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16December 8, 2010 Public Hearing

APPLICANT:

BRENDA “KAY” FREEMAN

PROPERTY OWNER:

LAKE GEM D8, LLC

STAFF PLANNER: Karen ProchiloREQUEST: Conditional Use Permit (Indoor Recreation Facility) ADDRESS / DESCRIPTION: 2181 Upton Drive #412 GPIN: 24142499220000

ELECTION DISTRICT: PRINCESS ANNE

SITE SIZE: 4.7 acres Lease Space: 4800 square feet

AICUZ: 65 dB – 70 dB DNL

SUMMARY OF REQUEST The applicant requests a Conditional Use Permit for a 24-hour fitness center in Red Mill Commons (retail center) within a space occupied by East Coast Leisure. The proposed business, Anytime Fitness, is located in 46 states and Canada. Members can work-out any time of the day or night through use of a security access card to enter the club, even when it is not staffed. The computer software tracking system monitors check in. The facility is equipped with 24 hour surveillance security cameras both inside and outside the facility, a tailgate detection system for entry doors, hard wired panic buttons, personal panic devices, motion detectors, wireless door contacts, and glass break detectors. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Shopping center SURROUNDING LAND North: • Retail shops / B-2 Community Business District

BRENDA “KAY” FREEMAN/ LAKE GEM D8, LLC. Agenda Item 16

USE AND ZONING: South: • Elson Green Avenue • Retail shops / B-2 Community Business District

East: • Upton Drive • Multi-family dwellings/ A-18 Apartment District

West: • Retail shops / B-2 Community Business District NATURAL RESOURCE AND CULTURAL FEATURES:

There are no significant environmental or cultural features on the site as it is developed as a shopping center and is almost entirely impervious.

COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as a Major Commercial Center within the overall Suburban Area. The overriding objective of the Suburban Area policies is to protect the predominantly suburban character defined by the stable neighborhoods of our community. The Plan also reinforces the suburban characteristics of commercial centers and other non-residential areas that make up part of the Suburban Area. (p. 3-1)

CITY SERVICES

MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Access to this site is from both Upton Drive and Elson Green Avenue. Upton Drive in the vicinity of this application is a four-lane divided minor urban collector with a one hundred ten foot (110’) right-of-way width. The Master Transportation Plan designates this roadway as a major collector with a one hundred foot (100’) right-of-way width. There are currently no capital improvement plan (CIP) projects scheduled for this portion of Upton Drive. Elson Green Avenue in the vicinity of this application is an undivided four-lane local/collector street, with a right-of-way width of eighty feet (80’). There are currently no capital improvement plan (CIP) projects scheduled for this portion of Elson Green Avenue. TRAFFIC:

Street Name Present Volume Present Capacity Generated Traffic

Upton drive No counts available.

6,200 ADT 1 (Level of Service “C”)

9,900 ADT 1 (Level of Service “D”) - capacity 11,100 ADT 1 (Level of

Service “E”)

Existing Land Use 2 – 240 ADT

Proposed Land Use 3 – 206 ADT

1 Average Daily Trips 2 as defined by 4,800 shopping center

3 as defined by 4,800 athletic clubPUBLIC WORKS/ TRAFFIC ENGINEERING: The proposed use does not appear to generate any more trips than what this type of shopping center would be expected to generate. Additionally, the existing turn lanes provided for the shopping center appear to serve the vehicle trips appropriately. WATER and SEWER: This site connects to City water and City sanitary sewer. BRENDA “KAY” FREEMAN/ LAKE GEM D8, LLC. Agenda Item 16

EVALUATION AND RECOMMENDATION While the operation of a business 24 hours a day is not typical, the applicant has addressed issues of particular concern related to safety. The information provided was reviewed and supported by the Police Department. Traffic is far reduced with this use over a typical retail operation, which is particularly important particularly during peak hours. The proposed indoor recreation use is consistent with the policies of the Comprehensive Plan. This type of use helps support the recreational needs of residents in the area. Ample parking is available within the center to support this use. The site is part of a major commercial center that was developed in accordance with the Retail Establishments and Shopping Centers Ordinance Guidelines, ensuring quality site, architectural, and landscape design. Staff recommends approval of this request for Indoor Recreational Facility at this location with the conditions below.

CONDITIONS

1. This use permit is valid for the subject unit of 4,800 square feet and any future units in the commercial center on the property that the studio may expand into.

2. The applicant shall obtain all necessary permits and inspections from the Planning Department /Permit and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change in use from the Building Official.

NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site.



AERIAL OF SITE LOCATION


PROPOSED SITE PLAN


EXTERIOR PHOTOGRAPH OF PROPOSED LEASE SPACE


# DATE REQUEST APPLICANT ACTION 1 04/27/2010 Modification of Conditions Lake Gem D8, LLC Approved 2 08/12/2008 Modification of Conditions Ellis Gibson Development Approved 3 03/25/03 Rezoning (B-2 to Cond. B-2 &

A-18) Approved

4 12/11/01 Rezoning (B-2 to Cond. A-12) Dragas Associates, IX, LC

Approved

5 11/14/95 Use Permit (automobile service station)

William H. chapman Approved

5

2 1 3

4

ZONING HISTORY

DISCLOSURE STATEMENT BRENDA “KAY” FREEMAN/ LAKE GEM D8, LLC. Agenda Item 16

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