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HomeMy WebLinkAbout05-15 PC Staff ReportCONDITIONAL USE PERMIT #05-15 WINCHESTER CHAPTER OF THE IZAAK WALTON LEAGUE Staff Report for the Planning Commission Prepared: January 21, 2016 Staff Contact: Mark Cheran, Zoning Administrator This report is prepared by the Frederick County Plannin g 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 Pending Board of Supervisors: 02/24/16 Pending EXECUTIVE SUMMARY: This application is requesting an expansion of a non-conforming use. (Outdoor Shotgun Shooting Range) 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. Following this public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. Page 2 CUP #05-15, Winchester Chapter of the Izaak Walton League January 21, 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 January 21, 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+/- acre 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 71/2 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 paid 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 January 21, 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. Following this public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors.