HomeMy WebLinkAbout05-22 PC Staff Report
CONDITIONAL USE PERMIT #05-22
SPBJJ, LLC–COMMERCIAL INDOOR RECREATION FACILITY
Staff Report for the Planning Commission
Prepared: June 1, 2022
Staff Contact: Mark Cheran, Zoning Administrator
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and to 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: 06/15/22 Pending
Board of Supervisors: 07/13/22 Pending
EXECUTIVE SUMMARY:
This is a request for a Conditional Use Permit (CUP) for SPBJJ, LLC for the establishment of an
indoor recreation on 1.89+/-acres of M1 (Light Industrial) zoned property. Should the Planning
Commission find this application 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. Hours of operation will be 6:00 a.m. – 9:00 p.m. Monday-Friday and Saturday-Sunday 10:00
a.m.-1:00 p.m.
3. No more than nine (9) employees with this use.
4. 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.
5. Any expansion or change of use will require a new Conditional Use Permit.
Following the requisite public hearing, it would be appropriate for the Planning Commission
to offer a recommendation concerning this application to the Board of Supervisors
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CUP #05-22, SPBJJ, LLC
June 1, 2022
LOCATION: This property located at 210 Fort Collier Road, Winchester, Virginia.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 54-A-81C
PROPERTY ZONING & PRESENT USE:
Zoned: M1 (Light Industrial)
Land Use: Warehouse
ADJOINING PROPERTY ZONING & PRESENT USE:
North: M1 (Light Industrial) Use: Vacant
South: M1 (Light Industrial) Use: Public Use
East: M1 (Light Industrial) Use: Warehouse
West: M1 (Light Industrial) Use: Vacant
PROPOSED USE: This application is to enable the establishment of a commercial indoor
recreation use.
REVIEW EVALUATIONS:
Virginia Department of Transportation: The application for a Conditional Use Permit for this
property appears to have little measurable impact on Route 1322 (Fort Collier Road), the VDOT
facility providing access to the property. The existing entrance, on Route 1322, is adequate for
the proposed use. Should the use ever expand in the future, the entrance will need to be
reviewed, to determine if additional improvements may be required.
Please see the attached letter from Virginia Department of Transportation dated May 10, 2022.
Winchester-Frederick County Health Department: Building connected to public utilities. No
comments or objections.
Please see the attached letter from Winchester-Frederick County Health Department dated April
27, 2022.
Frederick County Fire and Rescue: Approved.
Please see the attached letter from Frederick County Fire and Rescue dated May 3, 2022.
Frederick County Inspections: Building shall comply with the Virginia Statewide Building
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CUP #05-22, SPBJJ, LLC
June 1, 2022
Code and Section 303, use group A-Assembly (or Business, Section 304, if less than 50 people)
of the International Building Code/2015. Other codes that apply are ICC/ANSI A117.1-2009
Accessible and Usable Building and Facilities and International Energy Code.
Asbestos inspection is required on structures built prior to 1985 for any alterations.
A building permit is required to change the use from existing warehouse/factor to B-Business use
group, martial arts training.
Plumbing fixtures shall be provided as required per T2901 based on occupant loading. Required.
Accessible features shall be provided on the accessible level.
20% ANSI rule applies. An accessible route shall be provided from the accessible parking to the
accessible main entrance. An accessible route shall be provided inside to the main function.
Handicap parking shall comply with ANSI A117.1-09. A minimum of one van accessible space
is required per 1106.5 IBC 09. Van accessible parking shall have a minimum of 11’ width with
5’ unloading area or a minimum of 8’ unloading area with an 8’ width per Section 502 ANSI.
Maximum 2% slope required for parking and unload. 60% of all entrances shall be accessible.
All required exists shall be accessible. Accessible parging signage for van shall included $500.00
fine. See USBC Section 1106.8. Signs requires a building permit.
Please see the attached letter from Mark Fleet, Building Official dated April 27, 2022.
Frederick County Public Works We offer no comments.
Please see the attached letter from Joe C. Wilder, Director dated May 4, 2022.
Frederick Water: No comments at this time.
Please see the attached letter dated April 27, 2022.
Planning and Zoning
Comprehensive Plan Conformance: The property is within the Sewer Water Service Area
(SWSA) and Urban Development Area (UDA) as noted within the Comprehensive Policy Plan
the property is surrounded by other M1 (Light Industrial) zoned properties. The Comprehensive
Plan identifies this area of the County as industrial within the Northeast Land Use (NELUP) and
is to remain industrial in nature.
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 CUP are currently zoned M1 (Light Industrial)
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CUP #05-22, SPBJJ, LLC
June 1, 2022
Zoning District. The zoning ordinance requires that any proposed commercial indoor recreation
facilities be subject to additional performance standards to promote safety to the patrons and
mitigate any negative impacts with the M1 Zoning District where the use will operate.
This proposed use will be conducted within 5.000 sq. ft. space of the 16,000 sq. ft. building with
access from Fort Collier Road (Route 1322). The use will be for a martial arts gym in the
evenings and on weekends. The hours operation will be from 6 a.m.-10 a.m. and 5 p.m.-9 p.m.
daily. Weekend hours will be 10 a.m.-1 p.m. This use will have nine (9) employees. Class size
will be 15-30 students. Prior to operation of this gym the applicant 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 fifty-four (54) parking spaces. This commercial indoor recreation
use will require a total of twenty (20) parking spaces based on the square footage of the building.
The Applicant will need to engage an adjoining property owner to execute a shared parking
agreement. This agreement will have to allow for the use of ten (10) additional parking spaces.
This will allow the Applicant to meet the parking requirements. This agreement shall be in place
prior to operation of this CUP.
STAFF CONCLUSIONS FOR THE 06/15/22 PLANNING COMMISSION MEETING:
This is a request for a Conditional Use Permit (CUP) for SPBJJ, LLC for the establishment of a
commercial indoor recreation facility on 1.89+/-acres of M1 (Light Industrial) zoned property.
Should the Planning Commission find this application 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. Hours of operations will be 6:00 a.m.-9:00 p.m. Monday-Friday and Saturday-Sunday
10:00 a.m.-1:00 p.m.
3. No more than nine (9) employees with this use.
4. 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.
5. Any expansion or change of use will require a new Conditional Use Permit.
Following the requisite public hearing, it would be appropriate for the Planning Commission
to offer a recommendation concerning this application to the Board of Supervisors.
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