HomeMy WebLinkAboutCLE201100105 Review Comments Zoning Clearance 2011-06-01AL
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�'IRGINZP
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832
June 1, 2011
Justin Tooley
1910 Tudor Court
Charlottesville, VA 2290
RE: Official Determination and Denial of Zoning Clearance
Zoning Clearance CLE 2011 -105, The Gym
Tax Map Parcel 09000- 00 -00- 035X0, 1524 Viola Way
Dear Mr. Tooley,
Fax (434) 972 -4126
This letter is in response to your application for a zoning clearance dated May 31, 2011. Your
verbal description and additional information on your website further describe the use. In your
considering your application, I have reviewed the above - referenced information and applicable
zoning regulations for the property, zoned Light Industrial (LI). It is my determination that the
proposed use is considered an "indoor athletic facility" and is therefore permitted only by special
use permit. (Attached) Because a special use permit has not been approved for this use at this
location, I am hereby denying your application for a zoning clearance.
Indoor Athletic Facilities are defined as follows in Section 3 of the Zoning Ordinance:
Indoor Athletic Facility: A building or structure in which are conducted recreational, therapeutic
or athletic activities, whether or not under instruction, such as but not limited to: tennis and other
court games, swimming, aerobics, and weightlifting but excluding such uses as: bowling alley,
billiard hall, bingo, miniature golf, amusement center and dance halls. (Added 9 -15 -93
Since the majority of your proposed use will include personal training, both individual and
group sessions of up to 4 -5 people, along with weightlifting and other exercises as part of the
training, this use meets the definition of an "indoor athletic facility." Supplement sales and
equipment sales as described are accessory uses to the indoor athletic facility.
You may apply for a special use permit to allow an indoor athletic facility at this location. If you
would like to discuss the application requirements, fees, and application process for a special
use permit, please contact Rebecca Ragdale at 434 - 296 -5832 Ext. 3226.
If you are aggrieved by this determination, you have a right to appeal it within thirty (30) days
of this notice, in accordance with Virginia Code § 15.2 -2311. If you do not file a timely appeal,
this determination shall be final and unappealable. An appeal may be taken only by filing an
appeal application with the Zoning Administrator and the Board of Zoning Appeals, in
accordance with § 34.3 of the Zoning Ordinance, along with a fee of $240 plus the actual cost
of advertising the appeal for public hearing.
Applications for Appeal of the Zoning Administrator's Determination are available at the
Department of Community Development located at 401 McIntire Road, Charlottesville, Virginia
22902 or online at www.albemarle.org /cdapps. This form applies to the appeal of a decision of
the zoning administrator or any other administrative officer pertaining to the Zoning Ordinance.
Section 34.3 of the Zoning Ordinance, which contains the regulations pertaining to the filing of
an appeal to the Board of Zoning Appeals, is located in Chapter 18 of the Albemarle County
Code and it may also be reviewed online at:
http: / /www.albemarle.org /upload /images /Forms Center /Departments /County Attorney /Forms /AI
bemarle County Code Ch18 Zoning34 Appeals.pdf.
Please let me know if you have any questions. I am making this an official determination so it
will become final if not appealed
Sin rely,
on Higgins
Chief of Zoning /Deputy Zoning Administrator
RR
Cc: Bob Snow, Snow's Business Park LLC, 3802 SNOW HILL LN TROY VA, 22974
Justin Tooley
June 1, 2011
RE: CLE 2011 -105
Page 2
Application for Zoning Clearance
0
CLE # '2-0 I I - 1b�
PLEASE REVIEW ALL 3 SHEETS
OFFIC US + O Y �
t" _ �' Date: 5 �31- 1
Receipt # 66DUrl Staff:
PARCEL INFORMATION G s� Y
1 ;f Existing Zoning L. i ej k`� J V1')U SAT i J
Tax Map and Parcel: /�
Parcel Owner: 1-C) b S b1 [� �v �G� v� S ,p l: 's "V� ��_V. {� d
rr
Parcel Address: 1 "� Z V s'nte�, WA ,\ City State V4 zip 2 U10
(include suite or floor) J
PRIMARY CONTACT f) �j-
Who should we call /write concerning this project? �..Jlrt'i" V1 6
Address City tr y;w (L+ Zips�
Office Phone: ( _ 7 4 "3— 6s Tell # •51 �� � Fax # E -mail + .�2.,6 ; AWNC'J ; I 1 e ( °'J c1 jNK%"
o J
APPLICANT INFORMATION
Check any that apply: Change of ownership Change:of use Change of name _A New business
Business Name /Type: Tim
iN1 �,r i, t✓
V Ca'1'�I o
J ;
Previous Business on this site
Describe the proposed business including use, number of employees, number iiof shifts, available parking spaces, number of
vehicl s, and any additional inform tion that you can provide: ir5n ,ed l " n �,%A
'"This Clearance gill onl be vaaid on the parch 1 for which it is approved. If you change, intensify 6r move the use to a new location, a new Zoning
Clearance will be required.
I hereby certify that I own or have the owner's permission to use the space indicated on this application. I also certify that the information provided
is true and accurate to the best of my knowledge.. I have read the conditions of approval, I understand them, and that I will abide by them.
land
Signature . -'" _ l uv-� Printed 'J US.4 -1, Z. k" c' L11
APPROV-Ar INFORMATION "J
[ ] Approved as proposed [ ] Approved with conditions [/Denied
[ ] Backflow prevention device and/or current test data needed for this site. Contact ACSA, 977 -4511, x117.
[ ] No physical site inspection has been done for this clearance. Therefore, it is not a determination of compliance with the existing
site plan.
[ ] This 'te,c mplie with the site plan as of his date. _
r
Notes
r
L
Building Official Date
Zoning Official Date j
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 1/1/2011 Page 2 of 3
'd
Intake to complete the following:
Y/N
Is use in LI, HI or PDIP zoning? If so, give applicant a
Engineer's Report (CER) packet.
Y/N
Will there be food preparation?
If so, give applicant a Health Department for/aroval
Zoning review can not begin until we receive from Health
Dept. FAX DATE
Reviewer to complete the following:
Square footage of Use:
Y)/ N
ilermitted as:
Under Section: (�
pl 'eeay regul4�tis sec ion: s� ef ra It if
Circle the one that applies Parking formula:
Is parcel on private well or public wat .
If private well, provide Health Depart ent form.
Zoning review can not begin until w receive approval from Health Required spaces:
Dept. FAX DATE
Y/
Circle the one that applies Items o be verified in the field:
Is parcel on septic or publi sewer?
Y/N
Will you be putting u a new sign of any kind? If so, obtain proper
Sign permit.
Permit # Inspector : Date:
Y/N
Will there be ny new construction or renovations?
If so, obtai the proper Permit.
Permit #
7nnina to emmplete the fnllnwing:
Notes:
Violations:
Y/N
If so, List:
Prof
Y j N
If so; fist:
Var' e:
Y /N
If so, ist:
s:
7Y,; N
o, List:
Clearances:
SDP's
i
_ CMt M + Nib
Revised 1/1/2011 Page 3 of 3
ALBEMARLE COUNTY CODE
CHAPTER 18
ZONING
SECTION 27
LIGHT INDUSTRY - LI
Sections:
27.1
INTENT, WHERE PERMITTED
27.2
PERMITTED USES
27.2.1
BY RIGHT (Amended 10 -3 -01)
27.2.2
BY SPECIAL USE PERMIT
27.3
MINIMUM AREA REQUIRED FOR ESTABLISHMENT OF DISTRICT
27.4
ADDITIONAL REQUIREMENT
27.1 INTENT, WHERE PERMITTED
LI districts are hereby created and may hereafter be established by amendment to the zoning map
to permit industries, offices and limited commercial uses which are compatible with and do not
detract from surrounding districts. Uses and land previously established in industrial limited (M-
1) and research and technical manufacturing (RTM) districts, where in conformity to the
comprehensive plan, shall be encouraged to develop as active centers of employment on both
individual sites as well as within industrial parks. It is intended that LI districts may be
established in areas having all of the following characteristics:
-Areas served by water and sewer facilities or if such facilities are reasonably available;
-Areas served by major highway, rail or air service, or secondary road improved to standards
approved by the county; and
-Areas having clearly demonstrated suitability for intended uses with regard to physical
characteristics and relationship to surrounding development.
27.2 PERMITTED USES
27.2.1 BY RIGHT
Except as otherwise limited by section 27.2.2.10, the following uses shall be permitted by right in
the LI district, subject to the applicable requirements of this chapter: (Amended 2- 13 -85, 5 -5 -10)
1. Compounding of drugs, including biological products, medical and chemical as well as
pharmaceutical.
2. Fire and rescue squad stations (reference 5.1.9).
3. Manufacture, processing, fabrication, assembly, distribution of products such as but not
limited to: (Amended 12 -2 -81; 2- 20 -91)
- Artists' supplies and equipment.
18 -27 -1
Zoning Supplement #60,5-5-10
ALBEMARLE COUNTY CODE
- Business, office machines and equipment.
- Cosmetics, including perfumes, perfumed toiletries and perfumed toilet soap.
- Drafting supplies and equipment.
- Electrical lighting and wiring equipment.
- Electrical and electronic equipment and components including radio, telephone, computer,
communication equipment, TV receiving sets, phonographs.
-Food products, such as bakery goods, dairy products, candy, beverages, including bottling
plants.
-Gifts, novelties including pottery, figurines and similar ceramic products.
-Glass products made of purchased glass.
- Industrial controls.
- Jewelry, silverware.
-Light machinery and machine parts, including electrical household appliances but not
including such things as clothes washers, dryers and refrigerators.
- Musical instruments.
-Paper products such as die -cut paperboard and cardboard, sanitary paper products, bags and
containers.
- Photographic equipment and supplies including processing and developing plant.
- Rubber, metal stamps.
-Small electrical parts such as coils, condensers, transformers, crystal holders.
- Surgical, medical and dental instruments and supplies.
-Toys, sporting and athletic equipment, except firearms, ammunition or fireworks.
- Watches, clocks and similar timing devices.
-Wood cabinets and furniture, upholstery.
4. Publishing, printing, lithography and engraving, including but not limited to newspapers,
periodicals and books.
5. Preparation of printing plates including typesetting, etching and engraving.
6. Research and development activities including experimental testing.
7. Scientific or technical education facilities.
8. Assembly and fabrication of light aircraft from component parts manufactured off -site.
9. Storage yard. (Amended 11- 12 -08)
18 -27 -2
Zoning Supplement #60, 5 -5 -10
ALBEMARLE COUNTY CODE
10. Engineering, engineering design, assembly and fabrication of machinery and components,
including such on -site accessory uses as machining, babbitting, welding and sheet metal work
and excluding such uses as drop hammering and foundry. (Amended 10 -3 -01)
11. Electric, gas, oil and communication facilities excluding tower structures and including
poles, lines, transformers, pipes, meters and related facilities for distribution of local service
and owned and operated by a public utility. Water distribution and sewerage collection lines,
pumping stations and appurtenances owned and operated by the Albemarle County Service
Authority. Except as otherwise expressly provided, central water supplies and central
sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other
applicable law. (Amended 5- 12 -93)
12. Public uses and buildings including temporary or mobile facilities such as schools, offices,
parks, playgrounds and roads funded, owned or operated by local, state or federal agencies
(reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment
facilities, pumping stations and the like, owned and /or operated by the Rivanna Water and
Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11 -1 -89)
13. Temporary construction uses (reference 5.1.18).
14. Business and professional office buildings.
15. Dwellings (reference 5.1.21). (Added 4- 17 -85)
16. Temporary nonresidential mobile homes (reference 5.8). (Added 3 -5 -86)
17. Warehouse facilities and wholesale businesses not involving storage of gasoline, kerosene or
other volatile materials; dynamite blasting caps and other explosives; pesticides and poisons;
and other such materials which could be hazardous to life in the event of accident. (Added
12 -2 -87)
18. Stormwater management facilities shown on an approved final site plan or subdivision plat.
(Added 10 -9 -02)
19. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10- 13 -04)
20. Farmers' markets that will be conducted outdoors or within a temporary or existing permanent
structure (reference 5.1.47). (Added 5 -5 -10)
(§ 27.2.1, 12- 10 -80, 12 -2 -81, 2- 13 -85, 4- 17 -85, 3 -5 -86, 12 -2 -87, 11 -1 -89, 5- 12 -93; § 18- 27.2.1, Ord. 98-
A(1), 8 -5 -98; Ord. 01- 18(6), 10 -3 -01; Ord. 02- 18(6), 10 -9 -02; Ord. 04- 18(2), 10- 13 -04; Ord. 08- 18(6), 11-
12-08; Ord. 10- 18(4), 5 -5 -10)
27.2.2 BY SPECIAL USE PERMIT
The following uses shall be permitted by special use permit in the LI district:
1. Laboratories, medical or pharmaceutical.
2. Airport, helistop or heliport (reference 5.1.1).
3. Assembly of modular building units.
4. Moving businesses, including storage facilities.
5. Warehouse facilities not permitted under section 27.2.1.17. (Amended 12 -2 -87)
18 -27 -3
Zoning Supplement #62,6-2-10
ALBEMARLE COUNTY CODE
6. Wholesale business not permitted under section 27.2.1.17. (Amended 12 -2 -87)
7. Truck terminal.
8. Electrical power substations, transmission lines and related towers; gas or oil transmission
lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro-
wave and radio -wave transmission and relay towers, substations and appurtenances.
9. Temporary events sponsored by local nonprofit organizations (reference 5.1.27). (Added 7 -7-
82)
10. Uses permitted by right, not served by public water, involving water consumption exceeding
four hundred (400) gallons per site acre per day. Uses permitted by right, not served by
public sewer, involving anticipated discharge of sewage other than domestic wastes. (Added
2- 13 -85)
11. Body shops (reference 5.1.31). (Added 12 -7 -88)
12. Towing and storage of motor vehicles (reference 5.1.32). (Added 6 -6 -90)
13. Uses listed under section 27.2.1 with subordinate retail sales exceeding fifteen (15) percent of
the floor area of the main use. (Added 2- 20 -91)
14. Supporting commercial uses (reference 9.0). (Added 6- 19 -91)
- 15. Indoor athletic facilities. (Added 9- 15 -93)
16. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 2 -5 -03)
17. Tier III personal wireless service facilities (reference 5.1.40). (Added 10- 13 -04)
18. Heavy equipment and heavy vehicle parking and storage yards. (Added 11- 12 -08)
19. Farmers' markets that will be conducted in a new permanent structure (reference 5.1.47).
(Added 5 -5 -10)
20. Uses permitted by right in the Heavy Industy (HI) zoning district that are not otherwise
permitted by right under section 27.2.1. (Added 6 -2 -10)
(§ 20- 27.2.2, 12- 10 -80; 7 -7 -82; 2- 13 -85; 12 -2 -87; 12 -7 -88; 6 -6 -90; 2- 20 -91; 6- 19 -91; 9- 15 -93; § 18- 27.2.2,
Ord. 98 -A(1), 8 -5 -98; Ord. 03- 18(1), 2 -5 -03; Ord. 04- 18(2), 10- 13 -04; Ord. 08- 18(6), 11- 12 -08; Ord. 10-
18(4), 5 -5 -10; Ord. 10- 18(6), 6 -2 -10)
27.3 MINIMUM AREA REQUIRED FOR ESTABLISHMENT OF DISTRICT
Minimum area required for establishment of an LI district shall be five (5) acres. Unless
otherwise provided in section 26.2, there shall be no minimum area requirements for additions to
an established LI district, provided such area to be added adjoins and forms a logical addition to
the existing LI district.
27.4 ADDITIONAL REQUIREMENT
In addition to the requirements contained herein, the requirements of section 26.0, industrial
districts, generally, shall apply within all LI districts.
18 -27 -4
Zoning Supplement #62,6-2-10