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HomeMy WebLinkAboutCLE201900108 Action Letter 2019-05-21APPROVED by the Albemarle County Community Development Department Application for Clearance`' Z!o,ning CLE #�� r r, �yvt^r OFFICE US O (r� CJ' PLEASE REVIEW ALL 3 SHEETS V Check # Date: V Receipt # Staff: PARCEL INFORMATION Co - Tax Map and Parcel: - Existing Zoning 1 Parcel Owner: Federal Realty Investment Trust 52© iNin�11'1 � Parcel Address: ­etxrtt_. City Charlottesville State VA Zip 22901 (include suite or floor) PRIMARY CONTACT Who should we call/write concerning this project? Rick Seery Address : Keystone Novelties Distributors, LLC City Lancaster State PA Zip 17603 Office Phone: 7( 17) 394-1078 Cell # 717-575-7440 Fax # 717-290-7774 E-mail rseery@keystonenovelties.com APPLICANT INFORMATION Check any that apply: Change of ownership Change of use Change of name New business Business Name/Type: Keystone Novelties Distributors Previous Business on this site N/A 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: 6/26/19-7/5/19 Sales of fireworks via temporary tnt location 9am-1 1 pm 7 to 10 days prior to and inclu ing 7 9. *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. 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 e best of mylknowledge. I have read the conditions of approval, and I understand them, and that I will abide by them. Signature Printed Rick Seery, Keystone Novelties Distributors LLC APPROVAL INFORMATION 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 site complies with the site plan as of this date. Notes: Building Official Date Zoning Official Date S r Z 12" G/ 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 7/l /2011 Page 2 of 3 Zoning Clearance Checklist Applicant MUST HAVE the following information to apply for a Zoning Clearance: 1) Tax Map and Parcel or Address, Building Name, Suite/Unit/Floor numbers, if applicable. 2) A Floor Plan - either a sketch or an architectural drawing a) If using less than the entire structure, note the location within the structure; b) Note the total square footage of the use; c) Note the square footage of each room or area of use; d) Note the use of each room or area of use. FEES Zoning Clearance = $54 Temporary Fundraising Activity = No fee of ADDroval 1. No person shall sell, offer for sale, store, display or discharge any fireworks in any filling station or on any premises where gasoline or other inflammable liquids are stored or dispensed. (Code 1967 10-13.) County Code Section 6-200 and 6-300 and must be a minimum of 100 ft from any gas pumps/propane distribution tank. 2. The site shall be cleaned and restored to its original condition on or before July 1 lth. This shall include removal of all structures, signs, debris, and the like. 3. A thirty (30) foot front setback shall be maintained, Display shall be located so as to avoid traffic congestion. Modifications subject to Zoning Administrator's approval. 4. Building permits shall be obtained for all proposed structures and/or lighting. 5. Sign permits shall be obtained for all proposed signage. 6. The sale of fireworks requires a special permit from Fire/Rescue department. CHRISTMAS TREES: 1. The outside storage of combustible material or flammable materials shall be located so as not to constitute a hazard and shall not be less than 15 feet from any building on the site. Any open burning must comply with the Virginia Statewide Fire Prevention Code and the Albemarle County Code. 2. The site shall be cleaned and restored to its original condition on or before January 2. This shall include the removal of all structures, signs, debris, and the like. 3. A thirty (30) foot front setback shall be maintained, Display shall be located so as to avoid traffic congestion. Modifications subject to Zoning Administrator's approval. 4. Building permits shall be obtained for all proposed structures and/or lighting. 5. Sign permits shall be obtained for all proposed signage. OTHER REVIEWS: 1. Is the property on public or private water/sewer? Private requires Health Department, Public requires ACSA review (2 to 5 days) 2. Will you be operating a bakery? USDA review is required (approx. 2 weeks but as long as 6 weeks) 3. If you are serving prepackaged baked goods but not making them on the Premises, only Health Department will review. (2 to 5 days) 4. If you will be operating any business that is in an industrially zoned district or of an industrial nature you will need to provide a Letter of Performance Standards or Certified Engineer's Report (a staff member will provide an information packet addressing this requirement) (5 to 10 days as soon as the Letter or Report is received by this Department) 5. If there has been no site inspection within the last three (3) months for the parcel/site, then one will be conducted to verify that the project is in compliance with an approved site plan (if applicable). Revised 11/l/2015 Page 1 of Intake to complete the following: Is /(N) Is us LI, HI or PDIP zoning? If so, give applicant a Certified Engineer's Report (CER) packet. Y/N Will e 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 or public water? 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 public sewer? Y/N Will you be putting up a new sign of any kind? Sign permit. Permit # If so, obtain proper Y/N Will there 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: 8 W N 5cafe Q I Sa Le S^ rmitted as: Under Section: �6h tS'r�ubve Supplementary regulations section: Parking formula: Required spaces: OM Y / Item o be verified in the field: Inspector Notes: Date: Vio,l�•�i�ons: I' /JN� If so, ist: Proff Y /. If so L�' t: r u oe) e riN ance: YWso, List: CUC,�a( Oil- ON , List: � � 2 cS_ jq < Clearances: SDP's S'OP 2oI3�►3 Revised 7/1/2011 Page 3 of 3 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, ZCJ A-/l /t%� C G n [County application name and number] was provided to �� / G `Tti� 7W 4-0 7 the owner of record of Tax Map [name(s) of the record owners of the parcel] and Parcel Number 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 / t/V4- Raz,�/J7t/ —� ���ls S✓ [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 5l%� / to the following address: Date [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]. Signature of Applicant 2- CcL S V- - O-e-� Print Applicant Name N Date LICENSE AGREEMENT LICENSEE: A. Name: Keystone Novelties Distributors, LLC B. Check if: ❑ Individual(s) ❑ Sole Proprietor OR ❑ Partnership ❑ Corporation ® LLC Where formed (State): Pennsylvania C. Trade Name: Keystone Novelties Distributors, LLC D. Address: 201 Seymour Street Lancaster, PA 17603, Attn: J Wes Runnels E. Telephone: 717.394.1078 LICENSOR: F. Federal Realty Investment Trust, as owner or authorized agent G. Notice Address: c/o Federal Realty Investment Trust, 1626 East Jefferson Street, Rockville, MD 20852-4041, Attention: Legal Department Payment Address: Federal Realty Investment Trust, P.O. Box 8500-3426 Philadelphia, PA 19178-3426 (or such other address as Licensor may designate by written notice). SHOPPING H. 29th Place ("Shopping Center") CENTER/VIL- LAGE: PREMISES: I. If a license for in -line space, Space No.: N/A (Premises) as shown on Exhibit A, attached. Oth- erwise, the cross -hatched area on Exhibit A. If Licensee utilizes a tent on the Premises, it must be secured with sand bags/barrels or water barrels to secure the tent. Licensee may not bore into the pavement. Any container(s) placed onsite as part of Licensee's setup must be clean and free of chipped and/or missing paint. If Licensor is supplying a kiosk or cart, Cart No. N/A LICENSE PE- J. Commencing June 19, 2019 and expiring July 10, 2019, during which Licensee shall operate RIOD: during Shopping Center hours. LICENSE FEE: K. $1,900.00 payable on June 19, 2019. Any partial license periods shall be prorated on a daily ba- sis calculated on a 365-day year. PERCENTAGE L. Intentionally Deleted. LICENSE FEE: ADDITIONAL M. Intentionally Deleted. CHARGES: SECURITY DE- N. Intentionally Deleted. POSIT: PERMITTED O. The Premises shall be used for the sale at retail of fireworks and sparklers as permitted by the USE: municipality, and for no other purpose. In no event shall Licensee use the Premises for any use or purpose that would violate any exclusive or restricted use, whether now or hereafter existing at the Shopping Center, nor any laws, statutes, orders, ordinances, zoning and other regulations and ordinances of federal, state, county, municipal and other governmental authorities having jurisdiction. the terms and conditions appeanng on the ADDENDUM, the location of the Premises as shown on EXHIBIT A and the RULES AND REGULATIONS attached as EXHIBIT B (including the Merchant Manual Rules and Regulations, i applicable) land CONSTRUCTION ADDENDUM (if any)), all of which are attached hereto, have been reviewed and approved by the parties and are incorporated into and made a part of this License Agreement (hereinafter, the "Agree- ment") by reference. IN WITNESS WHEREOF, the parties hereunto set their hands on May 6, 2019 LICENSOR: FEDERAL REALTY INVESTMENT TRUST, as owner or authorized agent By: n'i.lf1A.0d FldAA.ldtr Name: Michael Kelleher Title: Vice President — Ancillary Revenue LICENSEE: KEYSTONE NOVELTIES DISTRIBUTORS, LLC, a Pennsylvania limited liability company By: J� Name: Job F May Title: Managing Director tent location generator DOMINION DRIVE BERKMAR DRIVE EXHIBIT A VVA O[ jTF 85, Portable restroom location on level ground, against brick wall behind space #200 (Lane Bryant) 0 NORTH Federal Realty 29TH PLACE 111ven�en nun ROINIA CHARLOTTESVILLE,: 1626 Ease Jefferson Street moPenrvc rv-mx Rockville, Maryland 20852 uPOniEo: octoeen ai, xore var°oxww wane (301) 9968100 ° u W M 3 O m J 4•+ C G1 H O X O N I I I I I I I I I I I I I I I 1 I I I I I I I I I I I I I PAGE 01 I ..... / CERTIFICATE OF FLAME RETARRANC Refereme Your ()r�je.r # i di Ouk- Order 00, 1164 9' This is to certiiv that Her,:ulitr, ArT.:hften%Lot # LS flarne retardant acicordfnto the fallowing specificatioill ard stnnd�rds: California Fire 'oafshall Registridon t7itle 19) Reg, Fabric 4 F11—:203 National. Firc Fnv-.,�tion Associa-01, T-J�A) C anva';,, )�ducts-Associallon Inter adonal (C-FM) 5'4 I.A'aPs Topill' Also we cc-tify 1()l r,>!- ger,ulfte Architent rent atid faLy` , * 4 . , IC IS 111gt=eTa c0dormmice'With the av�J�n;gc 'YPie"ll. PhYsicaJ alld technical oe:-fi),l'tiifti(:e paramemrs pLkhsbedin o-or descripliWic Prod"Ja fltelatuTe arcl tCCh'lliC-,al bulletim. iol. VIM fR104 OR PoLe i'Wj. 12' 411Z AWAple A## POL6 7&+TS, ar" k4a, 1 40 Quality corlml Nfgnavt- 601 4, IA� Vt 6 7ehTj 40, T,j Producl.,t Marketed by HERCULITE PRODUCTS, INC, P0. BOX 7B6 Y r ORK PA 1 "405 have been tested by zn approveci !abr. eiary In veordariv,- with jh- Sty' tionlifil;'21 , Of thO Health,aAd Safelly Code, end mccts the ttknimurn rtcvire mm-.-as rsla6fished by .ht Fin Marshal for FLAME RETARDANT FABRIC Start Fir-, MarshAj KEYST10 OP ID: DT A i[J Po CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 01/11/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Harding -Yost Insurance 142 Walnut Street, PO Box 220 CONTACT NAME: Dan Trump vcNr o Exe ; 717-336-2231 ac Na , 717-336-0484 Denver, PA 17517-0220 Dan Trump ADDRE SS: dan@hardingyostins.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A:PInnaclePOlnt Insurance 15137 INSURED Keystone Novelties Distributors, LLC INSURER B : 201 .Seymour St. INSURER C : INSURER D : Lancaster, PA 17603 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISInN N"MRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INICY TR R TYPE OF INSURANCE D UB POLICY NUMBER MWDDY/YYYY EXP MM1 DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR EACH OCCURRENCE $ PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT 7 LOC OTHER: GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ BODILY INJURY Per accident ( ) $ PROPERTY DAMAGE Per accident $ UMBRELLA LIAB EXCESS LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY OFFICER/MEMBER /EXCLUDED? ECUTIVE (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N /A CP7001754 12/01/2018 12/01/2019 X I PER TH- STATUTE ER E.L. EACH ACCIDENT $ 500,00 E.L. DISEASE - EA EMPLOYEd $ 500,00 E.L. DISEASE - POLICY LIMIT I $ 500,00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Covered States: PA, NC, MD, VA including other states endorsement "G\CL'aIII L'1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE For Record Only THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE U 19BB-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD AC<oRV CERTIFICATE OF LIABILITY INSURANCE DATE (MM(DDIYYYY) 12/11 /2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER CONTACT NAME: PHCN E FAX o A/C No : 1 Britton Gallagher One Cleveland Center, Floor 30 1375 East 9th Street E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # Cleveland OH 44114 INSURER A:Maxum Indemnity Company 26743 INSURED 8086 INSURER B:EVereSt IndemnityInsurance 1 INSURERC: Keystone Novelties Distributors LLC 201 Seymour Street Lancaster PA 17603 INSURER INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: 253092864 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS B GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR N Y Y S18ML00041-181 12/31/2018 12/31/2019 EACH OCCURRENCE $1,000,000 DAMAGE TRENTED PREMISES Ea occurrence $500.000 MED EXP (Any one person) $ PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO X LOC PRODUCTS - COMP/OP AGG $2,000,000 $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS LE LIMIT Ea accident $ BODILY INJURY (Per person) _ $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ A UMBRELLA LIAR EXCESS LIAR X I OCCUR CLAIMS -MADE Y Y EXC6018961 12/31/2018 12/31/2019 EACH OCCURRENCE $4,000,000 X AGGREGATE $4,000,000 DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A WC STATU- OTH- TORY LIMIT.I ER_ E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE - $ E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Additional Insured extension of coverage is provided by above referenced General Liability policy where required by written agreement. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ... AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Kevin McCollum From: Rebecca Morris - Fire Rescue Sent: Tuesday, May 21, 2019 1:11 PM To: Kevin McCollum Cc: Zachary Matthews; Shawn Maddox Subject: RE: zoning clearance fireworks sales Attachments: CLE2O19-1O8.pdf Hi Kevin, No worries on our end regarding the fireworks stand at 1510 Seminole Trail. We are familiar with Keystone Novelties and have issued them permits in the past at the same location. They've also applied for the appropriate permits with our department for this year as well. Thanks, Rebecca Morris Public Safety Assistant Albemarle County Fire Rescue Fire Marshal's Office 434-296-5833 Ext 3101 From: Kevin McCollum Sent: Tuesday, May 21, 2019 11:37 AM To: Rebecca Morris - Fire Rescue <rmorris7@albemarle.org> Subject: zoning clearance fireworks sales Hi Rebecca, I am reviewing another zoning clearance for fireworks sales and I wanted to run it by you again. Do you have any issues and/or are you aware of this proposed stand? Rick Seery is the applicant and the proposed location is between Jason's Deli and Mattress Warehouse on 29. Attached is the full application if you need more information. Thanks, Keviw McCoUaur. Planner, Zoning Albemarle County Community Development kmccollum(a)albemarle.ore 434-296-5832 x 3141 1