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09-18-2018 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL 00u,.BE,4 MAYOR LOUIS R.JONES,Bayside-District 4 14 y VICE MAYOR JAMES L. WOOD,Lynnhaven-District 5 8C ' JESSICA P.ABBOTT,Kempsville-District 2 %�`: M.BENJAMIN DAVENPORT,At Large 2 ROBERT M.DYER,Centerville-District I �+ ,R=_ a BARBARA M.HENLEY,Princess Anne—District 7 SHANNON DS KANE,Rose Hall—District 3 JOHN D.MOSS,At Large oR ; a` 0,0+' JOHN E. UHRIN,Beach—District 6 ROSEMARY WILSON,At-Large CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER—DAV/D L.HANSEN VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY—MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR—RONALD D.AGNOR FAX(757)385-5669 CITY AUDITOR—LYNDONS.REMIAS September 18, 2018 E-MAIL:CITYCOUNCIL@vbgov.com CITY CLERK—AMANDA BARNES p MAYOR LOUIS R. JONES PRESIDING I. CITY COUNCIL'S BRIEFINGS -Conference Room- 4:00 PM A. HURRICANE FLORENCE UPDATE Steven Cover, Deputy City Manager Erin Sutton, Director—Office of Emergency Management B. VIRGINIA BEACH DEVELOPMENT AUTHORITY ANNUAL REPORT Dorothy Wood, Chair C. ViBE CREATIVE DISTRICT UPDATE Kate Pittman, Executive Director D. SEA LEVEL RISE and RECURRENT FLOODING UPDATE Thomas Leahy, Deputy City Manager II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room- 5:30 PM A. CALL TO ORDER—Mayor Louis R. Jones B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Louis R. Jones B. INVOCATION: Reverend Jay McCoy Pastor, Discovery 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 SESSION September 4, 2018 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. RESOLUTION HURRICANE MATTHEW LONG TERM RECOVERY GROUP Melissa Zibutis, Volunteer Resources Coordinator 2. PRESENTATION—BOARD OF DIRECTORS SISTER CITIES ASSOCIATION OF VIRGINIA BEACH (SCAVB) Carolyn Garrett, President I. PUBLIC COMMENT 1. 2019 LEGISLATIVE AGENDA J. PUBLIC HEARING 1. LEASE OF CITY PROPERTIES - Little League a. 2513 Shorehaven Drive - Great Neck Baseball League, Inc. b. 952 Reon Drive- Kempsville Borough Boys Baseball, Inc. c. 586 North Lynnhaven Road - Boys Baseball of Lynnhaven, Inc. d. 632 Firefall Drive- Virginia Beach Little League, Inc. e. 3332 Northgate Drive- Plaza Little League, Inc. K. ORDINANCES/RESOLUTION 1. Ordinance to CONFIRM the Declaration of a Local Emergency re Hurricane "Florence" 2. Ordinance to AUTHORIZE the City Manager to EXECUTE five (5) Leases for the use of City Park properties re Little League operations: a. 2513 Shorehaven Drive Great Neck Baseball League, Inc. b. 952 Reon Drive Kempsville Borough Boys Baseball, Inc. c. 586 North Lynnhaven Road Boys Baseball of Lynnhaven, Inc. d. 632 Firefall Drive Virginia Beach Little League, Inc. e. 3332 Northgate Drive Plaza Little League, Inc. 3. Ordinance to AUTHORIZE a Cooperative Agreement between City Council and School Board re legal services to the School Board and Administration by the Office of the City Attorney for FY 2019 4. Ordinances to ACCEPT and APPROPRIATE Grant Funds from Virginia Department of Motor Vehicles (DMV) to Police and AUTHORIZE an In-Kind Grant Match: a. $48,000 re DUI Enforcement b. $52,000 re Seat Belt Enforcement 5. Ordinance to APPROPRIATE $54,424 of Fund Balance from the Police Federal and State Seized Assets Special Revenue Fund re expenses during an investigation 6. Resolution to REFER an Ordinance to AMEND Sections 102, 111, 401, 501, 601, 901, 1110,1125, 1521 and 2203 of the City Zoning Ordinance (CZO) and Section 5.2 of the Oceanfront Resort District Form-Based Code re Definitions, Requirements and Use of Home Sharing and Short Term Rentals to the Planning Commission L. PLANNING 1. PROVIDENCE PRESBYTERIAN CHURCH for a Conditional Use Permit re child care education center in a religious use at 5497 Providence Road DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL M. APPOINTMENTS BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS —ELECTRICAL DIVISION COMMUNITY ORGANIZATION GRANT (COG) AND ALLOCATION REVIEW COMMITTEE GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION INVESTIGATION REVIEW PANEL PERSONNEL BOARD PUBLIC LIBRARY BOARD STORMWATER APPEALS BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT ****************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ************************* CITY COUNCIL TUESDAY, NOVEMBER 6, 2018 CANCELLED ELECTION DAY 09 18'2018 jag CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL 0141 sEq MAYOR LOUIS R.JONES,Bayside-District 4 JtQ `" VICE MAYOR JAMES L. WOOD,Lynnhaven-District 5 pk JESSICA P.ABBOTT,Kempsville-District 2 , 2 M.BENJAMIN DAVENPORT,At Large U 5 j ROBERT M.DYER Centerville-District 1 , BARBARA M.HENLEY,Princess Anne—District 7 •'e sae_ SHANNON DS KANE,Rose Hall—District 3 �4+ JOHN D.MOSS,At Large '` OYR .004' JOHN E.UHRIN,Beach—District 6 ROSEMARY WILSON,At-Large CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER DAVID L.HANSEN VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY—MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR—RONALD D.AGNOR FAX(757)385-5669 CITY AUDITOR—LYNDONS.REMIAS September 18, 2018 E-MAIL:CITYCOUNCIL@vbgov.com CITY CLERK—AMANDA BARNES MAYOR LOUIS R.JONES PRESIDING I. CITY COUNCIL'S BRIEFINGS - Conference Room - 4:00 PM A. HURRICANE FLORENCE UPDATE Steven Cover, Deputy City Manager Erin Sutton, Director—Office of Emergency Management B. VIRGINIA BEACH DEVELOPMENT AUTHORITY ANNUAL REPORT Dorothy Wood, Chair C. ViBE CREATIVE DISTRICT UPDATE Kate Pittman, Executive Director D. SEA LEVEL RISE and RECURRENT FLOODING UPDATE Thomas Leahy, Deputy City Manager II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV.INFORMAL SESSION - Conference Room- 5:30 PM A. CALL TO ORDER—Mayor Louis R. Jones B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION -City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Louis R. Jones B. INVOCATION: Reverend Jay McCoy Pastor, Discovery 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 SESSION September 4, 2018 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. RESOLUTION HURRICANE MATTHEW LONG TERM RECOVERY GROUP Melissa Zibutis, Volunteer Resources Coordinator 2. PRESENTATION—BOARD OF DIRECTORS SISTER CITIES ASSOCIATION OF VIRGINIA BEACH (SCAVB) Carolyn Garrett, President btu B£qc C =o y5 i%;- s° 'm„-..ran e RESOLUTION WHEREAS: On October 8, 2016, Hurricane Matthew made landfall in South Carolina. Moving north, Matthew added 14 to 18 inches of rain in less than 12 hours on top of an already saturated Virginia Beach; WHEREAS: In Virginia Beach 2,200 homes were damaged by the rain associated with Hurricane Matthew; WHEREAS: Voluntary Agencies immediately joined forces with the City of Virginia Beach in an effort to help residents in need of assistance; WHEREAS: The unmet needs of an entire apartment complex as well as 560 single family residences were assisted by the Hurricane Matthew Long Term Recovery Group; WHEREAS: Muck and Gut operations began in neighborhoods led by Operation Blessing,Inc.,Southern Baptist Disaster Relief Team Rubicon and United Methodist Committee on Relief WHEREAS: As time went on, the United Methodist Conference aka UMCOR took the reins and brought on additional voluntary agencies to continue the long term recovery effort; WHEREAS: Catholic Charities coordinated Disaster Case Management; WHEREAS: The Foodbank of Southeastern Virginia and Eastern Shore assisted with food replenishment; WHEREAS: Habitat for Humanity helped provide furniture and materials; WHEREAS: Southern Baptist Disaster Relief and Team Rubicon assisted UMCOR on various worksites; WHEREAS: The Salvation Army of Hampton Roads Area Command assisted with replacing household goods and furniture; WHEREAS: The United Way of South Hampton Roads signed on as the Fiscal Agent managing all the grants and donations given to the relief effort; WHEREAS: Volunteer Hampton Roads assisted with Volunteer Recruitment; WHEREAS: St.Luke's United Methodist Church donated their space as a Volunteer Reception Center and Head Quarters for the Disaster Relief Effort; WHEREAS: Local Leadership from various United Methodist Church coordinated and recruited Volunteers from across the country,assisted with Case Management and led the entire Construction effort on each home; WHEREAS: More than 5,000 volunteers from all over the country have come to Virginia Beach to help survivors rebuild; WHEREAS: Volunteers represented all ages,backgrounds and experience levels donating more than 37,000 hours of service to the effort valuing$915,000 to Virginia Beach residents; WHEREAS: A very special thank you to the following individuals for their service and leadership: Robert Pihlcrantz-United Methodist Church.Shannon DS Kane-Virginia Beach City Council,Melissa Zibutis—City of Virginia Beach, Robert Williams- Southern Baptist Convention, Bill Reid- United Way, Chris Tann- Catholic Charities,Chuck Rowley-United Methodist Church,Janet More(Volunteer Coordinator)-United Methodist Church, Susan Pleasants - Volunteer Hampton Roads, Ellen Comstock - United Methodist Church, Bob Bledsoe - Team Rubicon. Virginia Beach Public Library Therapy Dog Program and the Virginia Wesleyan University Interns working alongside Michele Michaelian-United Methodist Church,for the past two years. NOW; THEREFORE,BE IT RESOLVED: The City Council pauses its deliberations to pay tribute to these dedicated community leaders by expressing gratitude for their assistance to those affected by Hurricane Matthew. BE IT FURTHER RESOLVED:That this Eighteenth day of September Thousand Eighteen be celebrated as: HURRICANE MATTHEW LONG TERM RECOVERY GROUP DAY Adopted by the City Council of the City of Virginia Beach,Virginia,this 18'"day of September,2018 Council'Lady yorca P.a66ott Councilman 9tp6rrt 51"rgo6"Dyer Councilman;N.Brnjanun<Davenport Council Lady 5Bar6ara W.Nm(ry Councilman Sohn O.Noss Council Lady Shannon 2S Kane Councilman loin E.'Uhrin Council Lady Rpsrmary S4dron Tice Mayor lames L.wood ;H yer Louis K,lona I. PUBLIC COMMENT 1. 2019 LEGISLATIVE AGENDA J. PUBLIC HEARING 1. LEASE OF CITY PROPERTIES - Little League a. 2513 Shorehaven Drive- Great Neck Baseball League, Inc. b. 952 Reon Drive- Kempsville Borough Boys Baseball, Inc. c. 586 North Lynnhaven Road - Boys Baseball of Lynnhaven, Inc. d. 632 Firefall Drive - Virginia Beach Little League, Inc. e. 3332 Northgate Drive - Plaza Little League, Inc. n<, rc ,1� r'J PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday,September 1.8,2018,at 6:00 p.m. in Council Chambers, City Hall-Bldg.#1,at the Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public comment on the proposed lease of the following City Park Properties for Little League operations: 1) 11.77+/-acres at 2513 Shorehaven Dr.(Part of GPIN 1499-60-8184) 2) 6.25+/-acres at 952 Reon Dr. (Part of GPIN 1456-63-8279) 3) 15.8+/-acres at 586 N. Lynnhaven Rd.(GPIN 1487-99- 8119) 4) 15.1+/-acres at 632 Firefall Dr.(Part of GPIN 2425-31-1625) 5) 12.0+/-acres at 3332 Northgate Dr.(Part of GPIN 1486- ;) 75-8250) If you are physically disabled or visually impaired and need \i assistance at this meeting,please call the CITY CLERK'S OFFICE at 385-4303;Hearing impaired,call 71.1. (Virginia Relay -Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Department of Parks and Recreation, ATTN: Rick Rowe, 2154 Landstown Road, Virginia Beach, VA 23456, (757) 385- 1120. All interested parties are invited to attend. Amanda Barnes,MMC City Clerk BEACON:September 9.2018 K. ORDINANCES/RESOLUTION 1. Ordinance to CONFIRM the Declaration of a Local Emergency re Hurricane"Florence" 2. Ordinance to AUTHORIZE the City Manager to EXECUTE five (5) Leases for the use of City Park properties re Little League operations: a. 2513 Shorehaven Drive Great Neck Baseball League, Inc. b. 952 Reon Drive Kempsville Borough Boys Baseball, Inc. c. 586 North Lynnhaven Road Boys Baseball of Lynnhaven, Inc. d. 632 Firefall Drive Virginia Beach Little League, Inc. e. 3332 Northgate Drive Plaza Little League, Inc. 3. Ordinance to AUTHORIZE a Cooperative Agreement between City Council and School Board re legal services to the School Board and Administration by the Office of the City Attorney for FY 2019 4. Ordinances to ACCEPT and APPROPRIATE Grant Funds from Virginia Department of Motor Vehicles (DMV) to Police and AUTHORIZE an In-Kind Grant Match: a. $48,000 re DUI Enforcement b. $52,000 re Seat Belt Enforcement 5. Ordinance to APPROPRIATE $54,424 of Fund Balance from the Police Federal and State Seized Assets Special Revenue Fund re expenses during an investigation 6. Resolution to REFER an Ordinance to AMEND Sections 102, 111, 401, 501, 601, 901, 1110,1125, 1521 and 2203 of the City Zoning Ordinance (CZO) and Section 5.2 of the Oceanfront Resort District Form-Based Code re Definitions, Requirements and Use of Home Sharing and Short Term Rentals to the Planning Commission �'QG C, 7 2 4= is w CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Confirming the Declaration of a Local Emergency Due to Hurricane Florence MEETING DATE: September 18, 2018 ■ Background: State law authorizes the local director of emergency services to declare the existence of a local emergency. City Code § 2-411 provides that the City Manager is the City's Director of Emergency Management. On September 10, 2018, effective at 12:00 p.m., the City Manager issued a declaration of local emergency in response to the potential damage caused by Hurricane Florence. The City Manager's declaration authorizes City agencies to take all reasonable actions necessary to protect the health and safety of Virginia Beach citizens from the damaging effects of Hurricane Florence. • Considerations: Virginia Code § 44-146.21 requires that the City Council confirm the declaration of local emergency. That Code section also provides that City Council shall take appropriate action to end the declared emergency once all necessary emergency actions have been taken. Because additional City actions are necessary, this ordinance confirms the declaration of emergency but provides that City Council at a subsequent meeting will adopt an ordinance to end the declared emergency once the City Council has concluded that all necessary emergency actions have been taken. • Public Information: This ordinance will be advertised in the same manner as other Council agenda items. • Attachments: Ordinance and Declaration of Local Emergency Recommended Actio . proval City Manager: NI 101 ota►t • 1 AN ORDINANCE CONFIRMING THE DECLARATION OF A 2 LOCAL EMERGENCY DUE TO HURRICANE FLORENCE 3 4 WHEREAS, Virginia Code § 44-146.21 authorizes the local director of 5 emergency management to declare the existence of a local emergency, subject to 6 confirmation by the governing body; 7 8 WHEREAS, in conformity with the Commonwealth of Virginia Emergency 9 Services and Disaster Law of 2000 (Virginia Code § 44-146.13 et seq.), City Council, by 10 adoption of §§ 2-411 through 2-413 of the City Code, created the Office of Emergency 11 Management and appointed the City Manager as the Director of Emergency 12 Management; 13 14 WHEREAS, in response to the severe damage caused by Hurricane Florence, 15 the City Manager, as the Director of Emergency Management, issued a Declaration of 16 Local Emergency on September 10, 2018, effective at 12:00 p.m.; and 17 18 WHEREAS, citizens continue to struggle with the devastating aftermath of the 19 event, and the City continues to take actions to address the emergency. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 22 OF VIRGINIA BEACH, VIRGINIA: 23 24 1 . That, pursuant to Virginia Code § 44-146.21, the City Council hereby 25 confirms the Declaration of Local Emergency issued by the City Manager on September 26 10, 2018, a copy of which is attached hereto and incorporated by reference; and 27 28 2. That the City Council will adopt an additional ordinance during a future 29 meeting to end the declared emergency once the City Council has concluded that all 30 necessary emergency actions have been taken. Adopted by the Council of the City of Virginia Beach on the day of , 2018 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: A)A44. City Manager's Office City Attorney's Office CA14530 R-1 September 10, 2018 DECLARATION OF LOCAL EMERGENCY I,the undersigned, as City Manager and Director of Emergency Management for the City of Virginia Beach, find the imminent threat of severe wind, heavy rain and flooding forecasted and the very real possibly of power outages, along with the loss or interruption of vital City services posed by Hurricane Florence to be of sufficient severity and magnitude to warrant coordinated local government action to prevent or alleviate any potential damage, loss, hardship or suffering. Therefore, pursuant to Code of Virginia § 44-146.21,as amended,I hereby declare the existence of a Local Emergency in the City of Virginia Beach beginning September 10,2018 at 1200 hours. In accordance with this Declaration,the Office of Emergency Management and all other appropriate City agencies are hereby vested with, and authorized to carry out, all powers, duties, and functions prescribed by State and local laws, rules, regulations, and plans as may be necessary to adequately and appropriately response to said Local Emergency. David L.Hansen,City Manager& Director of Emergency Management 9* /°. .oe lapo \ (Date) iEi <V S, <<4w,li f .;il" CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize the City Manager to Execute Five (5) Leases for the Use of City Park Properties for Little League Operations MEETING DATE: September 18, 2018 Background: The City of Virginia Beach (the "City") owns the following properties ("Park Properties") and previously entered into leases with the following five (5) Little League organizations: 1) 11.77+/- acres at 2513 Shorehaven Dr. (Part of GPIN 1499-60-8184) to Great Neck Baseball League, Inc. 2) 6.25+/- acres at 952 Reon Dr. (Part of GPIN 1456-63-8279) to Kempsville Borough Boys Baseball, Inc. 3) 15.8+/- acres at 586 N. Lynnhaven Rd. (GPIN 1487-99-8119) to Boys Baseball of Lynnhaven, Inc. 4) 15.1+/- acres at 632 Firefall Dr. (Part of GPIN 2425-31-1625) to Virginia Beach Little League, Inc. 5) 12.0+/- acres at 3332 Northgate Dr. (Part of GPIN 1486-75-8250) to Plaza Little League, Inc. The Park Properties have been utilized to conduct youth baseball league operations and tournaments for many years. The previous leases expired on September 1, 2018, and the Little League organizations desire to enter into new leases for the same purpose. The term of each lease would be for not more than five (5) years. The Little League organizations would pay no rent for use of the Park Properties, but would continue to be responsible for all maintenance, trash removal, utilities and related services as necessary for the operation of Little League activities. Considerations: All the Park Properties have been used for Little League purposes for a number of years. Approval of these lease agreements would simply continue these relationships and support community youth Little League activities. • Public Information: The public hearing was advertised in The Virginian-Pilot and included in the advertisement of the City Council Agenda. Additionally, Parks and Recreation staff consistently communicates with the Civic Associations and the Little League board members regarding their operations. Recommendations: Approval Attachments: Ordinance Summary of Terms Location Maps (5) Recommended Action: Approval Submitting De(partm t/A,ency: Department of Parks and Recreation /II City Manager:, 1 AN ORDINANCE TO AUTHORIZE THE CITY 2 MANAGER TO EXECUTE FIVE (5) LEASES FOR 3 THE USE OF CITY PARK PROPERTIES FOR 4 LITTLE LEAGUE OPERATIONS 5 6 WHEREAS, the City of Virginia Beach (the "City") owns the following properties 7 (the "Park Properties"), which have been leased to the following Little League 8 organizations for numerous years: 9 10 1) 11.77+/- acres at 2513 Shorehaven Dr. (Part of GPIN 1499-60-8184) 11 to Great Neck Baseball League, Inc. 12 13 2) 6.25+/- acres at 952 Reon Dr. (Part of GPIN 1456-63-8279) to Kempsville 14 Borough Boys Baseball, Inc. 15 16 3) 15.8+/- acres at 586 N. Lynnhaven Rd. (GPIN 1487-99-8119) to 17 Boys Baseball of Lynnhaven, Inc. 18 19 4) 15.1+/- acres at 632 Firefall Dr. (Part of GPIN 2425-31-1625) to 20 Virginia Beach Little League, Inc. 21 22 5) 12.0+/- acres at 3332 Northgate Dr. (Part of GPIN 1486-75-8250) to 23 Plaza Little League, Inc. 24 25 WHEREAS, the previous leases expired on September 1 , 2018, and the above 26 listed Little League organizations desire to continue leasing the Park Properties for their 27 youth league operations and tournaments; 28 29 WHEREAS, the leases would each be for a term of not more than five (5) years, 30 with conditions as set forth in the Summary of Terms attached hereto as Exhibit A and 31 made a part hereof; and 32 33 WHEREAS, City staff recommends approval of the leases and continues to 34 support the community's youth Little League operations. 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 37 VIRGINIA BEACH, VIRGINIA: 38 39 That the City Manager is hereby authorized to execute a lease for a term of not 40 more than five (5) years, for each of the five (5) Little League organizations identified in 41 the recitals above, in accordance with the Summary of Terms, attached hereto as Exhibit 42 A, and made a part hereof, and such other terms, conditions or modifications as may be 43 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 44 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 46 , 2018. APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: M4s1n City Attorney Dept. ofand Recreation CA14403 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d028\p028\00499164.docx R-1 September 5, 2018 EXHIBIT A SUMMARY OF TERMS LEASES OF CITY PARK PROPERTIES FOR LITTLE LEAGUE OPERATIONS LESSOR: City of Virginia Beach ("City") LESSEES AND PREMISES: 1) Great Neck Baseball League, Inc. / 11.77+/- acres at 2513 Shorehaven Drive (Part of GPIN 1499-60-8184) 2) Kempsville Borough Boys Baseball, Inc. / 6.25+/- acres at 952 Reon Drive (Part of GPIN 1456-63-8279) 3) Boys Baseball of Lynnhaven, Inc. / 15.8+/- acres at 586 N. Lynnhaven Road (GPIN 1487-99-8119) 4) Virginia Beach Little League, Inc. / 15.1+/- acres at 632 Firefall Drive (Part of GPIN 2425-31-1625) 5) Plaza Little League, Inc. / 12.0+/- acres at 3332 Northgate Drive (Part of GPIN 1486-75-8250) TERM: September 1 , 2018 through August 31, 2023 RENT: N/A USE: Premises will be utilized for the purpose of operating youth Little League activities and for no other purpose. RIGHTS AND RESPONSIBILITIES OF THE LESSEES: • Pay for all utilities, trash removal, grounds maintenance, repairs and other related services necessary for the operation of leased Premises. • Indemnify and hold harmless the City for any and all damages to persons or property caused by any act or omission of the Lessees or their agents associated with the use of the Premises. Maintain general liability insurance coverage as required. • Obtain all necessary permits, and pay all applicable taxes and fees in connection with the use of the Premises. • Comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. RIGHTS AND RESPONSIBILITIES OF LESSOR: • Access to the Premises at any time, without prior notice, in the event of an emergency. TERMINATION: • The City may terminate the Lease for any reason upon 120 calendar days prior written notice. ` 1 �.,_ � ;.. yam I ` • ..r' .. 1 + \• X51 '�! A _______ ____„„,- lii*o *_ c # O ,.,..- , . ..•.N.,.—. ` .. _ 0 0, 4 '- y ,;„ ., • err .. ' ....! .. ,, . , , . •• ft .-.�< i t' ...-'4:.'* '' ''‘'*1 ..4.,e_ . r ..... , ... ...s__ , _, , , , ,. . __,, . ., .._ , ., . , ,_,_ , _,_ _ . ,, , \ . ,..„ ,,,_ . .„ . , .._ ,„ • .... ,. _ „,... ,......, ..,.V tsi,..r v. • I . L1 \ 11 ..-.. . At • P -� a • 0 • A r .:41 -viCliz7111,0,10 r.‘liv e ,,,_ °r CehaNi Sh° N 0 50 100 200 300W`1 E Nos Feet s Great Neck Baseball League, Inc. Legend ��; f � Lease Property Exhibit (11 .77 Acres) �....... Portion of Great Neck Park : Lease Property 2513 Shorehaven Dr., Virginia Beach, VA Property Lines GPIN: 1499-60-8184 ' I 1_ e a, .. k ip , ,'4.." A� .. , 100 • 14— _ _ 0 e I I -r ❑ - 1 .. 4 _ h co • J 0 4 • . mi . ' , , . To i - — , --:s ,,, , , ...,.._ . ,.. . . . „ . .fli, ,,,, .... _ . ‘.. . , 1 1 . . . - -: t, , s ftz,P.„' , ,. _. , CC" = r o. . :__ , —___ ,),, , e CI ///f 4 ��,. == Ill Feet 0,%_E J�...'',;S'. ..- . - , 0 50 100 200 300 W nw Kempsville Borough Boys Baseball, Inc. Lease Property Exhibit (6.25 Acres) Legend ',E' . is r as y fir Portion of Providence Park Lease Property 952 Reon Drive, Virginia Beach, VA Property Lines GPIN: 1456-63-8279 I \ / . • • .1. , •`•4••.' N )\ \__. . a , 4ielp 311, • . •,‘.. I., . ... . .. .. .. .. ..... ... .4, . ,. ....... • . ...... , . -. . /• .--- ,;,.. . •.... % 4 .••• .• • .• . ..iP. . 0," _gr.. • .• • ' -viikt. ..••\s,.., 1 . . • ..,.. . • 11 . \ , ..,, ...• •••' ,: .••••••••• .' 414i •:"..- .. ., .- 4 • • ,. .. • • • • ,.. )• • ..„1- • ••' •• ,•••• . • i ••••• •'/. • • -' 1••'4 t's'l 1.: • • "'IA:, ,• .1.•• . .. • r • • 04`.. • • - . • IN • ....k, ..• a „., • .• • • • ,. -4. . . .• . • , .„,o, _•.,,,, -;.....4.„ ,,,,• . - ‘S. -2'4 , 41110' - • . • 114* , ,la • 1 ••,,,, ••• •; • '• % • , •I ' - •'•••`: , • • 3, ' • ` N•I 4411,111.is, **It. '',.• .' .4 , ',.'‘ ‘ 4i/- '4 v .. • •b. -1.' ir- • . , . , • • • .•"••.. . .•• • ... • ."•-.., , .• • • . .• 1,,,, 4;. ..•• ••.,.. ••••.,.••• • 414 i" tc. At 111111111./ .. - 4.4tt„ •ir\.E.) NI ---,-110, . ..,... • ). 's•---i" _ ‘ N • 0 75 150 300 NV Feet s . , •g 4 116. grAFP:=4_4-,„ fe, , ) Boys Baseball of Lynnhaven, Inc. Legend v1/4 / ..,, Lease Property Exhibit (15.8 Acres) ........ . : Lease Property dEMOOMP 586 N. Lynnhaven Rd., Virginia Beach, VA a GPIN: 1487-99-8119 Property Lines , iSand Lake • u _. - i i ti J -.43• „, Pl...1 t fT *F r U „ -1 -11111 lit e It 222222 " 'ten, . t ikR 'I • .4;V' ti. , Art* • i F='_ * _ !p "N tits , , * _ P ` ...• ill . ‘re{a e , y - m — Feet N y E 0 50 100 200 300 Virginia Beach Little League, Inc. .x°44.. Legend �` Lease Property Exhibit (15.10 Acres) g __ } l v =.k^ �l Portion of Ocean Lakes Park di '` "yr ■ Lease Property 632 Firefall Drive, Virginia Beach, VA Property Lines GPIN: 2425-31 -1625 1 ..,_ , , r 1 li I 0, , , 1 ' -' . .A04,(r?.-..461. -,* -.el / j , :"Irt, -, m it + 3, i ,i`? ` , 1 + ; ' ,` ,ems ?A ,t 1 1 , l i f "`i--,p-7.-4. . p , - - +;t:llammitimmimmi 4 _," f ;! ' r ' - r , , "" �y klr P , }!C i & Zf„ V. I.I e„ s • "'`C" _ - 1 -fir. 1 , :.:, - 'a t Pe J 17i +' i 1 7 s 4114 .,' •.' r ~ + f�- 1 1 -¢ t J ii ."'"' .4• y 4 r 1, f , n1.1' - ;'' lr fx e �` e g, 44 x -41 , ' / f 011 r ice, . ,a. S by I i r. *mop r -..,- '''''' .1,%', . N y N. i s �., k; to mit 1 X*I j y, d�lik rte. �, } � .: " ~ t i = Plaza Little League, Inc 0 200 400 Lease Property Exhibit (12 Acres) Scale: 1" = 200' ....,,,,,,,INe, Portion of Plaza Northgate Park � 3332 Northgate Drive, Virginia Beach, VA City of Virginia Beach`__,. . GPIN: 1486-75-8250 Parks and Recreation ,, .. Virginia Beach APPLICANT'S NAME Great Neck Baseball League, Inc. 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. 4 SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Plannin.. Commission and City Council meeting that pertains to the application(s). o APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: • REVISIONS SUBMITTED DATE 1:1 Check here if the APPLICANT IS NOT a corporation, pa f Erni, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. &.4/ e-ke-S(A) List the Applicant's name:_C. .�'_L:.4- _ 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) 1144-6-'614"t (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 4 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. l l Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. viv (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 •A—+=e'a' "rte _ „F.. _ 040. BCE 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 § 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 I YES I NO SERVICE PROVIDER( '"rt • 1 sheets if needed) �/ I ./I1=1 Accounting and/or preparer of 1 your tax return J�' �f Y' �, 171 Architect / Landscape Architect/ Land Planner Gt5 Aeajgel ligalfriffill Contract Purchaser (if other than Elthe 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) LI [ Construction Contractors O E/ Engineers / Surveyors/Agents Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services Real Estate Brokers / 111 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 ❑ ; an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of t e offi i or m to ee and what 'ys the ature of the interest? C.-11, r ;5 a r� p v 5 Z U'©rq�f-/— of, (Az-eitie- _ lt/�e� 44 s 6 L 3nt 6 g Cbs6 Page 4 of 7 y. z .F 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. • � 4,1„ Victor Bakkar, Preside At- APP (CANT'S SIGNATURE PRINT NAME !/t c t DATE Page 5 of 7 OWNER YES NO SERVICE 1 PROVIDER (use additional sheets if J needed) [ 1Ell Accounting and/or preparer of 1 your tax return Architect/ Landscape Architect / Land Planner Contract Purchaser(if other than C El the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed r purchaser of the subject property (identify purchaser(s) and purchaser's service providers) CConstruction Contractors Engineers / Surveyors/ Agents Financing (include current CC mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Cl 1 Legal Services Real Estate Brokers / ❑ 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 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 � Ee�' ' .=.s` , ; ' * � 4Td eAa xf`1 � ,•w t � � �� .,.,a < c / Pte' •4y;!rE3. 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, VRDA meeting, or meeting of any public body or committee in connection with this A• •Iication. PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 2018 ANNUAL REPORT 218102553--6/29/201f COMMONWEALTH OF VIRGINIA N STATE CORPORATION COMMISSION Jl.•' `i:::;; '!:'! 03 llllllp�lflllllfllllllllI lllIUIIIIiIU N 1. CORPORATION NAME: 2018 JUN 29 10. 5 I.f1 GNBL,INC. " DUE DATE: 06/30/18 VI W 2. VA REGISTERED AGENT NAME AND OFFICE ADDRESS: ATTY. SCC ID NO.: 0466978-4 PATRICK C.DEVINE,JR. 1700 DOMINION TOWER 999 WATERSIDE DRIVE S. STOCK INFORMATION NORFOLK,VA 23510 CLASS AUTHORIZED 3. CITY OR COUNTY OF VA REGISTERED OFFICE: 212-NORFOLK CITY 4. STATE OR COUNTRY OF INCORPORATION: VA-VIRGINIA DO NOT ATTEMPT TO ALTER THE INFORMATION ABOVE. Carefully read the enclosed instructions. Type or print in black only. 6. PRINCIPAL OFFICE ADDRESS: Mark this box if address shown below Is correct If block incorrecthe left is blank or contains data please add or correct the add ess below. ADDRESS: P O BOX 3004 ADDRESS: CITY/ST/ZIP VIRGINIA BEACH,VA 23454 CITY/ST/ZIP 7. DIRECTORS AND PRINCIPAL OFFICERS: All directors and principal officers must be listed. An individual may be designated as both a director and an officer. mins Mark appropriate box unless area below is blank: If Ih5 block to the tett is bbnk or contains incorrect data,please mark appropriate box and enter information below: 0 correction Addition Reply ement I:dormatkmincorrect correct 0 Information is rrect t(i Delete information OFFICER ® DIRECTOR ® OFFICER (a DIRECTOR El NAME: MICHAEL K MORREIM NAME: VICTOR BAKKAR TITLE: PRESIDENT TITLE: PRESIDENT ADDRESS: 2114 WAKE FOREST ST ADDRESS: 1408 NORTH WOODHOUSE ROAD CITY/ST/ZIP: VIRGINIA BEACH,VA 23451 CITY/ST/ZIP: VIRGINIA BEACH, VA 23454 I affirm that the information contained in this report is accurate and corn tete s of the date below. Vc bo.Jc-1666,2-. /2-4,/ SIGNATURE OF DIRECTOR/OFFICER PRINTED NAME AND CORPORATE TITLE DATE LISTED IN THIS REPORT It is a Class 1 misdemeanor for any person to sign a document that is false in any material respect with intent that the document be delivered to the Commission for filing. 2018 ANNUAL REPORT CONTINUED 218102553--6/29/201E CORPORATION NAME: DUE DATE: 06/30/18 00 GNBL, INC. SCC ID NO.: 0466978-4 1.6 a All directors and principal officers must be listed. V� 7. DIRECTORS AND PRINCIPAL OFFICERS: (continued) An individual may be designated as both a director and an officer. • Mark appropriate box unless area below is blank: If the black to the left Is blank or contains incorrect data.please mark appropriate 0 Information is Donee ❑ Information is fncorreCf ❑ Delete information box and enter ittormat/en below: p Correction p Addition ❑RepSacemern OFFICER ® DIRECTOR ® OFFICER ® DIRECTOR na NAME: LINDSEY COMFORT NAME; CLINT WARREN TITLE: 2ND VP TITLE: 2ND VP ADDRESS: 2213 SANDLEWOOD ROAD ADDRESS: 1828 SHERINGHAM WEST CITY/ST/ZIP: VIRGINIA BEACH,VA 23451 CITY/ST2IP: VIRGINIA BEACH, VA 23454 Mark appropriate box unless area below is blank: If the block to the left is blank or contains Incorrect data,please mark appropriate [4information Information is correct 0 Information is incorrect 0 Delete infoation box and enter Information below: ❑Correction 0 Addition 0 Replacement OFFICER ® DIRECTOR (2 OFFICER ❑ DIRECTOR ❑ NAME: BRUCE RUDDOCK NAME: TITLE: 1ST VP TITLE: ADDRESS: 2217 SCALLOP RD ADDRESS: CITY/ST/ZIP: VA BCH,VA 23451 CITY/ST/ZIP: Mark appropriate box unless area below is blank: li the block to the tett Is blank or Contains Incorrect data,please mark appropriate box 150 Information is correct ❑ Information is incorrect ❑ Delete information and enter information below. ❑Correction ❑ Addition 0 Replacement OFFICER 0 DIRECTOR ® OFFICER 0 DIRECTOR ❑ NAME: DIANA BARRETT NAME: 0011225 TITLE: TREASURER TITLE: ADDRESS: 315 24TH ST#220 ADDRESS: CITY/ST/ZIP: VA BCH,VA 23451 CITY/ST/ZIP: Mark appropriate box unless area below is blank: If the block to the left is blank or contains incorrect data,please mark appropriate Information is correct ❑ Information is Incorrect ❑ Delete information box and enter information below: p Correction ❑ Addition ❑Replacement OFFICER ® DIRECTOR ® OFFICER 0 DIRECTOR ❑ NAME: TANYA SICRE NAME: TITLE: SECRETARY TITLE: ADDRESS: 102 MORRISON AVENUE ADDRESS: CITY/ST/ZIP: VA BEACH,VA 23454 CITY/ST/ZIP: Gall., Virginia Beach = APPLICANT'S NAME Kempsville Borough Boys Baseball, Inc. 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 I Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Appeals Encroachment Request Rezoning 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. 4 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). Q APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: Q REVISIONS SUBMITTED DATE: \53cxya Virginia • 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 na : If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) A44-8,0A4 (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. 111 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. II � \ , -�c �" (A) List the Property Owner's name:_L1' v 1`�t(Nt !;( �� -6d'1 If an LLC, list the member's names: Page 2 of 7 %., .''Ayc#a'''fx .:>;1✓"xw.'t'iFJsT y, Y h C3:"Of * + 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 entityrelationship" means "a relationship, other than p. 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 § 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: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT "i►A aeeeh YES NO SERVICE PROVIDER bus.additions/sheets K needed) ❑ ® Accounting and/or preparer of your tax return ❑ Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser of other tin g the Anglican')-Identify purchaser and purchaser's service providers Any other pending or proposed ❑ purchaser of the subject property (IdentBy purchaser(s)end purchaser's service providers) Construction Contractors moo Engineers/Surveyors/Agents Financing (Include current SI mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ [' Legal Services Real Estate Brokers/ ❑ ( '1 Agents/Realtors for current and �t 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 ❑ 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? }�rApI Lit. Pon da,..:.,.�:. 6 - IC - r8 Page 4 of 7 W( �t�h tr J'► l GryG 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. John Shipp, President 316%)6j lg APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 OWNER V rrgfnia Beach YES NO SERVICE PROVIDER (use addittona)sheets if needed) E n Accounting and/or preparer of 1 I your tax return n n Architect / Landscape Architect/ Land Planner Contract Purchaser (if other than Lthe 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 EEngineers / Surveyors/Agents Financing (include current F---1 mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) CLegal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject_property 4 1 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have t , F- an interest in the subject land or any proposed development (_J 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 (4rw *+ 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. Y PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 218512217 SCC eFile 2018 ANNUAL REPORT 218512217 COMMONWEALTH OF VIRGINIA STATE CORPORATION COMMISSION 1.)CORPORATION NAME: DUE DATE:3/31/2018 KEMPSVILLE BOROUGH BOYS BASEBALL, INCORPORATED SCC ID NO:01736933 2.)VA REGISTERED AGENT NAME AND OFFICE ADDRESS: 5.)STOCK INFORMATION INCORP SERVICES, INC. CLASS AUTHORIZED 7288 HANOVER GREEN DRIVE MECHANICSVILLE,VA 3.)CITY OR COUNTY OF VA REGISTERED OFFICE: HANOVER COUNTY 4.)STATE OR COUNTRY OF INCORPORATION: VA 6.)PRINCIPAL OFFICE ADDRESS: ADDRESS: 7288 HANOVER GREEN DRIVE CITY/ST/ZIP: MECHANICSVILLE,VA 23111 7.)DIRECTORS AND PRINCIPAL OFFICERS: All directors and principal officers must be listed.An individual may be designated as both a director and an officer. X OFFICER I i DIRECTOR NAME: JOHN SKIPP TITLE: PRESIDENT ADDRESS: 4104 WINDSOR GATE PL. CITY/ST/ZIP/CO: VIRGINIA BEACH,VA 23452 IOFFI1 CERDIRECTOR NAME: DONALD SPAMER TITLE: TREASURER ADDRESS: 1824 SUMMERHEDGE CLOSE CITY/ST/ZIP/CO: VIRGINIA BEACH,VA 23456 I AFFIRM THAT THE INFORMATION CONTAINED IN THIS ELECTRONIC REPORT IS ACCURATE AND COMPLETE AS OF THE DATE BELOW AND THAT I AM LEGALLY AUTHORIZED TO SIGN THIS REPORT. /s!JOHN SKIPP JOHN SKIPP, PRESIDENT 3/21/2018 SIGNATURE OF DIRECTOR/OFFICER PRINTED NAME AND CORPORATE DATE LISTED IN THIS REPORT TITLE It is a Class 1 misdemeanor for any person to sign a document,which includes this electronic record,that is false in any material respect with the Intert that the document be delivered to the Commission for filing. ,x x Virginia Beach APPLICANT'S NAME Boys Baseball of Lynnhaven, Inc. 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, 4 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. REVISIONS SUBMITTED DATE: r�. Check here if the APPLICANT IS NOT a corporation, pa - irm, business, or other unincorporated organization. IZCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. I / (A) List the Applicant's name:___ /; S tet'9a-(l —7011 n4- v' r�C 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) (B) List the businesses that have a parent-subsidiary / or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 4 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n 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. C1 _01- uLl�[tYtld. �U1.dil (A) List the Property Owner's name: __~__ If an LLC, list the member's names: Page 2 of 7 - 7 fm lC"t 2't F Y Vtg ] If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (S) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 6(- 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 i s otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. t 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 7 Ilka APPLICANTaa asmcb YES NO I SERVICE PROVIDER teseaddhiond shorts If Needed) 0 L21 Accounting and/or preparer of your tax return ❑ 2/ Architect/Landscape Architect/ Land Planner — 2 Contract Purchaser(ff others l(gnt)-identify purchaser and purchasers service providers Any ntirer pending or proposed Elpurchaser of the sudect property pdendfy purchasers)and purchasers service providers) El construction Contractors To►nsmyBryarYr —ru+-+,rc..rcac tt_Cbns♦uchisvf- Ke.,1th 4ir r - Ai-t_ Aurfi,wrrtic-S Engineers/Surveyors/Agents Financing(Ind ede current ❑ 127 mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) • ❑ Er Legal Services Real Estate Brokers / El Agents/Realtors for current and anticipated future sales of the kt2,44subject property i K 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 1:23 an on the subject public action? If yes,what is the name of the official or employee and what Is the nature of the Interest?al u(2 ��n0y s sok Ci if_) Lynn Page 4 of 7 :11-, 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. � _ J Stephen ClarkePresident VC/fir APPL AN S SIGNATURE PRINT NAME DATE Page 5 of 7 OWNER Virginia Beau. YES NO SERVICE ! PROVIDER (use additional sheets if I needed) n Accounting and/or preparer of — I I your tax return n ri Architect/ Landscape Architect/ Land Planner ❑ Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed C C purchaser of the subject property (identify purchaser(s) and purchaser's service providers) CConstruction Contractors (� Engineers /Surveyors/ Agents f ' Financing (include current n n mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) CC Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property 4 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 q i ?_ 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 LBB Board Of Directors Executive Board Lea•ue President Ste•hen Clarke 757-438-8651 I nnhaven•res• •mail.com Lea•ue Vice President Jer Barnes 757-839-1672 nnhavenvice•res• •mail.com - -t. Aman.. H tto n 757-513-6156 kw.m .9• • hotma- •n T -. - Al . B • - 8-1 3 . lizawall1111111 Plater Agents T-Ball Margaret Foltz 757-739-8223 1'nnhaventball =mail.com Pinto Michelle Wickman Ibb•intoa•ent •mail.com Mustan• Bronco Tara St Clair Ibbmustan.a.ent• •m il.com Pon / Colt/ Palomino Open Position Division Directors Shetland/ Pinto Eric Fink Ibb•intodirecto • •mail.com Mustan•/ Bronco Tim Brinn 757-472-7705 lbbmustan•directo '•mail.corn Pon' / Colt Chris Bufis 757-450-6608 Ibb•in director• •mail.com Palomino 0•en Position Division Vice Directors Shetland/ Pinto 0•en Position Mustan•/Bronco Olen Position Pon / Colt Ken Hutton 757-761-8351 avalec@msn.com Palomino Dave Fall 757-985-6063 fourfalls@verizon.net At Large Members At Lar•e Michelle Exum 757-469-9757 lbb•res@•mail.com At Lane David Bowen boatsfi•hter73@aol.com At La •e John Hewes USNBoats2001@ ahoo.com Other Members Equi•ment Director Je Barnes 757-839-1672 cfd589!w- ail.com Maintenance Director Tomm B ant 757-621-4854 trock ivverizon.net Field Director Keith Hinson 757-450-6279 keith.hinson@verizon.net Fund Raisin. Director O.-n Position Sponsorship Director Margaret Foltz/ 757-469-9757 bblsponsorships@gmail.com Michelle Exum Public Relations/Marketin• 0.en Position Wahoos Director Michelle Exum 757-469-9757 lynnwahoos@gmail.com Web Site Administrator Open Position Social Media Administrator 0•en Position Concession Director Jennifer Clarke 727-953-5962 declarkes7@•mail.com s F. .. ; t..•,.®..ate' xN4� Virginia Beach APPLICANT'S NAME Virginia Beach Little League, Inc. 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 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, • 4 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 apnlication(s). APPLICANT NOTIFIED OF HEARING DATE: 13 NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: Ii/Bo Virginia'ma Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ZCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. . 11 (A) List the Applicant's name:Y_v_ xs-L._. A rtf11 6751--4.__ 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) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 4 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. 111 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: U-I1 0-C- V IV (x1 Eel If an LLC, list the member's tT' names: Page 2 of 7 r n Y • • Vi int i Bede I 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 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) I "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 § 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 ni4ShalWeich' YES NO SERVICE PROVIDER tea addldonal sheets M �] needed) L'9 0 Accounting and/or'emperor of (�V,y your tax return �`` ❑ 13 Architect/Landscape Architect/ Land Planner Contract Purchaser(if other tMn ❑ ihtMasai&-Identify purchaser and purchasers service providers Any other pending or proposed D purchaser of the subject property (Identify purchaser(%)and purchaser's service providers) Construction Contractors Engineers/surveyors!Agents A Financing(include current ❑ IS mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ g Legal Servkes Real Estate Brokers/ ❑ Ei' Agents/Realtors for current and antidpated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES N 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 offidal or employee and what is the nature of the interest? V I t 'n lO !b Ltt ['eeotL ell Page 4 of 7 c if G � - -4.-.<89.07,444" '4 x7 V. :WSW*" a& 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. \\� Doug Will, President C\,' ` 1 . LI NT'S SIGNATURE PRINT NAME DATE Page 5 of 7 S ae`o'n,• T-z j° vSLpA' -u 3i C „" C4,Mf OWNER • Virginia Beach YES NO SERVICE PROVIDER (use-additional sheets ifi needed) Q L 1 Accounting and/or preparer of L f your tax return Li Architect/ Landscape Architect/ Land Planner ❑ Contract Purchaser (if other than 1:17the 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) LIConstruction Contractors riEngineers/ Surveyors/Agents Financing (include current ❑ a mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) rin Legal Services Real Estate Brokers / n Li Agents/Realtors for current and f I 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 a an interest in the subject land or any proposed development 1 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 7 113 V;rginia Beach - ' CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is 11 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 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 2018 ANNUAL REPORT 218125687-8/22/201E COMMONWEALTH OF VIRGINIA is STATE CORPORATION COMMISSION IJ 03 11111110111111111111111111111111 1. CORPORATION NAME: VIRGINIA BEACH LITTLE LEAGUE,INC. DUE DATE: May 31,2018 CO 2. VA REGISTERED AGENT NAME AND OFFICE ADDRESS: ATTY SCC ID NO.: 0108565-3 ALBERT H POOLE 4705 COLUMBUS STREET VIRGINIA BEACH,VA 23462 5. TOTAL NUMBER OF AUTHORIZED SHARES: 3. CITY OR COUNTY OF VA REGISTERED OFFICE: 228-VIRGINIA BEACH CITY 4. STATE OR COUNTRY OF INCORPORATION: VA-VIRGINIA DO NOT ATTEMPT TO ALTER THE INFORMATION ABOVE. Carefully read the enclosed instructions. Type or print in black only. 6. PRINCIPAL OFFICE ADDRESS: Mark this box if address shown below is correct If the block to the left is blank or contains Incorrect data please add or correct vie address below. ADDRESS: PMB 238 ADDRESS: 2129 Genera 6caW Vet 1581-107 GENERAL BOOTH BOULEVARD S4e. !03 PM(2215 1 CITY/ST/ZIP VA BEACH,VA 23454 CITY/ST/IP da I/k'cl VA 2S'-1 SY 7. DIRECTORS AND PRINCIPAL OFFICERS: All directors and principal officers must be listed. An individual may be designated as both a director and an officer. MOPS Mark appropriale box unless area below is blank: If the block to the left is blank or contains incorrect data.please mark appropriate j box and enter Information below: r! Information is correct ❑ Information Is incorrect ❑ Delete information ❑Correction ❑ Addition ❑Replacement OFFICER ® DIRECTOR ® OFFICER ❑ DIRECTOR 0 NAME: DOUGLAS WILL NAME: TITLE: PRESIDENT TITLE: ADDRESS: 4508 THREE PINE LANE ADDRESS: CITY/ST/ZIP: VIRGINIA BEACH,VA 23457 CITY/ST/ZIP: I affirm that the information contained in this report is accurate and complete as of the date below. ( WJ,ô Q Mr 'xt (=11 T Y-eG S 'Cr $119 (c g SIGNATURE OF DIRECTOR/OFFICER PRINTED NAME AND CORPORATE TITLE DATE LISTED IN THIS REPORT It is a Class 1 misdemeanor for any person to sign a document that is false in any material respect with intent that the document be delivered to the Commission for filing. 2018 ANNUAL REPORT CONTINUED 218125687--8/22/201E N F+ CORPORATION NAME: DUE DATE: 05/31/18 00 VIRGINIA BEACH LITTLE LEAGUE, INC. SCC ID NO.: 0108565-3 N Q1 All directors and principal officers must be listed. 00 7. DIRECTORS AND PRINCIPAL OFFICERS:(continued) An individual may be designated as both a director and an officer. Mark appropriate box unless area below Is blank: If the block to the left is blank or contains incorrect data,please mark appropriate tato manor is correct ❑ Information Is incorrect 0 Delete information box and enter information below-. ❑Correction Addition ❑ 0 Replacement OFFICER ® DIRECTOR ® OFFICER ❑ DIRECTOR ❑ NAME: PATRICK DIXSON NAME: TITLE: VICE PRESIDENT TITLE: ADDRESS: 1912 HUNTS NECK COURT ADDRESS: CITY/ST/ZIP: VIRGINIA BEACH,VA 23456 CITY/ST/ZIP: Mark appropriate box unless area below is blank: h the block to the len Is blank or contains Incorrect data,please mark appropriate IntormaUon is oared ❑ Information Is incorrect Delete information box and enter information below: ❑ ❑Correction ❑ Adtiitfort ❑Replacement OFFICER ® DIRECTOR 0 OFFICER ❑ DIRECTOR 0 NAME: BARBARA ELLISON NAME: TITLE: TREASURER TITLE: ADDRESS: 1904 QUAIL HOLLOW COURT ADDRESS: CITY/STrZIP: VA BCH,VA 23454 CITY/ST/ZIP: Mark appropriate box unless area below is blank: If the block to the left is blank or contains incorrect data,please mark appropriate k»ormation is correctInformation is Incorrectbox end enter information below: ❑ 0 0 Delete krrormation p Correction p Addition 0 Replacement OFFICER 0 DIRECTOR ❑ OFFICER 0 DIRECTOR 0 NAME: NAME: TITLE: TITLE: maim ADDRESS: ADDRESS: CITY/ST/ZIP: CITY/ST/ZIP: Mark appropriate box unless area below is blank: It the block to the left Is blank or contains Incorrect data,please mark appropdate bax (] Intormation is correct o Information is Incorrect ❑ Delete information end enter information below: ❑Correction ❑ Addition ❑Replacement OFFICER ❑ DIRECTOR 0 OFFICER 0 DIRECTOR 0 NAME: NAME: TITLE: TITLE: ADDRESS: ADDRESS: CITY/ST/ZIP. CITY/ST/ZIP: w - '13 ( 11, 1, s APPLICANT'S NAME Plaza Little League, Inc. 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 ai plication(s). El APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: El REVISIONS SUBMITTED DATE Virginia Beach. 'n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. QCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization.n. (A) List the Applicant's nam • Kf�U X01-eatiS— 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) • ANttiOALS (B) List the businesses that have a parent-subsidiary.1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) 1 See next page for information pertaining to footnotes and 2 e • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n 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. ‘-4 (A) List the Property Owner's name:___( ‘(r tla, ` Ch If an LLC, list the member's names: Page 2 of 7 INB:1, — 1 PJ BP1G�1,. 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 § 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 )14 APPLICANT Vi ginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) —— ad Accounting and/or preparer of your tax return U E) Architect/ Landscape Architect/ Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed [g]❑ purchaser of the subject property (identify purchaser(s) and purchaser's service providers) 1 1 Construction Contractors Engineers / Surveyors/Agents Financing (include current r mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) I 1 IX Legal Services Real Estate Brokers / 2fAgents/Realtors for current and anticipated future sales of the subject property 4 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? Ebb)/ 11F-.0Dsz,ex5 — Pfikic.s tt.✓0 ,'£M£R7 0A)-- 1,moo.¢ ..xaF0e.41/97ia/t) Page 4 of 7 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 meeting, or meeting of any public body or committee in connection with this Ap.lication. " David Zimmerman, President e/g/je APPLICA ! SIGNATURE PRINT NT NAME DATE Page 5 of 7 • ars OWNER Virginia Beach. YES NO SERVICE [ PROVIDER (use additional sheets if needed) l l I I Accounting and/or preparer of I I your tax return riII Architect/ Landscape Architect/ I ' Land Planner Contract Purchaser (if other than I I U the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed n n purchaser of the subject property I ( I (identify purchaser(s) and purchaser's service providers) EiConstruction Contractors Efl Engineers /Surveyors/Agents Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) I I El Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ri 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 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 218033849-2/8/Q018 2018 ANNUAL REPORT la COMMONWEALTH OF VIRGINIA CO STATE CORPORATION COMMISSION immumposolomoirl ..6 1. CORPORATION NAME: t0 PLAZA LITTLE LEAGUE,INC. DUE DATE: 03131/18 2. VA REGISTERED AGENT NAME AND OFFICE ADDRESS: OFFCR. SCC ID NO.: 0107659-5 DAVID ALLEN ZIMMERMAN 1214 NEW LAND DR 5. STOCK INFORMATION VIRGINIA BEACH,VA 23453 CLASS AUTHORIZED 3. CITY OR COUNTY OF VA REGISTERED OFFICE: 228-VIRGINIA BEACH CITY 4. STATE OR COUNTRY OF INCORPORATION: VA-VIRGINIA DO NOT ATTEMPT TO ALTER THE INFORMATION ABOVE. Carefully read the enclosed instructions. Type or print in black only. 6. PRINCIPAL OFFICE ADDRESS: ❑ Mark this box H address shown below is correct it the address below. IBI Is blank m contains krcorred data please add or coned the ADDRESS: P 0 BOX 2285 ADDRESS: CITY/ST/ZIP VIRGINIA BEACH,VA 23452 CITY/ST/ZIP 7. DIRECTORS AND PRINCIPAL OFFICERS: All directors and principal officers must be listed. An individual may be designated as both a director and an officer. (.011041 Mark appropriate box unless area below is blank: lithe block to the ten is blank or contains incorrect data,please mark appropriate 0 Information Is owed ❑ Information is In orrect ❑ Delete itlormation box and erker Information below: owed Conectlon (] Addition (I Replacement OFFICER IN DIRECTOR ❑ OFFICER ❑ DIRECTOR 0 NAME: LESLIE PHILLIPS NAME: TITLE: PRESIDENT TITLE: ADDRESS: 649 BETHUNE DR ADDRESS: CITY/ST/ZIP: VA BEACH,VA 23452 CITY/ST/ZIP: I affirm that the information contained in this report is accurate and complete as of the date below. . , Avr,o A Zmv,IfeM/f.ti Sfr.4674 AV 2 -&-/15 SIG • URE OF DIRECTOR/OFFICER PRINTED NAME AND CORPORATE TITLE DATE LISTED IN THIS REPORT 2018 ANNUAL REPORT CONTINUED 218033849--2/8/018 00 m CORPORATION NAME: DUE DATE: 03131/18 PLAZA LITTLE LEAGUE,INC. SCC ID NO.: 0107659-5 00 CD All directors and principal officers must be listed. 7. DIRECTORS AND PRINCIPAL OFFICERS:(continued) An individual may be designated as both a director and an officer. Mark appropriate box unless area below is blank: If the block to the lett is blank or contains incorrect data,please mark appropriate p Information i9 correct ❑ Information Is mon; ❑ Delete information box and enter irdomration below: ❑Correction El Addition ❑Replacement OFFICER ® DIRECTOR ❑ OFFICER ❑ DIRECTOR ❑ NAME: JOSEPH LOCY NAME: TITLE: VICE PRESIDENT TITLE: ADDRESS: 3753 SILINA DR ADDRESS: CITY/ST/ZIP: VA BCH,VA 23452 CITY/ST/ZIP: Mark appropriate box unless area below is blank: It the block to the lett is blank or contains incorrect dale,please mark appropriate Q Information is correct ❑ Information is incorrectDelete Information box and enter information below: 0 ❑Correcilon O Addition Replacement OFFICER ® DIRECTOR 0 OFFICER ❑ DIRECTOR 0 t NAME: MIKE PHILLIPS NAME: TITLE: VICE PRESIDENT TITLE: ADDRESS: 649 BETHUNE DR ADDRESS: CITY/ST/ZIP: VIRGINIA BEACH,VA 23452 CITY/ST/ZIP: Mark appropriate box unless area below is blank: It the block to the left is blank or contains incorrect data.please mark appropriate Information is correct4donnation is Intoned Delete information box and enter information below: Q 0 ❑ ❑Correction ❑ Addition igRepiacement OFFICER NI DIRECTOR 0 OFFICER ® DIRECTOR 0 NAME: ROXANA CAHILL NAME: mDil3i. CO(y�' 61e TITLE: TREASURER TITLE: � C 001°x' �oL ADDRESS: 609 S PINE GROVE RD ADDRESS: 33,2 8 LI- / ,4 . r CITY/ST/ZIP: VIRGINIA BEACH,VA 23452 CITY/ST/ZIP: Kt 6 c a3y6-07 Mark appropriate box unless area below is blank: It the block to the lett is blank or contains incorrect data please mark appropriate ❑ Information is correct ❑ Information is incorrectDelete Information box and enter Information below:0 ❑Correction ❑ Addition 0 Replacement OFFICER ® DIRECTOR ® OFFICER ❑ DIRECTOR ❑ NAME: DAVID ZIMMERMAN NAME: TITLE: SECRETARY TITLE: ADDRESS: 1214 NEW LAND DRIVE ADDRESS: CITY/ST/ZIP: VA BEACH,VA 23453 CITY/ST/ZIP: IG FegCl 4.61 - it, iL t-77 t1 CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance Approving a Cooperative Agreement between the City Council and the School Board of the City of Virginia Beach Pertaining to Legal Services to be provided to the School Board and School Administration by the Office of the City Attorney in Fiscal Year 2019 MEETING DATE: September 18, 2018 • Background: Since 1996, the City Council has entered into a Cooperative Agreement for the City Attorney to provide legal services to the School Board. Each year, the Agreement is presented to the City Council for approval. On August 28, 2018, the School Board approved the attached Cooperative Agreement. • Considerations: Under the Cooperative Agreement between City Council and the School Board, the City Attorney's Office will continue to provide 5,775 hours of legal service to the School Division and will be reimbursed for the direct cost of those services. One Deputy City Attorney (Kamala H. Lannetti), one Associate City Attorney (Dannielle Hall-Mclvor), one Assistant City Attorney (Matthew R. Simmons) and one paralegal (Anna Cleveland) are located in the School Administration Building, and the Deputy City Attorney coordinates the delivery of additional legal services, as needed, by other attorneys in the City Attorney's Office, as well as outside counsel. • Public Information: The ordinance is to be advertised as a routine agenda item. • Recommendation: It is recommended that the City Council approve the Cooperative Agreement and authorize Mayor Jones to execute it on behalf of the City Council. • Attachments: Ordinance, Cooperative Agreement Recommended Action: Approval Submitting Department/Agency: City Attorney , -, City Manager: `' 1 AN ORDINANCE APPROVING A COOPERATIVE 2 AGREEMENT BETWEEN THE CITY COUNCIL AND 3 THE SCHOOL BOARD OF THE CITY OF VIRGINIA 4 BEACH PERTAINING TO LEGAL SERVICES TO BE 5 PROVIDED TO THE SCHOOL BOARD AND SCHOOL 6 ADMINISTRATION BY THE OFFICE OF THE CITY 7 ATTORNEY IN FISCAL YEAR 2019 8 9 WHEREAS, the Office of the City Attorney has, for a number of years, provided 10 legal services to the Virginia Beach School Board and School Administration pursuant to 11 Cooperative Agreements; and 12 13 WHEREAS, City Council agrees that it is in the best interests of the City and the 14 School Board for the Office of the City Attorney to continue to provide legal services to the 15 School Board pursuant to the revised Cooperative Agreement for FY 2019. 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 1. That the City Council hereby approves the Cooperative Agreement for FY 21 2019, a copy of which is attached hereto. 22 23 2. That the Mayor is hereby authorized to execute the Cooperative Agreement 24 on behalf of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2018. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: City Attorney Mark D. Stiles CA14512 R-1 August 15, 2018 COOPERATIVE AGREEMENT BETWEEN THE CITY COUNCIL AND THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH PERTAINING TO LEGAL SERVICES TO BE PROVIDED TO THE SCHOOL BOARD AND SCHOOL ADMINISTRATION BY THE OFFICE OF THE CITY ATTORNEY IN FISCAL YEAR 2019 Factual Background: 1. City Charter Authority. Chapter 9 of the Charter of the City of Virginia Beach, Virginia ("City Charter") provides that the City Attorney shall be the chief legal advisor of the City Council, the City Manager, and all departments, boards, commissions and agencies of the City in all matters affecting the interests of the City, and that he shall have such powers and duties as may be assigned by the City Council. 2. Appointment of City Attorney. The City Charter also provides that the City Attorney is appointed by the City Council and serves at its pleasure. 3. School Board Authority. The School Board is established by the Virginia Constitution, the City Charter, and provisions of general law, and is a body corporate vested with all of the powers and duties of local school boards conferred by law, including the right to contract and be contracted with, to sue and be sued, and to purchase, take, hold, lease, and convey school property both real and personal. 4. School Board Authority to Hire Legal Counsel. The School Board is authorized by Section 22.1-82 of the Code of Virginia (1950), as amended, to employ counsel to advise it, and to pay for such advice out of funds appropriated to the School Board. 5. Recognized Reasons to Share Legal Services. Both the City Council and the School Board have recognized that the reasons for sharing services of the City Attorney's Office include potential savings to taxpayers, expertise of the City Attorney's Office in City Council and School Board matters, institutional memory, and the ability of the City Attorney's Office to Page 1 of 8 provide a wide range of legal services to the School Board based on the expertise of the attorneys in numerous specialized areas of the law. 6. Professional Judgment of City Attorney. The Virginia Rules of Professional Conduct for the Legal Profession require the independent professional judgment of the Office of the City Attorney on behalf of its clients. 7. Potential Ethical Conflicts. The City Council and the School Board recognize that the potential for conflicting interests between the City Council and School Board may arise and that, in such cases, the City Attorney must refrain from representation of interests which may conflict. 8. Identification of Conflicts. The City Council and the School Board also recognize that they must work together and with the City Attorney to identify any real or perceived potential for conflict at the earliest possible time, advise each other and the City Attorney of any such conflict as soon as it arises so as not to compromise the interests of the City Council or the School Board, and assist the City Attorney in avoiding any violation or appearance of violation of the Code of Professional Responsibility. 9. Continuation of Services. The City Council and the School Board further recognize that it remains in the best interest of the taxpayers of the City for the School Board to continue to use the legal services of the Office of the City Attorney to the extent that no real or perceived conflict is present, and to the extent the City Attorney is budgeted and staffed to handle assigned legal business of the School Board. Objectives: The objective of this Cooperative Agreement is to define the scope and nature of the relationship between the City Attorney's Office and the School Board, to provide for the delivery Page 2 of 8 of designated legal services to the School Board, and to avoid any real or perceived conflict in the delivery of those services. Agreement: NOW, THEREFORE,the City Council and the School Board hereby agree as follows: 1. Legal Staffing. The Office of the City Attorney will provide the following staffing during FY 2019 to serve as in house counsel under this Agreement. The services to be provided as follows: A. The City Attorney will assign three attorneys on-site at the School Administration Building for provision of legal services to the School Board and the School Administration. As determined by the City Attorney, the attorneys will devote substantially all of their time to the provision of legal services to the School Board and School Administration. For the term of this Agreement, those attorneys will be Kamala H. Lannetti, Deputy City Attorney, and Dannielle Hall-Mclvor, Associate City Attorney, and Matthew R. Simmons, Assistant City Attorney. The City Attorney reserves the right to reassign attorneys to meet the legal needs of the School Board and School Administration in accordance paragraph 1D. B. The City Attorney will dedicate one paralegal, Anna Cleveland, on-site at the School Administration Building who will devote substantially all of his/her time to the support of legal services to the School Board and School Administration. The School Board will hire and fund an office assistant or equivalent position to provide assistance to the attorneys and the paralegal. Such costs will not be included in this Agreement. The office assistant will be an employee of the School Division with the same rights and privileges of other School Board employees of Page 3 of 8 similar position. However,the Deputy City Attorney or the City Attorney will have the right to direct the work of the assistant and require confidentiality restrictions as appropriate to protect attorney client privilege. The parties agree that the office assistant will be given rights to access both School Division and City computer systems and networks for the purposes of performing assigned duties. C. The City Attorney will be provide legal assistance from the other attorneys and staff members in the Office based upon their various areas of expertise with school-related legal issues, student services, real estate matters, human resources and employee benefits matters, contracts, general administrative and procedural issues, litigation, and other legal matters. Attorneys assigned to handle School Board matters will remain on-call to handle legal matters throughout the week. The City Attorney's Office will endeavor to handle as many legal matters in-house as it is capable of handling subject to the provisions of this Agreement. D. During the term of this Agreement, and subject to reassignment in the judgment of the City Attorney, the selection of the assigned attorneys shall be mutually agreed upon by the City Attorney and the School Board. Additionally, if a majority of the Members of the School Board expresses dissatisfaction with the legal services provided by the assigned attorney,or by any other attorney providing services to the School Board,the City Attorney will meet with the School Board to discuss and evaluate its concerns. Furthermore, if the School Board and the City Attorney agree that the most reasonable way to address the School Board's concerns is to assign another attorney or other attorneys to represent the School Page 4 of 8 Board, the City Attorney will use his best efforts to make such an assignment(s) as soon as possible. 2. Communication and Reports. Throughout the term of this Agreement,the Office of the City Attorney will maintain an open line of communication with the School Board and the Division Superintendent, and will keep each apprised, on a regular basis, of the status of all legal matters being handled on behalf of the School Board and School Administration; provided, however, that the Office of the City Attorney shall not communicate with the Superintendent concerning those matters being handled on a confidential basis for the School Board or for individual School Board Members in accordance with applicable School Board policies and applicable provisions of the Superintendent's contract. Additionally, the Office of the City Attorney will provide the Superintendent and the School Board an annual report of the legal services and attorney hours provided pursuant to this Agreement and, upon request of the School Board, the School Board Chairman, or the Superintendent, will identify the amount of attorney hours expended in response to inquiries from individual School Board Members. 3. Management of Legal Affairs. The City Council and the School Board recognize and understand that the School Board shall be responsible for the management of its legal matters; that, to the extent contemplated by this Agreement, the City Attorney shall be designated as the chief legal advisor of the School Board and the School Administration, and shall assist the School Board and School Administration in the management of the School Board's legal matters; and that the City Attorney or his designee shall report to the School Board concerning those matters he has been assigned by the School Board to manage and/or handle on its behalf. 4. Ethical Conflicts Concerning Representation of Parties. The City Council and the School Board recognize the potential for real or perceived conflicts in the provision of legal Page 5 of 8 services by the City Attorney, and agree to be vigilant in advising the City Attorney of such issues as they arise. Additionally, the City Council and the School Board understand that in such cases, the City Attorney will refrain from participation on behalf of the School Board but, to the extent ethically permissible in accordance with the Rules and Procedures of the Virginia State Bar, will continue representation of the City Council. 5. Ability to Provide Legal Services. The City Council and the School Board further recognize that the ability of the City Attorney's Office to provide legal services to the School Board is limited by the attorney hours allocated pursuant to this Agreement, the other provisions of this Agreement, and ethical constraints as they may arise. 6. Nature of Agreement. The parties agree that this Cooperative Agreement is not a contract to be enforced by either party but is rather an agreement setting forth the understanding of the parties regarding the parameters within which the Office of the City Attorney will provide legal services to the School Board and School Administration. 7. Payment for Services. The City shall forward to the School Board IDT requests in the amount of $570,989.09 from its FY 2019 Operating Budget to the FY 2019 Operating Budget of the Office of the City Attorney to fund the annual salaries,benefits,organizational dues, and certain administrative costs of attorneys and staff members assigned to handle matters under this Agreement. IDT requests of 50%of the total shall be made by the City and funds transferred by the School Board on or about September first and February first. 8. Term and Termination of Agreement. This Cooperative Agreement shall commence with the fiscal year of the parties which begins July 1, 2018 and ends June 30, 2019, and may be revised, as necessary,and renewed each fiscal year thereafter; provided,however,that each party shall give the other party notice of any intention to revise or not to renew the Agreement Page 6 of 8 within one hundred twenty (120) days of the date of expiration of this Agreement, or any renewal hereof, in order that the other party will have the opportunity to make appropriate budget and staffing adjustments. Page 7 of 8 The parties hereby agree to the terms set forth above. SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH By: • 0./46ra Beverly Anderson, Chairwoman School Board of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the School Board of the City of Virginia Beach, Virginia on A wS X, 201S , 2018. By: � .,wc. School Board Clerk CITY COUNCIL OF THE CITY OF VIRGINIA BEACH By: Louis Jones,Mayor City Council of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the City Council of the City of Virginia Beach, Virginia on , 2018. By: City Clerk Page 8 of 8 EXHIBIT A SCHOOL FUNDING FY 2018/2019 SALARY&BENEFITS Account Full Attorney # Account Description Funding 601111 Salaries-Deputy Atty $ 149,359.00 Salaries-Associate Atty S 92,155.12 Salaraies-Assistant Atty $ 77,570.58 Salaries-Half HR Atty S 59,949.00 Salaries-Paralegal S 49.007.40 Total Salaries $ 428,041.10 602101 FICA -Deputy Atty $ 7,719.00 FICA-Associate Atty $ 5,713.62 FICA-Assistatnt Atty S 4,809.38 FICA-Half HR Atty 3,717.00 FICA-Paralegal $ 3,038.46 Total FICA $ 24,997.46 602104 Medicare(No Max)- Deputy Atty $ 2,165.71 Medicare(No Max)-Associate Atty $ 1,336.25 Medicare(No Max)-Assistant Atty $ 1,124.77 Medicare(No Max)-Half HR Atty $ 869.00 Medicare(No Max)-Paralegal $ 710.61 Total Medicare $ 6,206.34 602201 Retirement- Deputy Atty $ 27,407.38 Retirement-Associate Atty $ 15,067.36 Retirement-Assistant Atty $ 11,247.77 Retirement-Half HR Attorney $ 8,717.00 Retirement-Paralegal $ 8,992.86 Total Retirement $ 71,432.37 602301 Health&Dental- Deputy Atty $ 6,425.00 Health&Dental-Associate Atty $ 6,425.00 Health&Dental-Assistant Atty $ 6,425.00 Health&Dental-Half HR Attorney $ 3,212.50 Health&Dental-Paralegal $ 6,425.00 Total Health & Dental $ 28,912.50 602302 Life Insurance- Deputy Atty $ 1,971.54 Life Insurance-Associate Atty $ 1,216.45 Life Insurance-Assistant Atty $ 1,023.93 Life Insurance-Half HR Attorney $ 395.50 Life Insurance-Paralegal $ 646.90 Total Life Insurance $ 5,254.32 TOTAL SALARY& BENEFITS $ 564.844.09 CITY ATTORNEY ADMINISTRATIVE COSTS Full Attorney Account# Account Description Funding 650204 Dues&Association Membership $ 1,645.00 660201 Office supplies/work station for assistant $4,500 TOTAL ADMINISTRATIVE COSTS $ 6,145.00 TOTAL SCHOOL FUNDING NEEDED S 570,989.09 Full Attorney Funding FULL ATTORNEY $ 570,989.09 Hours of Legal Services 5,775.00 Average Cost per Hour $ 98.87 9/7/2018 4:29 PM Schools Exhibit A FY19.ver2.xls 1 fig CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate Grant Funds for the Enforcement of DUI Laws and to Authorize an In-Kind Grant Match MEETING DATE: September 18, 2018 • Background: Since the 1990s, the Virginia Department of Motor Vehicles (DMV) has awarded numerous grants to the Virginia Beach Police Department for highway safety through the enforcement of traffic laws. Among these grants is an award to ensure motorists are sober and not under the influence. The DUI Enforcement grant will be active from October 1, 2018, through September 30, 2019. Officers will use the funding for overtime needed for selective DUI enforcement. • Considerations: The grant provides $48,000 in federal pass through funding from the DMV. There is a required 50% local match. This match may be made with in- kind resources, and the Police Department is able to provide the match. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Departm • gency: Police Department LEj- {T7 City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR THE ENFORCEMENT OF DUI LAWS AND TO 3 AUTHORIZE AN IN-KIND GRANT MATCH 4 5 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 1. That$48,000 from the U.S. Department of Transportation National Highway Traffic 9 Safety Administration via the Virginia Department of Motor Vehicles is hereby 10 accepted and appropriated, with federal revenue increased accordingly, to the FY 11 2018-2019 Police Department Operating Budget for overtime related to the 12 enforcement of DUI laws. 13 14 2. The grant match (50% of federal funds) is to be made in-kind by the Police 15 Department. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2018. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Do7/ .I AI Budget and Managemen Services City Att•r -y's office CA14519 R-1 August 31, 2018 i-,,,c„, ....v.:, .. FayI-- 444 ; Il CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds for the Enforcement of Seat Belt Laws and to Authorize an In-Kind Grant Match MEETING DATE: September 18, 2018 in Background: Since the 1990s, the Virginia Department of Motor Vehicles (DMV) has awarded numerous grants to the Virginia Beach Police Department for highway safety through the enforcement of traffic laws. Among these grants is an award to ensure motorists adhere to the proper use of seatbelts. The federal FY 19 Seat Belt Enforcement grant will be active from October 1, 2018 through September 30, 2019. Officers will use the funding for overtime for selective traffic enforcement, the "Click-It- or-Ticket" campaign, and several traffic checkpoints. • Considerations: The grant provides $52,000 in federal pass through funding from the DMV. It also requires a 50% match of the federal funds. This match may be made with in-kind resources, and the Police Department is able to provide the match. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance • Attachments: Ordinance Recommended Action: Approval Submitting Departent/Agency: Police Department -Cr7 9A-c__ City Manager 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR THE ENFORCEMENT OF SEAT BELT LAWS 3 AND TO AUTHORIZE AN IN-KIND GRANT MATCH 4 5 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 1. That $52,000 from the U.S. Department of Transportation National Highway 9 Traffic Safety Administration via the Virginia Department of Motor Vehicles is 10 hereby accepted and appropriated, with federal revenue increased accordingly, 11 to the FY 2018-2019 Police Department Operating Budget for overtime related 12 to the enforcement of Seat Belt laws. 13 14 2. The grant match (50% of federal funds) is to be made in-kind by the Police 15 Department. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2018. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: .L0,-(Aa • Budget and Management Services City At .r - ' Office CA14518 R-1 August 31, 2018 „:„..„,,, , ,,,,,., 4�, M i CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Appropriate Fund Balance of the Police Federal and State Seized Assets Special Revenue Fund to Cover Expenses Incurred During an Investigation MEETING DATE: September 18, 2018 • Background: In an attempt to recover critical evidence during the course of a recent missing person/homicide investigation, the Virginia Beach Police Department conducted a multiday search of the Bethel Landfill. This search was initiated by Police Department investigators in conjunction with landfill management, and it involved a manual search of specified landfill areas. The process of conducting this search resulted in numerous costs to the Police Department for such things as equipment mobilization, excavation work, landfill staff work, and supplies, in addition to the hours of Police Department employee time. The Police Department will absorb the personnel costs of its involvement in this search through the Department's present Fiscal Year 2018-19 Operating Budget. The Police Department would prefer that the operating costs associated with this search be paid for from the Police State and Federal Seized Assets Fund. Accordingly, the Police Department requests that Council authorize the appropriation of $54,424 from this fund for the costs of equipment, excavation, and supplies related to the Bethel Landfill search. This sum includes the cost of labor for the landfill staff who did the excavation work. • Considerations: There is sufficient fund balance in the Police Federal and State Seized Assets Special Revenue Fund to cover this cost. Support for law enforcement investigations are an allowable use of the Seized Assets Funds, consistent with U.S. Department of Justice guidelines. • Alternatives: The costs of the Bethel Landfill search could be paid for through the Police Department's existing Fiscal Year 2018-19 Operating Budget. • Public Information: Normal Council Agenda process. • Recommendation: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting De• - rt. •ency: Police Department I-- L.-- kr? 9A-c... City Manager: 4. 1 AN ORDINANCE TO APPROPRIATE FUND BALANCE OF 2 THE POLICE FEDERAL AND STATE SEIZED ASSETS 3 SPECIAL REVENUE FUND TO COVER EXPENSES 4 INCURRED DURING AN INVESTIGATION 5 6 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $54,424 is hereby appropriated, with revenues increased accordingly, from 10 the Fund Balance of the Police Federal and State Seized Assets Special Revenue Fund 11 to the FY 2018-19 Police Department Operating Budget for the payment of emergency 12 purchase orders resulting from a missing person/homicide investigation. Requires an affirmative vote by a majority of all of the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City e, s Office CA14521 R-1 September 5, 2018 rE7 ,' i�� F�t .g'7 I'� g(,`:i— .sI r!Y•' CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: A Resolution to Refer an Ordinance to Amend Sections 102, 111 , 401 , 501 , 601 , 901 , 1110, 1125, 1521 and 2203 of the City Zoning Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based Code Pertaining to the Definitions, Requirements and use of Home Sharing and Short Term Rentals to the Planning Commission MEETING DATE: September 18, 2018 • Background: The ordinance referred to the Planning Commission by this resolution pertains to the definition, and requirements of home sharing and short term rentals throughout the City of Virginia Beach. Home sharing is a permitted use and short term rentals are a permitted use only in the Sandbridge Special Service District. In all other areas of the City short term rentals are a conditional use or have grandfathered status. No overlay districts are created. • Considerations: Short term rentals are a very confusing and difficult subject that have been extensively discussed. This resolution will refer the ordinance to the Planning Commission for its comments and recommendation. • Attachments: Resolution Ordinance Recommended Action: Adopt Resolution Submitting Department/Arncy: Planning Department r,,,ti►s City Manager: h./1r�" aP, 1 1 A RESOLUTION TO REFER AN ORDINANCE TO 2 AMEND SECTIONS 102, 111, 401 , 501 , 601 , 901, 3 1110, 1125, 1521 AND 2203 OF THE CITY 4 ZONING ORDINANCE AND SECTION 5.2 OF THE 5 OCEANFRONT RESORT DISTRICT FORM- 6 BASED CODE PERTAINING TO THE 7 DEFINITIONS, REQUIREMENTS AND USE OF 8 HOME SHARING AND SHORT TERM RENTALS 9 TO THE PLANNING COMMISSION 10 11 12 WHEREAS, City Council on November 7, 2017 referred to the Planning 13 Commission three ordinances for the regulation of home sharing and short term rentals; 14 15 WHEREAS, Planning Commission on February 14, 2018 voted to recommend 16 the denial of all three alternatives and approval of a fourth option, the Planning 17 Commission version; 18 19 WHEREAS, City Council held numerous public hearings and workshops on the 20 issues and considered all four alternative ordinances, and on July 3, 2018 denied all 21 four alternative ordinances; 22 23 WHEREAS, City Council has discussed and selected another alternative for 24 referral to the Planning Commission for their recommendation. 25 26 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That the above-entitled ordinance, a copy of which is attached, is hereby referred 30 to the Planning Commission for its consideration and recommendation. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2018. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA14381 R-6 September 11, 2018 DRAFT 1 AN ORDINANCE TO AMEND SECTIONS 102, 111, 401, 2 501, 601, 901, 1110, 1125, 1521 AND 2203 OF THE CITY 3 ZONING ORDINANCE AND SECTION 5.2 OF THE 4 OCEANFRONT RESORT DISTRICT FORM-BASED CODE 5 AND ADD SECTIONS 209.6 AND 241.2 OF THE CITY 6 ZONING ORDINANCE PERTAINING TO THE DEFINITION, 7 REQUIREMENTS AND USE OF HOME SHARING AND 8 SHORT TERM RENTALS 9 10 Sections Amended: City Zoning Ordinance Sections 102, 11 111, 401, 501, 601, 901, 1110, 1125, 1521, and 2203 and 12 Oceanfront Resort District Form-Based Code Section 5.2 13 14 Sections Added: City Zoning Ordinance Sections 209.6 and 15 241 .2 16 17 WHEREAS, the public necessity, convenience, general welfare and good zoning 18 practice so require; 19 20 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 21 BEACH, VIRGINIA: 22 23 That Sections 102, 111, 401, 501 , 601, 901, 1110, 1125, 1521 , and 2203 of the 24 City Zoning Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based 25 Code are hereby amended and reordained, and Sections 209.6 and 241.2 of the City 26 Zoning Ordinance are hereby added and ordained, to read as follows: 27 28 ARTICLE 1. GENERAL PROVISIONS 29 30 . . . . 31 32 Sec. 102. Establishment of districts and official zoning maps. 33 34 (a) In order to carry out the purposes and provisions of this ordinance, the 35 following districts are hereby established: 36 37 . . . . 38 39 (al) There are hereby established the Shore Drive Corridor Overlay District. 40 following overlay districts: 41 42 �1) Shore Drive Corridor Overlay District ("SD"); 43 44 ) North End Overlay District ("NE"); 45 1 DRAFT 46 (3) Old Beach Overlay District COB"); 47 48 (4) Historic Kempsville Area Overlay District ("HK"); 49 50 (5) Workforce Housing Overlay District ("WF"); and 51 52 (6) Short Term Rental Overlay District ("STR"). 53 54 Such districts shall be designated on the official zoning map by the an 55 appropriate notation 4S-D-" following the designation of the underlying zoning district. As 56 an illustration, property in the Shore Drive Corridor Overlay District and in the B-4 Mixed 57 Use District shall be designated on the official zoning map as having the classification 58 "B-4(SD)." 59 60 (a2) There is hereby established the North End Overlay District. Such district 61 shall be designated on the official zoning map by the notation "(NE)" following the 62 designation of the underlying zoning district. As an illustration, property lying within the 63 ► - - e - e - e • • - • 13" - - - - - - 64 e - e - - - - • e •- - " _ •_ "r . P L 65 66 (a3) There is hereby established the Old Beach Overlay District. Such district 67 shall be designated on the official zoning map by the notation "(OB)" following the 68 designation of the underlying zoning district. As an illustration, property in the Old Beach 69 Overlay District and in the R 5D Residential-Duplex District shall be designated on the 70 e • e e - - - -e - _ _ " _ _ • _ ! AB _ 71 72 (a4) There is hereby established the Historic Kempsville Area Overlay-District. • 73 - - - - - - - - - e e e - e - -e e e . e „ _ 74 following the designation of the underlying zoning district. As an-illustration, property in 75 -- e • e • - ' - e • _ - •- _ _e•••• _ •• : _ -- 76 District shall be designated on the official zoning map as having the class8ification "B 77 2(HK)." 78 79 (a5) There is hereby established the Workforce Housing Overlay District. Such 80 district shall be designated on the official zoning map by the notation "(WF)" following 81 - e- •e •- e e - - • e e e e• - - - •- e ee--- •. ._ _ . 82 -e - - `• •- - - •- - - e e - -e. • e ! . .. - - •- - e - 83 - e - - - - - - -e - - - - -- - -- • e e - -e. e 84 Overlay District shall be limited to property located within those areas of the city 85 designated in section 2103 of this ordinance that has been rezoned to incorporate the 86 Workforce Housing Overlay District as an overlay to the underlying zoning classification 87 of the property. 88 89 . . . . 90 91 Sec. 111. Definitions. 2 DRAFT 92 93 . . . . 94 95 Home sharing. A dwelling in which a room or rooms are offered for rental for 96 compensation for a period of less than thirty (30) consecutive days by an owner who 97 utilizes the dwelling as his principal residence and occupies the dwelling during any 98 such rental period. 99 100 . . . 101 102 Hotel and motel. A building or group of attached or detached buildings containing 103 dwelling or lodging units in which fifty (50) percent or more of the units are lodging units, 104 and for which compensation is exchanged for short-term occupancy of the dwelling or 105 lodging units. A hotel shall include a lobby, clerk's desk or counter and facilities for 106 registration and keeping of records relating to hotel guests. This term also includes 107 motels. 108 109 . . . . 110 111 Principal residence. Principal residence shall be the location where a person 112 lives fifty (50) percent or more of the time. A person shall not have more than one (1) 113 principal residence. 114 115 . . . . 116 117 Short term rental. A dwelling that does not meet the definition of home sharing in 118 which a room or rooms, or the entire dwelling are rented for less than thirty (30) 119 consecutive days for compensation. 120 121 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 122 ALL DISTRICTS 123 124 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET 125 PARKING, OFF-STREET LOADING, AND CERTAIN USES 126 127 . . . . 128 129 Sec. 209.6. Home sharing. 130 131 To the extent permitted by state law, each dwelling offered as a home share 132 must maintain registration with the Commissioner of Revenue's office and pay all 133 applicable taxes. 134 135 C. CONDITIONAL USES AND STRUCTURES 136 3 DRAFT 137 . . . . 138 139 Sec. 241.2 Short term rental. 140 141 Short term rental shall be subject to the following conditions unless specifically 142 modified by action of the city council in granting a conditional use permit or creating a 143 short term rental overlay district: 144 145 1 . Any property utilized as a short term rental shall provide adequate off street 146 parking for its guests. A minimum of one parking space per bedroom is 147 required. If such parking cannot be provided on-site, the owner must submit 148 a parking plan indicating how the parking requirement will be met. Such 149 plan shall be reviewed and approved by the Zoning Administrator. Stacking 150 of vehicles shall be allowed and no on-street parking shall be part of the 151 plan; 152 153 2. No events with more than fifty (50) people present, shall be held absent a 154 special events permit. Events with more than fifty (50) people are limited to 155 no more than three (3) events in a calendar year. No more than one 156 hundred (100) people shall be present at any event held on the property; 157 158 3. The owner or operator must provide the name and telephone number of a 159 responsible person, who may be the owner, operator or an agent of the 160 owner or operator, who is available to be contacted and to address 161 conditions occurring at the short term rental within thirty (30) minutes. 162 Physical response to the site of the short term rental is not required; 163 164 4. No signage shall be on site, except that each short term rental is allowed 165 one (1), four (4) square foot sign, posted on the building which identifies the 166 short term rental. Architectural signs naming the structure are excluded 167 from this limitation; 168 169 5. To the extent permitted by state law, each short term rental must maintain 170 registration with the Commissioner of Revenue's office and pay all 171 applicable taxes; 172 173 6. There shall be posted in a conspicuous place within the dwelling a summary 174 provided by the Zoning Administrator of City Code Sections 23-69 through 175 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on 176 the beach), 12-43.2 (fireworks), and a copy of any approved parking plan; 177 4 DRAFT 178 7. All refuse shall be placed in automated refuse receptacles, where provided, 179 and comply with the requirements of City Code Sections 31-26, 31-27 and 180 31-28; 181 182 8. A short term rental shall have no more than one (1) rental contract during 183 any consecutive seven (7) day period; 184 185 9. The owner or operator shall provide proof of liability insurance applicable to 186 the rental activity at registration and renewal of at least one million dollars 187 ($1,000,000.00) underwritten by insurers acceptable to the city; 188 189 10.There shall be no outdoor amplified sound after 10 PM or before 10 AM; 190 191 11 .The maximum number of persons on the property after 11:00 PM and 192 before 7:00 AM ("Overnight Lodgers") shall be two (2) individuals per 193 bedroom plus four (4) additional persons; 194 195 12.The owner or operator must maintain a guest log including the name, 196 address and telephone number of all Overnight Lodgers. The quest log 197 must be made available upon request to any City employee or agent tasked 198 with enforcing the Zoning Ordinance or other applicable part of the City 199 Code; 200 201 13.Any short term rental that has registered and paid transient occupancy 202 taxes to the Commissioner of the Revenue prior to July 1 , 2018 shall be 203 considered qrandfathered and shall not be required to obtain a conditional 204 use permit, but must meet the conditions of section 241.2. Any expansion 205 of the footprint of the dwelling housing the short term rental that expands the 206 overall square footage by more than 25% or 1,000 square feet, whichever is 207 less, shall have its qrandfathered status revoked and must immediately 208 obtain a conditional use permit to continue such use. Grandfathered status 209 shall run with the land.; 210 211 14.To the extent permissible under state law, interconnected smoke detectors 212 (which may be wireless), a fire extinguisher and, where natural gas or 213 propane is present, carbon monoxide detectors shall be installed in each 214 short term rental; 215 216 15.Accessory structures shall not be used or occupied as short term rentals; 217 218 16. In addition to other remedies available for violations of the City Zoning 219 Ordinance, upon the occurrence of a violation of the provisions of this 5 DRAFT 220 section; a violation of a condition imposed in a conditional use permit; or if 221 the conditions for grandfathered status are no longer satisfied, the City 222 Council may revoke the conditional use permit or grandfathered status of a 223 property after notice and hearing as provided in Virginia Code Section 15.2- 224 2204; provided, however, that written notice as prescribed therein shall be 225 given at least fifteen (15) days prior to the hearing; 226 227 17.All conditional use permits issued for short term rentals shall expire two (2) 228 years from the date of adoption. The renewal process of the conditional use 229 permit will be administrative and performed by the Planning Department; 230 however, the Planning Department shall notify the City Council in writing 231 prior to the renewal of any conditional use permit for a STR, where the STR 232 has been the subject of neighborhood complaints, violations of its conditions 233 or violations of any building, housing, zoning, fire or other similar codes. 234 235 ARTICLE 4. - AGRICULTURAL DISTRICTS 236 237 (a) Principal and conditional uses. The following chart lists those uses permitted 238 within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the 239 respective agricultural districts shall be permitted as either principal uses indicated by a 240 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 241 shall be prohibited in the respective districts. No uses or structures other than as 242 specified shall be permitted. 243 Use AG-1 AG-2 I Home sharinq meeting the requirements of section 209.6 P P Short term rental I C C Short term rental within the Sandbridge Special Service District* P P Short term rental within a STR Overlay District P P 244 *Sandbridge Special Service District defined in City Code Section 35.1-3. 245 246 (b) Accessory uses and structures. Uses and structures which are customarily 247 accessory and clearly incidental and subordinate to principal uses and structures, 248 including but not limited to, an accessory activity operated for profit in a residential 249 dwelling unit where (i) there is no change in the outside appearance of the building or 250 premises or any visible or audible evidence detectable from outside the building lot, 251 either permanently or intermittently, of the conduct of such business except for one (1) 252 nonilluminated sign not more than one (1) square foot in area mounted flat against the 6 DRAFT 253 residence; (ii) no traffic is generated, including traffic by commercial delivery vehicles, 254 by such activity in greater volumes than would normally be expected in the 255 neighborhood, and any need for parking generated by the conduct of such activity is 256 met off the street and other than in a required front yard; (iii) the activity is conducted on 257 the premises which is the bona fide residence of the principal practitioner, and no 258 person other than members of the immediate family occupying such dwelling units is 259 employed in the activity; (iv) such activity is conducted only in the principal structure on 260 the lot; (v) there are no sales to the general public of products or merchandise from the 261 home, except for agricultural products, or agricultural-related products, incidental to an 262 agricultural operation on which the dwelling unit is located; and (vi) the activity is 263 specifically designed or conducted to permit no more than one (1) patron, customer, or 264 pupil to be present on the premises at any one time. Notwithstanding the provisions of 265 clauses (ii) and (vi) hereof, ministers, marriage commissioners and other persons 266 authorized by law to perform the rites of marriage may permit a maximum of eight (8) 267 persons on the premises at any one time in connection with the performance of such 268 rites, provided that all other requirements of subdivision (b)(2) are met. The following 269 are specifically prohibited as accessory activities: Convalescent or nursing homes, 270 tourist homes, massage or tattoo parlors, body piercing establishments, radio or 271 television repair shops, auto repair shops, or similar establishments. Rental of rooms in 272 a dwelling or the entire dwelling thirty (30) consecutive days or more is an accessory 273 use to the dwelling. 274 275 . . . . 276 277 ARTICLE 5. RESIDENTIAL DISTRICTS. 278 279 . . . . 280 281 Sec. 501. Use regulations. 282 283 (a) Principal and conditional uses. The following chart lists those uses permitted 284 within the R-40 through R-2.5 Residential Districts. Those uses and structures in the 285 respective residential districts shall be permitted as either principal uses indicated by a 286 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 287 shall be prohibited in the respective districts. No uses or structures other than as 288 specified shall be permitted. 289 Use R- R- R- R- R- R- R- R- R- R- 40i30 ' 20 15 10 7.5 5D 5R 5S 2.5 DRAFT Home sharing meeting the PPPPPP PPPP requirements of section 209.6 'Short term rental CCCCC C C C C C Short term rental within the PPPPPP PPP P Sandbridge Special Service District* — — — — — — — — — — Short term rental within a STR PPPPPP PPP P Overlay District — — — - — — 290 *Sandbridge Special Service District defined in City Code Section 35.1-3. 291 292 (b) Accessory uses and structures. Uses and structures which are customarily 293 accessory and clearly incidental and subordinate to principal uses and structures and 294 where such accessory structures do not exceed the height of the principal structure and, 295 in all residential zoning districts, except for R-30 and R-40, do not exceed five hundred 296 (500) square feet of floor area or twenty (20) percent of the floor area of the principal 297 structure, whichever is greater. In the R-30 and R-40 residential zoning districts, 298 accessory uses and structures shall not exceed thirty (30) percent of the floor area of 299 the principal structure. Such accessory uses and structures include but are not limited 300 to: 301 . . . . 302 303 (7) Rental of rooms in a dwelling or the entire dwelling thirty (30) consecutive 304 days or more is an accessory use to the dwelling. 305 306 . . 307 308 ARTICLE 6. - APARTMENT DISTRICTS 309 310 311 312 Sec. 601. - Use regulations. 313 314 (a) Principal and conditional uses. The following chart lists those uses permitted 315 within the A-12 through A-36 Apartment Districts. Those uses and structures in the 316 respective apartment districts shall be permitted as either principal uses indicated by a 8 DRAFT 317 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 318 shall be prohibited in the respective districts. No uses or structures other than as 319 specified shall be permitted. 320 Use A-12 A-18 IA-24 IA-36 Home sharing meeting the requirements of section 209.6 PPP P Short term rental CCCC Short term rental within the Sandbridge Special Service District* PPPP Short term rental within a STR Overlay District P PIP P 321 *Sandbridge Special Service District is defined in City Code Section 35.1-3. 322 323 (b) Accessory uses and structures. Uses and structures which are customarily 324 accessory and clearly incidental and subordinate to principal uses and structures, 325 including but not limited to: 326 327 . . . . 328 329 (3) Rental of rooms in a dwelling or the entire dwelling thirty (30) consecutive 330 days or more is an accessory use to the dwelling. 331 332 . . . . 333 334 ARTICLE 9. - BUSINESS DISTRICTS 335 336 . . . . 337 338 Sec. 901. - Use regulations. 339 340 (a) Principal and conditional uses. The following chart lists those uses permitted 341 within the B-1 through B-4K Business Districts. Those uses and structures in the 342 respective business districts shall be permitted as either principal uses indicated by a 343 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 344 shall be prohibited in the respective districts. No uses or structures other than as 345 specified shall be permitted. 346 Use B- B- B- B- B- B- B- 1 ( 1A 2 3 4 4C 4K 9 DRAFT Home sharing meeting the requirements of section X X X XP P P 209.6 — — — — — — — Short term rental X X X XC C C Short term rental within the Sandbridge Service P P PPP P P District* — — — — —Short term rental within a STR Overlay District PTP P P P P P 347 *Sandbridge Special Service District is defined in City Code Section 35.1-3. 348 349 (b) Accessory uses and structures. Uses and structures which are customarily 350 accessory and clearly incidental and subordinate to the principal uses and structures, 351 including, but not limited to: 352 353 . . . . 354 355 (2) Rental of rooms in a dwelling or the entire dwelling thirty (30) consecutive 356 days or more is an accessory use to the dwelling. 357 358 ARTICLE 11. - PLANNED DEVELOPMENT DISTRICTS 359 360 Sec. 1110. - Land use regulation. 361 362 363 364 (c) Within a PD-H1 District, all of the principal uses and structures permitted within an 365 A-12 Apartment District other than hospitals and sanitariums, together with the 366 following enumerated uses and structures, shall be permitted: 367 368 (1) Fraternity and sorority houses, student dormitories and student centers; 369 370 (2) Housing for seniors and disabled persons, with a conditional use permit; 371 372 (3) Marinas; 373 374 (4) Private clubs or social centers provided that clubs where conduct of commercial 375 affairs is a principal activity shall not be permitted; and 376 377 (5) Residential care for seniors, provided that no more than two (2) employees 378 including a bona fide resident of the dwelling shall be permitted; 379 380 (6) Home sharing meeting the requirements of section 209.6; 10 DRAFT 381 382 (7) Short term rentals within the Sandbridqe Special Service District; and 383 384 (8) Short term rentals within a STR Overlay District. 385 386 (d) Within a PD-H1 District, the following uses shall be allowed as conditional uses: 387 388 (1) Communication towers; 389 390 (2) Family day-care homes; 391 392 (3) Group homes; 393 394 (4) Kennels, residential; 395 396 (5) Religious uses; 397 398 (6) Wind energy conversion systems, free standing and roof-mounted; and 399 400 (7) Home-based wildlife rehabilitation facilities, provided that the principal 401 structure is a single-family dwelling and the lot is greater than two thousand 402 five hundred (2,500) square fee -; and 403 404 () Short term rentals. 405 406 B. - PD-H2 PLANNED UNIT DEVELOPMENT DISTRICT 407 408 . . . . 409 410 Sec. 1125. - Allowed uses. 411 412 Within the PD-H2 District, only the following uses and structures shall be permitted: 413 414 (a) Principal uses and structures. 415 416 (1) Dwelling units of the types specified in the land use plan; 417 418 (2) Public buildings, structures, and other public uses; 419 420 (3) Recreational facilities of the type described in the plan; 421 422 (4) Child care education centers, in connection with public or private 423 elementary schools or churches, provided that such uses shall not be 424 eligible for residential density credit; 425 11 DRAFT 426 (5) Day-care centers, provided that such uses shall not be eligible for 427 residential density credit; 428 429 (6) Public utilities installations and substations; provided offices or storage or 430 maintenance facilities shall not be permitted; and provided, further, that 431 utilities substations, other than individual transformers, shall be surrounded 432 by a wall, solid except for entrances and exits, or by a fence with a 433 screening hedge five (5) to six (6) feet in height; and provided also, 434 transformer vaults for underground utilities and like uses shall require only 435 a landscaped screening hedge, solid except for access opening..-i 436 437 (7) Home sharing meeting the requirements of section 209.6; and 438 439 (8) Short term rentals within the Sandbridqe Special Service District; and 440 441 (9) Short term rentals within a STR Overlay District. 442 443 444 (b) Accessory uses. Uses which are customarily accessory and clearly incidental and 445 subordinate to the principal uses shall be allowed as accessory uses. Rental of rooms in 446 a dwelling or the entire dwelling thirty (30) consecutive days or more is an accessory 447 use to the dwelling. 448 449 (c) Conditional uses. 450 451 (1) Religious uses, provided that such use shall not be eligible for residential 452 density credit; 453 454 (2) Family day-care homes; foster homes and group homes, provided that such 455 uses shall not be eligible for residential density credit; 456 457 (3) Home occupations 458 459 (4) Housing for seniors and disabled persons.; and 460 461 (5) Short term rental. 462 463 . . . 464 465 C. RT-3 RESORT TOURIST DISTRICT 466 467 . . . . 468 469 Sec. 1521. Use regulations. 470 12 DRAFT 471 (a) The following chart lists those uses permitted within the RT-3 Resort Tourist District 472 as either principal uses, as indicated by a "P" or as conditional uses, as indicated by a 473 "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 474 220 et seq.). Except for single-family, duplex, semidetached and attached dwellings, 475 buildings within the RT-3 District may include any principal or conditional uses in 476 combination with any other principal or conditional use. No uses or structures other than 477 those specified shall be permitted. All uses, whether principal or conditional, should to 478 the greatest extent possible adhere to the provisions of the Special Area Design 479 Guidelines (Urban Areas) set forth in the Reference Handbook of the Comprehensive 480 Plan. 481 Use RT-3 Home sharing meeting the requirements of section 209.6 P Short term rental C Short term rental within a STR Overlay District P 482 483 (b) Accessory uses and structures : Uses and structures which are customarily 484 accessory and clearly incidental and subordinate to the principal uses and structures; 485 provided, however, that drive-through facilities shall not be permitted as an accessory 486 use: 487 488 . 489 490 (2) Rental of rooms in a dwelling or the entire dwelling thirty (30) 491 consecutive days or more is an accessory use to the dwelling. 492 493 ARTICLE 22. - CENTRAL BUSINESS CORE DISTRICT 494 495 . . . 496 497 B. - DEVELOPMENT REGULATIONS 498 499 . 500 501 Sec. 2203. - Use regulations. 502 503 (a) The following chart lists those uses permitted within the Central Business Core 504 District. Uses and structures shall be allowed either as principal uses, indicated by a 13 DRAFT 505 "P", or as conditional uses, indicated by a "C." Uses and structures indicated by an "X" 506 shall be prohibited, unless allowed by special exception for Alternative Compliance 507 pursuant to Section 2205. No uses or structures other than as specified herein or as 508 allowed pursuant to subsection (b) shall be permitted. 509 Use District CBC j Home sharinq meeting the requirements of section 209.6 P Short term rental C Short Term Rental within a STR Overlay District P 510 511 (b) If a proposed use is not expressly permitted pursuant to subsection (a), but is 512 similar to a listed use, the Zoning Administrator may categorize the proposed use as a 513 use permitted by this section, either as a principal or conditional use. In determining 514 whether a proposed use is similar to a listed use, the Zoning Administrator shall 515 consider (1) the actual or projected characteristics of the proposed use in comparison 516 to those of the most similar listed use; and (2) the categorization of the proposed use 517 in the Standard Land Use Coding Manual (First Edition January 1965). Rental of 518 rooms in a dwelling or the entire dwelling thirty (30) consecutive days or more is an 519 accessory use to the dwelling. 520 521 APPENDIX 1. - OCEANFRONT RESORT DISTRICT FORM-BASED CODE 522 523 . . . 524 525 Sec. 5.2. Permitted Use Table. 526 MIXED-USE COMMERCIAL APARTMENT ROW DETACHED CIVIC BUILDING BUILDING BUILDING HOUSE HOUSE BUILDING Ground Upper Ground All Ground Upper Use Standard USE Floor Floors Floor Floors Floor Floors All Floors All Floors /Notes LODGING Home sharing = L = = L L L _ See Sec.209.6 meeting the requirements of section 209.6 14 DRAFT Short term rental = C - C C C -- See Sec.241.2 meeting the requirements of section 241.2 527 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA14500 R-20 September 7, 2018 15 L. PLANNING 1. PROVIDENCE PRESBYTERIAN CHURCH for a Conditional Use Permit re child care education center in a religious use at 5497 Providence Road DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL r;q4. rS� H.. NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Building, Municipal Center, Virginia Beach, Virginia, on Tuesday, September 18, 2018 at 6:00 p.m..at which time the following applications will be heard: Providence Presbyterian Church [Applicant&Owner]Conditional Use Permit (Child Care Education Center within a Religious Use)5497 Providence Road (GPIN 1466147370) COUNCIL DISTRICT - KEMPSVILLE All interested parties are invited to attend. Amanda Barnes,MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at: h t tp;j/www.v bgo v.c o m/p c. 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 385-4303; Hearing impaired call 711 (Virginia Relay -Telephone Device for the Deaf). BEACON: SEPTEMBER 2 &9, 2018-1 TIME EACH. • -,:-,. `..., -. .1. \--) c A ,,,..... I I 1 1 i I I II I ; Ott 1 I 1 ! I ' I , . I C:1 Vill.aiL , I ; ' I \••'. ."' ,ii illin 1 ', I ' „...,' \:\,,-- ..., \ , „, , III , , , 1 i , • „, , , ., Is.,_!. „ ,-----\ , 7 11 II I , 1 1 *, 1 ; III I, i 1 ...., r .. .., . •. .. % (-----".- II I I \ ' 'Ls ri iI I 111 IA" II • . \ .%., [3 '11 , , ,II • • ..... I El..N,,z4,..is\ ....,r_..../7/.. <;' , 1 it ' ,1%.... . )-- 1 , i 10 \ • 1 1 e I Ciii t 1 II \ ''')(4 I ' • -1-1 • 1 II g 1 i 1 ,rottr it 0..,- ... k \ \ lirr r 1 •, rell'''''-'2 'q 11 % .., \ \ \ 11....., 1 •,1\ it • 40-10 Eti-----_, 1 1 1 _. 41pw_...74kIkAlk -\. \ ,.,-,' . 4..„------• . . 1 _A.NA-._•-x ,.-x\ .- . _ ,i ....___ .•_..- , \\___ li 11 k \...,, %... i. . • I .1 I I I I i I I. ItilL ., 1_ 1-- I I .r. .--------IL.J !Id ---.j II / > - r----• ce;) . • 'r-'----- 1 ' . . I -.-1 1 / •':/-' e-AN\ . • ) ...-e. .,,,1 ..-"-/ k'‘,.., - ' 1---'-- L 11111\ 111 / 1 --11. 1,1-..-...----77-11 .) ' --...1c.._---1.1, 11111 1 D (-1,-- ..... -_______ ___________< 11 • 1 . _ 1110:), 3 1 ____ i 0 1 -, -- ti i I 1 L_ ., _.- I la 1\,,,13 _ ii _ , _ _ V ii II 11 1 1 .1 . \ 1 ip , , ,, • , , , .„. . . , i, , , ,,, , , _ , CJ , , Ii I - • II illst- I 1 I - 1 kt It II\ , . - - 1 "I". I 1 I \ 11 1 D \ 4.. II ., I r . _ 'lit 0;I Illeir 41 t ' i 1 • ., 1 4r i• 1 , L . ... . - .-,, 'i WI w■-,...--, . I , ., t r.,...-p-v--1 I, ,., I i 1 I I/) / lir . t ' 1 ;ST CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: PROVIDENCE PRESBYTERIAN CHURCH [Applicant & Property Owner] Conditional Use Permit(Child Care Education Center in a Religious Use) for the property located at 5497 Providence Road (GPIN 1466147370), COUNCIL DISTRICT — KEMPSVILLE. MEETING DATE: September 18, 2018 • Background: This a request for a Conditional Use Permit to operate a Child Care Education Center within a 6,250 square-foot portion of the 27,450 square-foot existing church building. According to the applicant, the proposed operation will likely accommodate many students from the recently closed Bow Creek Presbyterian Preschool. The anticipated enrollment is 50 children, and up to 10 employees will be hired. • Considerations: This request will provide additional educational opportunities for pre-school aged children, and will be a valued service for the surrounding community. No exterior modifications are proposed to the existing building. The existing church facility and parking lot can accommodate the proposed use without any alterations. There does not appear to be any adverse impacts to the surrounding uses and properties with this proposal. Staff is unaware of any opposition to the request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. The occupancy load for the Child Care Education Center shall be established by the City of Virginia Beach Building Official's Office. 2. A Certificate of Occupancy shall be obtained prior to operation of the Child Care Education Center. 3. In order to comply with Section 240.1 of the Zoning Ordinance for signage for Religious Uses in residential districts, no more than two freestanding signs, one at each entrance, shall be permitted on the property. Providence Presbyterian Church Page 2 of 2 ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/A•ency: Planning Departme ' diat City Manager: ik t..-1 ACitypplicantHCouncil& PropeElectionrty Owner Providence Presbyterian Church Agenda Item NIB 3 SeptemPublicearing DistrictberKempsvi12, 2018lle Virginia Beach Request t • a I I . e Conditional Use Permit (Child Care Education .,,� j",e >' 4-, _ e Center in Religious Use) ` a L. • ",.�, f y I Staff Recommendation .�..,, ."` s 1 i Approval pb4d^ w<<« , P Z «,,cow , t 111111 f Staff Planner z , t s,,„^° Jonathan Sanders i ` "°°�� • L I «o1M'rrOa j P -7 N. \8,,„.4 3322 4 1 Location I �,,, E 4 i ,.„—°nom > q 5497 Providence Road "� w..o.Aa:.' ,gyp. GPIN � "" 1 9 f 1466147370 t r"Fa.rM.(0. Site Size 2.82 Acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Church/R-7.5 Residential 1: Surrounding Land Uses and Zoning Districts pis North — ~ ' , Providence Road 4 # Single-family dwellings/ R-7.5 Residential :, South " Old Providence Roads \` 00._ Single-family dwellings/R-10 Residential „ e East Single-family dwelling / R-7.5 Residential _ s West s h Whitehurst Landing Road �� " Townhouses, single-family dwelling/A-12 . , , �" Apartment, R-10 Residential Providence Presbyterian Church Agenda Item 3 Page 1 Background and Summary of Proposal • This a request for a Conditional Use Permit to operate a Child Care Education Center within a 6,250 square-foot portion of the Providence Presbyterian Church,which received a Conditional Use Permit in 1991. According to the church,the proposed operation will likely accommodate many students from the recently closed Bow Creek Presbyterian Preschool. • The anticipated enrollment is 50 children between the ages of two and a half to five years old. Ten staff persons are expected to be employed for the operation. Proposed hours of operation are between 7:00 a.m.to 4:00 p.m., Monday through Friday.The Building Official and the Department of Social Services will determine the maximum occupancy of the childcare education center. • No exterior modifications are proposed to the existing building.A small fenced-in area exists on the property to provide the children a safe and secure area to play outdoors. • An additional freestanding sign is planned, but design details or information on the location have not been submitted to Staff. • The Child Care Education Center is proposed within the southwest side of the building closest to the intersection of Whitehurst Landing and Old Providence Roads.The existing number of parking spaces on the site meet the requirements of Section 203 of the Zoning Ordinance for the Child Care Education Center and for the existing Religious Use on the site. E. ilj Vill- --:-.7-- ---: I.) iiii V-, y �� s✓� Zoning History i 4 l+ /!' .�� # Request _ 1 MOD(Reconsideration of Conditions)Approved � ,�� / i 04/14/1992 ) "5, ��re' CUP(Church Addition)Approved 05/14/1991 -,1-74-iiin .... 0 c, 00 0 W �,iri>~ti■ • „..,,,,,,,„ \9 Q a w c,.\ \\ \\ .....„4„... 16, 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 Evaluation and Recommendation The applicant's request to operate a Child Care Education Center within a church is consistent with the Comprehensive Plan's land use goals for the Suburban Area.This request will provide additional educational opportunities for pre-school aged children and will serve the surrounding community with no anticipated adverse impacts to the surrounding uses Providence Presbyterian Church Agenda Item 3 Page 2 and properties. The existing church facility and parking lot can accommodate the proposed use without any further alterations. A condition is recommended that limits the location of any future freestanding sign to one per entrance,consistent with the provisions of Section 240.1 of the Zoning Ordinance for signage for Religious Uses in residential districts. Based on the considerations above,Staff recommends approval of the request subject to the conditions below. Recommended Conditions 1. The occupancy load for the Child Care Education Center shall be established by the City of Virginia Beach Building Official's Office. 2. A Certificate of Occupancy shall be obtained prior to operation of the Child Care Education Center. 3. In order to comply with Section 240.1 of the Zoning Ordinance for signage for Religious Uses in residential districts, no more than two freestanding signs, one at each entrance, shall be permitted on the property. 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. 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 against 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 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. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There do not appear to be any significant natural or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity _ Generated Traffic Providence Road 24,260 ADT 14,800 ADT'(LOS°"C") Existing Land Use 2-190 ADT 22,800 ADT (LOS""E") Proposed Land Use 3-204 ADT 1 Average Daily Trips 2as defined by a 27,000 3 as defined by a 27,000 square foot 4 LOS=Level of Service square foot church church and day care for up to 50 Providence Presbyterian Church Agenda Item 3 Page 3 Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer services. Providence Presbyterian Church Agenda Item 3 Page 4 Site Layout ,, ' - u T _ E ROAQ _ -may *rte �,� 7 41\ s y lilinkrik Gle• CHILD CARE , - !_ AREA .,,,, ,- _ 4, 0: ,0 ,,, , -�pQ�O a 111 a r J Providence Presbyterian Church Agenda Item 3 Page 5 Site Photos ii .11rgilli.\11 i z. r ' e� I r . * ya,, ,,a r; .- :.tea° 1H - 1E - 1 - -r . hf1� q _- g lfilr ,, ',,..-.-.7.',---.--.f--,-,!.----,-, ,,....:;.,,_,-. _N_ - — ,ate Providence Presbyterian Church Agenda Item 3 Page 6 Disclosure Statement A/13 air.ia Reath APPLICANT'S NAME Providence Presbyterian Church 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 Exce•tlon for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals J Certificate of Floodplain Variance Appropriateness — m 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 t 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 In any Page 1 of 7 Plarnin Commission and Cit Council meetin;that;:ertains to the a. lication(si, APPLICANT NOTIFIED OF HEARING DATE NO CHANGES AS OF DATE. GI/6-4 JS Jonathan Sanders REVISIONS SUBMITTED I DATE' Providence Presbyterian Church Agenda Item 3 Page 7 Disclosure Statement \113 Virginia Beach ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT /S a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Providence Presbyterian Church 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) Trustees: Karen Dixon, Jerry Barnes (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) 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. 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 7 Providence Presbyterian Church Agenda Item 3 Page 8 Disclosure Statement Nfi3 1'irg:nia Reach 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) '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§ 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: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Providence Presbyterian Church Agenda Item 3 Page 9 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) 1 1 © Accounting and/or preparer of your tax return Architect/ Landscape Architect/ Cox,Kliewer&Company,P.C. Land Planner Contract Purchaser(if other than nXI the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed (� ® purchaser of the subject property 1 I (identify purchaser(s)and purchaser's service providers) CXx Construction Contractors Engineers/Surveyors/Agents Financing (include current 111 '/ mortgage holders and lenders �. selected or being considered to provide financing for acquisition or construction of the property) ri ® Legal Services Real Estate Brokers / (� �( 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 ® 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 Providence Presbyterian Church Agenda Item 3 Page 10 Disclosure Statement ILO„ 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. • - Karen Dixon,Trustee 6/25/2018 i.OPLRTY OwNEKVNGNATURE PRINT NAME DATE 1 Providence Presbyterian Church Agenda Item 3 Page 11 Item#3 Providence Presbyterian Church Conditional Use Permit 5497 Providence Road District-Kempsville September 12,2018 CONSENT Mrs. Oliver: The next matter is agenda item #3 and this is an application for a Conditional Use Permit Child Care Education Center in a Religious Use on property located at 5497 Providence Road located in the Kempsville District. Is there a representative on this application? Mrs. Oliver: Hi.Welcome. If you could please state your name. Dr. Bell: Thank you. Pastor Jeff Bell of Providence Presbyterian Church here with Ruling Elder Gary Reese and Preschool Director Brooke Gwynn. We appreciate the time working with Jonathan Sanders of your staff and your willingness to hear this and include it into the neighborhood. Mrs. Oliver: Are the conditions set forth in the application acceptable to you? Dr. Bell: They are acceptable to us. Mrs. Oliver: Thank you very much. Is there any opposition to this matter being placed on the consent agenda? Hearing none the chairman has asked Commissioner Weiner to read this into the record. Mr.Weiner: Thank you Mrs. Oliver. This is a Conditional Use Permit request for a Child Care Education Center in a Religious Use. This request is for Providence Presbyterian Church, the applicant, with anticipated enrollment of 50 children with the proposed hours of operation from 7:00 a.m. to 4:00 p.m., Monday through Friday. A small fenced in area exists within the property to provide the children a safe and secure area to play outdoors. Staff recommends approval and we place this on the consent agenda. 1 AYE 9 NAY 0 ABS 0 ABSENT 2 HODGSON AYE HORSLEY ABSENT INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL ABSENT WEINER AYE Pam Sandloop: By recorded vote of 9-0, the items number 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, and 13 have been approved by consent with Commissioner Weiner abstaining from items number 8 and 9. CONDITIONS 1.The occupancy load for the Child Care Education Center shall be established by the City of Virginia Beach Building Official's Office. 2.A Certificate of Occupancy shall be obtained prior to operation of the Child Care Education Center. 3. In order to comply with Section 240.1 of the Zoning Ordinance for signage for Religious Uses in residential districts,no more than two freestanding signs,one at each entrance, shall be permitted on the property. 2 M. APPOINTMENTS BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS -ELECTRICAL DIVISION COMMUNITY ORGANIZATION GRANT (COG) AND ALLOCATION REVIEW COMMITTEE GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION INVESTIGATION REVIEW PANEL PERSONNEL BOARD PUBLIC LIBRARY BOARD STORMWATER APPEALS BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT ****************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ************************* CITY COUNCIL TUESDAY, NOVEMBER 6, 2018 CANCELLED ELECTION DAY CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:09/04/2018 PAGE: 1 D A AGENDA V ITEM# SUBJECT MOTION VOTE A E H W B N E J U I B P DNOKM H L W O 0 Y L N A 0 R S 0 T R EEENS I 0 0 T TR Y _ S ES N N D CITY COUNCIL'S BRIEFING A. SHORT TERM RENTAL—Discussion City Council IL CITY MANAGER'S BRIEFING A. 2019 DRAFT LEGISLATIVE AGENDA Robert Matthias, Assistant to the City Manager for Government Affairs III/IVN/ CERTIFICATION CERTIFIED 8-0 Y Y A Y Y Y Y Y A Y VINII A-E F/G MINUTES A B August 21,2018 APPROVED 7-0 YY A Y Y Y Y s A Y T A N E D MINUTES A Special Formal Session APPROVED P 7-0 Y Y A Y Y Y s Y A Y August 28,2018 T A N E D H. MAYOR'S PRESENTATION 1. Virginia Wesleyan University Softball Brandon Elliott,Coach PUBLIC HEARINGS 1.1. ACQUISITION OF AGRICULTURAL NO SPEAKERS LAND PRESERVATION(ARP) EASEMENT 3600 Block of Charity Neck Road and 1700 Block of Pleasant Ridge Road 1.2. POLLING PLACE CHANGES a. Redwing Precinct to Seatack Elementary NO SPEAKERS School b. Trantwood Precinct to Trantwood NO SPEAKERS Elementary School J. ORDINANCES/RESOLUTIONS J.1. Resolution to AUTHORIZE a contract ADOPTED,BY 7-0 Y A A Y Y Y Y Y A Y between the Virginia Beach Community CONSENT Services Board and the Commonwealth of Virginia CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:09/04/2018 PAGE: 2 D A AGENDA V ITEM# SUBJECT MOTION VOTE A E H W B N E J U I B PDNOKM H L W O 0 Y L N A 0 R S 0 T R E E ENS I 0 0 T T R Y S ES N N D J.2 Ordinances to AMEND the City Code: a. Section 7-66 re designation of City highways ADOPTED,BY 7-0 Y A A Y Y Y Y Y A Y for golf cart operation in Ashville Park and CONSENT Chesapeake Bay—East of Northampton Boulevard b. Section 10-1 re Polling Location Changes ADOPTED 8-0 Y Y A Y Y Y Y Y A Y for Redwing Precinct to Seatack Elementary School and Trantwood Precinct to Trantwood Elementary School c, Section 21-230 re designation of ADOPTED 8-0 YYAYYY Y Y A Y Mediterranean Avenue between Virginia Beach Boulevard and Norfolk Avenue to the Traffic Calming Ordinance J.3 Ordinance to EXTEND the date to satisfy the ADOPTED,BY 7-0 Y A A Y Y Y Y Y A Y conditions re closing a portion of Euclid CONSENT Road adjacent to 5073 Virginia Beach Boulevard J.4 Ordinance to AUTHORIZE the acquisition ADOPTED,BY 6-1 Y A A Y Y Y N Y A Y of an Agricultural Land Preservation(ARP) CONSENT Easement from Robert W. White,Jr. et al. (113.07+/- acres) at the 3600 Block of Charity Neck Road and 1700 Block of Pleasant Ridge Road J.5 Ordinance to AUTHORIZE temporary ADOPTED,BY 7-0 Y A A Y Y Y Y Y A Y encroachments into a portion of City Property CONSENT known as Croatan Beach at the rear of 536 South Atlantic Avenue re construct and maintain timber beach access J.6 Ordinance to ESTABLISH Capital ADOPTED 8-0 Y Y A Y Y Y Y Y A Y Improvement Program (CIP) re EMS Headquarters Audio Visual Upgrades and TRANSFER $250,000 from the Housing Resource Center CIP(Deferred from August 21,2018) J.7 Ordinance to TRANSFER $167,166 from ADOPTED 8-0 Y Y A Y Y Y Y Y A Y the Housing Resource Center CIP to the Various Buildings Rehabilitation and Renewal IV CIP re electrical upgrades to the Farmers Market(Deferred from August 21,2018) J.8 Ordinance to ACCEPT and ADOPTED,BY 7-0 Y A A Y Y Y Y Y A Y APPROPRIATE additional$12,460 Grant CONSENT Funds re Victim Witness Program in the Commonwealth Attorney's Office J.9 Ordinance to APPROPRIATE$200,000 of ADOPTED,BY 7-0 Y A A Y Y Y Y Y A Y Fund Balance from the Sheriff's Office CONSENT Special Revenue Fund to the Sheriffs FY 2018-2019 Operating Budget re replacement of kitchen equipment CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:09/04/2018 PAGE: 3 D A AGENDA V ITEM# SUBJECT MOTION VOTE A E H W B N E J U 1 B P DNOKM H L W O 0 Y L N A 0 R S 0 T R E E ENS I 0 0 T TR YS ES N N D K. APPOINTMENTS RESCHEDULED B YC ON S ENS US BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS— ELECTRICAL DIVISION COMMUNITY ORGANIZATION GRANT (COG)AND ALLOCATION REVIEW COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATION REVIEW PANEL PERSONNEL BOARD PUBLIC LIBRARY BOARD STORMWATER APPEALS BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD COMMUNITY SERVICES BOARD Appointed: 8-0 Y Y A Y Y Y Y Y A Y Gayle Colson Unexpired Term thru 12/31/2018 +3 Year Term 1/1/2019—12/31/2021 HOUSING ADVISORY BOARD Reappointed: 8-0 Y Y A Y Y Y Y Y A Y Ann Crenshaw 4 Year Term 10/1/2018—9/30/2022 OLD BEACH DESIGN REVIEW Appointed: 8-0 Y Y A Y Y Y Y Y A Y COMMITTEE Nancy Parker No Term PUBLIC LIBRARY BOARD Reappointed: 8-0 Y Y A Y Y Y Y Y A Y Helena Gourdine- Thorpe Mamie Johnson 4 Year Term 9/1/2018—8/31/2022 Appointed: 8-0 Y Y A Y Y Y Y Y A Y Kira Williams,Student 2 Year Term 9/4/2018—8/31/2020 Appointed: 8-0 Y Y A Y Y Y Y Y A Y Nealy Gihan Thomas Zimmerman 4 Year Term 9/4/2018—8/31/2022 VIRGINIA BEACH COMMUNITY Appointed: 8-0 Y Y A Y Y Y Y Y A Y DEVELOPMENT CORPORATION Chris Brown Robert Ewell Myron Nahra 4 Year Term 9/4/2018—8/31/2022 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:09/04/2018 PAGE: 4 D A AGENDA V ITEM# SUBJECT MOTION VOTE A E H W B N E J U I B P DNOKM H L W O 0 Y L N AO R S 0 T R E E ENS I 0 0 T T R Y S E S N N D WETLANDS BOARD Reappointed: 8-0 Y Y A YY Y Y Y A Y Stephen Ballard James Vail 5 Year Term 10/1/2018—9/30/2023 IJM/N ADJOURNMENT 6:32 P.M. OPEN DIALOGUE 1SPEAKER 6:35 P.M. NOTE:Councilman Davenport stepped out during the Vote for the Consent Agenda.