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The Special Exception was
issued with the following conditions in 2002:
1.
The hunting preserve is to be managed by the
applicant, Neil Selby of the Shady Grove Kennel and Hunting
Preserve, who is the property lessee. This Special
Exception does not transfer with any change in management,
nor does it convey with the applicant to other properties.
2.
This special exception shall be granted for a
five-year period, with review and renewal subject to Section
5-012 of the Zoning Ordinance.
3.
The number of employees on-site at any time shall not
exceed twelve.
4.
All dogs housed on-site and used for this operation
shall be kept in kennel facilities, which are maintained in
accordance with all applicable state and local regulations
governing such use.
5.
There shall be on-site caretakers at all times as
long as the dogs are kept on the property.
6.
The use shall be in general conformance with the
proposed schematic plan submitted and on file with the
Department of Community Development.
7.
All on-site facilities and operations shall be in
accordance with all applicable state and local regulations
at all times.
8.
Appropriate outward facing signage shall be
maintained on all property boundaries indicating the use.
9.
The hunting preserve shall be limited to bird hunting
and the use of shotguns with birdshot only.
10.
The hours of operations for the hunting preserve
shall be limited from 8:00 a.m. to 5:00 p.m. from September
through April 20 of each year.
11.
The sporting clay facility is limited to one course
with hours of operation from 8:00 a.m. to 8:00 p.m.
12.
A one hundred-yard buffer zone for safety shall be
provided and maintained around all perimeters of the
designated hunting preserve area. All hunting activities
shall be limited to the designated hunting area and
prohibited from the buffer area, with the exception that
preserve staff may enter the buffer area without shotguns to
retrieve downed birds that fall within the buffer area.
13.
To properly secure the hunting preserve, the
applicant shall place posts every fifty yards along the
entire interior perimeter of the buffer area. Each post
shall contain a brightly colored sign indicating the
presence of the buffer zone and that no hunting is permitted
beyond that point.
14.
All lighting shall be back-shielded and downward
directed to minimize off-site impacts in accordance with the
provisions of the Zoning Ordinance.
As outlined in condition
number 2, Special Exception approval was granted for a
period of five (5) years. Since the Special Exception has
expired, the applicant is now seeking to be granted a
Special Exception to allow for the continuation of their
use.
The applicant has stated
(Attachment 1) that operations will continue as outlined in
previous renewals with the exception of an additional
manager, Leslie Carter. In addition, he has asked that the
time restriction be removed from the conditions. The
applicant has stated that the business has been successfully
operating for nineteen years without incident or complaint.
The preserve releases quail
and pheasant for hunting. State law only allows this
hunting to take place from September 1st through
April 30th. The applicable State laws regulating
this activity are included in the applicant’s statement of
justification. The statement indicates that all hunters are
accompanied by trained dogs that are housed and trained on
the property, and that hunting takes place only during the
day and is restricted to shotgun use. The statement
indicates that all hunters are accompanied by trained guide
dogs and that there is no hunting within 100 yards of any
property line.
The application states that
an integral part of the operation of the preserve is a
sporting clay shooting course, and this is open for
operation year around. The applicant asks that the clay
course be allowed to continue operating from 8:00 a.m. to
8:00 p.m. as outlined in Condition 11 of the 2002 Special
Exception issued to the applicant.
The applicant’s statement
concludes by stating that with respect to noise, the design
of the preserve, in conjunction with the presence of guides,
minimizes the noise issues inherent in the operation of a
hunting preserve by insuring that property lines and a
100-yard buffer zone are observed.
Site
History:
As previously stated, the
original Special Exception was issued in 1990, renewed in
1999 and again in 2002. All three previous Special
Exception approvals were issued for a Category 9, Outdoor
Recreation, Special Exception. Upon initial receipt of the
current application the Zoning Administrator determined a
Category 9 Special Exception was necessary to cover the
hunting preserve (3-309.13) and a Category 13 Special Permit
was necessary to cover the kennel portion of the operation
(3-313.1). The application has been amended to include the
appropriate categories.
In October of 1998, the
Fauquier County Board of Supervisors issued a Special
Exception under Section 3-320.5 of the Zoning Ordinance to
Virginia Power to construct and operate an electrical power
generating facility on the 225 acre tract (PIN
#6898-21-1913-000). A Special Permit was issued by the
Board of Zoning Appeals in February 2009 and a site plan is
currently under review for the Dominion Virginia Power
staging area (temporary material receiving and distribution
facility) on the 44 acre industrially zoned portion of PIN
#6888-83-5891-000.
The applicant also operates
the reserve on an additional property owned by Old Dominion
Electric Corporation (ODEC) containing approximately 250
acres under a separate Special Exception. That Special
Exception was last renewed in 2006 and expires in 2014 due
to extensions associated with recent state regulations.
Location, Zoning and
Current Land Use:
The two parcels are zoned
Rural Agricultural (RA) and Industrial (I-1). PIN
#6898-21-1913-000 contains approximately 225 acres and is
zoned Rural Agricultural (RA) and is the site of the
Virginia Power electrical peaking facility. PIN
#6888-83-5891-000 contains approximately 277 acres and is
zoned a combination of RA (233 acres) and I-1 (44 acres).
The Industrial zoned portion of the property on this PIN is
the site of the Virginia Power electrical power staging
area.
Surrounding Zoning and
Current Land Use:
Surrounding parcels to the
north are zoned Rural Agricultural (RA) and are used for
agricultural, residential and industrial purposes. Luck
Stone’s crushing plant is located adjacent to the larger
parcel. Parcels to the east are zoned RA and are used for
agricultural and residential purposes. Land to the south is
zoned a combination of Rural Agricultural (RA) and
Residential (R-1) and used for a combination of agricultural
and residential purposes. Land to the west is zoned
Industrial (I-1) and is the location of the former Trinity
Plastics plant. That property is currently being used by
multiple users, such as Fast Fabricators and a stone mason
product company.
Comprehensive Plan:
The larger of the two
parcels (PIN #6888-83-5891-000) serves as the northeastern
boundary of the Remington Service District. It is planned
for Industrial and Park/Open Space purposes. Currently,
with the Shady Grove Kennel and Hunting Preserve operation
on these properties and the adjoining ODEC property
containing approximately 250 acres, over 750 acres are being
maintained as open space.
Staff and Review Agency
Comments:
Staff and appropriate
referral agencies have reviewed this request for conformance
with the Comprehensive Plan, the Zoning Ordinance, and other
relevant policies and regulations. Findings, comments, and
recommendations are summarized below. Following each comment
is a staff note in italics stating how the comment has been
addressed.
Zoning
1.
The properties are zoned RA/Rural Agricultural,
except for the westernmost 900-1000 feet of PIN
#6898-64-9191, which is zoned I-2 Industrial. The proposed
uses are allowed with a Special Exception and Special Permit
on the RA portions of the property only. A significant
portion of the easternmost parcel (PIN #6898-21-1913) is
located within the 100-year floodplain. A small portion of
that floodplain also extends into the second parcel.
No hunting is occurring on
the Industrial zoned property.
2. The following Zoning Ordinance
standards are applicable:
Hunting Preserve
a. 5-006 General Standards for all
Special Exceptions and Special Permits;
b. 5-901 Additional Standards for all
Category 9 Uses;
c. 5-913 Additional Standards for
Commercial Hunting or Fishing Preserves.
Kennel
a. 5-006 General Standards for all
Special Exceptions and Special Permits;
b. 5-1301 Additional Standards for
Kennels.
Zoning Staff defers to
Planning Staff for review of the standards, but would note
that insufficient information was provided in the written
routed materials to determine compliance with standards.
Planning staff has provided an
assessment of the applicable standards listed below.
Planning
Assessment of the
aforementioned Zoning Ordinance Sections are listed below:
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 a combined 504 acres. The business has been
in operation since 1990 without incident or complaint. The
Special Exception was originally granted in 1990, renewed by
the Board of Supervisors in 1999 and again in 2002. The
applicant is not proposing to increase the intensity of the
use.
Article
5-901, Additional Standards for all Category 9 Uses:
1.
No off-street parking or
loading space shall be located within fifty (50) feet of any
adjoining property which is in a Residential District.
The closest parking/loading spot is over 250 feet from Lucky
Hill Road which is the nearest property line.
Article
5-913, Additional Standards for Commercial Hunting or
Fishing Preserves:
1. Appropriate
noise and safety buffers shall be provided depending on the
nature and intensity of the use.
There is a one hundred yard
buffer area surrounding the hunting preserve and adjacent to
all property lines. The buffer area is clearly marked and
there is a condition of approval requiring such posting.
2. For bird
shooting activities steel pellets shall be required when
circumstances warrant.
Lead bird shot is used for
both bird shooting and clay shooting, except when shooting
over water when steel is used. Staff has spent significant
time researching lead control measures. It appears there is
very little information related to lead control on hunting
preserves, unlike with firing ranges. The applicant is
prepared to address any specific concerns of the Board of
Supervisors. Staff would note that the preserve is licensed
under the Department of Game and Inland Fisheries.
Article 5-1301, Additional
Standards for Kennels:
1.
The minimum lot size
requirement shall be two (2) acres, except in the R-1 zoning
district, where the minimum lot size shall be twenty (20)
acres.
The parcel on which the dogs
are housed contains approximately 277 acres.
2. a. In all zoning districts other than
R-1/Residential, no structure for the confinement, care or
breeding of dogs, and no associated structure shall be
located closer than 75 feet to any lot line, except that
this requirement shall not apply to structures which are
completely enclosed, adequately soundproofed, constructed,
and maintained so that there will be no emission of odor or
noise detrimental to other properties in the area.
The kennel is over 400 feet from the closest property line
and is not completely enclosed.
b. In the
R-1/Residential zoning district, all dog confinement areas
and dog runs shall be located within enclosed structures,
adequately soundproofed, constructed, and maintained so that
there will be no emission of odor or noise detrimental to
other properties in the area, and no such structure shall
be located closer than 200 feet to any lot line.
The property is zoned RA; this
standard is not applicable.
2.
All dogs shall be kept in pens designed and maintained for
secure confinement.
The dog pens appear to be maintained for secure
confinement. There is a caretaker on the property 365 days
a year, 24 hours per day. Pictures of the pens are included
as Attachment 8. The applicant states he has never had any
problems with dogs escaping.
3.
In consideration of an application for a permit, the BZA
shall take into account the numbers and kinds of dogs
proposed to be kept and the characteristics thereof and may
prescribe conditions with respect thereto.
The owner states he will never
have more than fifty bird dogs kenneled at any one time.
4.
Maximum of ten (10) dogs per
acre.
As the owner has previously
stated, no more than fifty dogs will ever be housed at any
one time. This has been included as a condition of
approval.
5.
Waste from operations must be
collected and contained so as not to pollute the
environment.
The kennels are washed twice a
day and disinfected once a week. The Department of Health
has offered no comment. The waste is removed from the
property and hauled to the County landfill.
Soils
No comment.
Erosion and Sediment
Control
No comment.
Virginia Department of
Transportation (VDOT)
Staff has completed review
of this submission of the referenced project. We find no
proposed changes that will impact VDOT facilities so we have
no concerns regarding this request for a special exception.
Parks and Recreation
There appears to be no effect
on the recreational needs of the county, therefore the
department has no substantial comments to submit at this
time.
Emergency Services
This
office does not oppose the special exception request. No
exceptions noted at this time.
Planning Commission Summary
and Action of September 24, 2009:
The Planning Commission
discussed this item at its work session. A public hearing
was held where only the applicant spoke. The Planning
Commission expressed concern regarding shooting guns over
large areas of water. It was clarified that state laws
requires the use of steel shot when shooting over water.
The application was forwarded with a unanimous
recommendation of approval, subject to a series of
development conditions.
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 do
reflect the changes requested by the applicant and
recommended by the Planning Commission. |