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8 City of Chesapeake, Virginia April 05, 2018 Parcel Number: Property Address (Primary): Parcel Class: 4412 Parcel Class Description: 1457 MOUNT PLEASANT RD CHESAPEAKE, COMMERCIAL - NHBD SHOPPING CENTER Summary Property Owner MT PLEASANT VILLAGE L L C Owner Address Address PO BOX VIRGINIA BEACH, VA Zoning Acreage Legal Description B1: Neighborhood Business PAR B SUB MT PLEASANT VILLAGE SHOPPING CTR 3.842AC Site Information Neighborhood Number 0001 Neighborhood Description Borough: Building Name Frontage Length 525 Other Dimensions Land Use Participant COMMERCIAL BUTTS ROAD MOUNT PLEASANT VILLAGE SHOPPING CENTER XIRREGULAR No Assessment Information Date Fiscal Year Land Value Land Use Value Improvement Value Total Value Proposed 7/1/ $1,152,600 $2,172,000 $3,324,600 7/1/ $1,056,600 $2,172,000 $3,228,600 7/1/ $941,300 $2,184,300 $3,125,600 7/1/ $941,300 $1,884,200 $2,825,500 7/1/ $941,300 $1,884,200 $2,825,500 7/1/ $941,300 $1,664,700 $2,606,000 7/1/ $941,300 $1,684,000 $2,625,300 7/1/ $941,300 $1,914,900 $2,856,200 7/1/ $941,300 $1,870,400 $2,811,700 7/1/ $941,300 $1,870,400 $2,811,700 7/1/ $902,900 $1,854,500 $2,757,400 7/1/ $864,500 $1,711,000 $2,575,500 7/1/ $710,800 $1,603,300 $2,314,100 7/1/ $672,400 $1,554,200 $2,226,600 Ownership Information Buyer Name Seller Name Sale Date Sale Amount Deed Book Deed Page Map Book/Page MT PLEASANT VILLAGE L L C SOUTHEAST PROPERTIES L L C 5/25/2001 $1,950, SOUTHEAST PROPERTIES L L C CENTER GROUP VENTURES L P 10/19/2000 $ CENTER GROUP VENTURES L P MT PLEASANT ASSOCIATES L P 8/4/1994 $ MT PLEASANT ASSOCIATES L P MULBERRY CORPORATION 2/4/1994 $1,250, MULBERRY CORPORATION WALKER & WALKER 9/11/1991 $ WALKER & WALKER D H BURLAGE & COMPANY 10/15/1986 $390, D H BURLAGE & COMPANY 7/30/1975 $58, DISCLAIMER: This data is provided without warranty of any kind, either expressed or implied, including but not limited to, the implied warrangiesof merchantability and fitness for a particular purpose. Any person, firm or corporation which uses this map or any of the enclosed information assumes allrisk for the inaccuracy thereof, as City of Chesapeake expressly disclaims any liability for loss or damage arising from the use of said information by anythird party.

9 Commercial Improvement Year Built : 1987 Effecie Size: Number of Stories : Elevator : Number of Elevators : HVAC/AC : Heat Pump HVAC/AC 2 : HVAC/AC 3 : Front Wall : Front Wall 2: Side Wall : Side Wall 2 : Rear Wall : Rear Wall 2 : Sprinklers : Stud -Brick Veneer Stud -Brick Veneer Cavity Concrete Block Wet Sprinklers Segments Information Building # 1 Segment Code Segment Description Square Feet NSC 412-NEIGHBORHOOD SHOPPING CENTER 39,868 Outbuilding Information Building Description Year Built Square Feet PAVING Real Estate Tax Current Year Bill Number Year Installment Date Due Tax Billed Tax Paid Balance Due INSTALLMENT #1 10/2/2017 $8, $8, $25, INSTALLMENT #2 1/3/2018 $8, $8, $16, INSTALLMENT #3 4/2/2018 $8, $8, $8, INSTALLMENT #4 6/5/2018 $8, $0.00 DISCLAIMER: This data is provided without warranty of any kind, either expressed or implied, including but not limited to, the implied warrangiesof merchantability and fitness for a particular purpose. Any person, firm or corporation which uses this map or any of the enclosed information assumes allrisk for the inaccuracy thereof, as City of Chesapeake expressly disclaims any liability for loss or damage arising from the use of said information by anythird party.

10 Please contact the Treasurer s Office at (757) if you have questions regarding Tax Paid or Balance Due. Storm Water Fees and prior balances do not show on this tab. Real Estate Notes Note 1-DB RD TK 2-LEGAL CHG AC 7-11 SITE RD-TK SO LAW NO LEGAL CHG AC TO 49-11C D H BURLAGE & COMPANY WALKER & WALKER NAME WAS CHANGED PER LETTERFROM MICHAEL H NUCKOLS ATTORNEY ALONG WITH COPY OF LETTER FROM STATE CORPORATION COMMISSION PER DON 2/1/95.DAG 12-DB4157 PG1 EXCHANGE FOR PROPERTY IN RICHMOND GRANTOR TAX $1,842.75, GRANTEE TAX $ DAL 13-FENCE ADDED TAX YEAR /BDA 14-FENCE ADDED TAX YEAR 05-06/BDA 15-UP USE PERMIT FOR INDOOR RECREATION FACILITY APPROVED 6/06.DAJ 16-DB7228 PG ' X 5.16' WATER METER ESTM TO CITY RECORDED 9/27/07.DAJ 17-UP USE PERMIT TO OPERATE AN INDOOR RECREATIONAL FACILITY IN EXISTING SHOPPING CTR APPROVED 5/14. 6/10/2014.DAJ 999-FENCE ADDED TAX YEAR 2008/09 BRB DISCLAIMER: This data is provided without warranty of any kind, either expressed or implied, including but not limited to, the implied warrangiesof merchantability and fitness for a particular purpose. Any person, firm or corporation which uses this map or any of the enclosed information assumes allrisk for the inaccuracy thereof, as City of Chesapeake expressly disclaims any liability for loss or damage arising from the use of said information by anythird party.

City of Chesapeake, Virginia Legend Parcels City Boundary Parcel Number: 0490000000112 Date: 4/5/2018 DISCLAIMER:This drawing is neither a legally recorded map nor a survey and is not intended to be

11 City of Chesapeake, Virginia Legend Parcels City Boundary Parcel Number: Date: 4/5/2018 DISCLAIMER:This drawing is neither a legally recorded map nor a survey and is not intended to be used as such. The information displayed is a compilation of records,information, and data obtained from various sources, and City of Chesapeake is not responsible for its accuracy or how current it may be.

12 Staff Report TO: FROM: Chesapeake Board of Zoning Appeals Dale Ware, AICP, CZA RE: Application #ZON-BZA Mount Pleasant Road, Unit #108 Hearing Date: May 24, 2018 Application #ZON-BZA Curtis E. Markham t/a State Line Computer Services and Christopher H. Falk, Esq. POA for Mt. Pleasant Village, LLC, property owner, 1457 Mount Pleasant Road, pursuant to Section of the Chesapeake Zoning Ordinance, appealing a Notice of Violation dated March 2, 2018 that the use of the property as a Computer Based Gaming Establishment is prohibited and in violation of Section 7-602, Table of permitted and conditional uses in business districts of the Chesapeake Zoning Ordinance. The property is further identified as Par B Sub Mount Pleasant Village Shopping Center Ac, Real Estate Parcel No , Zoning Classification B-1, neighborhood business. Background Information: The applicant is appealing a Notice of Violation issued to the property dated March 02, 2018 for a zoning violation using the property as a Computer Based Gaming Establishment prohibited in the B-1, business district. Staff Analysis and Recommendation: The Board of Zoning Appeals is authorized under Section of the Code of Virginia and Section et seq. of the Chesapeake Zoning Ordinance to hear appeals from any order, requirement, decision or determination made by the Zoning Administrator in the interpretation, administration or enforcement of the Zoning Ordinance. In this capacity, the BZA exercises appellate jurisdiction as a quasi-judicial body, and its task is to determine whether the Zoning Administrator was correct in the interpretation and application of the Zoning Ordinance. In doing so, the BZA shall consider the purpose, intent and meaning of the ordinances, laws and regulations in question. In no event, shall the BZA substitute its judgment for that of the City Council by basing its decision on the merits of the ordinances and regulations at issue. The decision of the Zoning Administrator is presumed to be correct, with the burden being upon the applicant to demonstrate the error. Section of the Zoning Ordinance requires that the decision of the BZA be supported by findings of fact and a conclusion that the decision of the Zoning Administrator is, (1) correct in the interpretation and application of the zoning ordinance; (2) plainly wrong in the interpretation of the zoning ordinance; or (3) plainly wrong in the application of the zoning ordinance to the particular facts presented. In 1

13 exercising this authority the BZA may, in conformity with the provisions of the ordinance, reverse or affirm wholly or partly or may modify the order, requirement, decision or determination appealed from. Based upon staff observations and research of the property, the Notice of Violation was issued correctly. As such, staff respectfully requests that the Board uphold the March 02, 2018 violation notice without modification. 2

14 PLN TXT November AN ORDINANCE AMENDING APPENDIX A OF THE CITY CODE ENTITLED ZONING ARTICLE 3 SECTION 3403 ARTICLE 7 SECTION 7602 AND ARTICLE 8 SECTION TO DELETE THE DEFINITION OF COMPUTER BASED GAMING ESTABLISHMENTS AND TO ELIMINATE COMPUTER BASED GAMING AS A CONDITIONAL USE IN THE B2 GENERAL BUSINESS DISTRICT M1 LIGHT INDUSTRIAL DISTRICT AND M2 GENERAL INDUSTRIAL DISTRICT WHEREAS the Council of the City of Chesapeake finds the public necessity convenience general welfare and good zoning practice so requires and WHEREAS the City of Chesapeake computerbased gaming establishment definition was based on and incorporated the provisions in Virginia Code Section which has been repealed and WHEREAS the Virginia Code s definition of illegal gambling is ambiguous and computerbased gaming establishments are not subject to any regulatory oversight at the state level both of which have led to the proliferation of unlawfully commenced computerbased gaming establishments which are detrimental the City of Chesapeake safety and welfare and WHEREAS in order to protect the public safety and welfare of the community to ensure the compatibility of land uses the vitality of commercial districts and the overall quality of life in Chesapeake BE IT ORDAINED by the Council of the City of Chesapeake Virginia that Appendix A of the Chesapeake City Code entitled Zoning Article 3 entitled Interpretation and Definitions Section Article 7 entitled Business Districts Section 7602 and Article 8 entitled Industrial Districts Section thereof be amended and reenacted as follows City Attorney s Office City of Chesapeake Municipal Center 306 Cedar Road Chesapeake Virginia Fax

15 ARTICLE 3 INTERPRETATION AND DEFINITIONS Section Definitions The following definitions shall be used in the interpretation and administration of this Ordinance The definitions of various terms as presented do not necessarily represent the same definitions as may be found for the same terms in other chapters of the City Code Computer based gaming establishments Establishments that offer use of on site Virginia Codc Scction Such establishments shall require a conditional use permit in the B 2 General Busincss District M 1 Light Industrial District and M 2 General Industrial District and shall be prohibited in all other zoning districts ARTICLE 7 BUSINESS DISTRICTS Section 7602 Table of permitted and conditional uses in business districts SECTION TABLE OF PERMITTED AND CONDITIONAL USES IN BUSINESS DISTRICTS Rural Suburban Urban B B BBB SIC Use B 1 B 2 MXD U Condition Parking Indoor Recreation Facilities Not Elsewhere Classified Except 7999 C P C P CPC P Establishments Offering City Attorneys Office City of Chesapeake Municipal Center 306 Cedar Road Chesapeake Virginia Fax Onsite Computers for Sweepstakes Games 2

16 Lotteries or Contests under Virginia Code Establishments E E E k ARTICLE 8 INDUSTRIAL DISTRICTS Section 8602 Table of permitted and conditional uses in industrial districts SECTION TABLE OF PERMITTED AND CONDITIONAL USES IN INDUSTRIAL DISTRICTS Rural Suburban Urban SIC Use M1 M2 M3 M1 M2 M3 M1 M2 M3 Condition Parking Amusement and Recreation Services Not Elsewhere Classified Except 7999 Sexually Oriented PP P P P P P P P Businesses and Establishments g City Attorneys Office City of Chesapeake Municipal Center 306 Cedar Road Chesapeake Virginia Fax Offering Onsite Computers for Sweepstakes 3

17 Games Lotteries or Contests under Virginia Code Computer based gaming E G G G G G establishments ADOPTED by the Council of the City of Chesapeake Virginia this 16th day of January 2018 APPROVED Mayor 7r 21 ti om Clerk of the Cou c1 City Attorneys Office City of Chesapeake Municipal Center 306 Cedar Road Chesapeake Virginia Fax

18 STANDARDS FOR APPEALS In general The board of zoning appeals (BZA) is authorized to hear appeals from any order, requirement, decision or determination made by the zoning administrator in the interpretation, administration or enforcement of this ordinance. In this capacity, the BZA exercises appellate jurisdiction as a quasi-judicial body, and its task is to determine whether the zoning administrator was correct in the interpretation and application of this ordinance. In doing so, the BZA shall consider the purpose, intent and meaning of the ordinances, laws and regulations in question. In no event however, shall the BZA substitute its judgment for that of the city council by basing its decision on the merits of the ordinances and regulations at issue. The decision of the zoning administrator is presumed to be correct, with the burden being upon the applicant to demonstrate error. (Ord. No. 00-O-116, ) Extent of board's appeal powers; findings required A. Action by board. In exercising the authority herein granted the board may, in conformity with the provisions of this ordinance, reverse or affirm wholly or partly or may modify the order, requirement, decision or determination appealed from. B. Required findings and conclusions. Any decision of the board shall be supported by findings of fact and a conclusion that the decision of the zoning administrator was: (1) correct in the interpretation and application of the zoning ordinance; (2) plainly wrong in the interpretation of the zoning ordinance; or (3) plainly wrong in the application of the zoning ordinance to the particular facts presented. 3

19 Service Request Summary Report Printed Date : Apr 5, :53:07 AM Type: Zoning Violation -General SR #: Area: Code Compliance Work Area - S EAST CHESAPEAKE Priority: Standard Group: Code Compliance Status: Open Jurisdiction: Chesapeake Status Date: Mar 2, :46:15 AM Input By: User, Cwi Created Date: Feb 7, :18:31 AM Method Received: Web Intake Overdue on: Jul 25, :18:31 AM Location: 1457 MOUNT PLEASANT RD 108, CHESAPEAKE, VA Location Details: SR Comments: Activities Activities Assigned Staff Due Date Completed Date Outcome Investigate Site Hoyt, Kellie Feb 16, :00:00 PM Details Feb 28, :19:00 PM Violation Found - NOV visited location and saw all the computers set up for gaming. spoke to lady inside and asked her how do I get the jackpot. she told me how to play the games and that my winnings would go onto a card and then she could cash it out and get me cash back. KRH Activities Activities Assigned Staff Due Date Completed Date Outcome Mail Notice of Violation (NOV) Details Hoyt, Kellie Mar 2, :00:00 PM please mail notice to prop owner as well as the following address: State Line Computer Services 1457 Mount pleasant Rd #108 Chesapeake, va Mar 2, :00:00 AM Mail NOV revealed that the current use of computer based gaming is in violation of Section 7-602, Table of Permitted & Conditional Uses of the Chesapeake Zoning Ordinance. Section of the Chesapeake Zoning Ordinance provides that Computer Based Gaming Establishments are not a permitted use in business zoning districts. To correct this violation, the operation of the Computer Based Gaming Establishment must cease. sent to owner...done by sye Activities Activities Assigned Staff Due Date Completed Date Outcome Re-Inspection Hoyt, Kellie Apr 12, :00:00 PM Details Report Date: Apr 5, :53:07 AM Page: 1

Staff Report TO: FROM: Chesapeake Board of Zoning Appeals Dale Ware, AICP, CZA RE: Application #ZON-BZA Carawan Lane Hearing Date: Febr

Staff Report TO: FROM: Chesapeake Board of Zoning Appeals Dale Ware, AICP, CZA RE: Application #ZON-BZA-2018-00026 365 Carawan Lane Hearing Date: February 28, 2019, continued from January 24, 2019, December