Loading...
HomeMy WebLinkAbout05-15 BOS Staff ReportCONDITIONAL USE PERMIT #05-15 WINCHESTER CHAPTER OF THE IZAAK WALTON LEAGUE Staff Report for the Board of Supervisors Prepared: February 12, 2016 Staff Contact: Mark Cheran, Zoning Administrator 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: 02/03/16 Public Hearing Held; Recommended Approval Board of Supervisors: 02/24/16 Pending EXECUTIVE SUMMARY AND PLANNING COMMISSION RECOMMENDATION: This application is requesting an expansion of a non-conforming use. (Outdoor Shotgun Shooting Range) Should the Board of Supervisors 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. Shooting activities shall be supervised by qualified personnel at all times. 3. Any expansion or change of use shall require a new Conditional Use Permit. The Planning Commission unanimously recommended approval of CUP #05-15 with the above conditions. 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 2 CUP #05-15, Winchester Chapter of the Izaak Walton League February 12, 2016 LOCATION: This property is located at 2863 Millwood Pike MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 77-A-72 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Outdoor Recreation ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Residential Use: Residential East: RA (Rural Areas) Use: Clarke County West: RA (Rural Areas) Use: Residential PROPOSED USE: Expansion of a non-conforming use (outdoor shotgun shooting range). REVIEW EVALUATIONS: Virginia Department of Transportation: The application for this property appears to have little measurable impact on Route 50, the VDOT facility which would provide access to the property. Present entrance is adequate for proposed improvements. Should business ever expand in the future, entrance may need to be upgraded. Frederick County Inspections: Tower structure shall comply with The Virginia Uniform Statewide Building Code and Section 312, use group U (Utility), of The International Building Code/2012. An evaluation report of the placed structure and the construction documents submitted for the building permit shall be sealed by a Virginia Licensed Design Professional. After the issuance of a building permit, a final inspection of the structure shall be required to assure compliance with construction documents and that code compliance is met. Upon completion of final approvals, a certificate of use and occupancy shall be issued. Winchester-Frederick County Health Department: The Health Department has no objections since it does not appear to be an increase in usage of the bathroom facilities at the shelter and portable toilets are still utilized for large gatherings. Page 3 CUP #05-15, Winchester Chapter of the Izaak Walton League February 12, 2016 Frederick County Sanitation Authority: This property is outside of the Sewer Water Service Area (SWSA) therefore, Virginia Department of Health comments are required. Frederick County Fire Marshall: Plans approved. Winchester Regional Airport: Please see attached letter dated November 3, 2015, from Serena R. Manuel, Executive Director. Planning and Zoning: 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. Therefore, this facility was established prior to this requirement; and is considered to be a legally non-conforming use. Due to this non-conforming status; any increase in the intensity of use is not permitted. It is the Applicant’s desire to expand the size and location of the outdoor shotgun shooting range. This increase in the level of non- conformity may be accomplished through the approval of a CUP. The 2030 Comprehensive Policy Plan of Frederick County (Comprehensive Plan) identifies this area of the County to remain Rural in nature and is not part of any land use study. 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 7½ or smaller. A shotgun pattern range will also be used in conjunction with this range. The range will be under the supervision of Izaak Walton appointed and trained firearm supervisors at all times when the range is in operation. This CUP will expand the facility that currently includes a lodge building, picnic shelters, a rifle range, and fishing areas. Access to this property is via a key pad gate system for members only. Outdoor shotgun shooting ranges are subject to additional performance standards in order promote safety and mitigate any negative impacts to adjoining properties. The properties immediately adjacent to this proposed CUP are currently zoned RA Zoning District. One of these standards is that a proposed outdoor range be a minimum 1,000 feet from any property being used as residential. This proposed use will meet that standard. The other standard is that a Category C buffer be provided. The proposed range and the property as a whole are surrounded by mature woodlands and vegetation. Therefore, the intent of the Category C buffer can be met, as 200 feet is required for a land screen Category C buffer. Please note the comments provided by the Winchester Regional Airport. Page 4 CUP #05-15, Winchester Chapter of the Izaak Walton League February 12, 2016 STAFF CONCLUSIONS FOR THE 02/03/16 PLANNING COMMISSION MEETING: 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. Shooting activities shall be supervised by qualified personnel at all times. 3. Any expansion or change of use shall require a new Conditional Use Permit. PLANNING COMMISSION SUMMARY AND ACTION OF THE 02/03/16 MEETING. 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 that 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 +/- acres 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 7½ or smaller. The range will be under the supervision of 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 s ystem 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; which 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. Page 5 CUP #05-15, Winchester Chapter of the Izaak Walton League February 12, 2016 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. 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 ½ 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. 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. Mr. 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. Page 6 CUP #05-15, Winchester Chapter of the Izaak Walton League February 12, 2016 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 regula tions 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. Commissioner Dunlap inquired why the additional parcel owned by Izaak Walton was not included in this CUP application. Staff 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. Staff 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. Commissioner Oates commented he does not foresee the shotgun range being a problem for the airport. A motion was made, seconded, and passed unanimously to recommend approval of CUP #05-15. Page 7 CUP #05-15, Winchester Chapter of the Izaak Walton League February 12, 2016 STAFF CONCLUSIONS AND PLANNING COMMISSION RECOMMENDATION FOR THE 02/24/16 BOARD OF SUPERVISORS MEETING: Should the Board of Supervisors 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. Shooting activities shall be supervised by qualified personnel at all times. 3. Any expansion or change of use shall require a new Conditional Use Permit. The Planning Commission unanimously recommended approval of CUP #05-15 with the above conditions. 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.