JANUARY 3, 2017 AGENDA CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
G\Nalfge
CITY COUNCIL s: yO
MAYOR WILLIAM I) VSSOMS✓R 1 / gt J - 5
4L(I MAYOR(CHIS R JONES.8 d I innJ
JESSICA P ABB011 K p:vine-Dismet 2 •
BLN✓AMIN DA46NI n,I At mince •Aa r•
ROBIilt,1A
DYER. L 1,?nille-Dvie I
BARBARA M.HGNLECose Hao Anne Durno9
SHANNON DS KANII,rge Holl ()now:3
JOHN O.MORE} Beach
ROSI:MRY WILSON.
Ar-Large Dr
JAMES
ROSEMARY WOOD.
/AMPS L Wlxm,1pmnavm-OLrnal 5 CITY HALL BUILDING
2401 COURTHOUSE DRIVE
CITY COUNCIL APPOINTEES VIRGINIA REACH, VIRGINIA 23456-8005
(WY
IVAIANAGFH DAVID I, HANSEN
PHONE/157)385-4303
(:?Y A1401WEY-MARK O.SHLVS FAA"(c/@vbg75 53669
OIY ASSESSOR- ✓ERALD D.BANAGAN E-MAIL'crycncl(1 vbgov con:
(IIY AO:DUR- LYNXINS.REMIAS
CIIY(IJiRK-N(HH HODGES FRASER.MMC
SPECIAL FORMAL SESSION
CITY COUNCIL AGENDA
January 3, 2017
MAYOR WILLIAM D. SESSOMS,JR., Presiding
2:30 Y.M.
L CALL TO ORDER—Mayor William D. Sessoms, Jr.
II. MAYOR'S READING OF CALL TO SPECIAL FORMAL SESSION
IIT. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
IV. INVOCATION: Randy Singer, Pastor, Trinity Church
V. CEREMONIAL OATH OF OFFICE: VIRGINIA BEACH CITY COUNCIL
The Honorable Leslie L. Lilley, Presiding
Judge, Virginia Beach Circuit Court
VI. ELECTION OF THE VICE MAYOR
VII. OATH OF OFFICE—Vice Mayor
VIII. MAYOR'S FORMAL SEATING OF CITY COUNCIL
IX. MAYOR and CITY COUNCIL COMMENTS
X. ADJOURNMENT
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
tH r1)&41III4VO tIfAn< A r Dts(ui W lye
/f] VdY I
ARICO IS OALC H) d . J 4a
uNl[ nNn n 'Ae I n I •
lI NI IdlIIN 114 UJ IrLnitri A V 1/I`
ROB;RI (
At D1I2 Oe- ) I $$
91NNAIL II IOVI) l ma Ovi% '4t' `
0,Th hIN .
li /lull 'hilt-so3 J
IOHN 1)MOS', ! hug
I011M1 I1,lf!IOY Bukh
FOSLMAN1Iti010 Iv A(-Laige
ge
✓nba:N 1. Irou(1. .mnrnowrrn3vmi s CITY HALL BUILDING
CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE
C(]Y ALINAUIi/? JAAf%CK SPORE IIXGINIA BEA(II I IRG11IA 234569005
(II II 10104 MARK I)6m,LLf CITY COUNCIL AGENDA PuaNl_(757)3x5-1303
1)7/ A,antsnu ✓ettmm�.nmm�cA,v E.4 k (751)3x5-5669
(OI A110/lOR I YAIx)N,(Itl MIAS F- 11411:(6Hi(It(vbgov corn
(1v(11)(K 1(0 11111(11)(111 1 IL111R Hall( JANUARY 3, 2017
MAYOR WILLIAM D. SESSOMS,JR.
PRESIDING
I. CITY MANAGER BRIEFINGS - Conference Room - 3:00 PM
A. VDOT REVENUE SHARING
Phil Pullen, Manager—Transportation-Public Works
B. POLICE BODY CAMERA POLICY
Chief James A. Cervera
C. HURRICANE MATTHEW—After Action Report
Erin Sutton, Deputy—Emergency Management Coordinator
D. I IURD'S COVE NAVIGATION—Update
Dan Adams—Public Works
Rebecca Kubin, Deputy City Attorney
E. PLANNING ITEMS —Pending
Carolyn Smith, Planning Administrator
II. CITY COUNCIL LIAISON REPORTS
III. CITY COUNCIL COMMENTS
IV. CITY COUNCIL AGENDA REVIEW
V. INFORMAL SESSION - Conference Room - 4:45 PM
A. CALL TO ORDER— Mayor William D. Sessoms, Jr.
B. CITY COUNCIL ROLL CALL
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION - City Council Chamber- 6:00 PM
A. CALL TO ORDER—Mayor William D. Sessoms, Jr.
B. INVOCATION: Reverend Lynn Hardaway, DD
Pastor
Blackwater Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL and FORMAL SESSIONS December 13, 2016
G. FORMAL SESSION AGENDA
1. CONSENT AGENDA
H. PUBLIC HEARING
1. AGRICULTURAL PRESERVE AGREEMENT (ARP)
West Landing Road
I. ORDINANCE/RESOLUTIONS
1. Resolution to GRANT an additional extension for compliance to United States Management, LLC
(USM)re a loan commitment for the Arena development
2. Resolution to EXTEND the Cable Franchise Agreement with Verizon Virginia, Inc.
3. Ordinance to AUTHORIZE acquisition of an Agricultural Land Preservation (ARP) easement from
GIN-PHIL, LLC at 2500 West Landing Road
DISTRICT 7—PRINCESS ANNE
J. PLANNING
1. SHANNON DUPRE/DUPRE INC., RI HUANG A. and RI CAN ZHENG and HUI LIN CHEN
for a Conditional Use Permit re a Tattoo Parlor at 1801 Pleasure House Road
DISTRICT 4—BAYSIDE
RECOMMENDATION: APPROVAL
K.APPOINTMENTS
HEALTH SERVICES ADVISORY BOARD
HISTORIC PRESERVATION COMMISSION
PERSONNEL BOARD
PLANNING COUNCIL
RESORT ADVISORY COMMISSION
TOWING ADVISORY BOARD
TRANSITION AREA INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION - VBDC
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N.ADJOURNMENT
************a********a*******
PUBLIC COMMENT
Non-Agenda Items
Each Speaker will be allowed 3 minutes
and each subject is limited to 3 Speakers
**********************************
CITY COUNCIL WINTER RETREAT
Economic Development Conference Room
Suite 700
4525 Main Street, Town Center
February 13-14, 2017
8:30 AM to 4:30 PM
I/3/17/st
I. CITY MANAGER BRIEFINGS - Conference Room - 3:00 PM
A. VDOT REVENUE SHARING
Phil Pullen, Manager—Transportation-Public Works
B. POLICE BODY CAMERA POLICY
Chief James A. Cervera
C. HURRICANE MATTHEW —After Action Report
Erin Sutton. Deputy—Emergency Management Coordinator
D. HURD'S COVE NAVIGATION—Update
Dan Adams—Public Works
Rebecca Kubin, Deputy City Attorney
E. PLANNING ITEMS — Pending
Carolyn Smith, Planning Administrator
II. CITY COUNCIL LIAISON REPORTS
III. CITY COUNCIL COMMENTS
IV. CITY COUNCIL AGENDA REVIEW
V. INFORMAL SESSION - Conference Room - 4:45 PM
A. CALL TO ORDER—Mayor William D. Sessoms. Jr.
B. CITY COUNCIL ROLL CALL
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION - City Council Chamber- 6:00 PM
A. CALL TO ORDER—Mayor William D. Sessoms, Jr.
B. INVOCATION: Reverend Lynn Hardaway. DD
Pastor
Blackwater Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL and FORMAL SESSIONS December 13, 2016
G. FORMAL SESSION AGENDA
1. CONSENT AGENDA
II. PUBLIC HEARING
1. AGRICULTURAL PRESERVE AGREEMENT (ARP)
West Landing Road
•
NOTICE OF PUBLIC HEARING
ON THE EXECUTION AND DE-
LIVERY OF AN INSTALLMENT
PURCHASE AGREEMENT FOR
THEACOUISITION OF DEVEL-
OPMENT RIGHTS ON CERTAIN
PROPERTY BY THE CITY OF
VIRGINIA BEACH,VIRGINIA
Notre If hueoy€^en thal the Gy Coun-
cil or the alr or Vntinia Beachvhgnm_
will hold a public hearing with respect to
the execution and deli.e,r or lnecmmrn
Purchase Agreement or the uyuivitiuu or
an alw,al mw pruseisation
rah respectn 71 08 acresof throned
,n the 13agllcwk ofweending Road in
the G,r or Virginia Ream. Vilig11113
par 41114111 ill andirarae No SPIV. as
puled.known ay the AgeulrwW I.ands
Pre n Ordinancewhich esnMishe
an e private lur the
apiculture'
poll or,he City de aicvl to
ILO tprn and encourage,he moose
lion or lw,adand th pre.se ye open apace!
and the:wren total cli:nacte,.In conserve
dna mol wimb fe111111W le
scathes no'educe and defer the need tilt
Intra in,pn+ and
rlie�texpcndlwre ut public hinds rot such
moot and lel alm(n,e
rhe cleat radia and timing
ie,y dwtlopnre match a will
he pair hated pnr ,ln.ralen
PUNd,ave Ari oil lhotr ,atedm
m purchase puceorb 1222 'rxe
ctrl obnaa o Mr the Niihau.pad
unite]the Installment Pwrnme kgreenuni
If egv, ml otilmatton lir me CLa and the
full faith and c edit and the unhn iled tax-
ing power of the Cir will lie too mel lr
pledged to the punctual moment of me
pmeeo¢puce
and the i, u on the -
paid puncilnlhahncrolthepw:ham pace
as and when the sespe , v halm.
clue and rnrahlc. Tnhe oohed heamm.
which may heued adjourned
will Ice held Its the Cia
lily Council an lana-
vr].20p 311.6111p oltheebCan-
al rhamhox located nun the 2nd num of
the lny Hall Bnlld,ug.2101 Cuwlhause
Unve. V6Finia &dal Angola Any
pend and in thislift
pear acid h ie:id.CR Y 00 VtlUilNIA
131AC11_VlRClNJA
Ruth Hodges Fraser MMC
Lay C1eik
I. ORDINANCE/RESOLUTIONS
1. Resolution to GRANT an additional extension for compliance to United States Management, LLC
(USM)re a loan commitment for the Arena development
2. Resolution to EXTEND the Cable Franchise Agreement with Verizon Virginia, Inc.
3. Ordinance to AUTHORIZE acquisition of an Agricultural Land Preservation(ARP) easement from
GIN-PHIL,LLC at 2500 West Landing Road
DISTRICT 7—PRINCESS ANNE
. ,„
l. l
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Resolution Granting an Additional Extension to Obtain a Loan Commitment for
the Arena
MEETING DATE: January 3, 2017
■ Background: The development of an entertainment and sports arena in the resort
area of the City has been a long term goal of the City Council. On May 27, 2014,
City Council adopted a resolution directing staff to proceed with negotiations with
United States Management, LLC, and its affiliates ("USM") to attempt to develop an
acceptable term sheet for the construction and operation of a privately funded arena
(the "Arena").
City staff and representatives of USM worked to develop a non-binding term sheet
for the construction and operation of the Arena on 5.8 acres of City-owned property
adjacent to the Virginia Beach Convention Center (the "Arena Term Sheet").
On December 9, 2014, by Resolution RES-03707, City Council adopted a
Resolution approving the Arena Term Sheet and authorizing the development of
definitive project documents (the "Project Documents").
On December 8, 2015, by Resolution RES-03760 (the "Approval Resolution"), City
Council adopted a Resolution approving (i) the execution of the Project Documents
and (ii) authorizing the transfer (the "Transfer") of approximately 5.8 acres of land
(the "Project Land") to the City of Virginia Beach Development Authority (the
"Authority") on the terms set forth in the Project Documents.
As contemplated by the Approval Resolution, the parties executed a development
agreement (the "Development Agreement") on December 11, 2015. The
Development Agreement required that USM obtain a loan to finance its obligations
for the development of the Arena in the principal amount of approximately $170M
and that USM would also contribute $40M in equity to the completion of the Arena.
The Development Agreement contains a deadline for USM to obtain a loan
commitment for the financing of the Arena (the "Loan Commitment Deadline"). The
original Loan Commitment Deadline was September 9, 2016.
In June of 2016, USM approached the City with a new plan of finance. This new plan
involved the issuance of approximately $240M in taxable bonds to finance the entire
cost of construction of the Arena with USM contributing limited equity (the "Bond
Structure").
On July 12, 2016, by Resolution RES-03799, City Council adopted a resolution
endorsing the Bond Structure, on certain conditions, and extending the Loan
Commitment Deadline to November 8, 2016 (the "Endorsement Resolution").
On October 4, 2016, City Council declined to adopt a resolution approving the Bond
Structure and reauthorizing the Transfer on new terms. Since that date, USM has
continued working on variations of the Bond Structure and pursuing other avenues
of financing.
Anticipating it would not comply with the deadline, USM requested that the City
extend the Loan Commitment Deadline by 60 days. On November 1, 2016, by
Resolution RES-03824, City Council adopted a resolution extending the deadline to
January 7, 2017.
On December 19, 2016, representatives of USM met with representatives of the City
and disclosed that USM is working on a traditional financing model for the
construction of the Arena. USM represented that while it is making progress, it would
need a further extension of the Loan Commitment Deadline (the "Extension").
Approval of the Transfer required approval of a supermajority of City Council (9 of
11) because, in part, it authorized the transfer of City-owned land acquired by
condemnation. As the Extension does not re-authorize or amend the terms of the
Transfer (as was contemplated by the October 4, 2016 Resolution), only a simple
majority of Councilmembers present is necessary for approval.
• Considerations: USM has represented to the City that it is pursuing financing on
terms and conditions that could be acceptable to City Council. Given the complexity
of the project, an additional 60-day extension is a reasonable amount of time to give
USM an opportunity to satisfy its obligations under the Development Agreement.
Other than the Loan Commitment Deadline, no other deadlines under the
Development Agreement are being extended.
• Information: Advertisement of City Council Agenda.
• Alternatives: Approve the Resolution as presented, approve with modifications, or
do not approve the Resolution.
• Attachments: Resolution, Disclosure Statement
Recommended Action: Approval
Submitting D- • .rtm- . ..gency: City Manager lk ��y
City Manager:: oh
111110.0
1 RESOLUTION GRANTING AN ADDITIONAL
2 EXTENSION TO OBTAIN A LOAN COMMITMENT
3 FOR THE ARENA
4
5 WHEREAS, on behalf of the City of Virginia Beach (the "City"), the City Manager
6 and City staff have engaged in extensive negotiations with representatives of United
7 States Management, LLC, and its affiliates (collectively "USM"), regarding the
8 development of an arena on City-owned property adjacent to the Virginia Beach
9 Convention Center (the "Arena");
10
11 WHEREAS, City staff and representatives of USM developed a non-binding term
12 sheet for the construction and operation of the Arena (the "Arena Term Sheet").
13
14 WHEREAS, on December 9, 2014, by Resolution RES-03707, the City Council of
15 the City of Virginia Beach (the "City Council") approved the Arena Term Sheet dated
16 November 25, 2014 and authorized the development of definitive project documents
17 (the "Project Documents");
18
19 WHEREAS, the Arena Term Sheet reflected the understanding of the City
20 Council and USM as to the terms and conditions for the development of the Arena and
21 served as a basis for the definitive, binding documents between the parties;
22
23 WHEREAS, on December 8, 2015, by Resolution RES-03760 (the "Approval
24 Resolution"), City Council adopted a Resolution approving (i) the execution of the
25 Project Documents, and (ii) conditionally authorizing the transfer of approximately 5.8
26 acres of land (the "Project Land") to the City of Virginia Beach Development Authority
27 (the "Authority") on the terms set forth in the Project Documents.
28
29 WHEREAS, the parties executed a Development Agreement dated December
30 11, 2015, with a form of the remaining Project Documents attached thereto as exhibits
31 (the "Development Agreement");
32
33 WHEREAS, the Project Documents contemplated that USM would obtain a loan
34 to finance its obligations for the development of the Arena from a foreign lender in the
35 principal amount of approximately $170M, and that USM would also contribute $40M in
36 equity to the completion of the Arena (the "Financing").
37
38 WHEREAS, the Development Agreement contains a deadline for USM to deliver
39 to the City a loan commitment letter from an institutional investor to finance the Arena
40 ("Loan Commitment Deadline");
41
42 WHEREAS, if the Loan Commitment Deadline is not met by USM, the City would
43 have the right to terminate the Development Agreement by giving written notice to USM;
44
45 WHEREAS, the original Loan Commitment Deadline as set forth in the
46 Development Agreement was September 9, 2016, subject to two 30-day extensions
47 WHEREAS, on July 12, 2016 City Council adopted RES-03799 which endorsed
48 a proposed change to the financing structure proposed by USM and also extended the
49 Loan Commitment Deadline to November 8, 2016 (the "Endorsement Resolution");
50
51 WHEREAS, USM has continued to work to satisfy the Loan Commitment
52 requirement, but was unable to meet the November 8, 2016 Loan Commitment
53 Deadline;
54
55 WHEREAS, on November 4, 2016, by RES-03824, City Council extended the
56 deadline to January 7, 2017;
57
58 WHEREAS, USM has requested an additional 60-day extension to meet the
59 Loan Commitment Deadline;
60
61 WHEREAS, USM is not seeking an extension of any other deadline in the
62 Development Agreement, accordingly, (i) the deadline for closing on the Financing (the
63 "Loan Closing") will be not later than September 7, 2017 (eight months after the current
64 Loan Commitment Deadline), and (ii) the deadline for commencing construction remains
65 ten months after Loan Closing, and (iii) the deadline for completing the Arena remains
66 October 1, 2019; with all such deadlines subject to extension as provided for in the
67 Development Agreement; and
68
69 WHEREAS, City Council is of the opinion that allowing USM additional time to
70 provide the Loan Commitment contemplated in the Development Agreement is in the
71 public interest.
72
73 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
74 OF VIRGINIA BEACH, VIRGINIA:
75
76 1. The Loan Commitment Deadline is hereby extended to March 8, 2017.
77
78 2. The City Manager is hereby authorized to execute such documents as are
79 necessary to document this extension in a form deemed satisfactory by the City
80 Attorney.
81
82 Adopted by the Council of the City of Virginia Beach, Virginia, on the day
83 of , 2016.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
% - SUFFICIENCY:
City Manager City Attorney
CA13859
hgov c ,n1DI161,AVpI i n,lom4ny 1. Pod'rycomB•W pdoc,Do29poZ1106P9166 pma
R-1
December 21, 2016
Virginia Beach
APPLICANT'S NAME United States Management, LLC
DISCLOSURE STATEMENT FORM
The completion and submission of this form is required for all applications
that pertain to City real estate matters or to the development and/or use of
property in the City of Virginia Beach requiring action by the City Council or
a board, commission, or other body appointed by the City Council. Such
applications and matters include, but are not limited to, the following:
Acquisition of Property Disposition of City Modification of
by City Property Conditions or Proffers
Alternative Economic Development Nonconforming Use
•
Compliance, Special Investment Program
Exception for (EDIP) Changes
Board of Zoning Encroachment Request Rezoning
Appeals
Certificate of Floodplain Variance
Appropriateness Street Closure
(Historic Review Board) Franchise Agreement
Chesapeake Bay
Preservation Area Lease of City Property Subdivision Variance
Board
Conditional Use Permit License Agreement Wetlands Board
4
•
The disclosures contained in this form are necessary to inform
public officials who may vote on the application as to whether
they have a conflict of interest under Virginia law,
• SECTION 1 / APPLICANT DISCLOSURE
FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7
Planning Commission and City Council meeting that pertains to the application(s).
▪ APPLICANT NOTIFIED OF HEARING DATE:
▪ NO CHANGES AS OF DATE:
El REVISIONS SUBMITTED DATE:
r
ay
Virginia Beach
Check here if the APPLICANT IS NOT a corporation, partnership, firm,
business, or other unincorporated organization.
Ill Check here if the APPLICANT IS a corporation, partnership, firm, business, or
other unincorporated organization.
(A) List the Applicant's name: United States Management, LLC
If an LLC, list all member's names:
See Attached.
If a CORPORATION, list the the names of all officers, directors, members,
trustees, etc. below: (Attach list if necessary)
(B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2
relationship with the Applicant: (Attach list if necessary)
USM is a member of The ESG Companies family of companies and has no other
subsidiary relationships.
See next page for information pertaining to footnotesI and 2
•
• SECTION 2 / PROPERTY OWNER DISCLOSURE
Complete Section 2 only if property owner is different from Applicant.
N Check here if the PROPERTY OWNER IS NOTa corporation, partnership, firm,
business, or other unincorporated organization.
n Check here if the PROPERTY OWNER IS a corporation, partnership, firm,
business, or other unincorporated organization, AND THEN, complete the
following.
(A) List the Property Owner's name:City of Virginia Beach
If an LLC, list the member's
names:
Page 2 of 7
Virginia Beach
If a Corporation, list the names ofall officers, directors, members, trustees,
etc. below: (Attach list if necessary)
(B) List the businesses that have a parent-subsidiary 1 or affiliated business entity
2 relationship with the Property Owner: (Attach list if necessary)
1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or
indirectly owns shares possessing more than 50 percent of the voting power of another corporation?
See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101.
2 "Affiliated business entityrelationshi ° means "a relationship, other than
parent-subsidiary
relationship, that exists when 0) one business entity has a controlling ownership interest in the other
business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or
(Hi) there is shared management or control between the business entities. Factors that should be
considered in determining the existence of an affiliated business entity relationship include that the
same person or substantially the same person own or manage the two entities; there are common or
commingled funds or assets; the business entities share the use of the same offices or employees or
otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close
working relationship between the entities° See State and Local Government Conflict of Interests Act,
Va. Code § 2.2-3101.
4
SECTION 3. SERVICES DISCLOSURE
Are any of the following services being provided in connection with the subject of the
application or any business operating or to be operated on the Property. If the answer
to any item is YES, please identify the firm or individual providing the service: IF THE
OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION
SEPERATELY
Page 3 of 7
APPLICANT Virginia Beach
YES NO SERVICE PROVIDER (use additional sheets if
needed)
Accounting and/or preparer of See Attached.
your tax return
❑X li Architect/ Landscape Architect/ See Attached.
I I Land Planner
Contract Purchaser(if other than
X the Applicant) - identify purchaser
and purchasers service providers
Any other pending or proposed
❑ �/ purchaser of the subject property
(identify purchaser(s)and
purchaser's service providers)
n ❑ Construction Contractors See Attached.
EUEngineers / Surveyors/Agents See Attached.
Financing (include current See Attached.
X❑ ❑ mortgage holders and lenders
selected or being considered to
provide financing for acquisition
or construction of the property)
XI ❑ Legal Services See Attached.
Real Estate Brokers / None.
n111 Agents/Realtors for current and
anticipated future sales of the
subject property
•
' SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR
EMPLOYEE
YES NO Does an official or employee of the City of Virginia Beach have
z an interest in the subject land or any proposed development
contingent on the subject public action?
If yes, what is the name of the official or employee and what is the nature of the
interest?
Page 4 of 7
XB
Virginia Beach
CERTIFICATION:
I certify that all of the information contained in this Disclosure Statement Form is
complete, true, and accurate.
I understand that, upon receipt of notification that the application has been
scheduled for public hearing, I am responsible for updating the information
provided herein two weeks prior to the Planning Commission, Council, VEDA
meeti .r meetingy public body or committee in connection with this
App cation.
etLasto
{APPLICANT'S SIGNATURE PRINT NAME — DATE
Page 5 of 7
OWNER Virginia Beach
YES NO SERVICE PROVIDER (use additional sheets if
needed)
Accounting and/or preparer of
—
your tax return
inArchitect/ Landscape Architect/
Land Planner
❑ Contract Purchaser(if other than
the Applicant)- identify purchaser
and purchaser's service providers
Any other pending or proposed
❑ ❑ purchaser of the subject property
(identify purchaser(s) and
purchasers service providers)
Construction Contractors
▪ nEngineers/ Surveyors/Agents
Financing (include current
D ❑ mortgage holders and lenders
selected or being considered to
provide financing for acquisition
or construction of the property)
LLegal Services
Real Estate Brokers /
• n Agents/Realtors for current and
anticipated future sales of the
subject property
• o
SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR
EMPLOYEE
YES NO Does an official or employee of the City of Virginia Beach have
❑ ❑ an interest in the subject land or any proposed development
contingent on the subject public action?
If yes, what is the name of the official or employee and what is the nature of the
interest?
Page 6 of 7
lB
Virginia Beach
CERTIFICATION:
I certify that all of the information contained in this Disclosure Statement Form is
complete,true, and accurate.
I understand that, upon receipt of notification that the application has been
scheduled for public hearing, I am responsible for updating the information
provided herein two weeks prior to the Planning Commission, Council, VBDA
meeting, or meeting of any public body or committee in connection with this
Application.
PROPERTY OWNER'S SIGNATURE PRINT NAME DATE
Page 7 of 7
OUSA4
United States Man
September 26,2016
Attachments
United States Management,LLC(USM)
Virginia Beach Arena
Disclosure Statement Form
1. Applicant Disclosure
A. USM Manager, LLC(100%)
Key USM Officers:
a. Edward S.Garcia,Chairman*
b. Andrea M. Kilmer, President and CEO
c. Michael F. Gelardi,Vice President
d. Joseph E.Gelardi,Vice President
e. Joshua D. Kellam,Vice President
f. Valerie L.Wilkinson,CFO
g. Brittany M.Jeffries,Assistant Secretary and Treasurer\
*Denotes controlling member
2. Services Disclosure
The Virginia Beach Arena Project Team composition is listed below. An individual contract has
been finalized with S.B.Ballard Construction Company.This list is by no means comprehensive,as
USM intends to make reasonable efforts to utilize SWAM and minority businesses in support of
City of Virginia Beach goals and any such contracts may not be negotiated until modifications to
the final development agreement have been approved.
A. Accounting Firm: E. Attorney/Legal Services
Wall, Einhorn&Chernitzer, P.C. Greenberg Traurig,LLP
Wilks,Alper&Harwood,P.C.
B. Architect& Engineers: McGuireWoods
Clark Nexsen Kaufman&Canoles
AECOM
C. Construction Firm:
S.B. Ballard Construction
Company
D. Source of Financing:
B.C.Ziegler, Investment Bank
Page 1 of 1
United States Management,LLC•3333-24 Virginia Beach Blvd. •Virginia Beach,Virginia 23452
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution Extending the Cable Franchise Agreement with Verizon
Virginia, Inc. Until the Earlier of June 20, 2017 or the Date on Which the
Franchise Agreement is Renewed
MEETING DATE: January 3, 2017
• Background: On May 9, 2014 Verizon Virginia, Inc. ("Verizon") provided the
City notice of its intent to commence formal renewal proceedings of its fiber optic
cable television ("Fios") franchise (the "Cable Franchise") under Section 626 of
the Communications Act. Under federal law, a local franchising authority such as
the City may undertake to identify the community's future cable-related needs
and interests and to review the performance of the cable operator. The City has
engaged the services of an outside consultant to perform a needs assessment,
which is not expected to be completed until February 2017. Since the Cable
Franchise expired on December 22, 2016, Verizon proposed that the parties
agree to extend the period for negotiating a renewal agreement ("Franchise
Renewal") and that the current Cable Franchise shall remain in full force and
effect for a period of 180 days, or until a Franchise Renewal is executed,
whichever is earlier.
• Considerations: The City granted the initial Cable Franchise in 2006, when Fios
technology first became available in the City. Over the past 10 years, much has
changed regarding this technology and its availability throughout the City, and
this extension will allow City staff to fully assess the needs of residents as
identified in the consultant's report in order to better negotiate the terms of the
Franchise Renewal. This Resolution will authorize the City Manager to execute
an extension of the Cable Franchise so that Verizon can continue to provide
cable services within the City until the Franchise Renewal is complete.
• Public Information: Advertisement of City Council Agenda
• Alternatives: Approve extension as presented, change terms of the extension
or deny extension of the franchise.
• Recommendation: Approval
• Attachments: Disclosure Statement
Resolution
Extension Letter
Recommended Action: Approval
Submitting Department/Agency: Information Technology
City Manager:
1 A RESOLUTION EXTENDING THE CABLE FRANCHISE
2 AGREEMENT WITH VERIZON VIRGINIA, INC. UNTIL THE
3 EARLIER OF JUNE 20, 2017 OR THE DATE ON WHICH
4 THE FRANCHISE AGREEMENT IS RENEWED
5
6 WHEREAS, the City's current cable television franchise agreement with Verizon
7 Virginia, Inc. ("Verizon") expired on December 22, 2016 (the "Franchise");
8
9 WHEREAS, the City has been conducting a public needs assessment
10 concerning the renewal of the Franchise and has been engaged with Verizon in
11 negotiations to that end;
12
13 WHEREAS, the said needs assessment and negotiations could not be concluded
14 prior to the expiration date of the Franchise;
15
16 WHEREAS, Verizon has requested a 180-day extension of the Franchise to the
17 earlier of June 20, 2017 or the date on which the Franchise is renewed, under the same
18 terms and conditions set forth in the Franchise; and
19
20 WHEREAS, the requested extension will not affect Verizon's customers, except
21 to allow them to continue to receive cable/fiber optic cable television (fiosTV) service
22 from Verizon;
23
24 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
25 OF VIRGINIA BEACH, VIRGINIA:
26
27 That the City Manager is hereby authorized and directed to execute on behalf of
28 the City, any and all documents extending the current cable television franchise
29 agreement with Verizon Virginia, Inc. to the earlier of June 20, 2017 or the date on
30 which the Franchise is renewed, and including such other terms, conditions or
31 modifications, as may be acceptable to the City Manager and in a form deemed
32 satisfactory by the City Attorney.
33
34 Adopted by the Council of the City of Virginia Beach, Virginia on the day of
35 , 2017.
APPROVED AS TO CONTENT APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
Information echnology City Attorney
CA13856
R-1
December 21, 2016
KHP
Kerbey Harrington Pinkard LLP
Debra M. Bryan
Associate City Attorney
Virginia Beach City Attorneys Office
2473 N. Landing Road, Building 23
Virginia Beach, VA 23456
Re: Renewal of Verizon Cable Television License
Dear Ms. Bryan:
As discussed on our call on December I, 2016, the City of Virginia Beach ("City") and
Verizon Virginia Inc. ("Verizon")are commencing negotiations concerning renewal of the Cable
Franchise Agreement that became effective on December 22, 2006, which governs the provision
by Verizon of Cable Service in the City. Although the parties fully expect to reach agreement on
a renewal, they do not anticipate at this time that they will conclude their negotiations and
finalize a Renewal Agreement by the termination date of the current Cable Franchise Agreement,
which is December 22, 2016. Accordingly, Verizon proposes that the parties agree to extend the
period for negotiating a renewal Agreement, and that the current Agreement shall remain in full
force and effect for a period of 180 days,or until an earlier date pursuant to a finalized Renewal
Agreement. We believe this should be sufficient time to conclude our negotiations and enter into
a Renewal Agreement.
Verizon looks forward to concluding our discussions expeditiously and continuing to
serve the residents of Virginia Beach with its Cable Service.
Sincerely..
2
shua Grubman,Esq.
% Counsel for Verizon Virginia Inc.
Accepted by:
City of Virginia Beach, Virginia
One Beacon St.25"'Floor Boston,MA 02108
Tel 617 788 3141
1807 Belmont Road NW Suite 207 Washington,DC 20009
Tel:202 265 1276
DISCLOSURE STATEMENT FORM
The completion and submission of this form is required for all applications
that pertain to City real estate matters or to the development and/or use of
property in the City of Virginia Beach requiring action by the City Council or
a board, commission, or other body appointed by the City Council. Such
applications and matters include, but are not limited to, the following:
Acquisition of Property Disposition of City Modification of
by City Property Conditions or Proffers
Alternative Economic Development Nonconforming Use
Compliance, Special Investment Program Changes
Exception for (EDIP) _
Board of Zoning Encroachment Request Rezoning
Appeals
Certificate of Floodplain Variance
Appropriateness Street Closure
(Historic Review Board) Franchise Agreement
Chesapeake Bay
Preservation Area Lease of City Property Subdivision Variance
Board
Conditional Use Permit License Agreement Wetlands Board
The disclosures contained in this form are necessary to inform
public officials who may vote on the application as to whether
they have a conflict of interest under Virginia law.
• •
SECTION 1 / APPLICANT DISCLOSURE
❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm,
business, or other unincorporated organization.
® Check here if the APPLICANT IS a corporation, partnership, firm, business, or
Page 1 of 4
Par rinq Comm toic- an: Counci mectirto that pritaine t tFo cat
�. GPP_-.C.AN. NO-.ic;ED OF HEARINC 1 DAT'.
NO CHANCES AS OE DATE
other unincorporated organization, AND THEN complete the following.
(A) List the Applicant's name followed by the names of all officers, directors,
members, trustees, partners, etc. below: (Attach list if necessary)
Verizon Virginia LLC
(B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2
relationship with the Applicant: (Attach list if necessary)
Verizon Virginia LLC is wholly-owned by Verizon Communications Inc.
See next page for information pertaining to footnotest and 2
• '
SECTION 2 / PROPERTY OWNER DISCLOSURE
Complete Section 2 only if property owner is different from Applicant.
❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm,
business, or other unincorporated organization.
❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm,
business, or other unincorporated organization, AND THEN complete the
following.
(A) List the Property Owner's name followed by the names of all officers, directors,
members, trustees, partners, etc. below: (Attach list if necessary)
(B) List the businesses that have a parent-subsidiary r or affiliated business entity
2 relationship with the Property Owner: (Attach list if necessary)
The disclosures contained in this form are necessary to inform public Page 2 of 4
officials who may vote on the application as to whether they have a conflict
of interest under Virginia law.
"Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or
indirectly owns shares possessing more than 50 percent of the voting power of another corporation."
See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary
relationship, that exists when 0) one business entity has a controlling ownership interest in the other
business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or
(iii) there is shared management or control between the business entities. Factors that should be
considered in determining the existence of an affiliated business entity relationship include that the
same person or substantially the same person own or manage the two entities; there are common or
commingled funds or assets; the business entities share the use of the same offices or employees or
otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close
working relationship between the entities." See State and Local Government Conflict of Interests Act,
Va. Code § 2.2-3101
• '
SECTION 3. SERVICES DISCLOSURE
Are any of the following services being provided in connection with the subject of the
application or any business operating or to be operated on the Property. If the answer
to any item is YES, please identify the firm or individual providing the service:
YES NO SERVICE PROVIDER (use additional sheets if
needed)
Accounting and/or preparer of
your tax return
• ® Architect / Landscape Architect /
Land Planner
Contract Purchaser(if other than
❑ ® the Applicant) - identify purchaser
and purchaser's service providers
Any other pending or proposed
purchaser of the subject property
(identify purchaser(s) and
purchaser's service providers)
® Construction Contractors
Engineers / Surveyors
The disclosures contained in this form are necessary to inform public Page 3 of 4
officials who may vote on the application as to whether they have a conflict
of interest under Virginia law.
V13
(sinhs Beach
•
Financing (include current
❑ ® mortgage holders and lenders
selected or being considered to
provide financing for acquisition
or construction of the property)
® ❑ Legal Services Kerbey Hartington Pinkard LLP _
Real Estate Brokers / Agents for
❑ ® current and anticipated future
sales of the subject property
SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR
EMPLOYEE
YES NO I Does an official or employee of the City of Virginia Beach have
❑ ® an Interest in the subject land or any proposed development
contingent on the subject public action?
If yes, what is the name of the official or employee and what is the nature of the
interest? NSA
CERTIFICATION:
I certify that all of the information contained in this Disclosure Statement Form Is
complete, true, and accurate.
I understand that, upon receipt of notification that the application has been
scheduled for public hearing, I am responsible for updating the information provided
herein two weeks prior to the Planning Commission, Council, VBDA meeting, or
meetin. . .n • b dy or committee in connection with this Application.
Joshua Grubman, Esq. /y/21/4
''POGANT'S SIGNATURE PRINT NAME DATE
PROPERTY OWNER'S SIGNATURE PRINT NAME I DATE
The disclosures contained in this form are necessary to inform public Page 4 of 4
officials who may vote on the application as to whether they have a conflict
of interest under Virginia law.
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance Authorizing 1) the Acquisition of an Agricultural Land
Preservation Easement from Gin-Phil, L.L.C. (71.08+/- Acres), 2) the Issuance
by the City of its Contract Obligations in the Maximum Principal Amount of
$1,222,576 and 3) Transfer of Funds to Purchase U.S. Treasury STRIPS
MEETING DATE: January 3, 2017
• Background: In May 1995, the Agricultural Lands Preservation Ordinance (the
"Ordinance") was adopted by the City Council for the purpose of promoting and
encouraging the preservation of farmland in the rural southern portion of the City.
Under the Agricultural Reserve Program established by the Ordinance, the City
purchases the development rights of eligible parcels of land, leaving the fee simple
ownership of the land unchanged. These purchases are embodied by perpetual
agricultural land preservation easements pursuant to which only agricultural uses, as
defined in the Ordinance, are allowed on the land.
The subject property has been appraised by an independent appraiser retained by the
City. The appraiser has determined the fair market value of the property, based upon
seven (7) comparable sales. From the fair market value, the value of the development
rights has been determined by subtracting $1,800 per acre, which has previously been
established as the farm value (i.e., value of the land restricted to agricultural uses) for
land throughout the southern rural area of the City. The resulting amount is the value of
the development rights of the property.
All offers by the City to purchase the development rights of property are expressly made
contingent upon the absence of any title defects or other conditions which, in the
opinion of the City Attorney, may adversely affect the City' s interests, and other
standard contingencies.
• Considerations: The subject property consists of three (3) parcels of land
having approximately 71.08 acres outside of marshland or swampland. It is owned by
Gin-Phil, L.L.C., a Virginia limited liability company. Under current development
regulations, there is a total development potential of eight (8) single-family dwelling
building sites, and zero (0) have been reserved for future development. The parcels,
which are shown on the attached Location Map, are located in the 2500 block of West
Landing Road (GPINs: 2402-00-1661, 2402-00-5906 and 2402-10-3602) in the District
of Princess Anne. The proposed purchase price, as stated in the ordinance, is
$1,222,576. This price is the equivalent of approximately $17,200 per acre.
The terms of the proposed acquisition are that the City would pay interest only for a
period of 25 years, with the principal amount being due and payable 25 years from the
date of closing. The interest rate to be paid by the City will be the greater of 2.34% per
annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS
purchased by the City to fund its principal obligation under the Installment Purchase
Agreement, not to exceed 4.34% without the further approval of the City Council.
The ordinance authorizes the transfer of the amount needed to purchase the U.S.
Treasury STRIPS from the Agriculture Reserve Program Special Revenue Fund to the
General Debt Fund. Presently, the cost of the U.S. Treasury STRIPS for these
properties is estimated at $550,160.
The proposed terms and conditions of the purchase of the development rights pursuant
to the Installment Purchase Agreement, including the purchase price and manner of
payment, are fair and reasonable and in furtherance of the purposes of the Ordinance.
• Public Information: Notice of Public Hearing has been advertised by publication
in a newspaper having general circulation in the City once per week for two successive
weeks.
• Alternatives: The City Council may decline to purchase the development rights
to the property.
• Recommendations: Adoption of the ordinance and acquisition of the
development rights, assuming all contingencies are met.
• Attachments: Ordinance
Summary of Terms of Installment Purchase Agreement
Disclosure Statement Form
Location Map
Recommended Action: Adoption
Submitting Department/Agency: Agriculture Department AO
City Manager: /t^
1 AN ORDINANCE AUTHORIZING 1) THE ACQUISITION OF
2 AN AGRICULTURAL LAND PRESERVATION EASEMENT
3 FROM GIN-PHIL, L.L.C. (71.08+/- ACRES), 2) THE
4 ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS
5 IN THE MAXIMUM PRINCIPAL AMOUNT OF $1,222,576,
6 AND 3) TRANSFER OF FUNDS TO PURCHASE U.S.
7 TREASURY STRIPS
8
9 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the
10 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been
11 presented to the City Council a request for approval of an Installment Purchase Agreement
12 (the form and standard provisions of which have been previously approved by the City
13 Council, a summary of terms of which is hereto attached, and a copy of which is on file in
14 the City Attorney's Office)for the acquisition of the Development Rights (as defined in the
15 Installment Purchase Agreement) on certain property located in the City and more fully
16 described in Exhibit B of the Installment Purchase Agreement for a purchase price of
17 $1,222,576;
18
19 WHEREAS, the aforesaid Development Rights shall be acquired through the
20 acquisition of a perpetual agricultural land preservation easement, as defined in, and in
21 compliance with, the requirements of the Ordinance; and
22
23 WHEREAS, the City Council has reviewed the proposed terms and conditions of the
24 purchase as evidenced by the Installment Purchase Agreement.
25
26 NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
27 VIRGINIA BEACH, VIRGINIA:
28
29 1. The City Council hereby determines and finds that the proposed terms and
30 conditions of the purchase of the Development Rights pursuant to the Installment Purchase
31 Agreement, including the purchase price and manner of payment, are fair and reasonable
32 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee
33 is hereby authorized to approve, upon or before the execution and delivery of the
34 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal
35 balance of the purchase price set forth hereinabove as the greater of 2.34% per annum or
36 the per annum rate which is equal to the yield on United States Treasury STRIPS
37 purchased by the City to fund such unpaid principal balance; provided, however, that such
38 rate of interest shall not exceed 4.34% unless the approval of the City Council by resolution
39 duly adopted is first obtained.
40
41 2. The City Council hereby further determines that funding is available for the
42 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on
43 the terms and conditions set forth therein.
44
45 3. The City Council hereby expressly approves the Installment Purchase
46 Agreement and, subject to the determination of the City Attorney that there are no defects
47 in title to the property or other restrictions or encumbrances thereon which may, in the
48 opinion of the City Attorney, adversely affect the City's interests, authorizes the City
49 Manager or his designee to execute and deliver the Installment Purchase Agreement in
50 substantially the same form and substance as approved hereby with such minor
51 modifications, insertions, completions or omissions which do not materially alter the
52 purchase price or manner of payment, as the City Manager or his designee shall approve.
53 The City Council further directs the City Clerk to affix the seal of the City to, and attest
54 same on, the Installment Purchase Agreement. The City Council expressly authorizes the
55 incurrence of the indebtedness represented by the issuance and delivery of the Installment
56 Purchase Agreement.
57
58 4. The City Council hereby elects to issue the indebtedness under the Charter
59 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes
60 the indebtedness a contractual obligation bearing the full faith and credit of the City.
61
62 5. The City Council hereby authorizes the transfer of $550,160 from the
63 Agricultural Reserve Program Special Revenue Fund (161) to the General Debt Fund
64 (302), and the City Manager is empowered to transfer sufficient additional funds or return
65 funds not required, within the dollar limits provided by the Annual Appropriation Ordinance,
66 to purchase the United States Treasury STRIPS as described in the Installment Purchase
67 Agreement.
68
69 Adoption requires an affirmative vote of a majority of all members of the City
70 Council.
71
72 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of
73 , 2016.
APPROVED AS TO CONTENT: APPROVED AS TO CONTENT:
Agriculture Department Budget and Management Servi s
CERTIFIED AS TO AVAILABILITY APPROVED AS TO LEGAL SUFFICIENCY:
OF FUNDS:
,I/nII/nIIl PAP Wit/ Q- imultao
Director ,o finance City Attorney's Office
CA13853
nvboov camDFs1 WpvlrcatlonslcnylawProdcycom321Wpdoa\Dol nv01500049813 Doc
R-1
December 14, 2016
2
AGRICULTURAL RESERVE PROGRAM
INSTALLMENT PURCHASE AGREEMENT NO. 2016-147
SUMMARY OF TERMS
SELLER: Gin-Phil, L.L.C., a Virginia limited liability company
PROPERTY
LOCATION: 2500 block of West Landing Road
(GPINs: 2402-00-1661, 2402-00-5906 and 2402-10-3602)
PURCHASE PRICE: $1,222,576
EASEMENT AREA: 71.08 acres, more or less
DEVELOPMENT POTENTIAL: 8 single-family dwelling sites(0 reserved by Seller)
DURATION: Perpetual
INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase
price, but not less than 2.34% (actual rate to be determined when STRIPS are purchased prior to
execution of Installment Purchase Agreement("IPA")). Rate may not exceed 4.34%without
approval of City Council.
TERMS: Interest only, twice per year for 25 years,with payment of principal due 25 years from
IPA date.
RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred(except for Estate
Settlement Transfer) for one(1)year following execution and delivery of the WA.
Cs�-,inia. B<a rl�
APPLICANT'S NAME__. ' LA
DISCLOSURE STATEMENT FORM
The completion and submission of this form is required for all applications
that pertain to City real estate matters or to the development and/or use of
property in the City of Virginia Beach requiring action by the City Council or
a board, commission, or other body appointed by the City Council. Such
applications and matters include, but are not limited to, the following:
Acquisition of Property Disposition of City I Modification of
by City Property Conditions or Proffers
Alternative Economic Development
Compliance, Special Investment Program Nonconforming Use
Changes
Exception for (EDIP)
Board of Zoning Encroachment Request Rezoning
Appeals
Certificate of Floodplain Variance
Appropriateness Street Closure
(Historic Review Board) Franchise Agreement
Chesapeake Bay
Preservation Area Lease of City Property Subdivision Variance
Board
Conditional Use Permit License Agreement Wetlands Board
The disclosures contained in this form are necessary to inform
public officials who may vote on the application as to whether
they have a conflict of interest under Virginia law.
• SECTION 1 / APPLICANT DISCLOSURE
FOR CITY USE ONLY/All distlou res nos* he owl,lel) t t meets prior to any Page 1 of 5
P i nn ;tion and Cty tC ncfl m. Inq that pe-toitr.to thio anollcattri(sl.
❑ APPLICANT NOTIFIED OF HEARING DAT`.
❑ NO CHANGES AS OF I DATE
n REVISIONS SUBMITTED DALE.
Virginia Beach
Check here if the APPLICANT IS NOT a corporation, partnership, firm,
business, or other unincorporated organization.
Check here if the APPLICANT IS a corporation, partnership, firm, business, or
other unincorporated organization.
(A) List the Applicant's name. - '- LLC
If an LLC, list all member's names:
Uv (ac v4 30s +e
0
If a CORPORATION, list the the names of all officers, directors, members,
trustees, etc. below: (Attach list if necessary)
(B) List the businesses that have a parent-subsidiary I or affiliated business entity 2
relationship with the Applicant: (Attach list if necessary)
See next page for information pertaining to footnotes] and 2
• •
SECTION 2 / PROPERTY OWNER DISCLOSURE
Complete Section 2 only if property owner is different from Applicant.
❑ Check here if the PROPERTY OWNER IS NOTa corporation, partnership, firm,
business, or other unincorporated organization.
Er Check here if the PROPERTY OWNER /S a corporation, partnership, firm,
business, or other unincorporated organization, AND THEN complete the
following.
(A) List the Property Owner's name: •4 ‘,--
If
4 ‘,-If an LLC, list the member's
names: V 12GU '- \p, as_a.
�+ts�t� UP '7'a r_l
Page 2 of 5
•
Virginia Beach
If a Corporation, list the names ofall officers, directors, members, trustees,
etc. below: (Attach list if necessary)
(B) List the businesses that have a parent-subsidiary 1 or affiliated business entity
2 relationship with the Property Owner: (Attach list if necessary)
1 "Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or
indirectly owns shares possessing more than 50 percent of the voting power of another corporation."
See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than
parent-subsidiary
relationship, that exists when (i) one business entity has a controlling ownership interest in the other
business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or
(iii) there is shared management or control between the business entities. Factors that should be
considered in determining the existence of an affiliated business entity relationship include that the
same person or substantially the same person own or manage the two entities; there are common or
commingled funds or assets; the business entities share the use of the same offices or employees or
otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close
working relationship between the entities." See State and Local Government Conflict of Interests Act,
Va. Code 4 2.2-3101.
•
•
• SECTION 3. SERVICES DISCLOSURE
Are any of the following services being provided in connection with the subiect of the
application or any business operating or to be operated on the Property. If the answer
to any item is YES, please identify the firm or individual providing the service: IF THE
OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION
SEPERATELY
Page 3 of 5
Virginia Beach
YESJ NO SERVICE PROVIDER (use additional sheets if
needed)
[J Accounting and/or preparer of
your tax return
❑ me Architect / Landscape Architect /
Land Planner
Contract Purchaser (if other than
❑ the Applicant) - identify purchaser
and purchaser's service providers
Any other pending or proposed
❑ ® purchaser of the subject property
(identify purchaser(s) and
purchaser's service providers)
❑ Ft Construction Contractors
❑ ® Engineers / Surveyors/ Agents
Financing (include current
❑ E, mortgage holders and lenders
selected or being considered to
provide financing for acquisition
r �y or construction of the property)
I I Legal Services
Real Estate Brokers /
❑ ®' Agents/Realtors for current and
anticipated future sales of the
subect .ro.ert
• •
SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR
EMPLOYEE
YES NO Does an official or employee of the City of Virginia Beach have
❑ an interest in the subject land or any proposed development
Lcontingent on the subject public action?
If yes, what is the name of the official or employee and what is the nature of the
interest?
Page 4 of 5
1B
Virginia Beach
CERTIFICATION:
I certify that all of the information contained in this Disclosure Statement Form is
! complete, true, and accurate.
I understand that, upon receipt of notification that the application has been
scheduled for public hearing, I am responsible for updating the information
provided herein two weeks prior to the Planning Commission, Council, VBDA
meeting, or meeting of any public body or committee in connection with this
Application.
P-ror- 'AYE 10 Rs,
APPLIC NT'S SIGNATURE I PRINT NAME DATE
PROPER OWNERS SIGNATURE PRINT NAME 7 ATE
Page 5 of 5
W V1
O
y O 73
O O
CD O -0
• A O
CDD
rD
o CD
su
o 2 D111
co 3
• W N
A xj
N �
v Q �
0o Zovz :N‘a9
1991
9136' 0�Zo�Z
Zo9C-Oti
1409
/� l
11
•
111.
•
� � z
J. PLANNING
1. SHANNON DUPRE/DUPRE INC., RI HUANG A. and RI CAN ZHENG and HUI LIN CHEN
for a Conditional Use Permit re a Tattoo Parlor at 1801 Pleasure House Road
DISTRICT 4— BAYSIDE
RECOMMENDATION: APPROVAL
a G. t
,5,1,44` Pye ts;
'4,4...w41
ar
€,,,"'r.:µ%`,.',
NOTICE OF PUBLIC HEARING
The regular meeling of the City Coun-
cil of the City of Virginia Beach will be
held in the Council Chambers of the City
Hall Building.Municipal Center,Virginia
Beach.Virginia.on Tuesday January
3,2017 at 6:00 p.m.,at which time
the following applications will be heard'.
DISTRICT 4—BAYSIDE
Shannon Dupre/Dupre Inc.[Applicant[
Pi Huang Zheng,Ri Gan Zheng, 8 Hui
Lin Chen[Owners]conditional Use Per-
mit(Tattoo Parlor)1801 Pleasure House
Road(GRIN 147935405W
All Interested parties are invited to at-
tend
Ruth Hodges Fraser.MMC
City Clerk
Copies of the proposed ordinances,res-
olutions and amendments are on fila and
may be examined in me Depadment of
Planning or online at htlo//www vboov
com/pe For information call 385-4621.
If you are physically disabled or
visually impaired and need assistance
at this meeting, please call the CITY
CLERK'S OFFICE at 305-0303.
{ 04-4441.
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: SHANNON DUPRE / DUPRE, INC. [Applicant] RI CAN ZHENG & HUI YUN
CHEN; RI HUANG ZHENG & HUI LIN CHEN [Property Owners] Conditional
Use Permit (Tattoo Parlor) 1800 Pleasure House Road (GPIN 1479354056).
COUNCIL DISTRICT— BAYSIDE
MEETING DATE: January 3, 2017
• Background:
The applicant has operated a full-service salon and day spa within a neighborhood
commercial center on property zoned B-1 Neighborhood Business District for more
than 20 years. She now plans to expand services offered and open a "satellite"
spa for microblading and permanent cosmetic tattoo services. The facility is
proposed within a 600 square-foot unit in an existing shopping center, zoned B-2
Community Business District, across the street from her salon. Microblading is the
process of using a series of small needles to place pigment into the skin, but not
as deep as tattooing. It is anticipated that one employee will operate the business
during the hours of 11:00 a.m. to 8:00 p.m., Monday through Thursday and 10:00
a.m. to 6:00 p.m., Friday through Saturday.
• Considerations:
The Zoning Ordinance classifies microblading and permanent make-up application
as a Tattoo Parlor and requires a Conditional Use Permit. Tattoo Parlors are not
permitted within the B-1 Neighborhood Business District; therefore, the applicant
plans to operate a "satellite" salon on this property that is limited to microblading.
The parking available onsite is sufficient to satisfy the requirements set forth in
Section 203 of the Zoning Ordinance. No change to the site or to the exterior of
the building is proposed with this request. Staff does not anticipate any impacts to
existing infrastructure or surrounding properties with this request. Staff
recommends a condition to address signage, consistent with other similar and
recent applications for a Tattoo Parlor. Further details pertaining to the request, as
well as Staffs evaluation of the request, are provided in the attached Staff report.
There is no known opposition to this request.
• Recommendations:
The Planning Commission passed a motion to recommend approval of this request
by a vote of 11-0.
Shannon Dupre/ Dupre, Inc.
Page 2 of 2
1. A business license for the Tattoo Parlor shall not be issued to the applicant
without the approval of the Health Department for consistency with the
provisions of Chapter 23 of the City Code.
2. The actual application of tattoos shall not be visible from the exterior of the
establishment or from the waiting and sales area within the establishment.
3. Any on-site signage for the tattoo establishment shall meet the requirements of
the City Zoning Ordinance. There shall be no neon or electronic display signs
or accents installed on any wall area of the exterior of the building, in or on the
windows, or on the doors. Window signage shall not be permitted. The building
signage shall not be a "box sign," but rather either externally lit or constructed
of raceway-mounted channel letters with L.E.D. illumination. A separate sign
permit shall be obtained from the Planning Department for the installation of any
signage.
• Attachments:
Staff Report and Disclosure Statements
Minutes of Planning Commission Meeting
Location Map
Recommended Action: Staff recommends Approval. Planning Commission
recommends Approval. \-
Submitting Department/Agency: Planning Departmerein/
City Manager: t if, \-N' I f
Applicant Shannon Dupre / Dupre, Inc. Agenda Item
Property Owner Ri Can Zheng & Hui Yun Chen, and Ri Huang
Zheng, & Hui Lin Chen 1. 5
City of Public Hearing December 14, 2016
Virginia Beach City Council Election District Bayside
Request
Conditional Use Permit (Tattoo Parlor) _ w.,,
0.u0,5proms � '
Hook Lane
Staff Planner
Jimmy McNamara forst Contort Read
i
Church PontiPlate 3
Location
'- E
1801 Pleasure House Road, Suite 103 ',,,�
GPINw, Alp,0 C rht,o,l.e
ni4o` Jp�P apt `�"pdbrire
1479354056 Sapp
Site Size `at
1.13 acres ""4_ "e.,,; Q
AICUZ h�Q<,,„_, o 4nurew�d4�ntaneyq� C,eq�o :.$-
F# a�1j�Rp,d
ea
Less than 65 d6 DNL apt...- eL�� �'
^ca
Existing Land Use and Zoning District
Mixed retail/ B-2 Community Business
Surrounding Land Uses and Zoning Districts
North FT. _ !� 4`` 1 it
y V L '.
Northampton Boulevard • V - - 4
Single-family dwellings/ R-10 Residential .
South S , •
Elementary school/ R-15 Residential ;: , , . • a - ` _. < <
East �' "�
t
Pleasure House Road
Religious use/ R-7.5 Residential ,
West = . '. - . -,,
Elementary school/ R-15 Residential
t
.. \. . `• s . 4
.1.` /,
,V .+.� •, `°7►�';i V � :' • moi'"„
Shannon Dupre/Dupre, Inc.
Agenda Item 15
Page 1
Background and Summary of Proposal
• The applicant has operated a full-service salon and day spa within a neighborhood commercial center on
property zoned B-1 for more than 20 years. She now plans to expand services offered to include microblading
and permanent cosmetic tattoo services to clients.
• Microblading is the process of using a series of small needles to place pigment into the skin, but not as deep as
tattooing. Microblading is commonly applied to the eye brow area and typically lasts for several years. The
Zoning Ordinance classifies micro-blading and permanent make-up application as a Tattoo Parlor;therefore the
applicant will operate a satellite business on a B-2 zoned site, as a Tattoo Parlor is not permitted in the B-1
District, as the permitted uses are geared towards those that are "neighborhood serving," such as sandwich
shops, bakeries, and business studios.
• The applicant plans to operate the Tattoo Parlor within a 600 square-foot unit in an existing shopping center,
zoned B-2 Community Business District, across the street from her salon.
• It is anticipated that one employee will work the business with typical hours of operation of 11:00 a.m. to 8:00
p.m., Monday through Thursday and 10:00 a.m. to 6:00 p.m., Friday through Saturday.
• The parking available onsite is sufficient to satisfy the requirements set forth in Section 203 of the Zoning
Ordinance.
. J
124.0
-- R-10: l 'l
-10:
to• History
R-7.5 - ,5 # Request
/ c 1 CUP(Religious Use& Preschool)Approved 10/23/2003
a CUP(Parking Lot Expansion)Approved 10/23/1997
R
a'e
R-15
B-1
R-1. —15
Application Types
CUP-Conditional Use Permit MOD-Modification of Conditions or Proffers FVR-Floodplain Variance
REZ-Rezoning NON-Nonconforming Use ALT-Alternative Compliance
CRZ-Conditional Rezoning STC-Street Closure SVR-Subdivision Variance
Comprehensive Plan Recommendations
The Comprehensive Plan recognizes this property as being within the "Suburban Area." Guiding principles have been
established in the Comprehensive Plan to guard again possible threats to the stability of the Suburban Area and to
provide a frame work for neighbors and places that are increasingly vibrant and distinctive. The Plan's primary guiding
principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with
Shannon Dupre/ Dupre, Inc.
Agenda Item 15
Page 2
complementary non-residential uses in such a way that, working together,the stability and sustainability of the
Suburban Area is ensured for now and the future. (p. 1.61)
Natural and Cultural Resources Impacts
This site is located in the Chesapeake Bay watershed. As the site is developed with a shopping center and parking
spaces, there do not appear to be any significant natural or cultural resources associated with the site.
Traffic Impacts
Street Name Present Volume Present Capacity Generated Traffic
Pleasure House Road 12,903 ADT 1 17,300 ADT 1(LOS 4"C") Existing Land Use 2—25 ADT
31,700 ADT 1(LOS 4"E") Proposed Land Use 3-25 ADT
'Average Daily Trips 2 as defined by 600 square 3 as defined by 600 square feet of a °LOS=Level of Service
feet of a specialty shop tattoo parlor
Master Transportation Plan (MTP) and Capital Improvement Program (CIP)
The MTP proposes an undivided facility with bikeway within a 70-foot right-of-way. There are no roadway CIP projects
slated for this section of right-of-way.
Public Utility Impacts
Water and Sewer
The site is currently connected to City water and sanitary sewer service.
Evaluation and Recommendation
This Conditional Use Permit request for a Tattoo Parlor within an existing shopping center is generally consistent with
the Comprehensive Plan's land use policies regarding complementary non-residential uses. No change to the site or to
the exterior of the building is proposed with this request. Staff does not anticipate any impacts to existing infrastructure
or surrounding properties with this request. Staff recommends a condition to address signage, consistent with other
similar and recent applications for tattoo parlor.
Prior to operating on the site, the applicant is required to obtain a business license, and the Health Department must
verify that the business meet all the requirements of Chapter 23 of the City Code.This section of the code establishes
standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness, vaccinations,
and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met.
Section 242.1 of the Zoning Ordinance states that no tattoo parlor or body piercing establishment shall be located within
six hundred (600) feet of another tattoo parlor or body piercing establishment. It appears that the request meets this
requirement.
Based on the considerations above, Staff recommends approval of this request with the conditions below.
Shannon Dupre/ Dupre, Inc.
Agenda Item 15
Page 3
Recommended Conditions
1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health
Department for consistency with the provisions of Chapter 23 of the City Code.
2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting
and sales area within the establishment.
3. Any on-site signage for the tattoo establishment shall meet the requirements of the City Zoning
Ordinance. There shall be no neon or electronic display signs or accents installed on any wall area of the
exterior of the building, in or on the windows, or on the doors. Window signage shall not be permitted. The
building signage shall not be a "box sign," but rather either externally lit or constructed of raceway-mounted
channel letters with L.E.D. illumination. A separate sign permit shall be obtained from the Planning Department
for the installation of any signage.
Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted
with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All
applicable permits required by the City Code, including those administered by the Department of Planning/Development Services
Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required
before any uses allowed by this Use Permit are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention
techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site.
Shannon Dupre/ Dupre, Inc.
Agenda Item 15
Page 4
Proposed Site Layout
;� -
-- 1 5
- --- = r 1_
r
?
f
r '
7 - 1
1
(tr0
Ingress/Eress
r77
0 ..,
..c
,,,.,, ., ,. ..i . .. ., ,, . ?
,, ,. 7, ,, t,. , .
4 /.---*--1
2
r'I
. "Li
, 4.4i r'
, ii
Subject Unit
' / ///
Parking , ,
Ata.
/ /
�K, i
Ingres/Egress
r"
/
I
--___ / /.,
Shannon Dupre/ Dupre, Inc.
Agenda Item 15
Page 5
Proposed Signage
Microblading I Permanent Cosmetics
BY DUPRE S
ty1 CRCSLADiNG PERMANE\T COSMETICS
C"
BY D U P R E ' S
Microb{ading I Permanent Cosmetics
BY O U P R t ' S
MICWWBLAD,N6I Lfr(:AIJL�Y I COSMETICS
Shannon Dupre/ Dupre, Inc.
Agenda Item 15
Page 6
Site Photo
- _ -............4.„,,a, .--
1
1101
AS
illi
mom
Mom
WS
.. rii tLJfW1 MIEWIMilii i
Aiii 6:1 _ ,......_
,......,
Shannon Dupre/ Dupre, Inc.
Agenda Item 15
Page 7
Disclosure Statement WiY�
Virginia Beach
APPLICANT'S NAMEC3ko-nnccn pre' /J upe-e iu.
DISCLOSURE STATEMENT FORM
The completion and submission of this form is required for all applications
that pertain to City real estate matters or to the development and/or use of
property in the City of Virginia Beach requiring action by the City Council or
a board, commission, or other body appointed by the City Council. Such
applications and matters include, but are not limited to,the following:
Acquisition of Property Disposition of City Modification of
by City Property Conditions or Proffers
Alternative Economic Development Nonconforming Use
Compliance,Special Investment Program
Exception for (EDIP) Changes
Board of Zoning Encroachment Request Rezoning
_Appeals
Certificate of Floodplain Variance
Appropriateness Street Closure
(Historic Review Board) Franchise Agreement
Chesapeake Bay
Preservation Area Lease of City Property Subdivision Variance
�8oard
I/ Conditional Use Permit License Agreement Wetlands Board
r •
The disclosures contained in this form are necessary to inform
public officials who may vote on the application as to whether
they have a conflict of interest under Virginia law.
•
e SECTION 1 / APPLICANT DISCLOSURE
=oz T se on r� Page 1 of 7
O APPL CANT NomIro OF HEAR NC '.I I
citi NO CHANCES ASOF ' I2/2 I /lye Jimmy McNamara
PEVJ ll
ONS4BblID 0
Shannon Dupre/Dupre, Inc.
Agenda Item 15
Page 8
Disclosure Statement
Virginia Beach
n Check here if the APPLICANT IS NOT a corporation, partnership, firm,
business, or other unincorporated organization.
Check here if the APPLICANT li a corporation, partnership, firm, business, or
other unincorporated organization. - Inc_.(A) List the Applicant's name:__ ti1ad.2L1Crl OF / DLIpt-e I
If an LLC, list all member's names:
If a CORPORATION, list the the names of all officers, directors, members,
trustees, etc. below: (Attach list if necessary)
-Shnnon �, TjUrI'Y i 5 cYt l c Li V. P
cu
—TC: SOri I � -Dor re ( rrGSV 'r"✓ r Tre5raFat
(B) List the businesses that have a parent-subsidiary I or affiliated business entity 3
relationship with the Applicant: (Attach list if necessary)
. D € S ..ck 16,1s IJri,-1 5 1 . / Q 1)rt. mo i( .
See next page for information pertaining to footnotes[ and 2
• a
SECTION 2 / PROPERTY OWNER DISCLOSURE
Complete Section 2 only if property owner is different from Applicant.
n Check here if the PROPERTY OWNER IC NOT a corporation, partnership,firm,
business, or other unincorporated organization.
0 Check here if the PROPERTY OWNER IS a corporation, partnership, firm,
business, or other unincorporated organization,AND THEN complete the
following.
(A) List the Property Owner's name:
If an LLC, list the member's
names:
Page 2 of
Shannon Dupre/ Dupre, Inc.
Agenda Item 15
Page 9
Disclosure Statement
Virginia Beach
Check here if the APPLICANT IS NOT a corporation, partnership, firm,
business,or other unincorporated organization.
Check here if the APPLICANT IS a corporation, partnership, firm, business, or
other unincorporated organization.
(A) List the Applicant's name'.
If an LLC, list all member's names:
If a CORPORATION, list the the names of all officers, directors, members.
trustees, etc. below. (Attach list if necessary)
(8) list the businesses that have a parent-subsidiary I or affiliated business entity 2
relationship with the Applicant: (Attach list if necessary)
See next page for information pertaining to footnotesI and 2
•
e SECTION 2 / PROPERTY OWNER DISCLOSURE
Complete Section 2 only if property owner is different from Applicant.
Ex Check here if the PROPERTY OWNER IS NOTa corporation, partnership,firm,
business, or other unincorporated organization. Ri Can zheng and Hui yun Chen(Married),
Ri Huang Zeng and Hui Lin Chen(Married)
Check here if the PROPERTY OWNER IS a corporation, partnership,firm,
business, or other unincorporated organization, AND THEN complete the
following.
(A) List the Property Owner's name:
If an LLC, list the member's
names:
Page 2 of 7
Shannon Dupre/Dupre, Inc.
Agenda Item 15
Page 10
Disclosure Statement
_ _ eu
ro231b re:DLAE 4SUC1ATES Pa'.:E 03
V './:¢15„tlL :]1 i51A6Y0Fa5 S-InttCN DPPE name t_
Il':
• Ve •
If a Corpore0on,Int tat names ofal Accra,dleecton, :nerben.trustees,
MC below: (Attach list if necessary,
IC tilt the butmnaes that have a parenosubsidiary t or afflbaed bosoms entity
2 relatlonihln with the Plooeny Comer (ArtPG0 in:If necessary)
'Parent subsalery telabenehle'noon l rel.lo n?P won nilo when ane temonnuen Nea n o
enemata wilt shares pmwsnB non Man MI wain at the mem. rover M anphee<wpeatim'
SM SWand IOW Government Cohnet el Interests M V. Cab S 23-310I
'Andrtnd boson.,, emit, reletonmbo' meent 'a rtw04,hp ether .w Paem wab/WV
nStaMnlit that teats moot In Dee bM4r MIM htl a controlling a.ynhp Mean Mare Other
Wslani Mlow,an I WntreWnP OMIer is ane endry It Pre a p Iwc*aq qMw In Ma neer maty,w
(4o Nem :S sled MMiaawwA o asiO01 bream in bwfeis tritium ration mot should be
anodes in bttnnnlnp Ina moment.et an yOIyad earnest*miry)tun WNp neluoe Nu She
Sane pwapl w neon WNny the eMa mesas —I tr rnanept tna two reties,den et common o
aamaeMten tun*ar aDa:We business neve Owe the am N the tem offices De employees at
mMebe Noe rtwjn, nsmwmi a parsons.'en a regular bole, a Nen is otherwise s cote
oohing eledenh p between the wrung,'Ste State and Local t'amrrnnnnt Conniat of tone Act,
Va.code S 2.1-3101.
SECTION 3. SERVICES DISCLOSURE
Are any of the following servaes beteg raveled 1n Lonne0tion with the)Nblert Cho
areall p w,or ant(.WmneaE operating or to be ma,Mbd nn the PZ2laent If the anima/
to any 1Mm is YES, please Identify the firm Dr Individual providing the service. N'THE
OWNER AND APPLICANT ARE DIFFERENT EACH MUST COMPLETE THE SECTION
SEPEMTELY
Pape)ell
Shannon Dupre/Dupre, Inc.
Agenda Item 15
Page 11
•
Disclosure Statement
APPLICANT Virginia
YES NO SERVICE PROVIDER(use additional sheets if
needed)
ILA T Jj Accounting and/or preparer ofrne5 P 'ot ka'¢I(
u I� your tax return
4- iMLr
1, j Architect/Landscape Architect/
L� rand Planner
^ Contract Purchaser(if other than
I I the Applicant)-identify purchaser
and purchaser's service providers
Any other pending or proposed
fl f.Y purchaser of the subject property
I`� (identify purchaser(s)and
purchaser's service providers)
x -r Construction Contractors Deja'vu' Designs Incorporat•d
Engineers/Surveyors/Agents
Financing(include current
❑ l j- mortgage holders and lenders
L1CI selected or being considered to
provide financing for acquisition
or construction of the property)
nrq Legal Services
Real Estate Brokers/
n1-1 Agents/Realtors for current and
anticipated future sales of the
subject property _
e a
SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR
EMPLOYEE
YES NO Does an official or employee of the City of Virginia Beach have
❑ I�� an interest in the subject land or any proposed development
L� contingent on the subject public action?
If yes, what is the name of the official or employee and what is the nature of the
interest?
Page O of 7
Shannon Dupre/Dupre, Inc.
Agenda Item 15
Page 12
Disclosure Statement
W
Virginia Beach
CERTIFICATION:
I certify that all of the information contained in this Disclosure Statement Form is
complete,true,and accurate.
I understand that, upon receipt of notification that the application has been
scheduled for public hearing, I am responsible for updating the information
provided herein two weeks prior to the Planning Commission, Council, VBDA
meeting, or meeting of any public body or committee in connection with this
Application.
ter! V— �l`1CUlnCI� I vxe IIJiI$iIIG
Nr'S SIGNATURE PRINT NAME I DATE
Page 5 of 7
Shannon Dupre/Dupre, Inc.
Agenda Item 15
Page 13
Disclosure Statement
OWNER Virginia
Beach
YES NO f SERVICE I PROVIDER(useaddtons sheets if I
needed)
NI Accounting and/or preparer of
your tax return
❑ XArchitect/Landscape Architect/ -- — — �
Land Planner
Contract Purchaser(if other than
rithe Applicant)-identify purchaser
and purchaser's service providers 1
r
Any other pending or proposed
❑ Ii/I purchaser of the subject property
hl (identify purchaser(s)and
purchaser's service providers)
XConstruction Contractors
n ❑X Engineers/Surveyors/Agents
Financing(include current
❑
I/"m mortgage holders and lenders
selected or being considered to
provide financing for acquisition
or construction of the property)
▪ nLegal Services I
^ Real Estate Brokers/ j
/J�J Agents/Realtors for current and
anticipated future sales of the
subject property
e
SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR
EMPLOYEE
YES NO Does an official or employee of the City of Virginia Beach have
H z an interest in the subject land or any proposed development
contingent on the subject public action?
If yes,what is the name of the official or employee and what is the nature of the
interest?
Page 6 of 7
Shannon Dupre/Dupre, Inc.
Agenda Item 15
Page 14
Disclosure Statement
VL
Virginia Beach
CERTIFICATION:
I certify that all of the information contained in this Disclosure Statement Form is
complete,true,and accurate.
I understand that, upon receipt of notification that the application has been
scheduled for public hearing, I am responsible for updating the information
provided herein two weeks prior to the Planning Commission, Council, VBDA
meeting, or meeting of any public body or committee in connection with this
Application.
„�li NU/ 2-0.1 (//7I✓ Nil�l(�_
PROP iy OWNERSS AMTLRE
PRINT NAME DATE
Page 7 Of 7
Shannon Dupre/Dupre, Inc.
Agenda Item 15
Page 15
•
Disclosure Statement
OWNER Virginia Beach
YES NO I SERVICE PROVIDER use adltIonaI sheets Ii
needed)
O Accounting and/or preparer of
•
your tax return •
C ❑X Architect/Landscape Architect/
Land Planner
Contract Purchaser Of other than
❑ ❑
the Applicant)-identify purchaser
and purchaser's service providers
Any other pending or proposed
n o purchaser of the subject property
(identify purchaser(s)and
purchasers service providers)
▪ zConstruction Contractors
❑ n Engineers/Surveyors/Agents
Financing(include current - �
❑ mortgage holders and lenders
selected or being considered to
provide financing for acquisition i
or construction of the property)
❑ ix Legal Services
Real Estate Brokers/
• El Agents/Realtors for current and
anticipated future sales of the
subject property
s
SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR
EMPLOYEE
YES NO Does an official or employee of the City of Virginia Beach have
❑ O an Interest in the subject land or any proposed development
contingent on the subject public action?
If yes,what is the name of the official or employee and what is the nature of the
interest?
Page 6 of 7
Shannon Dupre/Dupre, Inc.
Agenda Item 15
Page 16
Disclosure Statement
Virginia Beach
CERTIFICATION:
I certify that all of the information contained in this Disclosure Statement Form is
complete,true, and accurate.
I understand that, upon receipt of notification that the application has been
scheduled for public hearing, I am responsible for updating the Information
provided herein two weeks prior to the Planning Commission, Council, VBDA
meeting, or meeting of faanJy public body or committee in connection with this
Application.
ERIY OWNER'S SIGNATURE "`" PRINT NAME r1 JU tDATE /
PROPERTY
Page 7 of 7
Shannon Dupre/ Dupre, Inc.
Agenda Item 15
Page 17
Item 415
Shannon Dupre/Dupre, Inc.
Conditional Use Permit
Tattoo Parlor
1801 Pleasure House Road
District 4
Bayside
December 14,2016
REGULAR
Dee Oliver: Our next item is item 15,Shannon Dupre/Dupre, Inc. An application for a Conditional Use
Permit for a Tattoo Parlor on property located at 1801 Pleasure House Road, District 4, Bayside.
Shannon Dupre: Hi, I'm Shannon Dupre.
Jan Rucinski: Can you tell us a little bit about your application.
Shannon Dupre: I've been a small business owner for 20 years. I'm right across the way, I have to pay
someone for a day spa,and this procedure was unregulated up until August 2016,so because I am in a
B-1, I have to lease the space across the street which is B-2, which needs a Conditional Use Permit, and it
is just for micro-blading, which like a semi-permanent tattooing, and it is just one employee. Normal
business hours are 9:00 to 5:00.
Jeff Hodgson: Are there any questions? Thank you ma'am.
Jan Rucinski: We have one speaker in opposition and that is E.George Minns.
E. George Minns: Good evening Chairman and members of the Commission.
Jeff Hodgson: Good afternoon.
E.George Minns: My objection is to lack of notice. The same problem is occurring across the city
wherein as you all say stakeholders,are not notified, specifically in this case,the church that is right
there by it. Morningstar Baptist Church. It has been there over 100 years.They did not receive any
notice,and the church asked that be brought to your attention,otherwise, no objection of the business
but it is happening over and over and over where in our community,citizens do not receive notice.
Thank you.
Dave Redmond: Barry,give us something.
Barry Frankenfield: They are checking right now
Kay Wilson: Can you point out where the church is Mr. Minns?
Jeff Hodgson: I believe it is across some corner isn't it?
Item#15
Shannon Dupre/Dupre, Inc.
Page 2
E.George Minns: It should be right across. The church is like right there.
Carolyn Smith: All those circles on that map are folks that have received the notice about today's
meeting.
Jimmy McNamara: Mr. Minns, do you know the name of the church?
E.George Minns: Morning Star Baptist church, in fact we have members of the church here.
Jimmy McNamara: I can confirm that a notice went out to 4800 First Court Road, addressed to
Morningstar Baptist Church when the adjacent letters were sent out.
Jeff Hodgson: Thank you.
E.George Minns:Yes so generally they are put in the mail evidently it is question whether or not it was
received because that is the concern of the church.
Jeff Hodgson: Okay.Thank you. Are there any other speakers?
Jan Rucinski: There are no other speakers on that application.
Jeff Hodgson: We'll close the public hearing and open it for discussion. Mr. Redmond.
Dave Redmond: Mr.Chairman, I am familiar both to the two properties of the applicant's. I live in the
neighborhood adjacent to it,and am well familiar with this spot currently operates.This is very
obviously use that doesn't fit in the current designation. It is trying to get,as far as I can tell,something
that is close as possible for the zoning designation is appropriate. My own view is that it is an entirely
benign use in this location. I think very frankly,would be an improvement to the shopping from what
I've seen of what should be her signage. I think it would probably in the event it is not the prettiest
picture of that shopping and I think, to me,would be an improvement. I can't find anything
objectionable about her use. There are some admirable ways in which this kind of use can be helpful
particularly people who by virtue of therapy, hair in some places. So, I certainly have no objection to it
and absent from anybody else's objection, I am prepared to make a motion.
Jeff Hodgson: Is there any else? Mr. Redmond?
Dave Redmond: Mr.Chairman, I make approval of the application.
David Weiner: I'll second it.
Jeff Hodgson: A motion made by Commissioner Redmond,and a second by Commissioner Weiner.
Jimmy, thanks for being able to pull that up so quickly.
AYE 11 NAY O ABS O ABSENT O
HODGSON AYE
Item#15
Shannon Dupre/Dupre, Inc.
Page 3
HORSLEY AYE
INMAN AYE
KWASNY AYE
OLIVER AYE
REDMOND AYE
RIPLEY AYE
RUCINSKI AYE
THORNTON AYE
WALL AYE
WEINER AYE
Ed Weeden: by a vote of 11-0,the Commission approved the application of Shannon Dupre.
Jeff Hodgson: Thank you.
.
I
. u_j_g).__ :.... j .::.. „I
r
1--, ,
0 : --L____ i
.
w L.
irr
J.
itillit
,...,,
,, .
•
_.7 s
/ci .
/ , _.... ' I0/ --•
/•
....,. .
.....-
/ t... ....
. .
......„
. .
/< \
4111111i' '
IF/ C. pPol, .
,,,....._ <..
-„.
•
" Q.
4.-. %., 8
snoia-'-'11 --. ---• .
,
13. --------- 7 Ojt., _._,...
_. - ,.....,.. (
,I /
e_. .
Spot .,
/-..
1 .."-- ---. CV
/ W
ig".„..• '.
1.0 Illiiiik Co\ --I ___
--- ce
li.
-...
-..._
. .
0 I,
... .::
),.
4 I
, 1
\
\ i
\
\ \
44
4 , i
4 ,
1 4
4 , 4
4 4
4 4,
)
, \ 4
UJ
Li ' <,--
\ ,,
,
..
.. ',,,
,
. Lo
\ , .
.
,
c-/*''/.` N/1 \''.,
. '
, \
t
, Ce
\
\
—\------i .,
').
--1 0
! e;
„
,
.
% ..
\11....,. \ ii,,,, \
1
$,
, ,„
..
,,\,
',
s, %
K.APPOINTMENTS
HEALTH SERVICES ADVISORY BOARD
HISTORIC PRESERVATION COMMISSION
PERSONNEL BOARD
PLANNING COUNCIL
RESORT ADVISORY COMMISSION
TOWING ADVISORY BOARD
TRANSITION AREA INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION - VBDC
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N.ADJOURNMENT
*****************************
PUBLIC COMMENT
Non-Agenda Items
Each Speaker will be allowed 3 minutes
and each subject is limited to 3 Speakers
**********************************
I/3/17/st
CITY COUNCIL WINTER RETREAT
Economic Development Conference Room
Suite 700
4525 Main Street, Town Center
February 13-14, 2017
8:30 AM to 4:30 PM