3. A Certificate of Occupancy shall be obtained prior to operation of the Craft Brewery.

Transcription

1 Item #1 Thomas Wilder Conditional Use Permit 2505 Horse Pasture Road, Suite 102, 103, & 104 District 3 Rose Hall August 10, 2016 CONSENT An application of Thomas Wilder for a Conditional Use Permit (Craft Brewery) on property located at 2505 Horse Pasture Road, Suite 102, 103 & 104, District 3 Rose Hall. GPIN: CONDITIONS 1. With the exception of any modifications required by any of these conditions, the site shall be developed and maintained in conformance with the submitted site layout. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. The occupancy load for the Craft Brewery shall be established by the City of Virginia Beach Building Official s Office. 3. A Certificate of Occupancy shall be obtained prior to operation of the Craft Brewery. 4. Any conditions associated with the license issued by the Virginia Alcoholic Beverage Control Board shall be incorporated as conditions with this Conditional Use Permit. 5. There shall be no sale or consumption of alcoholic beverages on the premises between midnight and 10:00 a.m. 6. Live music may be performed only inside the establishment and all doors and windows shall remain closed during such performances, except during the actual ingress and egress of patrons and employees. 7. No food trucks shall be permitted to operate on the premises unless a separate Conditional Use Permit for Open-Air Market is obtained. 8. The outdoor seating area shall not be enclosed by either a solid or chain-link fence. 9. All signage onsite shall meet the requirements of the City Zoning Ordinance. There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. A separate sign permit from the Planning Department shall be required for the installation of any signage. 10. Prior to the removal or conversion of any required interior parking lot landscaping for the purpose of creating an outdoor seating area, a representative of the Craft Brewery shall submit a plan to the

2 Item #1 Thomas Wilder Page 2 Development Services Center demonstrating interior planting requirements are met and shall obtain written approval from Development Services Center Landscape Architect. 11. A complete plumbing fixture count, by type, and the proposed additional process water demand shall be submitted to the Department of Public Utilities to ensure that the existing water meter is capable of meeting an increased peak water demand. 12. Auxiliary function retail sales in association with the brewery shall not exceed ten (10) percent of the gross building area of the space occupied by the brewery. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item NAY 0 ABS 0 ABSENT 0 HODGSON HORSLEY INMAN KWASNY OLIVER REDMOND RIPLEY RUCINSKI THORNTON WALL WEINER By a vote of 11-0, the Commission approve item 1 for consent. Neil McCanon appeared before the Commission on behalf of the applicant.

3 Item #2 & 3 David M. Reda Street Closure District 4 Bayside August 10, 2016 CONSENT An application for discontinuance, closure and abandonment of Road No. 4 and a discontinuance, closure and abandonment of a portion of a 20-foot private road adjacent to 1275 Baker Road, District 4, Bayside. GPIN: CONDITIONS 1. The City Attorney s Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the Policy Regarding Purchase of City s Interest in Streets Pursuant to Street Closures, approved by City Council. Because the areas proposed for closure were severed from the main portion of the subject roads by a lake over 50 years ago, the public benefit, if any, in the areas proposed for closure is minimal. This street closure is a formality to clear up a title issue, which could be an impediment to the redevelopment of the property. Therefore, it is not recommended that a purchase price be charged for this closure. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area of Road Number 4 and the 20-foot Private Road into the adjoining parcels that the right-of-way would have provided direct access to. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way, this approval shall be considered null and void. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 2 & NAY 0 ABS 0 ABSENT 0 HODGSON HORSLEY INMAN KWASNY OLIVER REDMOND

4 Item #2 & 3 David M. Reda Page 2 RIPLEY RUCINSKI THORNTON WALL WEINER By a vote of 11-0, the Commission approved item 2 & 3 for consent. Les Watson appeared before the Commission on behalf of the applicant.

5 Item #4 Manousos Enterprises, Inc. Subdivision Variance 1337 Ferry Point Road District 2 Kempsville August 10, 2016 DEFERRED An application of Manousos Enterprises, Inc. for a Subdivision Variance (Section 4.4(b) of the Subdivision Ordinance on property located at 1337 Ferry Point Road, District 2, Kempsville. GPIN: A motion was made by Commissioner Thornton and seconded by Commissioner Rucinski to defer item NAY 0 ABS 0 ABSENT 0 HODGSON HORSLEY INMAN KWASNY OLIVER REDMOND RIPLEY RUCINSKI THORNTON WALL WEINER By a vote of 11-0, the Commission deferred item. The applicant Dimitrios Manousos appeared before for the Commission requesting a deferral.

6 Item #5 Bryana Guckin Conditional Use Permit 1225 Orkney Drive District 2 Kempsville August 10, 2016 CONSENT An application of Bryana Guckin for a Conditional Use Permit (Home Occupation Internet Sales) on property located at 1225 Orkney Drive, District 2, Kempsville. GPIN: CONDITIONS 1. Per Section 234 of the City Zoning Ordinance, there shall be no more than one (1) sign identifying the home occupation. Said sign shall be no more than one (1) square foot in area, shall not be internally illuminated, and shall be mounted flat against the wall of the residence. 2. Per Section 234 of the City Zoning Ordinance, no more than 20 percent of the floor area of the dwelling unit and any accessory structures shall be used for storage of the inventory or in the conduction of the business. 3. The use shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 4. Deliveries and shipments related to the home occupation shall be limited to only those that do not require the use of a tractor-trailer. 5. The home occupation shall be conducted on the premises, which is the bona fide residence of the applicant. 6. There shall be no sales to the general public of products or merchandise from the home. 7. No more than one person other than a member of the immediate family occupying the home shall be employed and working out of the home. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item NAY 0 ABS 0 ABSENT 0 HODGSON HORSLEY INMAN

7 Item #5 Bryana Guckin Page 2 KWASNY OLIVER REDMOND RIPLEY RUCINSKI THORNTON WALL WEINER By a vote of 11-0, the Commission approved item 5 for consent. The applicant Bryana Guckin appeared before the Commission.

8 Item #6 Walmart Stores, Inc. #3216 Conditional Use Permit Bulk Storage Yard 1149 & 1169 Nimmo Parkway District 7 Princess Anne August 10, 2016 REGULAR Jeff Hodgson: Now, I will ask the Secretary to please call, I think we have six items to hear, if you would please call the first item? Jan Rucinski: Sure. The first item is item 6, Walmart Stores, Inc. #3216. It s an application for a Conditional Use Permit (bulk storage yard) on property located at 1149 & 1169 Nimmo Parkway, District 7, Princess Anne. Would a representative please come forward? Melissa Conway: Hello, how are you? Jeff Hodgson: Good afternoon. Jan Rucinski: Please make sure you state your name for the record. Melissa Conway: Yes. I m Melissa Conway. I m the store manager at Nimmo Parkway Walmart. Jan Rucinski: Can you explain your application? Melissa Conway: I can. So, during the holidays, we receive an over anabundance of merchandise and our backrooms in our facility aren t large enough to house all the merchandise that we receive for events like the Thanksgiving Day sales, the day after Thanksgiving, to held merchandise that they send out to build up for the holidays. And so, what we are asking is that we utilize the bulk storage containers to store that merchandise and we re asking for it to be temporary, September through January, and then the storage containers are picked up from the people that we rent them from. Jeff Hodgson: Does anyone have any questions for Ms. Conway? Mr. Redmond. Dave Redmond: How big is that store? Melissa Conway: 202,000 square feet. Bob Thornton: Just this one question. Is this the first time you ve used this method of storing? Melissa Conway: It is not. So, I have been at this facility for almost five years, and we ve always used the storage containers. This is just the first year that it has been a problem for us to use the storage containers. We re not really sure why because they are temporary. We have them dropped off. We maintain them. We don't block any easements, so this is the first year where it has been a problem. We

9 Item #6 Walmart Stores, Inc. #3216 Page 2 were cited last year which has caused us to have to. We didn t know we had to fill out the application and go through the process of filing for it to be taken care of. Bob Thornton: So, they are there for what three or four months? Melissa Conway: For four months, September, October, and November. Normally in December they are picked up at the end of December, the beginning of January. Jeff Hodgson: How many containers will you have? Melissa Conway: I will have 20 containers. Jeff Hodgson: Is that noted. Melissa Conway: I don t think it was noted. It was not noted under the report. There are 20 storage containers and they are 40-feet long so when they are placed back there, they are placed back to back, so that it makes one nice little square shape, so that we only take up that small portion of the property. Jeff Hodgson: That is quite a bit of square footage if you took, what are they 8-foot wide by 40-foot long? That is 320 square feet times 20. Melissa Conway: If you look at the suggested location on there and on the application, both that designated location that is on there, that was actually in the contract when the shopping center was built, and for us to be able to use that for storage container. If you look also off to the side of that metal thing that is on here, there is actually another enclosure that we have that houses all of our palletes and stuff that we don t use, and so; it sounds like a lot but, I promise there is a ton of room out there. We have the entire shopping center that is connected to us. The back of that is where Dollar Tree and Kay s Jewelers and Verizon, they also have parking and stuff that is over there, and they have their dumpsters and stuff off to the side. There really is a lot of space over there. Jeff Hodgson: Ms. Oliver. Dee Oliver: How many years have you operated with containers on site? Melissa Conway: I ve been at that facility for almost five years, and it has happened every year. Dee Oliver: So, you have it all the time? Jeff Hodgson: Have you always had 20? Melissa Conway: Sometimes it is less. It may be less this year as well. We re given a quota from our home office on what we re allowed to have back there as far as what they will allow us to have for storage purposes. Last year I actually had a total of 26 and I think this year they cut that back to 20. Jeff Hodgson: Ms. Rucinski.

10 Item #6 Walmart Stores, Inc. #3216 Page 3 Jan Rucinski: Would you be opposed to the conditions being changed? It doesn t say anything in the conditions that about how many there will be. It doesn t give that kind of detail in the conditions. Melissa Conway: No, I m not opposed to that. The only question that I would have is so if would we change that to have fewer storage containers? Or would that be something. Would I have to put that in there as far as how many I would need and you guys would have to approve that? Jeff Hodgson: You just mentioned 20. Melissa Conway: Right. 20, is what I need. Jeff Hodgson: Mr. Horsley. Don Horsley: Now what we would do is that you can have up to that number if we decided to go that route, and we put a time limit on it what would have to be. In other words, we don t want you storing containers there all the time. Melissa Conway: Our Company doesn t want us to do that either. Don Horsley: It appears to me that it is an executive business decision of Walmart that it has to make. This is an ongoing thing every year, and you would think they would approach to enlarging their warehouse facilities there in some manner. Melissa Conway: It is tough because in my particular situation, I am connected to Red Mill Shopping Center. The only property that I actually own is what is directly around the perimeter of my building. Because we have even talked about doing some type of some expansion of that but I don t own the property to be able to do that. Don Horsley: I don t know about the rest of the Commission but I m not a big fan of putting storage containers along times on retail properties. I don t think it is a good policy. We are very particular about when we add storage containers at a church, and we ask for it to be well screened, and I think Mr. Ripley brought it up this morning, he was very particular about that, and we put time limits on them. If it is going to be an ongoing thing, it looks like the business has outgrown itself and it needs to find a space to put containers. Maybe they can find a space by enlarging the warehouse space. I guess I can go along with it for a period of time as long as it is, and I noticed that it did say, but you didn t state numbers. Melissa Conway: It is temporary. If you look at the amount of volume that my particular location will do just through those couple of months, in order for us to meet the supply and demand and to be able to take care of the customers. Some of our product takes two weeks to get from an outside warehouse to our warehouse and then they send it to us. So it is a process and so we come to look at it we want to have the merchandise right there on the property so that after selling, we can bring it in, we can take care of the customers. If you look at when we have the Thanksgiving Day sale, and the day after, they send us hundreds of pallets that we break down and we merchandise the product to the customers to be able to sell. Bu unfortunately, we just don t have the storage space to place all of that merchandise in our back room, and that is what we used the trailers for. We want to be able to take care of our

11 Item #6 Walmart Stores, Inc. #3216 Page 4 customers at the end of the day, and not have them to wait for the product that we re advertising in the paper that we have. What it boils down to is it is all about taking care of them. That is what the merchandise if for. Jeff Hodgson: Dr. Kwasny. Karen Kwasny: You mentioned that you ve done this previously. Right? And for some reason you weren t cited. You didn t receive any kind of citation. Melissa Conway: We did not receive any kind of citation. Karen Kwasny: I m curious as to why and I m not sure who to ask this question of but I am curious as what would have precipitated you being called out at this particular juncture. So, there was a lesser impact of storage containers. Melissa Conway: I can answer that. There was the Town Center location that initially received the first citing because they had trailers out in the parking lot. It was visible to the customers so Town Center was cited, then every Walmart in Virginia Beach was cited within a very short window after that. Jeff Hodgson: Mr. Inman Mike Inman: Are you aware of the areas described upon that drawing? Is that where? Melissa Conway: That is. If you look at the drawings, obviously on the larger building and the red is directly behind my building. So where it says bulk storage proposed bulk storage containers. That is behind all of the Dollar Tree, the Kay s Jewelers, Verizon, and that property is technically is owned by, I think, Lake Gem, L.L.C. Mike Inman: So you have an agreement with them? Melissa Conway: We do. Mike Inman: So, the list of conditions says that the number of storage units will be limited to what can be accommodated in the designated area. We re talking about limiting it to 20 that will be in that particular area. Is that what your understanding and agreement is? Melissa Conway: Yes sir. Ronald Ripley: Do you have to get any kind of approval from the fire department as far as the way trucks get around, as far as where you place these containers? I would think that could be an issue if a fire was to occur. Melissa Conway: We haven t. And in previous years, we had them running along the back in the red and there are a bunch of fire hydrants that run along the back of there between us and Home Depot. And we had actually blocked the fire hydrants and that was when we were cited and even at that point, we were just told, clean the trailers. You have to have so many feet around the fire hydrant to be

12 Item #6 Walmart Stores, Inc. #3216 Page 5 acceptable. We have never even placed trailers back over in that area afterwards. Then in the recommended conditions it says, that I would have to provide, basically just a layout for the Fire Prevention Bureau showing the locations of the storage containers for them to review and approve. Jeff Hodgson: Dr. Karen Karen Kwasny: I would back up something Don and David had mentioned. It seems to me to be, not to push on the consensus, it seems to me to be a bit of a matter of inventory control, and so, there is an issue with inventory management in the sense, and the exterior element of the displays is then going to be negatively impacted, what I see is in a fairly significant way. Twenty seems rather gratuitous to me, so my thinking is more along the lines of 10, might be more manageable. Those are large containers and putting as many as you can on that site. You re right, there is a lot of room there. I drive through that park my car somewhere, and nobody will get near it, at least once a week that is where I park, so I know exactly where you re talking about. I get the sense of perhaps that over time, there are more and more units appearing on these sites, and eventually you got cited, not just because Town Center was visible, but because more and more of those units were being used. You did say that. Over time you had to add units to that and it seems to me there needs to be some significant controls put on how many of those, how long? Because we re not fans of them, we don t want to set a precedent of that kind of inventory management throughout the City on other sites. I think that is paramount. Melissa Conway: And I hear you on that. So we ve done a lot of things as a company within that facility to eliminate inventory. Year after year, we will revisit the amount of trailers that we will have. So this year, we reduced by 6. I am sure that by next year, it will probably be reduced as well. There are things we can do to control our inventory. But I promise you we re good neighbors. We clean up behind our building. We have people that are specifically abided to that. We have a management company that comes out seven days a week to service my facility. They clean around back. They pick up any debris. Again, it seems accepted. A tractor trailer will hold 24 pallets of merchandise and so, for an event like Thanksgiving or anything leading up to Christmas, we ll get three trailers, double stacked of pallets that have to be worked and down stacked, and separated, so that we can get the merchandise ready for the customers to shop. Unfortunately the trailers that we drop off, we can t double stack merchandise in there because it is not tall enough to get a double stacked pallet in there. We can only hold 24 pallets in a trailer. So, I get it is excessive, but it will go down. It will go down. Jeff Hodgson: Mr. Redmond. Dave Redmond: It is not actually unusual that people are unaware that they need a Conditional Use Permit or some other sort of entitlement for this particular piece. So, guessing at that part, I m a little bit surprised of Walmart would have had the foresight to know they would need these as a part of inventory management at stores. To have the foresight to have included them in their agreement with the landlord and not have the foresight to have investigated the public entitlement that might have been necessary to make that happen. It seems to me some sort of incomplete foresight but I suppose that is where we are. I am a little more comfortable frankly, as you ve gone through this and maybe because of the limited nature of containers going on for four months. I had one issue this morning in our discussion and I will draw you attention to page 11 of the application. This is the part of the application that an applicant discloses certain relationships, architects, engineers, real estate people, lawyers, a couple of other things that are down there. And it is all checked yes, but the answers to each

13 Item #6 Walmart Stores, Inc. #3216 Page 6 one is, well we can t disclose every entity, which we do business because we re such a big company. We re not really asking that. We re asking about this particular site, so the application in this sense, in my view anyway, is complete. It matters because we look at these things to figure out whether or not we might have some conflict of interest. Melissa Conway: Right. I was made aware of that as we were coming in, and I made a phone call because. I don t deal with any of those things directly at my location, all of that is done through home office and so, for me to tell you about accounting and preparing my taxes, I have no idea. Dave Redmond: I understand, and in fact, I am told that you probably got some conflicting information of what would have been necessary to provide. I myself, however, ever think that is very important because that is how we can judge whether or not we can discuss a paid or vote on this, so I think it is very important that if they checked out yes to everything and said we are a big company, we can t possible go through all of that. That to me is not an adequate response for public disclosures which then enables us to become a potential conflict of interests. I would like to see these filled out more specifically. I don t think it is going to require a lot of work. Somebody is going to actually do it if you were told otherwise. I think that was a mistake, but I do think that is important. I think we view this as being important going forward. Melissa Conway: I made a phone call before I came up here to try and get that information for you guys. David Redmond: Thank you. Melissa Conway: Okay. Jeff Hodgson: Is there anybody else? Mr. Horsley. Don Horsley: Kevin wants to say something. Kevin Kemp: I just want to expand a little on Commissioner Redmond s first comment on doing due diligence. The zoning history as to the staff report is not entirely clear. IN 2003, they were approved for a Conditional Use Permit for bulk storage, included in that Use Permit request was trailers, how they had it set up along that rear property line in front of the fire hydrants. That portion of that application was denied by City Council. So, they had applied for this bulk storage, that portion was denied. They were approved for bulk storage in other areas on the site for pallets. So, that wasn t entirely clear in the zoning history and I just wanted to clear that up. Jeff Hodgson: Is there anybody else? Bob Thornton: I got a quick question. What goes in these trailer pallets or do you actually put the product in these 20 trailers? Melissa Conway: It all depends what it is. With, like plastic containers, the red and green plastic that you guys see in Walmart after the holidays, that stuff we re comfortable down stacking in the trailer because you can fit more, but to protect the product, we always try to leave it on a pallet. We shrink wrap it so it is stable, so there isn t any safety hazards as well.

14 Item #6 Walmart Stores, Inc. #3216 Page 7 Bob Thornton: So this is shipping material more than product? Melissa Conway: Oh no. It is product. So, the product comes in boxes and normally what we ll do is we ll stack the boxes stable on pallets, separate it by either by department product or whatever it is, then we shrink wrap it and we put it in the trailer unit until it is needed. Bob Thornton: Okay. Jeff Hodgson: Mr. Horsley. Don Horsley: I just got one question. You said that you keep referring to them as trailers. Are they actually trailers or just the containers? Melissa Conway: It is just a container. We ve always called them trailers. Yeah. Jeff Hodgson: Anyone else. Mr. Redmond. Dave Redmond: I sorry to be beating a dead horse. So, they were denied for their Conditional Use Permit and you said in 2003? Kevin Kemp: In 2003, they applied for a Conditional Use Permit. They were approved for bulk storage of pallets, recyclable cardboard materials in certain areas on the site. Included in that request were to have those storage containers along that property line. The portion was of the Conditional Use Permit was denied and taken out as Council approval. Dave Redmond: But they ended up there what it sounds like to me. Melissa Conway: They do. So, I wasn t around in 2003, so; I have no idea, but two years ago is when we had placed those there, and that is when we were cited by the Fire Marshal. He came out and we moved the trailers. I have no idea about Jeff Hodgson: Is there anybody else? Thank you very much. Melissa Conway: Alright. Thank you. Jan Rucinski: There are no other speakers on that application. Jeff Hodgson: Alright. We will close the public hearing and open it up for discussion. Mr. Ripley. Ron Ripley: It seems to me that where I feel if we restrict the usage between September 1 in the case of her, I think that is what I heard, and limit the number of containers. Because everything else in here has talked about approval by the Planning Department, where the location and those types of things, it seems to me that would be the plan. Jan Rucinski: I would agree.

15 Item #6 Walmart Stores, Inc. #3216 Page 8 Mike Inman: I think if we could add those to the end of number two of the second condition, maximum of 20 containers from September 1 to December. Jeff Hodgson: My thought on that, I think we need to get maybe a week past the end of December. From December to January 1, is a lot more. I think we need to be realistic and say. We could leave it at that day, but there is a lot happening. Mike Inman: I could support that motion but I just think it needs to be clear because we re now talking now about the first of three applications and the location of the containers that is proposed and required in this application is fairly sheltered or screened by buildings and its commercial area. And not typically close to a main thoroughfare or any thoroughfare, and that makes an influence on me as to whether I vote in favor of this application versus perhaps subsequent. Jeff Hodgson: Ms. Oliver. Dee Oliver: My bit was the fact that I think that what signaled everybody was that you could see it at Town Center. And that is what started this whole process and that it wasn t properly screened, and then the other conditions of the application, they are not agreeable to screening them, so, I think that when we start looking at these, each one is going to be different. Jeff Hodgson: Mr. Redmond. Dave Redmond: I agree with that but I am also curious not to put them on the spot when Mr. Horsley is comfortable with that and I m comfortable with that. I m comfortable also with the explanation, listen if you don t know who you are working with, it is hard for us to be conflicted, and I don t know who you are working with, if you re working with anybody locally. I also know that if you were given some questionable information, it is hard to hold that against somebody. I would just say that regarding these disclosures, I think it is important with going forward, I would love to see the applicant do that but I m comfortable with that. I like to limit the time frame. I like being very specific about where it is, and how it is screened but Jeff Hodgson: What about the term also? We were saying from the end of Labor Day to January 15. What about a five year limit on this or do we want to leave this open ended? Dave Redmond: Not to be the skunk of the garden party, but I kind of think that may be too long. Jeff Hodgson: Yeah. Dave Redmond: My view it should be tighter than that, and maybe it goes on for some time but this young lady, whose name I forgot already. Jeff Hodgson: Ms. Conway. Dave Redmond: I apologize. Indicated that they were working on reducing the numbers of these things, so I think probably you getting to look at this at some level, perhaps annually, would make some sense,

16 Item #6 Walmart Stores, Inc. #3216 Page 9 and, I m discomforted frankly by the Town Center s experience as well. Why wouldn t you figure that would be a problem? Five years is too much. I want to know what he thinks. Don Horsley: I remember when this Walmart was built and it wasn t long after it was built, we had to come and approve a bulk storage so they could take up part of the parking lot outside to put plants, and mulch, and these types of things. So, we have ordinances that say that certain amount of parking is required when you build shopping centers and retail establishments. And they come in and they take up and use part of the parking for other things. Now we come back and now we got to have bulk storage or something else and we re going to put it in the back and some containers in the back that is not alright for the general public. That is alright on the farm. I guess you can hide it behind the barn and things like that, but it is not the best looking things for the general public to see so, I m not really happy about having to do that, but I understand business have to operate and they have grown a lot and so, I m in favor of the short term, but who is to say that in two years they may say our season is going to change. We need to have storage containers for the spring season too in order to keep things but then you need to bring this back. So, I would stick to what Ron has said. September through what with what you came up with, January 15, we get them out of there for a two year time, and then I think that is something we re going to have to look at as a Planning Department and Commission to know. We are going to get more and more of these requests coming in once this has gone public, that you can do that. The other retailer stores are going to come in and we want to put two containers behind our building too, so we have more storage, but there has to be a better answer than that. But, I think outfits as big as Walmart can come up with these better answers and if not, we can give them some suggestions, I think. So, I would go along with that at this time. But, I would put a two year time frame on it to come back and visit it then and see how these numbers are still good, and if they need more than 20 or if they have gotten less than 20 that could accommodate some of these stores, because I just think it is a problem that we are going to see more and more throughout the City with other establishments. Jeff Hodgson: Would anybody like to make a motion with revised conditions? Mike Inman: I ll make a motion. I move that we approve the application with the conditions as stated in the staff report with the addition of the conditions that there will be a maximum of 20 containers. They will be there between September 15 and January 15 and it will be for a two year period. Jeff Hodgson: A motion made by Commissioner Inman with revised conditions. Is there a second? Karen Kwasny: I ll second it. Jeff Hodgson: A second by Dr. Kwasny. Mr. Weeden. 11 NAY 0 ABS 0 ABSENT 0 HODGSON HORSLEY INMAN KWASNY OLIVER REDMOND

17 Item #6 Walmart Stores, Inc. #3216 Page 10 RIPLEY RUCINSKI THORNTON WALL WEINER Ed Weeden: By a vote of 11-0, the Commission has approved the application of Walmart Stores, Inc. #3216 with the conditions as stated with the additional conditions for a maximum of 20 containers, from the time from September 15 to January 15 with a two year time period. Jeff Hodgson: Alright. Thank you Ms. Conway. Would you please call the next agenda item?

18 Item #7 Jennifer G. Harris Conditional Use Permit 2397 Liberty Way, Suite 101 District 7 Princess Anne August 10, 2016 CONSENT An application of Jennifer G. Harris for a Conditional Use Permit (Specialty Shop) on property located at 2397 Liberty Way, Suite 101, District 7, Princess Anne. GPIN: A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item NAY 0 ABS 0 ABSENT 0 HODGSON HORSLEY INMAN KWASNY OLIVER REDMOND RIPLEY RUCINSKI THORNTON WALL WEINER By a vote of 11-0, the Commission approved item 7 for consent. The applicant Jennifer Harris appeared before the Commission.

19 Item #8 Shore Ventures Associates, L.L.C. Subdivision Variance 457 Kirkwood Lane District 5 Lynnhaven August 10, 2016 CONSENT An application of Shore Ventures Associates, L.L.C. for a Subdivision Variance to Section 4.4(b) of the Subdivision Regulations on property located at 457 Kirkwood Lane, District 5, Lynnhaven. GPIN: CONDITIONS 1. When subdivided, the property shall be subdivided as shown on the submitted preliminary plat entitled SUBDIVISION OF PARCELS E & F AS SHOWN ON SUBDIVISION OF THALIA MANOR M.B. 41 PG. 56, M.B. 52 PG. 32, dated March 15, 2016, and prepared by Gaddy Engineering Services, LLC, a copy of which has been exhibited to the Virginia Beach City Council and a copy of which is on file with the Virginia Beach Planning Department. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 8. 9 NAY 0 ABS 2 ABSENT 0 HODGSON HORSLEY INMAN KWASNY OLIVER REDMOND RIPLEY RUCINSKI THORNTON WALL WEINER ABS ABS By a vote of 9-0-2, with the abstentions so noted, the Commission approved item 8 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant.

20 Item #9 Walmart #2529 Conditional Use Permit Bulk Storage Yard 2021 Lynnhaven Parkway District 3 Rose Hall August 10, 2016 REGULAR Jeff Hodgson: Please call the next agenda item. Jan Rucinski: The next item on our agenda is item 9, Walmart #2529 for a Conditional Use Permit (Bulk Storage) on property located at 2021 Lynnhaven Parkway, District 3, Rose Hall. Will a representative come forward please? Marty Reighard: Hi. Good afternoon. Jan Rucinski: State your name for the record. Marty Reighard: Marty Reighard. Jan Rucinski: Can you explain your application to us? Marty Reighard: The same thing. Seasonable merchandise, limited time period, bulk storage. Jan Rucinski: Are you agreeable with the conditions we added to the first one? Marty Reighard: I am. Jeff Hodgson: Ms. Oliver. Dee Oliver: How many containers do you all normally need? Marty Reighard: Last year I had 31. This year I have approval for 20. Dee Oliver: This year you have approval for 20? From? Marty Reighard: Walmart. Dee Oliver: They tell you how many containers to have. Marty Reighard: It is a financial effect to our business as well as dealing with retaining these things. Dee Oliver: And can you tell us where yours are located?

21 Item #9 Walmart #2529 Page 2 Marty Reighard: Yes. Jeff Hodgson: there is a pointer right there you can use. Marty Reighard: So mostly right here, mostly right around this corner. And then along this wall, right through here, and you and can see there is one there now. It will ending up coming around this curb. Dee Oliver: So, on the other side of that one that we see right now, are houses. Marty Reighard: These won t be here any longer. Yeah. Those are houses over here. These are an apartment complex. Dee Oliver: Where do you put 30 of them? Marty Reighard: I had 30 last year. If you go back to where we were just were. Okay. Right here, I can go all along here, and then all along there. And then you can get two back to back, two back to back, two back to back all the way down. I will put them here this year or along that curb right there. Bob Thornton: So, they will be right up against your building. Marty Reighard: Yeah. They will be stationed between Dee Oliver: Houses across the water. Marty Reighard: They re wooded. You can t see them from the back of the property. There is a retention pond between. Jeff Hodgson: You can t tell how high that tree line is right there. Bob Thornton: So, you don t really have any place to put them except up against the back of your building and off to the side where those two are. Marty Reighard: Yes. I will be able to go all along that curb. This is the other side. On the other side of this wooded lot is Princess Anne, and I can put them along that one as well. Bob Thornton: But you are limited. IF we choose to limit you to 20 and it sounds like your corporation has put 20 in your budget, could you put all of those 20 along the back of that building? Marty Reighard: I could. Bob Thornton: okay. Marty Reighard: It is not 20 every month. We just don t drop 20 and say we need 20, at least for me. I may need 8 in September, in October, then you get ready for that event day, that is when you need 20, and then I may need 18 up to Christmas.

22 Item #9 Walmart #2529 Page 3 Bob Thornton: Yours is the same four months as the previous application. Marty Reighard: Yes sir. Yeah. Jeff Hodgson: Mr. Horsley. Don Horsley: So the numbers do vary from time to time. You don t put all of them in there and they don t stay until then. Marty Reighard: The thing is financial. We put some inventory work into place last August and we re reducing inventories in buildings, in my particular case, I m down a million dollars in inventory over where I was last year. So, we re getting there. Over the years, we re going to get there. This year is going to be about three or four million dollars worth of merchandise, and it is mostly between November and Christmas Day, so the issue is in getting them all picked up, and I appreciate the January timeframe so that the hauler won t have to be picking them up all at one time. Don Horsley: You would be comfortable with the recommendation of the maximum of 20? The dates are from September to January and for two years. Marty Reighard: Yes. We would revisit in two years and try to have a plan to reduce. Yes, absolutely. Jeff Hodgson: Mr. Wall. Jack Wall: One thing that I noticed that there is an area that is closer to the apartments to Atwater Arch than the other is. It may not be visible but there is a noise level from slamming those doors. I open and close those things and you really need to put some force sometimes to get them shut. Is that an area that can possibly be precluded from placing in those containers? Marty Reighard: Sure could. Actually, I think it was 22 feet to get two fire trucks in between our building and these trailers. That is what the Fire marshal told me a month ago or a month or two ago. Coming around that corner, you can t do it. Jack Wall: It is too tight. Jeff Hodgson: Mr. Redmond. Dave Redmond: Mr. Kemp. To your knowledge have you ever received any complaints from any neighbors near these units at any of these locations? Noise, those kind of things? Kevin Kemp: Not at this location. We did receive a complaint from another location but at this location, I am not aware of any complaints from noise on this property. Jeff Hodgson: Was the complaint for noise? Kevin Kemp: That wasn t specifically from noise. I believe the biggest issue with that the trailers were in the easement and the impact it could have on a fire.

23 Item #9 Walmart #2529 Page 4 Dave Redmond: Okay. Thank you. Jeff Hodgson: Is there anybody else? Bob Thornton: So, the diagram that we have on page 9 shows three locations of potential trailers. I had to piggyback on what Don is suggesting we re probably with comfortable with 20. If you keep them up against the building and we put a time line on it of two years. I just want to make sure that we strike the areas on here that you cannot put trailers in. It seems like it would be the one down near Princess Anne Road. Are you okay with that? Marty Reighard: Yes sir. Bob Thornton: Okay. You re pretty isolated back there. If you ve got a BMP and a tree line, that row of containers against the building is pretty innocuous. Probably nobody knows it is back there. Marty Reighard: Yes sir. Bob Thornton: Okay. Jeff Hodgson: Is there anybody else? Thank you sir. Mary Reighard: Thank you. Jan Rucinski: There are no other speakers. Jeff Hodgson: We will close the public hearing and open it up for discussion. I think we could move through this one pretty quick. Bob Thornton: I move that we approve this with the condition with the 20 maximum located up against the building, minus the space the Fire Marshal was concerned with, and the September 15 through January 15, and a two year time period. Jan Rucinski: I ll second it. Jeff Hodgson: A motion made by Vice Chairman Thornton and seconded by Commissioner Rucinski. Mr. Weeden. Ron Ripley: Did you mention also the time period? Bob Thornton: A two year time period. 11 NAY 0 ABS 0 ABSENT 0 HODGSON HORSLEY INMAN

24 Item #9 Walmart #2529 Page 5 KWASNY OLIVER REDMOND RIPLEY RUCINSKI THORNTON WALL WEINER Ed Weeden: By a vote of 11-0, the Commission has approved the application of Walmart #2529 with additional conditions of no more than 20 containers, time limit of September 15 to January 15 with a two year time period. Jeff Hodgson: Thanks. I would say I appreciate you coming down here because the outcome in this would have come out a lot differently if you had not, so thanks for taking time.

25 Item #10 B.H. Vineland Conditional Change of Zoning AG-2 Agricultural to Conditional R-5D Residential 1046 & 1050 Old Dam Neck Road 1037 Dam Neck Road District 7 Princess Anne August 10, 2016 REGULAR Jan Ruciniski: the next item on the agenda is item 10, B.H. Vineland. An application for a Conditional Change of Zoning, AG-1 Agricultural to Conditional R-5D Residential, on property located at 1046 & 1050 Old Dam Neck Road and 1037 Dam Neck Road, District 7, princess Anne. Is there a representative for this? I guess I don t have to tell you to state your name. Eddie Bourdon: Thank you Ms. Rucinski. Jeff Hodgson: I would like to say this was going to be on our Consent Agenda, but we thought we would like the applicant s representative with an explanation of this project. Eddie Bourdon: Is there someone here in opposition? Jan Rucinski: There is opposition. Jeff Hodgson: This is no longer on Consent Agenda. Eddie Bourdon: I was surprised. That is alright. Mr. Chairman, thank you again. For the record, Eddie Bourdon, a Virginia Beach attorney representing B.H. Vineland, which is a California corporation that owns this piece of property. I m passing around an updated Disclosure. I was hired by B.H. Vineland to pursue this rezoning. They have within the last couple of weeks, signed a contract to sell the property but they are responsible for having it rezoned, so, it is a Disclosure that includes the contract purchaser, which didn t exist when we filed the application, so, I just want to make sure that everyone knows what s coming around. This application is an interesting one for a lot of reasons. One, it reminds me how old I am. I had the privilege of representing Helen Dragas and the Dragas Companies 21 years ago, rezoning the adjacent condominiums to the west of this property. I remember driving through this property at the time when I was looking at what was going on around here, and I ll get into a little bit of that. In fact, I looked at my notes, and I had written down there were 14 units on this piece of property at this time. It is the same situation. Frankly, the property looks a whole lot better now than it I looked by in 1995, but it still isn t still nothing to be particularly thrilled about. As Dr. White indicated in the informal, the 12 units that are on this piece of property have been there since the 50s. And this piece of property is in a very interesting situation, as is all of this property between General Booth Boulevard and Upton Drive, well not Upton drive because of the Dragas rezoning, which preceded BRAC back in 1995, preceded the MOU and any of that stuff. These properties are zoned Agriculture and as Mr. Horsley can attest and anyone with a little common sense can attest, this is not an agricultural area. There is not any farming going on here, we don t have any hog farms likely to be placed here, although

26 Item #10 B.H. Vineland Page 2 the Malbons had one decades ago, further to the south and east of this property. Because of what has happened back then, when we did the Dragas application, there was a lot of conversation about what s going to happen with this property. We have a large amount of commercial across the street, commercial on General Booth. There is also some Apartment zoning across the street, as well I am sure on McClesky property. What s going to happen with this? And, at that point, it was kind of figured we transition from commercial on General Booth to something very similar what s occurring with this application today. Unfortunately or fortunately, depending upon on Oceana is the important part of our local economy. This area is essentially frozen in time. Theoretically, some of this property could be commercial, but there are restrictions on that as well. There is already so much commercial out here that I think what we see is what we re going to have, as long as NAS Oceana is in place. The provisions of the changes to protect Oceana include redevelopment, and God knows that this piece of property desperately needs to be redeveloped. And, so the proposal, which it was taken, non-conforming use modification, the City Council by a perspective buyer, had nothing to do with the application, it happened to be at the Council Hearing when they we re basically told that we don t like the idea of that being a condominium. We want to see a fee-simple with a public street; so, the condominium idea that they had proposed fell by the wayside, and the owners decided to do this themselves. They contacted Bob Miller, and they contacted me to handle this. So, this is a simple rezoning to R-5D for single family homes, 11 homes versus the 12 units that are there now on a cul-de-sac. We got about 24,000 square foot of BMP out on Dam Neck Rood. Currently, the property has access from Dam Neck. It is three pieces assembled under one ownership and it has been that way for decades and decades. There is access from Dam Neck. There is access from Old Dam Neck. The access from Dam Neck will go away with this, but we have provided pedestrian access to the sidewalk, which is a substantial sidewalk along Dam Neck Road. We provided very attractive elevations to the homes that will be constructed on here. It shows the quality of the home that will be on here and there is actually 20 of them just to give a clear assurance they are going to be high quality and high value homes. Most importantly, they will be noise attenuated homes. The 12 units that are there now are not noise-attenuated obviously in the 1950s that was not the concern. So, that is also a benefit. There is one fewer unit, much higher, much better circumstance than the monthly rental scenario that exists there today. And, as the Chairman pointed out, it was placed on the Consent Agenda. I don t know how the application could be made any better, and as long as Oceana remains there, this redevelopment, and I do know there will be some, because there has been some discussion that I ve had on General Booth Boulevard at the end of Old Dam neck Road, and the undeveloped piece of property on General Booth Boulevard just on the north side of the existing shopping center where the K-Mart has gone out of business. There is likely to be something that occurs down that end at some point in the future, but I certainly don t see anything else occurring in here because of the fact it is a high noise zone. It is not in an APZ. It is not in a crash zone. It is just in a high noise zone. It is an appropriate redevelopment. It is not increasing density. It is certainly increases the value and certainly will have the impact of what is there now on values on surrounding properties. It is certainly not a good one. This will be a positive impact in terms of the sales price on these units will be in the upward of $ thousand. It is certainly not going to harm anybody s property value. Obviously change does create some discomfort for people, we understand that, but this is the kind of change we need. This thing is going to continue to be less than what it ought to be given the circumstances that are there. I ll be happy to answer any questions that any of you may have. Jeff Hodgson: Any questions for Mr. Bourdon? Thank you.