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PC 02-03-16 Meeting MinutesMEETING 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 February 3, 2016 PRESENT: June M. Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice Chairman/Opequon District; Robert S. Molden, Opequon District; Gary R. Oates, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; Greg L. Unger, Back Creek District; J. Rhodes Marston, Back Creek District; Charles F. Dunlap, Red Bud District; Christopher M. Mohn, Red Bud District; Charles E. Triplett, Gainesboro District; Roderick B. Williams, County Attorney; Blaine Dunn, Board of Supervisors Liaison. ABSENT: Stanley Crockett, Stonewall District; Kevin Kenney, Gainesboro District. STAFF PRESENT: Michael T. Ruddy, Director; Mark R. Cheran, Zoning and Subdivision Administrator; and Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Wilmot called the February 3, 2016 meeting of the Frederick County Planning Commission to order at 7:00 p.m. Chairman Wilmot commenced the meeting by inviting everyone to join in a moment of silence. ADOPTION OF AGENDA Upon motion made by Commissioner Oates and seconded by Commissioner Thomas, the Planning Commission unanimously adopted the agenda for this evening's meeting. MINUTES Upon motion made by Commissioner Oates and seconded by Commissioner Manuel, the Planning Commission unanimously adopted the minutes of their November 18, 2015 and December 2, 2015 meetings. Frederick County Planning Commission Page 3305 Minutes of February 3, 2016 ELECTION OF SECRETARY Commissioner Oates nominated Michael T. Ruddy to serve as Secretary of the Planning Commission. This nomination was seconded by Commissioner Thomas and unanimously approved. COMMITTEE REPORTS Comprehensive Plans and Programs Committee (CPPQ — Mtg. 1/11/16 Commissioner Mohn reported the committee continued discussion on the update to the 2035 Comprehensive Plan, reviewed input from the working groups, and will continue these discussions at future meetings. Transportation Committee - Mtg. 2/01/16 Commissioner Oates reported Supervisor Lofton is now the Chairman of the Transportation Committee. Commissioner Oates continued there was a discussion on House Bill 2; there are four out of the six projects the County applied for that received a positive endorsement from VDOT, however they all go to the Commonwealth Transportation Board and funding is not definite. He continued the second item that was discussed was the Transportation portion of the Comprehensive Plan, a few minor things were noted and it is being forwarded to the Comprehensive Plans and Programs Committee. City of Winchester Planning Commission — Mtg. 2/2/16 Commissioner Smith reported a work session was held. He noted at the work session an ordinance amendment pertaining to the maximum permitted residential density in the planned unit development overlay district was discussed. Board of Supervisors Report — Mtg. 1/27/16 Board of Supervisors' Liaison, Supervisor Blaine Dunn reported the Board of Supervisors approved REZ #12-15 for Crosspointe with modifications to the commercial and development areas. CITIZEN COMMENTS Chairman Wilmot 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. No one came forward to speak and Chairman Wilmot closed the citizen comments portion of the meeting. Frederick County Planning Commission Page 3306 Minutes of February 3, 2016 PUBLIC HEARING Conditional Use Permit #05-15 for the Winchester Chapter of the Izaak Walton League, submitted for an expansion of non -conforming use (outdoor recreation/shooting area). The property is located at 2863 Millwood Pike, and is identified with Property_ Identification Number 77-A-72 in the Shawnee Magisterial District. Action — Recommend Approval Zoning and Subdivision Administrator, Mark R. Cheran reported this property is currently zoned RA (Rural Areas) and the current land use is Outdoor Recreation. The proposed use is the expansion of a non -conforming use for an outdoor shotgun shooting range. Mr. Cheran continued outdoor shotgun shooting ranges are considered as an outdoor recreation use in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP). Research of County records revealed that a CUP had never been approved for the existing 149 +/- acre Izaak Walton facility. Mr. Cheran noted this facility was established prior to this zoning requirement and is considered to be a legally non- conforming use. Mr. Cheran explained it is the Applicant's request to expand the size and location of the outdoor shotgun shooting range. This proposed shooting range will cover an area approximately 3 +/- acres and will be used for clay targets launched by trained shotgun range supervisors. The Applicant has indicated this proposed range will be used for shotguns of 12, 16, 20, 28, and .410 gauges. The only shot size will be 7 '/2 or smaller. The range will be under the supervision of the Izaak Walton appointed and trained firearm supervisors at all times when in use. Mr. Cheran concluded this CUP will expand the facility that currently includes a lodge building, picnic shelters, a rifle range, and fishing areas and access to the property is via a key pad gate system for members only. Ms. Joan Fine representing the Applicant reported the Izaak Walton League of Winchester is a Virginia chapter of the National Izaak Walton League of America and was initially formed for conservation purposes. Mr. James Sherry, President of the Winchester Izaak Walton League reported he and the current board of directors were elected in June 2015 and they were charged with the task of fixing what was in disarray with the chapter. He continued one item that was not expected to be wrong is the shotgun range. Mr. Sherry explained the chapter has been shooting clay targets since the 1970's on land that was acquired in 1965 or so. Mr. Sherry continued the current location is closely supervised; the park has limited access; the chapter holds an excellent record of safe operations. Mr. Sherry reported the Izaak Walton League submitted an application and during the process they were advised by the Winchester Regional Airport Authority to submit to the FAA an Obstruction Evaluation/Airport Airspace Analysis report. He noted the response was returned from the FAA indicating the shotgun range does not pose an obstruction hazard. Mr. Sherry shared the chapter has facilitated visits by County personnel to see firsthand the layout of the range and exactly how it is used. Mr. Sherry continued the shotgun range is located on 3 acres, it provides a safe and secure venue for shotgun enthusiasts. He noted this is accomplished on a range that is under chapter supervision whenever it is in use. Mr. Sherry explained a designated range supervisor is present to ensure the equipment is operated properly, safely, and that the shooters comply with all of the safety rules that are being implemented. Mr. Sherry continued the members are subjected to a safety orientation before they are permitted to use and access any of the range facilities. He noted the Izaak Walton League is protected from unauthorized use by a locked vehicle gate that utilizes a key pad and that gate is under video surveillance. Frederick County Planning Commission Page 3307 Minutes of February 3, 2016 Commissioner Thomas inquired what the range of the shotguns being used is and the carrying distance on the shotgun range. Mr. Sherry noted the largest shot permitted at the shotgun range is 7 % which are said to have a maximum carry distance of 209 yards at the proper elevation. Commissioner Marston requested clarification on the operating hours of the shotgun range. Mr. Sherry responded the hours are 1:00-3:00 p.m. on Saturdays and Sundays and this depends on the weather and the availability of a range supervisor. Commissioner Marston then inquired what type of training the range supervisors are provided. Mr. Sherry elaborated that the training varies; a number of individuals are NRA certified safety officers; there are others who have been associated with the chapter for numerous years that have helped organize the range and develop the rules of the shooting range. Mr. Sherry concluded all keys to access equipment needed for the shotgun range are accounted for, logged, and only range supervisors are in possession. He noted that the safety of the shotgun range is of the upmost importance. Commissioner Dunlap inquired has there been any communication with the Winchester Regional Airport Authority by the chapter. Mr. Sherry commented he has unsuccessfully made contact however; the chapter attorney Ms. Joan Fine has visited with them. Commissioner Thomas inquired if there is electricity or any type of lighting at the shotgun range. Mr. Sherry noted there is neither electricity nor lighting. Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Citizen Edward Keenan came forward to express his opposition to the shotgun range. Mr. Keenan is primarily concerned with the safety issues associated with this application due to the close proximity to his property. Citizen Carl Golightly came forward expressing his concerns of safety. W. Golightly noted he is a registered gun owner, enjoys shooting however he would like to see upgrades done to the Izaak Walton facility to improve all safety aspects and to respect the adjoining property owners. Citizen Warren Golightly came forward; he is concerned with the safety of the adjoining property owners. Mr. Golightly noted he feels the adjacent property values will decrease due to the continued shooting that takes place on the Izaak Walton property. Citizen David Praylor and a member of the Izaak Walton League spoke in favor of the shotgun range. Mr. Praylor explained when the range was initially constructed it was positioned so the shots would not leave the range area. He noted in regards to safety the shotgun range regulations that have been put in place exceed what would be required by the National Skeet Shooting Association. Citizen Loretta Barr lives near the shooting range and noted she frequently hears shooting most of which is not on the days listed in the hours of operation. Citizen Jent P. Mitchell III used mapping provided by Staff and pointed out the rifle range and the shotgun range. He noted the rifle range is currently unrestricted and can be used seven days a week. He pointed out the rifle and the shotgun ranges are two separate items and the shotgun range is the only one being discussed in this proposed CUP. No one else came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Frederick County Planning Commission Page 3308 Minutes of February 3, 2016 Commissioner Dunlap inquired why the additional parcel owned by Izaak Walton was not included in this CUP application. Mr. Cheran explained only the parcel which includes the shotgun range had to be listed on the application. Commissioner Thomas inquired why there are not hours of operation listed on the CUP. Mr. Cheran explained the hours of operation could be added as a condition however it would be very difficult to enforce. Commissioner Thomas commented he hopes the Winchester Izaak Walton League will hear all the citizen comments and address them accordingly. for the airport. Commissioner Oates commented he does not foresee the shotgun range being a problem Upon motion made by Commissioner Manuel and seconded by Commissioner Ambrogi BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #05-15 for the Winchester Chapter of the Izaak Walton League, submitted for an expansion of non -conforming use (outdoor recreation/shooting area). The property is located at 2863 Millwood Pike, and is identified with Property Identification Number 77-A-72 in the Shawnee Magisterial District. (Note: Commissioner Crockett and Commissioner Kenney were absent from the meeting) ADJOURNMENT No further business remained to be discussed and a motion was made by Commissioner Oates to adjourn the meeting. This motion was seconded by Commissioner Thomas and unanimously passed. The meeting adjourned at 7:55 p.m. Respectfully submitted, �u "V�_t " - &j e M. Wilmot, Chairman YwC. u / c'( Michael T. Ruddy, Secretary Frederick County Planning Commission Page 3309 Minutes of February 3, 2016