Loading...
HomeMy WebLinkAbout05-24 BOS Staff ReportCONDITIONAL USE PERMIT #05-24 Burn Boot Camp (Wisteria Garden of Winchester LLC) Commercial Recreation Fitness Center Staff Report for the Board of Supervisors Prepared: September 19, 2024 Staff Contact: Amy Feltner, Planner Executive Summary: Meeting Schedule Planning Commission: September 18, 2024 Action: Recommended Approval 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 75 members/employees 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. 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 75 attendees/employees and are staged throughout the morning and evening hours. Operating hours were initially 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 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. 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 proposed use is an adaptive reuse of vacant industrial space that keeps it in productive use while largely aligning with the stated intent in the comprehensive plan. Further, the use is compatible with the policies expressed regarding the airport support area. 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. F. The conditional use shall conform with all applicable regulations of the district in which it is located. Page 4 of 4 • 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. Previously, a shared parking agreement was found unnecessary per the Zoning Administrator, however, the applicant voiced concerns that 50 attendees may not be sufficient for a 10-year business plan and requested to increase the total permitted at any given time to 75 persons. Because the tenant and landlord had previously discussed a shared parking requirement, staff added a shared parking agreement as a required condition per §165-204.29(B), and the maximum attendees at any given time was modified to 75 persons including staff. PLANNING COMMISSION SUMARY AND ACTION FROM THE 09/18/24 MEETING: The Planning Commission discussed concern with the shared tenant, the parking limitations, and the larger occupant request. Staff advised that these items would be covered at the time of the Zoning Administrator’s review and approval of the shared parking agreement. It was recommended that the childcare operation include the availability to the employees as well. Due to the location of the subject property, additional discussion evolved around the hours of operation, and it was recommended that the weekday hours be extended to 4:15 a.m. to 8 p.m. and the Saturday hours extended to 5:30 a.m. to 12 p.m. Both the hours of operation and the amended childcare operation changes have been incorporated into the listed conditions above, as well as the increased attendees/employees and the shared parking agreement requirement. The Planning Commission unanimously recommended approval with the above noted changes. Recommendation: Should the Board of Supervisors find the use to be appropriate, the Planning Commission recommended the following conditions: 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 service the gym patrons and employees only. 4. Hours of operation are Monday-Friday 4:15 a.m. to 8 p.m.; Saturday 5:30 a.m. to 12 p.m. 5. A maximum of 75 attendees/employees at any given time. 6. A shared parking agreement is required to be submitted to the Zoning Administrator for review and approval prior to conducting the use. 7. Any expansion or change of use shall require a new Conditional Use Permit. Following a public hearing, staff is seeking a decision by the Board of Supervisors on this Conditional Use Permit application.