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HomeMy WebLinkAboutJANUARY 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