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HomeMy WebLinkAbout05-17 BOS Staff ReportCONDITIONAL USE PERMIT #05-17 VIRGINIA PREFERRED PROPERTIES Staff Report for the Board of Supervisors Prepared: April 28, 2017 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 04/19/17 Public Hearing Held; Recommended Approval Board of Supervisors: 05/10/17 Pending EXECUTIVE SUMMARY& CONCLUSION FOR THE 5/10/17 BOARD OF SUPERVISORS MEETING: This is a request for a Conditional Use Permit (CUP) for a Commercial Indoor Recreation/Private Gym. Should the Board of Supervisors find this use to be appropriate, the Planning Commission recommended that the following conditions be attached to the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. An engineered site plan shall be submitted to and approved by Frederick County within a six (6) month timeframe and all improvements completed prior to establishment of the use. 3. Any expansion or change of use will require a new Conditional Use Permit. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Page 2 CUP #05-17, Virginia Preferred Properties April 28, 2017 LOCATION: This property is located at 351 Victory Road, Winchester, Virginia MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64-A-80D PROPERTY ZONING & PRESENT USE: Zoned: M1 (Light Industrial) Land Use: Warehousing ADJOINING PROPERTY ZONING & PRESENT USE: North: M1 (Light Industrial) Use: Manufacturing South: M1 (Light Industrial) Use: Manufacturing/Warehousing East: RA (Rural Areas) Use: Residential West: M1 (Light Industrial Light) Use: Warehousing PROPOSED USE: Commercial Indoor Recreation/Private Gym REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a conditional use permit for this property appears to have little measurable impact on Route 728, the VDOT facility which would provide access to the property. Existing entrance is adequate for proposed use. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT commercial standards. Frederick County Inspections: Area shall comply with The Virginia Existing Building Code, The Virginia Uniform Statewide Building Code, Section 302 – B, Business Use Group and Section 306. Other Code that applies is ICC/ANSI A117.1-09 Accessible and Usable Buildings and Facilities. Existing area used for employee use to be opened to public. A change of use permit is required for existing area. Please submit a detailed floor plan with your permit. Public restroom facilities shall be provided and shall meet ANSIA A117.1-09. Van accessible parking and unloading are provided. Max slope for parking and unloading area is 2%. Maximum slope for walkway to main entrance is 5%. Page 3 CUP #05-17, Virginia Preferred Properties April 28, 2017 Van accessible signage shall be provided per USBC Section 1106.8. Lever type hardware shall be provided on all doors along the accessible route to restroom area. 20% ANSI A117.01-09 rule applies. Alteration to existing building shall comply with USBC Section 110.3 for asbestos. Frederick County Fire Marshall: Approved. A Life Safety Inspection shall have to be conducted by the Frederick County Fire Marshal’s Office. Winchester-Frederick County Health Department: The facility appears to be served by Public Water and Sewer Services. No conflict with any proposed or existing wells or sewage disposal systems is anticipated. This Health Department has no objection to the proposed facility. Frederick County Sanitation Authority: No comments at this time. Winchester Regional Airport: Proposed CUP would not impact airport operations for interior improvements or modification. City of Winchester: No comments. Planning and Zoning: The Frederick County Zoning Ordinance allows for commercial indoor recreation facilities in the M1 (Light Industrial) Zoning District with an approved Conditional Use Permit (CUP). The properties immediately adjacent to this proposed Conditional Use Permit (CUP) are currently zoned M1 (Light Industrial) Zoning District. The zoning ordinance requires that any proposed commercial indoor recreation facilities be subject to additional performance standards in order to promote safety to the patrons and mitigate any negative impacts with the M1 Zoning District were the use will operate. This proposed gym will occupy 4,000 sq. ft. within a warehouse of 15,000 sq. ft. in size. The gym will be a 24 hour operation. Prior to operation of this gym the Applicant will need a site plan to be submitted and approved by Frederick County. All plan improvements shall be implemented prior to operating the business. These improvements will include: the twenty (20) required parking spaces for this use. The designated pick-up and delivery areas for all patrons, that provides safe access. These requirements are in keeping with Section §165-204.29 of the Frederick County Zoning Ordinance. STAFF CONCLUSIONS FOR THE 04/19/17 PLANNING COMMISSION MEETING: This is a request for a Conditional Use Permit (CUP) for Commercial Indoor Recreation/Private Gym. Should the Planning Commission find this use to be appropriate, Staff recommends that the following conditions be attached to the CUP: Page 4 CUP #05-17, Virginia Preferred Properties April 28, 2017 1. All review agency comments and requirements shall be complied with at all times. 2. An engineered site plan shall be submitted to and approved by Frederick County and all improvements completed prior to establishment of the use. 3. Any expansion or change of use will require a new Conditional Use Permit. PLANNING COMMISSION SUMMARY AND ACTION OF THE 04/19/17 MEETING: Staff reported this is a request for a commercial indoor recreation/private gym facility. Mr. Cheran continued the property is located at 351 Victory Road and the adjacent properties are zoned M1 and RA (Rural Areas) and the uses are Manufacturing/Warehouse, and Residential. Staff presented a location map of the property. Mr. Cheran explained this proposed gym will occupy 4,000 sq. ft. within a 15,000 sq. ft. warehouse. Staff noted the gym will be a 24 hour operation. Staff reported prior to the operation of this gym the Applicant will need a site plan submitted and approved by Frederick County. Mr. Cheran explained all planned improvements shall be implemented prior to operating the business. Staff noted these improvements will include: twenty (20) required parking spaces for this use; and designated pick-up and drop-off areas for all patrons, which provides safe access. Staff presented the conditions recommended for this CUP: 1. All review agency comments shall be complied with at all times. 2. An engineered site plan shall be submitted to and approved by Frederick County and all improvements shall be completed prior to establishment of the use. 3. Any expansion or change of use will require a new Conditional Use Permit. Commission Member requested verification that the business was already open. Staff explained that is correct. The Commission Member inquired if the business will be closed until Condition #2 requirements are met or possibly a timeframe be placed with this condition to allow the Applicant ample time for completion. Staff noted if the Planning Commission feels it is appropriate, a timeframe can be added to Condition #2. Commission Member requested verification that twenty (20) parking spaces will be required and that VDOT is on board with this. Staff explained the site plan will require all agency comments to include VDOT as does the CUP. Commission Member asked if the facility will be staffed at all times during the twenty-four (24) hours. Mrs. Frogale, the Co-Applicant came forward and clarified that yes it will be staffed during the entire 24 hours. Page 5 CUP #05-17, Virginia Preferred Properties April 28, 2017 The Co-Applicant, Mr. Robert Frogale provided an overview of the business. Mr. Frogale noted it was originally opened for their employees; however the intent now is to maintain the gym or lease the space as a gym. A Commission Member asked if the rest of the building would be used. Mr. Frogale noted yes; it will be for the expansion of his other business. Commission Member inquired if all parking spaces will be completed before opening. Mr. Frogale commented yes, that will be done. Commissioner Member requested clarification that the CUP is only for the 4,000 sq. ft. Staff confirmed, that is correct and if the Applicant wishes to expand they must go back through the CUP process. A motion was made, seconded, and unanimously passed to recommend approval of CUP #05-17 for Virginia Preferred Properties with the addition of a six (6) month timeframe added to Condition #2 (An engineered site plan shall be submitted to and approved by Frederick County and all improvements shall be completed prior to establishment of the use). (Note: Commissioner Thomas was absent from the meeting) CONCLUSION FOR THE 05/10/17 BOARD OF SUPERVISORS MEETING: This is a request for a Conditional Use Permit (CUP) for a Commercial Indoor Recreation/Private Gym. Should the Board of Supervisors find this use to be appropriate, the Planning Commission recommended that the following conditions be attached to the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. An engineered site plan shall be submitted to and approved by Frederick County within a six (6) month timeframe and all improvements completed prior to establishment of the use. 3. Any expansion or change of use will require a new Conditional Use Permit. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors.