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033-09Action: BOARD OF SUPERVISORS: October 14, 2009 X APPROVED DENIED �SO�.U'��1'�T DIRECTII�G THE PLANNING COMI�HSSION TO HOLD A PUBLIC HEARING REGARDING CHAPTER 165, ZONING ARTICLE VI —PART 606 -FOR PROVISIONS TO ADD COM1tIERCIAL RECREATION OPERATED INDOOR AS A PERMITTED USE IN THE 1VI1 (LIGHT INDUSTRIAL) DISTRICT; ARTICLE I GENERAL PROVISIONS — PART 101 - DEFINITIONS AND WORD► USAGE WFIEREAS, the Frederick County Planning Department has been directed to prepare modifications to Chapter I65, Zoning —for provisions to add Commercial Recreation Operated Indoor, as a permitted use in the M1 (Light Industrial) District and a revised definition. WHEREAS, The Development Review and Regulations Subcommittee (DRRS) recommended approval of this amendment on August 27, 2009; and WHEREAS, the Planning Commission discussed the draft ordinance on September 16, 2009 and recommended that a public hearing be held; and WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice, directs the Frederick County Planning Commission hold a public hearing regarding an amendment to Chapter 165, Zoning — for provisions to add Commercial Recreation Operated Indoor as a permitted use in the Ml (Light Industrial) District. NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to consider revisions to Chapter 165, Zoning —for provisions to add Commercial Recreation Operated Indoor as a permitted use in the Ml (Light Industrial) District and a revised definition, and forward a recommendation to the Board of Supervisors. Passed this 14th day of October, 2009, by the following recorded vote: This resolution was approved by the following recorded vote: Richard C. Shickle, Chairman Aye Gary A. Lofton Aye Gary W. Dove Aye Bill M. Ewing Absent Gene E. Fisher Nay Charles S. DeHaven,lr. Aye Philip A. Lemieux Aye A COPrI' ATTEST _. John � ey, r. Frede ck County Administrator BOS Res. ��033 -09 COUN'T'Y of FREDERICK Departgnent of Planning and Development MEMORANDUM 540/665 -5651 FAX: 540/ 665 -6395 To: Frederick County Board of Supervisors From: Candice E. Perkins, AICP, Senior Planner i,� Subject: Discussion— Commercial Indoor Recreation in the M1 District Date: October 6, 2009 Frederick County has received a request to include Commercial Recreation Operated Indoor to the permitted uses in the M1 (Light Industrial) Zoning District. Currently, this use is permitted in the B2 (Business General) and the B3 (Industrial Transition) Districts. While the requested recreation is for a dog training program, this ordinance amendment would be applicable to all types of commercial recreation. Design .standards have been included for this use when established in the Ml District. These standards address patron parking and safety, along with regulations when this use is developed in amaster- planned industrial park. A revised definition has also been included. The item was presented to the Development Review and Regulations Committee (DRRC) at their meeting on August 27, 2009. The DRRC discussed whether this type of use would be appropriate in the M1 District. They stated that certain elements of indoor recreation may be appropriate, but uses such as bowling or swimming may not be. The DRRC recommended that the hours of operation be S:OOpm to 12:OOam Monday- Friday within master - planned industrial parks. With that change, the DRRC sent the proposed amendment forward to the Planning Commission for further discussion. Planning Commission Discussion The Planning Commission discussed this item at their September 16, 2009 meeting. Commissioner Thomas questioned whether this was an appropriate permanent solution for this issue. He commented that when an operation is restricted through hours of operation, the property would be more valuable for other M1 uses; therefore, he considered this to be a very interim solution for a single application at this time while the economy is slow. Commissioner Thomas preferred to entertain a more long -term solution. He noted that equestrian training is allowed in the rural areas and questioned why indoor dog training would not be more appropriate there. Commissioner Manuel pointed out that the defmition does not limit this to training facilities, but it includes uses such as swimming pools, archery and bowling. Chairman Wilmot cautioned against letting budget costs, etc., dictate what is done with the zoning districts. Commissioner Unger preferred to see this particular amendment restricted to dog training only at this time, until some of the issues could be more thoroughly considered. Commissioner Thomas and other members of the Commission agreed. 107 lelorth Kent Street, Suite 202 •Winchester, Virginia 22601 -5000 Page 2 Frederick County Board of Supervisors Re: Commercial Indoor Recreation October 6, 2009 The attached document shows the existing Ordinance with proposed additions shown in bold italics. This item is presented for discussion. Staff is seeking comments and direction from the Board of Supervisors on this Zoning Ordinance text amendment; attached is a resolution directing the item to public hearing should the Board deem it appropriate. Attachments: 1. Proposed Ordinance Revision (§ 165 - 606.02 and §165 - 101.02). 2. Letter of request. 3. Comment from the EDC. 4. Resolution. CEP/bad ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS art 606 — M1 Light Industrial District - ._ § 165 - 606.02 Allowed Uses. ATTACHMENT 1 M1 -Light Industrial District. The intent of this district is to provide for a variety of light manufacturing, commercial office and heavy commercial uses in well - planned industrial settings. Uses are allowed which do not create noise, smoke, dust or other hazards. Uses are allowed which do not adversely affect nearby residential or business areas. Such industrial areas shall be provided with safe and sufficient access. Standard Industrial Classification Allowed Uses (SIC) Landscape and horticultural services 078 Offices and storage facilities for building construction 15, 16 and 17 contractors, heavy construction contractors and special trade contractors Manufacturing as follows: - Dairy products 202 Canned, frozen and preserved fruits, vegetables and 203 soup mixes Bakery products 205 Sugar and confectionary products 206 Beverages 208 — Miscellaneous food preparations and products, 209 excluding the following: Canned and cured fish and seafood 2091 Fresh or frozen fish and seafood 2092 Textile mill products 22 Apparel or other finished products made from fabrics 23 and similar material Lumber and wood products, excluding the following: 24 Logging 241 Sawmills and planing mills 242 Wood preserving 2491 Furniture and fixtures 25 Paperboard containers and boxes 265 Converted paper and paperboard products, except 267 containers and boxes Printing, publishing and allied industries 27 Drugs 283 Rubber and miscellaneous plastics products 30 Concrete block and brick and related products 3271 Fabricated metal products, excluding the following: 34 Coating, engraving and allied services 347 Ordinance and accessories 348 Industrial and commercial machinery and computer 35 equipment Electronics and other electrical equipment and 36 components, excluding the following: ATTACHMENT 1 Storage batteries 3691 Primary batteries 3692 Transportation equipment 37 Measuring, analyzing and controlling instruments; 38 photographic, medical and optical goods, and - _.. ___ __ watches and clocks Miscellaneous manufacturing industries 39 Local and suburban transit and interurban highway 41 passenger transportation Motor freight transportation and warehousing. _ _ _ __ __ __ _ ____ _ _ 42 Transportation by air 45 Transportation services 47 Communication facilities and offices, including 48 telephone, telegraph, radio, television and other communications Electric, gas and other utility facilities and offices and 49 trucking and warehousing Wholesale trade - Advertisingspecialties — v�holesale] 5199 Restaurants 5g Linen supply 7213 Dry - cleaning plants 7216 Business services 73 Truck rental and leasing, without drivers 7513 Tire retreading 7534 Welding. repair 7692 Agricultural equipment repair 7699 Boiler cleaning and repair 7699 Cesspool cleaning 7699 Coppersmithing 7699 Engine repair 7699 Farm machinery and tractor repair 7699 Industrial truck repair - 7699 Machinery cleaning 7699 Meteorological instrument repair 7699 Precision instrument repair 7699 Repair of optical instruments 7699 Repair of service station equipment 7699 Scale repair service 7699 Septic tank cleaning service 7699 Vocational schools 824 Business associations 861 Professional membership organizations 862 Labor unions and similar labor organizations 863 Engineering, accounting, research, management and 87 related services Testing laboratories 8734 General business offices, including corporate - government or other offices not providing services to the general public on a regular basis as the primary use Accessory retailing - Public buildings - ATTACHMENT 1 Puhlic utility distribution facilities Business signs Signs allowed in § 165- 201.066 Freestanding building entrance signs - Multi- tenant complex signs Electronic Message signs Residential uses which are accessory to allowed business uses Parks Regional criminal justice, enforcement and detention - facilities for Frederick County, Clarke County and the _ City of Winchester Industrial launderers 7218 Truck or fleet maintenance facilities _ Self- service storage facilities _ Flex -Tech Fire stations, companies and rescue squads _ Commercial Recreation. Indoor _ Article ll SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFEC USES Part 204 - Additional Regulations for Specific Uses � 165- 204.24. Commercial Recreation Indoor Commercial Indoor Recreation located in the M1 (Light Industriall Zoning District shall be subject to the following requirements: A. Parking areas for recreation facilities shall be desianated to enhance the safety of patrons as then arrive at and leave the facility; 3. Establishments shall include a desianated pickup and delivery area for all patrons in such a way that provides safe and clearly designated access to enter or exit the facility C. Recreation facilities located within a master planned industrial park shall only operate 5.OQpm 12•QOam Monday- Friday; there shall be no limitations on Saturday or Sunday ARTICLE 1 GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS Part 101- General Provisions § 165- 101.02 Definitions &word usage. COMMERCIAL RECREATION, INDOOR oGrorn-r�nn� A sports or activity facility either open to the general public for a fee or for members and their quests located in an enclosed building or structure designed to accommodate gatherinas private, fee ���^ �+ � +� { '�' +" a for athletic, training, recreational or park purposes, games, cultural activities, martial arts, swimming pools archery and the ►ike �a-t �t.�,�^ � ^ a -- +►,� +' +- � +- • +• ��r ^ fice, retail, and other uses commonly established in such facilities and related parkins shall be allowed as secondary or accessory uses. Commercial recreation may also include secondary uses such as refreshment stands equipment sales or rentals. Candice Perkins From Sent: �: mac: -- -- Subject:- - - - - -- __.._ Eric Patrick Barker, CEcD [pbarker @winva.com] Tuesday, October 06, 2009 11:22 AM Eric Lawrence Candice Perkins RE: M1 district changes Thank you for soliciting the EDC's input for this prospective zoning change to the Ml district to enable indoor recreation uses. It is the EDC's position that indoor recreation uses do not match the intent of the M1 district and is not a compatible uses with the current allowable use. The EDC's rationale is provided below. "The intent of the M1 district is to provide for a variety of light manufacturing, commercial office and heavy - - commercial uses in well - planned industrial settings. Uses are allowed which. do not create noise, smoke, dust or other hazards. Uses are allowed which do not adversely affect nearby residential or business areas. Such industrial areas shall be provided with safe and sufficient access." Undoubtedly, Winchester- Frederick County's industrial vacancy rate remains at a higher than average level. The national recession has most likely temporarily reduced the number of potential tenants and thus extended the length of many industrial vacancies. As a result of this, the EDC understands that some building owners could be facing some financial issues as a consequence. Moreover, the EDC is sympathetic that group seeking the change cannot financially afford rents in areas where the use is permitted. However, these temporary uncial facts alone should not justify permanently modifying the MI zoning district, a long term County policy document. Moreover, this change would unnecessarily mix passenger and industrial traffic. An overwhelming majority of Frederick County's industrial parks operate 24/7. Perhaps the thrust of this zoning change involves an industrial building that exists in an industrial park that does not currently operate 24/7. However, this fact cannot be assured moving forward as some industrial parks still have vacant land and the zoning change would apply to all Ml zoned properties. Frederick County needs to maintain the corporate and industrial environment of the M1 zoning district, The majority of the EDC's prospective manufacturing and industrial clients now command that properties be within a corporate industrial setting with similar uses. It is very unlikely that these types of clients would consider any indoor recreation use as a desirable neighbor and/or compatible use. Finally, Frederick County remains a location for manufacturing. Manufacturing is one of the community's largest employment segments. Manufacturing has always been the EDC's largest reactive business inquiry. In addition, an overwhelming majority of the EDC's targeted business sectors require this district. It is likely true that other adjacent and nearby areas may permit indoor recreation uses in their industrial zoning districts. It remains also likely true that these areas do not possess manufacturing as one of their largest employment segments and/or no longer see a high level of potential new industrial uses and/or do not desire such uses. EDC recommends not adapting the M1 zoning district to allow for any activity at any hour related to indoor recreation uses. The EDC is happy to provide additional comments and/or clarifications to the above, if :ded. Patric�C 540.665.0973 winva.com " Your Move. Our Commitment." - ,-rom: Eric. Lawrence [ mailto :elawrenc @co.frederick.va.us] Sent: Monday; September 21, 2009 1:16 PM Ti o: pbarker @winva.com - Subject: Ml district changes Patrick- The County has received a request to amend the M1 District to enable indoor recreation uses. The request was intend for enable dog training and agility competitions, but could also enable indoor athletic fields for uses such as indoor soccer. Does the EDC wish to offer comments on the appropriateness of introducing such uses in the M1 District? Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540- 665 -5651 540 - 665 -6395 {fax) e!awrenc(a�co.frederick.va.us http: / /www.co.frederick.va.us /Planning www.co.frederick.va.us �i�C; � --,r:� �? :vim August 6, 2009 � - ___ t Mrs. Candice E. Perkins, AICP Senior Planner Department of Planning and Development Frederick County, Virginia I07 North Kent Street Winchester, Virginia 22601 RE: Proposed Change to the M1 Zoning Ordinance Frederick County, Virginia Dear Mrs. Perkins: I represent the Blue Ridge Dog Training Club. For the past year, our club has been searching for a building in Frederick County to accommodate our dog training programs. Unfortunately, all of the buildings that we have found that meet our area and budget requirements have been located in Ml industrial facilities which are not currently zoned to accommodate recreational uses. Therefore, on behalf of our club, I am requesting that your department consider amending the current zoning ordinance related to Ml property to include recreational uses. We certainly understand that our request may include all recreational uses. However, we are hopeful that, at a minimum, the amendment can be written to include our proposed use which is dog training. We also understand that the amendment may include restrictions which will include limits on hours of use and/or parking. Typically, our training classes are scheduled after 5:00 p.m. and include less than 50 people with a proportionate amount of parking requirements. Occasionally, we host special events on weekends with a maximum attendance of less than 100. During these events, we would anticipate using shared parking located on adjacent properties owned by the same property owner. Thank you in advance for your consideration of our proposed ordinance amendment. Sincerely, A 4 �� f�^Gc�y._��t Stacy 7. Defilippi President Blue Ridge Dog Training Club