Disposition Summary

Approve indoor sports and recreational facility (NAICS 713940) as a permitted use in the I (Industrial) zone.

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Staff Recommendation

Approve indoor sports and recreational facility (NAICS 713940) as a permitted use in the I (Industrial) zone.

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The property at 3030 & 3060 Amherst Road is zoned I (Industrial), which allows the Planning Commission to approve "other uses of the same general character as those listed in this section (5.61.02. Uses permitted) as permitted uses and deemed appropriate". The applicant requests that the Planning Commission approve "indoor sports and recreation facility" as a similar use to "indoor paintball ranges", which is listed as a permitted use in the I zone. See Exhibit A for a detailed description of the proposed use and its comparison to the indoor paintball ranges use. If approved as requested, the indoor sports and recreation facility use will be permitted in all I-zoned properties.

The general description of the I zone is it "provides areas in which the principal use of land is for manufacturing, assembling, fabrication and for warehousing and other uses which have heavy impacts and adverse effects on surrounding property. These uses do not depend primarily on frequent personal visits of customers or clients, but usually require good accessibility to major rail, air, or street transportation routes. Such uses are not properly associated with, nor compatible with residential, institutional and retail commercial uses." While the proposed use is reliant on frequent personal visits from customers and clients, the location of properties with the I zone, typically being on major roads, is appropriate for the use.

Indoor paintball ranges, by definition, include airsoft ranges. This use is subject to the supplemental regulations in Article 4.97.01.C., Standards for the approval of indoor and outdoor paintball/airsoft ranges. The only standards that apply in the I zone for indoor paintball/airsoft ranges are a minimum floor area of 25,000 sqft and a plan of operations being provided to the director of codes enforcement and administration, which must be submitted for review and approval by the county sheriff's department, the county health department, and the state department of transportation. These requirements were developed specifically for paintball/airsoft ranges and will not apply to the requested indoor sports and recreational facility use.

The I zone provides a NAICS (North American Industry Classification System, 1997 edition) code for most permitted uses (Section 5.61.2. Uses permitted). Any business listed under the NAICS classification for is considered permitted, provided all other zoning code requirements are fulfilled. The most similar NAICS code to the proposed use is "fitness and recreational sports centers" (NAICS 713940). The code description and uses under this code are in Exhibit B.

Staff recommends approval of the "indoor sports and recreation facility" similar use request, adding the NAICS code 713940.