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HomeMy WebLinkAbout06-17 BOS Staff ReportCONDITIONAL USE PERMIT #06-17 COMMERCIAL INDOOR RECREATON FACILITY THOMAS E. JEFFRIES/dba Shenval Softball Training 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 05/10/17 BOARD OF SUPERVISORS MEETING: This is a request for a Conditional Use Permit (CUP) for a Commercial Indoor Recreation/Softball Training Facility. 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. A shared parking agreement shall be submitted to and approved by Frederick County prior to the use of the property as a Commercial Indoor Recreation Facility and to include lighting for pedestrians within six (6) months of approval. 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 #06-17, Commercial Indoor Recreation Facility-Thomas E. Jeffries dba Shenval Softball Training April 28, 2017 LOCATION: This property is located at 291 Independence Drive, Winchester, Virginia MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64-11-16 PROPERTY ZONING & PRESENT USE: Zoned: M1 (Light Industrial) Land Use: Warehouse ADJOINING PROPERTY ZONING & PRESENT USE: North: M1 (Light Industrial) Use: Construction Company South: M1 (Light Industrial) Use: Office Use: Residential East: M1 (Light Industrial) Use: Airport West: M1 (Light Industrial) Use: Warehouse PROPOSED USE: Commercial Indoor Recreation/Softball Training Facility. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a conditional use permit for this property appears to have little measurable impact on Route 1092, 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: Alteration to existing building requires permits and inspection. Accessible parking shall be provided per ANSI A117.1-09. Accessible route from parking area/unloading to entrance shall be provided. Frederick County Fire Marshall: Approved. A Life Safety Inspection is done by the Frederick County Fire Marshal’s Office. Frederick County Sanitation Authority: No comments. City of Winchester: No comments. Page 3 CUP #06-17, Commercial Indoor Recreation Facility-Thomas E. Jeffries dba Shenval Softball Training April 28, 2017 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 use will be conducted within a 6,000 sq. ft. building. The use will be for softball training for girls and this use will be conducted in the evenings and on weekends. This property has an approved site plan that meets the requirements of Section §165-204.29 of the Frederick County Zoning Ordinance, with regards to safe pick-up and delivery areas for patrons. However, the property only has a total of seventeen (17) parking spaces. This commercial indoor recreation use will require a total of thirty (30) parking spaces based on the square footage of the building. The Applicant has engaged with an adjoining property owner to execute a shared parking agreement. This agreement allows for the use of sixteen (16) parking spaces. This will allow the Applicant to meet the parking requirements. The Planning Commission and Board of Supervisors may want to consider allowing other uses to be permitted with this CUP approval in the case that an alternative use with a similar amount of use would want to operate in this facility. If this is the case an additional condition stating such may be appropriate. STAFF CONCLUSIONS FOR THE 04/19/17 PLANNING COMMISSION MEETING: This is a request for a Conditional Use Permit (CUP) for a Commercial Indoor Recreation/Softball Training Facility. Should the Planning Commission find this use to be appropriate, Staff recommends that the following conditions be attached to the CUP 1 All review agency comments and requirements shall be complied with at all times. 2. A shared parking agreement shall be submitted to and approved by Frederick County prior to the use of the property as a Commercial Indoor Recreation Facility. 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 application for an indoor commercial recreation/softball training Page 4 CUP #06-17, Commercial Indoor Recreation Facility-Thomas E. Jeffries dba Shenval Softball Training April 28, 2017 facility which is located at 291 Independence Drive and is zoned M1 (Light Industrial). The current land use is a Warehouse. Staff continued, the Frederick County Zoning Ordinance allows for commercial indoor recreation facilities in the M1 Zoning District with an approved CUP (Conditional Use Permit). Mr. Cheran noted this proposed softball training facility will take place in a 6,000 sq. ft. building and the property has an approved site plan that meets the requirements for safe pick-up and drop-off. Staff reported the property only has a total of seventeen (17) parking spaces; this commercial indoor recreation use will require a total of thirty (30) parking spaces based on the square footage of the building. Staff noted the Applicant has engaged with an adjoining property owner to execute a shared parking agreement. Mr. Cheran continued, this agreement allows for the use of sixteen (16) parking spaces; this will allow the Applicant to meet the parking requirements. Staff provided a Pictometry image of where the shared parking will be located. Mr. Cheran explained the Applicant has spoken with the adjoining property owner; the two will enter into an agreement; the Zoning Administrator will review the agreement to make sure of a safe ingress and egress. Staff noted this has been reviewed and it does meet the County’s parking requirements; this agreement will be recorded. Staff concluded it may be considered to allow other uses be permitted with this CUP approval in the case that an alternative use with a similar amount of use would want to operate in this facility; an additional condition may be added. Staff recommended the following conditions for this CUP: 1. All review agency comments shall be complied with at all times. 2. A shared parking agreement shall be submitted to and approved by Frederick County prior to the use of the property as a commercial indoor recreation facility. 3. Any expansion or change of use will require a new Conditional Use Permit. Commission Member inquired if there is public access or a pedestrian walkway between the two parking locations affected by the parking agreement. Staff explained there is not a public access at this time nor are sidewalks required in the M1 District; however this can be addressed as a requirement of the shared parking agreement. Commission Member inquired what the distance is between the two properties/building. Mr. Thomas “Eddie” Jeffries, the Applicant, noted it is approximately 150 to 200 yards. Staff noted there is a site plan in place that identifies the parking. Commission Member requested clarification that the business is already in operation. Staff explained that is correct; this came to the attention of Staff through a zoning violation. Page 5 CUP #06-17, Commercial Indoor Recreation Facility-Thomas E. Jeffries dba Shenval Softball Training April 28, 2017 Commission Member recommended a timeframe be placed on Condition #2 rather than making the Applicant close completely. Staff noted he believes this can be accomplished in a reasonable time. Commission Member asked what the hours of operation are. Staff stated there are not hours placed on the conditions and the Applicant will elaborate. Commission Member commented he visited the facility some time ago; most of the traffic is drop-off and did not see the parking being an issue. He noted there is very little traffic on this strip of road so the impacts from one parking lot to another should be minimal. Commission Member inquired will there be any lighting for the pedestrian walkway between parking lots. Staff stated as of now there are no lights however this can be considered. Commission Member asked if this is a recorded deed of easement and it cannot be rescinded. Staff noted that is correct. Mr. Jeffries came forward and presented an overview of his business and noted he wants to provide a facility for the youth in our area that is comparable to some facilities in Northern Virginia in order to help them excel and be competitive in softball. Mr. Jeffries continued the business involved in the parking agreement is CW Wright Construction; they are closed every Friday, closed each weekend, close daily by 4:00 p.m. He noted the hours of operation will be 4:00 – 10:00 p.m. during the school year for his facility. Mr. Jeffries explained he has ceased all membership sales until this issue is resolved. He concluded by saying he is willing to put lighting where it may be needed. Commission Member commented he supports this application and would recommend building lights be mounted for this operation. Commission Member agreed and want s lighting provided. Mr. Jeffries noted the building does have mounted lights however the area for pedestrians to walk between parking lots does not. Commission Member recommended a timeframe of six (6) months be added to Condition #2 and to have the necessary site improvements completed to include lighting. Commission Member asked the Applicant, Mr. Jeffries, if he would be in agreeance with the request. Mr. Jeffries responded he absolutely would agree. A motion was made, seconded, and unanimously passed to recommend approval of CUP #06-17 for Thomas E. Jeffries with a timeframe of six (6) months be added to Condition #2 and to have the necessary site improvements completed to include lighting. (Note: Commissioner Thomas was absent from the meeting) Page 6 CUP #06-17, Commercial Indoor Recreation Facility-Thomas E. Jeffries dba Shenval Softball Training April 28, 2017 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/Softball Training Facility. 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. A shared parking agreement shall be submitted to and approved by Frederick County prior to the use of the property as a Commercial Indoor Recreation Facility and to included lighting for pedestrians within six (6) months of approval. 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.