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HomeMy WebLinkAboutCLE202200116 Approval - County 2022-09-27Zoning Clearance Information What is a Zoning Clearance? Albemarle County crii4 Community Development L 40+ MClniire R0, NOM W'mg ChanotlesNlle. VA 22902 yICMST Rhone 434298.5832 A Zoning Clearance is verification from Albemarle County that a proposed use, whether it is a new business or other activity (see Zoning definition of "Use"), satisfies all requirements of the Albemarle County Zoning Ordinance and ensures public health and safety A Zoning Clearance Application is reviewed by the Zoning Department, Building Inspections Department, as well as any other applicable departments or agencies. A Zoning Clearance is Required in the Following Circumstances • Opening a new business • Changing or expanding an existing business • Buying an existing business • Moving a business to a new location or changing its name • Before natural resource extraction • Any uses listed in Section 5 of the Albemarle Ccunty Zoning Crdlnarce as requiring a Zoning Clearance Items Required to Apply for a Zoning Clearance Before filling out a Zoning Clearance Application ensure you have or have done the following Lax Map and Parcel number or Address of the property. Include suite/unit/floor number, if applicable. &Description of the proposed business/use. Include any and all relevant information such as a description of the business, the number of employees, number of shifts availability cf parking etc �F or Plan. A sketch or an architectural drawing of the total square footage of the use. If using less than the entire ructure, note the location within the structure. Note the square footage of and use of each room. Provide notice to the owner if the applicant is not the owner. Within ten days of applying for a zoning clearance, the applicant, if they are not the owner of the parcel and/or structure, shall inform the owner that they have applied for a Zoning Clearance. Please fill out the form on page 3. • Other Approvals/Documents if applicable. • A Cerified Engineer's Report is required if the parcel is zoned Industrial (LI, HI, or PDIP). • Health Department approval is required for food preparation or if the parcel is on private well or septic. • Bakeries require USDA approval. • Any additional approvals the Zoning Administrator may require including Department of Social Services and Fire + Rescue. • If you have any questions feel free to contact Staff at (434) 296-5832 Submitting an Application Once you have all the required information provided above. 1. Fill out an application. Please complete page 2 in its entirety. 2. Submit an application. Bring or send a completed application to Albemarle County Community Development at 401 McIntire Rd, North Wing, Charlottesville, VA 22902 3. Pay. The application fee can be paid for in person or cnlire If paying online please attach a copy of your payment re- ceipt. A Zoning Clearance Application will not be processed until payment has been received. 4. Notify the Owner If you are not the owner of the property please fill out page 3 Zoning Clearance Application =, FOR OFFICE USE ONLY Fee Amount: $ 61.36 Application fee: $59 Technology Surcharge. $2.36 Receipt #: Clearance Number: CLE2022-116 Date Paid: 8/30/22 By: Check #: By: J.S. Applicant - Fill out the entire page below and return to Community Development 404: McIntire Rd. North Wing, Charlcttesvi!le. VA 229C2 Name: E-Mail Address: Do Ana u tarvssi�/fh P — - q�y�y number and/or Parcel Phone : py r Mailing Address: Tax Ma and Parcel 153 D T gS�trN1 �• IV\it � I Zoning: Address Staff sail fill out f unkncwr of the Business: P D-SC Parcel Owner: JL, - ��5 � Owner's Address: Check any that apply: new E.str,ess Charge of Use Charge of Cwnersnic Charge c' Name tsusmess Name: Description of Business: Previous Business on Site: 44 [W (3mvita J Fat* CAAA 7y7,1 Floor Plan" Please arach either ar architectural drowine or a sketch of the crcpesed business ,rcicftirc the !ccaticr -f uses Ye uses of rooms. the total scuare footage of the '.. seare ory addlicrol Ir. im-aticr. Total Square Footage Used for the Business: / J Is the Parcel Zoned LI, HI, or PDIP? — ves )t No If yes. illoui a Will there be food preparation? V., No / i' /as 0rov,ce `, irg, r,a :e:a-.— ]' Hewitt, al; cr Is the Parcel on public water or private well? Public J Pvvate Is the Parcel on public sewer or septic? Puello septic Will you be putting up any new signage? ves _ No Will there be new construction or renovations? —ves No Please list any applicable Building Permit #s: If or pnvate well, promca , rgm a :aoaCment of If on septic. pmvca ` ] - a :=_car-.ar c, -eai - aocrcval If yes, obtair apprnc'a', s.g- -e—' a-c 'a: -d d below If yes, obtair approor ata buildi-_ ce-rv;: ac-d Gs' =an^,c Y oalow Zoning Clearance review cargo- oeg - '_.rtil the applica' or 37 and all applicable forms and fees are s_o-'ra_d This Clearance will only be valic c . e oa :ai for w" cr t s a_ : .. ;,a-ge, intensify, or moNe ;re .sa 'o 3%, location. a rew Zoning Cleararce w li oe "=a.'rec I hereby Certify that I OWn or have the ow-e- s :t.. ., 3 s3 'tie sca 7' , ca-.ad 0, ..-is 3,7cllcatloh. I also cer`.IT- ', 3: the information orovided is true and accurate to t` e : -=aa the coma'_:o--s of aooroval, and understand them. and that I will aabide by Data 2 J�,FOF. Albemarle County Zoning Clearance Application 401Mcn,ireRd,ry crt,kA 401McIntiree 229Wing b ChaBottesNlle. VA 229C2 4 PCone 434 296 5832 tkm�t" Applicant - If you are not the land owner, please fill out the entire page below confirming that you have either informed or are going to inform the owner of your zoning clearance application. CERTIFICATION THAT NOTICE OF THE APPLICATION HAS BEEN PROVIDED TO THE LANDOWNER I certify that I will provide (or have provided) notice of this clearance application, CLE2022-116 clearance number previced by Staff or business name to J LL the owner r Name cf landcvmer on reccro of Tax Map and Parcel Number 15 3 U by either delivering a 'MF number of prcpeny copy of the application to them in person or by sending them a copy of the application by mail. (Please check one of the following below) Hand delivering a copy of the application to the owner identified above on Date 3h 112, Mailing a copy of the application to the owner identified above on Date to the following address: (Written notice to the owner and last known address on our record books will satisfy this requirement. Please see staff for help determining this information if needed) Signature of Applicant Applicant Name Printed Date 3 For Albemarle County Staff Review Only Proposed Use: Unspecified Use (Event space/Indoor Permitted: VYes ❑ No Permitted by Section: amletc facility) Sec. 25.2.1 -- 24.2.1 Supplementary Regulations: See attached determination Applicable special use Permit (SP): SP1982-56, 82-50 confirming that this unspecified Applicable Rezonings (ZMA): N/A use is permitted. Applicable Site Plans (SDP): SDP1979-7 LZC2014-9 Parking: If there is an approved site plan associated with the parcel, the parking requirements will be defined by the SDP. Some parking requirements are determined by a ZMA or by an approved Code of Development. Parking Formula: 5.5/1 000gla Defined by: I V§Ite Plan ❑ Zoning Ordinance ❑ CoD [-]Existing Total Square Footage of the Use: 4,470sgft Required number of Parking spaces: 25 spaces required (adequate available on -site) Associated Clearances: CLE2022-1, 2022-113, 2022-100, 2022-99, 2022-87, etc. Variances: N/A Violations: N/A Is a site inspection necessary?: ❑ Yes VrNo Site Inspection on (date): To Confirm: Notes: If preparing or serving food, will need VDH approval and new clearance for change of use. Unspecified use is only permitted as described. Conditions of Approval: Additional conditions of approval apply to Fireworks and Christmas Trees Must obtain VDACS/VDH approval (if applicable) if serving food, beverages, snacks, etc. Approval Information ❑ Approved as proposed © Approved with conditions ❑ Denied ❑ Backf low prevention device and/or current test data needed for this site. Contact ACSA, 434.977.4511 ext. 117 ❑ 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. Conditions: A change of use building permit with RDP stamped drawings is needed. Additional Notes: Building Official See conditions above. Date 09/26/2022 i 09/27/2022 Zoning Official Date VDH/VDACS notified 09/16/2022 Other Official Date County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Phone: 434.296.5832 Fax 434.972.4126 4 es _-__�—____� ems• c-� I - o eo i i es i 1 i I � 9 j CHARLOTTESVILLE n T FASHION SQUARE 11600 Rio Road East_ Char ottesville. VA 2901 ' o Ethan Busching From: Francis MacCall Sent: Friday, September 16, 2022 8:26 AM To: Ethan Busching; Bart Svoboda; Charles Rapp Cc: Jeffrey Baker; Betty Slough Subject: RE: CLE2022-116 After confirming with Bart and Charles, we can allow this unspecified use, as described, in the space they are proposing to use. The clearance should note this determination, with this email being added to the file. Francis H. MacCall, CZA Chief of Zoning, Deputy Zoning Administrator Albemarle County — Community Development fmaccall@albemarle.orci 434.296.5832 x3418 401 McIntire Road, North Wing, Charlottesville VA 22902-4596 From: Ethan Busching <ebusching@albemarle.org> Sent: Monday, September 12, 2022 5:11 PM To: Bart Svoboda <bsvoboda@albemarle.org>; Charles Rapp <rappc@albemarle.org> Cc: Jeffrey Baker <jbaker@albemarle.org>; Betty Slough <bslough@albemarle.org>; Francis MacCall <FMACCALL@albema rle.org> Subject: CLE2022-116 Good afternoon, We recently received a Zoning Clearance application (CLE202200116) for a proposed business within Fashion Square Mall described as a "Fitness Class, Social Lounge, Gaming Lounge, and Event Space". The applicant has explained that the intended use of the space is to run fitness classes, as well as provide an event space for customers to hold conferences and meetings, social events, celebrations, and other similar gatherings, with events ranging between 5-75 attendees. They intend on providing snacks and beverages, and potentially preparing and serving food in the future, but understand that they will be required to update their Zoning Clearance and meet all applicable regulations if this is the case. This parcel is zoned PD-SC, which allows for uses permitted by -right within the C-1, CO, and HC zoning districts. The Zoning Ordinance does not include this specific "flex space" use, however Sec. 24.2.1(Highway Commercial by right permitted uses) states that: "The zoning administrator, after consultation with the director of planning and other appropriate officials, may permit, as a use by right, a use not specifically permitted; provided that such use shall be similar to uses permitted by right in general character, and more specifically, similar in terms of locational requirements, operational characteristics, visual impact and traffic generation." We believe that the use described above is similar enough to by -right permitted uses in the PD-SC district such as Indoor Athletic Facilities, Indoor Theaters, Clubs/Lodges, and Restaurants to be allowable. Thank you, Ethan Busching Zoning Permit Planner Albemarle County Ethan Busching To: Beyond Fitness with Sabrina Fitness Subject: RE: CLE2022-116 From: Beyond Fitness with Sabrina Fitness <beyondfitnesswithsabrina@gmail.com> Sent: Friday, September 2, 2022 4:43 PM To: Ethan Busching <ebusching@albemarle.org> Subject: Re: CLE2022-116 CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. The space will be open to use for either. There will be no permanent seating. Each space will be use as necessary. Each space will have a few benches or chairs that are easy to remove but the space will be flex space to be able to innovative on how we use it. On Fri, Sep 2, 2022 at 4:40 PM Ethan Busching <ebuschine@albemarle.org> wrote: Thank you for the explanation. Are you able to indicate on the floor plan which sections of the space will be used for which specific events (e.g. will one section consistently be used for fitness classes), or will the spaces be rotating? Will the seating be permanent? Given all of the activities that you've listed, we're having difficulty determining what the specific use will be. Betty (copied) will likely have comments/questions from a Building perspective when she returns to office. Thank you, Ethan Busching Zoning Permit Planner Albemarle County e busch i n¢ @ a I bema rl e. or¢ office 434-296-5832 x3004 401 McIntire Road, Charlottesville, VA 22902 From: Beyond Fitness with Sabrina Fitness<beyondfitnesswithsabrina@gmail.com> Sent: Friday, September 2, 2022 10:15 AM To: Ethan Busching <ebuschine@albemarle.ore> Cc: Betty Slough <bslough@albemarle.org> Subject: Re: CLE2022-116 CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Good Morning! The space will be used for fitness classes and an event space area will be used conferences, meeting, social events - paint & sip, book club, celebrations. Gaming for kids. The kitchen is not a traditional kitchen. We plan to offer snacks, drinks, finger food right now and plans have a smaller setup - counter, microwave, freezer, fridge. If expansion is will work we hope to get proper licensing, permits to offer small hot plates, however this is not immediate focus and may not happen in this space as this will require more buildout etc. Long story short... food yes ... snacks. Events will range from 5-75 people depending on type of event. On Fri, Sep 2, 2022 at 10:00 AM Ethan Busching <ebusching@albemarle.or2> wrote: Good morning, Regarding the above referenced Zoning Clearance application for Beyond Fitness with Sabrina, could you please clarify the specific intended use of the space? What types of events will be held in the space? How many attendees will events have? I noticed that there is a kitchen shown on the floor plan that was provided. Is there any intention of cooking or serving food/beverages to the public. Please let me know if you have any audio Al questions.thank you Name: ��,ry, ytry �.�/yy� „( EJMiil Address Nailing Address. ILM w4"UF~/ ►" Phone t Tax Map and Parcel 153W FG156ay-)• Mali number and'or Address lb. of the Business: Rx.yovdF��lnc�t,l t�,sab. PD-SC Parcel Owner LjL �� O~s Address Check any that apply Business Name_ En�r�w: n SBA b4pA FI41ob d 1 Description of Businas