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Home My WebLink AboutCLE201900137 Approval - County 2019-07-01Application for Zoning Clprance cy CLE # 0��°T OFF-IEE-{-USE, ONLY PLEASE REVIEW ALL 3 SHEETS Check # I q U Date: Receipt # J SZ I Staff: PARCEL INFORMATION Tax Map and Parcel:/1 D /2 Q aj DO) 0 Q Existing Zoning C Parcel Owner: RONALD M. KEENEY Parcel Address: 1413 SACHEM PL 213 City CHARLOTTESVILLE State VA Zip 22901 (include suite or floor) PRIMARY CONTACT Who should we call/write concerning this project? XIONG CHANG Address :1415 SACHEM PL 2 B City CHARLOTTESVILLE State VA Zip 22901 Office Phone: (434) 2847935 Cell # Fax # E-mail info@acupuncturechang.com APPLICANT INFORMATION Check any that apply: Change of ownership Change of use Change of name New business Business Name/Type: ACUPUNCTURE CHANG HEALING CENTER, LLC Previous Business on this site Describe the proposed business including use, number of employees, number of shifts, available parking spaces, number of vehicles, and any additional information that you can provide: LISE FOR AGI IRI INICTI IRE TREATMENT, SOLO PRACTITIONER, 2 IDESIGNIATED PARKING I OTS A NO C)THF=RS *This Clearance will only be valid on the parcel for which it is approved. If you change, intensify or move the use to a new location, a new Zoning Clearance will be required. 1 hereby certify that I own or have the owner's permission to use the space indicated on this application. 1 also certify that the information provided is true and accurate to the best of my knowledge. I have read the conditions of approval, and I understand them, and that I will abide by them. Signature Printed XIONG CHANG P ROVAL INFORMATION Approved as proposed [ ] Approved with conditions [ ] Denied [ ] Backflow prevention device and/or current test data needed for this site. Contact ACSA, 977-4511, xl 17. [ ] No physical site inspection has been done for this clearance. Therefore, it is not a determination of compliance with the existing site plan. [ ] This site complies with the site plan as of this date. Notes: Building Official Date Zoning Official Date Other Official Date County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 Revised 11 /02/2015 Page 2 of 3 Intake to complete the following: Y / IN/ Is use in Ll, HI or PDIP zoning? If so, give applicant a Certified Engineer's Report (CER) packet. Y / (0 Will there be food preparation? If so, give applicant a Health Department form. Zoning review can not begin until we receive approval from Health Dept. FAX DATE Circle the one that applies Is parcel on private well or4� er? If private well, provide Health Department form. Zoning review can not begin until we receive approval from Health Dept. FAX DATE Circle the one that applies Is parcel on septic or ublic sewer. Y Wil you be putting up anew sign of any kind? If so, obtain proper Sign permit. Permit # Y Will ere be any new construction or renovations? If so, obtain the proper Permit. Permit # Zoning to complete the following: Reviewer to complete the following: Square footage of Use: t f - 5 F co,,W v l4-,11G Omttedas: kw(f7 sgaj Uk'Ce-� 6ea-+(etz Under Section: 2Z- I Z- Supplementary regulations section: Parking formula: 1 1 Z,00 Required spaces: / Y/N l(� Items to be verified in the field: Inspector : Date: Notes: Viola,��'ons: Y/(Nj If so, ist: Prof s: Y/�N If s8, ist: e: Y VaM,C5 If st: � SP's- Y [f SO, st: Clearances: SDP' sSb4' +I Sum Vti�u �e a vT_ ZOO -I—I i Revised 11 /1 /2015 Page 3 of') c!,Qvo(,p -,;Vfbture veriticavof 113 REALTOR01) prF �Iljr Commercial Purchase Agreement Each commercial transaction is different. This form may not address your specific purpose. This is a legally binding document. If not understood, seek competent advice before This Commercial Purchase Agreement (the "Agreement") is dated 'nth — 20 19 between Ronald X. Keeney -- ........... . ............... --- -------- Seller") and Chang and/or assiqns ("Purchaser"). The parties acknowledge that Carriers Real 9state ("Listing Broker') represents Seller and that PEAL ESTATE Is - NORTH ("Selling Broker") represents [select one): 0 Seller 0 Purchaser. The parties further acknowledge that disclosure of the brokerage relationships was made to them by the real estate licensees involved in this transaction when specific assistance was first rendered and confirmed in writing. 1 Sale_of Property. Purchaser agrees to buy and Seller agrees to sell the land, all -1-1.1111 ---- . .. . ....... -- improvements thereon, and all rights and appurtenances thereto belonging, located in the City/County of Albemarle Virginia, with a tax parcel no, of 36 - INI-0 - 2 - 02-00300 and a street address of w a.s Sachem Place, unit 2, Charlottesville,VA Seller discloses that [select there are no tenants or other parties -.ire -possession of the Property OR 0 there are tenants or persons who are in possession of the Property as set forth on SCHEDULE A attached hereto, 124 2, Purchase Prig e. The purchase price for the Property is hundred fivo ffinitsand five hundred Dollars ($_ 20',00 (the "Purchase Price") and shall be paid to Seller at Settlement, subject to the prorations and,,, adjustments described herein, as follows: A- De it: Purchaser shall make a deposit of :t 5=- Goo-00 - to be held by Rea' Estae . . .. ............. . .. . t... -11 (the "Escrow Agent") in the form of: 7 check FJ cash other (the "Deposit"). Purchaser [select one]. El has paid the Deposit to the EscrowAgent OR iZ will pay the Deposit to the Escrow Agent within -- days (the 'Extended Deposit Date") after the date this Contract is fully executed by the parties. If Purchaser fails to pay the Deposit as set forth herein, then Purchaser shall be in breach of this Contract. At Seller's option and in lieu of all other remedies set forth in this Contract, Seller may terminate this Contract by written notice to Purchaser and neither party shall have any further obligation hereunder. If the Escrow Agent is a Virginia Real Estate Board ('VREB') licensee, the parties direct the Escrow Agent to place the Deposit in an escrow account by the end of the fifth business banking day following the latter of: (i) the date this Contract is fully executed by the parties, or (ii) the Extended Deposit Date. If the Escrow Agent is not a VREB licensee, the parties direct the Escrow Agent to place the Deposit in an escrow account in conformance with applicable Federal or Virginia law and regulations, The Deposit may be held in an interest bearing account and the parties waive any claim to interest resulting from such Deposit. The Deposit shall not be released by the Escrow Agent until (i) credited toward the purchase price at settlement; (h) Seller and Purchaser agree in writing as to its disposition, (iii) a court of competent jurisdiction orders a disbursement of the funds, or (iv) disbursed in such manner as authorized by the terms of this VAR Form 700 Revised 04/i.55 Page I of 10 Reviewed 04/15 This contract as for use by TIM CARSON, u6e by any other party is "Alegal and voids the nnnt'a't. 4. . A. Fora period of TEN DAYS ----- days following execution a/this Agreement by all parties (the"FeasibUity Period"), Pvr�h�s�� its agents and contractors, Sh@U have the right to: (i) enter the Property for the purpose of inspecting the Property and performing tests as are desirable to Purchaser in its sole and absolute discretion; (ii) seek zoning information from the local governing authority concerning Purchaser's intended use of the Property; and/or (iii) apply for lender financing toacquire the Property. B. Within five (5) days after SeHer's receipt of e fully executed copy of this Agreement, if not previously delivered, Seller shall deliver to Purchaser copies o[ the following materials related to the Property /f in Seller's possession: (|) any Phase or other environmental studies; (ii) a current survey; (ii|) the most current owner's title insurance policy; and (iv) all !eases and rent rolls for each tenant identified in SCHEDULE A (including without limitation, the base monthly rental and all taxes, insurance, and othorpass-thruughs paid bythe tmnmmt)/ and all contracts affecting the Property that are not terminable at will, Items (i) through (iv) are collectively referred to aathe "Materia|s"' C. If Purchaser is not satisfied in its mm!e and absolute discretion with all aspects of the Property (including zoning) or the Materials , or has not obtained financing upon terms and conditions satisfactory to Purchaser, then Purchaser shall have the right, upon written notice to Seller prior to the expiration of the Feasibility Period, to terminate this 4greernent, in which event the Deposit shall be refunded in full to Purchaser and the parties shall have no further obligation or liability to one another, except for any liability pursuant to the indemnity provisions of Paragraphs 4D., 10 and 11. Purchaser acknowledges that the Feasibility Period will not be extended for any reason, regardless of whether Purchaser has completed its inspections or zoning inquiry, orhas obtained financing, D. If Purchaser fails to acquire the Property, Purchaser agrees: (i) to repair any damage arising as a result of its exercise of the right of access granted in this Paragraph 4; (/i) to indemnify and hold Seller harmless from any and all liability of any kind or nature whatsoever as a result of the exercise of such right of access, other than as a result of Seller's negligence or misconduct or the negligence or misconduct of Seller's agents, employees or contractors; and (i||) upon demand to return the Materials to Seller. 5. Purchaser may, at its sole expense, obtain a title insurance connnnbnnent and a survey for the Property. Prior to the expiration of the Feasibility Period , Purchaser shall notify the Seller in writing as to any title or survey objections regarding the Property that the Purchaser is unwilling to accept (collectively the "Title Objections"). Seller shall advise Purchaser in writing within ten (lO) days after receipt of such notice, which if any of the Title Objections will not be cured by Seller at or prior to Settlement. IfSeller fails to nampmmd to Purchaser within such tan (10) day period or if Seller's response indicates that it dues not intend to cure one or more ofthe Title Objections, then Purchaser may, atits option either (i) terminate this AQFe£OleR1 by A|V|Ag written D0t(Ce to Seller, (|)) CUre such Title Objections at its own expense and proceed to Settlement with no reduction in the Purchase Price; or (iii) vvmime such Title Objections and proceed to Settlement, with no reduction in the Purchase Price, If Purchaser elects to terminate this Agreement, the Deposit shall be refunded in 6mU to Purchaser and the parties shall have nm further obligation orliability to one another, except for any liability pursuant to the indemnity provisions ofParagraphs 4O., lO and 11. 6. Thks Agreement and all of Purchaser's obligations hereunder are further subject to Purchaser determining in its sole and absolute discretion that all of the conditions set forth in this Paragraph 6 have been satisfied or waived in writing by Purchaser. In the event that any of the following conditions are not satisfied or waived by Purchaser, Purchaser may give written notice to Seller terminating this Agreement on or VAR Funn 700 Revised 04/15 Page 3 of 10 part thereof, except for the Leases attached hereto and made a part hereof as SCHEDULE A. H. ��r�m�ap��any c��e�t�g��ePmpr�th�� not terminable at will, except as disclosed on SCHEDULE R, which is attached hereto and made a part hereof. Between the date all' this Agreement and the Settlement date, Seller will not, without the prior written consent ofPurchaser, which consent shall not be unreasonably withheld, enter into any contract relating to the Property that is not terminable atwill. I.not, nor to the best ofSeller's knowledge or belief has any predecessor /n title, executed or caused to be executed any document with or for the benefit of any governmental authority restricting the development, use or occupancy of the Property that has not specifically been disclosed to Purchaser orwouldn't be revealed by a title report. 8. Risk of Loss. The risk cfloss or damage to the Property by fire or other casualty prior to ��±|ern�nt �haU be on the Seller. If such loss or damage materially and adversely affects the use of the Property as of Settlement, Purchaser shall be entitled to terminate this Agreement by written notice to Seller, in which event the Deposit shall be refunded in full to Purchaser and the parties shall have no further obligation orliability tu one another, except for any liability pursuant to the indemnity provisions ofParagraphs 40., 10amd 11. 9. . If, prior to Settlement, any taking pursuant to the power of eminent domain is proposed or occurs, as to all or any portion of the Property intended to be acquired at Settlement by the Purchaser, or sale occurs in lieu thereof, the Purchaser shall be entitled to terminate this Agreement by written notice to Seller, in which event the Deposit shall be refunded in hu|| to Purchaser and the parties shall have no further obligation orliability toone another, except for any liability pursuant to the indemnity provisions of Paragraphs 4D., 10 and 11. IQ. Atc pgrgli n. Durno the term of this Agreement, Purchaser and his duly authorized agents shall be entitled to reasonable access to the Property for the purpose of surveying, appraising and making other findings related to the Property. Purchaser agrees bo indemnify and hold the Seller harmless from any and all |/ah||itV of any kind or nature whatsoever as a result of the exercise of such right ofaccess, other than as a naauft of the Seller's gross negligence orwillful misconduct, 11. . Each party represents and warrants that it did not ozmsub or deal with any broker oragent with regard to this Agreement or the transaction contemplated hereby, except for the Listing Broker and the Selling Broker, and each party hereto agrees to indemnify and hold harmless the other party from all liability, expense, loss, coat or damage, including reasonable attorneys' fees, that may arise by reason of any claim, demand or suit of any agent or broker arising out of facts constituting a breach of the foregoing representation and warranty. Lisbng Broker shall be paid a brokerage fee bySeller ur 2r of the Purchase Price. Selling Broker shall be paid by Seller fee of 0�Y6 of the Purchase Price. The fees to the Listing Broker and Selling Broker shall be paid in Cash at Settlement, 1�. l�l��. Any notice, request or dernand required or permitted to be given pursuant to this Agreement shall be in vvhhnQ and shall be deemed sufficiently given if, delivered by hand or messenger at the address of the intended recipient, sent prepaid by Federal Express (or a comparable guaranteed overnight delivery service), or deposited in the United States first class roa|| (registered or certified, postage prepaid, with return receipt requested), addressed to the intended recipient, at the intended recipient's address set forth below, or at such other address as the intended recipient may have specified by written notice to the sender given in accordance with the requirements of this Pamegnaph. Any such notice, request or demand so givem shall be deemed given unthe day itisreceived by the recipient, VAR Form 700Rewisad 04/15 Page 5of10 Reviewed 04/15 Tbi-,m=trAct i°for use by TIMcARSMUse by any othermamty i°illegal and voids the contract, '10t1cop s5grlFwre VB?Iflcation, 14. A. fen al _Aoreernqnt. This Agreement contains the entire agreement between the parties hereto relating to the Property and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the parties hereto. 13, b_k. This Agreement shall be construed, performed and ja enforced in accordance with the laws of the Commonwealth of Virginia and shall not be amended or modified and no waiver of any provision hereof shall be effective unless set forth in a written instrument executed with the same formality as this Agreement. C. Assi riment, This Agreement shall not be assigned by one party without the 9, - written consent of the other party, except the assignment of this Agreement to an entity owned by Purchaser or the principals of Purchaser shall not require the consent of Seller, but Purchaser shall provide written notice to Seller of such assignment, This Agreement shall inure to the benefit of the parties hereto and their respective and permitted successors and assigns, D. Co-unte-ro-a-r1s. This Agreement may be signed in one or more counterparts, each of which is deemed to be an original and all of which shall together constitute the same instrument. The parties agree that a fax of any signed original document shall have the same effect as an oricinal. E. Ta x Defe I r. jL_: re Either party may elect to include the conveyance 'Of the Property in an 1RS Section 1031 Like Kind Exchange (a tax -deferred exchange). In the event that a party makes such an election, the non -exchanging party agrees to execute such documents necessary to effectuate such an exchange (at no cost to the exchanging party), but in no event shall such exchange affect the terms of the transaction or a party's responsibilities to the other party under this Agreement, The exchanging party shall bear the sole costs of its exchange. 15, (a) Seller to provide =4 into and Cando building financiala, rules and use regulations and any other relevant information regarding the CAM and Condo ownership and expenses of unit, during; first days of Feasibility Period for Purchasers Teview.(b) FINANCING- this contract is contingent upon the Purchaser obtaining a ',can to purchase the condo with a 50% loan to value secured either against the condo or against another property they own, at their option. Purchaser agrees to diligently pursue obtaining the commitment; and provide a loan commitment to the Seller within 30 days. tcIRSCALATION-If Seller receivea one or more bona fide written offers to purchase the Property prior to acceptance of this Contract, then the Purchase Price shall be increased by ($1,000) over the highest bona fide offer> net of concessions, received by Seller, not to exceed The Darties intend this Contract to be a binding contract, and not an offer to enter into aL contract at r- -1 a later date, Tit 'e price aeterminatinn wA� take place as set forth h�rain, but the fact that the price is not detern,i.,�ed as of the time th's Contract: is fully executed by both parties rhall not defeat the existence o" this Contract. List--ng firm shall. provide Selling Firm with a copy of the highest bona f" 11. 2: . ijp(+n <;ignarure of contract by all parties.which is ratification of the contract, the Escalatioi snarl -void. Rt -act price and terms are the tinal contract terms and pricing, itifled Conti T chis—er and —Seller and 16. AcoelPta dive this Agreement must be i�x cLFt�ed b, Lj�r an original copy 01 this Agreement returned to Purchaser no later than 5:00 p.m. on or this Purchase Agreement shall be deemed withdrawn. REMAINDER OF PAGE LEFT INTENTIONALLY BLANK VAR Form 700 Revised 04/15 Page 7 of 10 Reviewed 04/1.5 This, clot Tact is for use by TIM CARSON, Use by any other party is illegal and voids the contract. List below each such tenant or other party in possession of the Property, and provide Purchaser with a copy of each lease, license or other agreement. If verbal i!greernent, summarize terms below. Also provide Purchaser with any contract affecting the PropertV that is not terminable at will. Since there is a lease Seller agrees to provide copy of lease, financial information on the tenant including any applications or documentation as their ability to pay the rent to Purchaser during the first 10 days of the feasibility period for purchaaers apyroval. VAR Form 70-U Revised 04/15 Reviewed 04/15 'rb s c.'catra-- t 3-9 for Use by TIM CARSON, Use by any other party is illegal and 'voids the contract, CERTIFICATION THAT NOTICE OF THE APPLICATION HAS BEEN PROVIDED TO THE LANDOWNER This form must accompany zoning applications (Home Occupation, Zoning Clearance, Zoning Administrator Determinations or Appeals, Sign Permits, Building Permits) if the application is not the owner. I certify that notice of the application, was provided to [County application name and number] [name(s) of the record owners of the parcel] the owner of record of Tax Map and Parcel Number 0 6% W 1 by delivering a copy of the application in the manner identified below: Hand delivering a copy of the application to [Name of the record owner if the record owner is a person; if the owner of record is an entity, identify the recipient of the record and the recipient's title or office for that entity] on Date Mailing a copy of the application to [Name of the record owner if the record owner is a person; if the owner of record is an entity, identify the recipient of the record and the recipient's title or office for that entity] on Date to the following address: [address; written notice mailed to the owner at the last known address of the owner as shown on the current real estate tax assessment books or current real estate tax assessment records satisfies this requirement]. n SignattYe of Applicant XIONG CHANG Print Applicant Name 6/17/2019 Date PR 206a LEFT BACK OFFICE (II'-0" X II'-011) 132 sq, ft LEFT FRONT OFFICE (121-611 X 71-011) 110 5q, ft 0 ' WH ; NVAC _ --- UTIL. 0 V"`b TOILET \, (5'-711 X 71-611) -T_J KIT N WH ON SHELF PHONE AND DATA NUBS ELEC PANEL CENTER BACK OFFICE (101-011 X II'-61') 115 sq, ft RECEPTION (10'-0 x 11'-611) 19a 5q, ft RIGHT BACK OFFICE (II'-61, X 11'-611) 144 sq, ft RIGHT FRONT OFFICE (q'-q11 X II'-611) 105 sq, ft G4 A,�d 1142 GROSS LEASABLE SQUARE FEET 441-011 0 c� FLOOR PLAN 0 2 4 8 Al1111111111111111111MM9!- LL W WCIO o � N $ FLOOR PLAN mesas o�>E: ogre Pwnnv: 03/OV08 onnxx er: artam er: TGT �m na Al 0111M