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Old 01-30-2009, 12:27 AM   #1
Lamarr N Smith
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Zoning and Planning

I am in the process of opening my box. The city I am opening in is very strict on the zoning rules. I have to submit a use determinatio which they use to determine the type of facility I will be. I am trying to avoid being classified as a health club. Once you are considered a health club it increases the fees and restricts where you can open. Ideally I want to be considered a commercial school i.e. martial arts or dance school.

Is anyone having any of the same issues?

Has anyone overcome these issues?
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Old 01-30-2009, 06:20 AM   #2
Camille Lore
 
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Re: Zoning and Planning

Lamar- where is the municipality you are applying to?
I do commercial zoning in PA, maybe I can help.
Do you have a copy of their zoning regs?
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Old 02-01-2009, 09:42 PM   #3
Lamarr N Smith
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Re: Zoning and Planning

Camille,

This is for the city of Irvine in California. here is the link to their site which has all of the regs and plans. http://www.cityofirvine.org/depts/cd..._ordinance.asp.

I am currently checking to see which facilities in my area are permitted to do what I do as in Personal training, martial arts etc. Once I find these companies will check their permits which are public record and see if I can setup similiar to them.

Here is a my use determination letter I have to submit to them so that they can determine my use.

" 1. Next Level Performance is an athletic training facility designed to effectively enhance athletic performance. Our methods produce results which are measurable, repeatable and observable. These results are obtained through keeping the stimulus constantly varied, focused on functional "natural" movements, performed at a high intensity. Our sessions are always instructed by a qualified coach, who will lead the warmup and skill session. We are not an open facility, which means, our sessions are only at our pre-determined hours of operation. Our sessions will include an instructor and up to 3 clients. During our off hours we will be closed. Our addition to the Irvine community will enhance the quality of life for several of its adult residents, business professionals, Police officers, Fire Fighters, Ems, and high school and college athletes. We strive to be an active part of the community through our involvement and organization of several charity events.
2. Space size need is only 2500 sq ft
3. # of employees is 2, 1 coach for the morning sessions, the 1 coach for the evening sessions
4. Hours of operation will be 5:30am, 6:30am, 10am, 5:30pm, 6:30pm, 7:30pm Monday through Friday. Saturday 9am, 11am. Sunday we will be closed.
5. The type of use proposed is training studio or instructional school.
6. We will not use, manufacture or dispose of any hazardous waste.


I appreciate any help you can offer on this matter.

Thank you,
Lamarr
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Old 02-05-2009, 12:11 AM   #4
Erik Preston
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Re: Zoning and Planning

Lamar, good luck with this one, brother. We ran into similar difficulties...A use variance proceeding can take months and run $$. As you probably know, they will want to evaluate parking spaces, traffic, signage, ad infinitum. Is your space located in a Mixed use industrial, or planned industrial zone? Sometimes in the planned industrial, there's no way to get the zoning, which in this economy, sucks for the property manager, who would love to get anyone in. During my travels around the city, zoning map in hand, during our startup phase, we encountered roadblocks from the planner, scratching our heads at other tenants that were "personal trainers," "holistic studios," etc.

What we found out from the property managers, was that wink wink nod nod, that they were successful because of intelligent wording of their application, using words such as "headquarters," "offices, of", "school of ...." as opposed to "health club," and "fitness".

We were able to get around our problem by subletting 1200 square feet from a landlord who already had a use variance allocated for his space, whereas if we would have tried to lease the space new, we would have been denied...

So, hope this helps, good luck Brother. UC Irvine was my Alma Mater, you'll kill it up there.

Erik
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Old 02-05-2009, 06:51 AM   #5
Camille Lore
 
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Re: Zoning and Planning

Quote:
Originally Posted by Erik Preston View Post
What we found out from the property managers, was that wink wink nod nod, that they were successful because of intelligent wording of their application, using words such as "headquarters," "offices, of", "school of ...." as opposed to "health club," and "fitness".
Quoted for truth. It's all how you present it. You have to find out what is allowed in that district and make sure you're one of those uses.
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Old 09-29-2009, 07:04 PM   #6
Mark Griffith
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Re: Zoning and Planning

Quote:
Originally Posted by Camille Lore View Post
Lamar- where is the municipality you are applying to?
I do commercial zoning in PA, maybe I can help.
Do you have a copy of their zoning regs?
Sent you a PM.
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Old 09-29-2009, 07:48 PM   #7
Matt Charney
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Re: Zoning and Planning

Mark, it doesn't look like Lamarr posts on here much. He only has 7 posts. I know he is on face book look up his affiliate to find his contact.

Lamarr is real cool and I am sure will answer what ever your questions are.
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Old 09-30-2009, 05:27 AM   #8
Mark Griffith
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Re: Zoning and Planning

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Originally Posted by Matt Charney View Post
Mark, it doesn't look like Lamarr posts on here much. He only has 7 posts. I know he is on face book look up his affiliate to find his contact.

Lamarr is real cool and I am sure will answer what ever your questions are.
Thanks Matt. Actually I sent a PM to Camille.
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Old 09-30-2009, 07:53 AM   #9
Matt Charney
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Re: Zoning and Planning

Duh, I saw Lamarr's name in the quote. I should slow down and read before responding some times.
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Old 09-30-2009, 08:59 AM   #10
Eric M Pirrone
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Re: Zoning and Planning

I also sent a pm to Camille... 6 month zoning variance is NOT NICE!

Hi Mark!

Eric
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