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HomeMy WebLinkAboutCLE201100132 Review Comments Zoning Clearance 2011-07-06Application for Zonin Clearance''` CLE # �D1 'GCS -fit' _ . >> " �rirN�r OFFICE USE ONL PLEASE REVIEW ALL 3 SHEETS Check # Date: Receipt # Staff: PARCEL INFORMATION p� Arr Tax Map and Parcel: Ub(�� °��Existing Zoning � ,+ �--L Parcel Owner: O wsl -1 t( j 9 �I 60 e no � � � �' �% [ � I,�, cl I Zip Parcel Address: c nn, 1 City State Ol I (include suite or floor) PRIMARY CONTACT ' o e-,, t {J Who should we call /write concerning this project? c S ' r 61 � L A- Zip Address 1 City State Itl Office Phone: t yB TT % Cell # 9&�-ZAOJ Fax # E -mail APPLICANT INFORMATION Check any that apply: Change of ownership Change of use Change of name New business Business Name /Type: I' o Rrm�t .-ban Previous Business on this site Describe the proposed business including use, nu� er of employees, number of shifts, available parking spaces, number of vehicles, and any a diti nal infor at'on that you ,an pro 'de: > J *This Clearance will only be value 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. I hereby certify that I own or have the owner's permission to use the sppacce� ' ated on this application. I also certify that the information provided is true and accurate to the best of my knowledge. I have rea onditions of approval, and I understand them, and that I will abide by them. Signature Printed APP VAL INFORMATION [Q4pproved 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 site complies with the site plan as of this date. Notes: �J 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 1/1/2011 Page 2 of 3 Intake to complete the following: Y / Is use n 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 form. Zoning review can not begin until we receive proval from Health Dept. FAX DATE Circle the one that applies Is parcel on private well or public w If private well, provide Health Deparl Zoning review can not begin until we Dept. FAX DATE i Circle the one that applies Is parcel on septic or public form. ve approval from Health Y/N Will you be putting up a n sign of any kind? If so, obtain proper Sign permit. Permit # Y/N Will there be any ew construction or renovations? If so, obtain the roper Permit. Permit # 7nninoF to comnletc Reviewer to complete the following: Square footage of Use: 936 6 P/ N ermitted as: ((�� Under Section: 9q • D Supp nt ry reg (atio,n section: I Parking formu a: Ne � N � d R & uired spaces: `YU/ N ems to • e verified in he fiel : Inspector : 12- !< c e— Date: C Notes: C i� Violations: Y/N If so, List: Proffers: Y/N If so, List: Variance: Y/N If so, List: SP' Y N ,If so, List: `7 , 9 Clearances: G i i' SDP's Ira Y1 Revised 1/1/2011 Page 3 of 3 dII11V COUNTY OF ALBEMARLE Department of Community Development- Zoning 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 July 13, 2011 Mr. Josue Salinas Guadalajara Mexican Restaurant 3450 Seminole Trail Charlottesville, VA 22911 RE: Dance Hall Permit - Guadalajara #5 at 3450 Seminole Trail Dear Mr. Salinas, The Board of Supervisors, at their July 6, 2011 meeting, approved your request for a dance hall within the Guadalajara restaurant at 3450 Seminole Trail. The area of the dance floor is limited to 285 square feet in size. Please find attached County regulations for dance halls for your reference. Please contact me if you have questions at (434) 296 -5832 ext.3226 or ragsdale@albemarle.org. Sincerely, r���� ebecca Ragsdale Senior Planner CC: Mary Kay Valente, Sunset LLC, 620 Woodbrook Drive, Suite 5A, Charlottesville, VA 22901 E -copy: Lt. Ernie Allen, ACPD; Jay Schlothauer, Building Official; Howard Lagomarsino, Fire Marshall COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Request for Dance Hall Permit for Guadalajara Restaurant #5 SUBJECT /PROPOSAL /REQUEST: Request for approval of a Dance Hall Permit for the Guadalajara Restaurant #5 located at 3450 Seminole Trail STAFF CONTACT(S): Messrs. Foley, Elliot, Graham, Davis, Kamptner, Schlothauer, and Ms. McCulley and Ms. Ragsdale LEGAL REVIEW: Yes AGENDA DATE: July 6, 2011 ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: County Code § 12 -201 (Attachment A) requires an applicant to obtain a permit from the County before commencing operation of a dance hall. A dance hall is defined in Code as "any place open to the general public where dancing is permitted." Dance halls are also subject to all requirements of the Zoning Ordinance and are a permitted use as either an accessory use to restaurants or by special use permit. The Zoning Ordinance's definition of "restaurant" states that "dancing by patrons shall be considered as entertainment accessory to an eating establishment, provided the space made available for such dancing shall not be more than one - eighth of that part of the floor area available for dining." Any dance floor occupying greater space than provided by Code is permitted only by special use permit. Applications for dance hall permits must contain certifications from the Fire Marshal and Building Official that the dance hall is in conformity with the applicable provisions of the Fire Prevention Code and the Virginia Statewide Building Code. Any application must be considered and approved by the Board if the applicant meets the ordinance requirements. The primary restriction on dance hal tthat it is unlawful for any dance hall to allow any person under the age of 18 to enter or remain in a dance ha;Yrw. ilAf iFi Ise Jdancing is occurring unless that person is accompanied by a parent or legal guardian, or by a spouse, brother or sister over the age of 18. Upon proper application and confirmation that the requirements of County Code § 12 -201 are satisfied, the Board has no discretion to deny the permit. DISCUSSION: Josue Salinas, the applicant, is requesting a dance hall permit for the Guadalajara Restaurant #5 located at 3450 Seminole Trail to allow dancing as an accessory use to the existing restaurant. (Attachment B- Location Map) The application is for a permit to allow a dance floor area of 285 square feet. (Attachment C), which satisfies the requirement to qualify as an accessory use. Staff has visited the restaurant and confirmed that the area of the dance floor, which is already delineated in the restaurant, is 285 square feet. The size of the proposed dance floor is comparable to other dance floors permitted by the Board over the past several years, such as the Mexican and Italian Restaurant at Woodbrook Shopping Center (225 square feet), the El Ray del Taco Restaurant at Greenbrier Drive (256 square feet), Kokopelli's Cafe in Crozet (140 square feet), and Wolfie's /Boudrea's /Rivals on Rio Road (360 square feet). The Fire Marshal has certified that there are no outstanding fire code violations at this establishment and that it is in conformity with applicable provisions of the Fire Prevention Code (Attachment D). The Building Official has certified that the establishment is in conformity with the Virginia Statewide Building Code (Attachment E). As a courtesy, staff has also informed the Police Department of the requested dance hall permit. As noted above, the County Code provides for a ministerial review of dance hall permit applications by the Board and the applicant has satisfied all of the requirements for granting the permit. The dance hall permit regulations in County Code § 12 -201 do not authorize the Board to impose conditions on the granting of the permit. BUDGET IMPACT: Staff is not aware of any direct budget impacts from approving this dance hall permit. RECOMMENDATIONS: Because this application meets the requirements of County Code § 12 -201, staff recommends approval of this dance hall permit. ATTACHMENTS: A. Albemarle County Code Section 12 -201 Dance Halls B. Location Map C. Applicant's request and Owner Authorization D. Fire Marshal's Certification E. Building Official's Certification Return to consent agenda Return to regular agenda DIVISION 1. DANCE HALLS State law reference -- authority to adopt article, see Va. Code §§ 18.2 -432, 18.2 -433. Sec. 12 -200 Dance hall defined. For the purposes of this division, the term "dance hall' means any place open to the general public where dancing is permitted. (Code 1967, § 8 -1; Code 1988, § 3 -11; Ord. 98 -A(1), 8 -5 -98) State law reference -- Authority to codify ordinance, Va. Code § 18.2 -433 Sec. 12 -201 Permits -- Required; applications. A. It shall be unlawful for any person to operate a dance hall in the county unless such person shall have first obtained a permit from the county. B. Applications for such permits shall be filed with the zoning administrator. Such applications shall contain the following information: 1. Name of the person owning the dance hall; 2. Name of the person managing the dance hall; 3. The location of the dance hall; 4. A statement as to whether or not alcoholic beverages are to be served on the premises of such dance hall; and 5. Certification from the building official and fire marshal that such dance hall is in conformity with applicable provisions of the Virginia Uniform Statewide Building Code and the Fire Prevention Code. (4- 21 -76; Code 1988, § 3 -12; Ord. 98 -A(1), 8 -5 -98; Ord. 04- 12(1), 7 -7 -04) Sec. 12 -202 Revocation of permit. Permits issued by the county pursuant to the provisions of this division may be revoked by the zoning administrator for any violation by the permittee of the provisions of this division or for any false statement made on the application required by the preceding section. No such permit shall be revoked unless the permittee shall have received reasonable notice that he is entitled to a hearing before the zoning administrator prior to action on revocation. Such notice shall state the time and place such hearing is to be held. (Code 1988, § 3 -13; Ord. 98 -A(1), 8 -5 -98; Ord. 04- 12(1), 7 -7 -04) Sec. 12 -203 Attendance of persons under eighteen years of age. It shall be unlawful for any person operating a dance hall to allow any person under the age of eighteen (18) years to enter or remain in such dance hall while dancing is being conducted therein, unless such person is accompanied by a parent or legal guardian or by a spouse, brother or sister over the age of eighteen (18) years, unless such person has the written consent of such parent, legal guardian or spouse. (Code 1967, § 8 -2; Code 1988, § 3 -14; Ord. 98 -A(1), 8 -5 -98) Sec. 12 -204 Exemptions. A. The provisions of this division shall not apply to dances conducted for benevolent or charitable purposes, or when such dances are conducted under the auspices of religious, educational, civic or military organizations. B. The provisions of this division shall not apply to dance halls in any town in which an ordinance adopted pursuant to the provisions of Virginia Code § 18.2 -433 is in effect. (Code 1988, § 3 -15; Ord. 98 -A(1), 8 -5 -98) Sec. 12 -205 Violations; penalties. Any person violating the provisions of this division shall be guilty of a class 3 misdemeanor. (Code 1988, § 3 -16; Ord. 98 -A(1), 8 -5 -98) Sec. 12 -206 Relation of article to zoning ordinance. In addition to the provisions of this article, dance halls shall be subject to all requirements of the county zoning ordinance. (4- 21 -76; Code 1988, § 3 -17; Ord. 98 -A(1), 8 -5 -98) dance permit.txt DANCE HALL PERMIT 1.Name of the person owning the dance hall Josue Salinas 2.Name of the person managing the dance hall 3osue Salinas 3.The location of the dance hall Guadalajara Mexican Restaurant 3450 Seminole Trail sq ft of Dining Area: 2304 sq. ft Dance area: 285 sq. ft 4. Alcoholic beverages and liquor will be served only to those with valid government ID's, ending an hour before dance is over. MAY 2 3 2011 11TY VLs-I L� o 4;�Ean fin. Page 1 Sunset LLC The Legend Building 620 Woodbrook Dr Suite 5A Charlottesville, VA 22901 434 - 975 -3700 May 19, 2011 Guadalajara Corporation V 3450 Seminole Trail, #101,2,3 Charlottesville, VA 22911 Attention: Josue Salinas Dear Josue: Re: Acknowledgement of Salsa Night Dancing Dear Josue: As managers of Seminole Commons at Forest Lake in Charlottesville, we acknowledge and have no objection to Guadalajara Corporation V located at 3450 Seminole Trail, Ste. 101,2, 3, Charlottesville, VA offering a Salsa/Dance night at their Guadalajara Restaurant at that location. Sincerely, 0 JUAA� I Mary Kay alente Co- Manager '. �� 23 2011 Argc GIN�P COUNTY OF ALBEMARLE Department of Community Development Inspections 401 McIntire Road Charlottesville, Virginia 22902 -4596 (434) 296 - 5832 Fax (434) 972 — 401.2 MEMORANDUM To: Amelia McCulley — Zoning Administrator From: Jay Schlothauer — Building Official Date: May 20, 2011 Re: Guadalajara # 5 — 3450 Seminole Trail Parcel ID 03200- 00- 00 -037A1 Dance Hall Permit Application It is determined that the space at 3450 Seminole Trail that is occupied by Guadalajara # 5 restaurant is in conformity with the applicable provisions of the Virginia Uniform Statewide Building pertinent to a dance hall -type use. JSJS cc: file Rebecca Ragsdale From: James Barber Sent: Wednesday, June 01, 2011 10:40 AM To: Amelia McCulley Cc: Jay Schlothauer; Rebecca Ragsdale; Stewart Wright Subject: RE: Guadalajara #5 Dance Hall Permit Request Importance: High Amelia, An inspection of this property (Guadalajara #5 at 3450 Seminole Trail) was completed 05/20/2011. There are no outstanding fire code violations and in accordance with Section 12 -201 B 5 specifically requires "certification from the building official and fire marshal that such dance hall is in conformity with applicable provisions of the Virginia Uniform Statewide Building Code and the Fire Prevention Code.", I can certify the property conforms with all applicable provisions of the Virginia Statewide Fire Prevention Code. Please let me know if you need anything further. James F. Barber Assistant Chief /Prevention County of Albemarle Department of Fire Rescue 460 Stagecoach Road, Suite F Charlottesville, VA 22902 -6489 Ph: (434) 296 -5833 Fax: (434) 972 -4123 www.ACFireRescue.org From: Amelia McCulley Sent: Thursday, May 19, 20114:17 PM To: Jay Schlothauer; Ernie Allen; James Barber Cc: Rebecca Ragsdale; Stewart Wright Subject: Guadalajara #5 Dance Hall Permit Request Attached please find a dance hall permit application for Guadalajara #5 at 3450 Seminole Trail. Please provide your review comments no later than June 14th if possible. Thanks very much.