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HomeMy WebLinkAboutCLE202300049 Approval - County 2023-03-31Zoning Clearance Application qF A J� Albemarle County p 11h' v Community Development 401 McIntire Rd, North Wing ??, "..: Charlottesville, VA 22902 t�RgIWIP Phone 434.296.5832 FOR OFFICE USE ONLY Clearance Number: CLE2023-49 Fee Amount: $ 61.36 Date Paid3124(L3 BY. pW6 Application fee: $59 + Technology Surcharge: $2.36 Receipt #:'ayjq' Check OiN 1 ey:�50� C � Applicant - Fill out the entire page below and return to: J Community Development 401 McIntire Rd, North Wing, Charlottesville, VA 22902 Name: StAS" OPCllnnxtL LC 1DAfJ SIMOV& E-Mail Address: 5EASgMACC"A4N.ZrAV1.00M Mailing Address: Phone #: 703 4Z7 27/ P Tax Map and Parcel number and/or Address of the Business: 07700-00-00-01 boo Zoning: staff wo fin out if unknown QtlFAlA4is—ri bNk"P"fV StfypOrnJ(g CIW760, Parcel Owner: PeupeLA-VO Ti2VS1" Owner's Address: 22Af pjw5rA).w, etificorgvdi Check any that apply: F7 New Business ❑ Change of Use ❑ Change of Ownership Change of Name Business Name: r1 S6t"$ONS Of- CI+AN6Fc L,LC Rewt_ Frr eEuxaf.ICS Description of Business' Describe the business including use, number of employees, number of shifts, availability of parking, and any additional Info. E 41niL Sria- VA. ibO,C"D FI&w0tX-S V5IN6 A "X40 STE�C $RL£ e,rarhrNkC F/LoM fo 23 — 7,hD 2-OZ 3 Previous Business on Site: M&D Eefie&sS Floor Plan: Please attach either an architectural drawing or a sketch of the proposed business indicating the location of uses, the uses of rooms, the total square footage of the use, and any additional information. Total Square Footage Used for the Business: 32 D SQ FT, Is the Parcel Zoned LI, HI, or PDIP? Yes Q No If yes, fill out a Certified Engineer's Report (CERI Will there be food preparation? ❑ Yes No If yes, provide Virginia Department of Health approval Is the Parcel on public water or private well? Public ❑ Private if on private well, provide Virginia Department of Health approval Is the Parcel on public sewer or septic? Public ❑ Septic If on septic, provide Virginia Department of Health approval Will you be putting up any new signage? Yes No If yes, obtain appropriate sign permit and list permit # below Will there be new construction or renovations? Yes o If yes, obtain appropriate building permit and list permit# below Please list any applicable Building Permit #s: Zoning Clearance review cannot begin until the application above is complete and all applicable forms and fees are submitted. 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 the best of my knowledge. I have read the conditions of approval, and I understand them, and that I/��will __abide by them. aa Signatury, f`►'1�'.��� Printed 1��9/Yyf[ - Siiyd�rl� Date - - /to - -Z3 2 V Albemarle County Zoning Clearance Application Community Oevebpment 22902401 McIntire RQ North Wing Charlolleavllle, VA 22902 Phone 434.295.5832 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, CLE2023-49 clearance number provided by Staff or business name to hiD R� pi;j, z2y ►yrNsi .N•w the owner Name or landowner on record of Tax Map and Parcel Number 0 7800- oo-DO - Oi 7 D 4* by either delivering a TMP number of property 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 Mailing a copy of the application to the owner identified above on Date •5-20-23 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 17i7y��L 6 Si�soyr� Date 3-14•Z3 j For Albemarle County Staff Review Only Proposed Use: Temp. Event (Firework Sales) Permitted: VYes ❑ No Permitted by Section: Admen. Practice Supplementary Regulations: Applicable Special Use Permit (SP): SP2018-12 (pylon sign) Applicable Rezonings (ZMA): ZMA1983-2 Applicable Site Plans (SDP): SDP1988-53 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: N/A Defined by: [-]Site Plan [:]Zoning Ordinance ❑ Coo ❑Existing Total Square Footage of the Use: 320sf (8'X4O') Required number of parking spaces: N/A Associated Clearances: CLE2022-48, 2021-66, 2019-99, 2018-113 Variances: VA1991-51 (sign) Violations: N/A Is a site inspection necessary?: ❑ Yes VNo Site Inspection on (date): To Confirm: Notes: Conditions of Approval: Additional conditions of approval apply to Fireworks and Christmas Trees Approval Information S/ 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: Additional Notes: Objection 03/30/2023 _4No Building Official � Date Zoning Official Date 03/31/2023 Fire Rescue - No Objection 03/30/2023 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 Ponderosa Land Tnist 22414t° Street NW, Cbsrlotiesville, VA 22903 Phone:(434)989.6736 FAM (434)293-2280 Eawit: Taneshia4,�aodazdPraaerties coot PARXJNG AGREEMENT This Parking Agrftrocat, wade this 1° day of Daemb 20 )0 is behreeo Ponderosa Lind Trust, hereimfter referred to as 'Lessor; with office located a 22414 Street I411', Chadortassitte, VA 22903 (43d-971-8860), and pan Simone is, Seasons of Clsasge LLC'. jointly and severally, if more than one, hereinafter referred to as 'Lessee." whether singular or plural. Woodard Properties is the Agent for Lessor- Lest and Lessee bezeby agree to the totlossing additiabal terms and conditions: 1. Property, Term, Parking Payments and RenerraL The tam shall be for fee (5) years, fora 7 dupe week period, beginning on lanuary 1. 2021. until Daember 31 ram. his lease is only applicable for the three week period on or show Lime 10 to July 96, Therefore, notbioe in this lease precludes the Lessor from renting the premises to a thud pasty, during this fnc year period, outside of the three week applicable period En ur party nay rermmer, this agreemrm when one patty gives to the other, 90AW written notice of Micas to temdnate, Lessee agrees to pay Lessor �pe+ year for puking in the assigned spaces located at ''6j0 Ps,s,tit C' are•. Paynrnt is due con the fort (le) day of the selling period, payable to Woodard Properties. Cash is not accepted for payment. Fees may apply for credit card nanrachow or any electronic paynrens. in the event the Lessee is unable to operate the business due to Gov�at m County restrictions ar mandatory sbwdosstas directly related in the COVID-19 pandemic, Lessee will not be regoired to pay the rent for the restricted Umefrawc This Parking Agreement will pot autonuucally renew, and shall terminate on DDe^em - r4g 31, )OLD 2. Conditions: a, Parking is on - valid for Lessee and specified spaces. b. Use of the puking larwbw snow and+or ice see present is strictly at the risk of Lessee. c. Puking and use of the parking lot is strictly at Lessee's own risk including, but not Insured to, vehicle and persoml safety and security. d. Lessee shall be liable for any damages to Lessor's property caused by Lessee or by Lessee's vehicle. e. Lessw may change the configurationof the parking area, as Lessor deems necessary. f. Lessee is responsible- for the m mval of signage and hash on the last day of the hvo week period. 3. Late Payments and NSF Payments: In the event that Lessee's full payment is suit received in the office of Lessor by S:OOPM on the 5" day past the due date, Lessee agrees to pay a late fee of $5 per puking space. Lessee also agrees to a 550.00 haoslling fee for any check returned by the bank for any reason. Lessor re,senes she sight to require a cashier's check or money' order for payment. 4. \on -Payment: If any payment required to be made under tlos Parking Agreement is unpaid when due, and Lessee fails to make such payment within five (5) days after written notice is served on Lessee motifying Lessee of non-paywent and of i essre's ireoc tin. w ternumue this Parkins Aveesmmt if such Payment is not paid within the five day period, Initials - OQ}_v it Page 1 littps:ilwnodardproperties.nal.echosign.com/Public/viewAgr_.FOUZsb4JyGwSRkligchxPxI WHrRbm2gt_owavwgU_XNys4X& 1213120, age 3 of 0 Lessor my terminue this Parking Agreement and puklne permit will imasedialely becanm invalid and any vehicle parked in the parking lot displaying such permit may be towed, without warning, at owner's risk and expense. S. L.w's Remedin After Termination: If this Parking Agreement is temunoled due to a breach or default, Lessor shall have a cla® for unpaid parking fees, a termination fee equal to one mooth's parking fee and a separate chum for actual damages for the breach or default aid reasonable ancenev's fees as provided by law. Actual damages include collection costs of any kind iucuned by Lesior to collect amosmts owed by Lessee and interest at IS% on she unpaid balance until paid m full. In the event that Lessor files a warrant for collection of any unpaid amount due nester this Parking Agreement Lessee agrees to pay a processiag fee of $75.00, in addition to court costs and legal fees. 6. Contact Person: Levee hereby appoints Dan Simone as a primary Contact Person for this Parking Ageemmt. The Contact Person shall be responsible for comnunticating with all persoa(s) listed as Lessee and/or Vebicle Owner(Operator as wefi as distributing any additional copies of this Parking Agreement. Contact InfnniatlW is ss follows: Work Phone Number: (703)927�2718 Emd: seasoasofclutsge2•is'aol.wm 7. Sailers: All notices to be given wills respect to this Parking Agreement shall be in writing. All notices from Lessor m Lessee should beseen m 04633 f osbv Hiehway. Aldie_VA 2U103 and all notices from Lessee to Lessor should be rent to WoodardPrOIXI9K. 2- T435,)[e$t ;Vat' Charlottesville, VA 22903. Each notice shall be sent by electronic mail, regular mail or hand delivesed to the patty to be notified at the address set forth Imam or at such other address as either party essay from time to time designate in %ratio$. Nothing ci u uated herein shall be construed to preclude personal service of any notice in the nuuner prescribed for personal service of a sumscus or other legal process, All policies, which are or my become m effect governing the operation of the parking facility, apply to all parkers Terms aid policies are subject to change with reasonable notice. Penalties for failure to comply with Putderow Land Twist regulations include revocation of parking spaces, towing, legal action or other carats Lessen- deems necessary m mf rsce its parking policies. S. Sigonge: Lessee is responsible for signage at then- expeuse and with Lessoi s fsrtal approval. This Parking Agreement is the only agreement regarding parking between the two partial. If approved by Pondemaa land Tors, l agree to the tenors outlirsed above Lessee: Seamus of Cbaugt. LLC BY� Rimed Name: Dan Simone nee: Coo D.ea3 2020 _. - -- 3, 2020 Lessor: ,,...... � ._.:. :: �.,_,: - Tanashiz lvasbingtoq Authorized Agent of Lessor Initials Dili' ny— Page https:ffwoodardproperlies.nal.echosign.coinipubllcfvlewAgr... FOUZsb4JyGWSRkhgehxPxlWHrAbiu7.gt owevw3U_xNyS4X& 1213/ 0,01 oft6 ACC> V CERTIFICATE OF LIABILITY INSURANCE DATE(MWDE3YYY) 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 a . PRODUCER Britton -Gallagher and Associates, Inc. One Cleveland Center, Floor 30 1375 East 9th Street Cleveland OH 44114 CONTACT PHONE FAX • 216-658-7100 No:216-658-7101 aoonl & info britton alla her.00m INSURERS AFFORDING COVERAGE NAICa INSURER A: Everest Indemnity Insurance Co. 10851 INSURED 181fi6 INSURER B Fireworks Over America of South Carolina, Inc. 916 Rosewood Drive I INSURER C: INSURER D: Columbia SC 29201 _ INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: 1245131702 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 TR TYPE OF INSURANCEADDLSUBR POLICY NUMBER SIBGL00655-221 POLICY EFF D YY -10/1/2022 POLICY EXP MIDD/YYYY 10/12023 LIMITS EACH OCCURRENCE S1,WD,000 A GENERAL LIABILITY PREMISES (Eaoccurrence) $ X COMMERCIAL GENERAL LIABILITY CLAIM MADE M OCCUR MED EXP (Any one person) S PERSONAL A AOV INJURY $ 1,000,000 X $2500 Detludbb GENERAL AGGREGATE It2,00%ODO GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,00D000 S X POLICY Pfl0• JE X LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Me amidwrl 6ANY BODILY INJURY (Per parson) s AUTO BODILY INJURY (Per scclden0 S ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS POPE TY DAMAGE $ - S UMBRELLA LIAB OCCUR EACH OCCURRENCE S AGGREGATE is EXCESS LIAB CLAIMS -MADE DIED I I RETENTION $ WORKERS COMPENSATION - TWO STATU- OTH- AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE YIN E.L. EACH ACCIDENT S EL. DISEASE - EA EMPLOYE a OFFICERIMEMBER EXCLUDED? (Mandatory in NH) NIA FL DISEASE -POLICY LIMIT $ II yyaaa, tlew"' antler DESCRIPTIONOFOPERATIONShebw DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD ID1, Additional Remarks schedule, it more space is mqulmd) Additional Insured extension of coverage is provided by above referenced General Liability policy where required by written agreement. Stand Owner, Property Owner and Others listed below are named additional insured's. Property Owner: Ponderosa Land Trust, 224 14th Street NW, Charlottesville, VA 22903 Stand Owner: Dan Simone DBA Seasons of Change Location: 260 Pantops Center, Charlottesville, VA 22903 Dates: 6/l/23 - 7/7/23 Seasons of Change Dan Simone 40463 John Mosby Hwy. Addle VA 20105 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 �y ACORD 25 (2010/05) ©1 The ACORD name and logo are registered marks of ACORD COHPUHAIIUN. All reserved. ti x _ yam, m a.. yg {y5���Yy YYyee..ycc {{ py t ni 6"ltiuiW S�Yi ""art. I1M ` ,_it , .v 1t 4 Initials _ Page 3 �, 11-1.w Gam. 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