APPLICANT'S INFORMATION AND INSTRUCTIONS (KEEP FOR YOUR REFERENCE)

Transcription

1 Virginia Beach Planning Cmmissin Department f Planning Rm. 115, Bldg Curthuse Drive Virginia Beach, VA (757) (757) (fax) planadmn@vbgv.cm Keep pages 1 thru 5 f this applicatin package fr yur reference. Submit the last fur pages f the applicatin at the Planning Department (Rm 115, Building 2, Municipal Center) with all ther assciated applicatin materials.

2 APPLICANT'S INFORMATION AND INSTRUCTIONS (KEEP FOR YOUR REFERENCE) A Mdificatin f Cnditins applicatin is used fr mdifying the cnditins f a previusly apprved Cnditinal Use Permit r prffers f a previusly apprved Cnditinal Zning. In many cases, a new Cnditinal Use Permit r Cnditinal Zning applicatin will be required. Please cntact a Current Planner t determine if a Mdificatin f Cnditins applicatin is apprpriate fr yur prpsal. Please call (757) t make an appintment with a Planner. SUBMITTAL PROCEDURE Please refer t the Planning Cmmissin Applicatin Schedule fr submittal deadlines and ther relevant dates. This dcument is available nline at r by cntacting the Planning Department. The deadline fr applicatin submittal is the 1st f the mnth. Staff will review submitted applicatins t ensure all required materials and infrmatin are prvided. Within ten wrking days f the submittal deadline, the applicant will be ntified whether applicatin materials are cnsidered acceptable and the applicatin cmplete. If cmplete, a pstcard will be mailed t the cntact persn indicating the date the applicatin is scheduled t be heard by the Planning Cmmissin. If the applicatin is nt cmplete, a letter utlining the deficiencies will be sent t the applicant, prviding a deadline fr the submissin f infrmatin and the dcuments and plans needed t address the deficiencies. NOTICE & POSTING 1. The applicant must pst a sign(s), which may be picked up at the Planning Department, in accrdance with the instructins prvided with this applicatin package. The sign must be psted nt less than thirty (30) days prir t the Planning Cmmissin public hearing, and must remain in place until after the City Cuncil actin. 2. Pursuant t State Cde, all adjacent prperty wners will be ntified by the Planning Department via certified mail f the applicatin. 3. Pursuant t State Cde, the City f Virginia Beach advertises public hearings in a newspaper having general circulatin within the city (the Virginia Beach Beacn) nce a week fr tw cnsecutive weeks, with the secnd advertisement appearing nt less than six nr mre than 21 days prir t the advertised hearing. WITHDRAWAL OF APPLICATIONS Any applicatin may be withdrawn by written request f the applicant. If withdrawn prir t the time legal ntice is sent t the newspaper fr the Planning Cmmissin hearing (apprximately 3-4 weeks prir t the hearing), the applicatin fee may be reimbursed. If the applicatin is withdrawn after this time, fees cannt be reimbursed. DEFERRAL OF APPLICATIONS Applicants may request an indefinite deferral f the applicatin if mre time is needed t prepare fr the scheduled public hearing. Hwever, deferrals are nt granted autmatically, and the applicant r applicant s representative must be present at the public hearing even if a deferral has been requested. The Planning Cmmissin may als defer an applicatin fr Mdificatin f Cnditins Applicatin Page 2 f 9 Revised 10/16/2014

3 APPLICANT'S INFORMATION AND INSTRUCTIONS (KEEP FOR YOUR REFERENCE) failure f the applicant t fllw all prcedural steps. If the applicatin is deferred at the request f the applicant r fr failure t fllw all prcedural steps, new public ntice shall be issued at the expense f the applicant. STAFF REVIEW A staff reprt and recmmendatin is prepared fr each applicatin. Staff reprts are available the Thursday prir t the public hearing, and applicants are encuraged t review the reprts at this time. Reprts will als be psted under the apprpriate agenda n the City's web page at PLANNING COMMISSION PUBLIC HEARING AND CONSIDERATION The first public hearing n an applicatin is befre the Planning Cmmissin. Planning Cmmissin meetings are held n the secnd Wednesday f every mnth at 12 nn in the Cuncil Chamber f the City Hall Building (Building #1), r at such times r places as may be designated by the Cmmissin. The applicant r a representative f the applicant must be present at the public hearing. The applicant r the applicant s representative is asked t make a presentatin n the prpsal and answer any questins the Planning Cmmissin may have. Other interested members f the public are given the pprtunity t speak. If there is ppsitin, the applicant is als given time fr a rebuttal. On the day f the public hearing, the Planning Cmmissin meets with staff at 9:00 a.m. in the City Manager s Cnference Rm fr a briefing. Applicants may attend these infrmal sessins and listen, but may nt participate until the frmal public hearing at 12 nn. The Planning Cmmissin functins as an advisry bdy f the City Cuncil, and the Planning Cmmissin s recmmendatins are transmitted t the City Cuncil within 45 days after hearing, unless the applicatin is deferred. CITY COUNCIL PUBLIC HEARING Fllwing actin by the Planning Cmmissin, a public hearing is held at City Cuncil. The City Cuncil nrmally hears Planning items n the secnd and furth Tuesday f each mnth at 6:00 p.m. in the Cuncil Chamber f the City Hall Building. The City Clerk advertises each applicatin t be heard by City Cuncil in a newspaper having general circulatin within the city (the Virginia Beach Beacn) nce a week fr tw cnsecutive weeks, with the secnd advertisement appearing nt less than six nr mre than 21 days prir t the advertised hearing. The Planning Department will ntify the applicant in writing f the City Cuncil hearing date fllwing the Planning Cmmissin meeting. The scheduled dates will als be psted under the apprpriate agenda listed n the City s web site at City Cuncil hearing dates can als be cnfirmed by calling the Planning Department. Fr detailed legislatin cncerning Mdificatin f Cnditins, see Sectin 107(h)(10) and Sectin 221(g) f the Zning Ordinance. Mdificatin f Cnditins Applicatin Page 3 f 9 Revised 10/16/2014

4 APPLICANT'S CHECKLIST (Keep fr yur reference) Be sure t check the items listed belw and include all applicable materials when yu submit yur applicatin. Staff will review submitted applicatins and ntify applicants by mail whether the applicatin has been accepted fr prcessing (see pstcard attached t applicatin). Applicatins lacking required infrmatin, submittals, and/r signatures cannt be scheduled fr public hearing. Mre detailed infrmatin is presented in the attached "Applicant's Infrmatin sectin abve. Cmpleted applicatin frm with all blanks filled in. Prperty wner's signature and applicant s signature (if nt the current wner f the prperty). A cpy f the purchase cntract fr the prperty may be included in lieu f the prperty wner s signature, as lng as the cntract clearly identifies apprval f the applicatin as a cntingency f the cntract. Cmpleted and signed Disclsure Statement Fee payable t Treasurer, City f Virginia Beach: $500 [PLEASE NOTE: The applicant will als be billed fr the csts f public ntice legal advertisement, certified mailing t adjacent prperty wner(s), and public ntice sign(s)]. Pstcard (prvided by the city) t write the name and address f the desired cntact persn. One cpy f legal descriptin f the prperty. IF MODIFICATION OF PROFFERS: One riginal and ne cpy f a Certificate f Title. The Certificate f Title must be prepared and signed by an attrney licensed t practice law in the Cmmnwealth f Virginia. The title certificate must describe the prperty that is the subject f the petitin and must identify all parties having a recrded interest in the prperty, including legal and equitable wners, and must state the surce f title r interest fr each party. The Certificate f Title must state the date thrugh which the attrney examined the title t the prperty. The date may nt be mre than six mnths prir t the date f filing the petitin. The City Attrney will reject any Certificate f Title, which, in his r her pinin, is incmplete r is therwise insufficient. IF MODIFICATION OF PROFFERS: 10 cpies and ne riginal fully signed and executed Cnditinal Zning Agreement with written prffers in deed restrictin frm. Prffers shall nly be accepted as cnditins attached t the rezning if they meet the fllwing criteria: The rezning itself must give rise fr the need fr the cnditin; Such cnditins shall have a reasnable relatin t the rezning; All such cnditins shall be in cnfrmity with the Cmprehensive Plan; Such cnditins shall be capable f being readily and effectively enfrced by the City f Virginia Beach at the time f develpment f the prperty; Such cnditins shall be deemed necessary and sufficient t ffset identified prblems caused by the rezning in a manner nt made available by cnventinal zning methds; Prffers shuld avid stating cmmitments that satisfy cnditins already required under City rdinances. The written prffer shall name as grantrs all wners f the prperty and shall be signed by all such parties. In the event that the applicant fr the rezning is a cntract purchaser, such purchaser shall als be made a part t the prffer and shall sign same. Mdificatin f Cnditins Applicatin Page 4 f 9 Revised 10/16/2014

5 APPLICANT'S CHECKLIST (Keep fr yur reference) Where prffered cnditins include the dedicatin f real prperty r payment f cash, such prperty may nt transfer and such payment f cash may nt be made until the facilities fr which such prperty is dedicated r cash is tendered are included in the Capital Imprvement Prgram. Hwever, the City may accept prffered cnditins that are nt nrmally included in the Capital Imprvement Prgram. If prffered cnditins include the dedicatin f real prperty r the payment f cash, the prffered cnditins must prvide fr the dispsitin f such prperty r cash payment in the event the prperty r cash payment is nt used fr the purpse fr which prffered. One cpy f an up-t-date prperty survey (unless current survey infrmatin is included n the site plan. 10 flded cpies f the prpsed site plan (n larger than 24" x 36"), including: Scale identified (must be 1"=100' r larger); The actual dimensins and shape f the lt; Distance t the nearest intersecting street; The dimensins, lcatins, building ftprint, flr area, and height f any existing buildings n the lt; The dimensins, lcatins, building ftprint, flr area, and height f any prpsed buildings n the lt; The size, type, and lcatin f any existing r prpsed signs; The existing and prpsed uses f all structures and areas; Existing and prpsed pints f vehicular access; Parking spaces, drive aisles and maneuvering areas; Tabulatin f required and prpsed parking; Existing and prpsed landscaping; Additinal infrmatin including tpgraphy, natural features, surrunding land uses, density, amunt f pen space, any variances t city standards, etc. which may be relevant t the evaluatin f the prpsed use. One cpy f a reduced site plan n letter (8.5" x 11") sized paper. 15 cpies f renderings and/r building elevatins (n larger than 24" x 36"), including: Scale identified; Depictin f materials and clrs (a sample bard f the materials and clrs is highly recmmended); Depictin f lcatin f signs t be attached t the building. One cpy f a reduced rendering and/r building elevatins n letter (8.5" x 11") sized paper. If the purpse f the applicatin is t develp a prject that includes residential uses, a Phase I Envirnmental Site Assessment shall be submitted with the applicatin. Based n the findings f the Phase I Assessment, a Phase II Assessment and/r testing may be required. If the site is lcated within an AICUZ greater than 65 db DNL, the Reasnable Use Exceptin Applicatin must be submitted. Fr applicatins within the db DNL, the AICUZ Cmpatible Use Advisry Ntice must als be submitted. Cpies f each are available in the Planning Department. Mdificatin f Cnditins Applicatin Page 5 f 9 Revised 10/16/2014

6 CITY OF VIRGINIA BEACH PLANNING DEPARTMENT CURRENT PLANNING BUILDING 2 - ROOM 115 VIRGINIA BEACH, VA PHONE (757) FAX (757) PLANNING COMMISSION / CITY COUNCIL SIGN POSTING INSTRUCTIONS & INFORMATION PLEASE RETAIN FOR YOUR REFERENCE ** FAILURE TO FOLLOW AND ADHERE TO THESE INSTRUCTIONS WILL RESULT IN THE DENIAL OR DEFERRAL OF YOUR APPLICATION ** PURPOSE Sectin 108 f the City Zning Ordinance requires that In any case in which a prperty wner r ther authrized persn petitins the City Cuncil fr the apprval f any applicatin seeking a rezning, cnditinal use permit, apprval f a PD-H1 r PD-H2 land use plan, reslutin pertaining t a nncnfrming use r structure, subdivisin r fldplain variance, r recnsideratin f cnditins, the applicant shall erect, n the prperty which is the subject f the applicatin, a sign f a size, type and lettering apprved by the Planning Directr. The purpse f the sign is t ntify the public that a public hearing is t be held fr the purpse f reviewing the applicatin and receiving public cmment n the applicatin. While prperty wners immediately adjacent t the site under review are ntified by certified mail f the hearing, the general public receives ntice either by an advertisement in the Legals prtin f the Virginian-Pilt s Classified sectin, r by the sign psted n the prperty. Therefre, the psting f the sign is extremely imprtant and must be taken seriusly by the applicant. INSTRUCTIONS 1. The applicant must pst the sign, nt less than thirty (30) days prir t the Planning Cmmissin public hearing, and must remain in place until after the City Cuncil actin. The sign must be remved n later than five (5) days after City Cuncil actin. 2. The applicant must pst the sign, prvided by the Planning Department, n the prperty, within 10 feet f the pavement f every public street. If a sidewalk is present, the sign must be within 10 feet f the sidewalk. The sign must be clearly visible. We strngly recmmend that the sign be installed s the tp f the sign is at least fur feet frm the grund level. (NEXT PAGE OVER) Virginia Beach Sign Installatin and Instructins July 2013 Page 1

7 3. The sign must remain psted at all times during the 30 days prir t the Planning Cmmissin public hearing. We strngly advise yu t check each day t be sure the sign(s) are in place. In particular, if fr sme reasn (as in a strm event with gusty winds), yu suspect that the sign may be remved, immediately check t ensure the sign is still in place. If yu need a new sign, cntact the Planning Department immediately at t arrange t have a sign picked up. 4. The psting f the sign fr at least 30 days prir t the public hearing is the respnsibility f the applicant. FAILURE TO INSURE THAT THE SIGN(S) ARE POSTED AND REMAIN IN PLACE CAN, AND LIKELY WILL, RESULT IN DEFERRAL OR DENIAL OF THE APPLICATION TO THE NEXT AGENDA. Sectin 108 ntes in any case where the planning cmmissin r the city cuncil determines that the requirements f this sectin have nt been met, the applicatin shall be deferred T insure that the sign(s) are psted in such manner that they remain in place against strm events r ptential vandalism, we strngly recmmend that yu secure the sign n ne r tw sturdy psts with large nails r screws and anchr the pst in the grund with cncrete r similar semi-permanent anchring material. D nt frget t check t make sure the sign is in place during the 30 days. Fr detailed legislatin cncerning this and similar issues, see Sectins 107 and 108 f the City Zning Ordinance. Virginia Beach Sign Installatin and Instructins July 2013 Page 2

8 APPLICATION CONTACT INFORMATION Applicant s Name: Street Address: City/State/Zip: Telephne: Fax: Applicant s Representative: Street Address: City/State/Zip: Telephne: Fax: Prperty Owner s Name: Street Address: City/State/Zip: Telephne: Fax: DESCRIPTION OF PROPERTY Lcatin (Street Lcatin and/r Address): GPIN Number(s): Land Area (in acres r square feet): AICUZ Zne: City Cuncil Electin District: Existing Zning: DECLARATION OF FINANCIAL RESPONSIBILITY FOR ADVERTISING COSTS: I understand that the cst f newspaper advertising fr public hearing ntificatin purpses is my respnsibility and agree t pay all ntices f payment due and bills assciated with advertising csts fr this applicatin. Party respnsible fr advertising csts: Applicant Representative Owner (Bill will be mailed t party respnsible fr advertising cst) FOR OFFICE USE ONLY: Applicatin Paid: Receipt #: Mdificatin f Cnditins Applicatin Page 6 f 9 Revised 10/16/2014

9 APPLICATION DESCRIPTION OF REQUEST Please prvide a detailed descriptin f the prpsed mdificatin(s). Include the type f apprval t be mdified (cnditinal zning r cnditinal use permit), the date it was apprved, and specify which prffers r cnditins are t be changed. (Attach additinal sheets if necessary): Mdificatin f Cnditins Applicatin Page 7 f 9 Revised 10/16/2014

10 APPLICANT S NAME DISCLOSURE STATEMENT FORM The cmpletin and submissin f this frm is required fr all applicatins that pertain t City real estate matters r t the develpment and/r use f prperty in the City f Virginia Beach requiring actin by the City Cuncil r a bard, cmmissin, r ther bdy appinted by the City Cuncil. Such applicatins and matters include, but are nt limited t, the fllwing: Acquisitin f Prperty by City Dispsitin f City Prperty Mdificatin f Cnditins r Prffers Alternative Ecnmic Develpment Nncnfrming Use Cmpliance, Special Investment Prgram Changes Exceptin fr (EDIP) Bard f Zning Appeals Encrachment Request Rezning Certificate f Fldplain Variance Apprpriateness (Histric Review Bard) Franchise Agreement Street Clsure Chesapeake Bay Preservatin Area Lease f City Prperty Subdivisin Variance Bard Cnditinal Use Permit License Agreement Wetlands Bard The disclsures cntained in this frm are necessary t infrm public fficials wh may vte n the applicatin as t whether they have a cnflict f interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY / All disclsures must be updated tw (2) weeks prir t any Planning Cmmissin and City Cuncil meeting that pertains t the applicatin(s). Page 1 f 7 APPLICANT NOTIFIED OF HEARING NO CHANGES AS OF REVISIONS SUBMITTED DATE: DATE: DATE:

11 Check here if the APPLICANT IS NOT a crpratin, partnership, firm, business, r ther unincrprated rganizatin. Check here if the APPLICANT IS a crpratin, partnership, firm, business, r ther unincrprated rganizatin. (A) List the Applicant s name: If an LLC, list all member s names: If a CORPORATION, list the the names f all fficers, directrs, members, trustees, etc. belw: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 r affiliated business entity 2 relatinship with the Applicant: (Attach list if necessary) See next page fr infrmatin pertaining t ftntes 1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Cmplete Sectin 2 nly if prperty wner is different frm Applicant. Check here if the PROPERTY OWNER IS NOT a crpratin, partnership, firm, business, r ther unincrprated rganizatin. Check here if the PROPERTY OWNER IS a crpratin, partnership, firm, business, r ther unincrprated rganizatin, AND THEN, cmplete the fllwing. (A) List the Prperty Owner s name: If an LLC, list the member s names: Page 2 f 7

12 If a Crpratin, list the names fall fficers, directrs, members, trustees, etc. belw: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 r affiliated business entity 2 relatinship with the Prperty Owner: (Attach list if necessary) 1 Parent-subsidiary relatinship means a relatinship that exists when ne crpratin directly r indirectly wns shares pssessing mre than 50 percent f the vting pwer f anther crpratin. See State and Lcal Gvernment Cnflict f Interests Act, Va. Cde Affiliated business entity relatinship means a relatinship, ther than parent-subsidiary relatinship, that exists when (i) ne business entity has a cntrlling wnership interest in the ther business entity, (ii) a cntrlling wner in ne entity is als a cntrlling wner in the ther entity, r (iii) there is shared management r cntrl between the business entities. Factrs that shuld be cnsidered in determining the existence f an affiliated business entity relatinship include that the same persn r substantially the same persn wn r manage the tw entities; there are cmmn r cmmingled funds r assets; the business entities share the use f the same ffices r emplyees r therwise share activities, resurces r persnnel n a regular basis; r there is therwise a clse wrking relatinship between the entities. See State and Lcal Gvernment Cnflict f Interests Act, Va. Cde SECTION 3. SERVICES DISCLOSURE Are any f the fllwing services being prvided in cnnectin with the subject f the applicatin r any business perating r t be perated n the Prperty. If the answer t any item is YES, please identify the firm r individual prviding the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 f 7

13 YES NO SERVICE PROVIDER (use additinal sheets if needed) Accunting and/r preparer f yur tax return Architect / Landscape Architect / Land Planner Cntract Purchaser (if ther than the Applicant) identify purchaser and purchaser s service prviders Any ther pending r prpsed purchaser f the subject prperty (identify purchaser(s) and purchaser s service prviders) Cnstructin Cntractrs Engineers / Surveyrs/ Agents Financing (include current mrtgage hlders and lenders selected r being cnsidered t prvide financing fr acquisitin r cnstructin f the prperty) Legal Services APPLICANT Real Estate Brkers / Agents/Realtrs fr current and anticipated future sales f the subject prperty SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Des an fficial r emplyee f the City f Virginia Beach have an interest in the subject land r any prpsed develpment cntingent n the subject public actin? If yes, what is the name f the fficial r emplyee and what is the nature f the interest? Page 4 f 7

14 CERTIFICATION: I certify that all f the infrmatin cntained in this Disclsure Statement Frm is cmplete, true, and accurate. I understand that, upn receipt f ntificatin that the applicatin has been scheduled fr public hearing, I am respnsible fr updating the infrmatin prvided herein tw weeks prir t the Planning Cmmissin, Cuncil, VBDA meeting, r meeting f any public bdy r cmmittee in cnnectin with this Applicatin. APPLICANT S SIGNATURE PRINT NAME DATE Page 5 f 7

15 YES NO SERVICE PROVIDER (use additinal sheets if needed) Accunting and/r preparer f yur tax return Architect / Landscape Architect / Land Planner Cntract Purchaser (if ther than the Applicant) identify purchaser and purchaser s service prviders Any ther pending r prpsed purchaser f the subject prperty (identify purchaser(s) and purchaser s service prviders) Cnstructin Cntractrs Engineers / Surveyrs/ Agents Financing (include current mrtgage hlders and lenders selected r being cnsidered t prvide financing fr acquisitin r cnstructin f the prperty) Legal Services OWNER Real Estate Brkers / Agents/Realtrs fr current and anticipated future sales f the subject prperty SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Des an fficial r emplyee f the City f Virginia Beach have an interest in the subject land r any prpsed develpment cntingent n the subject public actin? If yes, what is the name f the fficial r emplyee and what is the nature f the interest? Page 6 f 7

16 CERTIFICATION: I certify that all f the infrmatin cntained in this Disclsure Statement Frm is cmplete, true, and accurate. I understand that, upn receipt f ntificatin that the applicatin has been scheduled fr public hearing, I am respnsible fr updating the infrmatin prvided herein tw weeks prir t the Planning Cmmissin, Cuncil, VBDA meeting, r meeting f any public bdy r cmmittee in cnnectin with this Applicatin. PROPERTY OWNER S SIGNATURE PRINT NAME DATE Page 7 f 7