HomeMy WebLinkAboutJANUARY 4, 2005 AGENDA
,
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR LOUIS R. JONES, Bayside - District 4
HARRY E. DIEZ,EL, Kempsville - District 2
ROBERT M. DYER, Centerville - District J
REBA S. McCLANAN, Rose Hall - District 3
RICHARD A. MADDOX, Beach - District 6
.JIM REEVE, Princes.f Anne - District 7
PETER W. SCHMIDT. At-Large
RON A. VILLANUEVA, At-Large
ROSEMARY WILSON, At-Large
.JAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL AGENDA
.JAMES K. SPORE, City Manager
LESLIE L. ULLEY, City Attorney
RUTH HODGES SMITH, MMCA, City Clerk
4 JANUARY 2005
I.
- Conference Room
CITY MANAGER'S BRIEFINGS
A.
JOINT LAND USE STUDY (JLUS)
Robert J. Scott, Dìrector, Plannìng and AICUZ Task Force
B.
PHOTO SAFE UPDATE
Chìef A. M. Jacocks, Polìce
c.
TOWN CENTER - PHASE III
Carol Hahn, Deputy Cìty Attorney
II.
CITY COUNCIL LIAISON REPORTS
III.
CITY COUNCIL COMMENTS
IV.
REVIEW OF AGENDA ITEMS
V.
INFORMAL SESSION
- Conference Room
A.
CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
ROLL CALL OF CITY COUNCIL
C.
RECESS TO CLOSED SESSION
CITY HALL BUll-DING J
2401 COURTHOUSE DRIVli
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE: (757) 427-4303
FAX (757) 426-5669
E MAIL:Ctycncl@vbgov.com
2:00 P.M.
4:30 P.M.
f'
VI.
FORMAL SESSION
6:00 P.M.
I.
- Councìl Chamber
A.
CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
INVOCATION:
Reverend Tommy Taylor
London Bridge Baptìst 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
December 14, 2004
G.
AGENDA FOR FORMAL SESSION
H.
PUBLIC HEARING
1.
CITY PROPERTY LEASE FRANCHISES
a.
b.
c.
d.
CourtYard Marriott Café - 2501 Atlantìc Avenue - Boardwalk Café
Black Angus - 706 Atlantìc Avenue - Sìdewalk Café
Albìe's Pìzza - 200 21 st Street - Sìde Street Café
Dough Boys 24th Café - 2401 Atlantìc Avenue - Sidewalk Café
Planet Pìzza Café - 812 Atlantìc Avenue - Sìdewalk Cafe
e.
RESO L UTI ONS/ORD INAN CES
1.
Resolutìon to AUTHORIZE a non~bìndìng Term Sheet re Phase III of the Town
Center, requestìng EXECUTION by the Vìrgìnìa Beach Development Authority
(VBDA) and AUTHORIZING the development of supplemental project documents.
2.
Resolutìon to AUTHORIZE the ìssuance of Industrial Development Revenue Bonds
(IDB) ìn an amount not to exceed $5,500,000 for the benefit of London Bridge
Holding, LLC re financìng the acquìsìtìon, constructìon and equìppìng of property and
ìmprovements at London Bridge Road and Precisìon Drìve.
,.
3.
Resolution AUTHORIZING the Cìty Manager execute a Memorandum of
Understandìng (MOU) wìth the District of Columbia during the 2005 Presidential
Inauguration (January 15-21, 2005).
4.
Ordìnance to AMEND Chapters 1-2,6-3,6-5,6-30,6-114 and 31-28 of the Cìty Code re
the definìtìon of resort season.
5.
Ordìnance to RENEW five exìstìng franchìses for the operatìon of Open Aìr Cafes ìn
the Resort Area:
c.
d.
CourtYard Marriott Café - 2501 Atlantìc Avenue - Boardwalk Café
Black Angus - 706 Atlantìc Avenue - Sìdewalk Café
Albìe's Pìzza - 20021 st Street - Sìde Street Café
Dough Boys 24th Café - 2401 Atlantìc Avenue - Sìdewalk Café
Planet Pìzza Café - 812 Atlantìc Avenue - Sidewalk Café
a.
b.
e.
6. Ordìnance AMENDING the Resort Advìsory Commìssìon (RAC) Bylaws re the
composìtìon of their membershìp.
J.
PLANNING
1.
APPEAL decisìon of the Plannìng Dìrector re the Certificate of Appropriateness for (J
sign at Vìllage Shops - Rose Hall ìn behalf of SUSAN KROHN.
RECOMMENDA nON:
DENIAL
2.
Applìcatìons of H&A ENTERPRISES, LLC at Independence Boulevard and Smoke)
Road: (DISTRICT 4 - BA YSIDE)
a.
Change of Zoninf! District Classification from R- 7.5 Residential District to
Conditional B-2 Community Business District
b.
Conditional Use Permit re motor vehìcle sales
RECOMMENDA nON:
DENIAL
K.
APPO INTMENTS
BIKEWAYS and TRAILS ADVISORY COMMITTEE
BOARD OF BUILDING CODE APPEALS - Maintenance Dìvìsìon
New Construction Dìvìsìon
COMMUNITY POLICY AND MANAGEMENT TEAM - CSA -AT RISK
COMMUNITY SERVICES BOARD
FRANCIS LAND HOUSE BOARD OF GOVERNORS
HEALTH SERVICES ADVISORY BOARD
HISTORICAL REVIEW BOARD
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE
MINORITY BUSINESS COUNCIL
PARKS and RECREA nON COMMISSION
TOWING ADVISORY BOARD
L.
UNFINISHED BUSINESS
M.
NEW BUSINESS
N.
ADJOURNAMENT
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PUBLIC COMMENTS
Non agenda Items
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..............
'fyou are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: Virginia Relay Center at
1-800-828-1120
..............
Agenda OIlO4/05/sb
www.vbgov.com
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iRtønlutintt
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Vìrginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded here and in accordance with the provisìons of The
Vìrginia Freedom of Infonnation Act; and,
WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the
governing body that such Closed Sessìon was conducted in conformìty with Vìrginia Law.
NOW, THEREFORE, BE IT RESOLVED:
That the Virginia Beach City Council
hereby certifies that, to the best of each member's lœowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed
Sessìon to whìch this certification resolution applies; and, (b) only such public business matters
as were identified ìn the motion convening this Closed Session were heard, discussed or
considered by Virginia Beach City Council.
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PUBLIC NOTICE
LEASES OF,CITY PROPERTY
The Virginia Beach City Council will hold a PUBLIC HEARING at 6:00
p.m. on Tuesday, January 4, 2005, in the City Council Chamber regard-
ing .th. e proposed... cafe.'.... fra. nchise lease agreemen~ of City-owned prop-¡
erty to the entities listed below:
Five Year Franchise Renewals: . i
Courtyard MarriottCafé(2501Atlantic Avenue) boardwalk café;
Black Angus (706 Atlantic Avenue) sidewalk café; .
Albie's Pizza (200 21st Street) side street café; . ..
Dough Boys 2.4th Café (2401 Atlantic Avenue) sidewalk café; and"
Planet PiZza Cà(é (812 Atlantic Avenue) sidewalk café.
The purpos~ öf this Hearing will be to obtain public comment on these
proposed leases.of City property. The City Council Chamber is located
on the second f!öor of the City Hall building (Building #1) at 2401
Courthouse Drive, Any questions 'concerning the above-referenced
franchises should be directed to Rob Fries, Virginia Beach Convention
and Visitors Bureau, by calling (757) 437-4800.
. Ruth Hodges Smith, MMC
. City Clerk
q~~
'.f
Beacon Dee, 26, 2004
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
A Resolution to Approve a Non-Binding Term Sheet Relating to the
Development of Phase III of the Town Center (Central Business District),
Requesting Approval and Execution by the Virginia Beach Development
Authority and Authorizing the Development of Supplemental Project
Documents.
MEETING DATE: January 4, 200S
.
Background: The Town Center Project (the "Project") has been a long-term
priority for the City. The City Council first recognized the importance of the
Project in the Central Business District of the City when it adopted the
Comprehensive Plan on November 4,1997. On November 23,1999, the City
Council adopted the Central Business District - South Tax Increment Financing
District with the intent of entering into an agreement with a developer and using
the funds to help pay for the City's participation in the Project. At its February 8,
2000 meeting, the City Council approved a Development Agreement for Phase I
of the Project containing the rights and obligations of the Virginia Beach
Development Authority (the "Authority") and Town Center Associates, L.L.C. (the
"Developer"). Phase I of the Project, comprised of a 272,000 square foot office
tower, 109,000 square feet of commercial space, a 176-room hotel, an 18,000
square foot bank headquarters building, a 1 ,284-car public parking garage, and
public streets, sidewalks and utilities, has been substantially completed.
.
On June 3, 2003, the City Council approved the Phase II Development
Agreement containing the rights and obligations of the Authority and the
Developer with respect to Phase II of the Project. One of the blocks associated
with the second phase of the Project, the Galyan's Sports and Outdoor
Adventure Store, opened in April of 2004 with an adjoining S74-space public
parking facility, and 18,000 square feet of retail space. Future development
includes a 1 O-story 341-unit luxury apartment complex with an 8S8-space public
parking facility, a public plaza and 194,000 square feet of
office/retail/entertainment space.
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On October 12, 2004, the City Council approved acquisition of a Portion of Block
6 of Town Center for the Performing Arts Center, and authorized award of the
Design & Construction contract under the PPEA for the Theater to Clancy &
Theys.
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A draft Term Sheet was presented to City Council at its November 9,2004
meeting, outlining the proposed Phase III development. Since that time, the
Developer and the City have been working to finalize the details of the Term
Sheet.
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On December 7, 2004, the City Council deferred indefinitely action on the Phase
III Term Sheet.
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Considerations: Phase III of Town Center will be a multi-block, multi-facility
mixed-use development consisting of the following elements:
Block 6 will have approximately 40,000 square feet of retail/office adjacent to the
Performing Arts Center.
Block 7 will comprise an approximately 30-story high-rise, including
approximately 33,000 square feet of retail space and lobby for the Hotel, 17,000
square feet of meeting and pre-function space, 215-room full service Westin
Hotel, 104 luxury residential condominiums, and 1, 150-space public parking
garage. The uses as described are preliminary as design is still in the early
stages.
Block 9 will contain an approximate 75,000 to 100,000 square foot building of
multi-use space.
.
Public Information: Public Information for this item will be handled through the
normal Council agenda process.
.
Alternatives: This Term Sheet reflects the City's on-going commitment to the
long-term priority of developing a Town Center for the City. There are certainly
other alternatives to development of the Central Business District. However, few
if any alternatives accomplish Council's stated goals for the area or provide the
level of quality proposed.
.
Recommendations: Approve the Term Sheet relating to Phase III of the Town
Center (Central Business District), request approval and execution by the
Virginia Beach Development Authority and authorize the development of
Supplemental Project Documents.
.
Attachments: Term Sheet; Resolution
Recommended Action: Approval of attached Resolution
Submitting Department/Agency: Economic Development tJ\ ~ \J I (.MAi
~~'~
City Manager:
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RESOLUTION APPROVING A NON-BINDING
TERM SHEET RELATING TO PHASE ill OF THE
TOWN CENTER PROJECT, REQUESTING
APPROV AL BY THE VIRGINIA BEACH
DEVELOPMENT AUTHORITY AND
AUTHORIZING THE DEVELOPMENT OF
SUPPLEMENTAL PROJECT DOCUMENTS
WHEREAS, on behalf of the Cìty of Vìrgìnìa Beach (the "City") and the Cìty of
Virgìnia Beach Development Authority (the "Authority"), the Cìty Manager and Cìty staff have
engaged ìn extensìve negotìatìons wìth representatìves of Armada/Hoffler Development Company,
LLc., and ìts affilìates, regardìng the continued development of a Central Busìness Dìstrict Project
known as "The Town Center ofVìrginia Beach" (the "Project");
WHEREAS, the Project is a development arrangement between the Authority and
Town Center Assocìates, LLc. (the "Developer"), for a mixed use commercial development
utilizing the structure of an economic development park ìn the B-3A Pembroke Central Busìness
Core District, an area of the Cìty that is zoned to optimize development potentìal for a mìxed-use,
pedestrian-oriented, urban actìvìty center with mid-to-hìgh-rise structures that contain numerous
types of uses, ìnc1udìng business, retaìl, resìdential, cultural, educatìonal and otherpublìc and private
WHEREAS, on November 23, 1999, the Cìty Council adopted Ordìnance No. 99-
2567B establìshing the Central Busìness Dìstrict-South Tax Increment Fìnancìng Fund (the "TIP
Fund");
WHEREAS, Phase I of the Project has been substantìally completed and Phase II of
the Project is under construction, with several blocks of Phase IT substantìally completed;
WHEREAS, the Developer has worked wìth the Cìty Manager and City staff and has
proposed a comprehensìve development plan for Phase ill of the Project;
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WHEREAS, the Developer has worked wìth the Cìty Manager and Cìty staff to
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develop a non-bindìng term sheet dated December 7, 2004, (the "Phase III Term Sheet"), whìch
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outlines (a) minor modìficatìons to Phase II ofthe Project, (b) a comprehensìve development plan for
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Phase III of the Project and (c) the proposed responsibìlìtìes of the Cìty, the Authority and the
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Developer wìth respect to Phase III ofthe Project;
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WHEREAS, a complete copy of the Term Sheet ìs attached to thìs Resolution as
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Exhìbìt A and was provided to the City Councìl prior to ìts December 7, 2004, meetìng;
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WHEREAS, the oblìgations of the Authority out1ìned ìn the Term Sheet would be
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supported by a support agreement between the Cìty and the Authority (the "Phase ill Support
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Agreement"), wìth the traditìonal publìc ìnfrastructure costs of the Project to be funded in part
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through the City's CIP and ìn part through the Authority's Economic Development Investment
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Program monies and the other oblìgations ofthe Authority structured to be paid, subject to annual
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appropriatìon, by the available revenue from the TIP Fund, from the revenue generated by the special
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tax district and by an addìtional mechanìsm for the Developer to pay proj ected shortfalls ìn the TIP
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WHEREAS, the Cìty Council finds that Phase ill of the Project wìll stìmu1ate the
economy, ìncrease public revenues, enhance public amenitìes and further the Cìty's
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development objectives for the Central Business Dìstrict and provìde necessary components to
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further the goals contaìned ìn the City's Guidelines for Evaluation of Investment Partnershìps for
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Economic Development; and
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WHEREAS, the City Councìl desires that the Authority approve and execute the
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Term Sheet and pursue the development of supplemental Project Documents to be negotìated ìn
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substantial conformity with the terms set forth in the Term Sheet.
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I 52 VIRGINIA BEACH, VIRGINIA;
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NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
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1.
The City Councìl approves the non-bìndìng Term Sheet dated December 7,
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2004, (the "Term Sheet") between the City of Virgìnia Beach Development Authority (the
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"Authority") and Town Center Associates, LL.c. (the "Developer"), a complete copy ofwhìch is
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attached to thìs Resolution as Exhibit A, which outlìnes mìnor modìficatìons to Phase II of the
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Project and a comprehensive development plan for Phase ill of the mixed-use commercìal
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development project ìn the Central Busìness District utìlìzing the structure of an economìc
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development park known as the "Town Center ofVirgìnia Beach" (the "Project").
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2.
The City Council requests and recommends that the Authority adopt a
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Resolutìon consìstent wìth thìs Resolutìon approving the Term Sheet, authorizìng ìts execution, and
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authorizing the City Manager and the Cìty Attorney, on behalf of the Authority, to proceed with the
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development of supplemental Project documents necessary and appropriate to implement the
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changes to Phase II and Phase ill of the Project substantially as outlined ìn the Term Sheet.
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3.
On behalf of the Cìty of Vìrginia Beach, the City Manager and the City
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Attorney are hereby authorized and dìrected to proceed wìth the development of supplemental
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Project documents necessary and appropriate for the modìficatìons to the Project out1ìned ìn the
Term Sheet, with such supplemental Project documents to be in substantìal conformìty with the
terms outlined ìn the Term Sheet.
4.
The Cìty Manager is dìrected to return the final supplemental Project
documents for approval by the City Council and the Authority and for authorization to execute the
Phase III Support Agreement so that the Authority can then proceed wìth the next phase of the
Project.
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Adopted by the Council ofthe City ofVìrgìnia Beach, Virgìnìa, on the
day
,2004.
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CA-9353
F:\DataIA TY\Ordin\NONCODE\Early 04 - ORDIN\town center phase III. v3.doc
APPROVED A~ TO COfTENT:
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EconomIc Development
APPROVED AS TO LEGAL SUFFICIENCY:
(k~ J Mdt-
Cìty Attorney
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CITY OF VIRGINIA BEACH
AGENDA ITEM
)
~
ITEM: Resolution approving the issuance of industrial development revenue bonds in
an amount not to exceed $5,500,000 for the benefit of London Bridge Holding, LLC to
assist in the financing of the company's acquisition, construction and equipping of
property and improvements located at the intersection of London Bridge Road and
Precision Drive in Virginia Beach, Virginia
MEETING DATE: January 4, 2005
.
Background:
The City of Virginia Beach Development Authority (the "Authority") has
considered the request of London Bridge Holding LLC (the "Company") for the
issuance of the Authority's industrial development revenue bonds in an amount
not to exceed $5,500,000 to assist in the financing of the Company's acquisition
of a certain parcel of land containing approximately 6.546 acres located at the
intersection of London Bridge Road and Precision Drive in the City of Virginia
Beach, Virginia. This matter was approved by City Council on May 6, 2003,
however problems securing permanent financing prevented the bonds from
being issued in the one-year period after approval, and therefore the request was
cancelled. The applicant re-applied after securing financing and a resolution was
passed by the Authority on November 18, 2004 recommending that the City
Council approve issuance of the bonds.
.
Considerations:
The matter comes before Council for its approval pursuant to § 15.2-4906 of the
Code of Virginia which requires the municipality on behalf of which the bonds of an
authority are issued to either approve or disapprove any financing recommended by
such authority within sixty (60) days of the date of the authority's public hearing.
.
Public Information:
The request was duly advertised for a public hearing before the Authority in
accordance with the requirements of Section 15.2-4906 of the Virginia Code.
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Alternatives:
Not Approve, which would result in the bonds not being issued for the facilities.
.
Recommendations:
Approval
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. Attachments:
lOP Submission to Council
Location Map
Resolution for City of Virginia Beach
Affidavit to Publication & Notice
Notice of Public Hearing
Record of Public Hearing
Development Authority's Resolution
Disclosure Statement
Authority's Statement
Fiscal Impact Statement
Summary Sheet
Letter from Department of Economic Development November 18, 2004
APPROVAL
Submitting DepartmentlA~nCY: Development Authority
~~~::~::.~~ ,~:. ~::.m~..
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RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
APPROVING THE ISSUANCE OF INDUSTRIAL
DEVELOPMENT REVENUE BONDS (LONDON
BRIDGE HOLDING LLC PROJECT)
WHEREAS, the Cìty of Virgìnia Beach Development Authority (the "Authority") has
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consìdered the applicatìon of London Bridge Holdìng LLC (the "Company") for the ìssuance of
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the Authority's industrial development revenue bonds in an amount not to exceed $5,500,000
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(the "Bonds") to assìst ìn the financìng of the Company's acquisìtìon, constructìon and equìpping
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of a manufacturing facìlity to be leased to London Bridge Trading Company, LTD. for use ìn ìts
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business of manufacturing sewn nylon equìpment (all ìmprovements and land beìng collectìvely
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referred to as the "Facilìty") and has held a publìc hearing thereon on November 18, 2004; and
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WHEREAS, the Authority has requested Cìty Councìl (the "Councìl") ofVirgìnìa Beach,
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Virginìa (the "Cìty") to approve the issuance of the Bonds to comply with Sectìon 147(f) of the
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Internal Revenue Code of 1986, as amended; and
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WHEREAS, pursuant to Sectìon 15.2-4906, Code ofVirgìnia, 1950, as amended, a copy
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of the Authority's Resolution approvìng the issuance of the Bonds, subject to terms to be agreed
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upon, and a reasonably detaì1ed summary of the comments expressed at the public hearing, if
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any, have been filed wìth the Councìl of the Cìty ofVirgìnìa Beach, Vìrgìnia.
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
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VIRGINIA:
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1.
The Councìl of the Cìty ofVìrgìnìa Beach, Vìrgìnìa, approves the issuance of the
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Bonds by the Cìty of Vìrginia Beach Development Authority, ìn a princìpal amount not to exceed
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$5,500,000 to finance the Company's acquìsition, construction and equìppìng of a manufacturing
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facility to be leased to London Bridge Trading Company, LTD. for use in its business of
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manufacturing sewn nylon equìpment to the extent required by Section 147(f) of the Internal
30 Revenue Code.
31 2.
32 not constitute
The approval of the ìssuance of the Bonds, as requìred by Sectìon 147(f) does
an endorsement of the. Bonds or the credìtworthìness of the Company; but,
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pursuant to Chapter 643, Virgìnia Acts of Assembly of 1964, as amended, the Bonds shall
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provide that neither the Cìty nor the Authority shall be obligated to pay the Bonds or the ìnterest
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thereon or other costs incident thereto except from the revenues and moneys pledged therefor,
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and neither the faith or credìt nor the taxing power of the Commonwealth, the City or the
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Authority shall be pledged thereto.
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3.
In approving the Resolutìon, the Cìty of Vìrgìnìa Beach, ìnc1uding ìts elected
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representatìves, officers, employees and agents, shall not be lìable and hereby dìsc1aims all
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liability for any damages to any person, dìrect or consequential, resulting from the Authority's
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failure to ìssue Bonds for the Facility for any reason.
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4.
Thìs Resolution shall take effect ìmmedìately upon its adoption.
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Adopted by the Councìl of the Cìty of Vìrgìnia Beach, Vìrgìnia, on the - day of
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December, 2004.
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CA9433
November 23,2004
H:IOIDIREALESTATEIDEVAUTH\BONDlWORKIDAI576 London Bridge TradingIResolution of City Council.DOC
#385491 v2 - Resolution of City Council
3
APPROVED AS TO LEGAL
SUFFICIENCY:
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City c:>f Virgir1ia Beach
LESLIE L. LILLEY
CITY ATTORNEY
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456-9004
(757) 427-4531
FAX (757) 426-5687
TDD (757) 427-4305
November 18, 2004
The Honorable Meyera E. Oberndorf, Mayor
Members of Cìty Council
Municìpal Center
Virginia Beach, VA 23456
Re:
London Bridge Holding LLC
Revenue Bonds
Dear Mayor Oberndorf and Members of Cìty Councìl:
We submìt the following ìn connection with project London Bridge Holdìng LLC located at
2601 Reliant Drive ìn the city ofVìrgìnia Beach, Vìrginìa.
(1) Evidence of publìcatìon of the notìce of hearing ìs attached as Exhibit A, and a
summary ofthe statements made at the public hearing is attached as Exhibit B . The Cìty ofVìrgìnìa
Beach Development Authority's (the "Authority") resolutìon recommendìng Council's approval is
attached as Exhibit C.
(2) The Dìsc1osure Statement ìs attached as Exhibit D.
(3) The statement of the Authority's reasons for its approval as a benefit for the Cìty of
Virgìnia Beach and ìts recommendatìon that Cìty Councìl approve the modification of the bonds
described above is attached as Exhibit E.
(4) The Fiscal Impact Statement ìs attached as Exhibit F.
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The Honorable Meyera E. Oberndorf, Mayor
Members of City Council
March 8, 2000
Page 2
(5) Attached as Exhibit G is a summary sheet settìng forth the type of issue, and identìfyìng
the Project and the princìpals.
(6) Attached as Exhibit H ìs a letter from the appropriate City department commentìng on
the Project.
JVH/mlg
Enclosures
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EXHIBIT "A"
TERM SHEET
PHASE III
December 7, 2004
Representatives of the City of Virginia Beach (the "City"), the Virginia Beach
Development Authority (the "Authority"), and Town Center Associates, LLC.
(the "Developer") desire to develop the third phase ("Phase III") of the mixed-use
commercial development known as The Town Center of Virginia Beach (the
"Project"). The development arrangements for Phase I and Phase II of the
Project are set forth, respectively, in (i) a Development Agreement (the
"Development Agreement"), made as of March 6, 2000 between the Developer
and the Authority, as supplemented by First Supplement to Development
Agreement, made as of February 28,2000, and a Second Modification to
Development Agreement dated as of August 30, 2001, and (ii) a Phase II
Development Agreement (the "Phase II Development Agreement") dated June
17,2003 between the Developer and the Authority, as amended by a First
Modification to Development Agreement dated as of July 12, 2004. The
Developer has proposed a development transaction (the "Transaction") that
envisions a comprehensive development plan for Phase III. This Term Sheet
outlines the principal terms of a public/private development arrangement for the
Transaction.
This Term Sheet is an outline of terms. Moreover, this Term Sheet is not,
nor is it intended to be, an offer, an acceptance, or a binding agreement of any
kind. To the contrary, this Term Sheet is only a summary of the basic terms of a
possible transaction, which may be agreed in principle only. Although this Term
Sheet identifies many of the material issues, any possible Transaction is complex
and issues may arise during preparation and negotiation of definitive
documentation that have not been discussed in this Term Sheet. Accordingly,
legal obligations to each other will only be as specified in any definitive
agreements that ultimately may be approved by City Council and the Authority's
board, and executed by all of the parties. Additionally, none of the parties to this
Term Sheet are under any obligation or duty to attempt to negotiate a
Transaction or any related documentation or, if such negotiations commence, to
continue such negotiations. Nonetheless, by approving this Term Sheet, each
party indicates its belief that this Term Sheet can form the basis for a Transaction
and the willingness to commence negotiation and preparation of definitive
documentation toward that end.
1.
General Description of Phase III.
(a) Multi-Block. Mixed-Use Project. Under the Transaction,
Phase III will be a multi-block, multi-facility mixed-use development. Phase III
will be comprised of:
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(i) Block 6 - Pursuant to the Phase /I Development
Agreement, the Authority has exercised its right to require the Developer to
release the Developer's right to purchase a portion of Block 6 to allow the
Authority and/or City to construct a performing arts center. The remainder of
Block 6 will consist of two parcels totaling approximately 40,000 square feet of
retail/office space, which will be owned by the Authority. The Authority shall
grant an option to the Developer to acquire the two remaining parcels under an
agreement substantially on the same terms as the Option Agreement. The
purchase price for each of the two parcels shall be an amount equal to the sum
of the Authority's (or the City's, as the case may be) cost of acquisition for each
parcel and the Authority's cost of carry from the date of acquisition to the date of
closing under the option. The improvements and schedule of construction for the
remainder of Block 6 by the Developer will be mutually agreed upon by the
Developer and Authority in the development agreement to be executed for Phase
/II.
(ii) Block 7 - The specific structures that will
comprise the development in Phase III are still under desiQn. The elements
of the proposed development on Block 7 are based upon conceptual
desiQns: thouQh the components to be contained in Block 7 are likely to
remain the same. the size of the structures and the elements within it
includln.9.ftimens,ons. square footaQes an~ associated costs) may ctlanQe
durinQ the desiQn process. Any such chanQes shall be subject to the
mutual aQreement of the parties. The current plans for Block 7 show an
approximately 30-story, multi-use structure comprised of:
(A) Approximately 33,000 square feet of first floor
retail space, lobby for the Hotel, as hereinafter described, and approximately
17,000 square feet of meeting, pre-function and support space (the "Meeting
Space");
(B) An approximately 1,150 space public parking
garage (the "Phase III Garage");
(C) 10-12 floors for an approximately 215 room full
service Westin hotel (the "Hotel"); and
CD) 16-19 floors of residential condominiums with
approximately 104 units ("Residential Condos").
(Hi) Block 9 - a structure for approximately 75,000 to
100,000 square feet of multi-use space.
2. Purchase of Phase /II Parkinq Garaqe and Meetinq Space and
Meetina Space Operatinq Agreement.
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(a) Two Purchase Obliqations. The Authority will purchase the
Phase /II Garage and the Meeting Space. Like the Block 4 and Block 12 parking
garages the Authority has purchased under the Development Agreements, the
Phase /II Garage and the Meeting Space will each be a condominium unit within
the multi-use structures to be constructed by the Developer on Block 7.
(b)
Pricinq.
(i) The purchase price for the Phase /II Garage will be
determined generally in the same manner as the Block12 garage (as set forth in
Exhibit 11.6 of the Phase /I Development Agreement). This price was determined
by multiplying the total number of qualifying parking spaces by a "Per Space
Factor". Qualifying parking spaces are those in compliance with the approved
plans and applicable law. The Per Space Factor will be the sum of the following
components: (i) agreed upon hard construction costs; (ii) agreed upon soft
construction costs; (Hi) an allocation of a portion of the land costs; and (iv) an
allocation of construction loan interest. In no event shall the total acquisition cost
for the Phase 1/1 Garage exceed a fixed amount to be agreed upon pursuant to
subpart (ii) below.
(H) The exact purchase price for the Phase 1/1 Garage will
be negotiated, but the negotiated maximum purchase price will be a fixed amount
and will be supported by the Authority's cost analysis for the Garage. In addition,
(x) the City's forecast of cash flows from the available TIF Revenues and (y) cash
payments from the Developer (such payment amounts remain to be negotiated)
must be sufficient to amortize over a 20-year period the anticipated financing of
the agreed purchase price for the Garage.
(iii) The purchase price for the Meeting Space will be the
sum of the following components: (i) agreed upon hard construction costs; (H)
agreed upon soft construction costs; (iii) an allocation of a portion of the land
costs; (iv) an allowance for an allocation of construction loan interest; and (v) the
initial cost for furniture, fixtures and equipment necessary to open the Meeting
Space for business. However, (x) the City's forecast of cash flows from the
available TIF Revenues and (y) cash payments from the Developer (such
payment amounts remain to be negotiated) must be sufficient to amortize over a
20-year period the anticipated financing of the agreed purchase price for the
Meeting Space. Unless otherwise mutually agreed, the total acquisition cost for
the Meeting Space shall not exceed the lesser of $6,500,000 or the actual cost
thereof.
(c) Meetinq Space Operatinq Aqreement. The Authority and
Hotel owner will enter into a Meeting Space Operating Agreement wherein Hotel
owner will have the right to use and will agree to manage the Meeting Space. The
Meeting Space Operating Agreement will contain the following terms and
conditions:
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(i) Assiqnrpent/Manaqer. Hotel owner shall assign the
Meeting Space Operating Agreement to the manager of the Hotel selected by
Hotel owner, as approved by the current Iarlder and the Hotel Franchisor. The
Meeting Space Operating Agreement will be separate and distinct from the Hotel
Management Agreement, which will be executed by and between Developer and
the Hotel manager;
(ii) Term. The Meeting Space Operating Agreement will
have a term (the "Franchise Time") equal to the term of Developer's Franchise
Agreement with a Hotel Franchisor. The term "Hotel Franchisor" shall mean the
franchisor of a full service Westin hotel or, after the Hotel has opened for
business, a full service Westin hotel or a franchisor, reasonably acceptable to the
Authority, of a national full-service hotel similar to Westin hotels in the U.S;
(iii) Use/Operation. The Meeting Space Operating
Agreement will provide for the operation, repair, maintenance and replacement of
the Meeting Space and its components in accordance with commercially
reasonable standards, in accordance with the condominium documents and as
required by the Hotel Franchisor. The Meeting Space Operating Agreement will
also provide for the performance and/or management of all sales, marketing,
booking, preparation, service, accounting and any other services necessary for
the operation of the Meeting Space. Hotel owner may enter into a management
agreement with a manager for the management of the Meeting Space, provided
such manager is acceptable to the Hotel owner's lender and the Hotel Franchisor;
(iv) Authoritv/Citv Use. The Authority, the City (in
connection with the performing arts center) and City Council shall have access to
and use of the Meeting Space at mutually agreed upon times pursuant to a policy
to be agreed upon, including, but not limited to, the use of the Meeting Space
without the payment of a room reservation fee (though the Authority and City will
pay food, beverage and other charges associated with the use of the Meeting
Space);
(v) Capital Reserves. The Authority will pay into escrow
an annual fee for capital reserves and capital maintenance and repairs for the
Meeting Space. The fee will be $150,000 per annum, which amount shall
increase each year based on increases in the CPI, but not to exceed one hundred
three percent (103%) times the amount of such fee for the immediately preceding
year;
(vi) Base Rent/Base Rent Credit. Rent shall be paid to
the Authority for the right to exclusively use the Meeting Space. However, it is
anticipated that there will be a rent credit based upon other revenue/taxes
generated by the Hotel project and paid to the City. The rent credit mechanism
will be based on a formula to be agreed upon by the parties;
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(vii) Additional Rent/Revenue Sharing. The Authority and
Hotel owner shall enter into a revenue sharing agreement related to the operation
of the Meeting Space;
(viii) Audit. The Authority shall have the right to audit the
books and records for the Meeting Space to verify hotel occupancy taxes and
operating revenue and expenses for the Meeting Space. Provided such
information will be reasonably accessible to the Authority, the Hotel manager may
utilize a consolidated operating budget and financial statements for both the
Meeting Space and the Hotel;
(ix) Protective Provisions. Except as expressly provided
in the Meeting Space Operating Agreement, the Meeting Space Operating
Agreement will not terminate during the Franchise Time, and the Authority's right
to terminate the Meeting Space Operating Agreement shall be limited to a default
by Hotel owner or its successors and assigns under the Franchise Agreement
which results in a termination of the franchise. The Hotel owner and its
successors and assigns will use best efforts to cause the Hotel Franchisor to give
notice to the Authority of any failure or default under the Franchise Agreement
which if uncured could result in the termination of the Franchise Agreement, and
the Authority shall have the opportunity to cure such default within a reasonable
period of time. Hotel owner's rights under the Meeting Space Operating
Agreement may be assigned to any subsequent owner of the Hotel only in
connection with a transfer of the hotel franchise, and its rights thereunder may be
pledged as additional collateral to its Hotel lender.
(d) Conditions. Generally, the Authority's obligation to purchase
the Phase III Garage and Meeting Space will be conditioned upon substantially
the same types of real estate purchase contingencies as are set forth in the
Development Agreements as to the purchase of the Block 4 parking garage and
the Block 10 and 12 parking garages (for example, title, completion of
construction in compliance with approved plans, and compliance with applicable
laws, including zoning). The Authority also will receive in connection with each
purchase substantially the same types and kinds of representations, warranties,
closing deliveries and similar assurances as are set forth in the Development
Agreements. In addition, the Authority's purchase obligations will be subject to
the following contingencies.
(i) The Phase III Garage and Meeting Space, as
applicable, shall be substantially complete and equipped and ready for legal
occupancy (i.e., move-in ready);
(ii) The Hotel shall be substantially complete in
accordance with its plans and open to the public for business in accordance with
an executed franchise agreement between Developer and the Hotel Franchisor;
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(iii) The structural shell for the Residential Condos shall
be substantially complete. The standard for completion of the structural shell shall
be mutually agreed upon by the Authority and Developer;
(iv) The structural shell of the retail space in Block 7 shall
be substantially complete. The standard for completion of the structural shell will
be the same required for the Block 12 Commercial Space as provided in Exhibit
11 .3.2 to the Phase II Development Agreement.
(v) Either (x) the structural shell of the improvements on
Block 9 shall be substantially complete, (y) a note (with durable power of attorney)
made by Developer and a guaranty agreement executed by the A/H Principals
(each in form and substance satisfactory to the Authority) evidencing the
obligation to pay the Reimbursement Amount for Phase III shall have been
delivered to the Authority, or (z) Developer and Authority shall have entered into
an arrangement satisfactory to both parties to ensure adequate payment of the
Authority's debt service for the Phase III Garage and the Meeting Space (taking
into account the then-current market conditions and the construction schedule for
the other blocks of the Project).
3.
Infrastructure Fundinq.
(a) The cost of traditional public infrastructure components
(streets, streetscapes, traffic signals, utilities, stormwater improvements, etc.)
shall be funded through and shall be subject to City CIP and Authority EDIP
appropriations. The municipal investment for Phase III streetscapes currently is
estimated to be $1,500,000. .
(b) The City will evaluate the construction of an elevated
pedestrian walkway over Columbus Street bridging Block 12 and Block 7 and an
elevated walkway over Commerce Street connecting Block 7 and the performing
arts center on Block 6 (construction of these walkways will be at City's sole
discretion). The municipal investment for these pedestrian walkways is estimated
to be $2,532,000 if both walkways are built.
4.
Parkinq.
Authority directly, or through â managing agent, will manage the Phase III
Garage subject to the following principles:
(a) The facility will be operated as a public parking garage.
Upon completion of the Phase III Garage, the Developer shall purchase or lease
at least one parking space per Residential Condo unit under an arrangement to
be agreed upon, which will provide for the Authority's ability to recover its
purchase and carrying costs for such spaces. The remaining spaces shall be
available for public parking on a first-come, first served free basis. The Authority
reserves the right to elect after the expiration of the initial30-year period
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following the Authority's acquisition of the Phase III Garage to charge a fee for
parking.
(b) The spaces to be leased as provided above may be located
anywhere within the Phase III Garage. They also may be segregated on one or
more levels of the Phase III Garage. Such spaces may be designated for users
~, names on spaces, numbers on spaces), but the selection of spaces that are
so designated must be made on a random basis.
(c) The Developer shall have the right to lease from the
Authority an indeterminate number of parking spaces in the Phase III Garage
(not to exceed 10% of the available total of spaces) under a long term lease upon
terms and conditions similar to those set forth in Section 13.3.2 of the Phase II
Development Agreement.
5.
Modifications to Development Aqreements.
(a) Block 12 Option. Pursuant to the Phase II Development
Agreement, the Authority will purchase the Block 12 Commercial Unit from the
Block 12 Developer and the Block 12 Developer will master lease the Block 12
Commercial Unit from the Authority. The Block 12 Developer has an option to
purchase the Block 12 Commercial Unit and, following certain events, the
Authority has an optionf'put" to require the Block 12 Developer to purchase the
Block 12 Commercial Unit. The Block 12 Option Period will be extended by one
year to equal the earlier to occur of (i) the date that is 48 months after the Block
12 Closing Date, or (ii) the date the Block 12 Financial Threshold is achieved. In
addition, the date by which the Authority can require the Block 12 Developer to
purchase the Block 12 Commercial Unit if the Block 12 Developer has not
delivered security acceptable to the Authority for performance under the Block 12
Option and the Block 12 master lease shall be extended to September 1 , 2007
(provided the outside date under the Option Agreement is extended to September
1,2007 as set forth in subsection (b) below).
(b) Option Land. Pursuant to the Option Agreement, Developer
has the right and obligation to purchase the remaining land in the Town Center
project prior to September 1 , 2006. Subject to approval by Authority's lender, and
provided the existing option performance bond is adequately extended, these
provisions will be changed to extend the outside date by which the Developer
must purchase the remaining land (Blocks 6, 9 and 11) to September 1, 2007.
The requirement that Developer must purchase the Block 12 Commercial Unit
before purchasing the remaining land (not including Block 7) will remain.
(c) Reimbursement Amount. The parties acknowledge that
there is no TIF Shortfall Amount, no Reimbursement Amount and no Developer
Payment Amount due for Phases I and II and that all documentation related
thereto will be deemed satisfied, cancelled and/or returned to Developer, as well
as any security provided therefore by Developer.
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(d) Parking. Authority and Developer anticipate that all the
zoning requirements for Phases I, II and III improvements (as contemplated by
this Transaction and outlined in this Term Sheet), shall be satisfied if the Phase III
Garage is completed in accordance with the Transaction. Subject to the City
obtaining a satisfactory independent parking analysis, all provisions in the
Development Agreements and related documents (i) relating to adjusting the
parking ratios to a stricter standard than what the City zoning ordinances in effect
on December 1, 2001 required or (ii) requiring Developer to provide for any
additional parking in excess of that required by the City zoning ordinances in
effect on December 1,2001, shall be deleted from all applicable'-documents.
Notwithstanding that the Phase III Garage is currently estimated to be
approximately 1,150 spaces, the Phase III Garage will be of sufficient size (which
may be more or less than 1,150 spaces) to satisfy the City's parking requirements
for (i) improvements to be built on Block 7, (ii) improvements proposed to be built
on Blocks 6 and 9 and (iii) current parking deficiency, if any, which may exist in
the Town Center Project.
6.
Future Development of Block 11.
Affiliates of Developer are the owners of Block 11 (such affiliates are
referred to as the "Block 11 Owners") in the Project and Block 11 is not subject
to the Development Agreements. Block 11 was formerly a portion of the property
commonly known as One Columbus Center and it is currently used as a surface
parking lot. Developer and the Block 11 Owners shall endeavor to work with the
Authority to construct a multi-story office building or tower on Block 11 containing
at least 75,000 square feet of class A office space, subject to market conditions
and its feasibility.
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(SEAL)
ATTEST:
Secretary / Assistant Secretary
AUTHORITY:
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY, a
political subdivision of the
Commonwealth of Virginia
By:
Name:
Title: [Chairman] [Vice Chairman]
Date:
CITY:
CITY OF VIRGINIA BEACH
By:
Title:
Date:
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DEVELOPER:
TOWN CENTER ASSOCIATES, L.L.C.,
a Virginia limited liability company
By:
Armada/Hoffler Properties, LLC, a Virginia limited liability company
By:
A. Russell Kirk
Manager
(SEAL)
Date:
By:
Louis S. Haddad
Manager
(SEAL)
Date:
and
By:
City Center Associates, LLC, a Virginia limited liability company
By:
Gerald Divaris
Manager
(SEAL)
Date:
F:\Data\ATY\OID\REAL ESTATE\Commercial Projects\Town Center\Phase III\TERM SHEET.v10.doc
10
The Virginian-Pilot
--------------------------------------------------+---------------------------
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This day, D. Johnson personally appeared before me
and after being duly sworn, made oath that: I
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LINE
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Exhibit A
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THE VIRGINIAN-PILOT
, NORFOLK, VIRGINIA
AFFIDAVIT OF PUBLICATION
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WILLIAMS MULLEN, P.C.
SUITE 1700 .
222 CENTRAL PARK AVE
VIRGINIA BEACH VA 23462
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REFERENCE: 39078411
12257811
NOTICE OF PUBLIC HEA
II
State of Virginia
City of Norfolk
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1) She is affidavit clerk of The Virginian-Pilot,
a newspaper published by Landmark Communications
Inc., in the cities of Norfolk, Portsmouth,
Chesapeake, Suffolk, and Virginia Beach, Common-
'wealth of Virginia and in the state of North
Carolina 2)That the advertisement hereto annexed
has been published in said newspaper on the date
stated. :
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PUBLISHED ON: 11/04 ll/ll
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FILED ON:
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the day and year
, .2008
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Exhibit A
NOTICE OF PUBLIC HEARING ON PROPOSED INDUSTRIAL
DEVELOPMENT REVENUE BOND FINANCING BY THE CITY OF
VIRGINIA BEACH DEVELOPMENT AUTHORITY (LONDON BRIDGE
HOLDING LLC PROJECT)
Notice is hereby given that the City of Virginia Beach Development Authority (the "Authority") will
hold a public hearing on the application of London Bridge Holding LLC, a Virginia limited liabìlity
company, 3509 Virginia Beach Boulevard, Virginia (the "Applicant"), for the Authority to issue,
pursuant to Chapter 643 of the Acts of Assembly of 1964, as amended, (the "Act"), up to $5,500,000
of its Industrial Development Revenue Bonds to assìst the Applìcant ìn fmancing the acquisitìon,
constructìon and equippìng ofan approximately 51,000 square foot manufacturing facilìtyon a 6.546
acre parcel ofland, known as Parcel 3-B as shown on Subdìvìsìon of Residual Parcel 3, GPIN #
1496-98-1048, located at the northwestern corner of the ìntersection of London Bridge Road and
Precisìon Drive in Virginia Beach, Vìrginia (the "Project") for lease to London Bridge Trading
Company, Ltd. for use in its business of manufacturing sewn nylon equìpment.
The public hearing which may be contìnued or adjourned, wìll be held at 2:00 p.m. on Thursday,
November 18, 2004, before the Authority at the Authority's office at 222 Central Park Avenue, Suite
1000, Virgìnia Beach, Virginia 23462. As required by the Act, the Bonds will not pledge the froth
and credit or the taxing power of the Commonwealth ofVirgìnia or anypolitìcal subdivision thereof,
ìnc1uding the Authority, but wìll be payable solely ftom revenues derived from the Applicant and
pledges therefor. Any person interested in the issuance of the Bonds or the location or purpose of the
proposed Project may appear and be heard. A copy of the Applicant's applicatìon is on file and ìs
open for inspection at the Authority's office at 222 Central Park Avenue, Suite 1000, Virginia Beach,
Vìrginia 23462, during busìness hours.
CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY
#982890 vI - Notice of Public HearinglLondon Bridge Trading Company/OceaJla Development
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Exhibit B
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
RECORD OF PUBLIC HEARING
(London Bridge Holding LLC Project)
The Chairman of the City of Virginia Beach Development Authority (the "Authority")
announced the commencement of a public hearing on the request of London Bridge Holding LLC
(the "Borrower"), and that a notice of the hearing was published once a week for two consecutive
weeks in a newspaper having general circulation in Virginia Beach, Virginia. The Chairman
indicated that a copy of the notice and a certificate of publication of such notice have been filed with
the records of the Authority.
The following individuals appeared before the Authority:
William W. Harrison, Jr. of the law f1111l of Williams Mullen
Douglas McDougal, Member of London Bridge Holding LLC
Mr. Hamson gave a brief description of the Project (below defined). He explained that the
Borrower has applied to the Authority for up to $5,500,000 of its industrial development revenue
bonds to assist the Borrower for the purpose of financing the acquìsition, construction and equipping
of an approximately 51,000 square foot manufacturing facility on a 6.546 acre parcel of land located
at the northwestern intersection of London Bridge Road and Precision Drive in the City of Virginia
Beach, Virginia for lease to London Bridge Trading Company, LTD. for use in its business of
manufacturing sewn nylon equipment (the "Project").
Mr. Hamson and Mr. McDougal answered various questions of the members of the
Authority.
No other persons appeared to address the Authority, and the Chairman closed the public
hearing.
The Authority hereby recommends that the City Council of the City of Virginia Beach,
Virginia approve the issuance of the Authority's industrial development revenue bonds in a principal
amount not to exceed $5,500,000 and hereby transmits the Fiscal Impact Statement to the City
Council of the City of Virginia Beach and asks that this recommendation be received at its next
regular or special meeting at which this matter can be properly placed on the Council's agenda for
hearing.
Dated:
/2. ,,/t, " ¿{'
E~st~e:r ~,
#388335 v2 - record of public hearing - London Bridge
BI-47662,]
3/6/02
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Exhibit C
RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY INDICATING ITS INTENT TO ISSUE BONDS FOR
LONDON BRIDGE HOLDING LLC TO ACQUIRE, CONSTRUCT AND
EQUIP AN APPROXIMATELY 51,000 SQUARE FOOT MANUFACTURING
FACILITY FOR LEASE TO LONDON BRIDGE TRADING COMPANY, LTD.
WHEREAS, there has been described to the Cìty of Vìrginia Beach Development
Authority (the "Authority"), the plans of London Bridge Holdìng LLC (the "Company"), whose
current address ìs 3509 Vìrgìnia Beach Boulevard, acting on ìts own behalf, to acquire, construct
and equip an approximately 51,000 square foot manufacturing facility (the "Project"), located on
property known as Parce13-B as shown on the Subdivision of Residual Parcel 3, GPIN # 1496-
98-1048, contaìning 6.546 acres and located at the northwestern ìntersectìon of London Bridge
Road and Precision Drive ìn the Cìty of Virginia Beach, Vìrginia (the "City") for lease. to
London Bridge Trading Company, LTD. for use ìn its busìness of manufacturing sewn nylon
equipment; and
WHEREAS, the Company, in its applìcatìon and in ìts appearance before the Authority,
has requested that the Authority ìssue ìts ìndustria1 development revenue bonds under the
provìsions of Chapter 643 of the Acts of Assembly of 1964 and the Industrial Development and
Revenue Bond Act, Chapter 49, Title 15.2 of the Code of Virginìa of 1950, as amended
(collectìvely, the "Act") in such amounts as may be necessary to finance costs to be incurred in
acquìring, constructing and equìppìng the Project; and
WHEREAS, a publìc hearing has been held as required by Section 147(f) of the Internal
Revenue Code of 1986, as amended, and applicable provisìons of the Code of Virginia of 1950,
as amended (the "Virginìa Code").
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY THAT:
1.
The foregoing recitals are approved by the Authority and are ìncorporated in, and
deemed a part ofthìs Resolutìon.
2.
It ìs hereby found and determined by the Authority that (a) provisìon of financìng
of the Project by the Authority wì1l be ìn the publìc interest and will benefit the
inhabìtants of the Cìty through the promotìon of theìr safety, health, welfare,
convenience or prosperity, and (b) the acquìsìtìon, constructing and equìppìng of
the Project for the Company in the City will further the publìc purposes of the Act
and provide a public benefit to the Cìty by, among other thìngs, promoting
industry, commerce and developing trade.
3.
It is hereby found and determined that the Project will constitute an "Authority
facìlity" wìthin the meanìng of the Act.
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4.
To ìnduce the Company to acquìre, construct and equìp the Project, the Authority
hereby agrees to cooperate wìth the Company in the revìew and evaluation of the
applìcatìon to finance the Project and, subject to the Authority's final approval of
the terms and conditions of the financing of the Project and the offering of the
Bonds at a later date, to undertake the ìssuance of ìts ìndustrial development
revenue bonds therefor in the maxìmum princìpal amount of $5,500,000 (the
"Bonds") upon the terms and condìtìons to be mutually agreed upon by the
Authority and the Company. If finally approved by the Authority, the Bonds wìll
be ìssued pursuant to an Indenture of Trust and certain other documents
satisfactory to, and with terms to be approved by, the Authority. The Bonds wìll
be issued only after the Authority has receìved the approvìng opinion of Bond
Counsel as to the qualification of the Bonds under the Act and appropriate
certificatìons and opìnions as to the offering of the Bonds and the dìsclosure with
respect thereto.
5.
It havìng been represented to the Authority that ìt ìs necessary to proceed wìth the
acquìsìtìon, construction and equìpping of the Project, the Authority hereby
agrees that the Company may proceed with the plans for the Project, enter into
contracts for the acquìsition, construction and equipping of the Project and take
such other steps as ìt may deem appropriate ìn connection therewìth, provìded that
nothìng herein shall be deemed to authorize the Company to oblìgate the
Authority without ìts consent ìn each ìnstance to the payment of any moneys or
the performance of any acts ìn connection wìth the Project. The Authority hereby
agrees that the Company may be reimbursed from the proceeds from the Bonds
for all costs expended prior to the ìssuance of the Bonds together wìth costs
previously expended by the Company within sìxty (60) days prior to the date of
thìs Resolutìon wìth respect to the planning and the acquìsìtion, construction and
equipping of the Project (the "Expendìtures"). The Authority reasonably expects
to reìmburse the Company up to $5,500,000 for Expendìtures wìth the proceeds of
the Bonds. The dec1aratìon and expectatìons stated in this Sectìon 3 are intended
to be evidence of officìal ìntent within the meanìng of Treasury Regulatìon
Section 1.150-2 promulgated under the Internal Revenue Code of 1986, as
amended (the "Code"), and are based upon representations of the Company. Each
Expendìture wìll be, unless otherwise approved by Bond Counsel hereìnafter
appointed, (a) of a type properly chargable to a capital account under general
federal income tax principles (determined in each case as of the date of the
Expendìture), (b) a cost of issuance with respect to the Bonds or (c) a
nonrecurring ìtem that ìs not customarily payable from current revenues. The
Authority intends to make a reìmbursement allocation, whìch is a written
allocation by the Authority that evidences the Authority's use of proceeds of the
Bonds to reìmburse the Expenditure, upon written request of the Company no
later than eighteen (18) months after the later of the date on which the
Expenditure ìs paìd or the Project is placed in service or abandoned, but ìn no
event more than three (3) years after the date on whìch the Expendìture is paid.
The Authority recognìzes that exceptions are avaìlable for certaìn "preliminary
expenditures," cost of issuance, certain de minìmus amounts, expendìtures by
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"small issuers" (based on the year of issuance and not the year of expendìture),
and expendìtures for construction projects of at least five (5) years.
6.
The Authority hereby agrees to the recommendatìon of the Company that
Wìlliams Mullen, Vìrgìnìa Beach, Virginìa, be appoìnted as Bond Counsel and
hereby appoints such firm to supervise the proceeds and approve the ìssuance of
the Bonds.
7.'
The Authority hereby agrees, ìf requested, to accept the recommendatìon of the
Company wìth respect to the appointment of an agent or underwriter for the sale
of Bonds pursuant to the terms to be mutually agreed upon by the Authority and
the Company.
8.
All costs and expenses in connection wìth the financìng and the acquisìtion,
constructìon and equìppìng of the Project, inc1udìng the fees and expenses of
Bond Counsel, counsel for the Authority and the agent or underwriter for the sale
of the Bonds shall be paìd from the proceeds of the Bonds (but only to the extent
permitted by applìcable law) or by the Company. If for any reason such Bonds
are not ìssued, it is understood that all such expenses shall be paìd by the
Company and that the Authority shall have no responsìbìlity therefor.
9.
The Bonds shall be lìmited oblìgations of the Authority and shall be payable
solely out of revenues, receìpts and payments specìfically pledged therefor.
Neither the commissioners, officers, agents or employees of the Authority, past,
present and future, nor any person executing the Bonds, shall be liable personally
on the Bonds by reason of the ìssuance thereof The Bonds shall not be deemed
to constìtute a general oblìgation debt or a pledge of the faìth and credit of the
Commonwealth of Vìrginia or any politìcal subdìvìsion thereof, includìng the
Cìty of Virgìnia Beach and the Authority and neither the Commonwealth of
Virgìnìa nor any such politìca1 subdìvision thereof shall be personally lìable
thereon, nor in any event shall the Bonds be payable out of any funds or
properties other than the specìal funds and sources provìded therefor. Neither the
faith and credit nor the taxìng power of the Commonwealth of Vìrgìnia, or any
polìtìcal subdivision thereof, including the City of Virgìnìa Beach, shall be
pledged to the payment of the principal of the Bonds or the interest thereon or
other costs ìncìdent thereto. The Bonds shall not constitute an ìndebtedness
withìn the meaning of any constitutìonal or statutory debt limìtatìon or restriction.
10.
The Authority shall not be lìable and hereby disclaìms all liability to the Company
for any damages, dìrect or consequentìal, resulting from the Authority's failure to
ìssue Bonds for the Project for any reason, ìncludìng but not lìmìted to, the failure
of the city Council of the Cìty of Virgìnia Beach to approve the issuance of the
Bonds. Nothing herein shall be construed as a commitment or obligatìon on the
part of the Authority to adopt a final resolution or execute any documents with
respect to the Proj ect.
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11.
Unless this Resolution ìs extended by the Authority, the Bonds authorized
hereunder shall be issued within one year from the date hereof or this Resolution
shall become void and of no further force or effect.
12.
The Authority hereby recommends that the City Council of the City of Vìrginìa
Beach approve the issuance of the Bonds and hereby directs the Chairman or
Vìce-Chairman of the Authorìty to submit to the City Council of the City of
Virginia Beach a reasonably detailed summary of the comments, if any, expressed
at the publìc hearing, the fiscal impact statement required by Virginìa law, and a
copy of thìs Resolution.
13.
Thìs Reso1utìon shall take effect immediately upon its adoption.
Adopted: November 18, 2004.
Q~ q-.~tt'
SecretarY/.^_&gÌst
#982902 vI - Resolution of IntentlLondon Bridge Trading Company/Oceana Development
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Exhibit D
DISCLOSURE STATEMENT
Date: November 4,2004
Applicant:
LONDON BRIDGE HOLDING LLC
All Owners
(if dìfferent from Applicant):
None
Tvpe of Application:
$5,500,000 Industrial Development Revenue Bonds to assist
Applicant in acquisition, construction and equipping of an
approximately 51,000 square foot existing building cun-ently
situated on a 6.546 acre parcel of land located at the
northwestern comer of the intersection of London Bridge Road
and Precision Drive, Virginia Beach, Virginia for lease to
London Bridge Trading Company, LTD. for use in its business
of manufacturing sewn nylon equipment (the "Project").
1.
The Applicant is a Virginia limited liability company.
2.
The Applicant will be the owner of the Project.
3.
London Bridge Trading Company, LTD. is a Virginia corporation whose
sole shareholders, Douglas McDougal and Linda McDougal, are the only members of London
Bridge Holding LLC.
LONDON BRIDGE HOLDING LLC
By
~~
Date: November 4, 2004
#983512 vI - Disclosure StatementlLondon BridgelOceana
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Exhibit E
VIRGINIA
BEACH
Virginia Beach
Development Authority
222 Central Park Avenue, Suite 1000
Virginia Beach, VA 23462
(757) 437-6464
FAX (757) 499-9894
Website: www.vbgov.com
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
APPROVAL OF THE ISSUANCE BY THE CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY TO ISSUE BONDS FOR
LONDON BRIDGE HOLDING LLC TO ACQUIRE, CONSTRUCT AND
EQUIP AN APPROXIMATELY 51,000 SQUARE FOOT MANUFACTURING
FACILITY FOR LEASE TO LONDON BRIDGE TRADING COMPANY, LTD.
The Development Authority recommends approval of the above-referenced financing.
The benefits of the Project to the City include increased employment to 185 jobs (152 current,
estimated 33 more); addìtìonallocal taxes to be paid in the amount of $52,222; service to local
mìlìtary and law enforcement unìts; and growth of local busìness already located in the City of
Vìrgìnìa Beach, Vìrgìnìa.
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Exhibit F
~SCALIMPACTSTATEMENT
November ~ 2004
DATE:
TO:
CITY COUNCIL OF THE CITY OF VJRGINIA BEACH
APPLICANT:
London Bridge Holding LLC
TYPE OF FACILITY:
Manufacturing facility for sewn nylon equipment
1.
Maximum amount of financing sought:
2.
Estimated taxable value of the facility's real property
to be constructed in the municipality:
3.
Estimated real property tax per year
using present tax rates:
4.
Estimated personal property tax
per year using present tax rates:
5.
Estimated merchant's capital (business license)
tax per year using present tax rates:
6.
(a) Estimated dollar value per year of goods that will be
purchased from Virginia companies within the locality:
(b) Estimated dollar value per year of good that will be
purchased from non-Virginia companies within the locality:
(c) Estimated dollar value per year of services that will be
purchased from Virginia companies within the locality:
(d) Estimated dollar value per year of services that will
purchased from non-Virginia companies within the locality:
7.
Estimated number of regular Employees on year round basis:
8.
Average annual salary per employee:
$5.500.000
$4.365.000
$ 52.222
$ 15.000
$
6.000
$ 230.000
$
0
$ 56.000
$
0
J].L
$ 19.700
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The information contained in this Statement ìs based solely on facts and estimates
provided by the Applìcant, and the Authority has made no independent investigation with
respect thereto.
CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY
By:
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6.
Exhibit G
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1.
PROJECT NAME:
London Bridge Holding LLC Project
2.
LOCATION: Northwestern corner of intersection of London Bridge Road and Precision
Drive.
3.
DESCRIPTION OF PROJECT: acquisition, construction and equipping of an
approximately 51,000 square foot split level building on a 6.546 acre parcel ofland
located at northwestern comer of intersection of London Bridge Road and Precisìon
Drive, Virginia Beach, Virginia for lease to London Bridge Trading Company, LTD. for
use in its business of manufacturing sewn nylon equipment.
4.
AMOUNT OF BOND ISSUE: $5,500,000
5.
PRINCIPALS:
Douglas McDougal
Linda McDougal
ZONING CLASSIFICATION:
a.
Present zoning classification
of the Property:
12
b.
Is rezoning proposed?
Yes
No x
c.
If so, to what zoning
classification?
#385450 v5 - Application for Bond - Virginia Beach - London BridgeO36783.0003
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VIRGINIA
BEP~CH
Mr. Robert G. Jones
Chaìr
Virginia Beach Development Authority
222 Central Park Avenue, Suite 1000
Virginia Beach, VA 23462
Exhibit H
Virginia Beach
Development Authority
222 Central Park Avenue, Suite 1000
Virginia Beach, VA 23462
(757) 437-6464
FAX (757) 499-9894
Website: www.vbgov.com
November 18, 2004
Re: London Bridge Holdìng LLC Bond Fìnancìng
Dear Bob:
It is the finding of the Department of Economic Development that the proposed issuance
of ìndustrial revenue bonds in an amount not to exceed $5,500,000 for London Bridge Holdìng
LLC to acquire, construct and equip an approxìmately 51,000 sq. ft. manufacturing facility for
lease to London Bridge Trading Company, LTD. will (a) be ìn the publìc interest and benefit the
ìnhabìtants of the City through the promotìon of their safety, health, welfare, convenience or
prosperìty, and (b) the acquisition, constructing, and equippìng of the Project for the Company in
the Cìty will provide a public benefit to the City by, among other thìngs, promotìng ìndustry,
commerce and developìng trade.
I will be happy to answer any questions you may have at our meeting.
MR W :lls
Sincerely,
77/~
Mark R. Wawner
Project Development Manager
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE
DISTRICT OF COLUMBIA
MEETING DATE: January 4,2005
.
Background:
Charles H. Ramsey, Chief of the District of Columbia Metropolitan Police
Department wrote to Chief Jacocks requesting assistance from the Virginia
Beach Police Department for the purpose of providing security during the 2005
Presidential Inauguration. Specifically, the City's assistance has been requested
from January 15, 2005 through January 21, 2005.
.
Considerations:
Our officers will be deputized as Deputy U.S. Marshals for this event and fall
under the Federal Government for liability purposes. The District of Columbia will
reimburse the City for personnel expenses with funds provided by the United
States and from general revenue. This event presents a unique opportunity for
our officers and command staff personnel to gain practical experience in
planning, executing and evaluating command and control functions during a
large-scale event.
.
Recommendations:
Adopt resolution
.
Public Information:
This resolution will be advertised in the same manner other Council agenda
items are advertised.
.
Attachments:
Resolution
Summary of Terms
Recommended Action: Approval
Su bm iltl ng Department! Agency: Police Departme~
City Manager: ~ ì L, ~ ~
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~ RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE A MEMORANDUM OF UNDERSTANDING
WITH THE DISTRICT OF COLUMBIA
WHEREAS, Virginia law authorizes local governments to enter
into reciprocal agreements for cooperation in the furnishing of
police services with the District of Columbia; and
WHEREAS,
it is deemed mutually beneficial to the City of
Virginia Beach and the District of Columbia to enter into an
agreement concerning cooperation with regard to law enforcement,
increasing the ability of the District of Columbia to promote
the safety and welfare of the Nation's Capitol during the 2005
Presidential Inauguration.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF
THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the accompanying Memorandum of Understanding is hereby
approved, and the City Manager is hereby authorized and directed
to
said Agreement
the City of Virginia
execute
on behalf
of
Beach.
A summary of the material terms is hereto attached and a
true copy of the Agreement is on file with the City Attorney.
Adopted by the Council of the City of Virginia Beach,
Virginia on the
day of January, 2005.
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APPROVED AS TO CONTENT:
CA9469
Rl
December 10, 2004
R:\PA\GG\ORDRES\2005 Inauguration res.doc
APPROVED AS TO LEGAL
SUFFICIENCY:
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9.
10.
SUMMARY OF MATERIAL TERMS
1.
EVENT - The 2005 Presìdentia1 Inauguration ìn Washìngton, DC.
2.
MEMORANDUM OF UNDERSTANDING - An agreement between the City of
Virginia Beach, United States Attorney for the District of Columbia, United States
Marshal Service and the Metropolitan Police Department to assign officers from the
Virginia Beach Police Department to the Presìdential Inauguratìon Task Force. Thìs
task force ìs established to implement measures to promote the safety of the President
of the United States, inaugural partìcipants, the public, visitors and residents whìle
allowing ìndìviduals and groups to exercìse theìr legal rights during the 2005
Presidential Inauguratìon.
3.
NATURE - Allows the Cìty of Vìrginia Beach to provide police manpower and
equìpment, if avaìlab1e, ìn an effort to maintain public safety during the above-
described event.
4.
TERM - Thìs agreement is effective from January 15, 2005 through January 21,
2005, or as needed, to maintaìn publìc safety during the above-referenced event
contìngent upon the availabìlìty of Cìty resources.
5.
INSURANCE - For the lìmìted purpose of defending c1aìms arisìng out of the
Presidential Inauguratìon Task Force actìvity, our officers, specìally deputized as U.S.
Marshals, whì1e acting within the course and scope of their official duties and
assignments pursuant to this MOU, are covered under the Federal Employees
Lìability Reform and Tort Compensatìon Act of 1988.
6.
DEPUTATION - City of Virginia Beach polìce officers will be deputized as Deputy
U.S. Marshals for this event and shall be consìdered federal employees during thìs
event.
7.
FUNDING - The city's personnel costs wìll be reimbursed by the Dìstrict of
Columbìa.
8.
LIABILITY - Officers participatìng in thìs operation are considered federal
employees for lìabi1ìty purposes, when actìng within the scope of their duties.
DURATION - Thìs agreement may be termìnated at anytìme, by any of the
partìcìpatìng agencies, by provìdìng a seven-day notice of ìntent to wìthdraw to the
Metropolìtan Police Department.
MODIFICATIONS - Thìs Memorandum of Understandìng can be modìfied at
anytime wìth the written consent of all partìes.
H:\P A \ORDRES\2005 Inauguration SOMT.DOC
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MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MOD) is executed by the United States Attorney for
the District of Columbia, United States Marshals Service, the Metropolitan Police Department of
Washington, D.C. (MPD) and the Cìty of Virginia Beach.
I.
PURPOSE
The purpose of the MOU is to outline the mìssion of the Presìdentia1 Inauguration Task Force
(pITF) ìn the Washington, D. C. area from January 15, 2005, to January 21, 2005. Additionally, this
MOU will define relatìonships between the United States Marshals Service, MPD and the Cìty of
Vìrginìa Beach, as well as other particìpating agencies with regard to policy, guidance, utilization of
resources, planning, training, public relations and media in order to maxìmìze ìnteragency
cooperation.
II.
MISSION
The mìssion ofthe PITF ìs to achieve maxìmum coordìnation and cooperation ìn bringing to
bear combined resources to effectively implement measures to promote the safety of the Presìdent of
the United States, inaugural participants, the public, visitors and residents while allowìng
indivìduals and groups to exercìse their legal rights.
Additìonally, all units that are partìcìpating agencies wìl1 coordìnate theìr activities and be
considered a member of the PITF, sharing ìnformation and coordinating ìnvestìgative and law
enforcement efforts which may result from anyapprehensìons originating from the PITF.
III.
ORGANIZATIONAL STRUCTURE
A.
Direction
The Cìty of Virginia Beach aclrnowledges that the PITF ìs a joint operation ìn which all
agencies, including the Metropolìtan Polìce Department ofDìstrict of Columbia, Office of the Unìted
States Attorney for District of Columbia, Unìted States Marshals Servìce, Unìted States Secret
Service, Unìted States Federal Bureau ofInvestìgation, National Park Servìce, VìrginiaBeach Polìce
Department and other agencies, act as partners ìn the operation of the PITF. The Command Center
for the operatìons will be located at the Metropolìtan Polìce Department (MPD) Headquarters and
wìl1 be staffed by officers from the Unìted States Marshals Servìce, MPD, U.S. Park Polìce, and the
Federal Bureau of Investigation. These officers will serve as the Executive Council for this
operatìon.
B.
Supervision
The day-to-day operatìon and admìnìstrative control of the PITF will be the responsibility of
a Tactical Team Commander selected from one of the participating agencies. The Tactical Team
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Commander will coordìnate wìth supervisory personnel of the United States Secret Servìce as the
sponsoring agency for Special Deputation (federal) and with MPD as the lead agency for the
operation. The daily management of the PITF wìll be closely monitored by the MPD.
Responsibilìty for the conduct of the PITF members, both personally and professionally, shall
remain wìth the respective agency dìrectors subject to the provisìons in Section IX (Liability).
c.
Unilateral Law Enforcement Action
There shall be no unìlateral actìon taken on the part of any particìpatìng agency relatìng to
PITF activities. All law enforcement actìon will be coordìnated and conducted in a cooperative
manner under the direction of the Executive Council and the MPD.
IV.
PROCEDURES
A.
Personnel
Continued assignment of personnel to the PITF will be based upon performance and will be
at the discretion of the respective agency. Each partìcipating agency will be provìded with reports as
necessary regarding the program, dìrectìon, and accomplìshment of the PITF.
B.
Deputation
All local and state law enforcement personnel desìgnated to the PITF will be subject to
background ìnquiry and will be federally deputìzed, with the United States Marshals Servìce
securing the requìred deputatìon authorizatìon. These deputatìons will remaìn in effect throughout
the tenure of each officer's assignment to the PITF or until termination of the PITF, whichever
occurs first. Each ìndìvìdual deputized as a Specìal Deputy U.S. Marshal will have all necessary law
enforcement authority as provìded by 28 U.S.C. § 566(c) and (d); 28 U.S.C. § 564; 18 U.S.C. §
3053; 28 c.F.R. § 0.112, and the deputatìon authority ofthe Deputy Attorney General. The Special
Deputy U.S. Marshals will be responsible for 1) performing necessary law enforcement steps to keep
the peace ofthe United States; 2) enforcing federal law (e.g., 18 U.S.C. §§ 112, 1116, and 878, as
well as other provisions of that tìt1e); 3) protecting vìsìting foreign officials, officìal guests, and
internationally protected persons; 4) taking necessary law enforcement steps to prevent vìolatìons of
federal1aw, and; 5) enforcing District ofColumbìa law as a result of the deputation (see D.C. Code
22-501 and 28 U.S.C. § 564).
Individuals deputized as Special Deputy u.S. Marshals pursuant to this MOU who suffer a
disability or dìe as a result of personal ìnjury sustaìned while ìn the performance of his or her duty
during the assignment shall be treated as a federal employee as defined by Title 5 U.S.C. § 8101.
Any such individuals who apply to the U.S. Department of Labor for federal workers' compensation
under § 3374 must submìt a copy ofthìs MOU wìth his or her applicatìon. All applìcants will be
processed by the U.S. Department of Labor on a case by case basis in accordance wìth applìcable law
and regulatìon.
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c.
Law Enforcement Activities
Since ìt is anticipated that almost all cases origìnating from any PITF arrests will be
prosecuted at the state or local level, the law enforcement methods employed by all partìcipatìng law
enforcement agencies shall conform to the requirements of such statutory or common law pending a
decisìon as to a change of venue for prosecution.
D.
Prosecution
The criteria for determìning whether to prosecute a particular violation in federal or state
court will focus upon achieving the greatest overall benefit to law enforcement and the community.
Any question, which arises pertaìning to prosecutorial jurisdìction, will be resolved through the
Executìve Council. The U.S. Attorney's Office for the Dìstrict of Columbia has agreed to formally
participate in the PITF and will adopt polìcies and seek sentences that meet the needs of justice.
V.
AD MINISTRA TIVE
A.
Records and Reports
All records and reports generated by PITF members shall be routed through the Tactical
Team Commander who shall be responsible for maintaìning custody and proper
dissemination of saìd records as he or she deems appropriate.
B.
Staff Briefings
Periodic briefings on PITF law enforcement actions will be provided to the directors of the
partìcìpating agencies or their designees. Statistìcs regarding accomplishments will also be
provided to the particìpating agencies as avaìlable.
VI.
MEDIA
All medìa releases pertaìning to PITF law enforcement activity and/or arrests wìll be
coordinated by all participants of this MOD. No unilateral press releases will be made by any
partìcìpating agency without the prior approval of the Executive Councìl. No ìnformatìon pertaìning
to the PITF itself will be released to the medìa wìthout mutual approval of all partìcipants.
VII.
EQUIPMENT
A.
PITF Vehicles
Each participating agency, pending avaì1abìlity and ìndividual agency policy, agrees and
authorizes PITF members to use vehìcles, when avaìlable, owned or leased by those participatìng
agencies, in connection wìth PITF law enforcement operatìons. In turn, each partìcipatìng agency
agrees to be responsìble for any negligent act or omìssion on the part of its agency or its employees,
and for any lìabìlity resulting from the misuse of slid vehicles, as well as any damage incurred to
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those vehicles as a result of any such negligent act or omissìon on the part of the partìcipating agency
or ìts employees, subject to the provisìons of Section IX (Liabilìty).
Partìcipating agency vehicles assigned to the PITF are subject to fundìng avai1abilìty, are
provided at the dìscretion ofthe supervìsor ofthe providing agency, and will be used only by PITF
members. Vehicles provided by particìpating agencies will be used only during working hours and
wìl1 not be used for transportatìon to and fÌom work by task force members or used for any other
purpose. Partìcipatìng agencies will provide maintenance and upkeep of their vehicles consìstent
wìth each agency's polìcy. Vehicles provided as pool vehicles for PITF use will be parked at the end
of each shift at a location determined by the Tactical Team Commander or hislher designee.
B.
Other Equipment
Other equipment furnished by any agency for use by other agencies' particìpating
personnel shall be returned to the origìnatìng agency upon terminatìon of the PITF or this MOU.
VIII. FUNDING
The City ofVirgìnìa Beach agrees to provide the full-tìme services ofìts respective polìce
department personnel for the duratìon of this operatìon, and to assume all personnel costs for theìr
PITF representatives, ìncludìng salaries, overtìme payments, and mnge benefits consìstent with theìr
respectìve agency policies and procedures. Reimbursement for the cost of such personnel will be
made by the Dìstrict of Columbia, with funds provìded by the Unìted States and fÌom general
revenue.
IX.
LIABILITY
Unless specifically addressed by the terms of this MOU, the parties agree to be responsible
for the negligent or wrongful acts or omissìons oftheir respectìve employees. Legal representation
by the United States is determìned by the Department of Justice on a case-by-case basìs. There is no
guarantee that the United States will provide legal representatìon to any federal, state or local law
enforcement officer. Congress has provìded that the exclusìve remedy for the neglìgent or wrongful
act or omission of any employee of the United States government, acting within the scope of
employment, shall be an action agaìnst the United States under the Federal Tort C1aìms Act (FTCA),
28 U.S.C. § 2679(b )(2).
For the 1imìted purpose of defending claims arisìng out ofPITF actìvìty, state or local law
enforcement officers who have been specially deputized as U.S. Marshals and who are acting withìn
the course and scope of theìr officìa1 duties and assignments pursuant to this MOU, may be
considered an "employee" ofthe United States government as defined in 28 U.S.C. 2671. It ìs the
posìtion ofthe Department of Justìce Cìvìl Dìvìsìon Torts Branch that such indìvidua1s are federal
employees for these purposes.
Under the Federal Employees Liability Reform and Tort Compensation Act of 1988
(commonly known as the Westfall Act), 28 US.C. § 2679(b)(1), the Attorney General or his
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designee may certìfy that an ìndivìdual defendant acted wìthìn the scope of employment at the time
of the incident giving rise to the suit. Id., 28 U.S.C. § 2679(d)(2). The United States can then be
substituted for the employee as the sole defendant with respect to any tort claìms. 28 u.S.C. §
2679(d)(2). If the United States is substituted as defendant, the ìndividual employee is thereby
protected uom suit.
If the Attorney General declines to certify that an employee was actìng within the scope of
employment, "the employee may at any time before trial petition the court to find and certìfy
that the employee was actìng wìthin the scope of his office or employment." 28 U.S.C. § 2679(d)(3).
Lìability for any negligent or willful acts ofPITF employees, undertaken outside the terms of
this MOU will be the sole responsibility ofthe respective employee and agency involved.
Liability for violations of federal constitutiona11aw rests wìth the individual federal agent or
officer pursuant to Bivens v. Six Unknown Agents of the Federal Bureau of Narcotics, 403 U.S. 388
(1971), or pursuant to 42 U.S.C. § 1983 for state and local officers or cross-deputìzed federal
officers.
Both state and federal officers enjoy qualìfied ìmmunity from suit for constitutional torts
ìnsofar as theìr conduct does not violate "clearly establìshed statutory or constìtutìonal rights of
which a reasonable person would have known." Harlow v. Fitzgerald, 457 U.S. 800 (1982).
PITF officers may request representation by the u.S. Department of Justice for cìvìl suits
against them in their ìndìvìdual capacìties for actìons taken wìthin the scope of employment. 28
C.F.R. § 50.15,50.16.
An employee may be provìded representation when the actìons for whìch representation ìs
requested reasonably appear to have been performed within the scope of the employee's employment
and the Attorney General or his designee determines that providing representation would otherwise
be in the interest of the United States. 28 C.F.R. § 50.15(a). A PITF officer's written request for
representation should be dìrected to the Attorney General and provìded to the Counsel of the United
States Marshals Servìce dìvision coordinating with the PITF. The Counsel will then forward the
representation request to the United States Marshals Service's Office of General Counsel together
wìth a letterhead memorandum concerning the factual basis of the lawsuit. The United States
Marshals Service Office of General Counsel will then forward the request to the Cìvil Dìvìsìon of the
Department of Justice together wìth an agency recommendatìon concerning scope of employment
and Department representatìon. 28 C.F.R. § 50.15(a)(3).
If a PITF officer ìs found to be liable for a constitutional tort, he/she may request
indemnification from the Department of Justice to satìsfy an adverse judgment rendered agaìnst the
employee ìn hislher ìndìvidual capacity. 28 C.F.R. § 50.15(c)(4). The criteria for payment are
substantially simìlar to those used to determine whether a federal employee is entitled to Department
of Justìce representation under 28 C.F.R. § 50.15(a).
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x.
DURATION
This MOU shall remaìn in effect until terminated as specified above, unless that date ìs
modified as set forth ìn Section XI. Continuation of the MOU shall be subject to the avai1abilìty of
necessary funding. This agreement may be terminated at any time by any of the partìcipating
agencies, including the United States Marshals Servìce. The Cìty ofVirgìnia Beach may wìthdraw
from this MOU at any tìme by providìng a seven-day written notice of its intent to wìthdraw to the
MPD. Upon the termìnation of the MOU, all equìpment will be returned to the supplying agencies
XI.
MODIFICATIONS
The terms of this MOU may be modified at any time with written the consent of all parties.
Modifications to this MOU shall have no force and effect unless such modificatìons are reduced to
writing and signed by an authorized representative of each partìcìpating agency.
XII.
LIMITATION
Nothing ìn this MOU is intended to, or shall be construed to, create enforceable rights in
third parties.
JAMES K. SPORE, CITY MANAGER
CITY OF VIRGINIA BEACH
CHARLES H. RAMSEY, CHIEF OF POLICE
WASHINGTON, D.c., METROPOLITAN POLICE
DEPARTMENT
KENNETH L. W AINSTEIN
UNITED STATES ATTORNEY
DISTRICT OF COLUMBIA
BENIGNO G. REYNA
DIRECTOR, UNITED STATES MARSHALS SERVICE
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Amend Chapters 1-2, 6-3, 6-5, 6-30, 6-114, and 31-28 of the City
Code Pertaining to the Definition of Resort Season
MEETING DATE: January 4, 2005
. Background: The resort season has traditionally been defined as Memorial Day to
labor Day. However, there are many sections of the City Code that have conflicting dates
defining the resort season, which makes enforcement of each specific City Code section difficult
and confusing for enforcement officials. Furthermore, over the past several resort seasons two
major developments have occurred, including the extension of the resort season and expansion
of the beach. Recent occupancy studies have shown that more than 50% of all tourists visit the
City during the months of September to May. This trend indicates the traditional "shoulder"
seasons are becoming more popular for vacation travel, and the City is heading towards a more
year-round travel destination. Operation Big Beach has also expanded the shoreline to a total of
300 feet. The expanded beach allows more visitors to enjoy normal beach activities such as sun
bathing, swimming, throwing Frisbees and ball playing.
. Considerations: Since the "shoulder" seasons are expanding and there is more room
on the beach for traditional beach activities, the definition of resort season should be changed to
May 1 to September 30. As a result, several code provisions that were enacted as public safety
measures to restrict or limit use of the beach and resort area amenities need to be amended to
reflect these new trends as well as unifying the definition of resort season in the separate City
Code sections. Provisions relating to playing ball and throwing Frisbees need to be relaxed
while provisions regulating fishing, animals on the beach, and launching recreational vehicles
need to be tightened to reflect the expanded resort season.
. Public Information: In March this issue was reviewed with the Resort Advisory
Commission and recommended to City Council for the following season. A comment was
received by a resident concerned about the impact on residents with a shorter season in which
dogs are allowed on the beach, and asking for installation of a doggy park on Beach Garden
Park. The future use of Beach Garden Park is also under consideration with the possible
expansion of the Virginia Beach Middle School. Further public information on the Resort
Season definition is to be provided through the normal agenda process.
.
Alternatives: Create a new definition of resort season or do not adopt ordinance
.
Recommendations: Adopt Ordinance
.
Attachments: Ordinance
Recommended Action: Approval of Ordinance
Submitting DepartmentlAgenc~: ~onvention and Visitor's Bureau
City Manager~ h ~ ~
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AN ORDINANCE TO AMEND THE CITY CODE TO DEFINE
THE TERM "RESORT SEASON" AND INCORPORATE THE
TERM IN CERTAIN ORDINANCES AND TO AMEND
PROVISIONS OF THE CITY CODE PERTAINING TO
PROHIBITED BEACH ACTIVITIES DURING THE RESORT
SEASON
SECTIONS AMENDED: City Code Sections 1-2, 6-3,
6-5, 6-30, 6-114 and 31-28
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 1-2, 6-3, 6-5, 6-30, 6-114 and 31-28 of the City
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Code are hereby amended and reordained, to read as follows:
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Sec. 1-2.
Definitions and rules of construction.
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In the interpretation and construction of this Code and of all
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ordinances of the city,
the following definitions and rules of
20
construction shall be observed, unless they are inconsistent with
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the manifest intent of the councilor the context clearly requires
otherwise:
. . . .
Resort season.
The term "resort season" shall mean the time
beginning May 1 and ending September 30 of each year.
COMMENT
This amendment defines "Resort Season" as the period between May 1 sl and September 30th of
each year.
. . . .
Sec. 6-3. Playing ball, using frisbee, etc., on bcach in certain
areas prohibited.
( a)
It shall be unlawful for any person to engage in ball
playing or the use of a frisbee or any activity of like kind which
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may endanger the safety of others on the o~nd be~eh, the sandy
portion of the beach area between the surf and the area east of the
lifeguard stands, the boardwalk and the grassy area west of the
boardwalk to the property lines from C~mp Pendleton Rudee Inlet on
the south to 42nd Street on the north from 10:00 a.m. to 4:00 p.m.
weekdays and 10:00 a.m. to 6:00 p.m. weekends and holidays ~
Hemori~l D~y Wee]cend through L~bor D~y Weekend during the resort
season of
e.J.ch ye~r .
For the
o~nd be~ch ~re~ bet'.;een C~mp
Pendleton ~nd Rudee Inlet, ]mm;n ~o Cro~t~n I3e~ch, thio oection
oh~ll ~pply only on T.;eekendo ~nd holid~yo 10.00 ~.m. to 6.00 p.m.
during the reoort oe~oon
~nd oh~ll not ~pply to the ~re~o on
Cro~t~n I3e~ch ~o referenced in p~r~gr~ph (b) belovo
(b)
For purpooeo of thio oection, Hemori~l D~y Weekend oh~ll
be deemed to commence ~t 6.00 p.m. the Prid~y before Hemori~l D~y
~nd L~bor D~y Wee]cend oh~ll be deemed to end ~t 6.00 p. m. L~bor
Bay-.
It shall be unlawful for any person to engage in ball playing
or the use of a frisbee or any activity of like kind which may
endanger the safety of others on the sand beach area between Camp
Pendleton and Rudee Inlet, known as Croatan Beach, on weekends and
holidays 10:00 a.m. to 6:00 p.m. during the resort season.
( c)
The
city
his
designee
is
authorized
manager
or
to
designate
locations
within
the
sand beach
forth
in
area
set
subsection (a) of this section where activities such as playing
ball or using a frisbee or any activity of like kind may be
allowed. Such areas shall be designated with appropriate markers.
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COMMENT
This amendment: (1) incorporates the newly - defined term "resort season" into this section; and
(2) eliminates the restrictions on using frisbees, playing ball, etc. during the resort season on the portion
of the beach between the boardwalk and the lifeguard stands from Camp Pendleton on the south to 4200
Street on the north. In addition, the provisions pertaining to Croatan Beach are relocated in the section.
. . . .
Sec. 6 - 5 .
Animals on beach and adjacent areas.
(a)
It shall be unlawful
for any person who owns or has
control of any animal to permit such animal to be on the public
sand
beaches,
the
boardwalk
the
of
the
or
area
west
grassy
boardwalk to the property lines from Rudee Inlet on the south to
42nd Street on the north during the period from 6.00 p.m. on the
FridelY before Hemoriell DelY through 6. 00 p. ffi.
Lelbor Dell' resort
season of eelch yeelr,
ouch period hereinelfter referred to elO the
"oeeloon".
(b)
It shall be unlawful for any person who owns or has
control of any animal to permit such animal to be on any other
public sand beaches within the city during the resort season as
defined in § 1. 2 ¡provided,
however,
that a dog or cat may be
permitted on said beaches in the custody of or under the control of
a responsible person during the season between the hours of 6:00
p.m. and 10:00 a.m. the following day.
(c)
It shall be unlawful during the resort season for any
person to have in his possession or under his control any animal,
other than a dog or cat, on Atlantic Avenue or in the parks and
connector streets between Atlantic Avenue and the boardwalk, from
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Rudee
Inlet
42nd
Street¡
unless
to
such
animal
is
in
an
escape-proof container.
COMMENT
The amendments incorporate the term "resort season" into this section.
. . . .
Sec. 6-30.
Fishing from sand beaches.
It shall be unlawful to fish from the sand beaches of the city
from 42nd Street to Rudee Inlet between the hours of 10:00 a.m. and
4:00
weekdays
and 1 0 : 0 0
and 6:00 p.m.
p.m.
weekends and
a.m.
holidays from Hemori.J.l D.J.Y Weekend through L.J.bor D.J.Y Weekend during
the resort season.
For purpooeo of thio oection¡ Hemori.J.l D.J.Y Weekend oh.J.ll be
deemed to commence .J.t 6.00 p.m. the Frid.J.Y before Hemori.J.l D.J.Y .J.nd
L.J.bor D.J.Y Weekend oh.J.ll be deemed to end.J.t 6.00 p.m. L.J.bor D.J.Y.
COMMENT
The amendments incorporate the term "resort season" into this section.
. . . .
Sec. 6-114.
Restrictions on launching, landing, parking
stationing recreational vessels in certain areas.
or
(a)
It shall be unlawful for any person to launch or land a
sailboat¡ motorboat¡ motorized personal watercraft, canoe, rowboat,
flatboat,
kayak, umiak,
scull or any other similar recreational
vessel on the beach area north of Rudee Inlet to the center line of
42nd Street prolongated eastward, beto,Jeen Hemori.J.l D.J.Y Weekend .J.nd
L.J.bor D.J.Y Weekend during the resort season between the hours of
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10:00 a.m.
and 4:00 p.m. weekdays and 10:00 a.m.
and 6: 0 0 p. m .
weekends and holidays. The provisions of this subsection shall not
be applicable to any person who is awarded a contract, based upon
competitive procurement principles, to conduct an operation for the
rental of designated recreational vessel(s) or to any person who
rents a vessel from an authorized rental operator provided the
vessel(s)
rented
is
launched
so
landed
within
the
or
area
designated
in
such
contract.
For
of
thio
oection,
purpooeo
Hemori.::tl D.::ty Weekend oh.::tll be deemed to commence .::tt 6.00 p.m. the
Frid.::ty before Hemori.::tl D.::ty, .::tnd L.::tbor D.::ty Weekend oh.::tll be deemed
to end.::tt 6.00 p.m. L.::tbor D.::ty.
COMMENT
The amendments incorporate the term "resort season" into this section.
. . . .
Sec. 31-28.
Points of collection.
. . . .
(b)
Mobile containers in the resort collection zone may be
placed on the curb line of a city right-of-way by 6:00 a.m. on the
day of collection.
The collection of refuse from any mobile or bulk container by
a private contractor in the resort collection zone bet~:een ~pril 15
.::tnd October 15 during the resort season of e.::tch ye.::tr shall be
restricted to between the hours of 6:00 a.m. and 10:00 a.m. daily.
Any mobile container in the resort collection zone placed on the
curb line of a city right-of-way beto.:een .'\.pril 15 .::tnd October 15
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during the resort season must be removed from said right-of-way no
later than 10:00 a.m.
If mobile containers are not removed by that
time, the city may remove them and take temporary custody of such
containers with posted written notice to the property owner as to
the location of the containers and the procedure for reclaiming
such containers.
COMMENT
The amendments incorporate the term "resort season" into this section.
Adopted by the City Council of the City of Virginia Beach,
Virginia,
this
day
of
2005.
on
CA-8773
wmm\ordres\resortseasondef.doc
R-10
December 16, 2004
Content:
Approved as to Legal Sufficiency:
~â~ /f!.~
C'ty Attorney's Office
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
An Ordinance to Renew Five Existing Franchises for the Operation of
Open Air Cafés in the Resort Area
MEETING DATE: January 4,2004
. Background: Since its initial development and implementation, the Open Air
Café Program has been very successful, and a number of cafés have been established
in the Resort Area. The City's policy and practice has been to grant the initial franchise
for a term of one (1) year. If the open air café is operated successfully during the initial
one-year term, the City then renews the franchise for terms of five (5) years.
.
Considerations:
Renewals:
1.
Courtyard Marriott (2501 Atlantic Avenue) boardwalk café;
2.
Black Angus (706 Atlantic Avenue) sidewalk café;
Dough Boys 24th Café (2401 Atlantic Avenue) sidewalk café;
3.
4.
Albie's Pizza (200 21 st Street) side street café;
5.
Planet Pizza (812 Atlantic Avenue) sidewalk café.
. Public Notice: A public hearing has been advertised in accordance with Va.
Code § 15.2-1800.
. Recommendations: Approval of ordinance. If City Council approves the
attached ordinance, the granting of the franchises will be contingent upon the respective
Grantees' execution of an Open Air Café Franchise Agreement, and compliance with
the terms and conditions thereof.
.
Attachments: Ordinance
Recommended Action: Approval '
Submitting Department/Agency: Virginia Beach Convention & Visitors Bureau f(~
City Manager: ~ 'Ie ~~
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AN ORDINANCE TO RENEW FIVE EXISTING
FRANCHISES FOR THE OPERATION OF
OPEN AIR CAFES IN THE RESORT AREA
WHEREAS, the following businesses (hereinafter "Grantees") wish to renew
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existing franchise agreements for the operation of open air cafés at the oceanfront:
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1.
Courtyard Marriott Café (2501 Atlantic Avenue) boardwalk café;
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2.
Black Angus (706 Atlantic Avenue) sidewalk café;
Albie's Pizza (200 21st Street) side street café;
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3.
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4.
Dough Boys 24th Café (2401 Atlantic Avenue) sidewalk café; and
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5.
Planet Pizza Café (812 Atlantic Avenue) sidewalk café;
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WHEREAS, the City has developed a franchise agreement for the regulation of
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open air cafés that each of the above-listed Grantees will be required to execute as a
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condition of franchise renewal; and
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WHEREAS, based upon each Grantee's successful operation of an open air café
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pursuant to a franchise during the past year, the Virginia Beach Convent¡on and Visitors
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Bureau recommends a five-year renewal of the franchise of each of the foregoing
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Grantees.
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
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1.
That a franchise is hereby granted to each of the above-listed
Grantees to operate an open air café at the address indicated herein from May 1, 2005,
to April 30, 2010, conditioned on each Grantee's execution of a franchise agreement
and compliance with all of the terms and conditions thereof.
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2.
That the City Manager, or his duly authorized designee, is hereby
authorized to enter into a five (5) year franchise agreement with each Grantee.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of
,2005.
CA-9468
F:\Users\ VValldej\WP\BZA \openairord.doc
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December 2, 2004
APPROVED AS TO CONTENT:
v
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Office
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
An Ordinance Amending the Resort Advisory Commission Bylaws
Pertaining to the Composition of the Commission Membership
MEETING DATE: January 4, 2005
. Background: On September 28, 2004, the City Council adopted Ordinance No.
2840 amending City Code Section 2-6(c) regarding the appointment of members to
Resort Advisory Commission (the "RAC"). The ordinance required City Council to
appoint at least one member from each of the following organizations: Virginia
Beach Hotel/Motel Association, Virginia Beach Restaurant Association, Resort
Retailers Association, Virginia Beach Division of the Hampton Roads Chamber of
Commerce, and Virginia Beach Council of Civic Organizations.
. Considerations: The RAC bylaws were not revised to reflect the September 28,
2004 amendment. Accordingly, the bylaws are inconsistent with Section 2-6(c) of the
City Code. Article II, Section 1 of the bylaws has been revised to achieve
consistency with the provisions of City Code Section 2-6(c). A copy of the revised
section of the bylaws is attached.
. Public Information: Information will be provided through the normal agenda request
process.
. Alternatives: If the ordinance is not adopted, the RAC bylaws will continue to be
inconsistent with City Code Section 2-6(c).
. Recommendations: Adopt the ordinance.
. Attachments: Ordinance; Article II, Section 1 of the RAC Bylaws
Recommended Action: Approval of Ordinance
Submitting Department/Agency: Convention & Visitors Bureau
City Manager: ~ ¥-- ' ~ ~
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ORDINANCE NO.
AN ORDINANCE AMENDING THE RESORT ADVISORY
COMMISSION BYLAWS PERTAINING TO THE
COMPOSITION OF THE COMMISSION MEMBERSHIP
WHEREAS, by ordinance adopted on August 29, 1988, the City Council of the City
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of Virginia Beach (the "City Council") added Section 2-6 of the City Code pertaining to the
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Resort Advisory Commission ("RAC");
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WHEREAS, Section 2-6 of the City Code provides, among other things. that the
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governance and the administration of the RAC shall be in accordance with its b~tlaws;
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WHEREAS, on September 28,2004, the City Council adopted Ordinance 2840,
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which amended Section 2-6 (c) of the City Code by requiring City Council to appoint at
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least one member from each of the following organizations: Virginia Beach Hotel/Motel
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Association, Virginia Beach Restaurant Association, Resort Retailers Association, Virginia
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Beach Division of Hampton Roads Chamber of Commerce, and Virginia Beach Council of
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Civic Organizations;
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WHEREAS, Article II, Section 1 of the RAC bylaws pertaining to the composition of
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the RAC membership was not revised to reflect the September 28, 2004, amendment to
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Section 2-6(c), and is now inconsistent with the City Code;
WHEREAS, amendments to the RAC bylaws require the approval of City Council;
and
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WHEREAS, City staff recommends that Article II, Section 1 of the RAC bylaws be
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amended to achieve consistency with the City Code, and Council is of the opinion that the
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amendment is necessary.
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NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
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That the amendment to the RAG bylaws is hereby approved in the form as attached
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hereto.
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COMMENT
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The attached amendment makes the RAC bylaws consistent with Section 2-6(c) of the City
Code which requires Council to appoint at least one member from each of the above-cited
organizations.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the
day
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of
,2005.
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Approved as to Content:
CA-9470
H :\P &A \G G\ord& res\P roposed\RACbyla ws2005. ord. doc
December 15, 2004
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RESORT ADVISORY COMMISSION
BYLA WS
ARTICLE I
PURPOSE
ARTICLE II
MEMBERS
Section 1. Number. The Commìssion shall consist of at least eleven (11), but not more than
nineteen (19), members appointed by City Councìl and ffiftY shall ìnc1ude tI: at least one member
from each of the following associatìons: the Virginìa Beach HotellMotel Associatìon, the
Vìrginia Beach Restaurant Associatìon, the Resort Retaìlers Association, the Virginìa Beach
Division of the Hampton Roads Chamber of Commerce, and the Virgìnia Beach Council of
Cìvic Organizations. Finally, the Commìssion shall include at least three (3) desìgn
professionals who have expertise in the fields of architecture, urban design, land use planning,
landscape archìtecture, transportation planning, or other desìgn fields ìmportant to realizing the
purpose of the Commìssion. All nominccs shall be appointed by City Council.
These Bylaws [as amended] are hereby adopted as of this ~ 4th day of Junc, 2004
January. 2005, by the Councìl of the City of Virginia Beach, Vìrginia.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Appeal from the decision of the Planning Director to deny the request of
Susan Krohn for a Certificate of Appropriateness for a sign in the Historic and
Cultural District at the Village Shops at Rose Hall, 3157 Virginia Beach Boulevard.
MEETING DATE: January 4,2005
.
Background:
Ms. Susan Krohn owns 'Worth the Wait," a women's consignment shop. She
desires to move the store from its present location at 2870 Virginia Beach
Boulevard to the Village Shops at Rose Hall, 3157 Virginia Beach Boulevard,
adjacent to the Francis Land House. The new location in the Village Shops at
Rose Hall is zoned B-2 Community Business District with the Historic and
Cultural District Overlay. Ms. Krohn would like to erect a new sign on the
building and has replaced the faces of two existing signs. Because the site is
located within a Historic and Cultural District and the proposed new sign
requires a building permit, a Certificate of Appropriateness is required under
Section 1303 of the City Zoning Ordinance. Under that section, the Historic
Review Board and the Planning Director review requests for a Certificate of
Appropriateness. Where the Planning Director denies a Certificate of
Appropriateness, the appeal is to the City Council.
Ms. Krohn met with the Historic Review Board on October 21st and again on
November 18th. At both meetings the proposed sign plans for three signs
were presented. Two existing small signs, 1.5' by 12', were proposed to be
replaced with new sign faces. One new, larger sign measuring 1'-11.5" by 16'-
1.5" was proposed to be installed between the two smaller signs. Since the
color purple is a logo for Ms. Krohn's store, all of the proposed signage was in
purple lettering. The Historic Review Board recommends that the lettering for
all of Ms. Krohn's signs be black rather than purple. Ms. Krohn submitted a
revised sign package to the Planning Director showing the two smaller signs
with black lettering, but retaining the purple color for the larger central sign.
The two smaller signs have been installed with the black lettering.
.
Considerations:
The Planning Director supports the recommendation of the Historic Review
Board and approved Ms. Krohn's sign package with the stipulation that all
lettering be black. The Planning Director concluded that the color purple is not
in keeping with the character of this Historic and Cultural District and is not
compatible with the red brick of the building. The proposed signage would be
located on the portion of the commercial building directly fronting Virginia
Beach Boulevard and would be larger than any other sign on the building,
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Appeal of Susan Krohn
Page 2 of 2
making it highly visible. The building is composed of all earth tone colors and
the freestanding sign for the shops is light gray and white. Purple signage
would present a considerable contrast. The Planning Director is not opposed
to the small house and flower logos on the sign containing the color purple.
.
Recommendations:
It is recommended that the decision of the Historic Review Board be upheld
and that black lettering be required on the signage.
.
Attachments:
Letter of Appeal from Susan Krohn
Disclosure Statement
Location Map
Plan of Proposed Signage
Recommended Action: Denial of Appeal
Submitting Department! Agency: Planning Department~
CnyManager~ ÌL~~
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Mr. Robert J. Scott
Department of PlanDing
2405 Courthouse Drive
Rooxn 115
VÍl'gUúB. Beach. VA 23456
December 11. 2004
Re: Worth The Wait Signage
Dear Mr. Scott
I have been told by Robert Davi8 that xny only xneans of appeal regarding xny
request for signage u: to coxne before City Council. Therefore. I am requesting to be put on
the soonest City Council xneeting agenda possible. As you knoW". I have been trying
desperately. since SepteInber. to resolve the signage iSSue for xny business. Worth The
Wait
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I xnust tell you that this has been the xnost frustrating and unbelievable process
ima.giDable. I am the owner of a very upscale. fashionable W"oxnen's apparel han.dbag,
jewelry and accessory store and xny signage request has been reasonable and coxnpatible
"With any area ofVÍl'gUúB. Beach. W"hether mstorical or otherwise.
To revieW". In SepteJnber Stan Stollings froxn Cardinal Sign tried to get a pel'Il1it to
install a sign on xny buûd.ing. He W"Bs told that he needed to obtain a Certiñcate of
Appropriateness froxn the Va Beach Historical Society and that group only xnet on the 3'"
Thursday of each month. We W"ere put on theÍl' agenda for October and presented our
request. It W"Bs turned down by this group for 2 reasons. They said it W"Bs too big (even
though it W"Bs "Within. the city's allotted sq footage) and they didn't like the backlit letters.
In November. alter W"aiting an entire xnonth. W"e brought a neW" request that addressed
their concerns. We reduced the siZe by 4 feet and took aW"ay the backlit letters. This tiIne
I attended the xneeting and tried very hard to COInInunicate xny concerns. I found the
group unW':i1hng to listen. not interested in W"hat I had to say and the entire clim8.te
bordered on rudeness. Once again. xny request W"Bs turned down by a vote that neither L
Stan Stollings or Robert Davi8 understood. A ruling W"B8 u:sued that hInited xne to all black
signage iDstead of the purple I W"Bs requesting even though the COInInent W"Bs made
several tim.es during the xneeting that . color W"Bs not an iSSue: To put it Inildly. I W"Bs
shocked This decision W"Bs arbitrary, un£a.ir and to put it bluntly, clisCr:iIn.inatory, since
several other reta.ûers in the Rose Hall Shoppes have varied colored signs ranging from
red. cliJI'erent shades o£ blue. green. brown. etc.
I then contacted xny councûman J:iIn Wood and xny Jandlord Gerald Cox to ask
their advice on the InB.tter. They made soxne calls on xny behalf and a feW" days later I
received a call from Robert Davi8 telling xne to p1ea.se resubmit my origmal request for
signage directly to hiIn. and he W"ould be taking it directly to Bob Scott. He told me that he
personally felt very badly at hoW" I had been treated. that the meeting had actually been
audiotaped and it W"ould be clear to anyone that I had tried to address every concern the
group had but that they just W"eren't interested. He seemed very hopeful that theÍl'
decision W"ould be reversed and gave me every reason to hope for the same thing. He also
told me that I W"ould not have to go before the Historical Society again- I W"B.s made to
W"ait several W"eeks more until I received the call from Mr. Davis last W"eek that once again
ID.y request had been denied and that ID.Y purple logo W"B.s not acceptable and I W"B.s being
held to theÍl' decision o£ all black signage. Needless to say. I W"B.s shocked and very
disappointed.
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I have been told by several knowledgeable people. inCluding Gerald Cox who was
the architect of the Rose HaJl Shoppes and Business Center. that the color purple :is
actuslly on the palette of the 18'" Century architectural standards and sinCe so many
other colors are sJready used there on signage. it was not understa.ndable what the
objection W'SS or why I - unlike any other retaûer - was being hInited to all b1a.ck
signage.
I have had a lease on this location since SepteIn.ber I" and plan a Grand Opening
of January 10'" - and because of this long and confusing process. after almog{: 5 months I
gfj)), have no signage on my business. I sUnply v.1ill not accept that I have to have a big
black sign on an upscale women's apparel boutique.
If this :is mch a restricted area there should be clear cut guidehnes as to what
would be acceptable in regard to color. typestyle. siZe. ate and given to an incoIDing
bn~nes.C! owner at the begiDDIDg. There :is no criteria. standards or guidehnes for anyone
doing bl1~ne~ in this district to follow. It seems to be whether this select group likes. it or
not It :is sUnply not fair. I have tried to play by the rules. attend then- scheduled meetings.
address their concerns - W'ithout any clear cut direction from anyone as to what would
be acceptable or not It has been impossible.. I have entertained retaining an attorney or
going to the newspaper - but decided agamst it in favor of trying to resolve this quietly
and equitably. I gfj)), hope to do this in this manner.
Thank you for listening. I v.1ill await your reply as to when I can come before City
Council to appeal this decisiOn.
Mog{: respectfully.
Susan Krohn
Owner. Worth The Wait
2870 Virg:iIúa Beach Blvd.
Va Beach. VA 23452
757-288-4407
cc: Mr. WilliaIn Ma.cauli. City Attorney's O£D.ce
Mr. Jim Wood. City Council
Mr. Stan Stollings. Cardinal Signs
Mr. Gerald Cox
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\Vomen's Fine Consignlnent.s
J)esigner Uøudbøßs fir Jewelry fir A(,,',essories
í\'fof,eruif,y fir Shoes fir Unusual Gilb
$J~NLA CHANNEL NEON LETTERS & LOGO
- MOUNTED ON A RACEWAY
SlGN;JJ&C WALL SIGN
. ILLUMINATED
- FLAT FACE
. ~ PROPERTY OF
CUdí1tal SIGN CORPORATION
2628 DEAN DRIVE
VIRGINIA BEACH, VIRGINIA 23452
(757)486-3412 FAX (757) 486-7658
E.MÁIL: sstolllnvscarcßnals/gn@mln.com
CLlENT:I'X>RfH {HE WAif
CLIENT APPROVAl.:.
DESIGN NO:JZäCKIL_SCALEUIL:. I', ~,
DESIGNER:.IWL-...- DATE'~'
SAlESMAN:~..".51<>1IUJa> . .........
SIGN lOCATION:"""" -
REVISION DATE:."""""( < ..".04 "'.24.<14 110...,.. "".04 "'M4 ".1&""
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- 38-
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Item V-L6.
PLANNING
ITEM # 53268
Upon molron by Vice Mayor Joner. \econded by Councllmall Reeve, CIlI' Council DEFERRED u"tll tile CIty
Council Session of January 4. 2005. Ordl1lanceupan applrwt/fJ1I ()fH&A ENTERPRISES, LLc.lora Cnndmol1al
Change o/Zonlng and a Condlllonal Use Permtt
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ORDINANCE UPO~ APPLICATION. OF H&4 ENTERPRISES LL C FOR A
CHANGE OF ZONING DISTRiCT CLASSTFTCATfON FROM R-15 TO
CONDITIONAL B-2
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01dznance upon ApplicatIOn oj H&4 EJlterpflsej, L L C tor a Change OfZOmT1!l
District ClasslficalW1l {tom R-7 5 R~ldelltlal DlStllct to C'ondmonal B-2
rommllnar Bu~mes\ DI~trzcr on the southeast' arliE" oj Independence Boule\ m d
and Smof..er Road fGPfNS 1479330l94{JOOOU,14793302900000j The
ComprehensIve Plan de.\lgnate\ llll\ :.Ile a\ being part afthe Prunan: Restdentwl
Area, sul/able for approprlatl?h located mbllrhan 1 t'!JlCII!IIlIlJI and non-H'sidentral
rises consl~tent Ullh the pollC'lt'j of thl! Col1lprl!he1t!J,,'e Plan DISTRiCT 4 -
B4Y5lDE
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AND.
ORD/NANCE UPON 4PPLlCATJON OF H&A ENTERPRISES FOR A
CONDlTlOl'VAL USE PERMIT FOR MOTOR VEHICLE SALES
Ordinance UpOIl AppllcatJon of H&A Entel prrje~ {w a C Olle/Illonal Use Permit for
motor vehIcle raler all property located 011 rhe soltthea:.t cO! ner of Independence
BOIÛe1'aid and Smoke\ Road (GPINS 1479330/9400000 14793302900000j
DISTRICT 4 - B 4 YSIDE
Votlllg
9-0 (By Consent)
COllIICll Members Yotrng Aye
Harry E DlezeJ, Robert M D.....er, V,ce Mayor Louz.\ R Jmles Rehü S M, Clallall,
Mayor Merera E Oberndorf. Jim Ree1'e. Peter IV Schmidt. ROll A Villanueva and
Rosemary W'¡son
Cmlllcll Members Voting Nay
None
COltnCIJ Membet:; Ab..ent
Rrchard A Maddox and James L Wood
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: H&A Enterprises - Change of Zoning District Classification and Conditional
Use Permit
MEETING DATE: January 4, 2005
.
Background:
(a) An Ordinance upon Application of H&A Enterprises, LLC. for a Chanae of
Zonina District Classification from R-7.5 Residential District to Conditional
B-2 Community Business District on the southeast corner of
Independence Boulevard and Smokey Road (GPINS
147933019400000;14793302900000). DISTRICT 4 - BAYSIDE
(b) An Ordinance upon Application of H&A Enterprises for a Conditional Use
Permit for motor vehicle sales on property located on the southeast corner
of Independence Boulevard and Smokey Road (GPINS
147933019400000;14793302900000). DISTRICT 4 - BAYSIDE
On November 23, 2004, at the request of the applicant, the City Council
deferred these items to the January 4, 2005 hearing.
.
Considerations:
The applicant proposes to expand an existing motor vehicle sales facility by
incorporating into the existing lot approximately 11,000 square feet of vacant
property that is adjacent and to the south of the existing facility. The site plan
depicts a vehicle display area of approximately 6,000 square feet.
Staff concludes that this request is an inappropriate land use intrusion into a solid
block of residentially zoned properties. The proposed zoning is incompatible with
the long established single-family residential neighborhood adjacent to this site.
While the property to the south of the subject site is currently being used for a
commercial use, it is appropriately zoned residential. The existing fortune teller
operation at that location is a non-conforming use - a use that has existed for
many years and is out of character and contrary to the property's current zoning.
It must be noted that the fortune teller's structure is residential in character and
that the operation does not generate significant amounts of traffic. Moreover, as
a non-conforming use, at some point in the future, the commercial use of the
property will cease to exist and residential use will be returned. However, if the
applicant's requests were to be approved, the non-conforming use would be
given legitimacy and pressure to develop toward the south in a strip commercial
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H&A Enterprises, LL.C.
Page 2 of 2
development pattern along this portion of Independence Boulevard would
undoubtedly increase.
Staff's position is that the appropriate and logical stopping point for any
commercial or office development is where it is currently located: at the northeast
corner of "Smokey Road" and Independence Boulevard. The adjacent and
surrounding residential properties are somewhat "challenged" and this use is
viewed as intrusive and incompatible with the single-family nature of the adjacent
neighborhood and potentially disruptive to the work that has been done by the
City's Department of Housing and Neighborhood Development over the past
decade to improve the housing stock and quality of life for residents along this
portion of Independence Boulevard. The Gracetown neighborhood, formerly
designated as a "Target Neighborhood," has overcome many challenges
regarding the provision of basic City services to its residents. Federal, state and
local funding has enabled this neighborhood to receive basic services and
improvements commonplace in most neighborhoods such as decent and
affordable housing, paved streets, public utilities, stormwater drainage systems,
and sidewalks. This neighborhood has continued to evolve and stabilize since
the completion of these infrastructure improvements. Additional commercial
expansion into the neighborhood could jeopardize and negatively impact this
progress.
There was opposition to the proposal.
.
Recommendations:
The Planning Commission passed a motion by a recorded vote of 6-5 to deny the
requests.
.
Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends denial. Planning Commission recommends denial.
Submitting Department/Agency: Planning Department ~~
City Manage~ \- :ðß ~
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H&A ENTERPRISES, L.L.C.
Agenda Items # 24 & 25
October 13, 2004 Public Hearing
Staff Planner: Carolyn AK. Smith
The following report is prepared by the staff of the Virginia Beach Department of
Planning to provide data, information, and professional land use recommendations to
the Planning Commission and the City Council to assist them in making a decision
regarding this application.
Location and General Information
REQUEST:
24) Chanqe of Zoninq District Classification from R-7.5 Residential
District to Conditional B-2 Community Business District.
25) Conditional Use Permit for motor vehicle sales.
LOCATION:
Property located
at 1608
Independence
Boulevard.
14793311110000; 14793302900000; 14793301830000
GPIN:
COUNCIL
ELECTION
DISTRICT:
4 - BA YSIDE
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H & A ENTERPRISES
Agenda Items # 24:&25 ,
, Ppge 1
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SITE SIZE:
EXISTING
LAND USE:
30,259 square feet - existing motor vehicle sales lot; 2,699 square
feet - "Smokey Road" lot; 8,652 square feet - proposed motor
vehicle display parcel. Total acreage to be rezoned to Conditional B-
2 with a Conditional Use Permit for motor vehicle sales includes
11,351 square feet (both "Smokey Road" lot and the vehicle display
area lot).
The parcel is vacant and exists primarily as a grassed lot. The
portion of this request known as "Smokey Road" has an existing
asphalt drive. This portion of "Smokey Road" is private property.
SURROUNDING North:
LAND USE AND
ZONING: South:
NATURAL
RESOURCE
AND
CULTURAL
FEATURES:
AICUZ:
East:
. Motor vehicle sales, bank / B-2 Community
Business District
. Single-family dwelling with fortune teller operation I
R-7.5 Residential District
. Single-family dwellings, multifamily I R- 7.5
Residential District
. Independence Boulevard
. Office / 0-2 Office District, B-2 Community
Business District
West:
There are no significant environmental features on these parcels.
The property is located in the Chesapeake Bay watershed.
The site is in an AICUZ of less than 65dB Ldn surrounding NAS
Oceana.
Summary of Proposa
The applicant is proposing to expand an existing motor vehicle sales facility by
incorporating into the existing lot approximately 11,000 square feet of vacant property
that is adjacent and to the south of the existing facility. A Conditional Rezoning request
and a Conditional Use Permit (for the motor vehicle sales) have been submitted. The
site plan depicts a display area of approximately 6,000 square feet to place additi(?Q§1
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H & A ENTERPRISES
Agenda Items # 24 & 25
Page 2
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vehicles for sale. It is not clear how many vehicles would be able to be displayed as the
submitted plan does not fully depict all landscaping requirements for the display area
(This is not atypical, as final engineered plans are not normally drawn until City Council
approval; however, as this site is small and adjacent to residential properties, these
issues bear more importance).
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The following represent the significant issues identified by the staff concerning this
request. Staff's evaluation of the request is largely based on the degree to which these
issues are adequately addressed.
. Compatibility with surrounding land uses and zonings.
. Consistency with the recommendations of the Comprehensive Plan.
Comprehensive Plan
,""
The Comprehensive Plan recognizes these parcels as being within the Primary
Residential Area. The land use planning policies and principles for the Primary
Residential Area focus strongly on preserving and protecting the overall character,
economic value and aesthetic quality of the stable neighborhoods located in this area.
In a general sense, this means that the established type, size, and relationship of land
use, both residential and non-residential, in and around these neighborhoods should
serve as a guide when considering future development.
H & A ENTERPRISES
Agenda;ltems # 24~&25
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The following are proffers submitted by the applicant as part of a Conditional Zoning
Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning
Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified
problems to the extent that the proposed rezoning is acceptable," (§1 07(h)(1». Should
this application be approved, the proffers will be recorded at the Circuit Court and serve
as conditions restricting the use of the property as proposed with this change of zoning.
PROFFER # 1
PROFFER # 2
PROFFER # 3
PROFFER # 4
Staff Evaluation of
Proffers:
Development of the site will conform to the preliminary site
plan of additional parking for" Autoland" located in
remainder of Lots 1 &2, map of Bayshore (C.H. Fentress
Property) prepared by TES Inc. dated September 23,
2002, and no structures shall be constructed on the
property, rather said property shall be used as a display
area for the sale of automobiles.
The Grantor shall not construct any additional curb cuts on
Independence Boulevard and eliminate the Smokey Lane
curb cut.
The Grantor shall not construct any public address system
on said parcel.
The Grantor shall construct all lighting to reflect to the
interior of the parcel.
The proffers do nothing to contribute towards making this
project exemplary. It was recommended to the applicant
that the proffers, at a minimum, attempt to go beyond
traditional requirements for commercial properties adjacent
to residentially zoned districts; for example, provide
additional width to buffers, install additional landscape
materials within the buffers, prohibit the use of risers for
display of motor vehicles for sale, limit hours of operation,
etc.
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H & A ENTERPRISES' ,,'
Agenda.ltems # 24&,25"
" Page 4
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City Attorney's
Office:
The City Attorney's Office has reviewed the proffer
agreement dated September 10, 2004, and found it to be
legally sufficient and in acceptable legal form.
Staff recommends denial of this request.
Staff's evaluation of this request reveals the proposal, through the submitted materials
and the proffers does not address each of the 'Major Issues' identified above. The
proposal's weaknesses in addressing the 'Major Issues' are
(1) The applicant's business success has generated a desire for an expansion that
Staff believes is an intrusion into a solid block of residentially zoned properties.
Staff's opinion is that the proposed zoning is incompatible with the long
established single-family residential neighborhood adjacent to this site. While the
property to the south is commercial in use, it is appropriately zoned residential.
The existing fortune teller operation at that location is a non-conforming use - a
use that has existed for many years and is out of character and contrary to the
property's current zoning. It must be noted that the fortune teller's structure is
residential in character and that the operation does not generate significant
amounts of traffic. Moreover, as a non-conforming use, at some point in the
future, the commercial use of the property will cease to exist and residential use
will be returned. However, if the applicant's requests were to be approved, the
non-conforming use would be given legitimacy and pressure to develop toward
the south in a strip commercial development pattern along this portion of
Independence Boulevard would undoubtedly increase.
Staff's position is that the appropriate and logical stopping point for any
commercial or office development is where it is currently located: at the northeast
corner of "Smokey Road" and Independence Boulevard. The adjacent and
surrounding residential properties are somewhat "challenged" and this use is
viewed as intrusive and incompatible with the single-family nature of the adjacent
neighborhood and potentially disruptive to the work that has been done by the
City's Department of Housing and Neighborhood Development over the past
decade to improve the housing stock and quality of life for residents along this
portion of Independence Boulevard. The Gracetown neighborhood, formerly
designated as a "Target Neighborhood," has overcome many challeng~$" ' '.'
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H & A ENTERPRISES
AgendaUems # 24~25
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regarding the provision of basic City services to its residents. Federal, state and
local funding has enabled this neighborhood to receive basic services and
improvements commonplace in most neighborhoods such as decent and
affordable housing, paved streets, public utilities, stormwater drainage systems,
and sidewalks. This neighborhood has continued to evolve and stabilize since
the completion of these infrastructure improvements. Additional commercial
expansion into the neighborhood could jeopardize and negatively impact this
progress.
(2) Staff concludes that the proposed expansion and rezoning is inconsistent with
the recommendations of the Comprehensive Plan. The Comprehensive Plan's
land use planning policies and principles for the Primary Residential Area focus
strongly on preserving and protecting the overall character, economic value and
aesthetic quality of the stable neighborhoods located in this area. According to
the Plan, "Developing a mix of compatible uses either within well-designed
structures or well-designed tracts of land should also be considered in this
[Primary Residential] area, provided that such action contributes to the quality,
attractiveness and livability of the neighborhood." The expansion of the motor
vehicle sales operation does little to contribute to improving the aesthetics or
adding to the residents' quality of life. The Plan goes on to state that 'When
making decisions ...it is important to take into account the unique character of
the affected neighborhood and make adjustments when necessary to protect it.
This is of particular importance when considering issues of density and where
non-residential uses are proposed in proximity to established residential uses"
(page 90). The Plan calls for the protection of established residential
neighborhoods against invasive land uses that, due to their activity, intensity,
size, hours of operation or other factors, could potentially destabilize them. The
submitted site plan does depict landscape buffers in an attempt to mitigate any
negative impacts to adjacent properties; however, buffers and screening should
not be viewed as anything other than a last resort to protect the established and
challenged neighborhood and should never replace nor be a substitute for good
land planning policies.
Staff concludes these weaknesses cannot be adequately addressed through changes to
the proposal or through additional proffers, and, therefore, recommends denial of the
requests.
NOTE:
Further conditions may be required during the
administration of applicable City Ordinances. Plans
submitted with this rezoning application may require
revision during detailed site plan review to meet all
applicable Citv Codes.
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H & A ENTERPRISES
Agenda Items # 24:&25
. Page 6
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Su pplemental Information
Zoning History
rn DATE
1 10-02-01
2 05-14-96
3 09-24-96
4 06-13-95
5 05-29-90
6 07-06-81
I REQUEST
Conditional Use Permit (church)
Conditional Use Permit (motor vehicle sales)
Conditional Use Permit (car wash)
Conditional Use Permit (auto repair)
Conditional Use Permit (auto repair)
Change of Zoning (0-1 Office District to B-2
Community Business District)
I ACTION
Granted
Granted
Granted
Granted
Withdrawn
Denied
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H & A ENTERPRISES
Agenda;Uems# 24/~..25
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Public Agencv Comments
Public Works
Master Transportation
Plan (MTP):
Independence Boulevard in the vicinity of this request
is a four (4) lane divided urban arterial. It is designated
on the MTP as a 150 foot wide right-of-way with a
multi-use trail.
Traffic Calculations: Street Name Present Present Generated Traffic
Volume Capacity
Existing land Use L
Independence 17,300 40,000 - 20 ADT
Boulevard ADT1 ADT1 Proposed land
Use - 262 ADT
,
Average Dally Tnps
2 as defined by 2 single family dwellings permitted by current zoning
3 as defined by proposed expansion
Public Utilities
Water:
There is a 12 inch water main and a 36 inch force main in
Inde endence Boulevard. This site must connect to Ci water.
Sewer:
There is an 8 inch sanitary sewer main in Smokey Lane and the end
of the line sanitary sewer cleanout on an 8 inch gravity main fronting
the ro e . This site must connect to Ci sewer.
Public Safety
Police:
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
strate ies as the ertain to this site.
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H & A ENTERPRISES
Agenda ttems#, 24,~25
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lfire anq Rescue:
I Adequate - no additional comments at this time.
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H & A ENTERPRISES
Agendaltel11s # 2 ',. "25
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Exhibit A
Aerial of Site
Location
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H & A ENTERPRISES
Agenda Items # 24 & 25
. Page 10
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Exhibit C
Photograph of
Existing Site
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H & A ENTERPRISES
Agenda items # 24 & 25
. , Page.12
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Exhibit D
Disclosure
Statement
T>RP'
DISCLOSURE STA TEM EN'T
APPLICANT DISCLOSURE
If the appJicantis a corporation, partnership, firm, business, or other unincorporated
organization, complete the following:
1. List the applicant name foHowed bytl1e names of all officers, members, trustees,
partners, etc. below: (Attach fist if necessa¡y)
H I:, A ENTERPRISES L. L. C.
¡ HA.'1ID ABDOLAZADEH, OW"NER, .'1EMB.ER
t
2. Lislall businesses that have a parent-subsidia¡yt or affiliated business entity2
relationship with the applicant (Attach fist ¡(necessary)
AUTou..'m AUTO SALES INC. a VIRGINIA CORPORATION
¡
HA..'1ID ABDOLAZADEH, PRESIDENT
1
0 Check here if1heapplicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only ¡fproperty ownerls dífferentfrom applicant.
Jf the property owner is a corporation, partnership, firm, business, or other
unincorporated organization,çompletø the following:
1. Ust the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach ¡ist if necessary)
2. List aU businesses that have a parent-subsidiary' or affiliated businessentitý!
relationship with the applicant: (Attach ¡¡stif necessa¡y)
0 Check here if the property owner is NOT a corporation, partnership, firm, business,
or other unincorporated organization.
¡ & 2 See next page for footnotes
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H & A ENTERPRI~ES
Agenda 'Items # 24&25.
, Pag~13
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DISCLOSURE STATEMENT ~
!
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ADDITIONAL DISCLOSURES
List an known contractors or businesses that have or will provide services with respect
to the requested property use, including but not Jimited to the providers of architectural
services, real estate services, financial services, aC(:ounting services and legal
services: (Attach list if necessary)
WAHCOVIABM"'K,SOL'TH TRUST. WFS FINÆ.'TCIÆ., TRIADFIN.å..NCIAL, MOORE LOk'1S,
ONYX ACCEPTANCE, AUTO TR..'ì.DER, CH..~'"NEL 7 & 11 COX. 3D DIRECT MAIL MA,R1ŒTING
STALLINGS & BISCHOFF, P.C., REALTY EXECUTIVES - DENNIS W. BELL,
CLIFFORD LOVE, III
1 "Parent-subsidiary relationship" means "å relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the
: voting power of anothercorporatìon." See State and local Govemment Conflict of
! Interests Act, Va. Code § 2.2-3101.
2 "Affilìated business entity relationship" means "a relationship,otherthan
, parent-subsidiary relationship, that exists When (i) one busIness entity has a
¡ controlling ownership interest ¡nthe other business entity, (ii) a controlling owner in
J one entity is also a controlling owner in the other entity I or (iif) there is shared
management or control between the business entities. Factors that should be .
considered in determillingtheexistence 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. .
¡ CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been
scheduled for public hearing, I am responsible for obtaining and posting the required
sign on the subject property at least 30 days prior to the scheduled public hearing
a~:~r~u:ij: t:rzkage. BY ::: =::::: ~~:R
Applicant's Signature Prínt Name
Property Owners Signature (if different than applicant)
Print Name
Conditional Use Permit Application
Page 11 of 11
Revised 2!1!3/:;>OO4 .
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H & A ENTERPRISES
Agenda Jtems# 24~25
. PagØ14
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Item #24 & 25
H&A Enterprises, LLc.
Change of Zoning District Classìfication from R- 7.5 Resìdential
District to Condìtìonal B-2 Community Business Dìstrict
Conditìonal Use Permit
Southeast corner of Independence Boulevard and Smokey Road
Dìstrict 4
Bayside
October 13,2004
REGULAR
Joseph Strange: The next items are Items #24 & 25 H&A Enterprises, LLc. An
Ordinance upon Applìcation ofH&A Enterprises, LLC. for a Change of Zoning District
Classification from R- 7.5 Resìdential District to Conditional B-2 Community District on
the southeast corner of Independence Boulevard and Smokey Road and an Ordinance
upon Applìcation ofH&A Enterprises, L.LC. for a Conditional Use Permit for motor
vehicle sales on property located on the southeast comer of Independence Boulevard and
Smokey Road, District 4, Bayside.
Dorothy Wood: Mr. Stallings.
Sonny Stallings: Good afternoon Madame Chaìrman, members of the Commission. I'm
Sonny Stallìngs and I represent the applicant. I just want to tell you briefly. I noticed the
date when I opened the file on thìs case and ìt was June 2001. This one has been around
awhile and nobody's fault here. We had several thìngs that staff along the way had asked
us to do. The very first was the fortuneteller to the south property. The structure was
encroaching on our property and we were told he had to clear that up and we dìd. We
actually sold some property to her. We thought we were okay and then this whole
problem with Smokey Lane came up and we worked with the City Attorney for years on
tryìng to straighten that out. Not his fault of course but Smokey Lane was owned by a lot
of people. Tracking them down was a problem but Smokey Lane is a paper street right in
the mìddle of this and staff said you can't split this and have Smokey Lane in the middle
and your lot over here so you've got to acquìre Smokey Lane. So, throughout a lot of
hoops my client did acquire Smokey Lane and I think the City Attorney is now satìsfied
that we actually own that and were not asking to expand our parking lot for the sale of
automobiles. I've read the staff comments and I'm sure you have and we tried to address
some of the concerns about noise with no speakers and no lìghts, and we actually took
down and lowered the lìght poles on the exìstìng structure at the City's request. There
were some other things that the City recommended and quìte frankly that we had such a
hard time gettìng this ball to the plate, ìfyou wìll and I said we'll go forward. They
mentioned the hours of operatìon. We currently operate from 9:30 a.m. until 7:00 p.m.
and there are no plans to change that. We wìll be, ìf approved, eliminating a curb cut.
We're not putting any structures up and we're not going to have any lìghtìng shìnìng ìn
the neighborhood and we'll do whatever landscapìng the City requires. Whatever they
want. We're onlyp1annìng on parkìng vehìc1es for sale on this property. Now does it
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Item #24 & 25
H&A Enterprises, LLC.
Page 2
intrude across the street, Smokey Lane and into the residentìal? I guess physically ìt
does. It ìs on Independence Boulevard. We got a fortuneteller next door and we got our
existing car lot and building next door so we got thìs parcel in the mìddle. It really is not
practical for single-family development. I really don't think willIe maybe it does
encroach across the mysterious Smokey Lane, it really doesn't have that negative ìmpact
on the neighborhood. Now I don't know ìfwe have opposìtion here or not. I think my
c1ìent has been there since 1996 and has been a good neighbor. He tells me that he hasn't
had any problems in the neìghborhood. He hasn't any complaints. All he wants is to
have some more room to sell some more cars. It's pretty much that simple. You all
know where it is. You've seen where it is. We're asking for approval.
Dorothy Wood: Are there any questìons for Mr. Stallings?
Sonny Stallings: Yes sir.
Ronald Rìpley: If this was approved to B-2 Community District wìth a Conditional Use
Permit were there any uses that you considered that you could elìminate that are by-right
uses that could possibly be objectionable to this neìghborhood?
Sonny Stallings: We'll eEminate anythìng but the sale ofvehic1es. There's no repaìrs or
anythìng lìke that? Is that what you mean?
Ronald Rìpley: Are there uses that are by right in the B-2 District that would be
objectionable other than tills one?
Sonny StalEngs: Yes sir. That ìs all he wants to use ìt for.
Ronald Rìpley: Do you go through the staff? Dìd you all discuss this with staff?
Sonny Stallings: No. That really wasn't a concern. I think staffs concern is they put ìn
as it is encroacillng into the residential. I think that's their big concern. As a matter of
fact, they saìd even if we address some of the other things, willch we're happy to address,
they didn't want any cars upon what they call "risers". We don't want risers. We agreed
to that. We limited our hours of operation. I don't think that makes staff happy because
their concern ìs well you're spreading out.
Ronald Rìpley: Staff didn't provìde any condìtions at all other than that if it was
approved. Is that correct?
Sonny Stallings: Thank you.
Joseph Strange: Speakìng ìn oppositìon we have Vernon L Dìckens, Sf.
Bill MacaE: Madame Chairman?
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Item #24 & 25
H&A Enterprises, LLc.
Page 3
Dorothy Wood: Yes sir.
Bìll Macali: Before we get to the next speaker, I thìnk Mr. Ripley you're asking ìf other
uses are avaìlable on the property?
Dorothy Wood: We'll be right with you sir.
Bill Macali: The answer ìs no. The development of the site will conform to the
prelimìnary plan for addìtional parking for Auto Land. His language right in the first
proffer and ìfthìs applìcation ìs approved they're bound by the proffer. So, that ìs all the
property can be used for.
Ronald Rìp1ey: That is all that it can be used for. No other by right uses.
Bill Macali: No sir.
Dorothy Wood: Yes sir. We appreciate you comìng down today sir. Welcome.
Vernon Dickens: Good evening. My name is Vernon L Dickens, Sr. I live at 1488
Independence Boulevard. I come here to represent the Petty Famìly that lives right
behind the property and the property next door, and the majority of the people ìn the
neighborhood. We feel that this business should not encroach into a resìdential area
because it would be like a eating cancer to us. And people keep on coming in because we
have a lot of negatìve people that live out there. They will be selling out and it will keep
on spilling down Independence Boulevard. This neighborhood has been there just about
100 years and we would please ask that it stay a residential area.
Dorothy Wood: You were here before weren't you?
Vernon Dìckens: Yeah. I was here before.
Dorothy Wood: I remember you.
Vernon Dickens: I'm not aware and I can understand this man spent a lot of money but I
wasn't aware of how long they've been after this application and I've just been brought
on this application last week or so. So I went around to the neìghbors that I could catch
home. I got a bunch of sìgnatures to deny this applicatìon.
Dorothy Wood: Thank you. Are there any questions for hìm?
Robert Miller: Do you have a petìtìon signed by neighbors?
Vernon Dickens: Yeah.
Dorothy Wood: You want ìt back sir?
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Item #24 & 25
H&A Enterprises, LLC.
Page 4
Vernon Dickens: I made a copy. I don't know ìfyou want the original or what?
Dorothy Wood: The copy would be fine sìr. We'll give ìt right back to you.
Vernon Dìckens: I don't need it back.
Dorothy Wood: You don't need it back?
Vernon Dickens: I'll give you the houses that I vìsìt. Do you need that?
Dorothy Wood: Are they all around the property sir?
Vernon Dickens: Yeah. Just about all the way around. Just about four houses that I
couldn't catch on Independence Boulevard and three houses just about dìrectly and across
from it and back in down Fuller, Frost, Winter, Cullen and just about every one of the
streets in the neighborhood.
Dorothy Wood: Thank you sir. We appreciate you coming. Mr. Stallings.
Sonny Stallìngs: Well, I think this last gentleman kind of sums it up. It's a philosophy.
And really what we're objecting to I dìdn't hear him say that parking cars on this vacant
lot is goìng to negatìvely ìmpact anybody back on Forest Lane because in reality it's just
not. They don't like the idea that it is the spread. It's the old domino theory I guess.
They probably don't like the fact that J.B Gallery of Gìr1s is on the next comer. They
don't like the fact that the fortuneteller ìs there but we got Independence Boulevard and
there's commercial on it. My client has been a good neighbor there for 7 years wìth no
problems and he wants some more room to park cars. If you think it's an encroachment
then you vote agaìnst it. If you think it's a reasonable use of this lot, which really is not
going to be used for single-family homes. There are two lots actually. You could put
two single- family houses there with two more curb cuts on Independence Boulevard.
We're going to eliminate a curb cut. So, I think you got the flavor of it.
Dorothy Wood: Thank you Mr. Stallings. Mr. Crabtree then Mr. Rìp1ey.
Eugene Crabtree: I see this as exactly like the one that we prevìous1y dìscussed as an
encroachment on the neìghborhood. Independence Boulevard is no dìfferent than
Kempsvìlle Road. So, I voted for it on Kempsville Road so I'm goìng to support thìs
one.
Dorothy Wood: Mr. Ripley.
Ronald Rìpley: Mr. Scott? The Smokey Lane. Does the public have any interest in that?
Bìll Macalì: Mr. Ripley, we can answer that. We looked at it and determined that there
is no public ìnterest in ìt. The Cìty doesn't own ìt. It was owned by a number of people
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Item #24 & 25
H&A Enterprises, LL.c.
Page 5
privately. The applicant was then required then to acquìre all theìr interest. So, it ìs my
understandìng that its Smokey Lane. The applicant is supposed to have sole title to the
portìon of Smokey Lane, which is included in thìs applìcatìon. The City has no ìnterest
in it. It's not a publìc street.
Ronald Ripley: As I mentioned ìn the informal meeting, I was undecided coming here as
to exactly what we should do wìth this piece. I wanted to hear ITom counselor and to
hear what the neighborhood saìd. When I looked at the property you could make a case
for them either way. You wouldn't think that the roads along Independence Boulevard
with the shallow depth would develop into them. I could remember my neighbor who
passed away and I remember I mentioned this once before, she complimented the
Plannìng Commission, P1annìng and staff and housìng agency or the City for taking thìs
neighborhood and creatìng to where ìt was to where ìt is today. It's a nice neighborhood
with beautiful homes but it's a pretty nice neìghborhood. When I read the staff write up
and it is clear in the write up and when you physically look at it, I can go either way. I
look at this piece in think ìn terms would it really make more sense to put more houses on
this? When you look at the back of it you have this road that dead ends to the back of the
property with the houses ìn the back. This one is an easier case to make I think than Item
#3. Item #3 really seemed to be and it was a home that was adjacent to difficult
apartment parcel of the neighborhood and this is kind of just drawing it away in my mind.
I'm ìnc1ìned to agree with the applìcant on this. I think it's a logical move when you
extend Lakeside Road across the street and look at the 0-2, B-2 next to it. I'm inclined to
agree with this too. I'll be supporting this applìcation.
Dorothy Wood: Mr. Mìller.
Robert Mìl1er: I think there was a considerable amount of City money wìth perhaps other
money put ìnto that neighborhood. That neìghborhood has really come alive. It is a great
neighborhood. You can tell when you drive through there ìs a lot of pride that people in
the neìghborhood and you can tell how well it's been done. I remember that we had a
couple oflots perhaps this next street down or another street down where we asked them
to bring in their entrances off the side roads ìnstead of off Independence and since then
we may have had one or two others where we've had single-famìly lots ITonting on
Independence Boulevard. I certaìn1y I'm not encouraged to have two more single-family
lots frontìng on Independence Boulevard. I don't know how. What does the person next
door do? I forgot what he saìd.
Sonny Stallings: Fortuneteller
Robert Mìller: I don't know how she got there but I guess that has been a long-standìng
use that we've agreed with. I think Mr. Dickens is concerned about this spreading lìke a
cancer further down Independence Boulevard. I think the neighborhood is more resilient
and I think what we've seen more recently is that the people that have built on
Independence Boulevard and all those houses in there, there has been a conscientìous
decìsion that we're going to do this. The driveways are set up so you can pull off of
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Item #24 & 25
H&A Enterprises, LLC.
Page 6
Independence and back up and move around so people are safe and are able to move
around in that corridor. So, I don't see it quite as bad. I think you would have said so if
ìt had not been true that thìs operation has been a good neighbor in other ways as far as
the automobile ìndustry. I assume you would have said that they were terrible or they've
done other things. But I don't they have been. I think Mr. Stallìng's poìnt of the
limitations of the Conditional Use to put cars here is simply to park cars here. I'm not
sure of remembering thìs one but we've had several car dealers that intend to take
advantage of our City right-of-way. I'm sure your clìent is not one of those but I'm more
inclined to support this. I feel very good that this neighborhood is very, very strong and
will continue to be strong.
Dorothy Wood: Jan.
Janice Anderson: I'm a little reluctant with the change of zoning because of the intrusìon
of the neighborhood. This ìs a B-2 even though it is indicated that they're would be
happy to do whatever buffering between the neighbors and everything. It is not proffered
ìn here. Especially with a B-2 right next to a neighborhood with no conditions on
screening, landscaping. I think that's been required of every other B-2 zoning next to a
neìghborhood and this is just vacant in this application. I would never go forward on
change of zoning to a B-2 without that kind of information depìcted.
Robert Miller: I think ìt's on there if you look at the site plan. They ìdentìfy 15-foot
landscape buffer around the sides.
Janice Anderson: Okay. That's only in the site plan but ìt is usually spelled out ìn the
proffers or condìtions. Also with the B-2, I understand that this ìs supposed to be used
for auto sales that would be in the proffer but as we know the proffers can be to changed
and put a building there or something or down the road. If you specifically say these uses
shall not ever be used on the property because of a proffer sends a stronger message for a
change down the road. Even with the B-2 with those conditions I don't know ìfI would
be supportive. I believe the neighborhood and just with their petition that they supported
that they do believe that it would bring ìntrusion to the neighborhood. There are other
houses resìdential on Independence Boulevard that are thriving that neighborhood has
come back as everybody has stated and there has been some effort wìth that. Especially
the way the application is now I definitely wouldn't support the change of zonìng.
Dorothy Wood: Thank you Jan.
Wìllìam Din: I think this is a good case also that changing it from a B-2 is more intrusion
of thìs neìghborhood. The prevìous one beìng an office was less intrusive. With this
issue I think we draw the lìne here and not allow this intrusion. I will not be supportìng
this.
Dorothy Wood: Is there anyone else?
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Item #24 & 25
H&A Enterprises, LLC.
Page 7
Ronald Rìpley: Can I make a motion?
Dorothy Wood: I wish you would.
Ronald Ripley: A motion to approve the applìcation.
Robert Mìller:Second.
Dorothy Wood: A motion by Mr. Rìpley and seconded by Mr. Miller.
AYE 5
NAY 6
ABSO
ABSENT 0
ANDERSON
CRABTREE
DIN
HORSLEY
KATSIAS
KNIGHT
MILLER
RIPLEY
STRANGE
WALLER
WOOD
NAY
AYE
NAY
NAY
AYE
NAY
AYE
AYE
NAY
AYE
NAY
Ed Weeden: By a vote of 5-6, the application is denied.
Dorothy Wood: Thank you for coming down.
Sonny Stallings: Thank you.
Robert Miller: Does there need to be another motion if we deny this? I think there does.
Does it not? The favorable motìon was defeated but wouldn't we have to have a motion
to deny?
Bìll Macalì: I don't think that is necessary to be very honest.
Sonny Stallings: We'll accept this as a denìa16-5.
Bìll Macalì: There has to be an affirmative vote of six members to recommend an
approval.
Dorothy Wood: Thank you.
loct 13 04 07: 57a
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RUYDINGCO
4333104
p.2
Page 1 of 1
Planning Commìssion
We feel that the rezoning of the lot on the southeast comer ofIndependence and Smokey Rd.
GPins 147933019400000;14793302900000 should be rejected for the following reasons.
There car busìness now has very hìgh lights that stay on all night. These lights have caused the town
homes
behìnd the business to put extra shades and blinds up wìthout them you can not sleep ìt so bright in our
bedrooms these lights are a nuìsance, We can not sit out and enjoy our backyards at night ìt ìs so
bright. You can read a book outside at midnìght.
, A lot of the cleaning of the car is done on weekends when everyone is home. The employees use
very foul language. We have chìldren who can not go ìn there back yard without hearing this.
They turn the radios up so loud it rattles the windows in our homes. We have asked them to turn them
down they just ignore us. There vacuum system is ìnside the building they leave the over head door
open when c1eanìng the cars. It sounds like a small jet engine and run for hours at a time- The men
workìng there smoke pot while cleaning the cars you can smell ìt on most weekends.
They unload cars at all hours of the night even at 3 & 4 AM in the parking lot behìnd use. This wakes
up the whole street.
Every Wednesday mornìng at AM the trash truck pick up there dumpster and again the banging wakes
us up. .
We need good business in Virginia Beach and they need to grow but ìt works both ways by put1ìng
more car's on there lot means more lights, noise, more nuìsance we do not need this.
We have spoken to all home owners from 4715 to 4723 Donelson Rd. which are in agreement and they
all agree enough is enough.
Thank You
Hermìtage Townhouse Civic League
President
Gregory D. Fisher
4721 Donelson Rd.
Virgìnìa Beach
Virginia 23455
460-0832
junomsg:/ /00822AEO/
10/12/04
II Oct 13 04 07:57a
RUYDINGCO
4333104
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To The Planning Commission for the City of Virginia Beach:
We the citizens of Gracetown strongly object to application numbers eO4-crz-200-2001 and EO4-cup-200-2001
for any changes in zoning or a Use permit as requested by H&A ENTERPRISES LLC. Smokey Road is a natural buffer
between the business and the residential areas. We urge you to keep Gracetown as a residential zone only.
We theundersigned citizens of Gracetown submit this petition.
Signature
Print name
Address
RegistedVoter
Date
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To rh~, Þfanning Commission f()r the Qlty oJ Virginiaaê.~øÌi:
::fòt,à.n~,chártgesinzòlÍitrg Qí' a Use perrrtitj~s'reque$teërÞy;
n and eø4~cup..200..2ÖO1
G. SmØkey~oadl$anáturar buffer
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betWeen:the btJsine.ss and thð tesldentiàl:år~às, We.urg
We theundersignedéltite.ns ofGrScetðwn'stlbO1Jtthispetitìön.
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To The Planning Commission for the City of Virginia Beach:
yVethè citizens of Gtâcøtowrl strongly.öbjecttöappJicatiön hUll1bèrs eQ4-cr'Z-200'-2QO1 andJ;04"ct.Jp-200-2001
.fQranychàngeSihzorHng or a Usepermita$requested by H&AËNTJ;RP.RISESLLC.SmokeyROadiS ä natural buffer
between the business and the residential areas. We urge you to keep Gracetown às a residential zone only.
Wetheundersigned citizens of Gracetownsubmit this petition.
Date
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We theundersigned citizéÍ'ls of Gracetown submit this pétitlon.
To The Planning Commission for the City of Virginia Bëach:
for any changes in zoning or a Use permit as requestl
.between the businèssand the residential areas. We.
Signaturè
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To The Planning CommissionfortheCityofVirglhiäBeach:
We the citizens of Gracetown strongly obje~t to application numbers eO4-crz-200-2001 and EO4-cup-2QO-2001
for any changes in zoning or a Use permit as requested by H&A ENTERPRISES LLC. Smokey Road is a natural buffer
between the business and the residential areas. We urge you to keep Gracetown as a residential loM only.
Wetheündersigned Þit.ìzens. of Gracet6wHsUbn'l'itthi$pètiti6n.
RegistedVoter
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;.L.c.~rnøkeyRoad ¡sa natural buffer
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To The Planning CommissiorrfÒrthe CftyofVfi'giîiiäBeåbh:
,We the citizens of Gracetown strongly object to application numbers e04-crz"'200-2001 and EO4-'Cup-200-2001
for any changes in zoning ora Use permit as requested by H&À EN"rERÞRISES L.L.C. Smokey Road is a natural buffer
between the business and the residential areas. We urge you to keep Gracetdwn as a residential zone only.
We theundersigned citizens of Gracetown submit this petition.
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To The Planning Commission for the City ofVirginià Beach:
We the citizens of Gracetown strongly object to application numbers eO4-'crz.:.200-2001andEO4-cup..200-2001
for any changes ¡nzoning or a Use permit as requested by B&A EN'rERPRISES LLC. Smokey Road is a natural buffer
between the business arid the residential areas. We urge yoU.td keep Gracetdwn as a i'esideíitiaízdne ónly.
We theundersigned citizens of Gracetown submit this petition.
Print name
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To. The Planning Co.mmission for thëCity Of Virginia B.~ach:
We the cjtíZ~OSo.f Gracøtown $trO"glyo.bject to application.. numb~r$êQ4-crz¡2()Q~2QQ1~h<:fEQ4~cup-2QO'-2QQ1
for any chànges in zo.ning 0.1' a Use permit as requested by H&A ENTE~PRISES LLC. Smo.key Ro.ad is a natural buffer
between the businèss and the residential areas. We urge you to keep Graceto.wn as a residential zane anly.
We theundèrsigried citizens af Gracetöw/Ì submit ibis þetition.
Address
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To The Planning Commission .for the City of Virginia Beach:
We the citizens of Gracetown strongly object to application numbers eO4-crz-200-2001 and EO4-cup-200~2001
for any changes in zoning or a Use permit as requested by H&AENTERPRISES LLC. Smokèy RoàØ is a natural buffer
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between the business and the residential areas. We urge you to keep Gracetown as a residential zone only.
We theUndètsigrled citizens of Gtåêètown submit this petition.
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To The Planning Commission for the City of Virginia Beach:
We the citizens of Gracetown strongly object to application numbers eO4-crz-200-2001 and E04-cup-200-2001
for any changes in zoning or a Use permit as requested by H&A ENTERPRISES Ll.C. Smokey Road is a natural buffer
between the business and the residential areas. We urge you to keep Gracetown as a residential zone only.
We theundersigned citizens of Gracetown submit this petition.
Signature
Print name
Address
RegistedVoter
Date
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To The Planning Commission for the City of Virginia Beach:
We the citizens of Gracetown strongly object to application numbers eO4-crz-200-2001 and EO4-cup-200-2001
for any chsnges in zoning or a Use permit as requested by H&A ENTERPRISES L.L.C. Smokey Road is a natural buffer
between the business and the residential areas. We urge you to keep Gracetown as a residential zone only.
We theundefsi9¡ned citizens of Gracetown submit this petition.
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Address
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Zoning History
[[] DATE
1 10-02-01
2 05-14-96
3 09-24-96
4 06-13-95
5 05-29-90
6 07-06-81
I REQUEST
Conditional Use Permit (church)
Conditional Use Permit (motor vehicle sales)
Conditional Use Permit (car wash)
Conditional Use Permit (auto repair)
Conditional Use Permit (auto repair)
Change of Zoning (0-1 Office District to B-2
Community Business District)
I ACTION
Granted
Granted
Granted
Granted
Withdrawn
Denied
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CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To OUT File No. DF-5407
DATE: December 15,2004
TO:
Leslie L Lilley
William M. Macali {))./'
Conditional Zoning Application
H&A Enterprises, LLC.
DEPT: City Attorney
FROM:
DEPT: City Attorney
RE:
The above-referenced conditional zoning applìcation is scheduled to be heard by the City
Councìl on January 4,2005. I have reviewed the subject proffer agreement, dated September 10,
2004, and have determined it to be legally sufficient and ìn proper legal form. A copy of the
agreement ìs attached.
Please feel free to call me if you have any questìons or wish to discuss this matter further.
WMM/nlb
Enclosure
cc: Kathleen Hassen
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TO (COVENANTS AND CONDITIONS)
CITY OF VIRGINIA BEACH,
a municipal corporation of
the Commonwealth of Virginia
THIS PROFFER AGREEMENT, made this 10th day of September, 2004 by and
between H & A ENTERPRISES, LLC., (owner in fee simple), Grantor, and CITY OF
VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee;
WITNESSETH THAT:
WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map
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of the City of Virginia Beach, Virginia, by petition of the Grantor addressed to the Grantee,
so as to rezone Grantor's property, from R-75 to B-2 Conditional on certain property
located in the Bayside District, in the City of Virginia Beach, Virginia; said property being
more particularly described in the attached Exhibit A; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of
land, for various purposes, including industrial purposes, through zoning and other land
development legislation; and
WHEREAS, the Grantor acknowledges that in order to recognize the effects of
change, and the need for various types of uses, including a specific conditional purpose
for the development of the property with strictly limited uses rather than the existing uses
Prepared by:
STALLINGS & BISCHOFF, P.C.
2101 Parks Avenue, Suite 801
Virginia Beach, VA 23451
(757) 422-4700
GPIN 14793311110000 (Lot 2)
GPIN 14793301850000 (Lot 1)
GPIN 14793302900000 (Smokey Lane)
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allowed by the existing B-2 zoning, certain reasonable conditions governing the use of the
Property for the protection of the community that are not generally applicable to land in the
B-2 zoning classification are needed to cope with the situation to which the Grantor's
proposed development gives rise; and
WHEREAS, the Grantor has voluntarily proffered in writing, in advance of and
prior to the public hearing before the Grantee, as a part of the proposed amendment to the
Zoning Map, in addition to the regulations provided for in the B-2 Zoning District or zone
by the existing overall City Zoning Ordinance, the following reasonable conditions related
to the physical development and operation of the property to be adopted as a part of said
amendment to the new Zoning Map relative to the property described above, which have
a reasonable relation to the rezoning and the need for which is generated by the rezoning
and proposed development; and
WHEREAS, said conditions having been proffered by the Grantor and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, such
conditions shall continue in full force and effect until a subsequent amendment changes
the zoning on the property covered by such conditions; provided, however, that such
conditions shall continue despite a subsequent amendment if the subsequent amendment
is part of a comprehensive implementation of a new or substantially revised zoning
ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied
by written instrument recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, and executed by the record owner of the subject property at the
time of recordation fo such instrument; provided, further, that said instrument is consented
to by the Grantee in writing, as evidenced by a certified copy of an ordinance or a
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resolution adopted by the governing body of the Grantee, after a public hearing before the
Grantee advertised pursuantto the provisions of Code of Virginia Section 15.2-2204, which
said ordinance or resolution shall be recorded along with said instrument as conclusive
evidence of such consent;
NOW, THEREFORE, the Grantor, for himself, his successors, personal
representatives, assigns, grantees, and other successors in title or interest, voluntarily and
without any requirement by or exaction from the Grantee or its governing body and without
any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit,
or subdivision approval, hereby makes the following declaration of conditions and
restrictions as to the physical development and operation of the subject property and
governing the use thereof and hereby covenants and agrees that this declaration shall
constitute covenants running with the said property, which shall be binding upon the
Property and upon all parties and persons claiming under or through the Grantor, their
successors, personal representatives, assigns, grantees, and other successors in interest
or title, namely:
The following shall be substantially adhered to, however, further conditions may be
required by the Grantee during detailed site plan review and administration of applicable
City codes by all cognizant City agencies and departments, including the City Arborist, to
meeting all applicable City Code requirements;
1. Development on the site will conform to the preliminary site plan of additional
parking for "Autoland" located in remainder of Lots 1 & 2, map of Bayshore (C.H. Fentress
Property) prepared by TES Inc. dated September 23, 2002, and no structures shall be
constructed on the property, rather said property shall be used as a display area for the
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sale of automobiles;
2. The Grantor shall not construct any additional curb cuts on Independence
Boulevard and eliminate the Smokey Lane curb cut.
3. The Grantor shall not construct any public address system on said parcel.
4. The Grantor shall construct all lighting to reflect to the interior of the parcel.
5. It is recognized that further conditions may be required during the application of
City ordinances and that there will be detailed site plan review to meet all applicable City
codes, and that further conditions may, be required during the administration of applicable
City ordinances.
6. All references hereinabove to requirements and regulations applicable thereto
refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the
date of City Council action approving the amendment sought by the Grantor, which is by
this reference incorporated herein.
7. The Grantor covenants and agrees that (1) the Zoning Administrator of the City
of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the
governing body of the City of Virginia Beach, to administer and enforce the foregoing
conditions, including (i) the ordering in writing ofthe remedying of any noncompliance with
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such conditions, and (ii) the bringing of legal action or suit to insure compliance with such
conditions, including mandatory or prohibitory injunction, abatement, damages or other
appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute
cause to deny the issuance of any of the required building or occupancy permits as may
be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant
to the provisions, the Grantor shall petition to the governing body for the review thereof
prior to instituting proceedings in court; and (4) the Zoning Map may show by an
appropriate symbol on the map the existence of conditions attaching to the zoning of the
subject property on the map and that the ordinance and the conditions may be made
readily available and accessible for public inspection in the office of the Zoning
Administrator and in the Planning Department and that they shall be recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names
of the Grantor and Grantee.
Witness the following signature and seal.
H & A ENTERPRISES, LLC.
By:
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COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, TO-WIT:
I, the undersigned Notary Public in and for the Commonwealth of Virginia at Large,
do hereby certify that H & A ENTERPRISES, LLC, by HAMID ABDOLAHZADEH, Manager
and Sole Member, whose name is signed to the foregoing instrument, bearing date on the
10th day of September, 2004, has acknowledged the same before me in the jurisdiction
aforesaid and who is personally known to me or has produced a ~L .
as identification.
Given under my hand this ~ay of ~, 2004.
My commission expires: -1.J~ 8'
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EXHIBIT A
ALL THAT certain tract, piece or parcel of land, approximately 16 feet wide and 175 feet
in length commonly known as "Smokey Lane", with the buildings and improvements thereon and
the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach,
Virginia and more particularly bounded and described as follows:
BEGINNING at a pin being the southernmost point of Parcel A and adj acent to Independence
Boulevard as shown on the plat entitled "Subdivision of Five Parts, Inc., Bayside Borough, Virginia
Beach, Virginia" dated June 16, 1968 and recorded in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia, in Map Book 76 Page 21, thence North 53° 32' 17" East
approximately 175.0 feet to a pin which is the easternmost point in Parcel A, thence South 43° 32'
22" East approximately 16 feet to the Eastern side of the 16 foot lane as shown on the plat, thence
South 53° 32' 17" West approximately 175.0 feet to a pin at the right of way for Independence
Boulevard, thence Northwest approximately 16 feet along Independence Boulevard to the point of
beginning.
GPIN NO. 14793302900000
ALL THOSE certain lots, pieces or parcels of land, situate, lying and being in the City of
Vìrginia Beach, Virginia, being known, numbered and designated as Lots One (1) and Two (2), in
Block One (1), as shown on the plat entìt1ed "Map of Bay Shore Property ofC. H. Fentress", and
recorded ìn the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map
Book 6 at Page 264.
LESS, SAVE AND EXCEPT that portion of the above property taken by the City of Virginia
Beach, Virginia for the construction, maintenance and widening of Independence Boulevard, as
shown on that certain plat recorded in the aforesaid Clerk's Office in Hisiliway Plat Map Book 4,
Page 10.
GPIN 14793301850000 (Lot 1)
GPIN 14793311110000 (Lot 2)
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K.
APPOINTMENTS
BIKEWAYS and TRAILS ADVISORY COMMITTEE
BOARD OF BUILDING CODE APPEALS - Maìntenance Dìvisìon
New Constructìon Dìvìsìon
COMMUNITY POLICY AND MANAGEMENT TEAM - CSA -AT RISK
COMMUNITY SERVICES BOARD
FRANCIS LAND HOUSE BOARD OF GOVERNORS
HEALTH SERVICES ADVISORY BOARD
HISTORICAL REVIEW BOARD
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE
MINORITY BUSINESS COUNCIL
PARKS and RECREATION COMMISSION
TOWING ADVISORY BOARD
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L. UNFINISHED BUSINESS
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M. NEW BUSINESS
N. ADJOURNAMENT