PLN-USE-2021-020 C4 Boxing Club
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
Docket Item "F" PLN-USE-2021-020
C4 Boxing Club
CITY COUNCIL PACKAGE FOR
OCTOBER 19, 2021
Page Executive Summary
1–2 Application Summary
3–4 Planning Commission Draft September Minutes
5 – 15 Staff Report: August 25, 2021
14 Site Plan
15 Aerial
16 GIS Exhibit
City of Chesapeake
Department of Planning
Post Office Box 15225
Chesapeake, VA 23328
(757) 382-6176
www.cityofchesapeake.net/planning
CITY COUNCIL EXECUTIVE SUMMARY AND UPDATE
PLN-USE-2021-020
C4 Boxing Club
VICINITY MAP
Project Proposal: A conditional use permit to operate an amateur boxing gym.
Tax Map ID: 0050-000-001-260 Existing Zoning: B-1, Neighborhood
Business District
Property Address / Planning Area: Existing 2035 Land Use Plan
2990 Churchland Boulevard / Designation: Business / Commercial
Western Branch
Applicant: Executive Summary and Update Date:
David Olivis September 14, 2021
Property Owner: Project Planner:
CBS LLC Alyssa Neil, Senior Planner
The applicant seeks approval of a conditional use permit to operate C4 Boxing Club, an amateur boxing gym, in an existing shopping center located at 2990 Churchland Boulevard. The proposed site consists of approximately 1,445 square feet of tenant space and is located in an existing shopping center. The applicant is proposing to use the tenant space strictly for sparring and other training purposes. The space will be equipped with a boxing ring and heavy bags. C4 Boxing Club specializes in competitive boxing, boxing for fitness, self-defense, and youth mentorship, while teaching the four C’s – confidence, character, conditioning, and coach-ability – and the applicant intends on utilizing the space to offer boxing training to all levels of experience. The gym will have no more than three employees on site at any given time, and sanctioned events will be held at larger off-site venues. The applicant has indicated that C4 Boxing Club trainers are qualified to coach both amateur and professional boxing under USA Boxing and the Department of Professional and Occupational Regulation (DPOR) – Virginia Professional Boxing. Currently, there is one other C4 Boxing Club located in Hampton, Virginia. The request was heard at the September 8, 2021, Planning Commission Public Hearing, where it was recommended for approval. The applicant was present to answer questions from the Commissioners and provided a briefing on the operation and community benefits. The Commission discussion included questions of staff and the applicant regarding if the business is currently operating, scholarships and community service, participation, parking, operational requirements, hours of operation, and potential noise impacts on adjacent businesses. There were no speakers in opposition to the project Staff is not aware of any updates since Planning Commission and recommends approval of this request. PREVIOUS STAFF REPORTS AND UPDATES: Version dated August 25, 2021 PLN-USE-2021-020 C4 Boxing Club Page 2 of 2
1
APPLICATION SUMMARY
PLN-USE-2021-020 C4 Boxing Club
PLN-USE-2021-020 C4 Boxing Club APPLICANT: David Olivis OWNER: CBS LLC
PROPOSAL: A conditional use permit to operate an amateur boxing gym. ZONE: B-1,
Neighborhood Business District LOCATION: 2990 Churchland Blvd TAX MAP PARCEL:
0050000001260 PLANNING AREA: Western Branch
SUBMITTED: 06-07-2021 ACCEPTED: 07-14-2021
STAFF RECOMMENDATION
Approval with stipulations:
1. The applicant shall install landscaping in the location shown on the Preliminary
Site Plan, revised August 6, 2021. A landscaping plan showing the details of the
plants to be installed and meeting the requirements of the Chesapeake Zoning
Ordinance Section 19-600 et seq. shall be submitted to the City’s Landscape
Coordinator within sixty (60) days of approval of this use permit. All landscaping
shall be installed prior to issuance of the final certificate of occupancy and shall be
maintained for the duration of use.
2. A backflow preventer is to be installed on all water systems before any takeoffs
are made and in accordance with the manufacturer's recommendations, the
International Plumbing Code requirements, and Department of Public Utilities
policy. The backflow preventer must meet National Standard NSF 61 (lead free).
The backflow preventer is to be installed, tested by a DPOR certified technician,
and documentation received by Public Utilities within 90 days of the date of
approval of this conditional use permit, or prior to the initiation of this conditional
use, whichever occurs first.
PLANNING COMMISSION
HEARING DATE: 09-08-2021
RECOMMENDATION: APPROVAL with stipulations
VOTE: 8–1
2
APPLICATION SUMMARY
PLN-USE-2021-020 C4 Boxing Club
APPLICANT: David Olivis
C4 Boxing Club of Portsmouth LLC
856 Moyer Rd
David Olivis
Newport News, VA 23608
(757) 927-5621
davidolivis@yahoo.com
OWNER: CBS LLC
953 Reon Dr
Virginia Beach, VA 23464
3
Chesapeake Planning Commission
DRAFT September 8, 2021 Public Hearing Minutes
14. PLN-USE-2021-020
PROJECT: C4 Boxing Club
APPLICANT: David Olivis
OWNER: CBS LLC
PROPOSAL: A conditional use permit to operate an amateur boxing gym.
ZONE: B-1, Neighborhood Business District
LOCATION: 2990 Churchland Blvd
TAX MAP PARCEL: 0050000001260
PLANNING AREA: Western Branch
PLANNING COMMISSION RECOMMENDATION:
APPROVAL with the following stipulations: (8 – 1; Williams/Gilbert,
Gerloff opposed)
1. The applicant shall install landscaping in the location shown on the
Preliminary Site Plan, revised August 6, 2021. A landscaping plan showing
the details of the plants to be installed and meeting the requirements of the
Chesapeake Zoning Ordinance Section 19-600 et seq. shall be submitted
to the City’s Landscape Coordinator within sixty (60) days of approval of this
use permit. All landscaping shall be installed prior to issuance of the final
certificate of occupancy and shall be maintained for the duration of use.
2. A backflow preventer is to be installed on all water systems before any
takeoffs are made and in accordance with the manufacturer's
recommendations, the International Plumbing Code requirements, and
Department of Public Utilities policy. The backflow preventer must meet
National Standard NSF 61 (lead free). The backflow preventer is to be
installed, tested by a DPOR certified technician, and documentation
received by Public Utilities within 90 days of the date of approval of this
conditional use permit, or prior to the initiation of this conditional use,
whichever occurs first.
Mr. McNamara read PLN-USE-2021-020 into the record for Commission review and
action.
Staff Presentation:
Ms. Neil stated that based on the findings listed in the staff report, planning staff
recommended that PLN-USE-2021-020 be APPROVED with the stipulations as listed in
the official agenda.
Proponent:
David Olivis, 2990 Churchland Boulevard, Chesapeake, Virginia, applicant. Mr. Olivis
provided background information and will standby for questions.
4
Chesapeake Planning Commission
DRAFT September 8, 2021 Public Hearing Minutes
COMMISSION DISCUSSION:
Chairman Sweeney asked Mr. Olivis if it is possible for children to receive scholarships,
and Mr. Olivis replied yes, and provided additional community support details.
Secretary Steiner asked Mr. Olivis if there is enough parking and if everyone was
supportive. Mr. Olivis responded yes, there is ample parking. Secretary Steiner asked
Mr. Olivis how he partners with everyone. Mr. Olivis stated that he is a teacher and is
involved with several teacher chats, and those individuals who have challenges are the
ones that they target for the program.
Commissioner Gerloff asked Mr. Olivis if he is concerned with the hours of operation and
special events not being stipulated. Mr. Olivis stated that events are US Boxing
sanctioned events, and there are special requirements which his space does not meet
the criteria; however, there will be sparring sessions during the time. Commissioner
Gerloff asked Mr. Olivis if he would be okay with the hours of operation being stipulated,
and Mr. Olivis replied yes, if it helps move the application through the process.
Commissioner Gerloff asked staff if the special events need to be stipulated. Ms. Neil
stated that it should not be stipulated because they do not have the space to hold a special
event, and the fire code has occupant loads. Commissioner Gerloff stated that he will
support the application if a stipulation would be in place for the hours of operation.
Commissioner Williams asked staff when the conditional use permit will expire. Ms.
Lindley stated that if the use is initiated within a 3-year timeframe, then it will not expire
unless it is abandoned or cease of use.
Commissioner Ellis asked staff what the parking requirement is for the proposed use, and
Ms. Neil stated that there is adequate parking, and an additional handicapped parking
space needed to be added. Commissioner Ellis asked if there is no impact with the other
uses and there is enough parking within the shopping center, and Ms. Neil replied, yes.
COMMISSION VOTE:
Commissioner Williams moved that PLN-USE-2021-020 be APPROVED with the
stipulations as listed in the official agenda and as recommended by staff. Commissioner
Gilbert seconded the motion. The motion was carried by a vote of 8 – 1. Commissioner
Gerloff voted against the motion5
City of Chesapeake
Department of Planning
Post Office Box 15225
Chesapeake, VA 23328
(757) 382-6176
www.cityofchesapeake.net/planning
PLN-USE-2021-020
C4 Boxing Club
VICINITY MAP
Project Proposal: A conditional use permit to operate an amateur boxing gym.
Tax Map ID: 0050-000-001-260 Existing Zoning: B-1, Neighborhood
Business District
Property Address / Planning Area: Existing 2035 Land Use Plan
2990 Churchland Boulevard / Designation: Business / Commercial
Western Branch
Applicant: Public Hearing Date: September 8, 2021
David Olivis Staff Report Date: August 25, 2021
Property Owner: Project Planner:
CBS LLC Alyssa Neil, Planner
STAFF RECOMMENDATION
☐ APPROVED ☒ APPROVED WITH STIPULATIONS ☐ CONTINUED ☐ DENIED6
FINDINGS:
1. The proposed use is located within an area recommended for
Business/Commercial land use on the 2035 Chesapeake Comprehensive Plan
Land Use Map and the proposed use is consistent with that designation.
2. The proposed conditional use, as stipulated, is consistent with the 2035
Chesapeake Comprehensive Plan Land Use Section as it is appropriate in terms
of size, access, and environmental conditions, and is therefore compatible with
adjacent and surrounding properties.
3. The proposed conditional use, as stipulated, is consistent with the action strategies
of the 2035 Chesapeake Comprehensive Plan, to expand the diversity of the City’s
economic base and support the growth of the small business community.
STAFF RECOMMENDATION:
Based on the findings contained in this staff report, staff recommends that PLN-USE-
2021-020 be APPROVED with the following stipulations:
1. The applicant shall install landscaping in the location shown on the Preliminary
Site Plan, revised August 6, 2021. A landscaping plan showing the details of the
plants to be installed and meeting the requirements of the Chesapeake Zoning
Ordinance Section 19-600 et seq. shall be submitted to the City’s Landscape
Coordinator within sixty (60) days of approval of this use permit. All landscaping
shall be installed prior to issuance of the final certificate of occupancy and shall be
maintained for the duration of use.
2. A backflow preventer is to be installed on all water systems before any takeoffs
are made and in accordance with the manufacturer's recommendations, the
International Plumbing Code requirements, and Department of Public Utilities
policy. The backflow preventer must meet National Standard NSF 61 (lead free).
The backflow preventer is to be installed, tested by a DPOR certified technician,
and documentation received by Public Utilities within 90 days of the date of
approval of this conditional use permit, or prior to the initiation of this conditional
use, whichever occurs first.
PLN-USE-2021-020 C4 Boxing Club Page 2 of 67
EXISTING ZONING MAP
2035 LAND USE MAP
PLN-USE-2021-020 C4 Boxing Club Page 3 of 68
PROJECT DESCRIPTION:
The applicant seeks approval of a conditional use permit to operate C4 Boxing Club, an
amateur boxing gym, at 2990 Churchland Boulevard. The proposed site consists of
approximately 1,445 square feet of tenant space and is located in an existing shopping
center between Aqua Leisure Pools and a barber shop. The subject parcel is 0.59 acres,
zoned B-1, Neighborhood Business District, is located within the Suburban Overlay
District, and within the Western Branch Planning Area.
C4 Boxing Club specializes in competitive boxing, boxing for fitness, self-defense, and
youth mentorship, while teaching the four C’s – confidence, character, conditioning, and
coach-ability. The applicant intends on utilizing the space to offer boxing training to all
levels of experience, from beginner to professional athletes, ages seven and up. The gym
will have no more than three employees on site at any given time. The proposed hours of
operation are primarily Monday through Thursday, 5:00 p.m. to 7:00 p.m. The applicant
also seeks to offer alternative times on an appointment only basis, though never before
7:30 a.m. or after 7:30 p.m.
The existing 6,392 square foot shopping center, comprised of three tenant spaces, was
constructed in 2013. Indoor recreation facilities, which are not elsewhere classified in the
Chesapeake Zoning Ordinance, are conditional uses in the B-1, Neighborhood Business
District; therefore, the approval of a conditional use permit is required for the boxing
facility. The applicant is proposing to use the tenant space strictly for sparring and other
training purposes. The space will be equipped with a boxing ring and heavy bags.
Sanctioned events will be held at larger off-site venues.
The applicant has indicated that C4 Boxing Club trainers are qualified to coach both
amateur and professional boxing under USA Boxing and the Department of Professional
and Occupational Regulation (DPOR) – Virginia Professional Boxing. Currently, there is
one other C4 Boxing Club located in Hampton, Virginia.
COMMENTS:
AGENCIES NOTIFIED RESPONSE REC’D DATE AGENCIES NOTIFIED RESPONSE REC’D DATE
D & P / Dev Engineering No Comments City of Portsmouth No Comments
D & P / Zoning July 14, 2021 Fire Prevention July 14, 2021
D & P / Landscape July 29, 2021 Police No Comments
D & P / Code Enforce July 21, 2021 Parks & Recreation July 21, 2021
Public Utilities July 28, 2021
PLN-USE-2021-020 C4 Boxing Club Page 4 of 69 STAFF ANALYSIS: The Chesapeake 2035 Comprehensive Plan, Land Use Map, designates the subject property as being suitable for Business/Commercial uses, and the proposed commercial use as a boxing club is consistent with that designation. Additionally, the Comprehensive Plan, Economy Element, includes action strategies to diversify the City’s economic base and support the growth of the small business community. The applicant is a small business owner, with only one other C4 Boxing Club location in Hampton Roads. For these reasons, the proposed use is consistent with the goals of the Chesapeake 2035 Comprehensive Plan. The proposed boxing facility will be located within an existing shopping center. No changes to the exterior of the building are proposed. There are no added street entrances or changes in traffic patterns from that which was previously approved for the shopping center. The Department of Development and Permits has reviewed the application and indicated that handicap accessible parking modifications will be required prior to issuance of a Certificate of Occupancy. The site is currently equipped with twenty-nine (29) parking spaces and one handicap accessible space. The revised Preliminary Site Plan (PSP) dated August 6, 2021, depicts three accessible parking spaces - two standard accessible parking spaces and one van-accessible parking space to comply with current zoning regulations. Per Section 19-600 et seq. of the Chesapeake Zoning Ordinance, the applicant will be required to install a ten foot landscape buffer (Buffer Yard C) along the northern boundary line where the property abuts the adjacent R-MF-1, Residential Multi-Family, zoned property. The landscape buffer is depicted on the PSP, and as stipulated, will be installed before commencement of the proposed use. The proposed use will not negatively affect the compatibility of the existing shopping center with the surrounding community. There will be no additional construction and no additional glare from vehicular or stationary lights are anticipated to impact nearby residential uses. Staff anticipates that the proposed use will not generate a substantial increase in noise levels that would exceed the maximum sound levels typical of uses permitted by right in the B-1 zoning district. The Department of Public Utilities reviewed the proposal and stated that Chesapeake City sewer is available and required. Although Chesapeake city water is not currently available, the property is served with Portsmouth city water. The applicant will be required to work with Portsmouth Public Utilities to ensure the site is properly equipped with a backflow preventer and they will need to demonstrate compliance to Chesapeake Public Utilities, within 90 days of approval of the conditional use or prior to issuance of the certificate of occupancy, whichever comes first. The nature of the proposed use falls under SIC code 7999, which pertains to Indoor Recreation Facilities not elsewhere classified. The use proposed for this tenant suite will include an indoor amateur boxing gym. This Conditional Use Permit does not include the allowance for special events including, but not limited to, boxing matches, tournaments, or exhibitions that are open to off-premise visitors and/or non-members. The building that PLN-USE-2021-020 C4 Boxing Club Page 5 of 6
10
will house the boxing gym is required to comply with building and fire code standards to
ensure safety of the occupants of the building. The applicant has been informed of the
need for the site and shopping center suite to meet all code requirements prior to a
Certificate of Occupancy and agrees to make any necessary improvements.
Staff’s review finds that, as stipulated, the proposed use is consistent with the goals and
policies of the Comprehensive Plan, compatible with the surrounding community and will
have no more adverse effects on the health, safety, or comfort of persons living or working
in the area than would any other use generally permitted in the B-1, Neighborhood
Business District. As such, staff recommends approval of this conditional use permit as
stipulated.
ATTACHMENTS:
1. Departmental Review Comments
2. Preliminary Site Plan, June 23, 2021; Revision date August 6, 2021
3. 2020 Aerial Map
PLN-USE-2021-020 C4 Boxing Club Page 6 of 6PLN-USE-2021-020, C4 Boxing Club 11
July 23, 2021
Page 2
DEPARTMENTAL REVIEW COMMENTS
PLN-USE-2021-020 – C4 Boxing Club
DEVELOPMENT & PERMITS:
BUILDING: PROVIDED ON July 21, 2021
Advisory:
A building permit will be required to establish Certificate of Occupancy.
The accessible parking modifications required by Zoning will need to meet the
requirements of the ICC/ANSI A117.1-2009 standard.
Plans for the build-out will be required to have a licensed architect’s seal and signature
on each sheet.
Contact:
Lee Ostheller
lostheller@cityofchesapeake.net
(757) 382-6913
LANDSCAPING: PROVIDED ON July 29, 2021
Advisory:
Where the property abuts the adjacent property that is zoned RMF-1, show and call out
a 10’ wide landscape Buffer Yard “C”.
Contact:
Michael Perry
meperry@cityofchesapeake.net
(757) 382-6531
ZONING: PROVIDED ON July 14, 2021
Advisory:
A revised site plan will be required to meet handicap requirements. Handicapped parking
spaces do not meet the requirements of the Building Code. A minimum of 2 standard
accessible parking spaces are required. In addition to that requirement, an establishment
having twenty-five (25) or more off-street parking spaces shall provide at least one
additional van-accessible parking space which shall be posted with a sign limiting usage
to disabled persons in wheelchairs as required by Section 19-408.D of the zoning
ordinance.
A conditional use permit shall automatically expire and become void three years from the
date of approval by City Council, unless within such three-year period: (1) a building
permit is obtained and erection or alteration of a structure is started; or (2) an occupancy
permit is obtained and a use commenced.
Contact:12 PLN-USE-2021-020, C4 Boxing Club
July 23, 2021
Page 3
Dale Ware
dware@cityofchesapeake.net
(757) 382-6385
PUBLIC UTILITIES: PROVIDED ON JULY 28, 2021
Advisory:
Post signs at each toilet prohibiting flushing of sanitary products, wipes, paper towels etc.
per the attached example.
City sewer is available and required. The sewer main is located in the right-of-way
adjacent to the subject property. There is a 12” sewer main on Churchland Boulevard.
Chesapeake city water is not currently available, but the property is served with
Portsmouth city water. Private water service is not approved for this development.
The property may be equipped with a backflow preventer on the Portsmouth water supply.
Please contact Portsmouth Public Utilities and provide a current test certificate for the
device, if so equipped. Otherwise, a backflow preventer will need to be installed and
tested per stipulation below.
STIPULATION: A backflow preventer is to be installed on all water systems before any
takeoffs are made and in accordance with the manufacturer's recommendations, the
International Plumbing Code requirements, and Department of Public Utilities policy. The
backflow preventer must meet National Standard NSF 61 (lead free). The backflow
preventer is to be installed, tested by a DPOR certified technician, and documentation
received by Public Utilities within 90 days of the date of approval of this use conditional
use permit, or prior to the initiation of this conditional use, whichever occurs first.
Final determination as to whether adequate water or sewer service is available can only
be made at the time the water or sewer connection fees are paid and accepted by the
City and the building permits are requested.
If the size of the existing water meter changes then additional City water, City sewer and
HRSD connection fees will be assessed.
Contact:
Ed West
edwest@cityofchesapeake.net
(757) 382-6671
FIRE: PROVIDED ON JULY 14, 2021
Advisory:
It is noted that there is good emergency access and an existing public fire hydrant that
meets both distance and fire-flow requirements.
A Fire Code Operational Permit will be required if determined to be an A-3 occupancy
use (assembly) whereby after conditional use permit approval a fire inspection will be
conducted to ensure fire and life safety compliance with the Fire Code at such time thePLN-USE-2021-020, C4 Boxing Club 13
July 23, 2021
Page 4
permit will be issued. In addition, an occupancy capacity certificate will also be issued to
be posted in the occupancy suite.
Contact:
Harold Creason
hcreason@cityofchesapeake.net
(757) 382-6566
PARKS AND RECREATION: PROVIDED ON JULY 21, 2021
Advisory:
Please include pedestrian connections/sidewalk adjacent to Churchland Boulevard
should this project require external site improvements.
Contact:
Ana Elezovic
aelezovic@cityofchesapeake.net
(757) 382-13111 inch = 47 feet Printed 6/23/2021 at 11:06:00 AM Revised: 8/6/2021
14
¯ Zoning District: RMF-1
"
uffer yard "C Zoning District: B-1
Landscape B
PLN-USE-2021-020
2990 Churchland Blvd
shop Parcel: 0050000001260
Dumpster Barber
eisure
Aqua L
Pools
sed
Propo
g
Zoning District: B-1 Boxin
Gym
Proposed Use:
Boxing Gym 1,445sqft
Zoning District: B-1
Zoning District:
B-1
26 Parking Spaces
2 Handicap Parking Spaces
1 Van-Accessible Handicap
Space
ft
Source: Es ri, Max ar, G eoEye, Earths tar G eographics , CNES/Airbus DS, USDA,
0 25 50 100 150 USG S, AeroGRID, IGN, and the GIS User Community15
16
C4 Boxing Club
APPLICANT: David Olivis OWNER: CBS LLC PROPOSAL: A conditional use permit to
operate an amateur boxing gym. ZONE: B-1, Neighborhood Business District
LOCATION: 2990 Churchland Blvd TAX MAP PARCEL: 0050000001260 PLANNING
AREA: Western Branch
PLANNER PLANNING COMMISSION MEETING
A. NEIL SEPTEMBER 8, 2021You can also read
