PC 09-18-24 Meeting Agenda1.Call to Order
2.Pledge of Allegiance
3.Adoption of Agenda – Pursuant to established procedures, the Planning Commission
should adopt the Agenda for the meeting.
4.Committee Reports
5.Citizen Comments
6.Public Hearings
6.A.Conditional Use Permit #05-24 for Burn Boot Camp (Wisteria Garden of
Winchester LLC)
Submitted for a commercial recreation fitness center. The property is located at 250
Independence Drive, Winchester, VA and is identified by Property Identification Number
64-A-159M in the Red Bud Magisterial District.
7.Other
7.A.Current Planning Applications
8.Adjourn
AGENDA
PLANNING COMMISSION
WEDNESDAY, SEPTEMBER 18, 2024
7:00 PM
THE BOARD ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
PC09-18-24CUP05-24_Redacted.pdf
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Planning Commission
Agenda Item Detail
Meeting Date: September 18, 2024
Agenda Section: Public Hearings
Title: Conditional Use Permit #05-24 for Burn Boot Camp (Wisteria Garden of
Winchester LLC)
Attachments:
PC09-18-24CUP05-24_Redacted.pdf
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CONDITIONAL USE PERMIT #05-24
Burn Boot Camp (Wisteria Garden of Winchester LLC)
Commercial Recreation Fitness Center
Staff Report for the Planning Commission
Prepared: August 27, 2024
Staff Contact: Amy Feltner, Planner
Executive Summary:
Meeting Schedule
Planning Commission: September 18, 2024 Action: Pending
Board of Supervisors: October 9, 2024 Action: Pending
Property Information
Property Identification Number (PIN) 64-A-159M
Address 250 Independence Drive, Winchester
Magisterial District Red Bud
Acreage +/- 3.72 acres
Zoning & Present Land Use Zoning: M1 (Light Industrial)
Land Use: Warehouse Distribution
Adjoining Property Zoning & Present Land Use
North: M1 (Light Industrial) Land Use: Industrial
South: M1 (Light Industrial) Land Use: Industrial
East: M1 (Light Industrial) Land Use: Vacant
West: M1 (Light Industrial) Land Use: Industrial
Proposed Use
The Applicant proposes a commercial fitness center with a maximum of 50 members in
attendance at any single group session. The property has an existing parking lot that can
accommodate up to 80 vehicles. Applicant proposes hours of operation from 4:45 a.m. to 7
p.m. on weekdays and Saturday hours limited to 7:45 a.m. to 12:00 p.m.
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Page 2 of 4
Review Agency Comments:
Review Agency
Comment Date Comment Summary
Virginia Department of
Transportation (VDOT)
August 8, 2024 Approved – entrance and
parking are sufficient; no
impact to the current
transportation network.
Virginia Department of
Health (VDH)
August 1, 2024 No Objection. Future
Smoothie Bar will require a
permit and inspections.
Frederick County (FC)
Inspections
August 5, 2024 Change of occupancy permit
required, must meet Building
Code and have accessible
parking and an accessible
route.
FC Fire Marshal August 8, 2024 Project shall comply with the
Frederick County Fire Code,
specifically the area used for
the child daycare area.
Frederick Water July 31, 2024 No Comments at this time.
Planning & Zoning:
Application Proposal:
The applicant proposes a commercial fitness and sports center with group sessions lasting 45
minutes each inside an existing industrial building. The fitness center will occupy 10,000 square
feet of an existing industrial building. Workout sessions are limited to 50 attendees and are staged
throughout the morning and evening hours. Operating hours are 4:45 a.m. to 7 p.m. weekdays and
7:45 a.m. to 12 p.m. on Saturday’s. The applicant proposes five morning sessions, a noon session,
and two evening sessions on weekdays and only three sessions on Saturday. Each session providing
for a 15-minute buffer between sessions. Additionally, an onsite child watch (childcare area) is
provided for up to 20 children for patrons as well as a Afterburn Smoothie Bar (future) for services
to attendees after their workout session. No other food preparation is proposed.
Staff Analysis:
Commercial fitness and sports centers are permitted in the M1 (Light Industrial) District with an
approved Conditional Use Permit (CUP). §165-204.29 of the Zoning Ordinance list additional
requirements for commercial recreation operations in the M1 (Light Industrial) District and limits
the operation to indoor activity only. The requirements further address parking, customer access,
and the safety of the patrons while entering and exiting the facility. The existing warehouse facility
has an existing parking area that can accommodate 80 vehicles, four of which are handicap
accessible parking spaces.
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Page 3 of 4
§165-103.02 of the Zoning Ordinance on standards for Conditional Use Permits states that the
Planning Commission and Board shall consider the following standards when considering
Conditional Use Permits:
A. The conditional use shall not tend to change the character and established pattern of
development of the area of the proposed use.
• The property is zoned M1 (Light Industrial) zoning district and located in an existing
industrial park. The fitness center will operate, as proposed above, inside an existing
industrial building with no new proposed construction. The applicant will utilize 10,000
square feet of an existing office warehouse facility with existing parking and two approved
existing entrances.
B. The conditional use shall be in harmony with and shall not adversely affect the use and
enjoyment of surrounding properties.
• The M-1 (Light Industrial) zoning district provides for a variety of light manufacturing,
commercial office and heavy commercial uses. The proposed fitness center is listed as an
appropriate use within the M1 (Light Industrial) zoning district with an approved
Conditional Use Permit.
C. The conditional use shall be in accord with the polices expressed in the Comprehensive Plan of
the County and with the intent of this chapter.
• The property is in the Airport Support Area and is currently designated as Industrial Land
Use. The land use remains Industrial in the Comprehensive Plan of the County. The
property fronts Independence Drive. Independence Drive is listed in the Comprehensive
Plan as an improved Major Collector. There are two existing entrances to the property.
D. The conditional use shall not adversely affect the natural character and environment of the
County.
• The facility is existing, and no new construction is proposed. The use of the facility as
narrated above does not adversely affect the natural character and environment surrounding
the industrial park and the adjacent landowners. The activity would not produce any
smoke, dust, or other hazards.
E. The conditional use permit shall be approved only if adequate facilities, roads, safe access and
drainage are provided.
• Virginia Department of Transportation has approved the application, noting that the
entrance and parking are existing and sufficient, and the business would offer no impacts
to the current transportation network. Building Inspections requires a change of occupancy
permit that would identify deficiencies within the existing facility should one exist. The
Virginia Health Department requires a permit for any food services to the public. There
are no proposed alterations to the site to affect the existing drainage conditions.
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Page 4 of 4
F. The conditional use shall conform with all applicable regulations of the district in which it is
located.
• The Zoning Ordinance requires specific requirements for the commercial recreation in the
M1 (Light Industrial) zoning district. §165-204.20 requires the recreational and fitness
centers be operated indoors only. Furthermore, the additional requirements focus on
adequate and safe parking for the patrons. The parking area contains 80 parking spaces
that is shared with an adjacent tenant. The parking area and the entrance to the facility are
existing. A shared parking agreement was found unnecessary per the Zoning
Administrator.
Recommendation:
Should the Planning Commission find the use to be appropriate, staff would suggest the following
conditions for the CUP:
1. All review agency comments and requirements shall be complied with at all times.
2. A Change of Use permit through building inspections shall be applied for and approved
prior to the operation as an Indoor Recreational facility.
3. Childcare operations shall be limited to 20 children and shall service gym patrons only.
4. Any expansion or change of use shall require a new Conditional Use Permit.
Following a public hearing, staff is seeking a recommendation from the Planning
Commission to forward to the Board of Supervisors on the CUP application.
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64 A 159M
220VICTORY RD
291INDEPENDENCE DR
285INDEPENDENCE DR
141SECURITY DR
141SECURITY DR
120SECURITYDRIVE
320INDEPENDENCE DR
322INDEPENDENCE DR
212INDEPENDENCE DR
326INDEPENDENCE DR324INDEPENDENCE DR
280VICTORY RD
296VICTORY RD
310VICTORY RD
320VICTORY RD
344VICTORY RD
368VICTORY RD331VICTORY RD
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CUP # 05 - 24: Burn Boot CampPIN: 64 - A - 159MCommercial Recreation, Fitness CenterZoning Map
CUP #05-24
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64 A 159M
220VICTORY RD
291INDEPENDENCE DR
285INDEPENDENCE DR
141SECURITY DR
141SECURITY DR
120SECURITYDRIVE
320INDEPENDENCE DR
322INDEPENDENCE DR
212INDEPENDENCE DR
326INDEPENDENCE DR324INDEPENDENCE DR
280VICTORY RD
296VICTORY RD
310VICTORY RD
320VICTORY RD
344VICTORY RD
368VICTORY RD331VICTORY RD
S
E
C
U
RIT
Y D
RINDEPENDENCE DRApplication
Sewer and Water Service A rea
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: September 3, 2024
£¤50
£¤50
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CUP # 05 - 24: Burn Boot CampPIN: 64 - A - 159MCommercial Recreation, Fitness CenterLocation Map
CUP #05-24
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Planning Commission
Agenda Item Detail
Meeting Date: September 18, 2024
Agenda Section: Other
Title: Current Planning Applications
Attachments:
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