated June 14, 2023. Frederick County Public Works: We offer no comments. Please see the attached letter from Joe Wilder, Director of Public Works dated July 6, 2023 Frederick County Inspections Department: The building will require a change of use per the Virginia Uniform Statewide Building Code. Other codes that may apply are The Virginia Plumbing Code, Virginia Mechanical Code, ICC ANSI 117.1, the International Fire Code and the NEC. Approval by the Virginia Department of Health must also be obtained prior to the issuance of permits. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 09/20/23 MEETING: The Planning Commission held a public hearing to consider this Conditional Use Permit on September 20, 2023. The Commission questioned the extent of the expansion from the existing Conditional Use Permit (#07-16), the additional parking requirements, the safety parameters required including potential baffles, the limitation of employees, and the 300’ distance requirement. Staff 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 p.m. Staff 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 Page 6 CUP #05-23, G. T. Archery (Cletus and Ginger Teets) September 21, 2023 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 Sunday operations. The Commission recommended operating Monday through Saturday from 8 a.m. – 9 p.m. Two public comments addressed concerns on the containment of the projectiles with specific instances of stray arrows and events of trespassing. Commissioner Thomas requested clarification on the application that there were not scattered targets throughout the woods. The applicant responded that they were for personal use and not associated with the GT Archery business. The Planning Commission unanimously voted to recommend approval of the CUP as presented and sent the item forward to the Board of Supervisors. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors.