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Home My WebLink About05-22 BOS Staff Report CONDITIONAL USE PERMIT #05-22 SPBJJ, LLC–COMMERCIAL INDOOR RECREATION FACILITY Staff Report for the Board of Supervisors Prepared: July 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 Recommended Approval 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-Sunday. 3. No more than nine (9) employees with this use at any given time. 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 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 #05-22, 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 ad equate 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 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 Page 3 CUP #05-22, SPBJJ, LLC June 1, 2022 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) 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. Page 4 CUP #05-22, SPBJJ, LLC June 1, 2022 This proposed use will be conducted within 5.000 sq. ft. space of the 16,000 sq. ft. building that includes three (3) other users 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. 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. The Applicant will need to engage an adjoining property owner to execute a shared parking agreement for additional parking spaces during business hours. 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-Sunday. 3. No more than nine (9) employees with this use at any given time. 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. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 61/15/22 MEETING: The Planning Commission at its June 15, 2022, meeting recommend approval of Conditional Use Permit (CUP) #05-22, to be forwarded to the Board of Supervisors. 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.