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Location, Zoning and
Current Land Use:
The property is located on
the east side of Midland Road (Route 610) and zoned Rural
Agricultural (RA). A portion of the parcel is the site of
the Range 82 recreational shooting range with the remainder
being farmed.
Zoning Map
Surrounding Zoning and
Current Land Use:
The majority of the
surrounding property is zoned Rural Agricultural (RA), with
the exception of parcels to the west which are zoned
Residential (R-1). The surrounding property consists of
farm land and single family dwellings.
Comprehensive Plan/Land Use:
The property is not located
within a Service District. The subject property is
designated as a rural area and is subject to the Rural Areas
Land Use Plan, Chapter Eight of the Comprehensive Plan.
Preservation and enhancement of the rural areas and
preservation of the agricultural economy in Fauquier County
have consistently been major goals of the County. The
property is also enrolled in the County’s land use program.
Comprehensive Compliance
Determination:
§15.2-2232, Code of
Virginia, Comprehensive Plan Compliance Review.
The Planning Commission is required to make a finding
that the proposed outdoor technical training facility (a
public facility feature) is substantially in accord with the
adopted Comprehensive Plan at this location. Chapter 9 of
the Fauquier County Comprehensive Plan, Public Facilities
and Utilities, lists public facilities as “schools, parks
recreational facilities, libraries, health and human
services, and public safety.”
“The County’s primary goal
for community facilities, services, and utilities is to
provide for the physical, cultural, and public safety needs
of the County.” The following are goals relating to public
facilities as stated in Chapters 1 and 9 of the
Comprehensive Plan:
Goal #6, “To plan for
necessary public facilities and utilities through public and
private cooperation within those areas presently containing
services, and to establish priorities for service
implementation in those areas presently not served.”
Goal #8, “To effect
economical and efficient use of public funds by planning for
a rate growth which will achieve the goals of the County and
will not exceed the ability of the County to provide
services to its citizens.”
Public Facilities policy
guidelines are recommended to guide the facility and utility
planning for the County. Some of the general guidelines are
listed below:
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Public
facilities and services should be sited in a manner which
will efficiently and economically serve the greatest number
of residents while keeping within the plans for County
growth as presented in this Plan.
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All public
facilities and utilities should be designed and developed so
as to limit environmental degradation.
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Facilities
should be appropriately planned to provide adequate levels
of service.
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Develop
alternative and stable funding sources to enable volunteer
departments to adequately serve the increasing demand for
services.
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Increase
public awareness and interest in the volunteer system.
Chapter 9 of the
Comprehensive Plan discusses training for fire departments
and rescue in great detail. “Within the last decade, state
and federal governments have become much more involved in
developing and regulating training programs for fire
departments and rescue squads. Whereas only minimal
training standards existed in the early seventies, rigorous
training programs now exist requiring 85 hours for a basic
Firefighter I class and 110 hours for basic Emergency
Medical Technical class. Advanced Firefighter III and
Cardiac Technician classes require appreciably greater hours
of training. Today’s training in both services is also much
more specialized than fifteen years ago. Firefighter
classes have developed for officers, pump operators,
hazardous materials, and ladder truck operations. EMS
classes have been developed for emergency vehicle
operations, vehicle extraction, hazardous materials, and
elevated rescue.”
Chapter 9 of the
Comprehensive Plan also includes a plan for public safety.
“The location of the Sheriff’s Office and other support
functions in the Warrenton area is an appropriate central
repository for records and administrative functions.” The
site off Midland Road is not for records or administrative
functions. Midland Road (Route 610) is designated in the
Comprehensive Plan as a major collector.
Following Virginia Code
Section 15.2-2232 review for Comprehensive Plan compliance,
the County could make a determination that the proposed
public facility is in conformance with Chapter 9 of the
County’s Comprehensive Plan. Chapter 9, Public Facilities
and Utilities, anticipates the need for a public safety
facility for the residents of Fauquier County. Even though
the Comprehensive Plan does not designate a location for
such a facility, Fauquier County places an emphasis on the
public safety needs of the County and the economical and
efficient use of public funds, for which this proposal
satisfies both.
The Planning Commission made
a finding that the proposed use in this location is not
substantially in conformance with the Comprehensive Plan.
This finding is forwarded to the Board which must either
concur with or overrule the Planning Commission’s finding.
Environmental Impacts:
As part of the previous
Special Permit approval process, Range 82 submitted a Lead
Management Plan. The plan was required to be prepared in
accordance with the U.S. Environmental Protection Agency
(EPA) issued publication EPA-902-B-01-001 “Best Management
Practices for Outdoor Shooting Ranges.” The Plan has been
reviewed by the County Engineer’s office to ensure it was
prepared in accord with the aforementioned standards. The
applicant is proposing to use the same procedures prescribed
in the plan to apply to the new facility.
The County Engineer’s office
review of the applicant’s Lead Management Plan is summarized
in Attachment 9. The on-site practices appear to be
consistent with EPA guidelines for lead management; however,
there is a need to improve record-keeping and follow-up
measures. A condition has been drafted addressing this and
other environmental concerns. It would require the
applicant to have an approved plan in place prior to
commencement of any new activities.
The applicant’s Lead
Management Plan provides that all monitoring results and any
proposed corrective measures are subject to the review of
the Zoning Administrator. The Zoning Administrator may, at
her discretion, request additional input or analysis from
the EPA, State Health Department, or other qualified
independent testing/remediation service in order to
determine an appropriate response to documented test
findings. One of the conditions drafted for consideration
requires the applicant to submit a plan of corrective action
should the Zoning Administrator note a pattern of increasing
concentrations of lead or arsenic. If subsequent testing
demonstrates that the approved corrective measures have
failed to stabilize or reduce lead and arsenic
concentrations, the Zoning Administrator may require the
applicant to fund the hiring of an independent expert
mutually agreed upon by the applicant and the Zoning
Administrator to develop a corrective action plan. If
subsequent testing continues to show contamination, the
Special Permit/Special Exception approvals would be docketed
for reconsideration.
Range 82 opened for business
on October 30, 2008. Information provided by the applicant
in March 2009 shows that the range was actually utilized
about 1/3 of the available days (35 days out of 103 possible
days), and that the average number of shooters on any given
day of use was about 10 versus the 75 maximum shooters
permitted per day under the existing Special Permit. As
operations for the first four months are far below the
maximums allowed under existing permits, it is difficult to
fully assess the impacts of the existing operation at this
point. Despite low usage, it appears 100,000 rounds have
already been fired.
Staff has consulted with the
County Engineer’s office and it appears that any potential
contaminants in the fire training areas (i.e., water, ash,
soot) would be handled through normal stormwater management
and best management practices. A condition has been
proposed that all run-off from the vehicle crash area will be directed to an
oil/water separator if actual vehicles are used for
simulations.
Special Exception/Special
Permit Analysis:
Article 5-006, General
Standards
General standards seek to
ensure that the requested use does not adversely affect
neighboring properties. The proposed use is located in a
rural area on 50 acres of a parcel containing 238.24 acres.
On April 6, 2005 the existing Range 82 facility was approved
by Special Permit following the findings of the Board of
Zoning Appeals that the General Standards outlined in this
Section of the Zoning Ordinance had been met. The Board of
Supervisors need to determine if the increase in use will
satisfy these same General Standards (Section 5-006).
Category 5 (#SPEX09-CR-002)
Outdoor Technical Training Facility:
Article 5-501, Standards for
All Category 5 Uses
All off-street parking and
loading areas, swimming pools and tennis courts and similar
facilities shall be effectively screened and shall not be
located in any required yard in all Residential and Rural
Districts.
All parking and loading
areas are located outside of any required yard and will be
required to be screened from view.
Article 5-502 Additional
Standards for All Category 5 Uses Other than Pre-School/Day
Care Center/Nursery School
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No structure used for or
in conjunction with the use shall be located within 100
feet of any adjoining property which is in a Residential
or Rural District.
This has been included as a
condition of development.
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The site shall have
minimum road frontage as required for the site’s zoning
district, on a road designated as a major collector in
the Comprehensive Plan, unless the Board of Supervisors
or the Board of Zoning Appeals find that the type and
amount of traffic generated by the facility is such that
it will not cause an undue impact on the neighbors or
adversely affect safety of road usage.
The property has frontage on
Midland Road (Route 610) which is classified as a Rural
Major Collector in Chapter 10, Map 10.1 of the Comprehensive
Plan.
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All off-street parking
and loading spaces, swimming pools and tennis courts and
similar faculties shall be effectively screened and
shall not be located in any required yard in all
Residential and Rural Districts.
Duplicate standard (see
5-501 above).
Article 5-505 Additional
Standards for Technical Schools (Outdoor)
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The minimum lot size
requirements shall be five (5) acres.
The parcel contains
approximately 238 acres.
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In consideration of an
application for such a use, both safety and such factors
as noise, vibration, dust and appearance will be taken
into account and appropriate conditions imposed with
respect thereto.
As part of the Special
Permit approval process, Range 82 contracted Engineering
Consulting Services, Ltd. (ECS) to perform extensive sound
measurements of various firearms discharged at the range
areas. Sound measurements were recorded at 39 locations at
varied distances and directions from the sound source. The
report concluded that all recorded decibel levels were
within the noise standards outlined in the Zoning
Ordinance. The ECS report is included as Attachment 6.
Category 11, (SPEX09-CR-003)
Public Uses:
Article 5-1101, Additional
Submission Requirements
In addition to the
submission requirements set forth in Section 001 above, all
applications for Category 11 public uses shall be
accompanied by a statement by an officer of the governmental
body who shall be present giving the exact reasons for
selecting the particular site as the location for the
proposed facility, including any alternatives considered.
Statement is included as
Attachment 2.
Article 5-1102, Standards
for All Category 11 Uses
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For public uses, it
shall be concluded that the proposed location of the
special permit/special exception use is necessary for
the rendering of efficient governmental services to
residents of properties within the general area of the
location.
The Statement of
Justification included as Attachment 1 explains the County’s
need for such a facility.
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In or abutting the Rural
and Residential District, all open off-street parking
and loading areas shall be no closer than 25 feet from
any lot line and shall be effectively screened.
Parking will be provided
on-site. There is a buffer required from all property lines
and no facilities will be located in any required yard.
Actual compliance shall be verified at the time of site plan
approval.
Article 5-1105, Additional
Standards for Libraries and Public Safety Facilities
The facility shall have
direct access to a road designated as a major collector (or
higher) in the Comprehensive Plan unless the Board of
Supervisors or the Board of Zoning Appeals finds that the
type and amount of traffic generated by the facility is such
that it will not cause an undue impact on the neighbors or
adversely affect safety of road usage.
The property has frontage on
Midland Road (Route 610) which is classified as a Rural
Major Collector in Chapter 10, Map 10.1 of the Comprehensive
Plan.
Category 20 (#SPEX09-CR-004), Public Utilities
Article 5-2001, Additional
Submission Requirements
1.
Four (4) copies of a map showing the utility system
of which the proposed use will be an integral part, together
with a written statement outlining the functional
relationship of the proposed use to the utility system.
This standard applies to
utility systems.
2.
Four (4) copies of a statement, prepared by a
certified engineer, giving the basic reasons for selecting
the particular site as the location for the proposed
facility and certifying that the proposed use will meet the
performance standards of the district in which located.
A letter certified by James
R. Ashley, P.E. (Attachment 4) has been included with the
submission. The letter provides the basic reasons for
selecting this particular site and certification that the
proposed use will meet the performance standards of the RA
zoning district.
Article 4-505Airport Safety
Zone Height Limitations and Use Restrictions
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4-505 (A) |
No structure shall be
erected that will penetrate the floor of any zone. |
The range will be
within the horizontal zone. The floor of this zone
is 150 feet. The “towers” used to monitor ranges
are actually small covered platforms. These
structures will not exceed 15 feet in height.
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4-505 (A) |
There shall be no
construction within 20,000 feet of the runway of
towers, mono-poles, silos or other similar tall
structures without approval of the Federal Aviation
Administration. |
No such structures
are proposed. |
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4-505 (B)(1) |
No use shall be made
that will create electrical interference with
navigational signals or radio communications between
the airport and aircraft. |
No equipment is
proposed that should interfere with navigation or
radio communication. |
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4-505 (B)(2) |
No use shall be made
that diminishes the ability of pilots to distinguish
between airport lights and other lights. |
Lighting will be for
evening security purposes only. |
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4-505 (B)(3) |
No use shall be made
that will result in a glare in the eyes of pilots. |
Berms, observation
platforms, and the “no blue sky” platform will be
built out of non-reflective materials. |
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4-505 (B)(4) |
No use shall be made
that will impair visibility in the vicinity of the
airport. |
Complies. |
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4-505 (B)(5) |
No use shall be made
that creates the potential for bird strikes. |
There is nothing that
should cause birds to congregate at the facility and
then simultaneously flush. |
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4-505 (B)(6) |
No use shall be made
that endangers or interferes with takeoff, landing,
or maneuvering aircraft in the vicinity of the
airport. |
The range is designed
with safety in mind. Rifles and pistols do not
shoot toward the airport. |
Staff and Review Agency
Comments:
Zoning Office
1. Zoning Staff confirms the
following:
a. The property is zoned RA/Rural
Agriculture and, according to the Commissioner of the
Revenue records, is in land use taxation.
b. Surrounding properties are zoned
RA/Rural Agriculture, with the 160-acre property immediately
to the east in a Board of Supervisors’ Open Space easement.
c. The existing firing
range (outdoor recreation use only) was approved by special
permit (SPPT05-CR-025) on June 2, 2005 and site plan
(SPMA06-CR-008) on March 28, 2008.
d. The proposed use
requires Special Exception approval to allow:
i. Range and Fire
Training §3-305.5;
ii. Public Safety Facility
§3-311.16;
iii. An aboveground water
tank Utilities §3-320.3.
Noted, no action required.
3.
The proposed Special Permits and Special Exceptions
must be evaluated pursuant to the following standards in the
Zoning Ordinance:
a. Outdoor
Recreational Range
i. Section 5-006 General
Standards for All Special Permits and Exceptions;
ii. Section 5-901
Standards for All Category 9 Uses;
iii. Section 5-904
Additional Standards for Firing Range, Skeet or Trapshooting
Facility.
b. Technical School
(Outdoor)
i. Section 5-006 General
Standards for All Special Permits and Exceptions;
ii. Section 5-501
Standards for All Category 5 Uses;
iii. Section 5-502
Additional Standards for All Category 5 Uses Other than
Pre-School/Day Care Center/Nursery School;
iv. Additional Standards
for Technical Schools (Outdoor).
c. Public Safety
Facilities
i. Section 5-006 General
Standards for All Special Permits and Exceptions;
ii. Section 5-1101
Additional Submission Requirements;
iii. Section 5-1102
Standards for All Category 11 Uses;
iv. Section 5-1105
Additional Standards for Libraries and Public Safety
Facilities.
d. Public Utilities
i. Section 5-006 General
Standards for All Special Permits and Exceptions;
ii. Section 5-2001
Additional Submission Requirements;
iii. Section 5-2002
Standards for All Category 20 Uses.
Zoning Staff defers to
Planning Staff for the evaluation of standards.
An analysis of these Zoning Ordinance standards is provided
within the previous “Special Exception/Special Permit
Analysis” section of the staff report.
4.
The approval should clarify the extent of the
property included under the special exception approval.
The application indicates the entire property is included
and the plat shows the entire property; however, other
information suggests that only 50 acres is intended to be
covered by the permit.
A condition of approval will specify that this approval is
for the areas shown on the Special Exception/Special Permit
plat.
Engineering
Conditions of Approval:
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The shooting range is not
to be located in wetland areas.
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The shooting range will
follow the EPA’s “Best Management Practices for Lead at
Outdoor Shooting Ranges” document for lead management.
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Run-off from the shooting
range will be directed to a Stormwater Management (SWM)
facility(s) that will be tested for lead.
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All run-off from the
vehicle crash area will be directed to an oil/water
separator if actual vehicles are used for simulations.
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Natural drainageways are
to be protected to the maximum extent practical.
These will be included as
proposed Special Permit/Special Exception Conditions of
Development.
Findings/Recommendations:
1.
There are soils present on the site that are
characterized as hydric and potentially having hydric
inclusions, which indicate the possibility of wetlands.
2.
Special Permit approval conditions require quarterly
groundwater well and stormwater run-off monitoring for lead
to be filed with the Zoning Administrator. The tests have
been submitted to the Zoning Administrator and are currently
being reviewed.
Noted. The applicant is
working with the Zoning Administrator to address.
Future Actions:
1.
A Jurisdictional Determination (JD) will be required
as it appears that the previous JD issued for the existing
Range 82 site plan did not include the areas proposed for
the fire training areas. If wetlands are present, evidence
that all applicable permits have been acquired will be
required prior to site plan approval. (FCDSM 201.8 #4)
2.
Any SWM/BMP facility that receives run-off from the
burn building training exercises will have to be sized so
the run-off from the fire fighting activity will not impair
the design function of the stormwater management facility.
(FCDSM 201.8 #11 and 204.1 #2)
3.
All new/expanding uses of the existing Range 82
operation to facilitate the public safety training facility
will be required to meet State and local Stormwater
Management/Best Management Practice (SWM/BMP) design
criteria.
These will all be
addressed during the site plan process.
Soils
Based on the Fauquier County
Soil Survey, 71% of the site is rated “Not Suited” for
general development using conventional septic tanks and
drainfields; 29% of the site is rated “Poor.” The major
limitations are depth to water table, depth to bedrock and
shrink-swell potential. 18% of the site is mapped as hydric
soils and 53% of the site is mapped as soil units with the
potential for hydric soil inclusions. Hydric soils are
indication of the possible presence of jurisdictional
wetlands. The presence of jurisdictional wetlands will
reduce the amount of area available for development. 16% of
the site is mapped as soil units with a “Low” potential for
shrink-swell; 29% “Moderate”; 39% “High”; and 15% “Very
High.” For soils rated as moderate or higher, prior to
issuance of a building permit, the soils will have to be
tested to determine the severity of shrink-swell or
foundations designed for shrink-swell soil conditions.
Noted, no action required.
VDOT
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The application does not
appear to address the increased traffic generation to
the site.
2.
The application is
indicating that the site has an entrance that will not need
to be upgraded, but that is not correct. Although there is
an approved site plan for an entrance that will be in
conformance with our standards in the Minimum Standards
of Entrances to State Highways, the entrance has not
been constructed. The entrance will need to be constructed
as shown on the approved site plan.
In discussions with the
Virginia Department of Transportation (VDOT) and the
applicant, VDOT has determined that what is on the approved
site plan will be adequate to accommodate up to 150 vehicle
trips per day. If additional upgrades are needed, they will
be addressed with future site plans.
Health Department
Range 82 is operating with a
temporary pump and haul to expire in August 2009. To expand
this facility Range 82 will need to reassess the population
they are to serve and have a new plan submitted to the
Fauquier County Health Department. It will also be required
that the new drainfield plan be installed prior to the
facility operating.
The existing drainfield is
permitted for 80 people. Dominion Soil Science has
investigated the site and found additional drainfield areas;
however, at this time these areas have not been permitted by
the Health Department. The applicant states it is their
intent, should these applications be approved, to permit the
additional areas in conjunction with the site plan amendment
that will be required. Also any additional drainfields will
be sized to accommodate the maximum allowable persons
including a 200% reserve as required by code.
Planning Commission Action
March 26, 2009:
The Planning Commission
discussed this item at its work session where they voiced
concerns regarding the number of ranges, hours of operation,
sound, and details of the lease agreement. A public hearing
was held where eight people spoke in opposition of the
request. The speakers were concerned about noise and
property values. One petition was submitted in opposition
of the request and several letters in opposition were
received from members of Ebenezer Baptist Church. These
items are included as Attachment 11. The public hearing was
closed.
Planning Commission Action
April 30, 2009:
The Planning Commission
discussed this item at its work session where several
Commissioners reiterated their previous concerns regarding
the location, number of ranges, hours of operation, sound,
and details of the lease agreement. The Planning Commission
unanimously voted to recommend denial of the applications.
It was stated that the site did not meet the guideline to
efficiently and economically serve the greatest number of
residents. Furthermore, it was felt that the fire-training
facility would put the County and citizens at unnecessary
risk being located on leased land. Overall, the Planning
Commission did not believe this was a good location for the
use.
Summary and Recommendation:
If the Board of Supervisors
wishes to recommend approval of the applications, staff
recommends doing so subject to the conditions of approval
contained in the attached resolution. The conditions of
approval, as drafted, require an approved Lead Management
Plan prior to commencement of any new activities on-site.
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