Marathon Warren County Planning Commission meeting wins Firearms Training Facility blessing, thumbs down on Browntown Development requests

A capacity crowd watched intently as the Warren County Planning Commission Worked through a long agenda Wednesday night, November 10, at the Commission’s regular monthly meeting. The usual practice of reviewing and approving Authorizations to Advertise (there were 7) was modified to create a consent agenda and conduct a vote on all of them at once to make room for an unprecedented wave of Conditional Use Permit (CUP) requests.

A capacity crowd attended Wednesday’s Warren County Planning Commission meeting. Although standing room only, the group was civil, respectful, and polite.

The commission was asked to consider a conditional use permit request from a local gun shop owner. Travis Dodson, who owns Middletown Firearms, LLC, has requested a CUP for a Commercial Outdoor Recreation Operation on his Agriculturally-zoned property at 650 Water Plant Road in the North River District. The operation would consist of a private outdoor gun training facility and classroom. The facility would operate year-round and would only be available to those who have made reservations for private classes and appointments. It would not be a public gun range for citizens or walk-ups. Planning Director Joe Petty reviewed the request for the commission and said that the request has been reviewed by the Lord Fairfax Health District, the Virginia Department of Environmental Quality, County Building Inspectors, and VDOT, each of which has provided input to the recommendations that the Planning department included in its staff report. He also reported that the department had received a petition supporting the proposal with 33 names on it.

Karen Beck-Hertzog of the National Park Service outlines her concerns about a gun training facility near the Belle Grove Plantation Historic site.

When Chairman Richard Myers opened the floor for the public hearing, 21 citizens had signed up to speak. Six of those speakers expressed opposition to the proposal, including Karen Beck-Hertzog of the National Park Service. She was opposed to the proposal due to the proximity of “persistent firing”, which could cause potential park visitors to choose not to visit the Belle Grove Plantation. Ashley Sonntag and Kristen Laise of the Belle Grove facility echoed this concern. Perhaps ironically, Belle Grove Plantation itself hosts Civil War Battle reenactments using rifles and cannons in October of each year.

In addition to letters of support from the Frederick County Sheriffs Office, there were 11 letters of support for the project. Nearby homeowners were mixed in their support or opposition, about one-third opposed and two-thirds supportive. One suggestion was that creating an indoor firing range would seem to resolve the noise concerns, but the applicants countered that the construction of such a facility could easily cost over $4 million and require 6000 to 8000 square feet of space. Once the public hearing was closed, Commissioner Kersjes asked several questions about the project and the construction standards for it. He suggested that side berms around the ranges would provide a higher margin of safety and overhead baffles would reduce the likelihood of wild shots ricocheting.

The applicants assured the commissioners that they were committed to flexibility in working with the planning department and with their neighbors. They had already conducted sound testing at the property boundaries and found the noise level to be well within standards.

Travis and Ashley Dodson discuss their proposal for a commercial outdoor recreation facility for firearms training with the Planning Commission.

Chairman Myers reminded the applicants that the commission is not the final permit approval authority, the Board of Supervisors is. Conditional Use Permits are just that and can be revoked if the permitting conditions are not maintained. A site plan will be required before a zoning permit can be approved. The Commission then unanimously recommended approval of the request, which now goes to the Board of Supervisors for action.

Browntown crowd’s turn
Tension in the crowd at more than two hours into the meeting began to grow as Chairman Myers introduced the next CUP request. Edwin Wright is applying for Conditional Use Permits for two commercial campgrounds on his 150-acre property at 2905 Gooney Manor Loop in the South River District. Deputy Planning Director Matt Wendling outlined the proposal for the commission.

The applicant explained that returned to his family farm in 2010 with the intent of finding ways to keep it from being split up and sold off. He and his family intend to augment the farm’s sustainability through agri-tourism by creating primitive campsites with a network of gravel roads and hiking paths to give visitors access to hilltop views and several miles of hiking on the property. VDOT has reviewed the application and provided their comments that the road leading to the property is “a rural rustic road with poor vertical and horizontal alignment and narrow Geometry” – in other words, it is steep and narrow. It is also traffic-limited and environmentally sensitive. The existing entrance to the property on Wellspring road does not meet the requirements for the proposed use, including sight distance requirements.

When Chairman Myers opened the floodgates of the public hearing, 29 neighboring citizens were signed up to speak. All but two of the speakers were opposed to the proposal, and one of the supporters was a co-owner of the property, Diane Dryer Wright. The objections fell into four basic categories:

– The primary access road, Gooney Manor Loop, is inadequate to handle the traffic;

– Introducing a campground with, inevitably, campfires, would raise the fire safety risk of the neighborhood:

– Access by Fire/EMS units, already problematic in the Browntown area, would be further adversely impacted;

– The traffic would change from local people familiar with the terrain and the road conditions to out-of-town traffic with no idea of either.

Other people worried about the drain on already limited water supplies in the community, the lack of adequate cell service, and the noise generated by the influx of campers.

Edwin Wright, L, and Dianne Dryer Wright listen as citizens react to their proposal for Commercial Campgrounds and Event Facilities on their property on Gooney Manor Loop. A Planning Commission 4-1 majority eventually recommended denial of permits for their four proposals.

Once the torrent of public comment had slowed to a trickle, Chairman Myers closed the public hearing and turned to the commission members. Commissioner Kersjes expressed the concerns of the community for EMS service and water supply. Commissioner Richardson echoed the concern that the infrastructure just doesn’t support the proposed use. She offered a motion to recommend denial of the request, on the basis of fire safety, road standards, community opposition, and potential for water supply impact.

The commission then voted 3-1 to recommend denial, with Commissioner Joe Longo dissenting and Vice-Chairman Hugh Henry absent.

An additional Conditional Use Permit request by Edwin Wright was for a Rural Events facility on the same piece of agriculturally zoned property at 2905 Gooney Manor Loop in the South River District. The proposal includes plans for a central pavilion and amphitheater, spaces for classes and food preparation, information stations, and a small store with supplies for visitors. The facility could be used for weddings, conferences, and other events.

As before, the Browntown residents made plentiful use of the public hearing to express their opposition to the permit, and for the same reasons – the access roads are inadequate, the traffic burden is not really understood, and the location of the property means impacts on other Gooney Manor Loop residents. After 18 citizens had expressed their opinion, with others foregoing a second comment period, Chairman Myers closed the public hearing. This time the commissioners’ comments were brief and to the point – safety, emergency access, and road width meant a motion for a recommendation of denial for the proposal and the same 3-1 vote in support of denial.

Not surprisingly at this point, Edwin Wright’s two other proposals, one for a second Commercial Campground and other Rural Events Facility on another 100-acre Agriculturally zoned parcel on Wellspring Road, ran into the same wall of opposition from residents during the public hearing. A total of 35 residents voiced their now-familiar concerns about these uses. The net result was that these two permit requests were also recommended for denial by the commission. Commissioner Richardson made a motion to recommend denial and the motion passed, again along with the same 3-1 parameters. The four recommendations for denial will now go to the Board of Supervisors for final action. Supervisors Chair Cheryl Cullers of the South River District did observe the entire meeting. And as Commission Chairman Myers noted earlier, the commission only recommends action by the supervisors. Their vote does not mandate it, so it remains to be seen how the Board of Supervisors will respond to the recommendations they receive from the planning commission.

Other business
The Commission did act favorably in recommending approval for four other permit requests.

Carl and Jennifer Ey are requesting a Conditional Use Permit for a Rural Events Facility on their Agriculturally zoned property at 1406 Panhandle Road in the South River District. Deputy Planning Director Wendling briefed the commissioners on the request, which would enable them to operate an events facility on a 41-acre parcel adjoining their two short-term tourist rental properties. The applicants envision events with up to 200 guests and are experienced operators of small-event venues they currently own in Page County. The closest neighbor is approximately 3800 feet away from the site. After a brief discussion, the commission voted unanimously to recommend approval of the request.

Michael and Leslie Hofbauer have requested a conditional use permit for a short-term tourist rental for their Agriculturally-zoned property at 223 Chapel View Drive in the Shenandoah District. The applicants Indicated they wish to rent out their home while they are traveling. They intend to manage the property themselves but will have a handyman to contact in case of emergencies.

When the public hearing was opened one neighbor from an adjoining property spoke. Dan Riordan was concerned about a shared pond between the properties and the potential liability for injury or death of a guest. He did not object to the permit but suggested that prohibiting boating or swimming in the pond by guests would reduce the liability. The applicant indicated that he was also researching the cost of liability insurance for that risk. The commission then voted unanimously to recommend approval, subject to the Planning Department’s requirements.

The Commission then considered a Text amendment to Chapter 180 (Zoning Ordinance) of the Warren County Code. The text amendment would add “Gunsmithing Services” as a use allowed by conditional use permit in the Residential (R-1) zoning district. This is already an existing use in Agricultural zoning districts but there have been no definition or supplemental regulations for it.
The amendment would add those supplemental regulations for the safety and security of the surrounding neighborhood. Prohibitions against the discharge of firearms would still be in effect in those areas of the county where they exist. The commission unanimously recommended approval of the text amendment, which now goes to the Board of Supervisors for final approval.

Lorne Cooper has applied for a CUP for the operation of a gunsmithing service at his residentially zoned property at 49 Wild Cherry Way in Linden, in the Shenandoah District. The application is dependent on the approval of the zoning ordinance text amendment. The services would be conducted in an accessory structure and would not alter the appearance of the premises. Also, there will be no discharge of firearms on the property. The Property Owner’s Association had been asked for their input on the proposal and had approved the use. After a brief discussion, the commission unanimously voted to recommend approval or the permit and it will be forwarded to the Board of supervisors for approval.

Michael Blevins has applied for a CUP for his residentially zoned property at 267 Trillium Trail road in Linden, in the Shenandoah District. The 4-acre property is the applicant’s second home and would be rented through a property management company with a positive record. The dwelling is in a secluded setting on the property and is at least 230 feet from the nearest neighbor. A short public hearing with no speakers was followed by a motion by Commissioner Kaylee Richardson to recommend approval. The vote was 4-0 in support of approval, and the permit request can now go to the Board of Supervisors.

Finally, well after midnight, the commission considered a text amendment to Zoning Ordinance Chapter 180 to include and define “substantial damage” and to amend the supplemental regulations for the Floodplain Overlay District. These amendments were the result of the Planning Department’s work with the Federal Emergency Management Agency (FEMA) over the past five years on the National Flood Insurance program. Without significant discussion, the commission unanimously recommended approval to the County Board of Supervisors.

The Chairman wished everyone a happy Veterans Day, which by now it was, and adjourned the meeting.