HomeMy WebLinkAbout05-23 PC Staff Report
CONDITIONAL USE PERMIT #05-23
GT ARCHERY, LLC. (CLETUS AND GINGER TEETS)
Staff Report for the Planning Commission
Prepared: September 7, 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 Pending
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 11:00 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 Planning Commission find this use to be appropriate, Staff 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 11:00am to 9:00pm every day 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
Frederick County Zoning Ordinance Section 165-204.15 for Outdoor Commercial Archery
Ranges.
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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 4 square feet (SF) and of five 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, it would be appropriate for the Planning Commission to offer a
recommendation concerning this application to the Board of Supervisors.
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, and
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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, and 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 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
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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 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.
Following this public hearing, it would be appropriate for the Planning Commission to offer a
recommendation concerning this application to the Board of Supervisors.
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