1 May 8, 2013 Public Hearing APPLICANT:

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1 1 May 8, 2013 Public Hearing APPLICANT: CSA VIRGINIA BEACH, LLC PROPERTY OWNER: WINNER S REAL ESTATE HOLDINGS, LLC REQUEST: Conditional Use Permit (indoor recreation facility) STAFF PLANNER: Carolyn A.K. Smith ADDRESS / DESCRIPTION: 5070 Virginia Beach Boulevard GPIN: ELECTION DISTRICT: BAYSIDE SITE SIZE: 5.15 acres AICUZ: Less than 65 db DNL BACKGROUND / DETAILS OF PROPOSAL The applicant requests a Conditional Use Permit to allow development of the site for an indoor shooting range, which the Zoning Ordinance classifies as an Indoor Recreation Facility. The facility will include the sale of firearms; however, that use is permitted without a Conditional Use Permit, as it is retail. The operation of a shooting range within the city, whether indoor or outdoor, does require a Use Permit. The applicant currently operates the largest indoor shooting range in the United States, which is located in Henrico County, Virginia. The facility proposed by the applicant for the subject site will be modeled after that operation. In 2010, a Conditional Use Permit for motor vehicle sales, rental, service, and a body repair shop was granted by the City Council for the subject site. That proposal was never brought to fruition, and this request, if approved, would supersede that 2010 Conditional Use Permit. The interior of the existing 51,000 square foot building will be renovated to accommodate retail space for the sale of firearms and accessories, 52 shooting lanes, educational/training facilities (classrooms and gunsmithing), and a café area serving prepared foods. The heated and cooled space is open to the public; however, a membership can also be purchased. Firearms sales focus on target, recreational, selfdefense, and competitive firearms. Strict adherence to a dress code will be enforced and entry can be Page 1

2 denied to a patron for a dress code violation as well as if the patron is suspected to be under the influence of alcohol or drugs. Prior to any shooting on the range, all patrons must undergo a brief test of shooting ability as well as view a video on firearm safety. A photo identification card is retained while patrons are on site. According to the applicant, a Range Safety Officer, certified by the National Rifle Association (NRA), will be on the range whenever anyone is shooting. Corporate team building events and parties are proposed, as well as competitions sanctioned by the International Defensive Pistol Association (IDPA). The IDPA limits competition to handguns (no more than 10 rounds) in holsters, based on time taken to shoot plus time added for penalties. It is the hope of the applicant that in the future, military, law enforcement, and security officer training would also occur at this location. The exterior of the existing building is proposed to be slightly modified to include paint in neutral colors and the addition of signage on the existing arcade above the entry. The applicant proposes to install noise attenuation measures, and staff is recommending as a condition of approval, the installation of sound dampening backstops and insulation for the range lanes. The existing 269 parking spaces provide ample parking for this use, as the Zoning Ordinance requires 255 parking spaces. All existing plant materials within the parking lot, as well as the existing buffer adjacent to the residential dwellings to the east, are proposed to remain. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Vacant building, formerly used as retail SURROUNDING LAND USE AND ZONING: North: Office / B-2 Community Business District South: Virginia Beach Boulevard Auto sales / B-2 Community Business District East: Single-family homes / R-7.5 Residential District West: Witchduck Road Retail / B-2 Community Business District NATURAL RESOURCE AND CULTURAL FEATURES: The site is within the Chesapeake Bay watershed. As the site is almost entirely impervious, there are no significant environmental or cultural features on the site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being within the Pembroke Strategic Growth Area (SGA), Western Campus District, which recommends redevelopment of properties for a mid- to low-rise academic village and service district. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Virginia Beach Boulevard in the vicinity of this application is considered an eight-lane, divided, major urban arterial. The MTP proposes an eight-lane facility within a 155-foot right-of-way. Page 2

3 North Witchduck Road in the vicinity of this application is considered a four-lane, divided, minor urban arterial. The MTP proposes a four-lane facility within a 110-foot right-of-way. Witchduck Road - Phase II (CIP 2-025) will provide a six-lane, divided roadway, on a 131-foot right-of-way from I-264 to Virginia Beach Boulevard, a distance of approximately 3,550 feet. Aesthetic improvements will be provided to enhance this roadway corridor. Roadway modifications also include Admiral Wright Road and Denn Lane. TRAFFIC: Street Name Virginia Beach Boulevard North Witchduck Road Present Volume Present Capacity Generated Traffic 31,993 ADT 1 34,940 ADT 1 (Level of Service C ) - 64,260 ADT 1 (Level of Service E ) Existing Land Use 2 1,697 17,272 ADT 1 14,800 ADT 1 (Level of ADT Service C ) - 27,400 Proposed Land Use ADT 1 (Level of Service ADT E ) 1 Average Daily Trips 2 as defined by auto sales consistent with existing Use Permit 3 Current ITE Trip Generation Manual does not contain trip generation rates for a shooting range. Current Planning staff, therefore, used the rate for a bowling alley, the closest match (30 trips per lane), and reduced the result by 50% (to account for a shooting lane accommodating only one individual at a time). WATER: This site is already connected to City water. There is an existing eight-inch City water main along North Witchduck Road and there are 16-inch and 20-inch water mains along Virginia Beach Boulevard. The existing two-inch water meter and fire meter may be use or upgraded. SEWER: This site is already connected to City sanitary sewer. Analysis of Pump Station #352 and the sanitary sewer collection system may be required to ensure future flows can be accommodated. There is an existing 10-inch City sanitary sewer gravity main along North Witchduck Road. Located within an easement north of the site, there is an existing eight-inch City sanitary sewer gravity main and an existing six-inch City sanitary sewer force main. EVALUATION AND RECOMMENDATION This portion of Virginia Beach Boulevard is highly commercialized with a mix of retail and auto-related uses. As the Comprehensive Plan notes, this portion of Virginia Beach Boulevard serves a major commercial corridor. The applicant s proposal to convert the existing 51,000 square foot building to an indoor recreational facility, in Staff s view, is compatible with surrounding uses provided that adequate noise attenuation is installed and maintained. This project does, however, fall short of meeting the future goals of the Pembroke Strategic Growth Area. The SGA Plan envisions a campus setting of mid- to lowrise buildings accommodating academic institutions and service businesses. The proposal, however, does bring activity to a site and structure that have been vacant for several years. At this point, the Page 3

4 proposal is appropriate at this location, and over the long term, as the office market expands, this site could be redeveloped to a more urban form and use. As sound was a major consideration for Staff, the applicant was asked to provide information concerning noise levels at their existing facility in Richmond, Virginia and this proposed site in Virginia Beach. The ambient noise at the Richmond operation was recorded as measuring 65 db. The firing tests recorded sound levels between 51 db to 75 db. The ambient noise at the Virginia Beach Boulevard/Witchduck Road intersection was measured between 55 db and 80 db, dependent on distance from the busy intersection. Based on the detail for additional noise attenuation measures the applicant proposes within the existing building, one could expect the noise levels to be consistent with existing conditions. The applicant has supplied information from a professional sound engineer who has concluded that the "levels measured during the tests do not indicate any sound levels that would be detectable above normal background levels in a residential area or quiet suburb." While there are other elements related to sound and noise tone, percussion that cannot be predicted with this activity, to ensure protection and preservation of the existing residential neighborhood to the east, Staff is recommending a condition that the noise attenuation as presented in the submitted detail be required and that the Zoning Administrator review annually the operation to consider and address any complaints received. Staff recommends approval of this request with the conditions below. CONDITIONS 1. The hours of operation of the indoor recreation facility (shooting range) shall be limited to 9:00 a.m. to 10:00 p.m. 2. The noise attenuation measures, as depicted on the exhibit entitled, Colonial Shooting Academy, Proposed Building Section and Wall Section, shall be installed as indicated on said exhibit. 3. Renovations to the existing building and landscape materials shall adhere to the submitted plans entitled Colonial Shooting Academy, prepared by LDA Architects. Said elevations and plans have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 4. The applicant s Range Rules shall be posted inside the indoor recreation facility and shall be adhered to at all times. 5. No alcoholic beverages shall be served or permitted on site. 6. All locking devices on all exterior doors shall be high-quality security locking systems approved by the Crime Prevention Through Environmental Design (CPTED) Office. 7. All storage containers shall be removed from the site prior to the issuance of a Certificate of Occupancy from the Building Official s Office. 8. On an annual basis, commencing with the date of City Council s granting of this Use Permit, the Page 4

5 Zoning Administrator shall investigate any complaints received from the adjacent residential area that may be due to the operation of the facility, and shall, if deemed necessary as a result of the investigation, work with the applicant/facility operator to make whatever structural or operational modifications as necessary to address the issues. 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. Page 5

6 AERIAL OF SITE LOCATION Page 6

7 SITE LAYOUT Page 7

8 LANDSCAPING PLAN Page 8

9 FLOOR PLAN OF INTERIOR AND BUILDING ELEVATION Page 9

10 EASTERN WALL SECTION Page 10

11 PHOTOGRAPHS OF INTERIOR (Retail and Shooting Lanes) Page 11

12 CU ZONING HISTORY # DATE REQUEST ACTION 1 02/23/10 08/12/02 CUP (motor vehicle sales) CUP (motor vehicle sales) Approved Approved 2 07/13/93 CUP (motor vehicle repair) Approved 3 12/17/93 CUP (motor vehicle repair and service) Approved 4 02/22/94 REZ (A-12 to B-2) Approved 5 03/15/01 Street Closure Approved 6 11/28/06 CUP (school) Approved Page 12

13 DISCLOSURE STATEMENT Page 13

14 DISCLOSURE STATEMENT Page 14