PUBLIC HEARING AGENDA REQUEST

Owners/Applicants:

Board of Supervisors Meeting Date:

Elk Mount Farm, LLC & William C. Patton (Owners)
Lee Hollander/Range 82, LLC (Applicant) 

July 9, 2009

Staff Lead:

Department: 

Holly Meade, Senior Planner

Community Development

 

Magisterial District:                                                                                                            PIN:
Cedar Run                                                                                                        7819-66-3353-000
                                                                                                                                   

Service District: 
None                                                                                                                                      

 

Topic:  
A Resolution to Consider SPEX09-CR-013, SPEX09-CR-014, SPEX09-CR-015, SPPT09-CR-030  and CCRV09-CR-003 – A Category 5 Special Exception to Allow for an Outdoor Technical Training Facility, a Category 11 Special Exception to Allow for a Public Safety Facility (Both Emergency Services and Sheriff’s Office Facilities), and a Category 20 Special Exception to Allow for an Aboveground Water Storage Facility;  an Amendment to an Approved Special Permit to Reconfigure an Existing Range Area, Add a Range Area, and Add Limited Storage of Firearms and Ammunition; and a Comprehensive Plan Conformance Determination in Accord With Code Of Virginia, Section 15.2-2232 As To Whether the Location of These Facilities on This Property is Substantially in Accord With the Comprehensive Plan

Project Update:
The applicant has worked with the owners of Elk Mount Farm, LLC and has secured a twenty (20) year lease for three (3) to five (5) acres for the fire training facilities.  The land would be sub-leased to Fauquier County by a new Limited Liability Company (LLC) that Range 82 would form.  Range 82, LLC has had ongoing meetings with the Cedar Run Supervisor in an attempt to address the concerns that were raised at the June 11, 2009 public hearing.  At this time, the current applications have not been amended.

 

Topic Description/Analysis:
See staff report dated June 11, 2009, contained in Attachment 1a.

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

zoningmaprange.jpg

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. 

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.

Board of Supervisors Action June 11, 2009:

The Board of Supervisors held a work session where they were briefed on the applications by staff.  A public hearing was held at which seven individuals spoke in opposition to the request citing noise, safety and existing violations on the property as their major concerns.  One individual spoke in favor of the request, stating the County would reap benefits by having a safe place to train that in turn would increase the County’s tax base.  The applicant’s representative spoke on behalf of his clients.  The Cedar Run Supervisor stated that he was not comfortable with the applications and had concerns about the safety of the facility.  The Supervisors voted unanimously to postpone action on the application until the July public hearing. 

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.   

If the Board of Supervisors wishes to recommend denial, a resolution has been prepared for that action as well.

 

Requested Action of the Board of Supervisors:   

Conduct a public hearing and consider the attached resolution for approval and resolution for denial.  

 

Identify any other Departments, Organizations or Individuals that would be affected by this request:

Fauquier County Sheriff’s Office
Department of Emergency Services
Commissioner of the Revenue
Area Residents and Businesses

 

Attachments:

1a.    Board of Supervisors Staff Report dated June 11, 2009
 

1.         Statement of Justification

2.         Statement From County Official Addressing Site Selection

3.         Map Showing 1 Mile Radius

4.         Statement From Engineer Addressing Site Selection

5.         Conceptual Development Plan Dated June 24, 2008

6.         ECS, Ltd. Report of Sound Study Dated March 24, 2005

7.         ECS Mid-Atlantic, LLC Pre-Construction Sampling Results Dated September 25, 2008

8.         Applicant’s Response to Planning Commission Issues

9.         County Engineering Comments on Applicant’s Lead Management Plan

10.        Aerial Showing Shooting Location and Distance to Various Adjoining Properties

11.        Petition and Letters Received from Citizens

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