Virginia Beach Planning Cmmissin Department f Planning Rm. 115, Bldg. 2 2405 Curthuse Drive Virginia Beach, VA 23456 (757) 385-4621 (757) 385-5667 (fax) planadmn@vbgv.cm http://www.vbgv.cm/pc 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.
APPLICANT'S INFORMATION AND INSTRUCTIONS (KEEP FOR YOUR REFERENCE) ELIGIBILITY A nncnfrmity is any use, structure, r cnditin f use which existed in cnfrmity t all applicable zning prvisins when the use/structure/cnditin f use was created but which des nt cnfrm t the current prvisins f the City Zning Ordinance. A nncnfrmity may be enlarged (increased in size), extended (increased in area), expanded (increased in magnitude), relcated n the lt, r cnverted t anther nncnfrming use nly upn a reslutin f the City Cuncil. Such a change in nncnfrmity may be apprved by City Cuncil if it feels that the prpsed change is equally apprpriate r mre apprpriate t the district than is the existing nncnfrmity. It is strngly recmmended that applicants have a pre-applicatin cnference with Current Planner prir t submittal. Please call (757) 385-4621 t make an appintment with a Planner. SUBMITTAL PROCEDURE There is n set submittal deadline fr Change f Nncnfrming Use applicatins. Once an applicatin is received, staff will review submitted applicatins t ensure all required materials and infrmatin are prvided. Within ten wrking days f submittal, the applicant will be ntified whether applicatin materials are cnsidered acceptable. If acceptable, a pstcard will be mailed t the cntact persn indicating the date the applicatin has been scheduled fr City Cuncil. If the applicatin is nt acceptable, a letter utlining the deficiencies will be sent t the applicant. When acceptable, the applicatin will be scheduled n the City Cuncil agenda apprximately six weeks frm the time the applicatin is deemed cmplete. NOTICE & POSTING 1. The applicant must pick-up and pst a sign(s), available at the Planning Department, in accrdance with the instructins prvided with this applicatin package. 2. The sign must be psted nt less than thirty (30) days prir t the City Cuncil public hearing and must remain in place until after the City Cuncil actin. 3. Pursuant t State Cde, all adjacent prperty wners will be ntified by the Planning Department via certified mail f the request. 4. 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. Nn-Cnfrming Use Applicatin Page 2 f 9 Revised 10/16/2014
APPLICANT'S INFORMATION AND INSTRUCTIONS (KEEP FOR YOUR REFERENCE) 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 City Cuncil may als defer an applicatin fr 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 is prepared fr each applicatin. Often, staff recmmends that cnditins be attached t the apprval f a request. Staff reprts are available the Friday prir t the public hearing, and applicants are encuraged t review the reprts at this time. Please feel free t cntact the Planning Department at any time if yu have questins regarding any staff recmmendatin. CITY COUNCIL PUBLIC HEARING AND CONSIDERATION The City Cuncil nrmally hears all Planning items the secnd and furth Tuesday f each mnth at 6:00 pm 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. City Cuncil hearing dates can als be cnfirmed by calling the Planning Department at (757) 385-4621. A representative f the applicant must be present at the City Cuncil public hearing. Applicants shuld give a brief presentatin and be prepared t answer any questins frm Cuncil members. The City Cuncil makes the final decisin n all applicatins. Where a change in nncnfrming use is granted, the City Cuncil may attach such cnditins and safeguards as are deemed necessary t prtect general public interest r the character f the neighbrhd, and may require a guarantee r bnd t assure cmpliance. SITE PLAN REVIEW Prir t applying fr a cmmercial building permit, the applicant must submit a final site plan t the City f Virginia Beach fr frmal site plan review and apprval. This final site plan shall be in cmpliance with cnditins and standards as set frth in the Site Plan Ordinance. Infrmatin regarding site plan review is available at the Planning Department s Develpment Services Center. Fr detailed legislatin cncerning Nncnfrming Uses, see Sectin 105 f the City Zning Ordinance. Nn-Cnfrming Use Applicatin Page 3 f 9 Revised 10/16/2014
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 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. 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 reduced rendering and/r building elevatin n letter (8.5" x 11") sized paper. 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 65-70 db DNL, the AICUZ Cmpatible Use Advisry Ntice must als be submitted. Cpies f each are available in the Planning Department. Nn-Cnfrming Use Applicatin Page 5 f 9 Revised 10/16/2014
CITY OF VIRGINIA BEACH PLANNING DEPARTMENT CURRENT PLANNING BUILDING 2 - ROOM 115 VIRGINIA BEACH, VA 23456-9040 PHONE (757) 385-4621 FAX (757) 385-5667 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
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 385-4621 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.... 5. 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
APPLICATION CONTACT INFORMATION Applicant s Name: Street Address: City/State/Zip: Telephne: Fax: E-mail: Applicant s Representative: Street Address: City/State/Zip: Telephne: Fax: E-mail: Prperty Owner s Name: Street Address: City/State/Zip: Telephne: Fax: E-mail: DESCRIPTION OF PROPERTY Lcatin (Street Lcatin and/r Address): GPIN Number(s): Land Area (in acres r square feet): City Cuncil Electin District: AICUZ Zne: 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 #: Nn-Cnfrming Use Applicatin Page 6 f 9 Revised 10/16/2014
APPLICATION DESCRIPTION OF REQUEST Describe the existing nncnfrming use, including the date it was established, and the prpsed change in detail. This descriptin shuld include any infrmatin that the applicant wishes cnsidered by staff during review. (Attach additinal pages if necessary). Nn-Cnfrming Use Applicatin Page 7 f 9 Revised 10/16/2014
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:
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
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 2.2-3101. 2 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 2.2-3101. 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
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
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
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
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