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HomeMy WebLinkAbout08-21-2018 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL ��NtA'BEA� MAYOR LOUIS R.JONES,Bayside-District 4 t.$ VICE MAYOR JAMES L. WOOD,Lynnhaven-District 5 4 ' JESSICA P.ABBOTT,Kempsville-District 2 M BENJAMIN DAVENPORT,At Large j (7N'' .,) ROBERT M DYER,Centerville-District I ; BARBARA M HENLEY,Princess Anne—District 7 _ SHANNON DS KANE,Rose Hall—District 3 JOHN D.MOSS,At Large °• ouR " JOHN E. UHRIN,Beach—District 6 ROSEMARY WILSON,At-Large CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER—DAVID L.HANSEN VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY—MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR—RONALD D.AGNOR FAX(757)385-5669 CITYAUDITOR—LYNDONS.REMIAS August 21, 2018 E-MAIL:CITYCOUNCIL@vbgov.com CITY CLERK—AMANDA BARNES MAYOR LOUIS R. JONES PRESIDING I. CITY COUNCIL'S BRIEFING - Conference Room - 2:30 PM A. SHORT TERM RENTAL DISCUSSION City Council II. CITY MANAGER'S BRIEFINGS A. DIGITAL ASSIST APPLICATION Peter Wallace, Director—Information Technology Julie Hill, Director—Communications B. FARMERS MARKET PROJECT David Trimmer, Director—Agriculture C. EMERGENCY MEDICAL SERVICES AUDIO VISUAL UPDATE Chief Edward Brazle—Emergency Medical Services D. NEIGHBORHOOD DREDGING SPECIAL SERVICE DISTRICT (SSD) PETITION REQUESTS FOR SCHILLING POINT, SEA BREEZE COVE, AND DIX CREEK II Daniel Adams, Coastal Engineer—Public Works III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER—Mayor Louis R. Jones B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Louis R. Jones B. INVOCATION: Reverend Marlin Sharp Pastor, Landstown Community 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 August 7, 2018 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. RECOGNITION OF KING NEPTUNE XLV David Burton and Court Kit Chope, Celebration Chairman 2. VIRGINIA BEACH COUNCIL OF CIVIC ORGANIZATIONS AWARDS Brad Sykes, President—Virginia Beach Council of Civic Organizations I. PUBLIC HEARINGS 1. SALE OF EASEMENTS OVER CITY PROPERTY- Interfacility Traffic Area(ITA) a. 3597 Indian River Road b. 2876 Indian River Road c. 2287 Landstown Road 2. ACQUISITION OF REAL PROPERTY Cardinal Estates Pump Station#550 and Sanitary Sewer Relocation Project J. ORDINANCES/RESOLUTIONS 1. Ordinance to DECLARE Excess City Property with Restrictive Easements in the Interfacility Traffic Area (ITA) and AUTHORIZE the City Manager to sell same to the United States of America: a. 3597 Indian River Road b. 2876 Indian River Road c. 2287 Landstown Road 2. Ordinance to AUTHORIZE the acquisition of property in fee simple re Cardinal Estates Pump Station #550 and Sanitary Sewer Relocation Project by agreement or condemnation 3. Ordinance to EXTEND the date to satisfy conditions re closing a 10,645 square foot portion of right-of-way known as Lord Dunmore Drive 4. Ordinance to AUTHORIZE a temporary encroachment into a portion of City Property known as Bluegill Inlet at 2797 Sandpiper Road re construct and maintain a dock 5. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE a Memorandum of Agreement (MOA) for the contribution of funds to the Department of the Army re Rudee Inlet Additional Work 6. Resolution to AUTHORIZE Design Approval re Laskin Road Phase I-A and Laskin Road Bridge Replacement 7. Ordinance to ESTABLISH Capital Improvement Program (CIP) re EMS Headquarters Audio Visual Upgrades and TRANSFER$250,000 from the Housing Resource Center CIP 8. Ordinance to TRANSFER $167,166 from the Housing Resource Center CIP to the Various Buildings Rehabilitation and Renewal IV CIP re electrical upgrades to the Farmers Market 9. Ordinance to ACCEPT and APPROPRIATE $23,790 from the FY2018-2019 Supreme Court of Virginia Drug Treatment Court Docket Grant to the FY2017-2018 Commonwealth Attorney's Operating Budget re care for VBADTC participants and AUTHORIZE an In-Kind Grant Match K. PLANNING 1. VISION, INC./ BEATRICE R. SMALL for a Variance to Section 4.4(b) of the Subdivision Regulations re lot width at 5558 Daniel Smith Road DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 2. GREENWAY TOWING, LLC, T/A ARISTOCRAT TOWING/ 800 BLOCK PROPERTIES, LC for Modification of Proffers and Conditions re bulk storage yard at 1608 Washington Avenue (Approved on August 14, 2001, and Modified on May 8, 2012) DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 3. WAL-MART REAL ESTATE BUSINESS TRUST for a Conditional Use Permit re bulk storage yard at 2021 Lynnhaven Parkway DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 4. WAL-MART REAL ESTATE BUSINESS TRUST for a Conditional Use Permit re bulk storage yard at 657 Phoenix Drive DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 5. WAL-MART REAL ESTATE BUSINESS TRUST for a Conditional Use Permit re bulk storage yard at 546 First Colonial Road DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 6. WAL-MART REAL ESTATE BUSINESS TRUST/LAKE GEM II, LLC for a Conditional Use Permit re bulk storage yard at 1149 & 1169 Nimmo Parkway DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 7. RONALD F. GIESIN, JR.,/ DOWNS PROPERTIES, INC., for a Conditional Use Permit re motor vehicle rentals at 519 North Witchduck Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 8. LYNNHAVEN AREA PROPERTIES, LLC for a Conditional Use Permit re car wash and automotive repair establishment at the northwest corner of Laskin Road and Regency Drive DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 9. Ordinance to AMEND Section 104 of the City Zoning Ordinance (CZO) re maximum and minimum misdemeanor fines for violations RECOMMENDATION: APPROVAL L. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS —ELECTRICAL DIVISION COMMUNITY ORGANIZATION GRANT (COG) AND ALLOCATION REVIEW COMMITTEE COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY HEALTH SERVICES ADVISORY BOARD HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATION REVIEW PANEL MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMISSION OLD BEACH DESIGN REVIEW COMMITTEE PERSONNEL BOARD PUBLIC LIBRARY BOARD STORMWATER APPEALS BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *************************** 08/14/2018 pm I. CITY COUNCIL'S BRIEFING - Conference Room- 2:30 PM A. SHORT TERM RENTAL DISCUSSION City Council II. CITY MANAGER'S BRIEFINGS A. DIGITAL ASSIST APPLICATION Peter Wallace, Director—Information Technology Julie Hill, Director—Communications B. FARMERS MARKET PROJECT David Trimmer, Director—Agriculture C. EMERGENCY MEDICAL SERVICES AUDIO VISUAL UPDATE Chief Edward Brazle—Emergency Medical Services D. NEIGHBORHOOD DREDGING SPECIAL SERVICE DISTRICT (SSD) PETITION REQUESTS FOR SCHILLING POINT, SEA BREEZE COVE, AND DIX CREEK II Daniel Adams, Coastal Engineer—Public Works III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room- 5:00 PM A. CALL TO ORDER—Mayor Louis R. Jones B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Louis R. Jones B. INVOCATION: Reverend Marlin Sharp Pastor, Landstown Community 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 August 7, 2018 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. RECOGNITION OF KING NEPTUNE XLV David Burton and Court Kit Chope, Celebration Chairman 2. VIRGINIA BEACH COUNCIL OF CIVIC ORGANIZATIONS AWARDS Brad Sykes, President—Virginia Beach Council of Civic Organizations I. PUBLIC HEARINGS 1. SALE OF EASEMENTS OVER CITY PROPERTY- Interfacility Traffic Area(ITA) a. 3597 Indian River Road b. 2876 Indian River Road c. 2287 Landstown Road 2. ACQUISITION OF REAL PROPERTY Cardinal Estates Pump Station#550 and Sanitary Sewer Relocation Project r(0I e s` a: 4.41i.a,rj``r iiiv��:f4 PUBLIC HEARING SALE OF EASEMENTS OVER CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the sale of restrictive easements to the United States Navy over City-owned properties in the Interfacility Traffic Area (ITA), Tuesday,August 21,2018 at 6:00 p.m., in the Council Chamber of the City Hall Building(Building#1) Municipal Center,Virginia Beach, Virginia. The properties to be subject to the easement are (by location,approximate size,former owner,GPIN): 3597 Indian River Road (7.6656±acres),acquired from Nancy Meagher Johnson, Linda Meagher Richards and Linda M.Meagher,GPIN: 1483-27-7737 2876 Indian River Road (0.8283±acres),acquired from Earl Morris,GPIN:1493- 33-7394 2287 Landstown Road (18.6192±acres),acquired from Association for Research and Enlightenment,GPIN: 1484-74-8490 This hearing will be to obtain public input to determine whether these easements restricting uses should be declared"excess of the City's needs." If you are physically disabled or visually Impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 385-4303;Hearing impaired,call 711 (Virginia Relay -Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Office of Real Estate, Municipal Building #2, Room 392, (757) 385-4161. All interested parties are invited to attend. Amanda Barnes,MMC City Clerk BEACON:August 12,2018 vrN, �.BEA" lc:... '.•V, !>f Z ws S. PUBLIC HEARING ACOUISITION BY AGREEMENT OR CONDEMNATION The Virginia Beach City Council will hold a PUBUC HEARING on the proposed acquisition, by agreement or condemnation,of property from unknown owners/members of a defunct corporation, necessary for the Cardinal Estates Pump Station #550 and Sanitary Sewer Relocation Project (CIP 8- 041.182).Tuesday,August 21, 2018 at 6:00 p.m., in the Council Chamber of the City Hall (Building #1) at the Virginia Beach Municipal Center.Virginia Beach, Virginia. The plans for the project are entitled: `CARDINAL ESTATES PUMP STATION #550 AND SANITARY SEWER RELOCATION PROJECT (CIP 6-041.182)," and are on file in the Public Utilities Department, Engineering Division, Building #2 at the Municipal Center. The purpose 011e:; of this hearing will be to obtain public input regarding authorizing condemnation, ff necessary,for this project. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 757-3854303: Hearing Impaired, call 711 (Virginia Relay - Telephone Device for the Deaf). Any questions concerning this hearing should be directed to the Office Real Estate, Building #2,Room 392.at the Municipal Center,(757)385-4161. All interested parties are invited to attend. Amanda Barnes,MMC City Clerk BEACON:August 12,2018 J. ORDINANCES/RESOLUTIONS 1. Ordinance to DECLARE Excess City Property with Restrictive Easements in the Interfacility Traffic Area(ITA) and AUTHORIZE the City Manager to sell same to the United States of America: a. 3597 Indian River Road b. 2876 Indian River Road c. 2287 Landstown Road 2. Ordinance to AUTHORIZE the acquisition of property in fee simple re Cardinal Estates Pump Station#550 and Sanitary Sewer Relocation Project by agreement or condemnation 3. Ordinance to EXTEND the date to satisfy conditions re closing a 10,645 square foot portion of right-of-way known as Lord Dunmore Drive 4. Ordinance to AUTHORIZE a temporary encroachment into a portion of City Property known as Bluegill Inlet at 2797 Sandpiper Road re construct and maintain a dock 5. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE a Memorandum of Agreement (MOA) for the contribution of funds to the Department of the Army re Rudee Inlet Additional Work 6. Resolution to AUTHORIZE Design Approval re Laskin Road Phase I-A and Laskin Road Bridge Replacement 7. Ordinance to ESTABLISH Capital Improvement Program (CIP) re EMS Headquarters Audio Visual Upgrades and TRANSFER $250,000 from the Housing Resource Center CIP 8. Ordinance to TRANSFER $167,166 from the Housing Resource Center CIP to the Various Buildings Rehabilitation and Renewal IV CIP re electrical upgrades to the Farmers Market 9. Ordinance to ACCEPT and APPROPRIATE $23,790 from the FY2018-2019 Supreme Court of Virginia Drug Treatment Court Docket Grant to the FY2017-2018 Commonwealth Attorney's Operating Budget re care for VBADTC participants and AUTHORIZE an In-Kind Grant Match Hu e � .11 ti:o e�1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance to declare restrictive easements over City-owned properties known as 3597 Indian River Road (GPIN: 1483-27-7737); 2876 Indian River Road (GPIN: 1493-33-7394); and 2287 Landstown Road (GPIN: 1484-74-8490) in the Interfacility Traffic Area to be excess property interests and authorizing the City Manager to convey same to the United States of America MEETING DATE: August 21, 2018 • Background: On September 27, 2007, the City and the United States of America, Department of the Navy (the "Navy") entered into an agreement (the "Encroachment Partnering Agreement") to partner to acquire property in the Interfacility Traffic Area (the "ITA"). The Navy and the City agreed that the City would convey to the Navy restrictive easements (the "Restrictive Easement(s)") over property the City acquires in the ITA (later extended to the Rural AICUZ Area), and the Navy would pay to the City 100% of the appraised value of the Restrictive Easement or 50% of the appraised fair market value of the real property acquired by the City, whichever is less. The Encroachment Partnering Agreement, as amended, provides that the Navy will provide funding through federal grants, which funds will be used by the Navy to purchase the Restrictive Easements. To date, the City has sold easements to the Navy over approximately 1,919 acres for a total of $16,449,295 and in exchange for the Marshview property. The City has acquired the following additional properties in the ITA, and the Navy wishes to purchase easements over these properties pursuant to the Encroachment Partnering Agreement: Address/Location Size in GPIN Former Owner City's Cost Purchase Funds to Be Acres to Price from Returned to (approx.) Acquire Navy for Commonwealth Easement 1 3597 Indian River 7.6656 1483-27-7737 Meagher $220,000 $110,000 $55,000 Road 2 2876 Indian River 0.8283 1493-33-7394 Morris $127,300 $43,700 $21,850 Road 3 2287 Landstown 18.6192 1484-74-8490 Association for $805,000 $325,000 0 Road Research and (City-only Enlightenment funds) TOTAL 27.1131 $1,152,300 $478,700 $76,850 ■ Considerations: By Ordinance 3000B, adopted on September 25, 2007, as amended by ORD-3053C, ORD-3178D, ORD-3259P, ORD-3333U, and ORD-3053C, the City approved the Encroachment Partnering Agreement and the form of the Grant of Easement to be conveyed to the Navy to establish the Restrictive Easements. The Restrictive Easements to be conveyed over the property identified on the table shown herein would prohibit future residential use and would limit the City-owned property to uses listed as compatible (marked with a "Y") on the attached table marked as "Exhibit A to Grant of Easement." The City's sale of the Restrictive Easements would recoup for the City and the Commonwealth up to 50% of the purchase price paid for these ITA acquisitions, for a total sales price of$478,700. Parcels 1 (3597 Indian River Road) and 2 (2876 Indian River Road) were paid for using Commonwealth grant funding through a partnership with the Commonwealth of Virginia; and Parcel 3 (2287 Landstown Road) was acquired using City-only funds. • Public Information: Advertisement of City Council Agenda; Advertised for public hearing to dispose of an interest in City property in The Virginian-Pilot Beacon. • Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to convey the Restrictive Easements, subject to the terms and conditions of the Encroachment Partnering Agreement. • Revenue restriction: The proceeds from the sale of the Restrictive Easements over all three properties in the amount of $478,700 will be received; $401,850 of the amount will be deposited for appropriation in future Capital Improvement Program capital budgets in #9-059, Oceana and Interfacility Traffic Area Conformity and Acquisition II; and $76,850 (representing fifty percent [50%] of the proceeds for the Restrictive Easements over Parcels 1 and 2) will be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. • Attachments: Ordinance, Location Map, Exhibit A to Grant of Easement (Table of Permitted/Prohibited Uses); Summary of Terms of Encroachment Partnering Agreement, as amended. Recommended Action: Approval of the Ordinance �/ Submitting De• - ' Agency: Public Works/Real Estate est 11-7/ City Manage Wk. s 1 ORDINANCE TO DECLARE RESTRICTIVE EASEMENTS OVER 2 CITY-OWNED PROPERTIES KNOWN AS 3597 INDIAN RIVER 3 ROAD (GPIN: 1483-27-7737); 2876 INDIAN RIVER ROAD (GPIN: 4 1493-33-7394); AND 2287 LANDSTOWN ROAD (GPIN: 1484-74- 5 8490) IN THE INTERFACILITY TRAFFIC AREA TO BE EXCESS 6 PROPERTY INTERESTS AND AUTHORIZING THE CITY 7 MANAGER TO CONVEY SAME TO THE UNITED STATES OF 8 AMERICA 9 10 WHEREAS, the City of Virginia Beach (the "City") is the owner of certain 11 properties located in the Interfacility Traffic Area (the "ITA") in the City of Virginia Beach, 12 Virginia, which properties are identified as follows (collectively, the "Properties"): 13 14 1. 3597 Indian River Road (7.6656± acres), acquired from Nancy Meagher 15 Johnson, Linda Meagher Richards and Linda M. Meagher, GPIN: 1483- 16 27-7737 17 18 2. 2876 Indian River Road (0.8283± acres), acquired from Earl Morris, GPIN: 19 1493-33-7394 20 21 3. 2287 Landstown Road (18.6192± acres), acquired from Association for 22 Research and Enlightenment, GPIN: 1484-74-8490 23 24 25 WHEREAS, on September 27, 2007, the City and the United States of 26 America, Department of the Navy (the "Navy") entered into an agreement (the 27 "Encroachment Partnering Agreement") to partner to protect property in the ITA from 28 incompatible development; 29 30 WHEREAS, the terms and provisions of the Encroachment Partnering 31 Agreement, as amended, provide that the City will sell to the Navy restrictive easements 32 (the "Restrictive Easement(s)") over property the City acquires in the ITA and the Rural 33 AICUZ Area, and in exchange the Navy will pay to the City 100% of the fair market 34 value of the Restrictive Easements, up to 50% of the appraised fair market value of the 35 property the City acquired; 36 37 WHEREAS, the City acquired the Properties pursuant to the ITA 38 Acquisition Program, an element of the City's BRAC response program; 39 40 WHEREAS, the City funded the acquisition of two of the Properties 41 (Parcels 1 and 2 above) through a partnership with the Commonwealth of Virginia (the 42 "Commonwealth") and Parcel 3 was acquired by the City using only City funds; and 43 44 WHEREAS, the City Council of the City of Virginia Beach finds that the 45 Restrictive Easements over the Properties are in excess of the City's needs and finds 46 that the sale of the Restrictive Easements to the Navy, pursuant to the terms of the 47 Encroachment Partnering Agreement, as amended, will allow the City and the 48 Commonwealth to recover a portion of the funds paid for the Properties. 49 50 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 51 OF VIRGINIA BEACH, VIRGINIA: 52 53 1. That Restrictive Easements over the Properties identified above are 54 hereby declared to be in excess of the needs of the City of Virginia Beach; 55 56 2. That the City Manager is hereby authorized to execute any documents 57 necessary to convey the Restrictive Easements to the Navy, in substantial conformity 58 with the terms and provisions of the Encroachment Partnering Agreement dated 59 September 27, 2007, as it has been or may be amended, and such other terms, 60 conditions or modifications as are deemed necessary and sufficient by the City Manager 61 and in a form deemed satisfactory by the City Attorney. 62 63 3. That revenue from the sale of the Restrictive Easements over all three 64 properties in the amount of $478,700 will be received; $401,850 of the amount will be 65 deposited for appropriation in future Capital Improvement Program capital budgets in 66 #9-059, Oceana and Interfacility Traffic Area Conformity and Acquisition II; and $76,850 67 (representing fifty percent [50%] of the proceeds for the Restrictive Easements over 68 Parcels 1 and 2) will be deposited for future payment by the City Manager to refund the 69 Commonwealth's portion in accordance with the grant agreement. 70 71 This ordinance shall be effective from the date of its adoption. 72 73 Adopted by the Council of the City of Virginia Beach, Virginia, on the 74 day of , 2018. 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Q O a J U O N I c m E y o c6 cu L a 2a a a r m _ a 0 Lu itz v d re Vie• o. - _ i} O.• El 3} 4 -1 " yr .,s r i :Alltol. .4,7.1„;:-.4,-,,,,i;41:4:114. 1 .-- '.... ,'... :,--,-. . ,.t._,. 5.:2. losoilik . eek.:6.---,,,,,,- A- --';.-0,..---•'. - "a -,, . i W N i. 13 csa 1•3147)T.;...v ••Itirkt in c:' 5... _ ``. y vs as m 4 : . 4 0co E h t� v' N O o L. ' '.4,„„„4:14,..ear,ilipoirop 4,44, 140. C. d c • '44-• oo p_ 0 • W ,� -. ,' ''w� a 0 L O A Z IA * coo Nr w N 3 &.+ o- = U a <: illir Cy Z ,,,, i`t .. x4 , .5 a»' 3 d v EXHIBIT A TO GRANT OF EASEMENT TABLE 1 - AIR INSTALLATIONS COMPATIBLE USE ZONES LAND USE COMPATIBILITY IN NOISE ZONES Land Use Land Use Compatibility Land Use Name 70-75 dB >75 dB DNL DNL Residential and Related Single-family dwellings N N Semidetached dwellings N N Attached dwellings/townhouses N N Duplexes N N Multiple-family dwellings N N Dormitories and other group quarters N N Mobile home parks N N Hotels and motels N N Other residential uses N N Manufacturing Food & kindred products; manufacturing Y Y Textile mill products; manufacturing Y Y Apparel and other fmished products; products made from Y Y ( fabrics, leather and similar materials; manufacturing Lumber and wood products (except furniture); manufacturing Y Y Furniture and fixtures; manufacturing Y Y Paper and allied products; manufacturing Y Y Printing, publishing, and allied industries Y Y Chemicals and allied products; manufacturing Y Y Petroleum refming and related industries Y Y Rubber and misc. plastic products; manufacturing Y Y Stone, clay and glass products; manufacturing Y Y Primary metal products; manufacturing Y Y Fabricated metal products; manufacturing Y Y Professional scientific, and controlling instruments; Y Y photographic and optical goods; watches and clocks Miscellaneous manufacturing Y Y Transportation, communication and utilities Railroad, rapid rail transit, and street railway transportation Y Y Motor vehicle transportation Y Y Aircraft transportation Y Y Marine craft transportation Y Y Highway and street right-of-way Y Y Automobile parking Y Y Communication Y Y Utilities Y Y Other transportation, communication and utilities Y Y Trade Wholesale trade Y Y Retail trade- building materials, hardware and farm Y Y equipment Retail trade- general merchandise Y Y Retail trade- food Y Y Retail trade- automotive, marine craft, aircraft and Y Y accessories Retail trade- apparel and accessories Y Y Services Retail trade- furniture, home, furnishings and equipment Y Y Retail trade- eating and drinking establishments Y Y Other retail trade Y Y Finance, insurance and real estate services Y Y Personal services Y Y Cemeteries Y Y Business services Y Y Warehousing and storage Y Y Repair services Y Y Professional services Y Y Hospitals, other medical facilities Y N Nursing homes N N Contract construction services Y Y Government services Y Y Educational services Y N Miscellaneous Y Y Cultural, entertainment and recreational Cultural activities (& churches) Y N Nature exhibits N N Public assembly halls N N Auditoriums, concert halls Y N Outdoor music shells, amphitheaters N N Outdoor sports arenas, spectator sports Y N Other outdoor recreational facilities Y Y Indoor recreational facilities Y Y Campgrounds Y N Parks Y N Other cultural, entertainment and recreation Y N Resource Production and Extraction Agriculture (except live stock) Y Y Livestock farming Y N Animal breeding Y N Agriculture related activities Y Y Forestry activities Y Y Fishing activities Y Y Mining activities Y Y Other resource production or extraction Y Y SUMMARY OF TERMS OF ENCROACHMENT PARTNERING AGREEMENT, AS AMENDED: Parties: The City of Virginia Beach and The United States of America, acting through the Department of the Navy Term of Agreement: The term of the agreement expires September 30, 2019, unless sooner terminated by either party, upon 30 days' notice to the other party. The agreement may be renewed or extended as the parties agree. Other Terms 1. If the City purchases property from willing sellers in the ITA, then the Navy will purchase from the City a restrictive easement over that property limiting its use to those uses marked with a "Y" in the Table set forth in City Zoning Ordinance Section 1804 as enacted on the date of the Multi-Year Agreement (copy attached hereto as Exhibit A"): a. If the property is in 65-70 and 70-75 dB DNL Noise Zones, then the property would be limited to the allowed uses in 70-75 dB DNL Noise Zone, as stated in the Table; b. If the property is in >75 dB DNL, then the property would be limited to the allowed uses in >75 dB DNL Noise Zone; 2. The Navy will pay 100% of the appraised fair market value of the restrictive use easement or 50% of the appraised fair market value of the real property interest acquired by the City, whichever is less. After the appraisals are completed, the City can decide on a case-by-case basis whether to sell an easement to the Navy. 3. The Navy may contribute any amount of funds to acquire easements pursuant to the Encroachment Partnering Agreement, to the extent that funds are appropriated, without requiring an amendment to the Agreement. 4. The City shall provide surveys necessary to delete all standard exceptions for title insurance as to surveys. 5. The City and the Navy will obtain one appraisal to be used both for the City's acquisition of the property and for the Navy's later purchase of the restrictive easement from the City, and the Navy will share in the cost (50%) of obtaining such appraisals. 6. The area subject to the Agreement includes both the ITA and the area south of Indian River Road, within the contours of the Air Installations Compatible Use Zones (AICUZ), which area is preliminarily being called the Rural AICUZ Area ("RAA"), for sale of easements to the Navy, as has been done in the ITA. 7. The City and the Navy may obtain one survey to be used both for the City's acquisition of the property and for the Navy's later purchase of the restrictive easement from the City, and the Navy will share in the cost (50%) of obtaining such survey. _rr_ir: S) [ ,4-acitrek), . , ql.t.„,-,'? CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize acquisition of property in fee simple for the Cardinal Estates Pump Station #550 and Sanitary Sewer Relocation Project (CIP 6-041.182), either by agreement or condemnation. MEETING DATE: August 21, 2018 • Background: The Cardinal Estates Pump Station #550 and Sanitary Sewer Relocation Project (CIP 6-041.182) (the "Project') will relocate and rebuild Pump Station #550 Cardinal Estates in order to correct deficiencies in its operations. The existing station is failing, does not meet current standards, and the wet well is too small to handle existing flows. Additionally, the existing force main from the station is located by way of an easement and there are multiple structures located above ground in the easement area, negatively impacting the maintenance of the pipe. Finally, acquisition of an additional site is necessary because the existing pump station site does not allow sufficient room to expand the facility. The 35% design and plats for the Project are complete. The property located at 1328 Old Club House Road (GPIN: 1495-38-6674) (the "Property") is in close proximity to the current pump station, and presents an ideal location for relocation. The Property will need to be acquired by condemnation, due to the fact that the owner is a defunct corporation, originally created in 1984 for the neighborhood civic league. The Project will also affect the City- owned parcel where the existing pump station is located. • Considerations: The Property is necessary for the replacement of the existing pump station to correct structural and performance issues. • Public Information: Advertisement for a public hearing and advertisement of the City Council Agenda. • Alternatives: Deny the Ordinance and risk delaying or not completing the project. • Recommendations: Approval. • Attachments: Ordinance and Location Map Recommended Action: Approval Submitting D. • • • entlhgency: Public Works/Real Estate City Manager: i 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR THE CARDINAL ESTATES PUMP 4 STATION #550 AND SANITARY SEWER 5 RELOCATION PROJECT (CIP 6-041.182), 6 EITHER BY AGREEMENT OR 7 CONDEMNATION 8 9 10 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 11 public necessity exists for the relocation and construction of a replacement pump station 12 for the Cardinal Estates neighborhood to improve sanitation and safety within the City and 13 for other related public purposes for the preservation of the safety, health, peace, good 14 order, comfort, convenience, and for the welfare of the people in the City of Virginia Beach. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 Section 1. That the City Council authorizes the acquisition by purchase or 20 condemnation pursuant to Sections 15.2-1901, et seq., Sections 33.2 and Title 25.1 of the 21 Code of Virginia of 1950, as amended, of all that certain real property in fee simple for the 22 purpose of reconstructing the Cardinal Estates#550 Pump Station as shown on Exhibit A 23 attached hereto and made a part hereof (the "Property"), and on the plans entitled 24 "Cardinal Estates Pump Station #550 and Sanitary Sewer Relocation Project (CIP 6- 25 041.182)" (the "Project") and more specifically described on the acquisition plats for the 26 Project(plats and plans collectively referred to as the"Plans"),the Plans being on file in the 27 Engineering Division, Department of Public Utilities, City of Virginia Beach, Virginia. 28 29 Section 2. That the City Manager is hereby authorized to make or cause to be 30 made on behalf of the City of Virginia Beach, to the extent that funds are available and to 31 the extent the owners can be identified and located, a reasonable offer to the owners or 32 persons having an interest in said Property. If refused, or if the Property's owner is unable 33 to convey clear title or if the owner cannot be identified or located, the City Attorney is 34 hereby authorized to initiate, prosecute and settle or resolve proceedings to condemn said 35 Property. 36 37 Adopted by the Council of the City of Virginia Beach,Virginia, on the day of 38 , 2018. CA12762 R-1 PREPARED: 8/9/18 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d 003\p029\00494348.doc AP' -.•VED A TO CA NT fA1d FIL PUBLIC / ORKS/REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM '' r ! CI ATO NEY U EXHIBIT "A" ADDRESS OWNER GPIN (Now or Formerly) 1328 Old Club Cardinal Estates Civic League, Inc. 1495-38-6674 House Road • 1 ,---447/' t \N . \__ ti f l t . • i',4 \\., plig:,„0-- --..\\ * 194, 10 ::,..:->„.\\ a • -1141t ,- • , - a • - • ` kt • Existing Pump Station 550 y� -= _ 2897 Hawk Avenue • — 1495-39-5142 ,iii, r 11111 .-1 • \ cia. J. . \ ..---"-- • r ‘ ........4....zi: • At VI __ X__-_\.___ • • • • drr ` • --\ 1328 Old Clubhouse Road - CO\ '` • ,' 1495-38-6674 • • _r • i _ __-- ;I\ qe --- \ . \\,--- - - . • - �' � • - `-tP ~' LOCATION MAP -'" • C _,---- _— o (NOT TO SCALE) • ----\ 5 GRN ' PUMP STATION 550 SN�Q� REPLACEMENT ___\__,,,--_,>----'----\ , -'`� CARDINAL ESTATES -'-- CI P 6-041.182 e<,t • CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance extending the date for satisfying the conditions in the matter of closing a 10,645 square foot portion of right-of-way known as Lord Dunmore Drive MEETING DATE: August 21, 2018 • Background: On September 19, 2017, by Ordinance ORD-3519A, City Council approved the request by Princess Anne Real Estate Trust, a Virginia business trust (the "Applicant") to close approximately 10,645 sq. ft. of an unimproved, right-of-way known as Lord Dunmore Drive ("Right-of-Way"), adjacent to its properties at 5241 Princess Anne Road and 5233 Princess Anne Road. • Considerations: There were four (4) conditions to the approval of the street closure: 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 will be set according to the "Policy Regarding Purchase of City's Interest in Streets," except that the fee will be waived contingent upon the Applicant providing the City with a comprehensive release of claims, in a form agreeable to the City Attorney, as resolution of concerns raised by the Applicant related to impacts from the Princess Anne Road/Kempsville Road Intersection Improvements Project. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the portion of closed right-of-way into the adjoining parcels. The resubdivision plat must be submitted and approved for recordation prior to final street closure approval. The resubdivision plat shall show an easement area for a public boat launch and two parking spaces, as well as an easement for ingress/egress thereto. 3. The Applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are private utilities 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 approval, said approval shall be considered null and void. The Applicant has submitted a subdivision plat to the Planning Department for review, however, the plat will not be in final form and ready to record prior to the deadline to meet the conditions. On August 6, 2018, the Applicant requested additional time to finalize the Conditions set forth in Ordinance ORD-3519A. Staff concluded that granting another extension of time to satisfy these Conditions is reasonable. • Recommendations: Allow an extension of one (1) year for satisfaction of the conditions. • Attachments: Ordinance, Location Map and Disclosure Statement Form Recommended Action: Approval. Submitting Des:rt Ient/•gency: Planning Departmen,rr,1 FAA", (<2?(_ (J.. City Manager: .:�� • 1 AN ORDINANCE EXTENDING THE DATE 2 FOR SATISFYING THE CONDITIONS IN 3 THE MATTER OF CLOSING A 10,645 4 SQUARE FOOT PORTION OF RIGHT-OF- 5 WAY KNOWN AS LORD DUNMORE DRIVE 6 7 WHEREAS, on September 19, 2017, the Council of the City of Virginia Beach 8 acted upon the application of Princess Anne Real Estate Trust, a Virginia business trust 9 (the "Applicant"), for the closure of approximately 10,645 Sq. Ft. of an unimproved, 10 right-of-way known as Lord Dunmore Drive; 11 12 WHEREAS, City Council adopted an Ordinance (ORD-3519A) to close the 13 aforesaid portion of right-of-way, subject to certain conditions being met on or before 14 September 18, 2018; and 15 16 WHEREAS, on August 6, 2018, the Applicant requested an additional extension 17 of time to satisfy the conditions to the aforesaid street closure action; and 18 19 WHEREAS, staff recommends that an additional one (1) year extension be 20 approved. 21 22 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 23 Beach, Virginia: 24 25 That the date for meeting conditions of closure as stated in the Ordinance 26 adopted on September 18, 2018 (ORD-3519A), upon application of Princess Anne Real 27 Estate Trust, is extended to September 18, 2019. 28 29 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 30 of , 2018. CA 14407 \\Vbgov.com\dfs1\Applications\CityLaw\Cycom32\W PDOCS\D007\P030\00495002.DOC R-1 August 7, 2018 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: Cit 1Att *ney ( " anning tela ment No GPIN (Public Right-of-Way) (Adjacent GPINs: 1466-68-1966 and 1466-68-3940) CJ z n5 w a xa o W W O < t O O M D CO d� p c0 Wv,✓�tn m CMg J ,.` (GP0 0 „aO ~0 o wCO co 2 0 \_, z 000S N\ i N41/�OCV � / I Lai0- 'St--------- � X41.19 _ _G AS O�O W c� 1 �i=.,--, N 10'1149" E "__"� > t-Ce N- 6 > W ik QQ • _ _ — '� m m. W Z Q Q Q \" Q '2, WATER - 1\J CVO, �f W� 1._- p >(Q°Q a a S W N�"4 C.) �� E DRIVE Z x W H U o li Q o¢ Q o M DU *13' 95 P. 4' --_-"_""_- No : o a a 0 dwz J ± S O 0 i�� 3 LORA *13' "---- �o �o x m Cl w Zoo ai ... 0 0 ^)v s Y' _ 36-W ATER -'I w U O i.i<U m m Z o v3 2�o o O a J 2 co'')° v: � � 89' moo 1--�m vNi w O z N � � Qo o� = Wc,', N 10'11'x9' 2D5 QZm u m aK ��� U• • % NN Jam 5 - w i C-) ?22 \ W0 in s _, _ \ �c� a a . ,� a w Q� z 1 ZOmN O N N /7:.•=1 c,., ,i.\ w o_M R<0_, . ,0-0 c-- ti./.9 4".. ". -- :------- M'LT'g'-'2'. lj 0 \• F.3, 1.•.... ce. W v�4'Ory 1 �`t"m &,___ E., 3 p 4 E Nim /� ; o`gS6 oz 1 4 �/ 3yoo j,u O . �' 0 E2 _ Nfi3 Virginia Beach APPLICANT'S NAME Prince-15 Allhe- Rem L= fe- Trus-i-, A VI iig 1 n i a bus 1 r>-ess +rub' DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance, Special Investment Program Nonconforming Use Exception for _ (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 4 SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 5 Planning Commission and City Council meeting that pertains to the application(s). O APPLICANT NOTIFIED OF HEARING DATE: O NO CHANGES AS OF DATE: O REVISIONS SUBMITTED DATE: Virginia Beach n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. .x Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Princess Anne Estate Trust and Virginia Beach Financial Center, Inc. If an LLC, list all member's names: Not a.�_plicable If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) Princess Anne Estate Trust, a Virginia Business Trust. Edward F. Halloran, Principal Virginia Beach Financial Center, Inc. - Edward F. Halloran President/Secretary (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Not Applicable See next page for information pertaining to footnotes' and 2 0 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. [R] Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:_)rinc s3 titE. tatc TrusLa Virginia Business Trust If an LLC, list the member's names: Page 2 of 5 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) Edward F. Halloran, Principal (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) Not applicable 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101 . 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 4 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 NB Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ © Accounting and/or preparer of your tax return ❑ ® Architect / Landscape Architect / Land Planner Contract Purchaser (if other than ❑ El the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ❑ ® Construction Contractors - ❑ ® Engineers / Surveyors/ Agents Financing (include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ ® Legal Services Real Estate Brokers / ❑ ® Agents/Realtors for current and anticipated future sales of the subject property 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 5 NB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. 4--�t,.._,j (1AL„-ci2l9�. 70 APPLICANT'S SIGNATURE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 5 of 5 [ ,,,-.,- ,,CS',,, ra�vG�,�.� . • 1., 7) Li.,..„*„. ..,......„ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize a Temporary Encroachment into a portion of City Property known as Bluegill Inlet located at the rear of 2797 Sandpiper Road MEETING DATE: August 21, 2018 • Background: Peter S. Williams & Suzanne M. Williams, (the "Applicants") have requested permission to construct and maintain a proposed 20' x 20' dock (the "Encroachment") adjacent to their property located at 2797 Sandpiper Road. The Encroachment would extend 20' into the City's property known as Bluegill Inlet. Council approved an 8' x 20' dock on December 19, 2017, however the applicant has decided to enlarge the dock and never constructed the approved encroachment. • Considerations: City staff has reviewed the requested Encroachment and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Bluegill Inlet, which is where the Applicants have requested to encroach. There is a second dock not owned by the Applicants shown on Exhibit "A" to the Agreement. There were no permits issued through Waterfront Operations, nor did Council approve the second dock encroachment and its ownership is unknown. • Public Information: Advertisement of the City Council Agenda. • Alternatives: Deny the Encroachment or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Plat, Pictures, Location Map, Agreement, Disclosure Statement. Recommended Action: Approval of the ordinance. Submitting i 'pa N ent/A$ency: Public Works/Real Estate Lou i....ep City Manager. 1 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS BLUEGILL 7 INLET LOCATED AT THE REAR OF 8 2797 SANDPIPER ROAD 9 10 WHEREAS, Peter S. Williams and Suzanne M. Williams have requested 11 permission to construct and maintain a proposed 20' x 20' dock (the "Encroachment") 12 adjacent to their property located at 2797 Sandpiper Road (GPIN: 2433-26-7778). The 13 Encroachment would extend 20' into the City's property known as Bluegill Inlet (GPIN: 14 2433-27-3415); and 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 17 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 18 the City's property subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA: 22 23 That pursuant to the authority and to the extent thereof contained in §§ 24 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, Peter S. Williams and 25 Suzanne M. Williams, their heirs, assigns and successors in title are authorized to 26 construct and maintain a 20' x 20' dock in the City's property known as Bluegill Inlet as 27 shown on the map entitled: "EXHIBIT "A" ENCROACHMENT REQUEST FOR: PETER 28 S. & SUZANNE M. WILLIAMS LOT 67, SECTION 2, TRACT B SANDBRIDGE BEACH 29 MB. 38 p.53, GP 2433-26-7778 REVISED 6-6-2018" prepared by Sigma Environmental 30 Services, Inc., dated June 6, 2018, a copy of which is attached hereto as Exhibit "A" and 31 on file in the Department of Public Works, to which reference is made for a more 32 particular description; 33 34 BE IT FURTHER ORDAINED, that the Encroachment is expressly subject 35 to those terms, conditions and criteria contained in the agreement between the City of 36 Virginia Beach and Peter S. Williams and Suzanne M. Williams (the "Agreement"), an 37 unexecuted copy of which has been presented to the Council in its agenda, and will be 38 recorded, after execution, among the records of the Clerk's Office of the Circuit Court of 39 the City of Virginia Beach; 40 41 BE IT FURTHER ORDAINED, that the City Manager or his authorized 42 designee is hereby authorized to execute the Agreement; and 1 43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect 44 until such time as Peter S. Williams and Suzanne M. Williams and the City Manager or 45 his authorized designee execute the Agreement. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 48 day of , 2018. CA14395 R-1 Prepared: 8/3/18 \\vbgov.com\dfs 1\applications\citylaw\cycom 32\wpdocs\d031\p015\00493230.docx APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: 04116, PUBLIC ORKS, REAL ESTATE DA A R HARMEYER SENIOR CITY ATTORNEY 2 PLAN VIEW BLUEGILL INLET SCALE: 1" = 30' 4 FLOOD 1 EBBS WATERWAY WIDTH PARCEL ACITY OF VIRGINIA BEACH MHW-MHW IN.20070522000686140 APPROX. 74' 2433-27-3415 j PROPOSED 12'X 20'DOCK EXTENSION I\ • F-' IIIIIIIIIIIIIIII 20.0' - .—..—.._ MLW MHW 1 3 4 2 10 a A N 10`B£:0`W 55.00' N 10°48'00'W 65.00 S 10 48'00" E 0.00' ® 55'BULKHEAD WITH TWO(2) 5'RETURNS 4 WOOD FENCE TIE DOWNS A-1 6' 10" POO MATERIAL SPECIFICATIONS: A-2 53' 10" e., FRAMING:CCA 2.5#PCF A-3 24'6" (MLP-88) A-4 43' 11" PILINGS:CCA 2.5#PCF B-1 16'6" b i DECK � (MLP-88) B-2 41'0" ' 0 HARDWARE:HOT DIPPED B-3 13'6" g, N GALVENIZED(ASTM=A153) B-4 31'7" u). m ' (1) MATERIAL SCHEDULE: 2-STORY PILES'8"DIA MINIMUM, SFR 5'3"0/C JOISTS:2"X 8" GIRDERS:2"X 8" -__- DECKING:2"X 6" 10'X 40' UTILITY EASEMENT 0- "PARCEL 2" LOT 68 BRUCE D.JETTE GRAVEL DRIVEWAY ROBERT HOBBS IN. 20081204001803630 IN.2008020211000149510 2433-26-8608 2433-26-7844 O 0 S 10°48'00"E 80.00 90'TO TUNA LANE 4 SANDPIPER ROAD (60'RNV) E SIGMA ENVIRONMENTAL SERVICES, INC. 1513 SANDBRIDGE ROAD VIRGINIA BEACH,VIRGINIA 23456 (757)615-9974 EXHIBIT"A" PROJECT: BULKHEAD,MARGINAL ENCROACHMENT REQUEST WHARF FOR: PETER S.&SUZANNE M.WILLIAMS WATERWAY: BLUEGILL INLET LOT 67, SECTION 2,TRACT B DATUM: 0.00'MLW=-0.4' 1929 NVGD SANDBRIDGE BEACH LOCATION:2797 SANDPIPER RD. MB. 38 P.53, GP 2433-26-7778 REVISED:6-6-2018 DATE: JUNE 6,2018 SHEET 1 OF 1 Encroachment Request — Peter S. Williams & Suzanne Williams Rear of 2797 Sandpiper Road �- r r *"�\ �` e t1 d q , 3. tile Py.# t .% , i , 7' '\ �1 i ce a `� ri t!v i r 'k,,1'- !1C, 0111'' lac" r 1 1 i Pier Encroachment into City Property at Rear of 2797 & 2799 Sandpiper Road — Ownership is Unknown :1.7. :\ :I R Gla A fir` i \ 'y,....07:1 ' a _ Mfr'. . ). ,••'.. attel( i 6-' ' / �� _t 3 . ,---: , eir' if y1 .¢, 1 at tF _ — -,4 Mr Id' "?, i 4. r Ct j' + - : - ,. -' ih a A 4 n \ WF Fs SITE ) \--,-: '. , \ ., 2433-27-3415 N 7Z Oa C:° '3? \ , ill cn 10\- C. \\ O 2433-26-7778 O� O r \ O 13 m 2797 13 o 2799 �N • SUNPt LOCATION MAP PETER AND SUZANNE WILLIAMS ENCROACHMENT REQUEST Legend FOR i City Properties 2797 SANDPIPER ROAD GPIN 2433-26-7778 Note: This property is located MIINIIIMIN Feet in AICUZ Noise Zone<65 dB0 50 100 200 prepared by P W e ' \1/Eng r<ng Support Peroes Burea,,111101! TC 5CADDProtects58PCT4es`,�. t1DA MAPSSancp,per Rd\24253-26-,,/6,-2433-26-7776 rr:d PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this Q I day of C.Q , 2018, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal c oration of the Commonwealth of Virginia, Grantor, "City", and PETER S. WILLIAMS and SUZANNE M. WILLIAMS, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 67A", as shown on that certain plat entitled: RESUBDIVISION OF LOT 67 TRACT B SECTION 2 SANDBRIDGE BEACH (MB. 38, P. 53) AND PORTION OF 10' STRIP REVISED PLAT OF SANDBRIDGE SHORES SECTION 1A NORTH AREA (MB 78, P. 50) VIRGINIA BEACH, VIRGINIA" dated 20 November 2016, prepared by Bonifant Land Surveys, Inc. and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Instrument No. 20170404000275540 and being further designated, known, and described as 2797 Sandpiper Road, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to construct and maintain a proposed 20' x 20' Dock, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 2433-27-3415 City Property — 352 Tuna Lane known as Bluegill Inlet GPIN: 2433-26-7778 — 2797 Sandpiper Road WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Bluegill Inlet the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT 'A' ENCROACHMENT REQUEST FOR: PETER S. & SUZANNE M. WILLIAMS LOT 67, SECTION 2, TRACT B SANDBRIDGE BEACH MB.38 P.53, GP 2433-26-7778 REVISED: 6-06-2018", dated June 16, 2017 revised thru June 6, 2018 and prepared by Sigma Environmental Services, Inc., a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. Specifically excluded from the permission provided herein is the second dock not owned by the Grantee shown on the above-referenced Exhibit. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements 3 providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Peter S. Williams & Suzanne M. Williams, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. 4 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2018, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2018, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: r S. Williams, Owner B • • //(-)4 Suzan r. Williams, Owner STATE OF CITY/COUNTY OFP,�tl ( , to-wit: The foregoing instrument was acknowledged before me this .97 day of , 2018, by Peter S. Williams. (SEAL) N. '-ry 'ubli Michael Ferrara Notary Registration Number: F(= 3 3( 94,, Notary Public • St."of Florida My Commission Expires: 7/ 3-26 Z'`' esu, °� My CommissionByres 4 020 Conrnision No.IT 872831 STATE OF CITY/COUNTY OF P' v,e. ( ((_A , to-wit: The foregoing instrument was acknowledged before me this day of , 2018, by Suzanne M. Williams. / /Li/ (SEAL) ,; . ary Public Notary Registration Number: q 7d 7Michael No My Commission Expires: £' 3� 20 2 `' MyC eo Wes 413/2020 Commission Na IT 872831 K APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM i4kds1t ��N • T�R 14171747 ' RMEYER, SENIOR CITY ATTORNEY V318" DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION 7 PLAN VIEW BLUEGILL INLET SCALE: 1" = 30' ! FLOOD EBB WATERWAY WIDTH PARCEL ACITY OF VIRGINIA BEACH MHW-MHW IN.20070522000686140 APPROX. 74' 2433-27-3415 PROPOSED 12'X 20'DOCK EXTENSION • 1111111111111111 20.0' _ MLW MHW 1 -+ 3 A 4 2 1 10 ----« A N 10°B;0`W 55.00' A N 10°48'DO`W 65.00' SW 48'00° E 40.00' • 55'BULKHEAD WITH TWO(2) 5'RETURNS 4---WOOD FENCE TIE DOWNS A-1 6' 10" POO MATERIAL SPECIFICATIONS: A-2 53'10" N FRAMING:CCA 2.5#PCF A-3 24'6" --- (MLP 88) A-4 43'11" 3 N PILINGS:CCA 2.5#PCF B-1 16'6" 8 DECK (MLP-88) B-2 41'0" r , S HARDWARE:HOT DIPPED B-3 13'6" ,,` GALVENIZED(ASTM=A153) B-4 31'7" w w MATERIAL SCHEDULE: 2-STORY PILES:8°DIA.MINIMUM, SFR 5'3"0/C JOISTS:2"X 8" GIRDERS:2°X 8° -- DECKING:2"X 6° 10'X 40' UTILITY EASEMENT l "PARCEL 2" LOT 68 BRUCE D.JETTE GRAVEL DRIVEWAY ROBERT HOBBS IN.20081204001803630 IN.2008020211000149510 2433-26-8608 2433-26-7844 0 ` 0 S 10°48'00°E 8000' 90'TO TUNA LANE 4 SANDPIPER ROAD (60' RNV) Fr SIGMA ENVIRONMENTAL SERVICES, INC. 1513 SANDBRIDGE ROAD VIRGINIA BEACH,VIRGINIA 23456 (757)615-9974 EXHIBIT"A" PROJECT: BULKHEAD,MARGINAL ENCROACHMENT REQUEST WHARF FOR: PETER S.&SUZANNE M.WILLIAMS WATERWAY:BLUEGILL INLET LOT 67, SECTION 2,TRACT B DATUM: 0.00'MLW=-0.4' 1929 NVGD SANDBRIDGE BEACH LOCATION:2797 SANDPIPER RD. MB.38 P.53, GP 2433-26-7778 REVISED:6-6-2018 DATE: JUNE 6,2018 SHEET 1 OF 1 Carmen Peters From: Pete Williams <pete@petewilliams.net> Sent: Thursday, August 09, 2018 11:38 AM To: Ashley R. Hargrove Cc: Jennifer E. Dew; Carmen Peters; Chris B. Cahoon Subject: Re:Agreement Hi Ashley: Thank you for the note. Nothing has changed regarding the disclosure form. Please let me know if you need anything else. Thanks. On Thu, Aug 9, 2018 at 11:09 AM, Ashley R. Hargrove<AHargrov@vbgov.com> wrote: Hello Mr. Williams, I'm contacting you on behalf of Jennifer because she is out of the office this week. I just need to confirm that nothing has changed since signing the disclosure form? Please let me know in response to this email. Thank you! Thank you, Ashley Hargrove Administrative Assistant Public Works -Real Estate 2405 Courthouse Drive Bldg 2,Room 392 Virginia Beach,VA 23456-9030 757-385-4161 AHargrov@vbgov.com Iii ,,,00, Virginia Beach Virginia Beach APPLICANT'S NAME / 72JZ it)(tLi/ ($j 5 2?Vt L &// is DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two (2)weeks prior to any Page 1 of 7 Planning Commission arid City Council meeting that pertains to the application(s). ▪ APPLICANT NOTIFIED OF HEARING DATE: El NO CHANGES AS OF DATE: as oir g i Oq l is (E? A LL) • REVISIONS SUBMITTED DATE: NArf3 Virginia Beach Fr Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. rCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. 45Kf Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN. complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary i or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia Beach PROVIDER (use additional sheets if YES NO SERVICE needed) _ n t I Accounting and/or preparer of your tax return El -- IR Architect / Landscape Architect/ Land Planner Contract Purchaser (if other than ❑ the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed O gl purchaser of the subject property ti (identify purchaser(s) and purchaser's service providers) �-- Construction Contractors j/ E- -S7 f C ® [} Engineers / Surveyors/Agents Ei4uiRe_witI.(rrIC-, Financing (include current mortgage holders and lenders t ; selected or being considered to provide financing for acquisition or construction of the property) E Legal Services Real Estate Brokers / ❑ xi Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO { Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development ❑ j contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 4,.. t ,:i_ 4,„' ,_ Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. (---- = C- cfri'?. GJ t 4-0,=170 5 V7E4 k APPLICANT'S SIGNATURE PRINT NAME Page 5 of 7 NWvv>> iO ».xi '1Vis` t , kJ CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: A Resolution Authorizing the Execution of a Memorandum of Agreement for the Contribution of Funds to the Department of the Army for Rudee Inlet Additional Work MEETING DATE: August 21, 2018 • Background: The City and the United States Army Corps of Engineers collaborate of various projects including the maintenance of Rudee Inlet. For an upcoming maintenance dredging project, the Corps has offered the opportunity for the City to contribute local funds for additional work. The additional work is the dredging of the Rudee Inlet Outer Deposition Basin, North and South Jetty Areas, and the Entrance Channel Transition Area, all with placement on the Resort Beach. The cost of the additional work is $1 ,600,000. As with other projects, the Corps requires the City to enter into a Memorandum of Agreement(the "MOA"), which provides that the City will contribute a specified amount of funds for the project. The MOA requires the City hold the Army harmless from all damages arising out of the project except for damages that are the fault of the Army or the Army's contractors. • Considerations: Funds are available for this effort in the adopted Capital Improvement Program. • Public Information: This item will be advertised as part of the normal Council agenda process. • Recommendations: Approval of the attached ordinance. • Attachments: Resolution, Summary of Material Terms Recommended Action: Approval Submitting Department/Agency: Public Works 7�,,,g,r' City Manager: I 1 A RESOLUTION AUTHORIZING THE EXECUTION OF 2 A MEMORANDUM OF AGREEMENT FOR THE 3 CONTRIBUTION OF FUNDS TO THE DEPARTMENT 4 OF THE ARMY FOR RUDEE INLET ADDITIONAL 5 WORK 6 7 WHEREAS, the United States Congress amended the U.S. Code to allow a 8 political subdivision to contribute funds to the Department of the Army for a project such 9 as the Rudee Inlet Additional Work (the "Project"); and 10 11 WHEREAS, the "Additional Work" referenced in the proposed Memorandum of 12 Agreement includes dredging of the Rudee Inlet Outer Deposition Basin, North and South 13 Jetty Areas, and the Entrance Channel Transition Area, all with placement on the Resort 14 Beach; and 15 16 WHEREAS, the current estimated City contribution for the Project is $1,600,000; 17 and 18 19 WHEREAS, the dredging and placement of dredged material on the Resort Beach 20 serves many public interests including the protection of property, the enhancement of the 21 City's natural resources, and the encouragement of commerce and tourism. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA, THAT: 25 26 The City Manager is hereby authorized and directed to execute a Memorandum of 27 Agreement for the Contribution of Funds in the amount of$1,600,000 with the Department 28 of the Army for Rudee Inlet Additional Work, a copy of the material terms of this 29 agreement is attached hereto and incorporated. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 41 d /t/ — Department of Public Works City Attorn y's Office CA14510 R-1 August 10, 2018 Summary of Material Terms Memorandum of Agreement for Rudee Inlet Additional Work Parties: Department of the Army (the "Government") City of Virginia Beach(the "City") Purpose: Contribution of funds for dredging of the Rudee Inlet Outer Deposition Basin, North and South Jetty Areas, and the Entrance Channel Transition Area, all with placement on the Resort Beach(the "Project") City's Obligation: 1. To provide $1,600,000 to pay costs associated with the Project,including the costs of environmental compliance, supervision and administration,and engineering and design. 2. Within thirty(30) calendar days of execution of the MOA,the City shall provide the funds to the Government by delivering a check payable to "FAO, USAED Norfolk District" to the District Engineer or providing an Electronic Funds Transfer of such funds in accordance with procedures established by the Government. Government's Obligation: 1. To provide the City with quarterly reports of obligations for the Project. The first such report shall be provided within thirty(30)calendar days after the final day of the first full quarter of the Government fiscal year following receipt of funds pursuant to this MOA. Subsequent reports shall be provided within thirty (30) calendar days after the final day of each succeeding quarter until the Government concludes the Project. 2. Upon conclusion of the Project and resolution of all relevant claims and appeals, the Government shall conduct a final accounting of the costs of such work and furnish the City with written notice of the results of such final accounting. If the costs of the Project are less than the sum of the Federal funds and the amount of funds provided by the City, the Government shall refund the excess to the City within thirty (30) calendar days of such written notice. Project Coordination: Representatives of the Army's District Engineer and the City will coordinate to oversee the Project. Indemnification: As required in previous coordination agreements,the City will agree to hold the Government harmless from all damages arising from the Project except for damages due to the fault or negligence of the Government or its contractors. IH CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Approve the VDOT Design of Laskin Road Phase I-A, CIP 2-126 (UPC 111711) & Laskin Road Bridge Replacement, CIP 2-040 (UPC 12546) MEETING DATE: August 21, 2018 ■ Background: VDOT hosted a Design Public Hearing for the Laskin Road Improvement Project on Thursday, December 14, 2017, at First Colonial High School. The purpose of this meeting was to update the community on the final design features of the project. This Laskin Road Improvement Project combines two City Capital Projects, Laskin Road Phase I-A, CIP 2-126, and Laskin Road Bridge Replacement, CIP 2-040 (State Project Numbers: 0058-134-862 and 0058-134-F02; UPCs: 111711 and 12546). VDOT has elected to combine the projects under one construction contract. The project first appeared in the City CIP in FY 1991-92. Since that time, VDOT has completed the design, acquired right of way, and relocated public and private utilities. The public utility work included boring new water and sewer mains under Linkhorn Bay. VDOT is currently working to finalize the design, addressing issues such as storm water management, sea level rise, additional real estate acquisition, City IT fiber optic network, and impacts to existing parking. The scope of the project includes construction of an 8-lane divided highway on Laskin Road from Republic Road to Red Robin Drive. This will also include widening First Colonial Road to a 6-lane divided highway from Laurel Lane south to 1-264. The improvements will include 11-foot travel lanes, a 14-foot outside shared use lane, curb & gutter, replacement of the Linkhorn Bay Bridge, a 5-foot wide sidewalk on the south side of Laskin Road, and a 10-foot wide multi-use path on the north side of Laskin Road. The project will also eliminate the existing feeder roads within the proposed limits. The total project cost is $122.75 million. The project has a combination of federal, state, and local funding, that includes $25 million of VDOT SMART SCALE funding and $39.1 million of local funding. The project is scheduled to be advertised for construction in early 2019. • Considerations: In accordance with the VDOT Urban Construction and Maintenance Program, municipalities must provide a council resolution approving the project design before acquisition and construction can proceed. The City and the public have had the opportunity to review and comment on the VDOT design. The resolution includes approval of the major design features as well as the authorization to continue with right-of-way acquisition. • Public Information: The most recent Public Meeting was a Design Public Hearing, held on December 14, 2017 to update citizens and to receive comments on the major design features of the roadway. These comments were reviewed and incorporated into the design. This item will be advertised using the normal Agenda Process. • Recommendations: Adopt the attached resolution. ■ Attachments: Resolution, Location Map, Typical Roadway Section Recommended Action: Approval Submitting De•a - - - Agency: Public Works/Engineering 1--", City Manager. 1 RESOLUTION FOR DESIGN APPROVAL LASKIN 2 ROAD PHASE I-A, CIP 2-126 (111711) & LASKIN 3 ROAD BRIDGE REPLACEMENT, CIP 2-040 (12546) 4 5 WHEREAS, a Design Public Hearing was conducted on December 14, 2017, in 6 the City of Virginia Beach by representatives of the Commonwealth of Virginia, 7 Department of Transportation after due and proper notice for the purpose of considering 8 the proposed design of Laskin Road Phase I-A Project (State Project Numbers: 0058- 9 134-862 and 0058-134-F02; UPCs: 111711 and 12546) in the City of Virginia Beach, at 10 which hearing drawings and other pertinent information were made available for public 11 inspection in accordance with state and federal requirements; and 12 13 WHEREAS, all persons and parties in attendance were afforded full opportunity 14 to participate in said public hearing; and 15 16 WHEREAS, representatives of the City of Virginia Beach were present and 17 participated in said hearing; and 18 19 WHEREAS, the City Council had previously requested the Virginia Department of 20 Transportation to program this project; and 21 22 WHEREAS, the City Council considered all such matters; 23 24 NOW, THEREFORE, BE IT RESOLVED THAT THE COUNCIL OF THE CITY 25 OF VIRGINIA BEACH, VIRGINIA, THAT: 26 27 1. The Council hereby approves the major design features of the proposed project 28 as presented at the Public Hearing on December 14, 2017, which are set forth 29 on the Location Map and Typical Roadway Section attached hereto. 30 31 2. The Virginia Department of Transportation is hereby requested to acquire all 32 rights of way necessary for this project conveying said rights of way to the City at 33 the appropriate time. 34 35 3. The City Manager or his designee is hereby authorized to execute on behalf of 36 the City of Virginia Beach, all the necessary utility agreements required in 37 conjunction with acquiring such rights of way. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: X47, Department o Public Works City A orney's •ffice CA14508 R-1 August 9, 2018 • be N O 6 w n Eflarw'II in—o ti ci.3_, W z N 41. C I_=: s•v O - .z . of I F Q CC h L,alu ii y C m it (..) 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W iyd y p Di f- i W vm a / A „J.H IN'Ut -• R 11, • r #!� fu, �+G g m,•,.,, d a L'1 ire N 'a °a W llhl 7 a Ute 4_ i 6 € a . 5 b la v O = c > )10 01411/ rirrr: 07111._ Will Q� / ®A�Is St�la pro = CO d ° L.J Prat as •.c u w r.[Isata.– w �p� �, eye • h[ci• �. C., 1/4/W i r,EPp,y_e NOIl-'HIS. Y a 13 •-NC3 lt NO ,Ex1 p"OrAgv3.D3. - au 00- _t� to N 3l/.,•i1`� IIIIF I lir A'. d 1I- 41-7 ti**ICEZ) 4 ii CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Establish Capital Project 3-163, EMS Headquarters Audio Visual Upgrades, and to Transfer Funds from CIP 3-503, Housing Resource Center, to CIP 3-163 MEETING DATE: August 21 , 2018 • Background: The Department of Emergency Medical Services administrative headquarters houses the EMS Training Center, which teaches more than 500 students per year in both initial certifications, continuing education, and special operations classes. The facility houses two conference rooms and three classrooms that are available to all City and Volunteer Rescue Squad entities meetings, training and other functions. The EMS headquarters also hosts the training center for the Department of Emergency Communications and Citizen Services. The Department of EMS is seeking to install state-of-the-art audio visual equipment, to include video conferencing capability that will produce multiple outcomes for EMS and other departments. These tools will allow the EMS administrative headquarters to be a fully functioning back up 911 and Emergency Operations Center (EOC) in the event of a failure of the current EOC located at Building 30. It will also provide distance learning capabilities for EMS students, a remote meeting site, and an interactive platform for instructors to easily display interactive material and increase visual learning objectives. • Considerations: The Housing Resource Center, CIP 3-503, is nearing completion and has an unexpended appropriation balance that has been retained for contingencies. The current funds available in CIP 3-503 are $1,775,166. It is anticipated that an amount of $1 ,358,000 will be sufficient to support the remaining needs to complete the Housing Resource Center. This provides an opportunity to redirect $417,166 in funding to meet other City needs. The Department of Emergency Medical Services is requesting $250,000 to fund the audio visual upgrades at the EMS Headquarters building. There is another request on Council's August 21, 2018 Agenda that seeks the use of funds from CIP 3-503, and if both are approved, the $417,166 will be fully utilized. EMS requests the establishment of a new Capital Improvement Project 3-163, "EMS Headquarters Audio Visual Upgrades,"to complete the necessary enhancements of EMS administrative headquarters, which includes the facility's ability to function as a backup 911 and Emergency Operations Center. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Adoption '4;V//f)''------- Submitting Department/Agency: Department of Emergency Medical Services City Manager: SJ% 1 AN ORDINANCE TO ESTABLISH CAPTIAL PROJECT 3-163, 2 EMS HEADQUARTERS AUDIO VISUAL UPGRADES, AND 3 TO TRANSFER FUNDS FROM CIP 3-503, HOUSING 4 RESOURCE CENTER, TO CIP 3-163 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1. Capital Project 3-163, EMS Headquarters Audio Visual Upgrades, is hereby 10 established in the Capital Improvement Program; and 11 12 2. $250,000 is hereby transferred from CIP 3-503, Housing Resource Center, to 13 CIP 3-163, EMS Headquarters Audio Visual Upgrades. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: j - 7- ki - Budget and Management Services Cit A orrey's Office CA14506 R-1 August 7, 2018 u eek , kr Wy 07— Id 1`w: CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Transfer Funds from CIP 3-503 Housing Resource Center to CIP 3-149 Various Buildings Rehabilitation and Renewal IV for Electrical Upgrades to the Farmer's Market MEETING DATE: August 21 , 2018 • Background: The Farmer's Market is in need of electrical service upgrades on the front lawn adjacent to Dam Neck Road. This highly visible area is used for various events including carnivals in the Spring and Fall, the Food Truck Rodeo, live entertainment, Christmas tree sales, and various other events. The electrical service upgrade will enable this venue to include a seasonal ice skating rink and other holiday-themed special events. Additionally, it will provide a safer public environment by eliminating the need for the diesel generators that are currently being used. The added seasonal ice skating rink is projected to operate from late November through the Christmas holiday, with a possibility of being extended until Valentine's Day. The upgrade to the electrical service will enhance all of the front lawn events, providing increased patronage and revenue to the Farmer's Market especially during the off-season Winter months. The total request for funding is $167,166. • Considerations: The Housing Resource Center, CIP 3-503, is nearing completion and has a balance that has been retained for contingencies. The current funds available in CIP 3-503 are $1,775,166. It is anticipated that an amount of $1,358,000 will be sufficient to support the remaining needs to open the Housing Resource Center. This provides an opportunity to redirect$417,166 in funding for meeting other City needs. This request seeks the use of $167,166 from CIP 3-503 for the Farmer's Market electrical service upgrades. There is another request on Council's August 21, 2018 Agenda that seeks the use of funds from CIP 3-503, and if both are approved, the $417,166 will be fully utilized. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval ft Submitting Dep- - ¶Agency: Department of Agriculture _ ., s_ City Manager: 1 AN ORDINANCE TO TRANSFER FUNDS FROM CIP 3-503 2 HOUSING RESOURCE CENTER TO CIP 3-149 VARIOUS 3 BUILDINGS REHABILITATION AND RENEWAL IV FOR 4 ELECTRICAL UPGRADES TO THE FARMER'S MARKET 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $167,166 is hereby transferred from CIP 3-503 Housing Resource Center to CIP 10 3-149 Various Buildings Rehabilitation and Renewal IV to allow for electrical upgrades to 11 be completed at the Farmer's Market. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: � C RA �� Budget and anagement Services C' o -ey s Office CA14505 R-1 August 6, 2018 o� Zzi? Itl ., rf CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate the FY 2018-19 Supreme Court of Virginia Drug Treatment Court Docket Grant Funds and to Authorize an In-kind Grant Match MEETING DATE: August 21, 2018 • Background: The FY 2019 Supreme Court of Virginia Drug Treatment Court Docket Grant (the "Grant") is offered through the Office of the Executive Secretary of the Virginia Supreme Court. The Grant is the result of a long-term funding strategy designed to provide long-term funding for the drug treatment court dockets. On July 29, 2018, the Virginia Beach Adult Drug Treatment Court (VBADTC) program received notification of the award in the amount of $23,790 in State funds for FY 2018- 19. Administration of the Grant will be through the Commonwealth Attorney's Office. These funds will be used to provide in-patient treatment, to purchase drug testing supplies and to purchase supplies necessary to provide a continuum of care for VBADTC participants. • Considerations: The Grant requires a 25% local match. This match may be made with in-kind resources, and the Department of Human Services is willing and able to provide the match. • Public Information: Normal Council Agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Commonwealth Attorney's Office City Manage ipie 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE THE FY 2 2018-19 SUPREME COURT OF VIRGINIA DRUG 3 TREATMENT COURT DOCKET GRANT FUNDS AND TO 4 AUTHORIZE AN IN-KIND GRANT MATCH 5 6 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 7 VIRGINIA BEACH, VIRGINIA, THAT: 8 9 1 . $23,790 from the FY 2018-19 Supreme Court of Virginia Drug Treatment Court 10 Docket Grant is hereby accepted and appropriated, with estimated revenues increased 11 accordingly, to the Commonwealth Attorney's Office FY 2017-18 Operating Budget; 12 13 2. The grant match (25%) is to be made in-kind by the Department of Human Services. Requires an affirmative vote by a majority of all of the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City Attorney's Office CA14507 R-1 August 7, 2018 K. PLANNING 1. VISION, INC./ BEATRICE R. SMALL for a Variance to Section 4.4(b) of the Subdivision Regulations re lot width at 5558 Daniel Smith Road DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 2. GREENWAY TOWING, LLC, T/A ARISTOCRAT TOWING/ 800 BLOCK PROPERTIES, LC for Modification of Proffers and Conditions re bulk storage yard at 1608 Washington Avenue (Approved on August 14, 2001, and Modified on May 8, 2012) DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 3. WAL-MART REAL ESTATE BUSINESS TRUST for a Conditional Use Permit re bulk storage yard at 2021 Lynnhaven Parkway DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 4. WAL-MART REAL ESTATE BUSINESS TRUST for a Conditional Use Permit re bulk storage yard at 657 Phoenix Drive DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 5. WAL-MART REAL ESTATE BUSINESS TRUST for a Conditional Use Permit re bulk storage yard at 546 First Colonial Road DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 6. WAL-MART REAL ESTATE BUSINESS TRUST/LAKE GEM II, LLC for a Conditional Use Permit re bulk storage yard at 1149 & 1169 Nimmo Parkway DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 7. RONALD F. GIESIN, JR.,/ DOWNS PROPERTIES, INC., for a Conditional Use Permit re motor vehicle rentals at 519 North Witchduck Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 8. LYNNHAVEN AREA PROPERTIES, LLC for a Conditional Use Permit re car wash and automotive repair establishment at the northwest corner of Laskin Road and Regency Drive DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 9. Ordinance to AMEND Section 104 of the City Zoning Ordinance (CZO) re maximum and minimum misdemeanor fines for violations RECOMMENDATION: APPROVAL ref'NCA B za� rcb CyyG� y, t2 e7r7, s C�ec. rAR NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Building, Municipal Center, Virginia Beach, Virginia, on Tuesday, August 21,2018 at 6:00 p.m.,at which time the following applications will be heard: Ronald F. Giesin, Jr. [Applicant] Downs Properties,Inc.[Owner]Conditional Use Permit (Motor Vehicle Rentals) 519 N. Witchduck Road(GPIN 1467982404)COUNCIL DISTRICT -BAYSIDE Lynnhaven Area Properties, LLC [Applicant & Owner] Conditional Use Permit (Car Wash & Automotive Repair Establishment)Near Corner of Laskin Road and Regency Drive (GPIN 2407485295)COUNCIL DISTRICT-BEACH Greenway Towing, LLC t/a Aristocrat Towing [Applicant] 800 Block Properties, LC [Owner] Modification of Proffers & Conditions (Bulk Storage Yard)1608 Washington Avenue(GRIN 2417862074)COUNCIL DISTRICT-BEACH Wal-Mart Real Estate Business Trust [Applicant] Lake Gem II, LLC; Wal-Mart Real Estate Business Trust[Owners]Conditional Use Permit (Bulk Storage Yard) 1149 & 1169 Nimmo Parkway (GPINs 2414256765, 2414261130)COUNCIL DISTRICT-PRINCESS ANNE Wal-Mart Real Estate Business Trust [Applicant/Owner]Conditional Use Permit(Bulk Storage Yard) 546 First Colonial Road (GPIN 2407877650)COUNCIL DISTRICT-BEACH Wal-Mart Real Estate Business Trust [Applicant/Owner]Conditional Use Permit(Bulk Storage Yard)2021 Lynnhaven Parkway(GRIN 1475970297) COUNCIL DISTRICT - ROSE HALL Wal-Mart Real Estate Business Trust [Applicant/Owner]Conditional Use Permit(Bulk Storage Yard) 657 Phoenix Drive (GPIN 1496387496)COUNCIL DISTRICT-BEACH Vision, Inc. [Applicant] Beatrice R. Small [Owner] Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) 5558 Daniel Smith Road (GPIN 1468414674) COUNCIL DISTRICT-KEMPSVILLE CITY OF VIRGINIA BEACH - An Ordinance to Amend Section 104 of the City Zoning Ordinance pertaining to the Maximum and Minimum Misdemeanor Fines for Violations All interested parties are invited to attend. Amanda Barnes,MMC City Clerk Copies of the proposed ordinances,resolutions and amendments are on file and may be examined in the Department of Planning or online at:httn://www.vbrov.com/pr. For information call 385-4621. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303; Hearing impaired call 711 (Virginia Relay-Telephone Device for the Deaf). BEACON:August 5&12,2018-1 TIME EACH. `u wimp CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VISION, INC. [Applicant] BEATRICE R. SMALL [Property Owner] Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) for the property located at 5558 Daniel Smith Road (GPIN 1468414674), COUNCIL DISTRICT — KEMPSVILLE. MEETING DATE: August 21, 2018 • Background: This almost one-acre lot was created by deed in January of 1953, which was an acceptable practice at that time. Currently, a mobile home exists on the property, which the applicant proposes to remove in order to subdivide the property into two parcels, each with a new single-family dwelling. Both proposed lots will far exceed the minimum lot area of 7,500 square feet; however, a lot width of just 66 feet, rather than 75 feet, is proposed for each of the new parcels. Based on this, a Subdivision Variance to lot width is requested in order to create these new lots. • Considerations: While the lot widths of the proposed parcels will be deficient by approximately nine feet, the parcels are proposed with more than three times the minimum lot area. There are similarly sized lots in the vicinity and a predominance of residentially zoned properties in the area. The granting of the Subdivision Variance will result in the construction of two attractive homes on large lots that are similar to both the surrounding land uses and the pattern of development. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. 1. When subdivided, the property shall be developed as shown on the submitted preliminary plat entitled "Exhibit Plat for Subdivision Variance for Lot Width # 5558 Daniel Smith Road (GPIN 1468-41-4674) for Vision, Inc., Virginia Beach, VA," dated 4/27/2018, and prepared by John E. Sirine and Associates, LTD., 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 Department of Planning and Community Development. VISION, Inc. Page 2 of 2 2. When the property is developed, the residential dwellings constructed shall have architectural features, and appearance of like quality and character to the homes depicted on page 7, entitled "Proposed Elevations", in this Staff Report, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development. 3. All parcels shall connect to City water via a single and exclusive water service line. 4. All parcels shall connect to City sewer via a single and exclusive sanitary sewer lateral. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Depart -nt/Agency: Planning Departure City Manager: Applicant Vision, Inc. Agenda Item Property Owner Beatrice R. Small Public Hearing July 11, 2018 r,,.i City Council Election District Kempsville Virginia Beach Request Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) a f \_____ Staff Recommendation i W `\'.,.W,, 1 t f a < ,.. 3 Approval1, k F 4. j 4.; Staff Planner °4 % � 4 Marchelle Coleman 14 7. " ,h,' i a 5 IP q, 4,, 4..../ Location .+ a 5558 Daniel Smith Road ` .4 A ,i GPIN 1468414674 1"$ ::: ,i(C/. €' ``�w 42,215 square feet �r" ham AICUZ "� i Y'',. Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District , ;�4 t ' ,� '- -• Mobile home /R-7.5 Residential y43k ' . k . OA I7 Surrounding Land Uses and Zoning Districts ,:w ,. `' North c . + 1. Single-family dwellings /R-7.5 Residential 1 - • 1_! :, t South j. . * - / z%- / R , "r .' Daniel Smith Road f � Single-family dwellings /R-7.5 Residential i.r. `,4 1 , ' ,F Eastt i4 ' f , - Single-family dwellings /R-7.5 Residential � ... � , West J' 4414, Single-family dwellings, senior housing facility/ 1' R-7.5 Residential • t•�`„ • ,� r r Vision, Inc. Agenda Item 11 Page 1 • Background and Summary of Proposal • This lot was created by deed in January of 1953 (Deed Book 319, Page 394). Currently, a mobile home exists on the property. Existing Lot p.` - /4/fin/ • The applicant is proposing to subdivide the existing lot into two parcels to construct two single-family dwellings. Proposed Lot Configuration of Qom* Lot A Lot B Smith oa • The proposed lots will be nearly 21,000 square feet each, which exceeds the minimum lot area requirement in the R-7.5 Residential District of 7,500 square feet by nearly 13,600 square feet. However, each of the lots is proposed with a lot width of 66.17 square feet, which is deficient in meeting the minimum lot width requirement of 75 feet for parcels in the R-7.5 Residential Zoning District. Therefore, the applicant is requesting a Subdivision Variance to the lot width requirement. Vision, Inc. Agenda Item 11 Page 2 Required Proposed Lot A Proposed Lot B Lot Width in Feet 75 66.17* 66.17* Lot Area in Square Feet 7,500 21,115 21,100 *Subdivision Variance is required to lot width. • The applicant has provided elevations for the two proposed dwellings. The two-story single-family dwellings will have vinyl siding as the primary exterior building material with attached garages. Detailed elevations are depicted on page 11 of this report. 8-1 B-9- l I/ R-7 7/ r7. No Zoning History to Report 44,4, %so R-7.5 R.7 5 o R-7.5/ 4.5 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—FloodplainVariance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—SubdivisionVariance Evaluation and Recommendation Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. Vision, Inc. Agenda Item 11 Page 3 The applicant requests a Subdivision Variance to Section 4.4(b) of the Subdivision Regulations for lot width for proposed Lots A & B, which are both deficient in lot width by 8.83 feet. While the lots do not meet the required 75 feet of lot width, the proposed subdivision is consistent with the pattern of development along this street and throughout this area of Virginia Beach. Moreover, Staff believes that granting of a variance will not result in substantial detriment to adjacent properties and will not adversely affect the character of the neighborhood. Staff recommends approval of the applicant's request for a variance to Section 4.4(b) of the Subdivision Regulations subject to the conditions below. Recommended Conditions 1. When subdivided, the property shall be developed as shown on the submitted preliminary plat entitled "Exhibit Plat for Subdivision Variance for Lot Width #5558 Daniel Smith Road(GPIN 1468-41-4674) for Vision, Inc., Virginia Beach, VA," dated 4/27/2018, and prepared by John E. Sirine and Associates, LTD.,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 Department of Planning and Community Development. 2. When the property is developed, the residential dwellings constructed shall have architectural features, and appearance of like quality and character to the homes depicted on page 7, entitled "Proposed Elevations", in this Staff Report, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development. 3. All parcels shall connect to City water via a single and exclusive water service line. 4. All parcels shall connect to City sewer via a single and exclusive sanitary sewer lateral. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code,including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through a careful mix of land uses and compatible infill development, site and building design that is visually interesting, encourages greater social interaction and provides a memorable character, improved mobility, and promote sustainability and responsive action to changes in our environment. (pp. 1-61-1-62) Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There does not appear to be any significant natural or cultural features associated with the site. Vision, Inc. Agenda Item 11 Page 4 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Daniel Smith Road No Data Available Existing Land UseZ 10 ADT Proposed Land Use 3-20 ADT 1AverageDailyTrips 2as defined by one single- 3 as defined by two single-family familydwelling dwellings Public Utility Impacts Water There is an 8-inch City water main along Daniel Smith Road. Both parcels must connect to City water. Sewer There is an 8-inch City sanitary sewer gravity main and a 10-inch sanitary sewer force main along Daniel Smith Road. Both parcels must connect to City sanitary sewer. Vision, Inc. Agenda Item 11 Page 5 Proposed Site Layout 7. This is to certify(hat I.On APRIL 27. 20ts - st.rveye0 li'1dpTopefy shown on this plat end toff the tine lines end the walls of the buildings ETC as Shown on this plot > ,_1 .. T c I1l.11mnp5 stand aviclly within tho liter lines and there are no encroachments of other uddWLps op the,ppperty. except Es shown4 27]� Z�65J ex SKjned' �'r ( t . le./141-41-01 _ r 7 p4 LOT 8 BAYS/DE PLAC-E `'P4,;�:- DAYSIDE PLACE ROCKY RUN (INSTR II 200912180211118) (INSTR 8200312180211118) COURT 150'13NV) NOW OR FORMERLY NOW OR I-ORMEF4LY NICHOLAS C.RI VERA FEDERICO E TOLENTiNO (INSTR.W20150112000211040) (INSTR.#2004002001554 t8) 5 559.224.93-E GPIN 1460-41.6795 GPIN 1468-41-5815 Foca R 1 +92.16' -.-c-..® __ ---- ME.NT est SUBDIVISION PLAT OF TRACT A. ' 'x S'CRp,IIIAGE fJtSE PART OF BLOCK 12.NEWSOME I-ARM '0 - i1RS1+1 a'001121a0L1t1T41 (M 8 2?0,P. 19 8 14) Est T'P I ;n 1 f� Cw NOW OR!-ORMERLV '` , KATHERINE L JOHNSON `�"� �o:' (D.B.9418.P.1450) I1/4"tir.- i Ir -. GPIN 1468-41-6677 1. ,p Q 2ti-�-. �.- 1 ' LOT'C' NOW pit FUHMEett'. 1 GP_1's1 146 41-4674 SUBDIVISION PLAT OF TRACT A. HCMF%%IX,LLC Ili PART OF BLOCK t2.NEWSOME FARM gg 42,215 40 F T (M B 220.P.13 6 14) (NST• 42013010200000571- ,7 ' O f- (M 9 66,P 34HM.B,13b.P 3 , 1!� W g GPini 1460-41-1758 61 I _G } NOW OR FOHMrHLY GPIN,466-4+.6677 < gicot? ,; MICHELLE M MCNTYRF H +0'+ ;INSTR •2004090101431411I ~2,,L: I O 0 N GPIN 14438.41.e631 tl , I cis ,0 - lu J, N)§ LO1'B' Y. C�' ,-, d^ t SUBDIVISION PLAT OF 1 HAC I A. _ 0 7.. • PART OF BLOCK 12.NEWSOME FARM tY�' 2I CC ?2 I (M.8 .P 198/4) o II }7 fAYODNOW OR FURMERt Y NEI'. LEONARD COOPER.Ill PROPOSED 1 PROPOSED (INSTR.#20121214001433810) GPIN 1488-41-5505 LOT.A , . Lb1B li I1,' I Lot'A• LU -** � I ` SUBCIVISION PLAT OF TRACT A, PART OF BLOCK 12.NEWSOME FARM d '24;0. 4;0.•I $ (M 13 220.P 13 8 14) �( -'PE .J NOW OR FORMERLY Py'"Ert : WILLIE A.HAROLD P:,k 111.=1.111 • K,, - (INSTR 112009021100206,42) Q - _ _- _ 4 `-X11'--- (SPIN 1460.4/-1.45/1 !, 1• .544 ...... 1 1d aflilACR Ro a.J I y tier c•MARA CN 2 ' C"CMI YEa2 .11' 117.+8 CA, Oto .. 6A-414;6=1.53'14' 12.34'(F IELOj - .,, W 132.90'(P;yt) NODS DANIEL SMITH ROADPROPERTY o 5 500E91 NEDTOEtOetTSOE (50'fLIW -U B.2707.P ,964) 521 ANNUM.C.MNCE 1000PIM11 As SHOWN ON NATIONAE 1,1.000 CISNRANCC PROGRAM MAP OV T16 CITY Of v1Ro4.A s.ACR,51146005 OPTED.PAI ,4,2014 MAP NVM0ER 5114.100019 2 TMS SUR YE V WAS PREPARED RR/140u 1 Ipt 6ENCTIT 1,u A TM!f6PORT AIF}EAT ha 11./A1 NOt allow AC.AMATTCRS Of Tate A/70[TP. KHI-.Ft I or ^lofnNf Two.,I1,rneax. } PROf[R1Y TONT[A T EXHIBIT PLAT FOR SUBDIVISION VARIANCE FOR LOT WITH #5558 DANIEL SMITH ROAD (GPIN 1468-41-4674) FOR :::i..47:7,,..1504/1OS1R.S 2120400X-0411200101 ]*4000 1b P ) VISION INC. VIRGINIA BEACH. VIRGINIA SCALE 1'•SO' APRIL 27.2018 JOHN E. SIRINE AND ASSOCIATES, LTD. SURVEYORS ENGINEERS • PLANNERS VIRGINIA BEACH,VIRGINIA JO H7.Pit, P.S 689,P.3C Vision, Inc. Agenda Item 11 Page 6 Proposed Elevations • liosia•awrimui_a LISI-Yrts WO.. t 1.17 r' ¢"s MOM'EEJAnat _ _ .- Cr MC 9.�JAr O. rote _ iAS1Aua bCe a''. tr....... i Fn F t:WI P•rM4 +e2 e.=. •."d3. I J�..9Fc` P r‘,.41-4A'J.} 4.214 E.F. 'v� �TiiT 'LYA:J, :?ACE L N$S. J. S C r9S/Jr, a.,.., FAQ f_lVATlOM 5• 7., �I II ...... — E =. .�._ l € �. , Oji , -- -- - - I = __ G_ _ �.,,i sm.d _ __ _. MOMT Oar/A11011 !USW BID!CAVA710,1 MIME 41164, ��NTFLOORPJN .ea rs_ i NOM PLOOMPLAN hump. '" TOTAL LIMNS ICAC[ e.1N ad. '� I .---� • FFF� _ f - h 49,6"..- i S so a .;.1 am NE,R CLNATP! --- ` -,_"_. �..r.,.. - .._...—.�.e -- - f.DE LEVATpN -. Vision, Inc. Agenda Item 11 Page 7 Site Photos r-,.,., , "_- tom# t ' ei, 't . -;. 4'. .",t . y 1-4 Y A r < a i r -',..........r �. 1 ;.a -, --- ww--m,. :X'-." '••e: +__ r y, -re ! -tom ' ;..?-;:- ' - ' -,1", .s i,,,. , -1r—— '' ''''' w --,- .�� Aft_ ; elfr Vision, Inc. Agenda Item 11 Page 8 Disclosure Statement Ni3 irginia Beach APPLICANT'S NAME vision, Inc. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE rot: USI Ziac-d IA', Paye 1 of 7 petta., _. D47 g}iii rive Marchelle L. Coleman 0 R(VICIcNcGl'.EMITTI• C=" Vision, Inc. Agenda Item 11 Page 9 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership. firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Vision, Inc. If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) Lawrence M. Sancilio-PresidentlTreasurer Anthony J. Sancilio-Vice President/Secretary Brian K. Wilson-Vice President (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Vision Enterprises, LLC See next page for information pertaining to footnotes1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN. complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Vision, Inc. Agenda Item 11 Page 10 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation. See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 -Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship. that exists when(i)one business entity has a controlling ownership interest in the other business entity. (ii)a controlling owner in one entity is also a controlling owner in the other entity. or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act. Va.Code§ 2.2-3101. 4 ..®_.-- ,- • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Vision, Inc. Agenda Item 11 Page 11 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) • FiI I Accounting and/or preparer of Des Roches&Company CPAs, P.C. ' I your tax return I• n Architect/ Landscape Architect/ BKM Enterprises. LLC DBA Brian I Land Planner Meekins&Associates ❑ Contract Purchaser(if other than // the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed T purchaser of the subject property (identify purchaser(s)and purchaser's service providers) • nConstruction Contractors Fillmore East Construction,LLC nEngineers/Surveyors/Agents John E.Sirine&Associates,LTD Financing (include current Acquisition-CASH • n mortgage holders and lenders Construction-Joseph W.&Diane S. selected or being considered to Kesterson(Private Funding) provide financing for acquisition or construction of the property) • CLegal Services Donald E. Lee,Jr.&Associates,P.C. Real Estate Brokers / Brenda M.Loeback n Agents/Realtors for current and Rose&Womble Realty anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ m an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Vision, Inc. Agenda Item 11 Page 12 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is I complete,true, and accurate. a I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA 4 meeting, or meeting of any public body or committee in connection with this Application. VISION INC-. • SII-AA 1-dioi__ enrc M1%•5 nu(�o far/70/g IGNT'S SIGN RE PRINT NAME TE Page 5 of 7 Vision, Inc. Agenda Item 11 Page 13 Disclosure Statement NIA OWNER Virginia Beach l YES NO SERVICE I PROVIDER(use additional sheets ifI needed) (� I I Accounting and/or preparer of Due Jones I I your tax return H&R Block l i Architect/ Landscape Architect/ ` ' Land Planner Contract Purchaser(if other thart the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed rl X purchaser of the subject property l (identify purchaser(s)and purchaser's service providers) LX Construction Contractors XEngineers/Surveyors/Agents Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 7 Legal Services Meg Porter Coleman&Coleman PLC ��1 Real Estate Brokers / Amy D.Carder ❑ Agents/Realtors for current arid Carder Realty Group.Inc. anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? It yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Vision, Inc. Agenda Item 11 Page 14 Disclosure Statement .w,/ . V([giala Bea* - CERTIFICATION 1 certify that all of the Information contained Ih this blsdosurd Statement Form i I complete,true,and accurate. l 1 understand that, upon receipt of notification that the application has been 1 scheduled for public hearing, I am responsible for updating the Information provided herein two weeks prior to the Planning Commission, Council, VRDA meeting, or meeting of any public body or committee in connection with this Application. Page 7 of 7 Vision, Inc. Agenda Item 11 Page 15 Item#11 Vision, Inc. Subdivision Variance 5558 Daniel Smith Road District-Kempsville July 11, 2018 CONSENT Ms. Rucinski: Right. The next item to be consent is item number eleven for Vision Inc and that is an application for a subdivision variance section 4.4 (b) of the subdivision regulations on property located at 5558 Daniel Smith Road, district Kempsville. Can you state your name for the record? Mr. Sancilio: Tony Sancilio. Ms. Rucinski: Are the conditions acceptable? Mr. Sancilio: Yes maam. Ms. Rucinski: Alright, thank you. The chair has asked Commissioner David Weiner to read this into the record. Mr. Weiner: Thank you. This is a request for a subdivision variance. The lot was created by deed in January 1953. Currently, a mobile home exists on the property. The applicant is proposing to subdivide the existing lot into two parcels to construct the two single-family dwellings. The proposed lots will be nearly 21,000 square feet each, each of the lots is proposed with a lot width of 66.17 feet, which is deficient in meeting the minimum lot width requirement of 75 feet for parcels in the R-7.5 Residential Zoning. Therefore, the applicant is requesting a Subdivision Variance to the lot width requirement. We have recommended approval and put it on the consent agenda. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER ABSENT REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE 1 Ms. Cartwright: By recorded vote of 10-0, the items number one, two, three, five, six, eleven, thirteen, fifteen, and eighteen have been approved by consent with commissioner Hodgson abstaining from item number 15. CONDITIONS 1. When subdivided, the property shall be developed as shown on the submitted preliminary plat entitled "Exhibit Plat for Subdivision Variance for Lot Width# 5558 Daniel Smith Road (GPIN 1468-41-4674) for Vision, Inc., Virginia Beach, VA," dated 4/27/2018, and prepared by John E. Sirine and Associates, LTD., 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 Department of Planning and Community Development. 2. When the property is developed, the residential dwellings constructed shall have architectural features, and appearance of like quality and character to the homes depicted on page 7, entitled "Proposed Elevations", in this Staff Report, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development. 3. All parcels shall connect to City water via a single and exclusive water service line. 4. All parcels shall connect to City sewer via a single and exclusive sanitary sewer lateral. 2 11111000__ _ \ ', , __ __\ CO C ______------1 M. V V.--- _____------- t a _cx ______ L )\ ,, : . \ . ', I 0------- 141-1 --------\ 0 \-- 1:1•• . __________i_ 0 -.. N. -..„ vslasong_t_on IIIFI:1TA":1:--___. 15- IS 4i cc, ... ..„.... \, , , ________, ct , <0 „ \ \ _____________ cDo , _ ,___ ,,,,,_ \ , ..... „ //A.\ \, .... I , ,.. , l•-• ,/\, W W ---3 \\ ------ ----\ 0 I il 0 . ''`.\ 4 --\ _-„ , \ 111i • '11r s. , \ Arr A ------ --------- .. _ , mum „, ,. --------- - __----------7—-::‘ -,,..,e•IL4'----------\ . , , rDA EE,C� t,' ' . (9 S� li"V M.I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: GREENWAY TOWING, LLC, T/A ARISTOCRAT TOWING [Applicant] 800 BLOCK PROPERTIES, LC [Property Owner] Modification of Proffers & Modification of Conditions (Bulk Storage Yard) for the property located at 1608 Washington Avenue (GPIN 2417862074), COUNCIL DISTRICT — BEACH. MEETING DATE: August 21, 2018 • Background: In 2001, a portion of this 30,157 square foot parcel was rezoned to Conditional B- 2 Community Business District. At that time, City Council also approved a Conditional Use Permit for a Bulk Storage Yard for the storage of towed vehicles. The original proffers associated with the rezoning and the conditions of the Use Permit limited the time frame and use of the property for bulk storage to 10 years. In 2012, an extension of time for an additional five years was granted by the City Council. Both the proffers and the conditions of the Use Permit require that if the auto-related uses on the northern portion of the property, the area of the site outside of the storage yard, ever cease, or if the residential trailer park on the adjacent property to the south is ever redeveloped to another use, the use of the area for the storage yard will terminate. Other than the expiration of the time limit, none of these scenarios have occurred; therefore, in order to extend the time frame again both a modification of proffers and a modification of the Conditional Use Permit are requested. • Considerations: The Bulk Storage Yard is and has always been intended as a temporary use on this property. While this site is located on a visible gateway into the oceanfront, this area has been slower to redevelop than other areas of the oceanfront. With the imminent construction of the sports center to the north across Virginia Beach Boulevard, the applicant believes that this will be the final request for an extension. Section 228 of the Zoning Ordinance requires that a Bulk Storage Yard be entirely screened with Category VI landscaping, which includes a solid fence, not less than six feet in height, with plants along the exterior of the fence. The existing bulk storage yard is surrounded by an eight-foot tall chain link fence with slats. The applicant is requesting that this deficiency be addressed through the provisions of Section 221 (i) of the Zoning Ordinance, which allows City Council to grant deviations from required landscaping. Both the Staff and the Planning Commission support the deviation subject a condition that would require the installation of Category I landscaping along the existing fence along Washington Greenway Towing, LLC Page 2 of 3 Avenue. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request. All conditions of the Conditional Use Permit granted by the City Council in August 14, 2001 and as modified on May 8, 2012, shall be deleted and replaced with the following conditions: 1. Materials stored in the Bulk Storage Yard shall not exceed a height of seven (7) feet. 2. Category I landscape screening, as specified in the Virginia Beach Landscaping Guide, shall be installed along the eastern side of the bulk storage yard adjacent to Washington Avenue. 3. There shall be no outside storage of inoperable vehicles or vehicles in a state of obvious disrepair. 4. All used tires shall be stored in an area which is not visible from any adjoining property or rights-of-way and maintained in a manner that does not permit the collection of standing water as to help prevent the breeding of mosquitos. 5. Lighting for the site shall not exceed a height of 14 feet and shall be directed in toward the site. 6. This Conditional Use Permit is valid for five (5)years from the date of City Council's approval or when one of the following occurs prior to the end of the five (5) year term: a. The land use on the adjacent property at 853 Virginia Beach Boulevard changes to something other than an automobile service and repair garage; b. The land use on the adjacent property to the south changes to something other than a residential trailer park. • Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Greenway Towing, LLC Page 3of3 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 6W1S4_,‘ . City Manager: Applicant Greenway Towing, LLC, t/a Aristocrat Towing Agenda Item Property Owner 800 Block Properties, LC Public Hearing July 11, 2018 6 City Council Election District Beach Virginia Beach Requests Modification of Proffers Modification of Conditions (Bulk Storage Yard) vA 10 IIIII. Staff Recommendation o _...,...y Approval ailik O Staff Planner , i it �y1N� Jonathan Sanderst ^"^"B�� %orw``` dE ._ �_ ' \ Location L- J w„se e,1 5^ • ' l•A 1608 Washington Avenue ,,,wee` �'`"° .... ., GPIN t ,.�� 2417862074 9 Site Size °F 30,157 square feet ,Pl; '1R Ste”` AICUZ 70-75 dB DNL Watershed Atlantic Ocean Existing Land Use and Zoning District ---x.,..— ,e; Tow yard, auto repair/Conditional B 2, RT-3 — -- vQe ��� �r� Resort Tourist ! C a •_ t'' Surrounding Land Uses and Zoning Districts _ Q North - 1 ' Virginia Beach Boulevard ' e 1* Convention Center parking/OR Oceanfront Resort � 4 :.., . .., s= South 4.7 i`• "/ 4 c. Mobile homes/A-12 Apartment ,4 4',!:- 'f w-, • East 4"+ s Washington Avenue 4 j 0. • `'' a j"' Mixed retail/A-12 Apartment f„...,;-=, . ? ' Y West i , , t "' --,41 ': , Auto sales/A-12 Apartment, RT-3 Resort Tourist Greenway Towing, LLC, t/a Aristocrat Towing Agenda Item 6 Page 1 Background and Summary of Proposal • A Conditional Rezoning from A-12 to Conditional B-2 was approved in 2001. The proffers limit the use of the property to a Bulk Storage Yard. As required by the Zoning Ordinance, a Conditional Use Permit for a Bulk Storage Yard was granted in conjunction with the Conditional Rezoning. • Condition 7 of the Conditional Use Permit terminated the use of the site for bulk storage after 10 years and required that the use be terminated earlier if the land use at 853 Virginia Beach Boulevard converted to another use other than an automobile service and repair garage; or if the residential trailer park on the adjacent property to the south was redeveloped to another use. • The proffers and conditions were modified in 2012 to extend the Bulk Storage Yard use for an additional five years. The applicant now requests a modification of both the proffer agreement(Proffer#1)and the Conditional Use Permit in order to allow the Bulk Storage Yard use on the site for an additional five years. • The existing Bulk Storage Yard is enclosed with an eight-foot tall chain link fence with aluminum slats and barbed wire along the top. A few shrubs are planted along the fence fronting Washington Avenue.The applicant is seeking a deviation to the required Category VI screening(a solid six-foot tall fence with evergreen shrubs) surrounding the Bulk Storage Yard. In lieu of a solid privacy fence,the applicant intends to install plant material outside of the existing chain link fence as a means of screening the contents of the storage area from Washington Avenue. • Zoning History --= ,„0-75L3 1 # Request dDN � R /�� — �A-36 1 MOD(Proffers and Conditions)Approved 05/08/2012 CsA C `/" 3/� CUP(Automobile and Small Engine Repair)Approved fes"'' —�� 05/08/2012 ✓ Com_._ CRZ(A-12& RT-3 to Conditional B-2)Approved �04A-)40:11114 08/14/2001 011 CUP(Bulk Storage Yard)Approved 08/14/2001 ` _ C� • CUP(Automobile Service and Repair)Approved aj <, 122 —Jo ,, 1R+ . IliC 07/08/1992 C,> ��a ', 2 ALT Approved 03/17/2015 O diwato' li A R-5D.,7 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Greenway Towing, LLC, t/a Aristocrat Towing Agenda Item 6 Page 2 Evaluation and Recommendation The request for an extension of the Conditional Use Permit for the Bulk Storage Yard is acceptable. As proffered,the Bulk Storage Yard is only intended as a temporary, interim use. While this site is located on a visible gateway into the oceanfront,this area has been slower to redevelop than other areas of the oceanfront. Section 228 of the Zoning Ordinance requires that a Bulk Storage Yard be entirely screened with Category VI landscaping, which includes a solid fence, not less than six feet in height, with plants along the exterior of the fence. The existing bulk storage yard is surrounded by an eight-foot tall chain link fence with slats. Some shrubs exist along the eastern side of the yard.The applicant is requesting that this deficiency be addressed through the provisions of Section 221 (i) of the Zoning Ordinance, which allows City Council to grant deviations from required landscaping if"for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties." Staff concludes that a deviation to landscaping on the western and southern sides of the Bulk Storage Yard for this requirement will not adversely impact the adjacent properties, given that the site is shielded from Virginia Beach Boulevard by the auto repair building on the lot,and is adjacent to an auto sales business to the west. Staff has recommended a condition to install Category I landscaping along the existing fence on the eastern side of the Bulk Storage Yard facing Washington Avenue. Based on these considerations, Staff recommends approval of the request subject to the proffers and conditions below. Proffers Modification 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," (§107(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 numbered 1 as set forth in the 2012 First Amended Proffers is hereby re-adopted and shall read: 1. Although the Property shall be zoned B-2 Community Business District,the Property shall only be used as a bulk storage yard and building contractors yard. This use shall also be governed by the conditions of a Conditional Use Permit which limits the terms of the use to five (5)years from the date of adoption by Grantee and further requires the Grantor to terminate the use prior to the end of the five (5)year term in the event that: (a)the land use on the adjacent property at 853 Virginia Beach Boulevard changes to something other than a automobile service and repair garage; or(b)the land use on the adjacent property to the south changes to something other than a residential trailer park. Greenway Towing, LLC,t/a Aristocrat Towing Agenda Item 6 Page 3 Proffer 2: Except for the modification by replacement of Proffer number 1, the remaining proffered covenants, restrictions and conditions as set forth in the "2001 Proffers"are hereby ratified and affirmed. Staff Comments: The submitted Proffers are acceptable and ensure that the use will remain temporary and provide the opportunity for more appropriate uses for the Resort Area as new development opportunities emerge. Recommended Conditions All conditions of the Conditional Use Permit granted by the City Council in August 14, 2001 and as modified on May 8, 2012,shall be deleted and replaced with the following conditions: 1. Materials stored in the Bulk Storage Yard shall not exceed a height of seven (7)feet. 2. Category I landscape screening, as specified in the Virginia Beach Landscaping Guide, shall be installed along the eastern side of the bulk storage yard adjacent to Washington Avenue. 3. There shall be no outside storage of inoperable vehicles or vehicles in a state of obvious disrepair. 4. All used tires shall be stored in an area which is not visible from any adjoining property or rights-of-way and maintained in a manner that does not permit the collection of standing water as to help prevent the breeding of mosquitos. 5. Lighting for the site shall not exceed a height of 14 feet and shall be directed in toward the site. 6. This Conditional Use Permit is valid for five (5)years from the date of City Council's approval or when one of the following occurs prior to the end of the five (5)year term: (a) The land use on the adjacent property at 853 Virginia Beach Boulevard changes to something other than an automobile service and repair garage; (b) The land use on the adjacent property to the south changes to something other than a residential trailer park. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy,are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Greenway Towing, LLC,t/a Aristocrat Towing Agenda Item 6 Page 4 Comprehensive Plan Recommendations The Resort Area Strategic Action Plan (RASAP), adopted in December, 2008, is the guiding planning policy for land use and development in the Oceanfront Resort District. The Resort Area is recognized as an area where revitalization efforts have and continue to transform the Resort Area into a major activity center, strengthen neighborhoods and increase economic growth. Natural and Cultural Resources Impacts There are no significant natural resources or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 14,800 ADT'(LOS 2"C") Virginia Beach Boulevard 10,412 ADT 1 22,800 ADT 1(LOS'"D") No Change Anticipated 'Average Daily Trips 2 LOS=Level of Service Public Utility Impacts Water This site currently connect to City water. Sewer City sanitary sewer is not available. Health Department approval is required for septic systems. A private grinder pump and force main may be an option. Greenway Towing, LLC, t/a Aristocrat Towing Agenda Item 6 Page 5 Site Layout EASEMENTS OTHER TMA-SHO OM TME^ PLAT OF RECORD VIRGINIA BEACH BOULEVARD(80'RNV) (1 7 tf,STREET) t3+ Net•+Sar E NV ou ,r� • Ii ! € , Existing 1 ., building N d Gate••••.4kt .....„5.•. W a ,n i Zg Bulk ---- ., Storage Existing Yard chain link — - - — fence with . 1 Install slats Trailer ► Category I Landscaping row r awp.o, I 18 Gate , �p/x,'THH Op o ? o 1 y wILLIA C. op GE ITZ a `'„._ ,-'s77.—..- - -------- Lic. No. 15 9 r ''', o 20 t /G/s'// � .kb suRvt�o h ' A 1 tIOW OR FORME- w 10144* e ViRCINIA BEACH ANNEX NO. ' .1 US 41, P 41 Ne INOI11 DOES NOT tM wenn a SpadNl Flom, .,s , Ialald Area as Mwwn on 0»FEMA lFWP FIRM for M :Ry of vrpasa Beath Community Panel Number 41$S)10t2$F opted May 4.2009 Greenway Towing, LLC,t/a Aristocrat Towing Agenda Item 6 Page 6 Site Photos ;x ,. II. r4., , I - '..4# , 7 -.L.- - to--- — yrs 1 �a sa a�y4 z .;rte '� � I.�JIe�"•i1l 4 _4 .„..411-1k*, ', x r £ c, �7f {.I 44./.',4'4 +^444,1'1 m �4 moi- ,,1, itpr_ . plot , „,„,„ .. . .,, t . . . . _ .. it r 111111 — Ali er lir 0: _ \' Greenway Towing, LLC, t/a Aristocrat Towing Agenda Item 6 Page 7 Disclosure Statement Virginia Beath APPLICANT'S NAME Greenway Towing,LLC tin Aristocrat Towing DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exce.tion for ffDIP) . Board of Zoning Encroachment Request Rezoning A• •eats Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board _ • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/A!l disclosures mast be updated two(2)weeks prior to any Page 1 of 7 Plannir Commission and Cit (:ountd meetin that.ertair.s to the a ,Iication(s). APPLICANT NOTIFIED OF HEARING DATE: IR( NO CHANCES AS OF DATE: 20 J J.5 Jonathan Sanders REVISIONS SUBMITTED DATE: • Greenway Towing, LLC,t/a Aristocrat Towing Agenda Item 6 Page 8 Disclosure Statement 11/4,B Virginia Beach Check here if the APPLICANT_ IS NOT a corporation, partnership, firm, business, or other unincorporated organization. X Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Greenway Towing, LLC If an LLC, list all member's names: Bradley Volmer, Mitchell Byrum& Robert G. Byrum, Managers If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list If necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 onlyff property_owner is different from Applicant. nCheck here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:800 Block Properties, LC ____ If an LLC, list the member's names:The Estate of William E. Chaplain, Deceased, Sole Member: Page 2 of 7 Greenway Towing, LLC, t/a Aristocrat Towing Agenda Item 6 Page 9 Disclosure Statement Virginia Beach Lisa M. Chaplain, Administratrix If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-31 01 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entitles; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2 2-3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating.or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Greenway Towing, LLC, t/a Aristocrat Towing Agenda Item 6 Page 10 Disclosure Statement V13 APPLICANT Virginia Beach YES NO SERVICE — I PROVIDER(use additional sheets If needed) -- Accounting and/or preparer of Eric Coker,CP your tax return IXArchitect/Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors l i z Engineers/Surveyors/Agents I Financing (include current N.A.E. X — mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) n n Legal Services Shames&Byrum,P.C.&' Real Estate Brokers / n .1 Agents/Realtors for current and l I anticipated future sales of the subject property 'Sykes,Bourdon,Ahern&Levy, P.C. SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Greenway Towing, LLC, t/a Aristocrat Towing Agenda Item 6 Page 11 Disclosure Statement V13. Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this Application. Greenway Towing,LLC By. Mitchell Byrum, Manager APPLICANT'S SIGNATURE PRINT NAME DATE h']ilc e i( Page 5 of 7 Greenway Towing, LLC,t/a Aristocrat Towing Agenda Item 6 Page 12 Disclosure Statement v3 OWN ER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) 7Accounting and/or preparer of Nathan R.Olansen,Midgett&Preti, AL. your tax return PC ❑ =' Architect/ Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed C purchaser of the subject property „ (identify purchaser(s)and purchaser's service providers) Construction Contractors nEngineers/Surveyors/Agents Wiliam C.Gerwitz Financing (include current . mortgage holders and❑ lenders W selected or being considered to provide financing for acquisition or construction of the property) Legal Services Alison R.Zizzo,Midgett&Preti, PC Real Estate Brokers / ❑ " Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Greenway Towing, LLC, t/a Aristocrat Towing Agenda Item 6 Page 13 Disclosure Statement Virginia Beach ICERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Appl'cation. 8 0 ock P U p es, B / ° � t � Lisa M. Chaplain,Administratrix g1/13 `k !/ l � l RTY OWNER'S SIGNATURE ~ PRINT NAME DATE of The Estate of William E.Chaplain, Deceased.Sole Member of 800 Block Properties.LC Page 7 of 7 Greenway Towing, LLC,t/a Aristocrat Towing Agenda Item 6 Page 14 c4., lvN'A.BEAc 4 ,--4:. CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE OF OUR-N PS,ON In Reply Refer To Our File No. DF-10102 DATE: August 9, 2018 TO: Mark D. Stiles DEPT: City Attorney FROM: B. KayWilsonDEPT: CityAttorney RE: Conditional Zoning Application; 800 Block Properties, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on August 21, 2018. I have reviewed the subject proffer agreement, dated May 1, 2018 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom SECOND AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS 800 BLOCK PROPERTIES, LC, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 1St day of May, 2018, by and between 800 BLOCK PROPERTIES, LLC, a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of that certain parcel of property located in the Beach District of the City of Virginia Beach, Virginia, containing approximately .613 acres,which is more particularly described in Exhibit"A"attached hereto and incorporated herein by this reference said property hereinafter referred to as the "Property"; and WHEREAS, the Grantor has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach,by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property; and WHEREAS, the Grantor has requested Grantee to permit this modification of the previously proffered FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS dated March 1, 2012 and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach,Virginia as Instrument Number 20120522000567950 (hereinafter "2012 First Amended Proffers") which modified only proffer numbered 1 of the PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS dated May 22, 2001 and recorded in the afore referenced Clerk's Office in Deed Book 4483, at Page 0085 (hereinafter "2001 Proffers"); and PREPARED BY: GPIN: 2417-86-2074-woo (Part of) SIB SYICES.B0URD0N, • L. AIIERN&LEVY,P.C. Prepared By: R. Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 281 Independence Boulevard Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's proposed modification of conditions to the zoning 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 modification to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted,which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW,THEREFORE,the Grantor, its 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 amended declaration of conditions and restrictions which, along with the unchanged covenants, conditions and restrictions set forth in the 2001 Proffers shall restrict and govern the physical development,operation,and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. Proffer numbered 1 as set forth in the 2012 First Amended Proffers is hereby re-adopted and shall read: 1. Although the Property shall be zoned B-2 Community Business District, the Property shall only be used as a bulk storage yard and PREPARED BY: B SYKES,BOURDON, building contractors yard. This use shall also be governed by the •7 L AI[tRN&LEVY,P.0 conditions of a Conditional Use Permit which limits the terms of the use to five (5)years from the date of adoption by Grantee and further 2 requires the Grantor to terminate the use prior to the end of the five (5) year term in the event that: (a) the land use on the adjacent property at 853 Virginia Beach Boulevard changes to something other than a automobile service and repair garage; or(b)the land use on the adjacent property to the south changes to something other than a residential trailer park. 2. Except for the modification by replacement of Proffer numbered 1, the remaining proffered covenants, restrictions and conditions as set forth in the "2001 Proffers" are hereby ratified and affirmed. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, 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 Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. 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, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such PREPARED BY: S B SYKES.BOURDON, conditions be remedied; and(b)to bring legal action or suit to insure compliance with such \ AHERN&LEVY.P.0 conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; 3 (2) The failure to meet all conditions and restrictions 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 these provisions,the Grantors shall petition 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 Property, and the ordinances 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 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 Grantors and the Grantee. PREPARED BY; 6 SYKES.BOURDON. L AIIERN&LEVY.P.C. 4 WITNESS the following signature and seal: Grantor: 800 Block Properties, LC, a Virginia limited liability company By: The Estate of William E. Chaplain, Deceased, Sole Member BM- �,/ _.$ .4 EAL) Lisa M. Chap ain,A.ministratrix STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 3rd day of May, 2018, by Lisa M. Chaplain,Administratrix of The Estate of William E. Chaplain, Sole Member of 800 Block Properties, LC, a Virginia limited liability company, Grantor. ./14fi )/)/6 /1140 Notary Public My Commission Expires: August 31, 2018 Notary Registration Number: 192628 "••., egEALTTy 1 ( (c Q10 0 Z� t J '�°� oma ���•,,�b •..oF ' • PREPARED BY: B SYICES.BOURDON, V I. AAERN&LEVY.P.C. 5 EXHIBIT "A" ALL THOSE certain lots, pieces or parcels of land, situate, lying and being in the Lynnhaven Magisterial District,City of Virginia Beach(formerly Princess Anne County),Virginia,known, numbered and designated upon a plat of Virginia Beach Annex No. 2, dated July 31, 1905, and recorded in Map Book 3, at Page 24, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, (formerly Princess Anne County),Virginia, as Lots 14, 15, 16, 17, 18, 19 and 20 in Block 6, reference to said plat for a more particular description of said lots. GPIN: 2417-86-2074-000o (Part of) H:\AM\Mod of Proffers\Greenway Towing\2nd Amendment to Proffers.docx PREPARED BY: \li SYKES.BOURDON. \' I. BERN&LEVY.P C 6 Item#6 Greenway Towing, LLC T/A Aristocrat Towing Modification of Proffers and Modification of Conditions 1608 Washington Avenue District-Beach July 11,2018 CONSENT Ms. Rucinski: Alright, thank you. Okay item number six, is Greenway Towing, LLC, trading as Aristocrat Towing is an application for Modification of Proffers and a Modification of Conditions for Bulk Storage Yard on property located at 1608 Washington Avenue, District Beach. Ms. Bourdon: Thank you commissioner Rucinski. Ms. Rucinski: Sorry I didn't mean to skip you. Mr. Bourdon: That's okay. Chairman Thornton, members of Commission, for the record Eddie Bourdon, Virginia Beach attorney representing both Greenway Towing and also 800 Block Properties LC on this application. The six conditions as recommended by staff were acceptable and appreciate the work of Jonathan Sanders and appreciate being on the consent agenda. Ms. Rucinski: Thank you. The Chairman has asked Commissioner Jeff Hodgson to read that into the record. Mr. Hodgson: Thank you. Mr. Chairman, a Conditional Rezoning from A-12 to Conditional B-2 was approved in 2001. This Conditional Use Permit was for a Bulk Storage with a 10-year time limit that expired in 2012 and they came back and had an additional five years of an extension on a conditional use permit. It has since expired again and they are requesting an additional five years for the same use. One thing that's important to note on this is condition six, this conditional use permit is valid for five years from the date of City Council's approval or when one of the following occurs prior to the end of the five-year term and one of them is the land use on the property at 853 Virginia Beach Boulevard changes the something other than automobile service and repair and the other one is land use on the adjacent property to the south changes to something other than a residential trailer park. The Planning Department is recommending approval of this application and the Commission agrees and we have placed it on our consent agenda. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER ABSENT REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE 1 WALL AYE WEINER AYE Ms. Cartwright: By recorded vote of 10-0, the items number one, two, three, five, six, eleven, thirteen, fifteen, and eighteen have been approved by consent with commissioner Hodgson abstaining from item number 15. PROFFERS Proffer 1: Proffer numbered 1 as set forth in the 2012 First Amended Proffers is hereby re-adopted and shall read: 1. Although the Property shall be zoned B-2 Community Business District, the Property shall only be used as a bulk storage yard and building contractors yard. This use shall also be governed by the conditions of a Conditional Use Permit which limits the terms of the use to five (5) years from the date of adoption by Grantee and further requires the Grantor to terminate the use prior to the end of the five(5) year term in the event that: (a) the land use on the adjacent property at 853 Virginia Beach Boulevard changes to something other than a automobile service and repair garage; or(b) the land use on the adjacent property to the south changes to something other than a residential trailer park. Proffer 2: Except for the modification by replacement of Proffer number 1, the remaining proffered covenants, restrictions and conditions as set forth in the "2001 Proffers" are hereby ratified and affirmed. CONDITIONS All conditions of the Conditional Use Permit granted by the City Council in August 14, 2001 and as modified on May 8, 2012, shall be deleted and replaced with the following conditions: 1. Materials stored in the Bulk Storage Yard shall not exceed a height of seven(7) feet. 2. Category I landscape screening, as specified in the Virginia Beach Landscaping Guide, shall be installed along the eastern side of the bulk storage yard adjacent to Washington Avenue. 3. There shall be no outside storage of inoperable vehicles or vehicles in a state of obvious disrepair. 4. All used tires shall be stored in an area which is not visible from any adjoining property or rights-of-way and maintained in a manner that does not permit the collection of standing water as to help prevent the breeding of mosquitos. 5. Lighting for the site shall not exceed a height of 14 feet and shall be directed in toward the site. 2 6. This Conditional Use Permit is valid for five (5) years from the date of City Council's approval or when one of the following occurs prior to the end of the five(5) year term: (a) The land use on the adjacent property at 853 Virginia Beach Boulevard changes to something other than an automobile service and repair garage; (b) The land use on the adjacent property to the south changes to something other than a residential trailer park. 3 --:;': it-e.;).' 7-: ..--.„- ---,,,.---_. . A, \ .-di Kt\-, - ,,, yr.. . / .cfr , \ „,/ /, _ ... ,. ,, .. „... --„. ,„ , .N. -5. a,,,._,. --,- 0 ,, , \<, ,., / rr / ,... AO. ' // --%. ,,i L. . 4...../ ity- ict - / or ' :1':',--,:'-... 4/4 ., CI / - . t • . . . . .. -. .--. • ( 1--4-4C .A... .‘. . 12- gariL ,..y • "COI blit_,------ N '''''=o\••.. i .:' 0 2 \ —pr 4 -N. w, L., \.3( k...,o- • , ott 4 . ,, ..._... )-------\-- ..'-, N • NQ \ Ele4.1 \410 CO N'-\NN-- ww,tio. . . . . ilen- v) .. 1. /.. , i .. . 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CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: WAL-MART REAL ESTATE BUSINESS TRUST [Applicant& Property Owner] Conditional Use Permit(Bulk Storage Yard) for the property located at 2021 Lynnhaven Parkway (GPIN 1475970297), COUNCIL DISTRICT— ROSE HALL. MEETING DATE: August 21, 2018 ■ Background: On September 20, 2016, City Council approved a Conditional Use Permit for a Bulk Storage Yard with a two-year time limit for the storage up to 20 containers behind the Walmart shopping center located at the Princess Anne Road and Lynnhaven Parkway intersection. The storage of the containers on the site was limited to between September 15th and January 15th of each year. As the two- year time limit is approaching, the applicant is requesting a new Conditional Use Permit for a Bulk Storage Yard in order to allow these 20 containers to be located in the same spot, during the same time frame, but without a time limit. The submitted site layout is devoid of any of the required Category VI screening surrounding the bulk storage area. The applicant is requesting that this deficiency be addressed through the provisions of Section 221 (i) of the Zoning Ordinance, which allows City Council to grant deviations to required plantings and fencing. Both the Staff and the Planning Commission support this deviation, as the storage area is sufficiently screened along portions of the northern, southern, and western property lines from any rights-of-way by an existing, mature stand of trees and other vegetation. The existing Walmart building provides sufficient screening to the east. • Considerations: The Planning Commission discussed Walmart's four Conditional Use Permit applications for Bulk Storage at one time; then voted on each request separately. Among the Commission's concerns were the storage of merchandise beyond the limits of the building, the negative aesthetics associated with the containers, and the propensity of many retailers to pursue the use of containers rather than constructing a building addition. The applicant's representative stated that Walmart continues to review ways to increase efficiencies and review current logistic practices, but that increasing store footprints at this time is cost prohibitive. On this particular parcel, the storage area is virtually undetectable from surrounding properties and the rights-of-way due to existing mature plant material. Wal-Mart Real Estate Business Trust Page 2 of 3 After much discussion, the Planning Commission added Condition 8, as indicated by underlined text, which places a two-year time limit on the Conditional Use Permit, and encouraged the applicant to pursue a long-term solution to the storage problem. The recommended conditions below ensure that no easements are blocked and that adequate access is maintained around the building for vehicles including fire apparatuses. Further details pertaining to the request, as well as Staffs evaluation, are provided in the attached Staff report. There is no known opposition to this specific request. • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this request by a vote of 10-0. 1. The location of the storage containers shall be limited to the area depicted on the site layout shown on page 5 of this report, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, and shall be subject to all applicable building and fire codes. 2. The storage containers shall not be stacked. 3. The storage containers shall not be placed within any easements. 4. Unless otherwise authorized by the Building Official's Office and the Fire Marshall, the location of the storage containers shall be so located as to maintain a 20-foot wide access way for vehicular traffic flow and emergency access to the building and HVAC equipment. 5. No hazardous material shall be stored within the storage containers. 6. Prior to use of the site for the storage, the applicant shall submit a plan to the Planning Department and the Fire Prevention Bureau showing the location of the storage containers for review and approval. 7. The storage containers shall be limited to 20 and are permitted on site only from September 15 to January 15. 8. This Conditional Use Permit is valid for two years from the date of approval by the City Council. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Wal-Mart Real Estate Business Trust Page 3 of 3 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Depa me . • •ency: Planning Department tvi,tel, City Manager: IL Applicant & Property Owner Wal-Mart Real Estate Business1 liB Agenda Item Trust Public Hearing July 11, 2018 City Council Election District Rose Hall 9 Virginia Beach Request / • ae�•ae4'. r Conditional Use Permit (Bulk Storage Yard) ,,,„, .Z o 11� Ycp -� : 1 � .r Staff Recommendation ,,, Approval a. '�,. '%, a „ ,r` .d..�'. •..." ....b./ �� por 0. 4-#1' ( ,,,A V ,04fid, Staff Planner F Robert Davis ,...... .,› /'� aefi^o„K L e�ac Location a� + 2021 Lynnhaven Parkway r w„,D,..A ...# . Dem+' r+' GPIN ..„,„.e~.,TD,M 1475970297 mslaA D rve r /� ob�-4 Site Size s% z 20 acres AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District � - 7,� ,• , �,. I r Retail/Conditional B-2 Community Business -. , r '� ' *:�,c►.•e1- ` :` .;s . ••i, 1- F , ; i✓ ! ., Surrounding Land Uses and Zoning Districts d'', - `I eAi,' North ��' ,�4' , ; t �,; a ip,.. Princess Anne Road ? - °' •',, y `"• ` Mixed retail,townhouses/PD-Hi Planned Unit a Development South - Mixed retail,woods/Conditional B-2 Community Business x East :, 3 t c t Restaurants, dentist/Conditional B-2 r--•,- 't3 L. `Community Business ' West , :firSY ---i-'- ..ki { f Salem Road Multi-family dwellings, woods/A-12 Apartment Wal-Mart Real Estate Business Trust Agenda Item 9 Page 1 Background and Summary of Proposal • A Conditional Use Permit for a Bulk Storage Yard was approved by the City Council in 2016 for up to 20 storage containers behind the Wal-Mart from September 15th through January 15th annually. Additionally,the Permit was limited to two years. • As the two-year time limit is approaching, the applicant is requesting a new Conditional Use Permit for Bulk Storage Yard to store up to 20 containers in the same location from September 15th through January 15th. The placement of storage containers is classified as "bulk storage," and a Conditional Use Permit is required.The storage containers will be used to store seasonal merchandise. • No other changes to the site or building are proposed with this request. • The applicant is seeking a deviation to the required Category VI screening (a solid six-foot tall fence with shrubs) surrounding the proposed Bulk Storage Yard.The storage containers are sufficiently screened along portions of the northern, southern, and western property lines from any rights-of-way by an existing, mature stand of trees and other vegetation. The existing building provides sufficient screening to the east. P°• ; x!11.*_ 13.0-1-k1, R-10 ! P � / l/ PD�4 1 R-10 ' '\\� D-W1 A-12 PD-H1 Zoning History R-7.5• '''•q• � / Request 1 CUP(Bulk Storage Yard)Approved 09/20/2016 �� • R-10 3 2 CUP(Indoor Recreation Facility)Approved 09/10/2013 \..s,‘E‘11-1- 3CUP(Bulk Storage)Approved 07/06/2004 • -7:5- R-7.5• = 4 MOD Approved 09/23/2003 111' t. 5 CRZ(R-5D to Conditional B-2)Approved 08/27/2002 J 2 + B.2 A-12 . f R-10 Z- • 5 o .B- • Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation The request for a Bulk Storage Yard is, in Staff's opinion, acceptable given its proposed location and screening from the adjacent residential areas.The applicant is aware that the placement of the storage containers in the designated locations shall be outside of any easements and continuous access for fire safety equipment must be provided. As the storage containers will be screened from view from adjacent residential and retail uses, and from the rights-of-way by the existing, mature stand of large trees,the proposed locations are acceptable. Wal-Mart Real Estate Business Trust Agenda Item 9 Page 2 Section 228 of the Zoning Ordinance requires that a Bulk Storage Yard be entirely screened with Category VI landscaping, which includes a solid fence, not less than six feet in height,with plants along the exterior of the fence.The applicant is requesting that this deficiency be addressed through the provisions of Section 221 (i)of the Zoning Ordinance, which allows City Council to grant deviations from required landscaping if"for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties." Staff concludes that a deviation to this requirement is acceptable due to the screen provided by the existing landscaping along portions of the northern, southern and western property lines. Staff recommends approval of this request for a Bulk Storage Yard subject to the conditions below. Recommended Conditions 1. The location of the storage containers shall be limited to the area depicted on the site layout shown on page 5 of this report, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, and shall be subject to all applicable building and fire codes. 2. The storage containers shall not be stacked. 3. The storage containers shall not be placed within any easements. 4. Unless otherwise authorized by the Building Official's Office and the Fire Marshall,the location of the storage containers shall be so located as to maintain a 20-foot wide access way for vehicular traffic flow and emergency access to the building and HVAC equipment. 5. No hazardous material shall be stored within the storage containers. 6. Prior to use of the site for the storage,the applicant shall submit a plan to the Planning Department and the Fire Prevention Bureau showing the location of the storage containers for review and approval. 7. The storage containers shall be limited to 20 and are permitted on site only from September 15 to January 15. 8. This Conditional Use Permit is valid for two years from the date of approval by the City Council. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance;and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and Wal-Mart Real Estate Business Trust Agenda Item 9 Page 3 attractiveness of site and buildings, improved mobility, environmental responsibility, livability,and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. Natural and Cultural Resources Impacts The site is located within the Southern Rivers watershed. There do not appear to be any significant natural resources or cultural features associated with the site. The bulk storage yard is proposed to be located over existing impervious surfaces. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Lynnhaven Parkway 20,655 ADT 1 27,300 ADT 1(LOS 2"D") No Change Anticipated Princess Anne Road 47,054 ADT 1 56,240 ADT 1(LOS 2"D") -_2 'Average Daily Trips LOS=Level of Service Public Utility Impacts Water & Sewer The site is currently connects to both City water and sanitary sewer service. Wal-Mart Real Estate Business Trust Agenda Item 9 Page 4 Proposed Site Layout 11444t50,,, CQq�y • A` Ghq V e \ Wal-Mart i Proposed Bulk 1 Storage Areas �► ti41* O. Wal-Mart Real Estate Business Trust Agenda Item 9 Page 5 Site Photos jit \, 11 . et, Jam_ . .. ' ' . .i ' ,_- s �� •, , • �'oi _ .•z '_ - -48A. 'lir(' 1,4 ii Atli T "` I 11 y Wal-Mart Real Estate Business Trust Agenda Item 9 Page 6 Disclosure Statement Virginia Beach APPLICANT'S NAME Wal-Mart Real Estate Business Trust DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit license Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Hanning Commission and City Council meeting that pertains to the application(s). ❑ APPLICANT NOTIFIED OF NEARING DATE: ig No CHANGES AS OF DATE: /17/1•018 p... /, Robert A.Davis ❑ ( REVISIONS SUBMITTED DATE: Wal-Mart Real Estate Business Trust Agenda Item 9 Page 7 Disclosure Statement NiB Virginia Beach ❑ Check here if the APPLICANT it._/±/Or a corporation, partnership. firm business,or other unincorporated organization. ® Check here if the APPLICANT IS a corporation, partnership,firm,business,or other unincorporated organization. (A) List the Applicant's name:_Wal-Mart Real Estate Business_' If an LLC,list all member's names: If a CORPORATION,list the the names of all officers,directors,members, trustees, etc.below: (Attach list If necessary) Please see attached. (B) list the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant:(Attach list if necessary) Please see attached. See next page for information pertaining to footnotes[ and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only H property owner is different ffein_Applicant. E] Check here if the PROPERTY OWNER IS NOT a corporation,partnership,firm, business,or other unincorporated organization. Check here if the PROPERTY OWNER ISa corporation,partnership,firm, business,or other unincorporated organization,ANIaTHEN complete the following. (A) List the Property Owner's name:Same as Applicant. If an LLC,list the member's names: Page 2 of 7 Wal-Mart Real Estate Business Trust Agenda Item 9 Page 8 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) Please see attached. (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner (Attach list if necessary) Please see attached. 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,Va, Code§2.2-3101. 2 "Affiliated business entity relationship" means 'a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101, SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Wal-Mart Real Estate Business Trust Agenda Item 9 Page 9 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets If needed) nZ Accounting and/or preparer of your tax return Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than Elthe Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed 1 m purchaser of the subject property u (identify purchaser(s)and purchaser's service providers) Construction Contractors Engineers/Surveyors/Agents Financing(include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Troutman Sanders LLP Real Estate Brokers / �-� Agents/Realtors for current and anticipated future sales of the I sub'ect .ro. SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Wal-Mart Real Estate Business Trust Agenda Item 9 Page 10 Disclosure Statement \A3 Virginia Beach —__ms's' _,.. .....,a CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this lication. ARUG4NT'S SIGNATURE f4Z e.✓( PRINT NAME DATE Page 5 of 7 Wal-Mart Real Estate Business Trust Agenda Item 9 Page 11 Disclosure Statement Conditional Use Permit Application of Wal-Mart Real Estate Business Trust Supplemental Disclosure Information Owner/Annlicant: Wal-Mart Real Estate Business Trust The Owner/Applicant is an affiliate of a publicly-traded company that has numerous officers, directors,members,trustees,partners and shareholders. Parent/Subsidian Entities: 1. Wal-Mart Inc. 2. Wal-Mart Stores East,LLC 3. WSE Management,LLC 4. WSE Investment LLC 5. Wal-Mart Stores East,LP 6. Wal-Mart Transportation,LLC 7. Wal-Mart.com USA,LLC 8. Wal-Mart Property Co. 9. Wal-Mart Pecos Investment,LLC 10. Wal-Mart Louisiana,LLC 11. Walmart Starco,LLC 12. WMGS Services,LLC 13. Wal-Mart TRS, LLC 14. Wal-Mart Stores Texas,LLC 15. Ft Scott Property,LLC 16. Texas Retail Energy,LLC 17. Wal-Mart Texas Licensing Holdings, LLC 18. WM Lone Star Licensing,LLC 19. Quality Licensing Corp. 20. Sam's West, Inc. 21. Sam's East, Inc. 22. SAM'S SPIRITS,LLC 23. Sam's Property Co. 24. Sam's Real Estate Business Trust 25. Sam's TRS, LLC 26. Green River Spirits LLC 27. Sam's Tobacco LLC 28052763x2 Wal-Mart Real Estate Business Trust Agenda Item 9 Page 12 Item #9 Wal-mart Real Estate Business Trust Conditional Use Permit 2021 Lynnhaven Parkway District- Rose Hall July 11, 2018 APPROVED Mr. Kleine: Good afternoon Mr. Chairman,members of the Commission. For the record,my name is Tom Kleine. I am a partner with the firm Troutman Sanders, it's also been my privilege for a number of years to serve as council to Wal-Mart Stores for all the projects that they do here in Virginia and I am here on behalf of these four, I realized we have four applications one after another. I will proceed with the first one and then if we want to go on into the next one, however, the chair wishes to proceed. The first application that we have is with respect to the project that we have on Nimmo Parkway and this application as you all know is for the ability for us to have temporary trailers, storage trailers in the back of the store, on the side of the store to help us prepare for the holiday season. We are proposing limitation of 20, no more than 20 containers. There are a number of conditions that we worked very closely with the staff on over the course of last few weeks. I too addressed they are all acceptable to Wal-Mart obviously the location of them would have to be acceptable to the fire marshal or the planning director. They are within the defined area that shown on the site plan. There would be no hazardous materials that would be stored in any of the containers and again there are strict limits on the number and limits on the timeframe to which they would need to be removed. The area of the site, if you have been out there, is an area that is predominantly where you have truck traffic and loading, its located behind the strip center that is adjacent to the Wal-Mart store. It's also bordered on the other side that does not look like it. It's also bordered on the other side by very mature hedge of trees and that area. There is a site plan that everyone has in their packet, it shows the precise location. They would typically be uniform in size, stacked next to one another in that location. We have heard no objections from any of the adjacent property owners. One of the property owners actually signed the application because part of that site is in a shared area with the adjacent like gym, developers that own the balance of the shopping center. Now let me speak to the concern about containers Mr. Ripley. I read your transcript from a couple of years ago and I also heard Mr. Redmond and Mr. Horsley's comments when we have those sessions earlier and I know that there was a concern of, okay we have this discussion two years ago where are we now. I want to assure you all Wal-Mart takes those concerns, this issue very seriously, we have every single store manager for all five Wal-Mart supercenters in Virginia Beach here today. We have the market manager for this whole part of Virginia has come here today to discuss the logistics issues. We also have someone from the corporate office here Ms. Laurie Smalling-Letts,who is senior director for government affairs.We have also reached out to some of the commissioners who are located in the district. We had the privilege of meeting with Dr. Kwasny at the site with the store manager for a period of time the other day to show the location, to talk about the logistics issues and talk about what we are doing. Some of these, this one we are asking for 20, some of them are more limited number and we will speak to those as we get to them. The issue is that these stores, you know while we are trying to manage inventory as best we can,these stores happen to be very popular and very successful stores and we are trying to keep the store successful in a climate in which the retail market has changed dramatically even in the two years since that approval was granted a couple of years ago. We have had situations where we have got Toys R Us that is gone out of business recently,the Babies R Us has gone out of business and I know the Sears from our office at town center is going to be closing and even with the Babies R Us closure, our store manager has mentioned that she has seen an uptick in the demand for some of that merchandise. So we also have seen a huge change in the online shopping environment. People are sitting at home,they are texting, they are saying I want this TV and I want it delivered to that store and I want to be able to get there and pick it up. We have tried to configure the sites to facilitate that to minimize, you know, the number of people in the stores so that they can come, you may notice we have done some restriping in some of the stores. We have added some locations in the parking lot where people can text in advance, come, pick their merchandise up and do some of the online grocery but we are trying to adjust to that but that also means is the stores were still staying very busy and the sales are continuing and so what this effort is during the holiday season it is an extremely demanding time particularly for toys and for some of the merchandise, that's a little bit larger -- bicycles and things like that -- that are difficult to just continuously restocking keep on the shelves and they are doing what they can. Fortunately, this is a large store, it has a large storage area in the back when the garden center is not occupied with plant material and this has a large garden center when it's not occupied during the planting season, we try to use some of that space to maximize the additional merchandise but what this comes down to is the ability for the customer to have the merchandise on the shelf that they are asking for and they are working on that. They are working on logistic, you will see a lots of trucks coming to the stores frequently to keep the merchandise going, to keep them moving, to keep them restocked.When you get into that super high demand period particularly as you lead up to black Friday and get passed Christmas,the demand is really pressing on these stores. They are working to do the best to manage it as best we can. I heard some comments earlier. This happens in one of our bigger stores. Some of the stores we are doing now are smaller,the one we will talk about in few minutes at First Colonial is smaller, we are asking for less trailers here to just get us over the hump,but I mean that's kind of thrust of where we are at so we are looking at these stores and we are saying okay what can we do that can allow us to keep the merchandise to meet the customer demands and another thing the Wal-Mart does that some stores don't do is the layaway option, you know, there are lot of our customers they don't have the ability to pay for the merchandise right away but need to know that it's going to be available there for Christmas and particularly as you get to the holiday season, you are having our customers coming to us asking for that merchandise that may be we are storing and trying to get us really through the thanksgiving push I really say. Once we get passed that, closer to Christmas, there is less demand to have that storage there. But that's the purpose, I mean, I think the good news is as we are seeing retailers and frankly there have been some Wal-Mart Stores that I have taken through the entitlement process in the mid-Atlantic, they have ultimately decided let's not pursue that store. You know, the good news is these stores are successful. These stores are doing well. Virginia Beach has been one of the only markets in the mid-Atlantic where they opened a new store last year,that's the one on First Colonial that we will talk about in a few minutes. We are employing over 2,200 people in Virginia Beach. We have got these five supercenters. They are doing well, we are doing our best to adjust to it and we are trying to do it in a way that's not intrusive, that's not objective. I don't know of any adjacent property owner who has called. I know that we put them on a two- year limit a couple of years ago, I don't know that in that two years that anybody has called us. I asked the zoning administrator a couple of months ago, have we heard any concerns from these from adjacent property owners?I have not heard of any,people know to call me adjacent property owners out there have not called us to let us know about them and we have also tried to do them in an area that's really not going to affect the customer experience going in that shopping center. You come, you drive into that Red Mill Wal-Mart, and you are not going to see these. The only way you are going to see them is if you go all the way behind, all the way around that hedge and up into our loading area and that's where they will be just for that limited period of time. So you know,we respect and we hear the concerns that you all mentioned but that's what we are trying to adjust to. We have got an online issue, we have got an extremely dynamic change in the market place right now,we are trying to keep the merchandise out there and now I heard a comment earlier —well what you do when you cannot have the containers, you know, there are some jurisdictions where that is outright prohibited and we have to adjust but the adjustment in that situation may be just not having the merchandise that the customers are looking for so they'll go to another jurisdiction or go somewhere else or in the lot of jurisdictions we are allowed to have them subject to certain conditions by right actually in some jurisdictions, we are allowed to have them by right, we try to work with the jurisdiction, make sure that they are not offensive, that they are not obtrusive that we don't have adjacent property issues that they are in compliance with zoning requirements and to try to adjust that. So that you know that's kind of the story we take this seriously, they take their stores very seriously here in Virginia Beach because they are so successful and you know we were out there. What was it Monday or Tuesday afternoon in the middle of the afternoon, and there were people that were coming who are vacationing here, you know buying beach supplies,buying all kinds of supplies,buying their groceries,looking for beach chairs, you know that store with all its 450 employees is serving the community and that's all they are asking for is to be able to continue to do that for this limited period of time. I did hear the comment earlier, gosh that seems an awful long amount of time, that's not the holiday season September 15th through,we have really asked for that four months just to make sure that if a trailer shows up a little bit earlier whatever there is layaway demand you know that we don't have situation violation of the zoning ordinance, is a practical matter. I think that Ms. Conway who is the store manager will tell you, they are not there that long, you are not going to have 20 trailers out there from September 15 through January 15 and it is a practical matter, once she has the containers there and the merchandise is out of them,she doesn't have any need for them to continue to be there, so she calls them up and says please remove these but again we ask for 20. So if there are 20 out there at any given time again we are not having the zoning violation or we are not having a situation. So we would certainly again we brought the whole team, every store manager, the market manager, someone from the corporate office were happy to answer any questions but we want you to know we did look at the transcript and we did discuss the transcript with the planning staff from the discussions that you had two years ago and we are working on it. We are trying to keep these stores successful in a very dynamic and changing market. So with that said I will be happy to answer any questions. All of the conditions that we reviewed with the staff are acceptable to us and again I am not aware of any objections or anyone here in opposition. Mr. Thornton: Questions for Mr. Kleine, Mr. Redmond. Mr. Redmond: So you said that in instances where in the jurisdictions where you cannot get approval for this, the store adapts,right? Mr. Kleine: Well when I say adapt, if you cannot have them then you just, there might be merchandise that people are asking for that you just cannot provide, yeah. I mean that's or there might not be the ability to do the layaway or offer that service and offer the merchandise. So it is really just about being able to provide the merchandise that people are asking for that store. Mr. Redmond: What are some jurisdictions where you cannot do that in the Commonwealth of Virginia, are you aware of any? Mr. Kleine: I would have to go back and research, I am not aware. Mr.Redmond:You heard my concern this morning is I don't like doing this with no context,right. Mr.Kleine:I mean I know in Chesapeake they are permitted,you know,you got a lot of containers subject to certain requirements, I know Norfolk you are allowed to do them subject to certain requirements. Some cases you may have a zoning overlay district such as town center for example where we have it screened and you know unless it's like a special event or something, there was certain restrictions on having them there. I would say that puts a big burden on that store too, you know,again town center is a dynamic area,we put our office there at the very beginning so I know how dynamic it is. I watched it grow up outside my window,a few years ago people said well we are not sure that Wal-Mart make sense at Town Center, Wal-Mart compatible with the Town Center model and all that so again that was a by right side that Old Bill's flea market and we work with the staff, Wal-Mart some of these folks, the corporate office worked with the planning staff and did a town center Wal-Mart there, even though it wasn't fully about the zoning ordinance to try to have something that fits in with the environment. That's a hard issue with the holidays to be honest with you,because the reality is you have got all these people saying I would like to put this on layaway, I would like to have access to that equipment. I would like to have that bicycle and we may be in a situation that we just say I am sorry we cannot do that. Mr. Redmond: Why is that unique to Wal-Mart? I am unaware of any other retailer that we have had asked for trailers? Mr. Kleine: Well, I don't think it's unique that we have had trailers in some of our stores. I think it's a lot of just meeting kind of the customer to manage and try to make sure that the merchandise is available and be successful. I don't represent Target, so I don't know to be honestly I don't know that they don't have trailers at their sites,perhaps they don't at the Hilltop site. Mr. Redmond: We haven't seen them, I mean this is the only Wal-Mart is the only retailer I am aware of, that's ever come before us is asked for trailers around Christmas time as I said this morning Kohl's doesn't do it,Target doesn't do it,the extent that there are any J. C. Penneys,they don't do it. I mean retailers that you are talking about before, I have never seen it from Sears or K-Mart for some odd reason.This is particular just for Wal-Mart and look at these shopping centers and I think to myself wouldn't any other retailer be inclined to come and say yeah we'd like a trailer.What about Big Lots which is you know adjacent to that store and once bought, you know, another retailer in some places just said, we could use one or two. I don't think we want to encourage this notion that if you have a store and you are busy in Christmas because they are all busy at Christmas from the guy that has a 1200 square feet, and he just sells shoes to you know couple of hundred thousand square foot Wal-Mart, again you are going to face greater strains at Christmas time. I don't know that's something going forward that we have to think is just sort of assume that that's okay to do that because we do have site plans. Yeah those other four walls will cause some, you know, some constraints and so the changing retail environment is challenging for anybody. This is the only retailer that I am aware of and whatever 11 years of doing this,that's ever asked for this and I don't know that it's necessarily fair to everybody because I would think everybody would want at least one--what a heck, I am selling lot of shoes out of my 1,200 square foot store so anyway that's my concern. So now here what are you saying about it makes easier for Christmas timing and moving bunch of stuff at around and I understand all that but those are constraints that every retailer faces. Mr. Kleine:But I do think you know some of our merchandise is all different sizes. You got lot of bicycles, you got toys, you have things like that and our stores are just very successful. I mean they are,they are extremely busy, very successful stores here. The model is such that you know a lot of people; we have got a lot of traffic to these stores. I don't know what the traffic counts are to other retailers. I think you will have also have a code that would permit other retailers to ask, you know, when there are discretions and I think again we are doing it in a very unobtrusive way. I mean this is literally behind the shopping center in an area that's almost enclosed on four sides because you have got the back of another retailer behind this, retailer on two sides and then there is very mature hedge so you know when I am asking to put them out in the parking field. We are not asking to have them there indefinitely or asking so that we can get through you know this much and that is I mean that's the reality of the situation, I'll ask people like Laurie,the market manager, if they have anything that they want to add to what we said there but I mean that's what we have during that period of time. Mr. Thornton: Ron, a question? Mr. Ripley: Tom if you read that the verbatim we said at the very beginning last year that we are ecstatic that the commerce was there, we want the commerce to continue. The idea of what the discussion we have was in good faith was how do we do that, you know,how do we kind of plank and come forward with to help solve this problem in long term and not have that because there was an objection then and you can see it really hasn't changed as far as the way I think this commission kind of looks at it. When I think about Wal-Mart, Wal-Mart has written, how many books have been written about inventory supply chain management, I mean, it has been studied and the highest business institutions in the country over and over again because it is so efficient. Here we got this what we are looking at here it says inefficiency and it doesn't seem to line up with their philosophy to me. I think what was important to me last time is that the managers did come in and they said yeah,we know we are at this problem. We think we can solve it and I realize things do change in the market place and if the commerce is really doing well. There may be another way to solve it and I think I have heard this morning I think maybe at the most some additional time to help solve it might be palpable but this being a long term solution, I don't think that's the solution. Mr. Kleine: I appreciate that Mr. Ripley and we did share that transcript obviously with the leadership that's here and it has been a changing environment just in those two years, you know, the demand on that store, I am talking about the Red Mill,just continues to go up as we discussed with Dr. Kwasny out there which is great for Virginia Beach, it's great for everyone and so to the extent you know two years ago they were looking and I know that Ms. Conway the store manager, they have looked to re-configure areas in the back.They looked to try to establish more efficiencies and keep merchandise on the shelves, keeping the shelves stocked so that you know you are not going in there and saying oh my god,there is none of this item but it's all back in the storage locker at the back. It mentions they are trying to keep 10 plus items of each thing continuously stocked on those shelves. So that you are coming in and you are looking for something it's there and we are also again trying to have additional efficiencies with respect to the fleet of the Walmart trucks that you see coming, getting the stores off-loaded, getting the merchandising off the shelves. Mr. Ripley: But in that inventory model, I mean, the inventory model is that the warehouse knows exactly when they need something and it's moved up as oppose to putting it out in the parking lot. Mr. Kleine: And for that limited period of time though, there was just not that room, we have got so many people coming into these stores asking for certain items to keep that merchandise continuously on the shelves. To keep them successful, you do have that big press and as I said we are asking for the four months. It's a practical matter, it's not really four months of trailers. I mean, we are having that window just so you don't have a situation where we're in violation but it's really a big push over a shorter compressed period of time,black Friday. Mr. Ripley: I am not speaking for everybody up here but if you had another year or two to help solve this issue, would you be willing to good faith of work on that get it done or not? I mean it buys you time and something you said in the presentation I want to take exception to and that is that you didn't hear anything from the staff. It's incumbent on the applicant to solve the problem not just staff to have to go out and solve the problem. Mr. Kleine: I am sorry if I misspoke. Mr. Ripley: It sounded like nobody has contacted you in the two years about this issue. Mr.Kleine: Oh, no, no, no what I was saying was what I checked was,had there been anyone from the community called to complain that it was a zoning violation or some issues associated with them being out there, that's what I had asked. No, I certainly didn't, we had many discussions with the staff and we are very familiar with the issues. Mr. Ripley: It is incumbent on you to solve these issues. Mr. Kleine: We understand that. And may I introduce, this is Laurie Smalling-Letts with the Walmart corporate office. Ms. Smalling-Letts: Good afternoon, thank you for the time you know as I sit here, I have been with Walmart for 17 and a half years, and I completely understand your concerns but I have seen a drastic change in retail in the time that I have been with the company. We are a good corporate citizen and we provide, as Tom has already said, 2,400 jobs in Virginia Beach. We have given back over 2 million dollars annually to your community through food donations, through CHKD, through local organizations. We have also with just taxes in the State of Virginia, sustain local taxes over a 109 million dollars that are coming back,through tax dollars,so yes we are a corporate citizen that is operating in your city,within your city. I have worked as I said with Walmart for 17 and a half years so I have been at federal state, local, international working with governments on how we engage and how we support the communities we serve. I understand your concern about our inventory management but our stores are built to basically serve customers nine months out of the year. That other additional, there is the influx of traffic. I was just visiting with Melissa who has a store, she has 60,000 customers coming through her door during the holidays. She has an increase in millions of dollars at inventory that's coming in. So I understand that just in time, and pretty much you know most of the year, we are able to do just in time inventory but our just in time inventory now is just in time for the store. The customer wants to be there just in time for that parent that doesn't want the big item to be shipped to their house but they can pick it up at store and then we will have to pay a shipping fee. I just did it this last year, we were buying a shuffleboard table for our boys and it was from Santa we didn't have it shipped to the house. It would have been free to go to the house but it was free to go to the store. We went to the store because we didn't want it on the front step when we came home and didn't know what the box was going to say to surprise what Santa was bringing. So there is a changing dynamic and when you are asked about finding an internal solution to be able to do this, that would be coming back and that would be multi-million dollar expansion of trying to add inventory for the three months, which we would have to go through all the process and everything else. We are in the time right now that in retail we are fighting for our lives. When you look at what retail spaces are going out of business and the retail space that is actively being used, that is going away where it's not generating sales tax revenue, I would love to say that we can come in and tell you that for every store in Virginia Beach,we are going to go in and invest 10 million dollars to expand the stores so we have the inventory space for Christmas. Unfortunately,we are a low-cost retailer. Every cost that adds on adds to the cost of doing business and adds to the cost of every item that your constituents would be purchasing at our stores. So we have to evaluate the kind of the big picture and yes I know trailers don't look great but you are right. Like in all the other jurisdictions that I have worked in, I have had the experience where they understand that we truly like, I tell people, people think oh you are a retailer, we are actually in the people business. We work to get our associates to serve the customers that come through the door. It happens to be the merchandise what's in between and there is a lot of merchandise at Christmas time. It is fortunate that we are having increases in sales but as we have been talking to each of these stores,we have online grocery pickups so we are creating new jobs for those associates to have additional training to be able to serve those customers that want to come in and get their groceries. So we are increasing skill sets, we are investing in our people, we are doing a lot of great things. We have to be able to serve the customer to be able to stay in business and so it is this additional merchandise that we need during the holidays at all of our stores. There was one saying as I have been visiting with some local officials about our community engagement, everybody is like are you facing the same issues in the other jurisdictions? And we are not. We had trailers at all of these stores and so and I have to say that Virginia Beach is absolutely beautiful and you're building and everything else. I understand the pride that you have and making sure that you are making the right decisions but we are trying to make right decisions for our customers. By having the merchandise that they want when they need it and being able to have pickup in our local stores where people can order big items for their kids and surprise them and layaway. A lot of retailers have done away with layaway because it is expensive to store that merchandise and to collect ongoing but that's our core customer. They need layaway because they cannot afford to come in and buy it all in once. So I understand and I would love to say that we could say hey give us another year and we will come back and we will have a solution. Unfortunately, I think that the only thing at this point is that temporary storage to get us through and will continue to work through our inventory and figure out there are ways that we can reduce the number of trailers. I also don't want the company to go out of business. I don't want us to have to reduce inventory because people aren't shopping in our stores and that's what we are facing as you look at the competitive landscape. Where retail is going, more and more is going online and we are here providing jobs in your community, we are providing tax dollars that come directly back to your community and we are serving your customers that are your constituents. So I do appreciate you hearing this but as we are sitting back I know our stores need this because this is the first issue that I heard when I came into the market last year is that the city doesn't like us and it was our trailers. That's the interpretation of our store managers. When they came here two years ago, the feeling as they walked out was that it was easy for you all to kind of say well we don't want to see you and you fix it. They are managing 400-450 associates. They are managing millions of dollars of inventory that's flowing in the stores and unfortunately they are just trying to make sure that they can accommodate customers and serve the customers with the merchandise they want. So if you all decide that we have to come back and come up and invest then maybe Tom will be coming here and saying we are actually closing another store versus building more. That's the retail environment as I said I came into Walmart where we are opening 250-300 stores a year, this year alone we are opening 20, consumers are changing, shopping behaviors are changing that where we can keep our customer shopping in the stores that's what these store managers are here fighting for just to make sure we can serve those customers. Mr. Thornton: Don't go away, we may have some questions. Any questions for Laurie, Mike? Mr. Inman:From either of them, I respect that what you were saying about what Walmart does for the community, I want to thank you all for that. Our job is to a great degree about aesthetics and keeping our city beautiful and this has something to do with the storage units that you have. It is still curious that and I know you guys are smarter than most of them, but nobody else seems to need this.Maybe they haven't figured it out yet,I don't know. What about other off-site warehouse facility,maybe several smaller warehouse facilities that are in an industrial part versus having the trailers right there. I know it's not convenient as far as restocking. It is not as convenient but it's an alternative that would eliminate the trailers, maybe that doesn't work. I mean I understand. I am not trying to restructure Walmart here but what are the alternatives could there be to satisfy? Ms. Smalling-Letts: And we have had those conversations about that and just from the logistical standpoint. So our trucks come in and bring the trailers and then they could place in the parking lot. We don't have short haul like we don't have small trucks that kind of go from point A to point B. When you talk about putting in an outside storage then it becomes running new hauls and it becomes finding CBL drivers that would be beyond the corporate time and then the liability of having the merchandise and being able to transport it back and forth. So we have had those conversations. I know Tom you have had additional conversations even with internal real estate but you know it's we have the space there, we can have associates go out, we have locks on all of it. We can monitor when they are on property. So from that standpoint, it's just we are setup logistically for long haul not short haul just in the way that our logistic system works. Mr. Thornton :David? Mr. Weiner:And I want to thank you also. Walmart does a great job around here and they are very good corporate citizens with the City of Virginia Beach, doing a fine job. I think it took us by surprise that's what I think for pretty much here. I even asked Jimmy. I thought this was a done deal, they are going to take care of this. That's what I think. That's why we are talking about this right now and on the other hand not thinking about the applications. If you looked at the number of people who walked in the Walmart compared to Target, it's probably double and that's why they need a containers because, don't take this wrong way, but if I have to go to Walmart, I will go 5 in the morning where I can get in and out. I think that's why we are here right now because of the people that go there are about double the people that go to Target. I think that's why we are little bit shocked to see this come in front of us again. Mr.Kleine:And I think again,we have those issues with the stores being very successful and again just the changes with the retail market changing. Our firm represents a lot of other type of entities and we are seeing so much dramatic change in business over time, I mean, there have been sites as I mentioned before that I took through very ruling entitlement processes in other parts of the Mid-Atlantic. Walmart ultimately decided we are not going to do the stores, even though we have been through lawsuits and everything, to get them approved. It's changing that much and as she mentioned, with the mode we used to be and building so many stores when last year I think the only store I am pretty sure that this is correct,the only store that they opened in all of Virginia was this one in Hilltop. That's what the change has been. Getting to Mr. Inman's comment, and I respect the concern about the aesthetics, I am a resident of Virginia Beach and I appreciate that. We are trying to find with every one of these applications the places where they are the most unobtrusive and no one is going to have to go back there to look for them here. Ms. Conway,who is a store manager, also gave commissioner Kwasny her word. These things aren't going to be just scattered around there. You have got a defined box we have to keep them in, we have got an understanding with the adjacent property owner that there was a defined area that they are going to be in.They are going to be uniform,there are going to be stacked and again her business model as soon as she doesn't need that thing and she locally had used another thing that has changed. It used to be that the delivery of these trailers etc.was handled at the corporate level. That's changed and it is now handled at the store level as I understand. So Ms. Conway is going to be there at that store, running that store, and she is going to realize we don't need these five trailers. Call up the folks, get them off the site and so maybe you are down to 10, maybe you are down to 15 or whatever. We have deliberately, and you will see with all the other applications, found spots that are going to have to minimize any kind of aesthetics adjacent. The newest one that we have, that we will talk about in a moment, there is some fencing that the staff has asked for because there is an adjacent shopping center, so we have a very cognizant of that sir. Mr. Thornton: Karen? Ms. Kwasny: I don't have a question. I am wondering whether or not we are listening to each one of them individually and then we will have closed it, so that we can have conversation. Because I think, I am passed a point of question for them, I am to the point of wanting to make a comment or two that we could just ask, but don't know when we are going to do that. Mr. Thornton: We are going to close public hearing sooner than later, because I think, unless we have got anymore specific questions but we are going to hear their argument all at once and then we are going to deliberate. We have got to make a decision on each individual one, but I don't want to stop if we got questions, let's keep asking questions and Mr. Redmond. Mr. Redmond: I do have a question. That's the variations in the number of trailers in each one of these four applications, can you explain it? I would prefer some sort of you know specificity and metric, not merely the store manager says 10 or the store manager says 20. As Mr. Ripley said, you guys have a pretty well known and extraordinarily sophisticated logistics and supplied management reputation, I am sure was probably a good bit more specific than that, so 10 versus 20 versus. Mr. Kleine:Well, I think I can address that probably on a site by site basis. On this particular site, we have the room. It's one of our largest stores, 200,000 square feet. So I think this is such a big store between the proximity to all the tourist areas and in the other parts of the city. I think that was evaluated. We also have the space on the side in that area, so that was a 20. With the other stores, we can talk about. Some of it, we have less space. Some of the stores are smaller like the retrofitted K-Mart that we did at First Colonial. Mr. Redmond: Yes, it's a question ahead actually. What's the square foot of store Hilltop?Do you know of the top of your head square footage of the store at Hilltop? Somebody was asking this morning and I don't know. Mr. Kleine: I think in the range of 152, but it's based off of sales. the metric that they do internally and this is from the market manager, they do look at the sales. You know that they have of that store and what the increase demand is anticipated to be with the holiday season in that shift. Then they look it, where feasibly we will be able to house that merchandise based on our historic data, numbers of customers coming in an anticipation with the holiday. Mr. Redmond: Okay, thanks. Mr. Kleine: And there are practical limitations based on do you have space more than like Phoenix Drive, we just have that location on the site. Mr. Thornton: Questions on this side, over here, I see no more hands, I see no more questions. So with that we'll close the public hearing and will debate this matter amongst ourselves, thank you. Mr. Kleine: Thank you. This is just the public hearing on this application. We do have different issues with the other. Mr. Thornton: Why don't you quickly give us the nuances of four of them, so we know Nimmo Parkway has 20 containers, we know where they are going to be, what about, do the next three in executive summary because they all should be reasonably similar except for Hilltop. Mr. Kleine: And then I know with respect the Hilltop just for purpose of keeping the record, we have some gentlemen that are going to want to speak from adjacent property owners. We want to make sure that the record reflects that opportunity. Mr. Thornton: That one will be last. Mr. Kleine: So I think that one in your agenda was actually the next. That was number eight, so perhaps if we wanna skip, now to number nine and ten. Mr. Thornton: Nine is Lynnhaven and ten is Phoenix. Mr. Kleine: Okay, so Lynnhaven again it's a similar situation, this is one of our larger stores with heavy sales. You cannot see it very well with this site plan, but these would be placed around the back of the store, pushed up as close to the stores as the fire marshal will allow us. We'll have to work with the fire marshal on that, outside of any travel lanes. This is part of a larger shopping center. You have got an adjoining shopping center next to us, so this is not a situation where it looks like a parking lot in this but that's actually, this area over here is actually more in line shopping down to that shopping center. So there is a little passage way but from the parking field out here, there's just really no visibility. He is proposing to park some of them along here and then some of them along there. The back of the store has a pretty well defined stormwater management facility. There is also very defined hedge that runs along the back there. The adjacent property notices have been sent out. Signs for the stores have been posted. I am not aware of any of the adjacent or nearby property owners who have any concerns. This is one of the large stores like the Red Mill, a 200,000 square foot store, and again a very successful store. There is a lot of demand for some of the layaway and some of the other merchandise at the holidays. We have a series of conditions that are acceptable to the applicant here, no hazardous limitation on the number, limitation on the time of year that they would be out there.The final location of them will have to be subject to final approval by zoning and fire marshal etc. But they're back there, near the loading area that is not visible from public right-of-way. You can see the mature hedge across there that's providing successive buffering with any the residential behind is a multifamily. Ms. Rucinski: And how many at that store? Mr. Kleine: That would be no more than 20. The next one, number 10, is Phoenix Drive and this is a store just near the Lynnhaven Mall.You may recall,we came before the Planning Commission and City Council a few years ago for an expansion for this store so that we could add the full grocery component. At this store we are proposing to put them back in this area and have no more than 10 over there. That's where they historically put them at this 168,000 square foot store. It was originally a division one store and it was expanded a few years ago to make a little bit so we had the full service grocery component to it. This again is an area of the site, it has very limited visibility as you can see, very mature hedge along this side. It's way off to the side as you drive into the site, all the vehicular access for the most part is from the front or from the other side big parking field because the side is over parked. I heard your comment earlier about parking, I think this was parked at 4.5 per thousand ratio and the city requirement is 4 per thousand, so we got lot of parking. We are trying to keep them back there, minimize the visibility. There is also a condition, that is a little bit unique from the others that if this site over here were ever to be developed and for whatever reason that hedge were to be removed or thinned out, we would have to put a wooden fence or some type of barrier fence along there. If we were going to continue to have the containers in that location, but again that's a condition that we worked out with the staff. I cannot tell them how they would really have any visibility again. One of the entrance features over here and then entrance over here, there would be very minimal.You really have to drive over there and again there is a lot of parking that's not used at this site. That's where they would be located. So the conditions on that are acceptable. I think those are the three which you have looked at before. The new site is the one at Hilltop and that is agenda item eight. This is an exciting store. I have to say because we worked on this, I live near the store, it took us a long time working on all the documents to get this together. I think for those of you who aren't familiar with this shopping center and Kmart,that was a very dated Kmart that ultimately went out of business and that center was in need of significant work. Walmart came in a few years ago. We went before the City Council for a conditional use permit associated with some of the accessory components that we have over here. It's part of that approval. We also showed architectural detail. We worked very closely with the staff on dressing this up. We took that old Kmart store's respective old walls, for the most part, and gutted it and did a few additions on the sides. If you have been out there, you really have to look to not know that it's a completely brand new store. You would never know that it was essentially, we have retrofitted the older building that's there. You know this site has a shopping center with other retail parcels that kind of surround it. They are owned by different property owners.Those gentleman are here and they are going to speak with us.What she is asking for, the square footage of this one Jackie, 152 and that's approximately the size of the Kmart that we took over with a little bit of few tweaks to accommodate some things around the area around the sites. So on this side, there are reciprocal easements for parking and travel lanes etc.,with this overall shopping center.You can obviously access this site of First Colonial.You can access it off Donna Drive as well. Over this area here is the loading area. Again we try to identify and on this side is our garden center and this is the Autobell. Of course the store faces this way and then passed on a drive, you have Laskin Road up here. What we have done over here is, she has a limited need again for some containers. She is anticipating seven to ten so we are asking for 10. So limit on 10 again the same limitations that we have before. The staff did indicate that because we are adjacent to this retail area, that's owned separately from Walmart, that we could perhaps put in some fencing. There is a screen fence, it screens some of the loading area that's of a wood nature over here. They asked if we could put something similar to that or compatible with that. It would be temporary if you could go to the site plan there kind of a long like that actually it was a previous one, like that, I think the staff reports showed it going all the way down here and comment was that's an awful lot of temporary wooden fencing when you are needing to get into the containers over here. When you have got basically screening yourself from your own store over here because the remainder of the center is over there. The other issue is some questions we had, wait a minute what does this box mean,there is already a site plan that shows some parking spines etc. She would just put some of these containers in those existing parking spines. So we are not proposing to block any travel lanes or drive aisles, it's more just to get them closer to the store. This area back here is a loading area. It has some reinforce concrete, there is a lot of truck activity with the deliveries that are coming back there each day. I know one question is could you push them back little bit further. That's why we have them kind of in these areas over here on our site located to typically put them in some of the perpendicular to one another within the spines. But not interfering with the routine truck travel lanes that are coming into the site or anything that would pose an issue from a fire perspective. I did speak with Mr. Aspin Wall who owns the self storage on the other side here. He does not have any objection to it. I know the gentleman from Pratt Street did want to comment on it, they did. They are new owners of the remaining shopping center and they did contact us last Friday just indicated they have some questions and I believe that they would also like to speak. So on that part, I will be happy to answer any questions or if not defer to the gentleman from the Pratt Street. Mr. Thornton: So you are talking 20, 20, 10 and 10 on number count; we got that? Two at 20 and two at 10. Mr. Klein: Yes sir. Mr. Thornton: Don. Mr. Horsley: These are all 20-foot containers right; they are not 40? Mr. Klein: They are 40. Yes sir. But they would all, have defined limits that we would have to keep them in, so there are precise locations. We have to keep them within those confines. Mr. Thornton: Any other questions for Mr. Klein? Okay thank you. Mr. Klein: Thank you. Ms. Cartwright: Alright, we do have one speaker in opposition for item number eight, Jeff Spatz, would you please come to the podium and state your name for the record? Mr. Spatz: Good afternoon, I'm Jeff Spatz on behalf of Pratt Street Capital, PSC Hilltop and other co-owners of the adjacent center there. As Mr. Klein explained, we own a retail center, over here as well as on this side of the Walmart center. On each side we have properties,retailers are on each side. There is a reciprocal easement agreement between Walmart and our ownership which was placed there by the prior owner,prior to the sale to Walmart to allow both parties to have utilization of access ingress/egress etc., so that there will be kind of cohesive flow to the center even though it is separate parcels. We only did learn about this more recently, there are many factors that are moving parts. One is this Walmart is a relatively new Walmart. As Walmart explained, they have been opened a year. It may be just over a year, but it's a pretty new Walmart and we are still just digesting how the impact is on the center. They have been a great neighbor,we are happy to work with them,but we want to make sure that the traffic flow, the truck loading and the parking do not get adversely impacted. We did get to this a little bit late in the game. I want to thank the Commission and the staff, especially Mr. Davis. I am not sure if he is here, okay he has been very responsive and very helpful. It has made our job of digesting this in a short period of time much easier, so thank you and that being said we want to be good neighbors. We want to accommodate Walmart. We want to help them be successful. Retailers in the market,we just want to ensure that it does not adversely impact the aesthetics as the Commission is concerned, and as far as traffic flow and truck loading as well. The site plan that they put together had a call out for a substantial area where they may or may not put the trailers. We would like to little more closely define it to understand. My understanding from being at the center and from speaking to Walmart is that the trucks actually do come along the back of our retail establishment and go through here so I want to make sure that does not impede and Walmart has verbally said no we would make sure that it doesn't impact the truck ingress/egress and loading area. So we are not in opposition,we just want to make sure that it is working in a cohesive manner with the entire shopping center.Now we could all work together so as much as we are quoted as opposition, we are not here formally saying that we are against it, we just want to be done it in a way that enhances entire center for Walmart as much as you know our retailers. Mr. Thornton: We have a time limit on speaking. Mr. Spatz: Oh, I am sorry,my first time here. Mr. Thornton: That's okay, that's fine, questions for Mr. Spatz from the Planning Commission. Mr. Redmond: Was the fencing a priority for you? Mr. Spatz: The fencing would be helpful but part of that is to understand exactly the layout of the storage facilities and then we can see the visibility, the eye sight. So to understand there is a lot of parking here to understand exactly where in this area. It will now be set,then we can understand exactly the site line. We really want to keep it looking nice aesthetically as we can and we did ask if they could be set back a bit further to kind of keep it out of the view point. As they said, Mr. Klein explained, it's a little difficult because of the loading area, so we are trying to have a discussion of how we could work together to accommodate it from our perspective. Obviously the Commission has to approve it from their perspective but we are trying to work together to see if there is a way we can accommodate. Mr. Redmond: My concern is whether screening ends up looking worse than better and it could end up looking like. We have all seen the construction site fences that go up, and I just don't want the screening to make it look more of an eyesore than it would as you just said the walls of the containers. Mr. Spatz: I agree completely and that part of the factor of is the screening going to be up year round or is that only going to be there when the storage facilities are there, is it going to be maintained, will it need to be power washed, etc. Those are kind of some of the moving parts that were you know trying to have the discussion on to make sure that it works. Mr. Redmond: My understanding is that screening would have to be removed when the containers are moved. Mr. Spatz: That was my understanding and I wanted to confirm that and the question is from one year to the next, how it will be maintained and at this point, the Commission deems that it is an appropriate use because this is a new Walmart and we are still just trying to get our hands around exactly the logistics and the layout and the trucking lanes. We would propose that it would be a more timeline finite period rather than indefinite approval. Mr. Redmond: I think we are all in agreement with that. Mr. Spatz: That's fine, but I just especially with this site, because Walmart has only been opened for a year and there are a lot of open issues from our perspective. Mr. Redmond: Thank you. Mr. Thornton: Jack. Mr. Wall: So currently the traffic flow and the pattern is acceptable? Mr. Spatz: That is correct. We have not had any issues with their trucks going behind our center and our parcel and using that lonely area. We have not had any issues. Mr. Thornton: Okay, Jan. Mr. Rucinski: I have a question for Walmart. Mr. Thornton: Do you need to ask to this while this gentleman is here? Ms. Rucinski: No. Mr. Thornton: Ok. Mr. Spatz: Thank you very much. Mr. Thornton: Thank you sir. Tom she has a question for you. Ms. Rucinski: So my question is this. If the loading trucks are entering behind where those storage units are proposed, why could we move those storage units closer to the building? Mr. Kleine: Thank you for that question. By the way, and I am going to have the store manager to address where the trucks for the most part are coming through, I will say that the short answer is Wal-Mart is never going to allow something that interferes with their ability to get the merchandise in the store and interfere with their truck routes. So not containers. This is Jackie Russell who is the store manager of the new store. Ms. Russell: Good afternoon, so where the trucks come in,they actually come off the Donna Drive and they do go behind, so they go here and they come down through here and this right here is where they back the trucks up. These trucks are really big so in the morning time, I may have possibly anywhere from I want to say five to ten deliveries, different size of vehicles coming from local business partners for grocery merchandise and then I also have our Wal-Mart corporate trucks. They have to back these things up into four different bays. So they need this room right here to back up the maneuver because they are maneuvering around five to ten other vehicles so I cannot put the proposed bulk storage there because then there is just no way. It's going to create an interference. It's going to create safety issue. Ms. Rucinski: I wasn't really talking about back down the corner; I was talking more like closer to the building because it looks like you have got them up in that front corner, but instead of been in the corner move them closer to the building. Ms. Russell: Good question, I actually have a pickup area, so my online grocery shoppers go to the back of the building and we have a door on the side of the building that allows my associates to come out there and provide that service to that customer. So unfortunately I cannot put it there because that's going to impede on those parking spaces for those customers to come in and come out. Mr. Kleine:But the reason, if you go to the exhibit where it would be,with the black one, that one yes; what we are doing there was really just respecting the property line and showing that would be within the limits of where they could be. We are not saying that they would necessarily be pushed off all the way along that area. We would, you know, we are going to try to keep them in existing parking areas in a way that there was not interfere with pickup,you also have the pharmacy pickup. There is a pharmacy drive through and there is designated spot. The people who are doing the online pickup that you are talking about,but if you can go to the one that shows the site plan, well yes, the other one, the one that shows the overhead, I am sorry, yes so where she would do them is a practical matter. There are some parking spaces that run through here and she would have them within those parking spaces, for the most part in those parking space areas. Mr. Thornton: Do you anticipate ten units side by side? Ms. Russell:So there would be like two and then there would be some space, yes and then two, so I am trying to confine it into allocated parking spaces on my property. Mr. Kleine:As a practical matter, more in this right in here, and then we would, and then with respect to the fencing, the wooden fencing, you know, if we wanted to modify that condition, etc. or such appropriate screening as approved by the planning director or something like that, to provide some flexibility, I think that is yes. Someone has asked the question that is it going to be up and around; no, I mean we wouldn't have just a line of fencing there with nothing behind it or whatever. It would be removed, the wooden fencing you know, sometimes it draws attention I agree, you know, I see wooden fencing, you're like okay what's going on behind that,but there is some Shade cloth screening, there is portable temporary screening that I have seen used in some locations and some of our stores. We have sometimes put it on the inside of garden centers that can come on portable racks that they can roll out there, so if you wanted to modify that condition to say or such appropriate screening is approved by the planning director that we can work, you know, with the planning director to find some alternative as well instead of the wood. But if the requirement is that it be wood then, yes, the wood have to go to a fence vendor and they would have to have basically prefab sections put up and they'd have to have the concrete, portable concrete footers, put out there and then have to have all that removed and then they'd have to -- her employees would have to be maneuvering around that -- particularly if they ran all the way down as it was originally proposed, to get back to where those areas are located and again, if you go back to the site plan, the overhead, you know, here is your visibility. I mean this is the end of the shopping center, Mr. Spatz' company owns right there, so we are talking about this area down here. So you know we certainly can work with the staff,planning director on appropriate screening of that corner that we discussed. I would also say that as soon as Mr. Spatz and his company reached and talked to us, we put them in touch with the whole Walmart team. I think he met with the market manager, he has met with the store manager and he is also schedule to be talking to someone from the corporate office that handles all the real estate transactions and all that to establish a relationship and understanding and of course he understands. I won't put words in his mouth,that this is a recommendation,that the matter still has to go before City Council so I imagine we will continue having discussions with him. At the time Walmart bought this side, it was all owned by one owner so we purchased this site from one owner and then the residual still owned by the owner that we purchased with, so that the ECR and everything that he was referencing was put in place as part of that transaction. Mr. Thornton: No more questions, thank you. Mr. Kleine:Thank you. Mr. Thornton: Standby, you may be back, okay any other speakers in opposition? Ms. Cartwright: No that was it. Mr. Thornton: So we have Mr. Kleine speaking in favor, one speaker opposed, and with that we can close the public hearing and discuss it amongst ourselves. So who wants to takeoff with it, Dave? Mr. Redmond:As you know, I have a number of concerns; I think foremost in my mind is that this has to be time limited. Second, I am most concerned about the one at Hilltop because it hasn't been there before and the current owner of the adjacent shopping center hasn't experienced it either. So I think certainly in that instance, you know, we've got to be very careful because if the two don't play well together then he is not going to able to do anything about it. I wouldn't want an adjacent property owner to be disadvantage in any way for his operations to be disadvantaged in any way and have no recourse about it because there is a conditional use permit in place. So particularly on that site, I think we have to look at that. Furthermore, it cannot be the answer that the internet is coming to retail and is changing everybody's shopping just have more 40-foot trailers everywhere. There's got to be some better answer than that long term or have 10,000 40-foot trailers in the city. I think you know what they are facing, by the way, they are one of the largest drivers of the shift to online shopping but what they are facing, everybody in retail is facing and everybody is going to have to grapple with it and all sort of other different aspects of the economy. But we'll leave that aside for now,so as a long term solution, I cannot imagine and I certainly hope that the answer isn't we just string a bunch of 40-foot trailers around our store, no matter who it is, whether it's Walmart or Target or anybody else. There is going to have to be a better or more professional and more creative solution,typically if you have growing sales, you've got to be stick in trailers outside of your store, that means you need more stores, you need to expand stores that you have.That's more expensive than trailers --that's this whole argument.That's all this is about. But I don't know that that's going to be very good for the city. I certainly don't think we ought to encourage it, and we are certainly not doing it without some sort of time limit so we can review it. I don't necessarily know that any considerations have been given to how to manage that in a way like we discussed two years ago and I think that really has to occur because I just don't -- I hope that's not going to be in anybody's head a permanent solution to changes in the market place. I think we all expect that, very frankly, so would I. I don't know about two years in Hilltop, I don't think any more than one year and the reason I say that is because if it impacts this adjacent shopping center, they ought not to wait two years to try and fix it, that just wouldn't be fair to any adjacent property owner. So anyway that's my thoughts. Mr. Thornton:Karen, and then Ron. Ms. Kwasny:So given Dave's last comment I think it might be appropriate for us to,yes, of course be determining, you know, sufficient appropriate use of space, how much, and how long for each application individually of course because each one is different and has its own unique constraints and needs. I think that, you know, while, you know, it's problematic, what might be causing the issue is a conundrum for all of us, we cannot determine for them how to solve it, all we can determine is how we are going to manage it on their sites for now as well. I understand the fear of other businesses doing it, but they would be able to come forward to us to make that request and then we would have to determine whether or not the very same things we're determining on this, whether it's appropriate use of space, how much, how long, or whether or not they have the space to do it. For instance, Big Lots are usually in a retail space. They are not stand alone and they don't have the kind of space that's behind the Walmart at Nimmo for instance and of course the First Colonial has a different type of space and a different amount of space. So we have to handle that one differently and they are asking for fewer units, so in my view, I can understand a time constraint being applied and I can understand a limitation on the number of storage units. But I think as we are doing it, it's going to have to be according to each of them individually and I don't think it should be with the fear that we are going to set a precedent for every retail business putting storage units on their lots. Because many of them don't have lots to do that and,when they come forward,we have to assess them accordingly. So that's not a fear of mine; is whether or not this is appropriate to the use of the the Walmart on Nimmo in Princess Anne or the use of the Walmart space in the First Colonial or Lynnhaven or anywhere else. It's not our job to figure out how they solve that problem, it's how we solve this one. Mr. Thornton:Anybody on this side, Jeff? Mr. Hodgson:I agree with both speakers. I would be supportive of this with the time limitation. I agree with you on doing the First Colonial one at a smaller duration of time to see how it performs. We are trying to,we are always trying to think a solution for this and you know we don't have the answer for that, but if my math is right, these containers are about 8-feet wide by 40-feet long which is like 320 square feet. Ten of those would give you 3,200 square feet of additional retail space. You are talking about facilities that are 150,000 square feet. There a lot of very good contactors in this area that could easily add 3,200 square feet of additional space on to the back of one of these large buildings probably for pretty inexpensive price and there are solutions to this, but I would be willing to support it with some time limitations. Mr. Thornton: Ron. Mr. Ripley: I too, would do that, you know, we see other types of uses needing trailers, churches need them temporarily, schools need them temporarily, and here we have a situation where the retailers need it temporarily. We can accommodate, but we need a longer term solution than that and I think that two years would be appropriate and so I would be in favor of that. Mr. Thornton: Jack, and then Don. Mr. Wall: Well, I think that these are in commercial areas. I think that the location of the trailers as they have been are fairly hidden, you know, not visible so, as it is I think it's okay, but I do support and I feel it's appropriate for time limit as well. Mr. Thornton: Don. Mr. Horsley: I am like Jeff. I have done a little math and I come up with by the time we get 60 containers, we have built a 20,000 square foot warehouse when you put all 60 of them together. So I have always been pro-business and I want people to be successful,but also try to look out for the city's best interest too. And you know every once in a while I can come up with ideas, you know,but what I could see people come out and wanting to just put up a small store front and put a couple containers in the back and start running a business, and saying why wouldn't we be able to do that?Since Walmart is doing it so, so we don't want anything like that to start happening and we think more of the city than that, but I do want Walmart to be successful. They need to stay in the area. I appreciate what they do for our community. but I think they do appreciate what we try to make our city look like. So I would support it for the two-year timeframe like we did two years ago. Mr. Thornton:Okay, Mr. Weiner. Mr. Weiner:I am definitely in support of two years, I am good with two years even with Hilltop, but when you leave from here today, don't think that we don't like you, because we want you to come back and keep doing good work here in Virginia Beach, so yes I am in support of it. Mr. Redmond: I am not on Hilltop; I am much more comfortable with the notion of a one-year administrative review on Hilltop. These are a much tighter quarters than all these other sites and it hasn't been done before and if there are conflicts between the operations of those two things, I think that the adjacent operator ought to have some say in that and I don't think it would be a lot to ask, nor do I think it would be fair if we didn't do that. [Crosstalk]. Mr. Thornton:We are going to hear these individually, so when we make a motion for each, someone make a motion on Hilltop accordingly. We've got to make four motions, but we are not finished. Anybody else down here want to speak? Ms. Rucinski:I was going to say the exact same thing; I have absolutely no issues with, you know, 7, 9, and 10. You can't even tell that containers are there. I mean I knew two years ago that we did it and on a couple of them when I went by, it was like, oh yeah, oh there they are, you know, you have to go looking for them, but I agree the one at Hilltop, it's almost out, I mean, it's not even really behind the building. I mean you will be able to see it from the front row parking so that one, I do have some reservation with. Ms. Thornton:Karen. Ms. Kwasny:I just had one more kind of concern about the way we look at this going forward because I am not sure I want to consider; I want us to be considering adding another 3,200 or whatever however many square feet it would be, of building in any area where that space might be available when the option is for a 4-month span of store units that aren't visible to the eye from the street. So I don't know that I would like that to be the option that's considered going forward. I frankly, in my opinion, I would rather have timeframes that are administratively reviewed for something that impacts us only for four months and most of us don't see except for when we have a timeframe on a brand new building. That's my thought process, so I am not a fan of urging them to consider adding more building space that I don't think is very wise across the city. I do think that each item that comes before us, as I said before, will be assessed individually by us to determine whether or not when a business wants to put in storage units, they are not just going to get their business and then put up storage units. They are going to ask to do that. So we will, it won't set a precedent what we are doing today, we will have to assess each one individually. So the idea of precedent setting doesn't fly with me either, and I don't think we want more building. I think allowing for some temporary space that allows them to continue to do good business on some of these places where it's not obtrusive is a value to all of us. So I think we should be doing that, I agree. It gets good businesses. Mr. Inman: I will make a motion that we approve applications 7, 9, and 10 with a two-year limit. [Crosstalk] Ms. Cartwright:We need to do one at a time please. Mr. Thornton:So before you make a motion, may I have a word. Mr. Weiner: Certainly. Mr. Thornton: Okay these are, I just want to end up the discussion today with a few thoughts and then I will entertain a motion. In, you know, in the big picture we have got the largest retailer in the United States,maybe the world,asking to put 60 trailers in a city of 400,000 people. So I don't think we are going to upset the applecart and ruin anybody's neighborhood or ruin any retailers since another thought is no retailers have asked for this. Well, Target doesn't sell lawnmowers and Target doesn't sell bicycles and Target doesn't sell foosball table whatever, so I don't think we need to charge Walmart with what other retailers do or don't do. The sad thing is Sears,Kmart, Penney's, these people are all out of business and so what we need to do, and somebody said it on this side of the room,what we need to do,we can do to help Walmart stay in business and we also need to,you know,take care of the aesthetics of the City of Virginia Beach. I am in total agreement with what Karen says and what Jan said; these things cannot be seen almost by anybody except for Hilltop, so it's not like we are letting some intrusive thing into neighborhoods and the truth is, if we put a time limit on it,we have a chance to come back and look at this,I would almost rather, I don't know whether we can do it or not, let this be an administrative review so that they don't have to come back into the public arena. What do you think about that? Mr. Redmond:I was going to ask you that, what you were asking for, administrative review on an annual basis or two-year basis is certainly typical or not uncommon. I want to make sure I am saying the right thing here. Mr. Thornton:I would prefer that -- I mean you all are competent staff of people and if they are violating the intent of what they have agreed to, you will know that, now my colleagues on this panel may not agree with me and they may want to force them back to the table to the public arena, but I would be comfortable with administrative review from the staff and if this thing goes right, goes wrong, I don't think that in three or four years when this has a chance to work itself out, they may end up not even needing this space because of the way the retail world is shaking out. So you know, I am in complete support of this application. If we want to put an administrative review on it, then we can have a motion. Yes sir. Mr. Weiner:Point of information, please explain an administrative review to me. I don't know exactly, how that works? Mr. Frankenfield:It means you don't ever see it again. Mr. Weiner:I needed a little more detail. Mr. Frankenfield:Little more detail, alright, so what if. Mr. Kemp:What that would entail is in our system an inspection would be triggered every year and an inspector would go out, make sure that they meet the conditions. If there are only certain months that are supposed to be there, that gets checked and we would also see if there are any complaints from adjacent property owners. If there have been any property issues in that past year and typically if they have met all the conditions and it has gone on without any issues, it would be administratively approved for another year. Mr. Inman: I need to respond to that. So that means we never have another chance to consider this if they comply with this application conditions? Mr. Kemp: That's correct, unless you put another time limit, for example for five years with an administrative review every year. That would be the only way, it would come back. Mr. Inman: Permanently have number of trailers as requested? Mr. Kemp: Indefinitely as long as they comply. Correct, except if there were problems with the site and we revoke that administrative approval, then they would have to come back to you with another request for the bulk storage. Mr. Thornton: Dave. Mr. Redmond: I have a question to comment on that. So Barry this morning you indicated to us that in a briefing with city council; one of the things that they had mentioned was that they want to see a time limit, correct? Mr. Frankenfield:You are correct but they didn't have any particular consensus or detail. I just wanted to let you know, right, but let me tell you that it has come up in our favorite short-term rentals that if,and I have to ask Kay about this. We didn't determine if this is legal,but they asked that when the administrative review is done,that council be advised of the administrative review. So there is some possibility here you could have a little more oversight then never see it again. Is that right? Ms. Wilson:Yes. You could ask that they let you know what the determination was; also if you have one that is a problem that people complained about. Staff can bring them back to you, and so we can administratively do this, it's yours. Mr. Thornton:So Dave. Mr. Redmond:Well, I am not sure that I agree with the administrative review, I mean, it doesn't sound like it's really much of a review. I don't think a two-year, I don't think coming back for a conditional use permit in two years is a great burden for anybody, so the two-year administrative review, it doesn't sound like much of a review at all, it sounds like unless something goes wrong, then it's going to get renewed. I just don't think that's good enough very frankly, so and I still am concerned about that Hilltop site. Ms. Thornton:Well, unless something does go wrong, why should they have to come back here? Mr. Inman:I can answer that. We are here because times are changing with regard to retail and all. Times are going keep changing and do we want to have anything to say about something that we could have spent an hour and some time talking about the aesthetics. So if it is an aesthetical concern,that may not be necessary after two years or four years or whatever as we review it going down the road, because with the administrative review, we have nothing further to say about it as long as they comply with the conditions. Mr.Thornton:Back to Barry. When Mike says we have nothing to do about it,if you in your review process find a problem, it sounds like Kay said then you can bring it back. Mr. Inman:And if there are no problems with that then we do not have any right to have anything further to say about it. Mr. Thornton:That's what led to my question, if there are no problems, why do we care? But we must or you think we must, anyway. Ron? Mr. Ripley: I'm the same way, administratively, I don't think I have ever seen administrative review come back here that I can remember that we had placed that in there and there was a violation of that such that it came back. I go back two years ago, in good faith, there was representation that there was going to be an attempt to solve this problem and it really hasn't and I think you might be right I think in a couple of years it might solve itself. I mean in the market may just, you know, be so much more online and less in-store, then it solves some of its problems itself. So I think two years is not unreasonable for everybody to put their heads together and try to find a solution that's better than trailers. I think again if I own that retail shop as Dave mentioned then,what's to prevent me to come here and wanting to have a trailer,everybody can have a trailer, it would be really nice. [Crosstalk] but what you said where you gave Walmart 20 trailers, but then I should have one. Ms. Rucinski:I mean size, need, whether or not they have the space, whether or not it's obtrusive to the eye, all of those things would have to be part of the evaluation. Mr. Ripley:I don't have enough space, I need more retail space. Ms. Kwasny:I think you will have to evaluate each of them individually. I don't think you just blank check all of them because you did a Walmart, I disagree. Mr. Thornton:Thank you. Can we have motion for number 9? Ms. Rucinski:I will make a motion for item number 9 to be approved with a two-year limit. Mr. Thornton:Second. Ms. Kwasny:Second. Mr. Thornton: Karen second it, vote is open. Ms. Cartwright:By recorded vote of 10-0, item number nine, Walmart Real Estate Business Trust has been approved with conditions as amended. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER ABSENT REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE CONDITIONS 1. The location of the storage containers shall be limited to the area depicted on the site layout shown on page 5 of this report, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The storage containers shall not be stacked. 3. The storage containers shall not be placed within any easements. 4. Unless otherwise authorized by the Building Official's Office and the Fire Marshall, the location of the storage containers shall be so as to maintain a 20-foot wide access way for vehicular traffic flow and emergency access to the building and HVAC equipment. 5. No hazardous material shall be stored within the storage containers. 6. Prior to use of the site for the storage, the applicant shall submit a plan to the Planning Department and the Fire Prevention Bureau showing the location of the storage containers for review and approval. 7. The storage containers shall be limited to 20 and are allowed on site only from September 15 to January 15. 8. This Conditional Use Permit is valid for two years from the date of approval by the City Council. f� a y 4: .4s 0 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: WAL-MART REAL ESTATE BUSINESS TRUST [Applicant& Property Owner] Conditional Use Permit (Bulk Storage Yard) for the property located at 657 Phoenix Drive (GPIN 1496387496), COUNCIL DISTRICT— BEACH. MEETING DATE: August 21, 2018 ■ Background: On September 20, 2016, City Council approved a Conditional Use Permit for a Bulk Storage Yard with a two-year time limit for the storage up to 10 containers on the north side of the Walmart building, which is along Phoenix Drive. The storage of the containers on the site was limited to between September 15th and January 15th of each year. As the two-year time limit is approaching, the applicant is requesting a new Conditional Use Permit for a Bulk Storage Yard in order to allow these 10 containers to be located in the same spot, during the same time frame, but without a time limit. The submitted site layout is devoid of any of the required Category VI screening surrounding the bulk storage area. The applicant is requesting that this deficiency be addressed through the provisions of Section 221 (i) of the Zoning Ordinance, which allows City Council to grant deviations to required plantings and fencing. Both the Staff and the Planning Commission support this deviation, as the existing mature vegetation along the northern property line, as well as the building itself, will aid in screening the containers from view; however, should the property to the north be developed, this natural screening will likely be diminished. Condition 8 addresses the future screening of the area in the event that the off-site plantings are ever removed. • Considerations: The Planning Commission discussed Walmart's four Conditional Use Permit applications for Bulk Storage at one time; then voted on each request separately. Among the Commission's concerns were the storage of merchandise beyond the limits of the building, the negative aesthetics associated with the containers, and the propensity of many retailers to pursue the use of containers rather than constructing a building addition. The applicant's representative stated that Walmart continues to review ways to increase efficiencies and review current logistic practices, and that increasing store footprints at this time is cost prohibitive. After much discussion, the Planning Commission added Condition 9, as indicated by underlined text, which places a two-year time limit on the Conditional Use Wal-Mart Real Estate Business Trust Page 2 of 3 Permit, and encouraged the applicant to pursue a long-term solution to the storage problem. The recommended conditions below ensure that no easements are blocked and that adequate access is maintained around the building for vehicles including fire apparatuses. This proposal is compatible with the provisions of the Land Use Compatibility Table in Article 18, AICUZ, of the Zoning Ordinance for a site located within the Greater than 75 dB DNL noise zone and the Accident Potential Zone 2. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this request by a vote of 10-0. 1. The location of the Bulk Storage Yard for the storage containers shall be limited to the area depicted on the proposed site layout, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, and shall be subject to all applicable building and fire codes. 2. The storage containers shall not be stacked. 3. The storage containers shall not be placed within any easements. 4. Unless otherwise authorized by the Building Official's Office and the Fire Marshall, the location of the storage containers shall be so located as to maintain a 20-foot wide accessway for vehicular traffic flow and emergency access to the building and HVAC equipment. 5. No hazardous materials shall be stored within the storage containers. 6. Prior to use of the site for the storage, the applicant shall submit a plan to the Planning Department and the Fire Prevention Bureau showing the location of the storage containers for review and approval. 7. The storage containers shall be limited to 10 and are only permitted on site from September 15th to January 15th. 8. The existing plant material along the northern and western property lines shall remain and shall be properly maintained so as to provide a continuous screen to the Bulk Storage Yard. In the event that the property to the north is developed and the existing plant material is removed and fails to meet the intent of the Category VI screening, a solid fence shall be installed along said property line at a height and with materials approved by the Planning Director. Wal-Mart Real Estate Business Trust Page 3 of 3 9. Conditional Use Permit is valid for two years from the date of approval by the City Council. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Depart - t/Agency: Planning Department City Manager. 4\4 Applicant & Owner Wal-Mart Real Estate Business Trust Agenda Item Public Hearing July 11, 2018 City Council Election District Beach 1 0 t Virginia Beach Request 70.75 dB DNL Conditional Use Permit (Bulk Storage Yard) 1 �, 6 APZ, � 1 r 4. Adventure Trail Staff Recommendation bulbckTrad Approval ,i ara,,Creek lane Staff Planner o Q�'2. 6uardhan lane i Jonathan Sanders ., ; s >>s an ; Location Production quad 657 Phoenix Drive S G P I N North Mall Drive Quaint Court 1496387496 Site Size . . 15 acres a AICUZ Greater than 75 dB DNL; APZ 2 Watershed Chesapeake Bay Existing Land Use and Zoning District J fi r .,-- "-', . rift4 Retail Store/ B-2 Community Business 4" '' a. -, a > f + i Surrounding Land Uses and Zoning Districts `� North • ,L,Y(�1,1, L.11 it Vacant lot, office/ 1-1 Light Industrial South ; 41- . ` Sabre Street 3u 4_ "° ' Office/ 1-1 Light Industrial , G ` ' East .d` .n ` ,� : rll� v - Is 4.4 4:4-1' Phoenix Drive . ; ."? ^ I Mixed retail/ B-2 Community Business - _ - a West -- - A•.cn#;c,Drive Office/ B-2 Community Business - -= A` Wal-Mart Real Estate Business Trust Agenda Item 10 Page 1 Background and Summary of Proposal • On September 20, 2016, City Council approved a Conditional Use Permit for a Bulk Storage Yard for two years that permitted up to 10 storage containers on the site, only between September 15th and January 15th, on the northern side of the building. • As the two-year time limit is approaching,the applicant is requesting a new Conditional Use Permit for a Bulk Storage Yard in order to allow these 10 containers in the same location and during the same time frame, but that there be no limit to the length of the Conditional Use Permit. • A deviation to the required Category VI screening(solid six-foot high fence and evergreen shrubs) is requested. The existing mature vegetation along the northern property line, as well as the building itself,will aid in screening the containers from view; however,should the property to the north be developed,this natural screening will likely be diminished if not fully removed. _�8 //, 1 \ I , \I j, lr r I -I t i - ' - i j_ i Zoning History A L— I # Request a '1 ; y ' gatI 1 CUP(Bulk Storage Yard)Approved 09/20/2016 �` =-- , AA fl CUP(Bulk Storage Yard)Approved 07/05/2016 - i /f/j/��/ / I. j MOD(Proffers)Approved 02/24/2009 �f/ * 2 MOD(I-1 to Conditional B-2)Approved 08/24/2004 11 3 CUP(Hotel)Approved 10/12/1987 AO: zsn= 111 \\,..„.,,,,,..„-- '"T'j DNL 4 CUP(Indoor Commercial Recreational Facility)Approved 1-i 1t 06/23/2009 3 \ 5 CUP(Wind Energy System)Approved 06/26/2012 ., i STC Approved 10/27/1998 B_2 B..213-3 __.Rr77 . ref B-2 5 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation The location of the proposed storage containers on the northwest corner of the site has been selected to best screen the bulk storage area from view. It should be noted that Section 228 of the City Zoning Ordinance requires a Bulk Storage Yard to be entirely screened with Category VI landscaping, which includes a solid fence, not less than six feet in height, with plants along the exterior of the fence. A deviation to this requirement is requested and Staff believes it can be addressed through the provisions of Section 221 (i) of the Zoning Ordinance,which allows City Council to grant deviations from required landscaping if"for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties." Staff concludes that a deviation in this requirement will not adversely impact the adjacent properties, particularly given that the existing dense plant material is located along the northern property line and that the existing large building on the site will also screen the bulk storage area from the rights-of-way. Wal-Mart Real Estate Business Trust Agenda Item 10 Page 2 This proposal is compatible with the provisions of the Land Use Compatibility Table in Article 18,AICUZ, of the Zoning Ordinance for a site located within the Greater than 75 dB DNL noise zone and the APZ-2. The location of the storage containers shall be such that no easements are blocked and that adequate access is maintained around the building for vehicular and fire apparatus. Based on the considerations above,Staff recommends approval of this request with the conditions below. Recommended Conditions 1. The location of the Bulk Storage Yard for the storage containers shall be limited to the area depicted on the proposed site layout,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, and shall be subject to all applicable building and fire codes. 2. The storage containers shall not be stacked. 3. The storage containers shall not be placed within any easements. 4. Unless otherwise authorized by the Building Official's Office and the Fire Marshall,the location of the storage containers shall be so located as to maintain a 20-foot wide accessway for vehicular traffic flow and emergency access to the building and HVAC equipment. 5. No hazardous materials shall be stored within the storage containers. 6. Prior to use of the site for the storage,the applicant shall submit a plan to the Planning Department and the Fire Prevention Bureau showing the location of the storage containers for review and approval. 7. The storage containers shall be limited to 10 and are only permitted on site from September 15th to January 15tH 8. The existing plant material along the northern and western property lines shall remain and shall be properly maintained so as to provide a continuous screen to the Bulk Storage Yard. In the event that the property to the north is developed and the existing plant material is removed and fails to meet the intent of the Category VI screening, a solid fence shall be installed along said property line at a height and with materials approved by the Planning Director. 9. This Conditional Use Permit is valid for two years from the date of approval by the City Council. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. • Wal-Mart Real Estate Business Trust Agenda Item 10 Page 3 Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the Suburban Area. Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a frame work for neighbors and places that are increasingly vibrant and distinctive. The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. Natural and Cultural Resources Impacts The site is located within the Chesapeake Bay watershed. There does not appear to be any significant natural resources or cultural features associated with the site, as it is almost entirely impervious. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Sabre Street No Data Available 13,100 ADT'(LOS 2"C") 20,700 ADT'(LOS 2"E") No Change Anticipated Phoenix Drive No Data Available 6,200 ADT'(LOS 2"C") 9,900 ADT (LOS 2"E") 'Average Daily Trips 2 LOS=Level of Service Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service. Wal-Mart Real Estate Business Trust Agenda Item 10 Page 4 Proposed Site Layout Proposed Bulk Storage Area KA � z jj Walmart x z W 0 a SABRE STREET Wal-Mart Real Estate Business Trust Agenda Item 10 Page 5 Site Photos '„ , , • . .. ... • , • ..alr fe • -• A..4i. _ ,.. • '' •- -4F-1,,- - ..-er- , .„,- •":1` -.. 4'-Ak.. 10.. :11",! -•;42- 4:- - ';^;-.6.: •'1: .- -f• • - r n.A,4 47.44. : _4, 111.....t :: :4.*:-. * .'YIN, ' Iv.;',., -- .. . . • ,. ' tes, . , 4 - • -',.it - , . , .., . ' ' :• •- , '-,-1,,,,-,-. . . . _ ,*-- ,, . ,... • -. --- - ... . •, . . ... ---- .- -: -.• ....,;...1.-, . Aii 4. '4.;:..,,_.-, .''' . " --- .• . • . ::_, ---..,:le ! -•,., • 'w-,;..4., c .1•.. -'.'- ',Ii lei . ',- . ',.. .•. • . ‘....:-.iik•- :*--• ....,,444- -'10,1114---_:,,,,X*.' - -•- ' -116,- *-- '_ ..".e.4 • !.. ' . •• - -,•`:-.4.-.7.--- :- '' 4 -el:: : • • - --.,.....7--- , .„..,,,-,e , ';' 2 • . , ..,,. .,, . ',1',al• ..' ..,, - . 0 1 1 I ''l '- 1 ' '•...I-4 ,..V.'•••,= •_, ''ii % , 4-•••1 : • . ._ =-_"..,_ . • - N 0 ----,,......-,,, - - ,-- ' ---' ' •1 "la •1 ••• -'• .."-- ..1. ' .. i,. p. , , . r',•- .....•106011110. • '''614-tifiNi I • i -411111 „. Wal-Mart Real Estate Business Trust Agenda Item 10 Page 6 • . _____ _ . _ Disclosure Statement Virginia Beach APPLICANT'S NAME Wal-Mart Real Estate Business Trust DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness - Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit { License Agreement Wetlands Board 4 • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • s SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any , Page 1 of 7 Planning Commission and City Council meeting that:;ertains to the application(s). APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: S/8 2(ji l3 JS Jonathan Sanders REVISIONS SU�UTTED DATE t Wal-Mart Real Estate Business Trust Agenda Item 10 Page 7 Disclosure Statement \/13 Virginia Beach n Check here if the APPLICANT_IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Wal-Mart Real Estate Business_ if an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) Please see attached. (B) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Please see attached. See next page for Information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization,ANP THEN,complete the following. (A) List the Property Owner's name:Same as Applicant._________ If an LLC, list the member's names: Page 2 of 7 Wal-Mart Real Estate Business Trust Agenda Item 10 Page 8 Disclosure Statement .V13 Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) Please see attached. (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) Please see attached. 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation:' See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent subsidiary relationship,that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided In connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Wal-Mart Real Estate Business Trust Agenda Item 10 Page 9 Disclosure Statement APPLICANT Vagina Beach YES NO SERVICE PROVIDER(use additional sheets if needed) nZ Accounting and/or preparer of your tax return nArchitect/Landscape Architect/ Land Planner Contract Purchaser(If other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ElZ. Construction Contractors 17 I t Engineers/Surveyors/Agents Financing(include current 7 mortgage holders and lenders I selected or being considered to I provide financing for acquisition or construction of the property) F C Legal Services Troutman Sanders LLP 'Real Estate Brokers/ Agents/Realtors for current and anticipated future sales of the subject property • e SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO 1 Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development , contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Wal-Mart Real Estate Business Trust Agenda Item 10 Page 10 Disclosure Statement Vi ginia Bead, CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting. or meeting of any public body or committee in connection with this Application. _ y ` //Ir I_AP GANTSSIGNATURE Qnp�ic.� PRINT NAME DATE a Page 5 of 7 Wal-Mart Real Estate Business Trust Agenda Item 10 Page 11 Disclosure Statement Conditional Use Permit Application of Wal-Mart Real Estate Business Trust Supplemental Disclosure Information Owner/Applicant: Wal-Mart Real Estate Business Trust The Owner/Applicant is an affiliate of a publicly-traded company that has numerous officers, directors,members,trustees,partners and shareholders. Parent/Subsidian Entities: 1. Wal-Mart Inc. 2. Wal-Mart Stores East,LLC 3. WSE Management,LLC 4. WSE Investment LLC 5. Wal-Mart Stores East,LP 6. Wal-Mart Transportation,LLC 7. Wal-Mart.com USA,LLC 8. Wal-Mart Property Co. 9. Wal-Mart Pecos Investment,LLC 10. Wal-Mart Louisiana,LLC 11. Walmart Starco,LLC 12. WMGS Services,LLC 13. Wal-Mart TRS,LLC 14. Wal-Mart Stores Texas,LLC 15. Ft Scott Property,LLC 16. Texas Retail Energy,LLC 17. Wal-Mart Texas Licensing Holdings, LLC 18. WM Lone Star Licensing,LLC 19. Quality Licensing Corp. 20. Sam's West,Inc. 21. Sam's East,Inc. 22. SAM'S SPIRITS, LLC 23. Sam's Property Co. 24. Sam's Real Estate Business Trust 25. Sam's TRS,LLC 26. Green River Spirits LLC 27. Sam's Tobacco LLC 28052763v2 Wal-Mart Real Estate Business Trust Agenda Item 10 Page 12 Item #10 Wal-Mart Real Estate Business Trust Conditional Use Permit 657 Phoenix Drive District- Beach July 11, 2018 APPROVED Mr. Kleine: Good afternoon Mr. Chairman,members of the Commission. For the record,my name is Tom Kleine. I am a partner with the firm Troutman Sanders, it's also been my privilege for a number of years to serve as council to Wal-Mart Stores for all the projects that they do here in Virginia and I am here on behalf of these four, I realized we have four applications one after another. I will proceed with the first one and then if we want to go on into the next one, however, the chair wishes to proceed. The first application that we have is with respect to the project that we have on Nimmo Parkway and this application as you all know is for the ability for us to have temporary trailers, storage trailers in the back of the store, on the side of the store to help us prepare for the holiday season. We are proposing limitation of 20, no more than 20 containers. There are a number of conditions that we worked very closely with the staff on over the course of last few weeks. I too addressed they are all acceptable to Wal-Mart obviously the location of them would have to be acceptable to the fire marshal or the planning director. They are within the defined area that shown on the site plan. There would be no hazardous materials that would be stored in any of the containers and again there are strict limits on the number and limits on the timeframe to which they would need to be removed. The area of the site, if you have been out there, is an area that is predominantly where you have truck traffic and loading, its located behind the strip center that is adjacent to the Wal-Mart store. It's also bordered on the other side that does not look like it. It's also bordered on the other side by very mature hedge of trees and that area. There is a site plan that everyone has in their packet, it shows the precise location. They would typically be uniform in size, stacked next to one another in that location. We have heard no objections from any of the adjacent property owners. One of the property owners actually signed the application because part of that site is in a shared area with the adjacent like gym, developers that own the balance of the shopping center. Now let me speak to the concern about containers Mr. Ripley. I read your transcript from a couple of years ago and I also heard Mr. Redmond and Mr. Horsley's comments when we have those sessions earlier and I know that there was a concern of, okay we have this discussion two years ago where are we now. I want to assure you all Wal-Mart takes those concerns,this issue very seriously, we have every single store manager for all five Wal-Mart supercenters in Virginia Beach here today. We have the market manager for this whole part of Virginia has come here today to discuss the logistics issues. We also have someone from the corporate office here Ms. Laurie Smalling-Letts,who is senior director for government affairs. We have also reached out to some of the commissioners who are located in the district. We had the privilege of meeting with Dr. Kwasny at the site with the store manager for a period of time the other day to show the location, to talk about the logistics issues and talk about what we are doing. Some of these, this one we are asking for 20, some of them are more limited number and we will speak to those as we get to them. The issue is that these stores, you know while we are trying to manage inventory as best we can,these stores happen to be very popular and very successful stores and we are trying to keep the store successful in a climate in which the retail market has changed dramatically even in the two years since that approval was granted a couple of years ago. We have had situations where we have got Toys R Us that is gone out of business recently,the Babies R Us has gone out of business and I know the Sears from our office at town center is going to be closing and even with the Babies R Us closure, our store manager has mentioned that she has seen an uptick in the demand for some of that merchandise. So we also have seen a huge change in the online shopping environment. People are sitting at home,they are texting, they are saying I want this TV and I want it delivered to that store and I want to be able to get there and pick it up. We have tried to configure the sites to facilitate that to minimize, you know, the number of people in the stores so that they can come, you may notice we have done some restriping in some of the stores. We have added some locations in the parking lot where people can text in advance, come, pick their merchandise up and do some of the online grocery but we are trying to adjust to that but that also means is the stores were still staying very busy and the sales are continuing and so what this effort is during the holiday season it is an extremely demanding time particularly for toys and for some of the merchandise, that's a little bit larger -- bicycles and things like that -- that are difficult to just continuously restocking keep on the shelves and they are doing what they can. Fortunately, this is a large store, it has a large storage area in the back when the garden center is not occupied with plant material and this has a large garden center when it's not occupied during the planting season, we try to use some of that space to maximize the additional merchandise but what this comes down to is the ability for the customer to have the merchandise on the shelf that they are asking for and they are working on that. They are working on logistic, you will see a lots of trucks coming to the stores frequently to keep the merchandise going, to keep them moving, to keep them restocked. When you get into that super high demand period particularly as you lead up to black Friday and get passed Christmas, the demand is really pressing on these stores. They are working to do the best to manage it as best we can. I heard some comments earlier. This happens in one of our bigger stores. Some of the stores we are doing now are smaller,the one we will talk about in few minutes at First Colonial is smaller, we are asking for less trailers here to just get us over the hump,but I mean that's kind of thrust of where we are at so we are looking at these stores and we are saying okay what can we do that can allow us to keep the merchandise to meet the customer demands and another thing the Wal-Mart does that some stores don't do is the layaway option, you know, there are lot of our customers they don't have the ability to pay for the merchandise right away but need to know that it's going to be available there for Christmas and particularly as you get to the holiday season, you are having our customers coming to us asking for that merchandise that may be we are storing and trying to get us really through the thanksgiving push I really say. Once we get passed that, closer to Christmas, there is less demand to have that storage there. But that's the purpose, I mean, I think the good news is as we are seeing retailers and frankly there have been some Wal-Mart Stores that I have taken through the entitlement process in the mid-Atlantic, they have ultimately decided let's not pursue that store. You know, the good news is these stores are successful. These stores are doing well. Virginia Beach has been one of the only markets in the mid-Atlantic where they opened a new store last year,that's the one on First Colonial that we will talk about in a few minutes. We are employing over 2,200 people in Virginia Beach. We have got these five supercenters. They are doing well, we are doing our best to adjust to it and we are trying to do it in a way that's not intrusive, that's not objective. I don't know of any adjacent property owner who has called. I know that we put them on a two- year limit a couple of years ago, I don't know that in that two years that anybody has called us. I asked the zoning administrator a couple of months ago, have we heard any concerns from these from adjacent property owners?I have not heard of any,people know to call me adjacent property owners out there have not called us to let us know about them and we have also tried to do them in an area that's really not going to affect the customer experience going in that shopping center. You come, you drive into that Red Mill Wal-Mart, and you are not going to see these. The only way you are going to see them is if you go all the way behind, all the way around that hedge and up into our loading area and that's where they will be just for that limited period of time. So you know,we respect and we hear the concerns that you all mentioned but that's what we are trying to adjust to. We have got an online issue, we have got an extremely dynamic change in the market place right now,we are trying to keep the merchandise out there and now I heard a comment earlier —well what you do when you cannot have the containers, you know, there are some jurisdictions where that is outright prohibited and we have to adjust but the adjustment in that situation may be just not having the merchandise that the customers are looking for so they'll go to another jurisdiction or go somewhere else or in the lot of jurisdictions we are allowed to have them subject to certain conditions by right actually in some jurisdictions,we are allowed to have them by right, we try to work with the jurisdiction, make sure that they are not offensive, that they are not obtrusive that we don't have adjacent property issues that they are in compliance with zoning requirements and to try to adjust that. So that you know that's kind of the story we take this seriously, they take their stores very seriously here in Virginia Beach because they are so successful and you know we were out there. What was it Monday or Tuesday afternoon in the middle of the afternoon, and there were people that were coming who are vacationing here, you know buying beach supplies,buying all kinds of supplies,buying their groceries,looking for beach chairs,you know that store with all its 450 employees is serving the community and that's all they are asking for is to be able to continue to do that for this limited period of time. I did hear the comment earlier, gosh that seems an awful long amount of time, that's not the holiday season September 15th through,we have really asked for that four months just to make sure that if a trailer shows up a little bit earlier whatever there is layaway demand you know that we don't have situation violation of the zoning ordinance, is a practical matter. I think that Ms. Conway who is the store manager will tell you, they are not there that long, you are not going to have 20 trailers out there from September 15 through January 15 and it is a practical matter, once she has the containers there and the merchandise is out of them,she doesn't have any need for them to continue to be there, so she calls them up and says please remove these but again we ask for 20. So if there are 20 out there at any given time again we are not having the zoning violation or we are not having a situation. So we would certainly again we brought the whole team, every store manager, the market manager, someone from the corporate office were happy to answer any questions but we want you to know we did look at the transcript and we did discuss the transcript with the planning staff from the discussions that you had two years ago and we are working on it. We are trying to keep these stores successful in a very dynamic and changing market. So with that said I will be happy to answer any questions. All of the conditions that we reviewed with the staff are acceptable to us and again I am not aware of any objections or anyone here in opposition. Mr. Thornton: Questions for Mr. Kleine, Mr. Redmond. Mr. Redmond: So you said that in instances where in the jurisdictions where you cannot get approval for this, the store adapts, right? Mr. Kleine: Well when I say adapt, if you cannot have them then you just, there might be merchandise that people are asking for that you just cannot provide, yeah. I mean that's or there might not be the ability to do the layaway or offer that service and offer the merchandise. So it is really just about being able to provide the merchandise that people are asking for that store. Mr. Redmond: What are some jurisdictions where you cannot do that in the Commonwealth of Virginia, are you aware of any? Mr. Kleine: I would have to go back and research, I am not aware. Mr.Redmond:You heard my concern this morning is I don't like doing this with no context, right. Mr.Kleine: I mean I know in Chesapeake they are permitted,you know,you got a lot of containers subject to certain requirements, I know Norfolk you are allowed to do them subject to certain requirements. Some cases you may have a zoning overlay district such as town center for example where we have it screened and you know unless it's like a special event or something, there was certain restrictions on having them there. I would say that puts a big burden on that store too, you know, again town center is a dynamic area,we put our office there at the very beginning so I know how dynamic it is. I watched it grow up outside my window,a few years ago people said well we are not sure that Wal-Mart make sense at Town Center, Wal-Mart compatible with the Town Center model and all that so again that was a by right side that Old Bill's flea market and we work with the staff, Wal-Mart some of these folks, the corporate office worked with the planning staff and did a town center Wal-Mart there, even though it wasn't fully about the zoning ordinance to try to have something that fits in with the environment. That's a hard issue with the holidays to be honest with you,because the reality is you have got all these people saying I would like to put this on layaway, I would like to have access to that equipment. I would like to have that bicycle and we may be in a situation that we just say I am sorry we cannot do that. Mr. Redmond: Why is that unique to Wal-Mart? I am unaware of any other retailer that we have had asked for trailers? Mr. Kleine: Well, I don't think it's unique that we have had trailers in some of our stores. I think it's a lot of just meeting kind of the customer to manage and try to make sure that the merchandise is available and be successful. I don't represent Target, so I don't know to be honestly I don't know that they don't have trailers at their sites,perhaps they don't at the Hilltop site. Mr. Redmond: We haven't seen them, I mean this is the only Wal-Mart is the only retailer I am aware of, that's ever come before us is asked for trailers around Christmas time as I said this morning Kohl's doesn't do it, Target doesn't do it,the extent that there are any J. C. Penneys, they don't do it. I mean retailers that you are talking about before, I have never seen it from Sears or K-Mart for some odd reason.This is particular just for Wal-Mart and look at these shopping centers and I think to myself wouldn't any other retailer be inclined to come and say yeah we'd like a trailer. What about Big Lots which is you know adjacent to that store and once bought, you know, another retailer in some places just said, we could use one or two. I don't think we want to encourage this notion that if you have a store and you are busy in Christmas because they are all busy at Christmas from the guy that has a 1200 square feet, and he just sells shoes to you know couple of hundred thousand square foot Wal-Mart, again you are going to face greater strains at Christmas time. I don't know that's something going forward that we have to think is just sort of assume that that's okay to do that because we do have site plans. Yeah those other four walls will cause some, you know, some constraints and so the changing retail environment is challenging for anybody. This is the only retailer that I am aware of and whatever 11 years of doing this,that's ever asked for this and I don't know that it's necessarily fair to everybody because I would think everybody would want at least one--what a heck, I am selling lot of shoes out of my 1,200 square foot store so anyway that's my concern. So now here what are you saying about it makes easier for Christmas timing and moving bunch of stuff at around and I understand all that but those are constraints that every retailer faces. Mr. Kleine:But I do think you know some of our merchandise is all different sizes. You got lot of bicycles, you got toys, you have things like that and our stores are just very successful. I mean they are, they are extremely busy, very successful stores here. The model is such that you know a lot of people; we have got a lot of traffic to these stores. I don't know what the traffic counts are to other retailers. I think you will have also have a code that would permit other retailers to ask, you know,when there are discretions and I think again we are doing it in a very unobtrusive way. I mean this is literally behind the shopping center in an area that's almost enclosed on four sides because you have got the back of another retailer behind this, retailer on two sides and then there is very mature hedge so you know when I am asking to put them out in the parking field. We are not asking to have them there indefinitely or asking so that we can get through you know this much and that is I mean that's the reality of the situation, I'll ask people like Laurie,the market manager, if they have anything that they want to add to what we said there but I mean that's what we have during that period of time. Mr. Thornton: Ron, a question? Mr. Ripley: Torn if you read that the verbatim we said at the very beginning last year that we are ecstatic that the commerce was there, we want the commerce to continue. The idea of what the discussion we have was in good faith was how do we do that, you know,how do we kind of plank and come forward with to help solve this problem in long term and not have that because there was an objection then and you can see it really hasn't changed as far as the way I think this commission kind of looks at it. When I think about Wal-Mart, Wal-Mart has written, how many books have been written about inventory supply chain management, I mean, it has been studied and the highest business institutions in the country over and over again because it is so efficient. Here we got this what we are looking at here it says inefficiency and it doesn't seem to line up with their philosophy to me. I think what was important to me last time is that the managers did come in and they said yeah,we know we are at this problem. We think we can solve it and I realize things do change in the market place and if the commerce is really doing well. There may be another way to solve it and I think I have heard this morning I think maybe at the most some additional time to help solve it might be palpable but this being a long term solution, I don't think that's the solution. Mr. Kleine: I appreciate that Mr. Ripley and we did share that transcript obviously with the leadership that's here and it has been a changing environment just in those two years, you know, the demand on that store, I am talking about the Red Mill,just continues to go up as we discussed with Dr. Kwasny out there which is great for Virginia Beach, it's great for everyone and so to the extent you know two years ago they were looking and I know that Ms. Conway the store manager, they have looked to re-configure areas in the back.They looked to try to establish more efficiencies and keep merchandise on the shelves, keeping the shelves stocked so that you know you are not going in there and saying oh my god,there is none of this item but it's all back in the storage locker at the back. It mentions they are trying to keep 10 plus items of each thing continuously stocked on those shelves. So that you are coming in and you are looking for something it's there and we are also again trying to have additional efficiencies with respect to the fleet of the Walmart trucks that you see coming, getting the stores off-loaded, getting the merchandising off the shelves. Mr.Ripley: But in that inventory model, I mean,the inventory model is that the warehouse knows exactly when they need something and it's moved up as oppose to putting it out in the parking lot. Mr. Kleine: And for that limited period of time though, there was just not that room, we have got so many people coming into these stores asking for certain items to keep that merchandise continuously on the shelves. To keep them successful, you do have that big press and as I said we are asking for the four months. It's a practical matter, it's not really four months of trailers. I mean, we are having that window just so you don't have a situation where we're in violation but it's really a big push over a shorter compressed period of time,black Friday. Mr. Ripley: I am not speaking for everybody up here but if you had another year or two to help solve this issue, would you be willing to good faith of work on that get it done or not? I mean it buys you time and something you said in the presentation I want to take exception to and that is that you didn't hear anything from the staff. It's incumbent on the applicant to solve the problem not just staff to have to go out and solve the problem. Mr. Kleine: I am sorry if I misspoke. Mr. Ripley: It sounded like nobody has contacted you in the two years about this issue. Mr.Kleine: Oh, no,no,no what I was saying was what I checked was,had there been anyone from the community called to complain that it was a zoning violation or some issues associated with them being out there, that's what I had asked. No, I certainly didn't, we had many discussions with the staff and we are very familiar with the issues. Mr. Ripley: It is incumbent on you to solve these issues. Mr. Kleine: We understand that. And may I introduce, this is Laurie Smalling-Letts with the Walmart corporate office. Ms. Smalling-Letts: Good afternoon, thank you for the time you know as I sit here, I have been with Walmart for 17 and a half years, and I completely understand your concerns but I have seen a drastic change in retail in the time that I have been with the company. We are a good corporate citizen and we provide, as Tom has already said, 2,400 jobs in Virginia Beach. We have given back over 2 million dollars annually to your community through food donations,through CHKD, through local organizations. We have also with just taxes in the State of Virginia, sustain local taxes over a 109 million dollars that are coming back,through tax dollars,so yes we are a corporate citizen that is operating in your city,within your city. I have worked as I said with Walmart for 17 and a half years so I have been at federal state, local, international working with governments on how we engage and how we support the communities we serve. I understand your concern about our inventory management but our stores are built to basically serve customers nine months out of the year. That other additional, there is the influx of traffic. I was just visiting with Melissa who has a store, she has 60,000 customers coming through her door during the holidays. She has an increase in millions of dollars at inventory that's coming in. So I understand that just in time, and pretty much you know most of the year, we are able to do just in time inventory but our just in time inventory now is just in time for the store. The customer wants to be there just in time for that parent that doesn't want the big item to be shipped to their house but they can pick it up at store and then we will have to pay a shipping fee. I just did it this last year, we were buying a shuffleboard table for our boys and it was from Santa we didn't have it shipped to the house. It would have been free to go to the house but it was free to go to the store. We went to the store because we didn't want it on the front step when we came home and didn't know what the box was going to say to surprise what Santa was bringing. So there is a changing dynamic and when you are asked about finding an internal solution to be able to do this, that would be coming back and that would be multi-million dollar expansion of trying to add inventory for the three months, which we would have to go through all the process and everything else. We are in the time right now that in retail we are fighting for our lives. When you look at what retail spaces are going out of business and the retail space that is actively being used, that is going away where it's not generating sales tax revenue, I would love to say that we can come in and tell you that for every store in Virginia Beach,we are going to go in and invest 10 million dollars to expand the stores so we have the inventory space for Christmas. Unfortunately, we are a low-cost retailer. Every cost that adds on adds to the cost of doing business and adds to the cost of every item that your constituents would be purchasing at our stores. So we have to evaluate the kind of the big picture and yes I know trailers don't look great but you are right. Like in all the other jurisdictions that I have worked in, I have had the experience where they understand that we truly like, I tell people, people think oh you are a retailer, we are actually in the people business. We work to get our associates to serve the customers that come through the door. It happens to be the merchandise what's in between and there is a lot of merchandise at Christmas time. It is fortunate that we are having increases in sales but as we have been talking to each of these stores,we have online grocery pickups so we are creating new jobs for those associates to have additional training to be able to serve those customers that want to come in and get their groceries. So we are increasing skill sets, we are investing in our people, we are doing a lot of great things. We have to be able to serve the customer to be able to stay in business and so it is this additional merchandise that we need during the holidays at all of our stores. There was one saying as I have been visiting with some local officials about our community engagement, everybody is like are you facing the same issues in the other jurisdictions?And we are not. We had trailers at all of these stores and so and I have to say that Virginia Beach is absolutely beautiful and you're building and everything else. I understand the pride that you have and making sure that you are making the right decisions but we are trying to make right decisions for our customers. By having the merchandise that they want when they need it and being able to have pickup in our local stores where people can order big items for their kids and surprise them and layaway. A lot of retailers have done away with layaway because it is expensive to store that merchandise and to collect ongoing but that's our core customer. They need layaway because they cannot afford to come in and buy it all in once. So I understand and I would love to say that we could say hey give us another year and we will come back and we will have a solution. Unfortunately, I think that the only thing at this point is that temporary storage to get us through and will continue to work through our inventory and figure out there are ways that we can reduce the number of trailers. I also don't want the company to go out of business. I don't want us to have to reduce inventory because people aren't shopping in our stores and that's what we are facing as you look at the competitive landscape. Where retail is going, more and more is going online and we are here providing jobs in your community, we are providing tax dollars that come directly back to your community and we are serving your customers that are your constituents. So I do appreciate you hearing this but as we are sitting back I know our stores need this because this is the first issue that I heard when I came into the market last year is that the city doesn't like us and it was our trailers. That's the interpretation of our store managers. When they came here two years ago, the feeling as they walked out was that it was easy for you all to kind of say well we don't want to see you and you fix it. They are managing 400-450 associates. They are managing millions of dollars of inventory that's flowing in the stores and unfortunately they are just trying to make sure that they can accommodate customers and serve the customers with the merchandise they want. So if you all decide that we have to come back and come up and invest then maybe Tom will be coming here and saying we are actually closing another store versus building more. That's the retail environment as I said I came into Walmart where we are opening 250-300 stores a year, this year alone we are opening 20, consumers are changing, shopping behaviors are changing that where we can keep our customer shopping in the stores that's what these store managers are here fighting for just to make sure we can serve those customers. Mr. Thornton: Don't go away,we may have some questions. Any questions for Laurie, Mike? Mr. Inman:From either of them, I respect that what you were saying about what Walmart does for the community, I want to thank you all for that. Our job is to a great degree about aesthetics and keeping our city beautiful and this has something to do with the storage units that you have. It is still curious that and I know you guys are smarter than most of them, but nobody else seems to need this.Maybe they haven't figured it out yet,I don't know. What about other off-site warehouse facility, maybe several smaller warehouse facilities that are in an industrial part versus having the trailers right there. I know it's not convenient as far as restocking. It is not as convenient but it's an alternative that would eliminate the trailers, maybe that doesn't work. I mean I understand. I am not trying to restructure Walmart here but what are the alternatives could there be to satisfy? Ms. Smalling-Letts: And we have had those conversations about that and just from the logistical standpoint. So our trucks come in and bring the trailers and then they could place in the parking lot. We don't have short haul like we don't have small trucks that kind of go from point A to point B. When you talk about putting in an outside storage then it becomes running new hauls and it becomes finding CBL drivers that would be beyond the corporate time and then the liability of having the merchandise and being able to transport it back and forth. So we have had those conversations. I know Tom you have had additional conversations even with internal real estate but you know it's we have the space there, we can have associates go out, we have locks on all of it. We can monitor when they are on property. So from that standpoint, it's just we are setup logistically for long haul not short haul just in the way that our logistic system works. Mr. Thornton :David? Mr.Weiner:And I want to thank you also. Walmart does a great job around here and they are very good corporate citizens with the City of Virginia Beach, doing a fine job. I think it took us by surprise that's what I think for pretty much here. I even asked Jimmy. I thought this was a done deal, they are going to take care of this. That's what I think. That's why we are talking about this right now and on the other hand not thinking about the applications. If you looked at the number of people who walked in the Walmart compared to Target, it's probably double and that's why they need a containers because, don't take this wrong way, but if I have to go to Walmart, I will go 5 in the morning where I can get in and out. I think that's why we are here right now because of the people that go there are about double the people that go to Target. I think that's why we are little bit shocked to see this come in front of us again. Mr.Kleine:And I think again,we have those issues with the stores being very successful and again just the changes with the retail market changing. Our firm represents a lot of other type of entities and we are seeing so much dramatic change in business over time, I mean, there have been sites as I mentioned before that I took through very ruling entitlement processes in other parts of the Mid-Atlantic. Walmart ultimately decided we are not going to do the stores, even though we have been through lawsuits and everything, to get them approved. It's changing that much and as she mentioned, with the mode we used to be and building so many stores when last year I think the only store I am pretty sure that this is correct,the only store that they opened in all of Virginia was this one in Hilltop. That's what the change has been. Getting to Mr. Inman's comment, and I respect the concern about the aesthetics, I am a resident of Virginia Beach and I appreciate that. We are trying to find with every one of these applications the places where they are the most unobtrusive and no one is going to have to go back there to look for them here. Ms. Conway,who is a store manager,also gave commissioner Kwasny her word. These things aren't going to be just scattered around there. You have got a defined box we have to keep them in, we have got an understanding with the adjacent property owner that there was a defined area that they are going to be in. They are going to be uniform, there are going to be stacked and again her business model as soon as she doesn't need that thing and she locally had used another thing that has changed. It used to be that the delivery of these trailers etc. was handled at the corporate level. That's changed and it is now handled at the store level as I understand. So Ms. Conway is going to be there at that store, running that store, and she is going to realize we don't need these five trailers. Call up the folks, get them off the site and so maybe you are down to 10, maybe you are down to 15 or whatever. We have deliberately, and you will see with all the other applications, found spots that are going to have to minimize any kind of aesthetics adjacent. The newest one that we have, that we will talk about in a moment, there is some fencing that the staff has asked for because there is an adjacent shopping center, so we have a very cognizant of that sir. Mr. Thornton: Karen? Ms. Kwasny: I don't have a question. I am wondering whether or not we are listening to each one of them individually and then we will have closed it, so that we can have conversation. Because I think, I am passed a point of question for them, I am to the point of wanting to make a comment or two that we could just ask, but don't know when we are going to do that. Mr. Thornton: We are going to close public hearing sooner than later, because I think, unless we have got anymore specific questions but we are going to hear their argument all at once and then we are going to deliberate. We have got to make a decision on each individual one, but I don't want to stop if we got questions, let's keep asking questions and Mr. Redmond. Mr. Redmond: I do have a question. That's the variations in the number of trailers in each one of these four applications, can you explain it? I would prefer some sort of you know specificity and metric, not merely the store manager says 10 or the store manager says 20. As Mr. Ripley said, you guys have a pretty well known and extraordinarily sophisticated logistics and supplied management reputation, I am sure was probably a good bit more specific than that, so 10 versus 20 versus. Mr. Kleine:Well, I think I can address that probably on a site by site basis. On this particular site, we have the room. It's one of our largest stores, 200,000 square feet. So I think this is such a big store between the proximity to all the tourist areas and in the other parts of the city. I think that was evaluated. We also have the space on the side in that area, so that was a 20. With the other stores, we can talk about. Some of it, we have less space. Some of the stores are smaller like the retrofitted K-Mart that we did at First Colonial. Mr.Redmond: Yes, it's a question ahead actually. What's the square foot of store Hilltop?Do you know of the top of your head square footage of the store at Hilltop? Somebody was asking this morning and I don't know. Mr.Kleine: I think in the range of 152,but it's based off of sales. the metric that they do internally and this is from the market manager, they do look at the sales. You know that they have of that store and what the increase demand is anticipated to be with the holiday season in that shift. Then they look it, where feasibly we will be able to house that merchandise based on our historic data, numbers of customers coming in an anticipation with the holiday. Mr. Redmond: Okay, thanks. Mr.Kleine: And there are practical limitations based on do you have space more than like Phoenix Drive,we just have that location on the site. Mr. Thornton:Questions on this side, over here, I see no more hands, I see no more questions. So with that we'll close the public hearing and will debate this matter amongst ourselves, thank you. Mr. Kleine: Thank you. This is just the public hearing on this application. We do have different issues with the other. Mr. Thornton: Why don't you quickly give us the nuances of four of them, so we know Nimmo Parkway has 20 containers, we know where they are going to be,what about, do the next three in executive summary because they all should be reasonably similar except for Hilltop. Mr. Kleine: And then I know with respect the Hilltop just for purpose of keeping the record, we have some gentlemen that are going to want to speak from adjacent property owners. We want to make sure that the record reflects that opportunity. Mr. Thornton: That one will be last. Mr. Kleine: So I think that one in your agenda was actually the next. That was number eight, so perhaps if we wanna skip, now to number nine and ten. Mr. Thornton:Nine is Lynnhaven and ten is Phoenix. Mr. Kleine: Okay, so Lynnhaven again it's a similar situation, this is one of our larger stores with heavy sales. You cannot see it very well with this site plan, but these would be placed around the back of the store, pushed up as close to the stores as the fire marshal will allow us. We'll have to work with the fire marshal on that, outside of any travel lanes. This is part of a larger shopping center. You have got an adjoining shopping center next to us, so this is not a situation where it looks like a parking lot in this but that's actually, this area over here is actually more in line shopping down to that shopping center. So there is a little passage way but from the parking field out here, there's just really no visibility. He is proposing to park some of them along here and then some of them along there. The back of the store has a pretty well defined stormwater management facility. There is also very defined hedge that runs along the back there. The adjacent property notices have been sent out. Signs for the stores have been posted. I am not aware of any of the adjacent or nearby property owners who have any concerns. This is one of the large stores like the Red Mill, a 200,000 square foot store, and again a very successful store. There is a lot of demand for some of the layaway and some of the other merchandise at the holidays. We have a series of conditions that are acceptable to the applicant here, no hazardous limitation on the number, limitation on the time of year that they would be out there. The final location of them will have to be subject to final approval by zoning and fire marshal etc. But they're back there, near the loading area that is not visible from public right-of-way. You can see the mature hedge across there that's providing successive buffering with any the residential behind is a multifamily. Ms. Rucinski: And how many at that store? Mr. Kleine: That would be no more than 20. The next one, number 10, is Phoenix Drive and this is a store just near the Lynnhaven Mall.You may recall,we came before the Planning Commission and City Council a few years ago for an expansion for this store so that we could add the full grocery component. At this store we are proposing to put them back in this area and have no more than 10 over there. That's where they historically put them at this 168,000 square foot store. It was originally a division one store and it was expanded a few years ago to make a little bit so we had the full service grocery component to it. This again is an area of the site, it has very limited visibility as you can see, very mature hedge along this side. It's way off to the side as you drive into the site, all the vehicular access for the most part is from the front or from the other side big parking field because the side is over parked. I heard your comment earlier about parking, I think this was parked at 4.5 per thousand ratio and the city requirement is 4 per thousand, so we got lot of parking. We are trying to keep them back there, minimize the visibility. There is also a condition, that is a little bit unique from the others that if this site over here were ever to be developed and for whatever reason that hedge were to be removed or thinned out, we would have to put a wooden fence or some type of barrier fence along there. If we were going to continue to have the containers in that location, but again that's a condition that we worked out with the staff. I cannot tell them how they would really have any visibility again. One of the entrance features over here and then entrance over here,there would be very minimal.You really have to drive over there and again there is a lot of parking that's not used at this site. That's where they would be located. So the conditions on that are acceptable. I think those are the three which you have looked at before.The new site is the one at Hilltop and that is agenda item eight. This is an exciting store. I have to say because we worked on this, I live near the store, it took us a long time working on all the documents to get this together. I think for those of you who aren't familiar with this shopping center and Kmart,that was a very dated Kmart that ultimately went out of business and that center was in need of significant work. Walmart came in a few years ago. We went before the City Council for a conditional use permit associated with some of the accessory components that we have over here. It's part of that approval. We also showed architectural detail. We worked very closely with the staff on dressing this up. We took that old Kmart store's respective old walls, for the most part, and gutted it and did a few additions on the sides. If you have been out there, you really have to look to not know that it's a completely brand new store. You would never know that it was essentially, we have retrofitted the older building that's there. You know this site has a shopping center with other retail parcels that kind of surround it. They are owned by different property owners.Those gentleman are here and they are going to speak with us.What she is asking for, the square footage of this one Jackie, 152 and that's approximately the size of the Kmart that we took over with a little bit of few tweaks to accommodate some things around the area around the sites. So on this side, there are reciprocal easements for parking and travel lanes etc.,with this overall shopping center. You can obviously access this site of First Colonial.You can access it off Donna Drive as well. Over this area here is the loading area. Again we try to identify and on this side is our garden center and this is the Autobell. Of course the store faces this way and then passed on a drive, you have Laskin Road up here. What we have done over here is, she has a limited need again for some containers. She is anticipating seven to ten so we are asking for 10. So limit on 10 again the same limitations that we have before. The staff did indicate that because we are adjacent to this retail area, that's owned separately from Walmart, that we could perhaps put in some fencing. There is a screen fence, it screens some of the loading area that's of a wood nature over here. They asked if we could put something similar to that or compatible with that. It would be temporary if you could go to the site plan there kind of a long like that actually it was a previous one, like that, I think the staff reports showed it going all the way down here and comment was that's an awful lot of temporary wooden fencing when you are needing to get into the containers over here. When you have got basically screening yourself from your own store over here because the remainder of the center is over there. The other issue is some questions we had, wait a minute what does this box mean,there is already a site plan that shows some parking spines etc. She would just put some of these containers in those existing parking spines. So we are not proposing to block any travel lanes or drive aisles, it's more just to get them closer to the store. This area back here is a loading area. It has some reinforce concrete, there is a lot of truck activity with the deliveries that are coming back there each day. I know one question is could you push them back little bit further. That's why we have them kind of in these areas over here on our site located to typically put them in some of the perpendicular to one another within the spines. But not interfering with the routine truck travel lanes that are coming into the site or anything that would pose an issue from a fire perspective. I did speak with Mr. Aspin Wall who owns the self storage on the other side here. He does not have any objection to it. I know the gentleman from Pratt Street did want to comment on it, they did. They are new owners of the remaining shopping center and they did contact us last Friday just indicated they have some questions and I believe that they would also like to speak. So on that part, I will be happy to answer any questions or if not defer to the gentleman from the Pratt Street. Mr. Thornton: So you are talking 20, 20, 10 and 10 on number count; we got that? Two at 20 and two at 10. Mr. Klein: Yes sir. Mr. Thornton: Don. Mr. Horsley: These are all 20-foot containers right; they are not 40? Mr. Klein: They are 40. Yes sir. But they would all, have defined limits that we would have to keep them in, so there are precise locations. We have to keep them within those confines. Mr. Thornton: Any other questions for Mr. Klein? Okay thank you. Mr. Klein: Thank you. Ms. Cartwright: Alright, we do have one speaker in opposition for item number eight, Jeff Spatz, would you please come to the podium and state your name for the record? Mr. Spatz: Good afternoon, I'm Jeff Spatz on behalf of Pratt Street Capital, PSC Hilltop and other co-owners of the adjacent center there. As Mr. Klein explained, we own a retail center, over here as well as on this side of the Walmart center.On each side we have properties,retailers are on each side. There is a reciprocal easement agreement between Walmart and our ownership which was placed there by the prior owner,prior to the sale to Walmart to allow both parties to have utilization of access ingress/egress etc., so that there will be kind of cohesive flow to the center even though it is separate parcels. We only did learn about this more recently, there are many factors that are moving parts. One is this Walmart is a relatively new Walmart. As Walmart explained, they have been opened a year. It may be just over a year, but it's a pretty new Walmart and we are still just digesting how the impact is on the center. They have been a great neighbor,we are happy to work with them,but we want to make sure that the traffic flow, the truck loading and the parking do not get adversely impacted. We did get to this a little bit late in the game. I want to thank the Commission and the staff, especially Mr. Davis. I am not sure if he is here, okay he has been very responsive and very helpful. It has made our job of digesting this in a short period of time much easier, so thank you and that being said we want to be good neighbors. We want to accommodate Walmart. We want to help them be successful. Retailers in the market,we just want to ensure that it does not adversely impact the aesthetics as the Commission is concerned, and as far as traffic flow and truck loading as well. The site plan that they put together had a call out for a substantial area where they may or may not put the trailers. We would like to little more closely define it to understand. My understanding from being at the center and from speaking to Walmart is that the trucks actually do come along the back of our retail establishment and go through here so I want to make sure that does not impede and Walmart has verbally said no we would make sure that it doesn't impact the truck ingress/egress and loading area. So we are not in opposition,we just want to make sure that it is working in a cohesive manner with the entire shopping center.Now we could all work together so as much as we are quoted as opposition, we are not here formally saying that we are against it, we just want to be done it in a way that enhances entire center for Walmart as much as you know our retailers. Mr. Thornton: We have a time limit on speaking. Mr. Spatz: Oh, I am sorry,my first time here. Mr. Thornton: That's okay,that's fine, questions for Mr. Spatz from the Planning Commission. Mr. Redmond: Was the fencing a priority for you? Mr. Spatz: The fencing would be helpful but part of that is to understand exactly the layout of the storage facilities and then we can see the visibility, the eye sight. So to understand there is a lot of parking here to understand exactly where in this area. It will now be set,then we can understand exactly the site line. We really want to keep it looking nice aesthetically as we can and we did ask if they could be set back a bit further to kind of keep it out of the view point. As they said, Mr. Klein explained, it's a little difficult because of the loading area, so we are trying to have a discussion of how we could work together to accommodate it from our perspective. Obviously the Commission has to approve it from their perspective but we are trying to work together to see if there is a way we can accommodate. Mr. Redmond: My concern is whether screening ends up looking worse than better and it could end up looking like. We have all seen the construction site fences that go up, and I just don't want the screening to make it look more of an eyesore than it would as you just said the walls of the containers. Mr. Spatz: I agree completely and that part of the factor of is the screening going to be up year round or is that only going to be there when the storage facilities are there, is it going to be maintained, will it need to be power washed, etc. Those are kind of some of the moving parts that were you know trying to have the discussion on to make sure that it works. Mr. Redmond: My understanding is that screening would have to be removed when the containers are moved. Mr. Spatz: That was my understanding and I wanted to confirm that and the question is from one year to the next, how it will be maintained and at this point, the Commission deems that it is an appropriate use because this is a new Walmart and we are still just trying to get our hands around exactly the logistics and the layout and the trucking lanes. We would propose that it would be a more timeline finite period rather than indefinite approval. Mr. Redmond: I think we are all in agreement with that. Mr. Spatz: That's fine, but I just especially with this site, because Walmart has only been opened for a year and there are a lot of open issues from our perspective. Mr. Redmond: Thank you. Mr. Thornton: Jack. Mr. Wall: So currently the traffic flow and the pattern is acceptable? Mr. Spatz: That is correct. We have not had any issues with their trucks going behind our center and our parcel and using that lonely area. We have not had any issues. Mr. Thornton: Okay, Jan. Mr. Rucinski: I have a question for Walmart. Mr. Thornton: Do you need to ask to this while this gentleman is here? Ms. Rucinski: No. Mr. Thornton: Ok. Mr. Spatz: Thank you very much. Mr. Thornton: Thank you sir. Tom she has a question for you. Ms. Rucinski: So my question is this. If the loading trucks are entering behind where those storage units are proposed, why could we move those storage units closer to the building? Mr. Kleine: Thank you for that question. By the way, and I am going to have the store manager to address where the trucks for the most part are coming through, I will say that the short answer is Wal-Mart is never going to allow something that interferes with their ability to get the merchandise in the store and interfere with their truck routes. So not containers. This is Jackie Russell who is the store manager of the new store. Ms. Russell:Good afternoon, so where the trucks come in,they actually come off the Donna Drive and they do go behind, so they go here and they come down through here and this right here is where they back the trucks up. These trucks are really big so in the morning time, I may have possibly anywhere from I want to say five to ten deliveries, different size of vehicles coming from local business partners for grocery merchandise and then I also have our Wal-Mart corporate trucks. They have to back these things up into four different bays. So they need this room right here to back up the maneuver because they are maneuvering around five to ten other vehicles so I cannot put the proposed bulk storage there because then there is just no way. It's going to create an interference. It's going to create safety issue. Ms. Rucinski: I wasn't really talking about back down the corner; I was talking more like closer to the building because it looks like you have got them up in that front corner, but instead of been in the corner move them closer to the building. Ms. Russell: Good question, I actually have a pickup area, so my online grocery shoppers go to the back of the building and we have a door on the side of the building that allows my associates to come out there and provide that service to that customer. So unfortunately I cannot put it there because that's going to impede on those parking spaces for those customers to come in and come out. Mr.Kleine:But the reason, if you go to the exhibit where it would be,with the black one,that one yes; what we are doing there was really just respecting the property line and showing that would be within the limits of where they could be. We are not saying that they would necessarily be pushed off all the way along that area. We would, you know, we are going to try to keep them in existing parking areas in a way that there was not interfere with pickup,you also have the pharmacy pickup. There is a pharmacy drive through and there is designated spot. The people who are doing the online pickup that you are talking about, but if you can go to the one that shows the site plan, well yes, the other one, the one that shows the overhead, I am sorry, yes so where she would do them is a practical matter. There are some parking spaces that run through here and she would have them within those parking spaces, for the most part in those parking space areas. Mr. Thornton: Do you anticipate ten units side by side? Ms. Russell:So there would be like two and then there would be some space, yes and then two, so I am trying to confine it into allocated parking spaces on my property. Mr. Kleine:As a practical matter, more in this right in here, and then we would, and then with respect to the fencing, the wooden fencing, you know, if we wanted to modify that condition, etc. or such appropriate screening as approved by the planning director or something like that, to provide some flexibility, I think that is yes. Someone has asked the question that is it going to be up and around; no, I mean we wouldn't have just a line of fencing there with nothing behind it or whatever. It would be removed, the wooden fencing you know, sometimes it draws attention I agree, you know, I see wooden fencing, you're like okay what's going on behind that,but there is some Shade cloth screening, there is portable temporary screening that I have seen used in some locations and some of our stores. We have sometimes put it on the inside of garden centers that can come on portable racks that they can roll out there, so if you wanted to modify that condition to say or such appropriate screening is approved by the planning director that we can work, you know, with the planning director to find some alternative as well instead of the wood. But if the requirement is that it be wood then, yes, the wood have to go to a fence vendor and they would have to have basically prefab sections put up and they'd have to have the concrete, portable concrete footers, put out there and then have to have all that removed and then they'd have to -- her employees would have to be maneuvering around that -- particularly if they ran all the way down as it was originally proposed, to get back to where those areas are located and again, if you go back to the site plan, the overhead, you know, here is your visibility. I mean this is the end of the shopping center, Mr. Spatz' company owns right there, so we are talking about this area down here. So you know we certainly can work with the staff,planning director on appropriate screening of that corner that we discussed. I would also say that as soon as Mr. Spatz and his company reached and talked to us, we put them in touch with the whole Walmart team. I think he met with the market manager, he has met with the store manager and he is also schedule to be talking to someone from the corporate office that handles all the real estate transactions and all that to establish a relationship and understanding and of course he understands. I won't put words in his mouth,that this is a recommendation,that the matter still has to go before City Council so I imagine we will continue having discussions with him. At the time Walmart bought this side, it was all owned by one owner so we purchased this site from one owner and then the residual still owned by the owner that we purchased with, so that the ECR and everything that he was referencing was put in place as part of that transaction. Mr. Thornton: No more questions, thank you. Mr. Kleine:Thank you. Mr. Thornton: Standby, you may be back, okay any other speakers in opposition? Ms. Cartwright:No that was it. Mr. Thornton: So we have Mr. Kleine speaking in favor, one speaker opposed, and with that we can close the public hearing and discuss it amongst ourselves. So who wants to takeoff with it, Dave? Mr. Redmond:As you know, I have a number of concerns;I think foremost in my mind is that this has to be time limited. Second, I am most concerned about the one at Hilltop because it hasn't been there before and the current owner of the adjacent shopping center hasn't experienced it either. So I think certainly in that instance, you know, we've got to be very careful because if the two don't play well together then he is not going to able to do anything about it. I wouldn't want an adjacent property owner to be disadvantage in any way for his operations to be disadvantaged in any way and have no recourse about it because there is a conditional use permit in place. So particularly on that site, I think we have to look at that. Furthermore, it cannot be the answer that the interne is coming to retail and is changing everybody's shopping just have more 40-foot trailers everywhere. There's got to be some better answer than that long term or have 10,000 40-foot trailers in the city. I think you know what they are facing,by the way, they are one of the largest drivers of the shift to online shopping but what they are facing, everybody in retail is facing and everybody is going to have to grapple with it and all sort of other different aspects of the economy. But we'll leave that aside for now,so as a long term solution,I cannot imagine and I certainly hope that the answer isn't we just string a bunch of 40-foot trailers around our store, no matter who it is, whether it's Walmart or Target or anybody else. There is going to have to be a better or more professional and more creative solution,typically if you have growing sales, you've got to be stick in trailers outside of your store, that means you need more stores, you need to expand stores that you have.That's more expensive than trailers--that's this whole argument.That's all this is about. But I don't know that that's going to be very good for the city. I certainly don't think we ought to encourage it, and we are certainly not doing it without some sort of time limit so we can review it. I don't necessarily know that any considerations have been given to how to manage that in a way like we discussed two years ago and I think that really has to occur because I just don't -- I hope that's not going to be in anybody's head a permanent solution to changes in the market place. I think we all expect that, very frankly, so would I. I don't know about two years in Hilltop, I don't think any more than one year and the reason I say that is because if it impacts this adjacent shopping center, they ought not to wait two years to try and fix it, that just wouldn't be fair to any adjacent property owner. So anyway that's my thoughts. Mr. Thornton:Karen, and then Ron. Ms. Kwasny:So given Dave's last comment I think it might be appropriate for us to, yes,of course be determining, you know, sufficient appropriate use of space, how much, and how long for each application individually of course because each one is different and has its own unique constraints and needs. I think that, you know, while, you know, it's problematic, what might be causing the issue is a conundrum for all of us, we cannot determine for them how to solve it, all we can determine is how we are going to manage it on their sites for now as well. I understand the fear of other businesses doing it, but they would be able to come forward to us to make that request and then we would have to determine whether or not the very same things we're determining on this, whether it's appropriate use of space, how much, how long, or whether or not they have the space to do it. For instance, Big Lots are usually in a retail space. They are not stand alone and they don't have the kind of space that's behind the Walmart at Nimmo for instance and of course the First Colonial has a different type of space and a different amount of space. So we have to handle that one differently and they are asking for fewer units, so in my view, I can understand a time constraint being applied and I can understand a limitation on the number of storage units.But I think as we are doing it, it's going to have to be according to each of them individually and I don't think it should be with the fear that we are going to set a precedent for every retail business putting storage units on their lots. Because many of them don't have lots to do that and,when they come forward,we have to assess them accordingly. So that's not a fear of mine; is whether or not this is appropriate to the use of the the Walmart on Nimmo in Princess Anne or the use of the Walmart space in the First Colonial or Lynnhaven or anywhere else. It's not our job to figure out how they solve that problem, it's how we solve this one. Mr. Thornton:Anybody on this side, Jeff? Mr. Hodgson:I agree with both speakers. I would be supportive of this with the time limitation. I agree with you on doing the First Colonial one at a smaller duration of time to see how it performs. We are trying to,we are always trying to think a solution for this and you know we don't have the answer for that, but if my math is right, these containers are about 8-feet wide by 40-feet long which is like 320 square feet. Ten of those would give you 3,200 square feet of additional retail space. You are talking about facilities that are 150,000 square feet. There a lot of very good contactors in this area that could easily add 3,200 square feet of additional space on to the back of one of these large buildings probably for pretty inexpensive price and there are solutions to this, but I would be willing to support it with some time limitations. Mr. Thornton: Ron. Mr. Ripley: I too, would do that, you know, we see other types of uses needing trailers, churches need them temporarily, schools need them temporarily, and here we have a situation where the retailers need it temporarily. We can accommodate, but we need a longer term solution than that and I think that two years would be appropriate and so I would be in favor of that. Mr. Thornton: Jack, and then Don. Mr. Wall: Well, I think that these are in commercial areas. I think that the location of the trailers as they have been are fairly hidden, you know, not visible so, as it is I think it's okay, but I do support and I feel it's appropriate for time limit as well. Mr. Thornton: Don. Mr. Horsley: I am like Jeff. I have done a little math and I come up with by the time we get 60 containers, we have built a 20,000 square foot warehouse when you put all 60 of them together. So I have always been pro-business and I want people to be successful,but also try to look out for the city's best interest too. And you know every once in a while I can come up with ideas, you know,but what I could see people come out and wanting to just put up a small store front and put a couple containers in the back and start running a business, and saying why wouldn't we be able to do that?Since Walmart is doing it so, so we don't want anything like that to start happening and we think more of the city than that,but I do want Walmart to be successful. They need to stay in the area. I appreciate what they do for our community. but I think they do appreciate what we try to make our city look like. So I would support it for the two-year timeframe like we did two years ago. Mr. Thornton:Okay, Mr. Weiner. Mr. Weiner:I am definitely in support of two years, I am good with two years even with Hilltop, but when you leave from here today, don't think that we don't like you, because we want you to come back and keep doing good work here in Virginia Beach, so yes I am in support of it. Mr. Redmond: I am not on Hilltop; I am much more comfortable with the notion of a one-year administrative review on Hilltop. These are a much tighter quarters than all these other sites and it hasn't been done before and if there are conflicts between the operations of those two things, I think that the adjacent operator ought to have some say in that and I don't think it would be a lot to ask, nor do I think it would be fair if we didn't do that. [Crosstalk]. Mr. Thornton:We are going to hear these individually, so when we make a motion for each, someone make a motion on Hilltop accordingly. We've got to make four motions, but we are not finished. Anybody else down here want to speak? Ms.Rucinski:I was going to say the exact same thing;I have absolutely no issues with,you know, 7, 9, and 10. You can't even tell that containers are there. I mean I knew two years ago that we did it and on a couple of them when I went by, it was like, oh yeah, oh there they are, you know, you have to go looking for them, but I agree the one at Hilltop, it's almost out, I mean, it's not even really behind the building. I mean you will be able to see it from the front row parking so that one, I do have some reservation with. Ms. Thornton:Karen. Ms. Kwasny:I just had one more kind of concern about the way we look at this going forward because I am not sure I want to consider; I want us to be considering adding another 3,200 or whatever however many square feet it would be, of building in any area where that space might be available when the option is for a 4-month span of store units that aren't visible to the eye from the street. So I don't know that I would like that to be the option that's considered going forward. I frankly, in my opinion, I would rather have timeframes that are administratively reviewed for something that impacts us only for four months and most of us don't see except for when we have a timeframe on a brand new building. That's my thought process, so I am not a fan of urging them to consider adding more building space that I don't think is very wise across the city. I do think that each item that comes before us, as I said before, will be assessed individually by us to determine whether or not when a business wants to put in storage units, they are not just going to get their business and then put up storage units. They are going to ask to do that. So we will, it won't set a precedent what we are doing today, we will have to assess each one individually. So the idea of precedent setting doesn't fly with me either, and I don't think we want more building. I think allowing for some temporary space that allows them to continue to do good business on some of these places where it's not obtrusive is a value to all of us. So I think we should be doing that, I agree. It gets good businesses. Mr. Inman: I will make a motion that we approve applications 7, 9, and 10 with a two-year limit. [Crosstalk] Ms. Cartwright:We need to do one at a time please. Mr. Thornton:So before you make a motion, may I have a word. Mr. Weiner: Certainly. Mr. Thornton: Okay these are, I just want to end up the discussion today with a few thoughts and then I will entertain a motion. In, you know, in the big picture we have got the largest retailer in the United States,maybe the world, asking to put 60 trailers in a city of 400,000 people. So I don't think we are going to upset the applecart and ruin anybody's neighborhood or ruin any retailers since another thought is no retailers have asked for this. Well, Target doesn't sell lawnmowers and Target doesn't sell bicycles and Target doesn't sell foosball table whatever, so I don't think we need to charge Walmart with what other retailers do or don't do. The sad thing is Sears,Kmart, Penney's, these people are all out of business and so what we need to do, and somebody said it on this side of the room,what we need to do,we can do to help Walmart stay in business and we also need to,you know,take care of the aesthetics of the City of Virginia Beach. I am in total agreement with what Karen says and what Jan said; these things cannot be seen almost by anybody except for Hilltop, so it's not like we are letting some intrusive thing into neighborhoods and the truth is, if we put a time limit on it,we have a chance to come back and look at this, I would almost rather, I don't know whether we can do it or not, let this be an administrative review so that they don't have to come back into the public arena. What do you think about that? Mr. Redmond:I was going to ask you that, what you were asking for, administrative review on an annual basis or two-year basis is certainly typical or not uncommon. I want to make sure I am saying the right thing here. Mr. Thornton:I would prefer that -- I mean you all are competent staff of people and if they are violating the intent of what they have agreed to, you will know that, now my colleagues on this panel may not agree with me and they may want to force them back to the table to the public arena, but I would be comfortable with administrative review from the staff and if this thing goes right, goes wrong, I don't think that in three or four years when this has a chance to work itself out, they may end up not even needing this space because of the way the retail world is shaking out. So you know, I am in complete support of this application. If we want to put an administrative review on it,then we can have a motion. Yes sir. Mr. Weiner:Point of information, please explain an administrative review to me. I don't know exactly, how that works? Mr. Frankenfield:It means you don't ever see it again. Mr. Weiner:I needed a little more detail. Mr. Frankenfield:Little more detail, alright, so what if Mr. Kemp:What that would entail is in our system an inspection would be triggered every year and an inspector would go out, make sure that they meet the conditions. If there are only certain months that are supposed to be there, that gets checked and we would also see if there are any complaints from adjacent property owners. If there have been any property issues in that past year and typically if they have met all the conditions and it has gone on without any issues, it would be administratively approved for another year. Mr. Inman: I need to respond to that. So that means we never have another chance to consider this if they comply with this application conditions? Mr. Kemp: That's correct, unless you put another time limit, for example for five years with an administrative review every year. That would be the only way, it would come back. Mr. Inman: Permanently have number of trailers as requested? Mr. Kemp: Indefinitely as long as they comply. Correct, except if there were problems with the site and we revoke that administrative approval, then they would have to come back to you with another request for the bulk storage. Mr. Thornton: Dave. Mr. Redmond: I have a question to comment on that. So Barry this morning you indicated to us that in a briefing with city council; one of the things that they had mentioned was that they want to see a time limit, correct? Mr. Frankenfield:You are correct but they didn't have any particular consensus or detail. I just wanted to let you know, right, but let me tell you that it has come up in our favorite short-term rentals that if,and I have to ask Kay about this. We didn't determine if this is legal,but they asked that when the administrative review is done, that council be advised of the administrative review. So there is some possibility here you could have a little more oversight then never see it again. Is that right? Ms. Wilson:Yes. You could ask that they let you know what the determination was; also if you have one that is a problem that people complained about. Staff can bring them back to you, and so we can administratively do this, it's yours. Mr. Thornton:So Dave. Mr. Redmond:Well, I am not sure that I agree with the administrative review, I mean, it doesn't sound like it's really much of a review. I don't think a two-year, I don't think coming back for a conditional use permit in two years is a great burden for anybody, so the two-year administrative review, it doesn't sound like much of a review at all, it sounds like unless something goes wrong, then it's going to get renewed. I just don't think that's good enough very frankly, so and I still am concerned about that Hilltop site. Ms. Thornton:Well, unless something does go wrong, why should they have to come back here? Mr. Inman:I can answer that. We are here because times are changing with regard to retail and all. Times are going keep changing and do we want to have anything to say about something that we could have spent an hour and some time talking about the aesthetics. So if it is an aesthetical concern, that may not be necessary after two years or four years or whatever as we review it going down the road, because with the administrative review, we have nothing further to say about it as long as they comply with the conditions. Mr. Thornton:Back to Barry. When Mike says we have nothing to do about it,if you in your review process find a problem, it sounds like Kay said then you can bring it back. Mr. Inman:And if there are no problems with that then we do not have any right to have anything further to say about it. Mr. Thornton:That's what led to my question, if there are no problems, why do we care? But we must or you think we must, anyway. Ron? Mr. Ripley: I'm the same way, administratively, I don't think I have ever seen administrative review come back here that I can remember that we had placed that in there and there was a violation of that such that it came back. I go back two years ago, in good faith, there was representation that there was going to be an attempt to solve this problem and it really hasn't and I think you might be right I think in a couple of years it might solve itself. I mean in the market may just, you know,be so much more online and less in-store, then it solves some of its problems itself. So I think two years is not unreasonable for everybody to put their heads together and try to find a solution that's better than trailers. I think again if I own that retail shop as Dave mentioned then,what's to prevent me to come here and wanting to have a trailer,everybody can have a trailer, it would be really nice. [Crosstalk] but what you said where you gave Walmart 20 trailers, but then I should have one. Ms. Rucinski:I mean size, need, whether or not they have the space, whether or not it's obtrusive to the eye, all of those things would have to be part of the evaluation. Mr. Ripley:I don't have enough space, I need more retail space. Ms. Kwasny:I think you will have to evaluate each of them individually. I don't think you just blank check all of them because you did a Walmart, I disagree. Mr. Thornton:Okay and last number 10, who will motion on number 10. Mr. Inman: I will make a motion to approve agenda item number 10 with the two-year time limit. Mr. Redmond:Second. Mr. Thornton:Second by Mr. Redmond. Vote is open. Ms. Cartwright: By recorded vote of 10-0, item number 10 Wal-Mart Real Estate Business Trust has been approved with conditions as amended. Mr. Thornton:Thank you all for your great work in the city and we wish you well and figure out a way to not have as many containers in two years AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER ABSENT REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE CONDITIONS 1. The location of the Bulk Storage Yard for the storage containers shall be limited to the area depicted on the proposed site layout, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, and shall be subject to all applicable building and fire codes. 2. The storage containers shall not be stacked. 3. The storage containers shall not be placed within any easements. 4. Unless otherwise authorized by the Building Official's Office and the Fire Marshall, the location of the storage containers shall be so as to maintain a 20-foot wide accessway for vehicular traffic flow and emergency access to the building and HVAC equipment. 5. No hazardous materials shall be stored within the storage containers. 6. Prior to use of the site for the storage, the applicant shall submit a plan to the Planning Department and the Fire Prevention Bureau showing the location of the storage containers for review and approval. 7. The storage containers shall be limited to 10 and are only permitted on site from September 15th to January 15th 8. The existing plant material along the northern and western property lines shall remain and shall be properly maintained so as to provide a continuous screen to the Bulk Storage Yard. In the event that the property to the north is developed and the existing plant material is removed and fails to meet the intent of the Category VI screening, a solid fence shall be installed along said property line at height and with materials approved by the Planning Director. 9. This Conditional Use Permit is valid for two years from the date of approval by the City Council. • i L_J MI L.H! Li \ 'I] Mal I NMo I 11 CI j ( _- \ 0. AO Elaiji CI \ 14 411111ailliginallillEill 111- .ISTMff i CO 1-1, 00 Ei - F-1 r— \ __ , ik.--- \ \ ' ''..,.. ce oliallrovrasiminwypy4c/ % Ilft, 1 . . ina id no . , e 2 • : rii N_--. . c 44404°,r— if IL] Eil I '''' '-., \*6• ----- ----C:3 _dig; ii .\ \ ''' \ \ 1— ! "--4r) %A.. 1 ,. \'nil r • Mai . , ., . 1 - 1: P , 1 f,,--1 ,, ,,. ,,, „„ .... irmi 1 i_ ...1. ifirl-ri. 1 ) , , °t('' O• C rt l ) , Nem ' StAVIt24% ---"A, p 1-3 , ,, -- ____----i . _ NI I ,-,:,K_.:,---) - - j -----1. 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'IN -1--) ., ., , P \'1.,:-•-. l' --- 0 --•--------- __----- \, N, l% ' __,----n . \'''?%, 0•\ '‘,\\ - .k\ • ;,, \ . , \ .r.--L. . ...,.._....____ Nw.__, �Hl N Egli ; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: WAL-MART REAL ESTATE BUSINESS TRUST [Applicant & Property Owner] Conditional Use Permit (Bulk Storage Yard) for the property located at 546 First Colonial Road (GPIN 2407877650), COUNCIL DISTRICT — BEACH. MEETING DATE: August 21, 2018 • Background: The applicant is requesting a Conditional Use Permit for a Bulk Storage Yard in order to place up to 10 containers on the site. The storage area is proposed on the east side of the Walmart building, located along First Colonial Road. The subject site is located in the Hilltop Strategic Growth Area (SGA). The proposed uses are not consistent with the vision of the Hilltop SGA Plan; however, the market has not yet supported uses that the Plan foresees. The potential use of the property is somewhat constrained due its location in the greater than 75 dB Ldn. The submitted site layout is devoid of the full Category VI screening required around the storage area. The applicant is requesting that this deficiency be addressed through the provisions of Section 221 (i) of the Zoning Ordinance, which allows City Council to grant deviations to required plantings and fencing. Both the Staff and the Planning Commission support this deviation, as the storage area will be screened from the adjacent uses to the north via a wooden plank wall and from properties to the east by the existing mini-storage buildings. • Considerations: The Planning Commission discussed Walmart's four Conditional Use Permit applications for Bulk Storage at one time; then voted on each request separately. Among the Commission's concerns were the storage of merchandise beyond the limits of the building, the negative aesthetics associated with the containers, and the propensity of many retailers to pursue the use of containers rather than constructing a building addition. The applicant's representative stated that Walmart continues to review ways to increase efficiencies and review current logistic practices, but that increasing store footprints at this time is cost prohibitive. The Planning Commission encouraged the applicant to pursue a long-term solution to the storage problem. There was one speaker at the Planning Commission's public hearing. The speaker recently purchased the adjacent retail building to the north, and expressed concern that the impact of the storage of the containers is unknown. After much discussion, the Planning Commission added Condition 9, as indicated by underlined text, Wal-Mart Real Estate Business Trust Page 2 of 3 which places a two-year time limit on the Conditional Use Permit and that an administrative review be done by the Zoning Administrator after one year of approval to determine compliance with the conditions. The recommended conditions below ensure that no easements are blocked and that adequate access is maintained around the building for vehicles including fire apparatuses. Further details pertaining to the request, as well as Staffs evaluation, are provided in the attached Staff report. ■ Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this request by a vote of 10-0. 1. The location of the bulk storage area for the storage containers shall be limited to the area depicted on the proposed site layout on page 5 of this report, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, and shall be subject to all applicable building and fire codes. 2. The storage containers shall not be stacked. 3. The storage containers shall not be placed within any easements. 4. The containers shall be screened from view as depicted on the submitted site layout. The screening wall shall be consistent with the photo titled "Proposed Screening Wall" as depicted on page 6 of this Staff report. 5. Unless otherwise authorized by the Building Official's Office and the Fire Prevention Bureau, the storage containers shall be so located as to maintain a 20- foot wide access way for vehicular traffic flow and emergency access to the building and HVAC equipment. 6. No hazardous materials shall be stored within the storage containers. 7. Prior to use of the site for the storage, the applicant shall submit a plan to the Planning Department and the Fire Prevention Bureau showing the location of the storage containers for review and approval. 8. The storage containers shall be limited to 10 and are permitted on site only from September 15 to January 15. 9. This Conditional Use Permit is valid for two years from the date of its approval by the City Council. An Administrative Review shall be done after one year by the City of Virginia Beach Zoning Administrator to determine compliance with the above approved conditions. Wal-Mart Real Estate Business Trust Page 3 of 3 • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. :::t:::I ,; jl Planning Departmen j 1 vBApplicant & Property Owner Wal-Mart Real Estate Business Agenda Item Trust Public Hearing July 11, 2018 City Council Election District Beach 8 Virginia Beach Request , 70.75 dB ONL q 1wM �� Conditional Use Permit (Bulk Storage Yard) oa..•a^ a f 3 Staff Recommendation M` `PA�d� s °= 4 — Approval 1 e "�� su une ? 9 3 .area Lane cP a r� O ,, kaaa� 5 ve eon i Staff Planner , nard Uriv, Robert Davis s i 26° 1 ONl. x 264 L oki Novena Beach Road Location gh�L.O.; ^� . 546 First Colonial Road y J I € GPINYe $ r 1 i r i 2407877650 5 "R'"'R•x�ROVeraM` € _ x Si Site Size �+ = ; Az, s" o i a 3 1 11.60 acres Qh,oA.enVe AICUZ n 1 end,ana avenue Greater than 75 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District 1 '' ` 11 Retail/B-2 Community Business Surrounding Land Uses and Zoning Districts '� r" vim! +,,,,,,. +> "' o,,,, +r North o,,,,,,, ,4.2.:.. tvl Donna Drive, Nevan Road Retail/B-2 Community Business uo,)"‘,u' , South 1-264 `' - Single-family dwellings, multi family dwellings/ V B-2 Community Business, A-12 Apartment + 1,9,o. East A.. �� .7'- ++ ‘�¢ ac Retail, mini-storage /B-2 Community Business Y`a ,, 4, West +l,.,t( ,,,,.r_ }` Retail/ B-2 Community Business Wal-Mart Real Estate Business Trust Agenda Item 8 Page 1 Background and Summary of Proposal • The applicant is requesting to store up to 10 containers on the site. The placement of storage containers is classified as "bulk storage;"therefore, a Conditional Use Permit is required. • The storage containers will be placed outside of all easements existing on the property. • No other changes to the site or building are proposed with this request. • The applicant is seeking a deviation to the required Category VI screening (a solid six-foot tall fence with shrubs) surrounding the Bulk Storage Yard.The storage containers are screened along portions of the southern property line from the Interstate 264 rights-of-way by an existing row of trees and other vegetation.The existing adjacent buildings provide sufficient screening of the storage area for the properties to the east. The applicant is proposing wooden plank walls as a means of screening the containers from the view to the north and west. of s Lail• • B-2 B-2 ; 1 Zoning History # Request • iNL ='2 1 MOD Approved 04/28/2009 B_2 CUP(Tattoo Parlor)Approved 09/23/2008 4 54. • /I/ lot Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation The proposed request for a Bulk Storage Yard is, in Staff's opinion, acceptable given its proposed location and the retail and mini-storage uses in the immediate vicinity. Although this use is not specifically consistent with the vision set forth in the Hilltop SGA Plan, Staff is aware that the market may not be ready to support the uses that the Plan recommends. The uses allowed on the property are somewhat constrained due to its location with the Greater than 75 dB noise zone. The storage of the containers is an acceptable use in this noise zone, as set forth in Section 1800 of the Zoning Ordinance. The placement of the storage containers is proposed in designated locations outside of existing easements, and such that continuous access for fire safety equipment is provided. Section 228 of the Zoning Ordinance requires that a Bulk Storage Yard be entirely screened with Category VI landscaping, which includes a solid fence, not less than six feet in height, with plants along the exterior of the fence. The applicant is requesting that this deficiency be addressed through Wal-Mart Real Estate Business Trust Agenda Item 8 Page 2 the provisions of Section 221 (i)of the Zoning Ordinance, which allows City Council to grant deviations from required landscaping if"for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties." Staff concludes that a deviation of this requirement will not adversely impact the adjacent properties based on existing conditions as well as the proposed screening wall. Staff recommends approval of this request for a Bulk Storage Yard subject to the conditions below. Recommended Conditions 1. The location of the bulk storage area for the storage containers shall be limited to the area depicted on the proposed site layout on page 5 of this report,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, and shall be subject to all applicable building and fire codes. 2. The storage containers shall not be stacked. 3. The storage containers shall not be placed within any easements. 4. The containers shall be screened from view as depicted on the submitted site layout. The screening wall shall be consistent with the photo titled "Proposed Screening Wall" as depicted on page 6 of this Staff report. 5. Unless otherwise authorized by the Building Official's Office and the Fire Prevention Bureau,the storage containers shall be so located as to maintain a 20-foot wide access way for vehicular traffic flow and emergency access to the building and HVAC equipment. 6. No hazardous materials shall be stored within the storage containers. 7. Prior to use of the site for the storage,the applicant shall submit a plan to the Planning Department and the Fire Prevention Bureau showing the location of the storage containers for review and approval. 8. The storage containers shall be limited to 10 and are permitted on site only from September 15 to January 15. 9. This Conditional Use Permit is valid for two years from the date of its approval by the City Council. An Administrative Review shall be done after one year by the City of Virginia Beach Zoning Administrator to determine compliance with the above approved conditions. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations This property is located in the Hilltop Strategic Growth Area, as identified by the Comprehensive Plan, and the Hilltop SGA Master Plan. The SGA Plan recommends non-residential mixed-use development for this site with uses that are deemed compatible with the AICUZ designation. Wal-Mart Real Estate Business Trust Agenda Item 8 Page 3 • Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. As the site is fully developed,there are no known significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic First Colonial Road 38,238 ADT 1 31,700 ADT 1(LOS 2"E") No Change Anticipated Laskin Road 28,243 ADT 1 31,700 ADT 1(LOS 2"E") —1 Average Daily Trips LOS=Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) There is a roadway CIP project slated for this area. Laskin Road—Phase IA(CIP 2-156) is a VDOT managed project for the construction of an eight-lane divided highway in a 160-foot right-of-way from Republic Road to Winwood Drive and a six-lane divided highway in a 150-foot right-of-way from Winwood Drive to Red Robin Road with multi-use path and sidewalk. It also includes the construction of a six-lane divided highway on First Colonial Road from Laurel Lane to 1-264 and intersection improvements at First Colonial Road. VDOT intends to advertise for construction late 2018. Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service. Wal-Mart Real Estate Business Trust Agenda Item 8 Page 4 Proposed Site Layout *Proposed Site Layout revised after July 11, 2018 Planning Commission public hearing Proposed Proposed Bulk Screening Storage Area Wal-Mart Wal-Mart Real Estate Business Trust Agenda Item 8 Page 5 Proposed Screening Wall '. 4000 f / [ r -� -1 _- ra,dr I. its►`, Walmart . 1., OM 1.14 Imili,limil IMO Strj in 1 11.I MN gall 411M1 ANN III is is • Wal-Mart Real Estate Business Trust Agenda Item 8 Page 6 Site Photos 1, ag a z , • '+ a� - Lam. '5i - , P a 2 \‘2 ,,,- 2 2 :,A • a', a + _ y.. ,,. w - a a+ _ _ - -- - i,. i `' • _ ;� _e a _-WAW���\�\��'\lkiA xw- Wal-Mart Real Estate Business Trust Agenda Item 8 Page 7 Disclosure Statement Virginia Beach APPLICANT'S NAME Wal-Mart Real Estate Business Trust DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property [Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exce• ion for (EDIP)_ Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area _ + Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Plannin Commission and City,Council meetin_that pertains to the a;_lIcation,s 0 APPUCANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE:t aao f Robert A.Davis Q REVISIONS SUBMITTED DATE: Wal-Mart Real Estate Business Trust Agenda Item 8 Page 8 Disclosure Statement \13 Virginia Beach ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm. business, or other unincorporated organization. ZCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Wal-Mart Real Estate Business- If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) Please see attached. (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Please see attached. See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only_f_property owner Is different from Applicant. [J Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Inl Check here if the PROPERTY OWNER/S a corporation, partnership, firm, business,or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:Same as Applicant. If an LLC, list the member's names: Page 2 of 7 Wal-Mart Real Estate Business Trust Agenda Item 8 Page 9 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) Please see attached. (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) Please see attached. 1 'Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means 'a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets, the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. -4 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any_business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Wal-Mart Real Estate Business Trust Agenda Item 8 Page 10 Disclosure Statement APPLICANT Virginia Beach YES �NO SERVICE PROVIDER(use additional sheets If needed) n ® Accounting and/or preparer of your tax return Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed j, purchaser of the subject property (identify purchaser(s)and purchaser's service providers) uX Construction Contractors nX Engineers/Surveyors/Agents Financing(Include current Cr mortgage holders and lenders �� selected or being considered to provide financing for acquisition or construction of the property) Z n - - Legal Services Troutman Sanders LLP Real Estate Brokers Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Wal-Mart Real Estate Business Trust Agenda Item 8 Page 11 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. APPLICANT'S SIGNATURE ` �r/,c+� I PRINT NAME DATE Page 5 of 7 Wal-Mart Real Estate Business Trust Agenda Item 8 Page 12 Disclosure Statement Conditional Use Permit Application of Wal-Mart Real Estate Business Trust Supplemental Disclosure Information Owner/Annlcant: Wal-Mart Real Estate Business Trust The Owner/Applicant is an affiliate of a publicly-traded company that has numerous officers, directors,members,trustees,partners and shareholders. Parent/Subsidian Entities: I. Wal-Mart Inc. 2. Wal-Mart Stores East,LLC 3. WSE Management,LI,C 4. WSE Investment LLC 5. Wal-Mart Stores East,LP 6. Wal-Mart Transportation,LLC 7. Wal-Mart.com USA,LLC 8. Wal-Mart Property Co. 9. Wal-Mart Pecos Investment,LLC 10. Wal-Mart Louisiana,LLC 11. Walmart Starco,LLC 12. WMGS Services,LLC 13. Wal-Mart TRS, LLC 14. Wal-Mart Stores Texas,LLC 15. Ft Scott Property,LLC 16. Texas Retail Energy,LLC 17. Wal-Mart Texas Licensing Holdings,LLC 18. WM Lone Star Licensing,LLC 19. Quality Licensing Corp. 20. Sam's West,Inc. 21. Sam's East,Inc. 22. SAM'S SPIRITS, LLC 23. Sam's Property Co. 24. Sam's Real Estate Business Trust 25. Sam's TRS, LLC 26. Green River Spirits LLC 27. Sam's Tobacco LLC 28052763v2 Wal-Mart Real Estate Business Trust Agenda Item 8 Page 13 Item #8 Wal-Mart Real Estate Business Trust Conditional Use Permit 546 First Colonial Road District- Beach July 11, 2018 APPROVED Mr.Kleine:Good afternoon Mr. Chairman,members of the Commission. For the record,my name is Tom Kleine. I am a partner with the firm Troutman Sanders, it's also been my privilege for a number of years to serve as council to Wal-Mart Stores for all the projects that they do here in Virginia and I am here on behalf of these four, I realized we have four applications one after another. I will proceed with the first one and then if we want to go on into the next one, however, the chair wishes to proceed. The first application that we have is with respect to the project that we have on Nimmo Parkway and this application as you all know is for the ability for us to have temporary trailers, storage trailers in the back of the store, on the side of the store to help us prepare for the holiday season. We are proposing limitation of 20, no more than 20 containers. There are a number of conditions that we worked very closely with the staff on over the course of last few weeks. I too addressed they are all acceptable to Wal-Mart obviously the location of them would have to be acceptable to the fire marshal or the planning director. They are within the defined area that shown on the site plan. There would be no hazardous materials that would be stored in any of the containers and again there are strict limits on the number and limits on the timeframe to which they would need to be removed. The area of the site, if you have been out there, is an area that is predominantly where you have truck traffic and loading, its located behind the strip center that is adjacent to the Wal-Mart store. It's also bordered on the other side that does not look like it. It's also bordered on the other side by very mature hedge of trees and that area. There is a site plan that everyone has in their packet, it shows the precise location. They would typically be uniform in size, stacked next to one another in that location. We have heard no objections from any of the adjacent property owners. One of the property owners actually signed the application because part of that site is in a shared area with the adjacent like gym, developers that own the balance of the shopping center. Now let me speak to the concern about containers Mr. Ripley. I read your transcript from a couple of years ago and I also heard Mr. Redmond and Mr. Horsley's comments when we have those sessions earlier and I know that there was a concern of, okay we have this discussion two years ago where are we now. I want to assure you all Wal-Mart takes those concerns,this issue very seriously, we have every single store manager for all five Wal-Mart supercenters in Virginia Beach here today. We have the market manager for this whole part of Virginia has come here today to discuss the logistics issues. We also have someone from the corporate office here Ms. Laurie Smalling-Letts,who is senior director for government affairs.We have also reached out to some of the commissioners who are located in the district. We had the privilege of meeting with Dr. Kwasny at the site with the store manager for a period of time the other day to show the location, to talk about the logistics issues and talk about what we are doing. Some of these, this one we are asking for 20, some of them are more limited number and we will speak to those as we get to them. The issue is that these stores, you know while we are trying to manage inventory as best we can,these stores happen to be very popular and very successful stores and we are trying to keep the store successful in a climate in which the retail market has changed dramatically even in the two years since that approval was granted a couple of years ago. We have had situations where we have got Toys R Us that is gone out of business recently,the Babies R Us has gone out of business and I know the Sears from our office at town center is going to be closing and even with the Babies R Us closure, our store manager has mentioned that she has seen an uptick in the demand for some of that merchandise. So we also have seen a huge change in the online shopping environment. People are sitting at home,they are texting, they are saying I want this TV and I want it delivered to that store and I want to be able to get there and pick it up. We have tried to configure the sites to facilitate that to minimize, you know, the number of people in the stores so that they can come, you may notice we have done some restriping in some of the stores. We have added some locations in the parking lot where people can text in advance, come, pick their merchandise up and do some of the online grocery but we are trying to adjust to that but that also means is the stores were still staying very busy and the sales are continuing and so what this effort is during the holiday season it is an extremely demanding time particularly for toys and for some of the merchandise, that's a little bit larger -- bicycles and things like that -- that are difficult to just continuously restocking keep on the shelves and they are doing what they can. Fortunately, this is a large store, it has a large storage area in the back when the garden center is not occupied with plant material and this has a large garden center when it's not occupied during the planting season, we try to use some of that space to maximize the additional merchandise but what this comes down to is the ability for the customer to have the merchandise on the shelf that they are asking for and they are working on that. They are working on logistic, you will see a lots of trucks coming to the stores frequently to keep the merchandise going, to keep them moving, to keep them restocked.When you get into that super high demand period particularly as you lead up to black Friday and get passed Christmas, the demand is really pressing on these stores. They are working to do the best to manage it as best we can. I heard some comments earlier. This happens in one of our bigger stores. Some of the stores we are doing now are smaller, the one we will talk about in few minutes at First Colonial is smaller, we are asking for less trailers here to just get us over the hump,but I mean that's kind of thrust of where we are at so we are looking at these stores and we are saying okay what can we do that can allow us to keep the merchandise to meet the customer demands and another thing the Wal-Mart does that some stores don't do is the layaway option, you know, there are lot of our customers they don't have the ability to pay for the merchandise right away but need to know that it's going to be available there for Christmas and particularly as you get to the holiday season, you are having our customers coming to us asking for that merchandise that may be we are storing and trying to get us really through the thanksgiving push I really say. Once we get passed that, closer to Christmas, there is less demand to have that storage there. But that's the purpose, I mean, I think the good news is as we are seeing retailers and frankly there have been some Wal-Mart Stores that I have taken through the entitlement process in the mid-Atlantic, they have ultimately decided let's not pursue that store. You know, the good news is these stores are successful. These stores are doing well. Virginia Beach has been one of the only markets in the mid-Atlantic where they opened a new store last year,that's the one on First Colonial that we will talk about in a few minutes. We are employing over 2,200 people in Virginia Beach. We have got these five supercenters. They are doing well, we are doing our best to adjust to it and we are trying to do it in a way that's not intrusive, that's not objective. I don't know of any adjacent property owner who has called. I know that we put them on a two- year limit a couple of years ago, I don't know that in that two years that anybody has called us. I asked the zoning administrator a couple of months ago, have we heard any concerns from these from adjacent property owners?I have not heard of any,people know to call me adjacent property owners out there have not called us to let us know about them and we have also tried to do them in an area that's really not going to affect the customer experience going in that shopping center. You come, you drive into that Red Mill Wal-Mart, and you are not going to see these. The only way you are going to see them is if you go all the way behind, all the way around that hedge and up into our loading area and that's where they will be just for that limited period of time. So you know,we respect and we hear the concerns that you all mentioned but that's what we are trying to adjust to. We have got an online issue, we have got an extremely dynamic change in the market place right now,we are trying to keep the merchandise out there and now I heard a comment earlier —well what you do when you cannot have the containers, you know, there are some jurisdictions where that is outright prohibited and we have to adjust but the adjustment in that situation may be just not having the merchandise that the customers are looking for so they'll go to another jurisdiction or go somewhere else or in the lot of jurisdictions we are allowed to have them subject to certain conditions by right actually in some jurisdictions, we are allowed to have them by right, we try to work with the jurisdiction, make sure that they are not offensive, that they are not obtrusive that we don't have adjacent property issues that they are in compliance with zoning requirements and to try to adjust that. So that you know that's kind of the story we take this seriously, they take their stores very seriously here in Virginia Beach because they are so successful and you know we were out there. What was it Monday or Tuesday afternoon in the middle of the afternoon, and there were people that were coming who are vacationing here, you know buying beach supplies,buying all kinds of supplies,buying their groceries,looking for beach chairs,you know that store with all its 450 employees is serving the community and that's all they are asking for is to be able to continue to do that for this limited period of time. I did hear the comment earlier, gosh that seems an awful long amount of time, that's not the holiday season September 15th through,we have really asked for that four months just to make sure that if a trailer shows up a little bit earlier whatever there is layaway demand you know that we don't have situation violation of the zoning ordinance, is a practical matter. I think that Ms. Conway who is the store manager will tell you, they are not there that long, you are not going to have 20 trailers out there from September 15 through January 15 and it is a practical matter, once she has the containers there and the merchandise is out of them,she doesn't have any need for them to continue to be there, so she calls them up and says please remove these but again we ask for 20. So if there are 20 out there at any given time again we are not having the zoning violation or we are not having a situation. So we would certainly again we brought the whole team, every store manager, the market manager, someone from the corporate office were happy to answer any questions but we want you to know we did look at the transcript and we did discuss the transcript with the planning staff from the discussions that you had two years ago and we are working on it. We are trying to keep these stores successful in a very dynamic and changing market. So with that said I will be happy to answer any questions. All of the conditions that we reviewed with the staff are acceptable to us and again I am not aware of any objections or anyone here in opposition. Mr. Thornton: Questions for Mr. Kleine, Mr. Redmond. Mr. Redmond: So you said that in instances where in the jurisdictions where you cannot get approval for this, the store adapts, right? Mr. Kleine: Well when I say adapt, if you cannot have them then you just, there might be merchandise that people are asking for that you just cannot provide, yeah. I mean that's or there might not be the ability to do the layaway or offer that service and offer the merchandise. So it is really just about being able to provide the merchandise that people are asking for that store. Mr. Redmond: What are some jurisdictions where you cannot do that in the Commonwealth of Virginia, are you aware of any? Mr. Kleine: I would have to go back and research, I am not aware. Mr.Redmond:You heard my concern this morning is I don't like doing this with no context,right. Mr.Kleine: I mean I know in Chesapeake they are permitted,you know,you got a lot of containers subject to certain requirements, I know Norfolk you are allowed to do them subject to certain requirements. Some cases you may have a zoning overlay district such as town center for example where we have it screened and you know unless it's like a special event or something, there was certain restrictions on having them there. I would say that puts a big burden on that store too, you know,again town center is a dynamic area,we put our office there at the very beginning so I know how dynamic it is. I watched it grow up outside my window,a few years ago people said well we are not sure that Wal-Mart make sense at Town Center, Wal-Mart compatible with the Town Center model and all that so again that was a by right side that Old Bill's flea market and we work with the staff, Wal-Mart some of these folks, the corporate office worked with the planning staff and did a town center Wal-Mart there, even though it wasn't fully about the zoning ordinance to try to have something that fits in with the environment. That's a hard issue with the holidays to be honest with you,because the reality is you have got all these people saying I would like to put this on layaway, I would like to have access to that equipment. I would like to have that bicycle and we may be in a situation that we just say I am sorry we cannot do that. Mr. Redmond: Why is that unique to Wal-Mart? I am unaware of any other retailer that we have had asked for trailers? Mr. Kleine: Well, I don't think it's unique that we have had trailers in some of our stores. I think it's a lot of just meeting kind of the customer to manage and try to make sure that the merchandise is available and be successful. I don't represent Target, so I don't know to be honestly I don't know that they don't have trailers at their sites,perhaps they don't at the Hilltop site. Mr. Redmond: We haven't seen them, I mean this is the only Wal-Mart is the only retailer I am aware of, that's ever come before us is asked for trailers around Christmas time as I said this morning Kohl's doesn't do it,Target doesn't do it,the extent that there are any J. C. Penneys,they don't do it. I mean retailers that you are talking about before, I have never seen it from Sears or K-Mart for some odd reason.This is particular just for Wal-Mart and look at these shopping centers and I think to myself wouldn't any other retailer be inclined to come and say yeah we'd like a trailer.What about Big Lots which is you know adjacent to that store and once bought, you know, another retailer in some places just said, we could use one or two. I don't think we want to encourage this notion that if you have a store and you are busy in Christmas because they are all busy at Christmas from the guy that has a 1200 square feet, and he just sells shoes to you know couple of hundred thousand square foot Wal-Mart, again you are going to face greater strains at Christmas time. I don't know that's something going forward that we have to think is just sort of assume that that's okay to do that because we do have site plans. Yeah those other four walls will cause some, you know, some constraints and so the changing retail environment is challenging for anybody. This is the only retailer that I am aware of and whatever 11 years of doing this,that's ever asked for this and I don't know that it's necessarily fair to everybody because I would think everybody would want at least one--what a heck, I am selling lot of shoes out of my 1,200 square foot store so anyway that's my concern. So now here what are you saying about it makes easier for Christmas timing and moving bunch of stuff at around and I understand all that but those are constraints that every retailer faces. Mr. Kleine:But I do think you know some of our merchandise is all different sizes. You got lot of bicycles, you got toys, you have things like that and our stores are just very successful. I mean they are,they are extremely busy, very successful stores here. The model is such that you know a lot of people; we have got a lot of traffic to these stores. I don't know what the traffic counts are to other retailers. I think you will have also have a code that would permit other retailers to ask, you know, when there are discretions and I think again we are doing it in a very unobtrusive way. I mean this is literally behind the shopping center in an area that's almost enclosed on four sides because you have got the back of another retailer behind this, retailer on two sides and then there is very mature hedge so you know when I am asking to put them out in the parking field. We are not asking to have them there indefinitely or asking so that we can get through you know this much and that is I mean that's the reality of the situation, I'll ask people like Laurie,the market manager, if they have anything that they want to add to what we said there but I mean that's what we have during that period of time. Mr. Thornton: Ron, a question? Mr. Ripley: Tom if you read that the verbatim we said at the very beginning last year that we are ecstatic that the commerce was there, we want the commerce to continue. The idea of what the discussion we have was in good faith was how do we do that,you know,how do we kind of plank and come forward with to help solve this problem in long term and not have that because there was an objection then and you can see it really hasn't changed as far as the way I think this commission kind of looks at it. When I think about Wal-Mart, Wal-Mart has written, how many books have been written about inventory supply chain management, I mean, it has been studied and the highest business institutions in the country over and over again because it is so efficient. Here we got this what we are looking at here it says inefficiency and it doesn't seem to line up with their philosophy to me. I think what was important to me last time is that the managers did come in and they said yeah,we know we are at this problem. We think we can solve it and I realize things do change in the market place and if the commerce is really doing well. There may be another way to solve it and I think I have heard this morning I think maybe at the most some additional time to help solve it might be palpable but this being a long term solution, I don't think that's the solution. Mr. Kleine: I appreciate that Mr. Ripley and we did share that transcript obviously with the leadership that's here and it has been a changing environment just in those two years, you know, the demand on that store, I am talking about the Red Mill,just continues to go up as we discussed with Dr. Kwasny out there which is great for Virginia Beach, it's great for everyone and so to the extent you know two years ago they were looking and I know that Ms. Conway the store manager, they have looked to re-configure areas in the back.They looked to try to establish more efficiencies and keep merchandise on the shelves, keeping the shelves stocked so that you know you are not going in there and saying oh my god,there is none of this item but it's all back in the storage locker at the back. It mentions they are trying to keep 10 plus items of each thing continuously stocked on those shelves. So that you are coming in and you are looking for something it's there and we are also again trying to have additional efficiencies with respect to the fleet of the Walmart trucks that you see coming, getting the stores off-loaded, getting the merchandising off the shelves. Mr. Ripley: But in that inventory model, I mean, the inventory model is that the warehouse knows exactly when they need something and it's moved up as oppose to putting it out in the parking lot. Mr. Kleine: And for that limited period of time though, there was just not that room, we have got so many people coming into these stores asking for certain items to keep that merchandise continuously on the shelves. To keep them successful, you do have that big press and as I said we are asking for the four months. It's a practical matter, it's not really four months of trailers. I mean, we are having that window just so you don't have a situation where we're in violation but it's really a big push over a shorter compressed period of time, black Friday. Mr. Ripley: I am not speaking for everybody up here but if you had another year or two to help solve this issue, would you be willing to good faith of work on that get it done or not? I mean it buys you time and something you said in the presentation I want to take exception to and that is that you didn't hear anything from the staff. It's incumbent on the applicant to solve the problem not just staff to have to go out and solve the problem. Mr. Kleine: I am sorry if I misspoke. Mr. Ripley: It sounded like nobody has contacted you in the two years about this issue. Mr. Kleine: Oh, no, no, no what I was saying was what I checked was,had there been anyone from the community called to complain that it was a zoning violation or some issues associated with them being out there, that's what I had asked. No, I certainly didn't, we had many discussions with the staff and we are very familiar with the issues. Mr. Ripley: It is incumbent on you to solve these issues. Mr. Kleine: We understand that. And may I introduce, this is Laurie Smalling-Letts with the Walmart corporate office. Ms. Smalling-Letts: Good afternoon, thank you for the time you know as I sit here, I have been with Walmart for 17 and a half years, and I completely understand your concerns but I have seen a drastic change in retail in the time that I have been with the company. We are a good corporate citizen and we provide, as Tom has already said, 2,400 jobs in Virginia Beach. We have given back over 2 million dollars annually to your community through food donations, through CHKD, through local organizations. We have also with just taxes in the State of Virginia, sustain local taxes over a 109 million dollars that are coming back,through tax dollars, so yes we are a corporate citizen that is operating in your city,within your city. I have worked as I said with Walmart for 17 and a half years so I have been at federal state, local, international working with governments on how we engage and how we support the communities we serve. I understand your concern about our inventory management but our stores are built to basically serve customers nine months out of the year. That other additional, there is the influx of traffic. I was just visiting with Melissa who has a store, she has 60,000 customers coming through her door during the holidays. She has an increase in millions of dollars at inventory that's coming in. So I understand that just in time. and pretty much you know most of the year, we are able to do just in time inventory but our just in time inventory now is just in time for the store.The customer wants to be there just in time for that parent that doesn't want the big item to be shipped to their house but they can pick it up at store and then we will have to pay a shipping fee. I just did it this last year, we were buying a shuffleboard table for our boys and it was from Santa we didn't have it shipped to the house. It would have been free to go to the house but it was free to go to the store. We went to the store because we didn't want it on the front step when we came home and didn't know what the box was going to say to surprise what Santa was bringing. So there is a changing dynamic and when you are asked about finding an internal solution to be able to do this, that would be coming back and that would be multi-million dollar expansion of trying to add inventory for the three months, which we would have to go through all the process and everything else. We are in the time right now that in retail we are fighting for our lives. When you look at what retail spaces are going out of business and the retail space that is actively being used, that is going away where it's not generating sales tax revenue, I would love to say that we can come in and tell you that for every store in Virginia Beach,we are going to go in and invest 10 million dollars to expand the stores so we have the inventory space for Christmas. Unfortunately, we are a low-cost retailer. Every cost that adds on adds to the cost of doing business and adds to the cost of every item that your constituents would be purchasing at our stores. So we have to evaluate the kind of the big picture and yes I know trailers don't look great but you are right. Like in all the other jurisdictions that I have worked in, I have had the experience where they understand that we truly like, I tell people, people think oh you are a retailer, we are actually in the people business. We work to get our associates to serve the customers that come through the door. It happens to be the merchandise what's in between and there is a lot of merchandise at Christmas time. It is fortunate that we are having increases in sales but as we have been talking to each of these stores,we have online grocery pickups so we are creating new jobs for those associates to have additional training to be able to serve those customers that want to come in and get their groceries. So we are increasing skill sets, we are investing in our people, we are doing a lot of great things. We have to be able to serve the customer to be able to stay in business and so it is this additional merchandise that we need during the holidays at all of our stores. There was one saying as I have been visiting with some local officials about our community engagement,everybody is like are you facing the same issues in the other jurisdictions?And we are not. We had trailers at all of these stores and so and I have to say that Virginia Beach is absolutely beautiful and you're building and everything else. I understand the pride that you have and making sure that you are making the right decisions but we are trying to make right decisions for our customers. By having the merchandise that they want when they need it and being able to have pickup in our local stores where people can order big items for their kids and surprise them and layaway. A lot of retailers have done away with layaway because it is expensive to store that merchandise and to collect ongoing but that's our core customer. They need layaway because they cannot afford to come in and buy it all in once. So I understand and I would love to say that we could say hey give us another year and we will come back and we will have a solution. Unfortunately, I think that the only thing at this point is that temporary storage to get us through and will continue to work through our inventory and figure out there are ways that we can reduce the number of trailers. I also don't want the company to go out of business. I don't want us to have to reduce inventory because people aren't shopping in our stores and that's what we are facing as you look at the competitive landscape. Where retail is going, more and more is going online and we are here providing jobs in your community, we are providing tax dollars that come directly back to your community and we are serving your customers that are your constituents. So I do appreciate you hearing this but as we are sitting back I know our stores need this because this is the first issue that I heard when I came into the market last year is that the city doesn't like us and it was our trailers. That's the interpretation of our store managers. When they came here two years ago, the feeling as they walked out was that it was easy for you all to kind of say well we don't want to see you and you fix it. They are managing 400-450 associates. They are managing millions of dollars of inventory that's flowing in the stores and unfortunately they are just trying to make sure that they can accommodate customers and serve the customers with the merchandise they want. So if you all decide that we have to come back and come up and invest then maybe Tom will be coming here and saying we are actually closing another store versus building more. That's the retail environment as I said I came into Walmart where we are opening 250-300 stores a year, this year alone we are opening 20, consumers are changing, shopping behaviors are changing that where we can keep our customer shopping in the stores that's what these store managers are here fighting for just to make sure we can serve those customers. Mr. Thornton: Don't go away, we may have some questions. Any questions for Laurie, Mike? Mr. Inman:From either of them, I respect that what you were saying about what Walmart does for the community, I want to thank you all for that. Our job is to a great degree about aesthetics and keeping our city beautiful and this has something to do with the storage units that you have. It is still curious that and I know you guys are smarter than most of them, but nobody else seems to need this.Maybe they haven't figured it out yet,I don't know. What about other off-site warehouse facility,maybe several smaller warehouse facilities that are in an industrial part versus having the trailers right there. I know it's not convenient as far as restocking. It is not as convenient but it's an alternative that would eliminate the trailers, maybe that doesn't work. I mean I understand. I am not trying to restructure Walmart here but what are the alternatives could there be to satisfy? Ms. Smalling-Letts: And we have had those conversations about that and just from the logistical standpoint. So our trucks come in and bring the trailers and then they could place in the parking lot. We don't have short haul like we don't have small trucks that kind of go from point A to point B. When you talk about putting in an outside storage then it becomes running new hauls and it becomes finding CBL drivers that would be beyond the corporate time and then the liability of having the merchandise and being able to transport it back and forth. So we have had those conversations. I know Tom you have had additional conversations even with internal real estate but you know it's we have the space there, we can have associates go out,we have locks on all of it. We can monitor when they are on property. So from that standpoint, it's just we are setup logistically for long haul not short haul just in the way that our logistic system works. Mr. Thornton :David? Mr. Weiner:And I want to thank you also.Walmart does a great job around here and they are very good corporate citizens with the City of Virginia Beach, doing a fine job. I think it took us by surprise that's what I think for pretty much here. I even asked Jimmy. I thought this was a done deal, they are going to take care of this. That's what I think. That's why we are talking about this right now and on the other hand not thinking about the applications. If you looked at the number of people who walked in the Walmart compared to Target, it's probably double and that's why they need a containers because, don't take this wrong way, but if I have to go to Walmart, I will go 5 in the morning where I can get in and out. I think that's why we are here right now because of the people that go there are about double the people that go to Target. I think that's why we are little bit shocked to see this come in front of us again. Mr.Kleine:And I think again,we have those issues with the stores being very successful and again just the changes with the retail market changing. Our firm represents a lot of other type of entities and we are seeing so much dramatic change in business over time, I mean, there have been sites as I mentioned before that I took through very ruling entitlement processes in other parts of the Mid-Atlantic. Walmart ultimately decided we are not going to do the stores, even though we have been through lawsuits and everything, to get them approved. It's changing that much and as she mentioned, with the mode we used to be and building so many stores when last year I think the only store I am pretty sure that this is correct,the only store that they opened in all of Virginia was this one in Hilltop. That's what the change has been. Getting to Mr. Inman's comment, and I respect the concern about the aesthetics, I am a resident of Virginia Beach and I appreciate that. We are trying to find with every one of these applications the places where they are the most unobtrusive and no one is going to have to go back there to look for them here. Ms. Conway,who is a store manager, also gave commissioner Kwasny her word. These things aren't going to be just scattered around there. You have got a defined box we have to keep them in, we have got an understanding with the adjacent property owner that there was a defined area that they are going to be in.They are going to be uniform, there are going to be stacked and again her business model as soon as she doesn't need that thing and she locally had used another thing that has changed. It used to be that the delivery of these trailers etc.was handled at the corporate level. That's changed and it is now handled at the store level as I understand. So Ms. Conway is going to be there at that store, running that store, and she is going to realize we don't need these five trailers. Call up the folks, get them off the site and so maybe you are down to 10, maybe you are down to 15 or whatever. We have deliberately, and you will see with all the other applications, found spots that are going to have to minimize any kind of aesthetics adjacent. The newest one that we have, that we will talk about in a moment, there is some fencing that the staff has asked for because there is an adjacent shopping center, so we have a very cognizant of that sir. Mr. Thornton: Karen? Ms. Kwasny: I don't have a question. I am wondering whether or not we are listening to each one of them individually and then we will have closed it, so that we can have conversation. Because I think, I am passed a point of question for them, I am to the point of wanting to make a comment or two that we could just ask, but don't know when we are going to do that. Mr. Thornton: We are going to close public hearing sooner than later, because I think, unless we have got anymore specific questions but we are going to hear their argument all at once and then we are going to deliberate. We have got to make a decision on each individual one, but I don't want to stop if we got questions, let's keep asking questions and Mr. Redmond. Mr. Redmond: I do have a question. That's the variations in the number of trailers in each one of these four applications, can you explain it? I would prefer some sort of you know specificity and metric, not merely the store manager says 10 or the store manager says 20. As Mr. Ripley said, you guys have a pretty well known and extraordinarily sophisticated logistics and supplied management reputation, I am sure was probably a good bit more specific than that, so 10 versus 20 versus. Mr. Kleine: Well, I think I can address that probably on a site by site basis. On this particular site, we have the room. It's one of our largest stores, 200,000 square feet. So I think this is such a big store between the proximity to all the tourist areas and in the other parts of the city. I think that was evaluated. We also have the space on the side in that area, so that was a 20. With the other stores, we can talk about. Some of it, we have less space. Some of the stores are smaller like the retrofitted K-Mart that we did at First Colonial. Mr. Redmond: Yes, it's a question ahead actually. What's the square foot of store Hilltop?Do you know of the top of your head square footage of the store at Hilltop? Somebody was asking this morning and I don't know. Mr. Kleine: I think in the range of 152, but it's based off of sales. the metric that they do internally and this is from the market manager, they do look at the sales. You know that they have of that store and what the increase demand is anticipated to be with the holiday season in that shift. Then they look it, where feasibly we will be able to house that merchandise based on our historic data, numbers of customers coming in an anticipation with the holiday. Mr. Redmond: Okay, thanks. Mr. Kleine: And there are practical limitations based on do you have space more than like Phoenix Drive, we just have that location on the site. Mr. Thornton: Questions on this side, over here, I see no more hands, I see no more questions. So with that we'll close the public hearing and will debate this matter amongst ourselves, thank you. Mr. Kleine: Thank you. This is just the public hearing on this application. We do have different issues with the other. Mr. Thornton: Why don't you quickly give us the nuances of four of them, so we know Nimmo Parkway has 20 containers, we know where they are going to be, what about, do the next three in executive summary because they all should be reasonably similar except for Hilltop. Mr. Kleine: And then I know with respect the Hilltop just for purpose of keeping the record, we have some gentlemen that are going to want to speak from adjacent property owners. We want to make sure that the record reflects that opportunity. Mr. Thornton: That one will be last. Mr. Kleine: So I think that one in your agenda was actually the next. That was number eight, so perhaps if we wanna skip, now to number nine and ten. Mr. Thornton: Nine is Lynnhaven and ten is Phoenix. Mr. Kleine: Okay, so Lynnhaven again it's a similar situation, this is one of our larger stores with heavy sales. You cannot see it very well with this site plan, but these would be placed around the back of the store, pushed up as close to the stores as the fire marshal will allow us. We'll have to work with the fire marshal on that, outside of any travel lanes. This is part of a larger shopping center. You have got an adjoining shopping center next to us, so this is not a situation where it looks like a parking lot in this but that's actually, this area over here is actually more in line shopping down to that shopping center. So there is a little passage way but from the parking field out here, there's just really no visibility. He is proposing to park some of them along here and then some of them along there. The back of the store has a pretty well defined stormwater management facility. There is also very defined hedge that runs along the back there. The adjacent property notices have been sent out. Signs for the stores have been posted. I am not aware of any of the adjacent or nearby property owners who have any concerns. This is one of the large stores like the Red Mill, a 200,000 square foot store, and again a very successful store. There is a lot of demand for some of the layaway and some of the other merchandise at the holidays. We have a series of conditions that are acceptable to the applicant here, no hazardous limitation on the number, limitation on the time of year that they would be out there.The final location of them will have to be subject to final approval by zoning and fire marshal etc. But they're back there, near the loading area that is not visible from public right-of-way. You can see the mature hedge across there that's providing successive buffering with any the residential behind is a multifamily. Ms. Rucinski: And how many at that store? Mr. Kleine: That would be no more than 20. The next one, number 10, is Phoenix Drive and this is a store just near the Lynnhaven Mall.You may recall,we came before the Planning Commission and City Council a few years ago for an expansion for this store so that we could add the full grocery component. At this store we are proposing to put them back in this area and have no more than 10 over there. That's where they historically put them at this 168,000 square foot store. It was originally a division one store and it was expanded a few years ago to make a little bit so we had the full service grocery component to it. This again is an area of the site, it has very limited visibility as you can see, very mature hedge along this side. It's way off to the side as you drive into the site, all the vehicular access for the most part is from the front or from the other side big parking field because the side is over parked. I heard your comment earlier about parking, I think this was parked at 4.5 per thousand ratio and the city requirement is 4 per thousand, so we got lot of parking. We are trying to keep them back there, minimize the visibility. There is also a condition, that is a little bit unique from the others that if this site over here were ever to be developed and for whatever reason that hedge were to be removed or thinned out,we would have to put a wooden fence or some type of barrier fence along there. If we were going to continue to have the containers in that location,but again that's a condition that we worked out with the staff. I cannot tell them how they would really have any visibility again. One of the entrance features over here and then entrance over here,there would be very minimal.You really have to drive over there and again there is a lot of parking that's not used at this site. That's where they would be located. So the conditions on that are acceptable. I think those are the three which you have looked at before.The new site is the one at Hilltop and that is agenda item eight. This is an exciting store. I have to say because we worked on this, I live near the store, it took us a long time working on all the documents to get this together. I think for those of you who aren't familiar with this shopping center and Kmart, that was a very dated Kmart that ultimately went out of business and that center was in need of significant work. Walmart came in a few years ago. We went before the City Council for a conditional use permit associated with some of the accessory components that we have over here. It's part of that approval. We also showed architectural detail. We worked very closely with the staff on dressing this up. We took that old Kmart store's respective old walls, for the most part, and gutted it and did a few additions on the sides. If you have been out there, you really have to look to not know that it's a completely brand new store. You would never know that it was essentially, we have retrofitted the older building that's there. You know this site has a shopping center with other retail parcels that kind of surround it. They are owned by different property owners. Those gentleman are here and they are going to speak with us.What she is asking for, the square footage of this one Jackie, 152 and that's approximately the size of the Kmart that we took over with a little bit of few tweaks to accommodate some things around the area around the sites. So on this side,there are reciprocal easements for parking and travel lanes etc.,with this overall shopping center. You can obviously access this site of First Colonial.You can access it off Donna Drive as well. Over this area here is the loading area. Again we try to identify and on this side is our garden center and this is the Autobell. Of course the store faces this way and then passed on a drive, you have Laskin Road up here. What we have done over here is, she has a limited need again for some containers. She is anticipating seven to ten so we are asking for 10. So limit on 10 again the same limitations that we have before.The staff did indicate that because we are adjacent to this retail area, that's owned separately from Walmart, that we could perhaps put in some fencing. There is a screen fence, it screens some of the loading area that's of a wood nature over here. They asked if we could put something similar to that or compatible with that. It would be temporary if you could go to the site plan there kind of a long like that actually it was a previous one, like that, I think the staff reports showed it going all the way down here and comment was that's an awful lot of temporary wooden fencing when you are needing to get into the containers over here. When you have got basically screening yourself from your own store over here because the remainder of the center is over there. The other issue is some questions we had,wait a minute what does this box mean,there is already a site plan that shows some parking spines etc. She would just put some of these containers in those existing parking spines. So we are not proposing to block any travel lanes or drive aisles, it's more just to get them closer to the store. This area back here is a loading area. It has some reinforce concrete, there is a lot of truck activity with the deliveries that are coming back there each day. I know one question is could you push them back little bit further. That's why we have them kind of in these areas over here on our site located to typically put them in some of the perpendicular to one another within the spines. But not interfering with the routine truck travel lanes that are coming into the site or anything that would pose an issue from a fire perspective. I did speak with Mr. Aspin Wall who owns the self storage on the other side here. He does not have any objection to it. I know the gentleman from Pratt Street did want to comment on it, they did. They are new owners of the remaining shopping center and they did contact us last Friday just indicated they have some questions and I believe that they would also like to speak. So on that part, I will be happy to answer any questions or if not defer to the gentleman from the Pratt Street. Mr. Thornton: So you are talking 20, 20, 10 and 10 on number count; we got that? Two at 20 and two at 10. Mr. Klein: Yes sir. Mr. Thornton: Don. Mr. Horsley: These are all 20-foot containers right;they are not 40? Mr. Klein: They are 40. Yes sir. But they would all, have defined limits that we would have to keep them in, so there are precise locations. We have to keep them within those confines. Mr. Thornton: Any other questions for Mr. Klein? Okay thank you. Mr. Klein: Thank you. Ms. Cartwright: Alright, we do have one speaker in opposition for item number eight, Jeff Spatz, would you please come to the podium and state your name for the record? Mr. Spatz: Good afternoon, I'm Jeff Spatz on behalf of Pratt Street Capital, PSC Hilltop and other co-owners of the adjacent center there. As Mr. Klein explained, we own a retail center, over here as well as on this side of the Walmart center.On each side we have properties,retailers are on each side. There is a reciprocal easement agreement between Walmart and our ownership which was placed there by the prior owner,prior to the sale to Walmart to allow both parties to have utilization of access ingress/egress etc., so that there will be kind of cohesive flow to the center even though it is separate parcels. We only did learn about this more recently, there are many factors that are moving parts. One is this Walmart is a relatively new Walmart. As Walmart explained, they have been opened a year. It may be just over a year, but it's a pretty new Walmart and we are still just digesting how the impact is on the center. They have been a great neighbor,we are happy to work with them,but we want to make sure that the traffic flow, the truck loading and the parking do not get adversely impacted. We did get to this a little bit late in the game. I want to thank the Commission and the staff, especially Mr. Davis. I am not sure if he is here, okay he has been very responsive and very helpful. It has made our job of digesting this in a short period of time much easier, so thank you and that being said we want to be good neighbors. We want to accommodate Walmart. We want to help them be successful. Retailers in the market, we just want to ensure that it does not adversely impact the aesthetics as the Commission is concerned, and as far as traffic flow and truck loading as well. The site plan that they put together had a call out for a substantial area where they may or may not put the trailers. We would like to little more closely define it to understand. My understanding from being at the center and from speaking to Walmart is that the trucks actually do come along the back of our retail establishment and go through here so I want to make sure that does not impede and Walmart has verbally said no we would make sure that it doesn't impact the truck ingress/egress and loading area. So we are not in opposition,we just want to make sure that it is working in a cohesive manner with the entire shopping center.Now we could all work together so as much as we are quoted as opposition, we are not here formally saying that we are against it, we just want to be done it in a way that enhances entire center for Walmart as much as you know our retailers. Mr.Thornton: We have a time limit on speaking. Mr. Spatz: Oh, I am sorry, my first time here. Mr. Thornton: That's okay,that's fine, questions for Mr. Spatz from the Planning Commission. Mr. Redmond: Was the fencing a priority for you? Mr. Spatz: The fencing would be helpful but part of that is to understand exactly the layout of the storage facilities and then we can see the visibility, the eye sight. So to understand there is a lot of parking here to understand exactly where in this area. It will now be set,then we can understand exactly the site line. We really want to keep it looking nice aesthetically as we can and we did ask if they could be set back a bit further to kind of keep it out of the view point. As they said, Mr. Klein explained, it's a little difficult because of the loading area, so we are trying to have a discussion of how we could work together to accommodate it from our perspective. Obviously the Commission has to approve it from their perspective but we are trying to work together to see if there is a way we can accommodate. Mr. Redmond: My concern is whether screening ends up looking worse than better and it could end up looking like. We have all seen the construction site fences that go up, and I just don't want the screening to make it look more of an eyesore than it would as you just said the walls of the containers. Mr. Spatz: I agree completely and that part of the factor of is the screening going to be up year round or is that only going to be there when the storage facilities are there, is it going to be maintained, will it need to be power washed, etc. Those are kind of some of the moving parts that were you know trying to have the discussion on to make sure that it works. Mr. Redmond: My understanding is that screening would have to be removed when the containers are moved. Mr. Spatz: That was my understanding and I wanted to confirm that and the question is from one year to the next, how it will be maintained and at this point, the Commission deems that it is an appropriate use because this is a new Walmart and we are still just trying to get our hands around exactly the logistics and the layout and the trucking lanes. We would propose that it would be a more timeline finite period rather than indefinite approval. Mr. Redmond: I think we are all in agreement with that. Mr. Spatz: That's fine, but I just especially with this site, because Walmart has only been opened for a year and there are a lot of open issues from our perspective. Mr. Redmond: Thank you. Mr. Thornton: Jack. Mr. Wall: So currently the traffic flow and the pattern is acceptable? Mr. Spatz: That is correct. We have not had any issues with their trucks going behind our center and our parcel and using that lonely area. We have not had any issues. Mr. Thornton: Okay, Jan. Mr. Rucinski: I have a question for Walmart. Mr. Thornton: Do you need to ask to this while this gentleman is here? Ms. Rucinski: No. Mr. Thornton: Ok. Mr. Spatz: Thank you very much. Mr. Thornton: Thank you sir. Tom she has a question for you. Ms. Rucinski: So my question is this. If the loading trucks are entering behind where those storage units are proposed, why could we move those storage units closer to the building? Mr. Kleine: Thank you for that question. By the way, and I am going to have the store manager to address where the trucks for the most part are coming through, I will say that the short answer is Wal-Mart is never going to allow something that interferes with their ability to get the merchandise in the store and interfere with their truck routes. So not containers. This is Jackie Russell who is the store manager of the new store. Ms. Russell: Good afternoon, so where the trucks come in,they actually come off the Donna Drive and they do go behind, so they go here and they come down through here and this right here is where they back the trucks up. These trucks are really big so in the morning time, I may have possibly anywhere from I want to say five to ten deliveries, different size of vehicles coming from local business partners for grocery merchandise and then I also have our Wal-Mart corporate trucks. They have to back these things up into four different bays. So they need this room right here to back up the maneuver because they are maneuvering around five to ten other vehicles so I cannot put the proposed bulk storage there because then there is just no way. It's going to create an interference. It's going to create safety issue. Ms. Rucinski: I wasn't really talking about back down the corner; I was talking more like closer to the building because it looks like you have got them up in that front corner, but instead of been in the corner move them closer to the building. Ms. Russell: Good question, I actually have a pickup area, so my online grocery shoppers go to the back of the building and we have a door on the side of the building that allows my associates to come out there and provide that service to that customer. So unfortunately I cannot put it there because that's going to impede on those parking spaces for those customers to come in and come out. Mr. Kleine: But the reason, if you go to the exhibit where it would be,with the black one, that one yes; what we are doing there was really just respecting the property line and showing that would be within the limits of where they could be. We are not saying that they would necessarily be pushed off all the way along that area. We would, you know, we are going to try to keep them in existing parking areas in a way that there was not interfere with pickup,you also have the pharmacy pickup. There is a pharmacy drive through and there is designated spot. The people who are doing the online pickup that you are talking about, but if you can go to the one that shows the site plan, well yes, the other one, the one that shows the overhead, I am sorry, yes so where she would do them is a practical matter. There are some parking spaces that run through here and she would have them within those parking spaces, for the most part in those parking space areas. Mr. Thornton: Do you anticipate ten units side by side? Ms. Russell:So there would be like two and then there would be some space, yes and then two, so I am trying to confine it into allocated parking spaces on my property. Mr. Kleine:As a practical matter, more in this right in here, and then we would, and then with respect to the fencing, the wooden fencing, you know, if we wanted to modify that condition, etc. or such appropriate screening as approved by the planning director or something like that, to provide some flexibility, I think that is yes. Someone has asked the question that is it going to be up and around; no, I mean we wouldn't have just a line of fencing there with nothing behind it or whatever. It would be removed, the wooden fencing you know, sometimes it draws attention I agree, you know, I see wooden fencing, you're like okay what's going on behind that, but there is some Shade cloth screening, there is portable temporary screening that I have seen used in some locations and some of our stores. We have sometimes put it on the inside of garden centers that can come on portable racks that they can roll out there, so if you wanted to modify that condition to say or such appropriate screening is approved by the planning director that we can work, you know, with the planning director to find some alternative as well instead of the wood. But if the requirement is that it be wood then, yes, the wood have to go to a fence vendor and they would have to have basically prefab sections put up and they'd have to have the concrete, portable concrete footers, put out there and then have to have all that removed and then they'd have to -- her employees would have to be maneuvering around that -- particularly if they ran all the way down as it was originally proposed, to get back to where those areas are located and again, if you go back to the site plan, the overhead, you know, here is your visibility. I mean this is the end of the shopping center, Mr. Spatz' company owns right there, so we are talking about this area down here. So you know we certainly can work with the staff,planning director on appropriate screening of that corner that we discussed. I would also say that as soon as Mr. Spatz and his company reached and talked to us,we put them in touch with the whole Walmart team. I think he met with the market manager, he has met with the store manager and he is also schedule to be talking to someone from the corporate office that handles all the real estate transactions and all that to establish a relationship and understanding and of course he understands. I won't put words in his mouth,that this is a recommendation,that the matter still has to go before City Council so I imagine we will continue having discussions with him. At the time Walmart bought this side, it was all owned by one owner so we purchased this site from one owner and then the residual still owned by the owner that we purchased with, so that the ECR and everything that he was referencing was put in place as part of that transaction. Mr. Thornton: No more questions, thank you. Mr. Kleine:Thank you. Mr. Thornton: Standby, you may be back, okay any other speakers in opposition? Ms. Cartwright:No that was it. Mr. Thornton: So we have Mr. Kleine speaking in favor, one speaker opposed, and with that we can close the public hearing and discuss it amongst ourselves. So who wants to takeoff with it, Dave? Mr. Redmond:As you know,I have a number of concerns;I think foremost in my mind is that this has to be time limited. Second, I am most concerned about the one at Hilltop because it hasn't been there before and the current owner of the adjacent shopping center hasn't experienced it either. So I think certainly in that instance, you know, we've got to be very careful because if the two don't play well together then he is not going to able to do anything about it. I wouldn't want an adjacent property owner to be disadvantage in any way for his operations to be disadvantaged in any way and have no recourse about it because there is a conditional use permit in place. So particularly on that site, I think we have to look at that. Furthermore, it cannot be the answer that the internet is coming to retail and is changing everybody's shopping just have more 40-foot trailers everywhere. There's got to be some better answer than that long term or have 10,000 40-foot trailers in the city. I think you know what they are facing,by the way, they are one of the largest drivers of the shift to online shopping but what they are facing, everybody in retail is facing and everybody is going to have to grapple with it and all sort of other different aspects of the economy. But we'll leave that aside for now,so as a long term solution, I cannot imagine and I certainly hope that the answer isn't we just string a bunch of 40-foot trailers around our store, no matter who it is, whether it's Walmart or Target or anybody else. There is going to have to be a better or more professional and more creative solution,typically if you have growing sales,you've got to be stick in trailers outside of your store, that means you need more stores, you need to expand stores that you have.That's more expensive than trailers--that's this whole argument.That's all this is about. But I don't know that that's going to be very good for the city. I certainly don't think we ought to encourage it, and we are certainly not doing it without some sort of time limit so we can review it. I don't necessarily know that any considerations have been given to how to manage that in a way like we discussed two years ago and I think that really has to occur because I just don't -- I hope that's not going to be in anybody's head a permanent solution to changes in the market place. I think we all expect that, very frankly, so would I. I don't know about two years in Hilltop, I don't think any more than one year and the reason I say that is because if it impacts this adjacent shopping center, they ought not to wait two years to try and fix it, that just wouldn't be fair to any adjacent property owner. So anyway that's my thoughts. Mr. Thornton:Karen, and then Ron. Ms. Kwasny:So given Dave's last comment I think it might be appropriate for us to, yes,of course be determining, you know, sufficient appropriate use of space, how much, and how long for each application individually of course because each one is different and has its own unique constraints and needs. I think that, you know, while, you know, it's problematic, what might be causing the issue is a conundrum for all of us, we cannot determine for them how to solve it, all we can determine is how we are going to manage it on their sites for now as well. I understand the fear of other businesses doing it, but they would be able to come forward to us to make that request and then we would have to determine whether or not the very same things we're determining on this, whether it's appropriate use of space, how much, how long, or whether or not they have the space to do it. For instance, Big Lots are usually in a retail space. They are not stand alone and they don't have the kind of space that's behind the Walmart at Nimmo for instance and of course the First Colonial has a different type of space and a different amount of space. So we have to handle that one differently and they are asking for fewer units, so in my view, I can understand a time constraint being applied and I can understand a limitation on the number of storage units. But I think as we are doing it, it's going to have to be according to each of them individually and I don't think it should be with the fear that we are going to set a precedent for every retail business putting storage units on their lots. Because many of them don't have lots to do that and,when they come forward,we have to assess them accordingly. So that's not a fear of mine; is whether or not this is appropriate to the use of the the Walmart on Nimmo in Princess Anne or the use of the Walmart space in the First Colonial or Lynnhaven or anywhere else. It's not our job to figure out how they solve that problem, it's how we solve this one. Mr. Thornton:Anybody on this side, Jeff? Mr. Hodgson:I agree with both speakers. I would be supportive of this with the time limitation. I agree with you on doing the First Colonial one at a smaller duration of time to see how it performs. We are trying to,we are always trying to think a solution for this and you know we don't have the answer for that, but if my math is right, these containers are about 8-feet wide by 40-feet long which is like 320 square feet. Ten of those would give you 3,200 square feet of additional retail space. You are talking about facilities that are 150,000 square feet. There a lot of very good contactors in this area that could easily add 3,200 square feet of additional space on to the back of one of these large buildings probably for pretty inexpensive price and there are solutions to this, but I would be willing to support it with some time limitations. Mr. Thornton: Ron. Mr. Ripley: I too, would do that, you know, we see other types of uses needing trailers, churches need them temporarily, schools need them temporarily, and here we have a situation where the retailers need it temporarily. We can accommodate, but we need a longer term solution than that and I think that two years would be appropriate and so I would be in favor of that. Mr. Thornton: Jack, and then Don. Mr. Wall: Well, I think that these are in commercial areas. I think that the location of the trailers as they have been are fairly hidden, you know, not visible so, as it is I think it's okay, but I do support and I feel it's appropriate for time limit as well. Mr. Thornton: Don. Mr. Horsley: I am like Jeff. I have done a little math and I come up with by the time we get 60 containers, we have built a 20,000 square foot warehouse when you put all 60 of them together. So I have always been pro-business and I want people to be successful,but also try to look out for the city's best interest too. And you know every once in a while I can come up with ideas, you know,but what I could see people come out and wanting to just put up a small store front and put a couple containers in the back and start running a business, and saying why wouldn't we be able to do that?Since Walmart is doing it so, so we don't want anything like that to start happening and we think more of the city than that, but I do want Walmart to be successful. They need to stay in the area. I appreciate what they do for our community. but I think they do appreciate what we try to make our city look like. So I would support it for the two-year timeframe like we did two years ago. Mr. Thornton:Okay, Mr. Weiner. Mr. Weiner:I am definitely in support of two years, I am good with two years even with Hilltop, but when you leave from here today, don't think that we don't like you, because we want you to come back and keep doing good work here in Virginia Beach, so yes I am in support of it. Mr. Redmond: I am not on Hilltop; I am much more comfortable with the notion of a one-year administrative review on Hilltop. These are a much tighter quarters than all these other sites and it hasn't been done before and if there are conflicts between the operations of those two things, I think that the adjacent operator ought to have some say in that and I don't think it would be a lot to ask, nor do I think it would be fair if we didn't do that. [Crosstalk]. Mr. Thornton:We are going to hear these individually, so when we make a motion for each, someone make a motion on Hilltop accordingly. We've got to make four motions, but we are not finished. Anybody else down here want to speak? Ms. Rucinski:I was going to say the exact same thing; I have absolutely no issues with, you know, 7, 9, and 10. You can't even tell that containers are there. I mean I knew two years ago that we did it and on a couple of them when I went by, it was like, oh yeah, oh there they are, you know, you have to go looking for them, but I agree the one at Hilltop, it's almost out, I mean, it's not even really behind the building. I mean you will be able to see it from the front row parking so that one, I do have some reservation with. Ms. Thornton:Karen. Ms. Kwasny:I just had one more kind of concern about the way we look at this going forward because I am not sure I want to consider; I want us to be considering adding another 3,200 or whatever however many square feet it would be, of building in any area where that space might be available when the option is for a 4-month span of store units that aren't visible to the eye from the street. So I don't know that I would like that to be the option that's considered going forward. I frankly, in my opinion, I would rather have timeframes that are administratively reviewed for something that impacts us only for four months and most of us don't see except for when we have a timeframe on a brand new building. That's my thought process, so I am not a fan of urging them to consider adding more building space that I don't think is very wise across the city. I do think that each item that comes before us, as I said before, will be assessed individually by us to determine whether or not when a business wants to put in storage units, they are not just going to get their business and then put up storage units. They are going to ask to do that. So we will, it won't set a precedent what we are doing today, we will have to assess each one individually. So the idea of precedent setting doesn't fly with me either, and I don't think we want more building. I think allowing for some temporary space that allows them to continue to do good business on some of these places where it's not obtrusive is a value to all of us. So I think we should be doing that, I agree. It gets good businesses. Mr. Inman: I will make a motion that we approve applications 7, 9, and 10 with a two-year limit. [Crosstalk] Ms. Cartwright:We need to do one at a time please. Mr. Thornton:So before you make a motion, may I have a word. Mr. Weiner: Certainly. Mr. Thornton: Okay these are, I just want to end up the discussion today with a few thoughts and then I will entertain a motion. In, you know, in the big picture we have got the largest retailer in the United States,maybe the world,asking to put 60 trailers in a city of 400,000 people. So I don't think we are going to upset the applecart and ruin anybody's neighborhood or ruin any retailers since another thought is no retailers have asked for this. Well, Target doesn't sell lawnmowers and Target doesn't sell bicycles and Target doesn't sell foosball table whatever, so I don't think we need to charge Walmart with what other retailers do or don't do. The sad thing is Sears,Kmart, Penney's,these people are all out of business and so what we need to do, and somebody said it on this side of the room,what we need to do,we can do to help Walmart stay in business and we also need to,you know,take care of the aesthetics of the City of Virginia Beach. I am in total agreement with what Karen says and what Jan said; these things cannot be seen almost by anybody except for Hilltop, so it's not like we are letting some intrusive thing into neighborhoods and the truth is, if we put a time limit on it,we have a chance to come back and look at this,I would almost rather, I don't know whether we can do it or not, let this be an administrative review so that they don't have to come back into the public arena. What do you think about that? Mr. Redmond:I was going to ask you that,what you were asking for, administrative review on an annual basis or two-year basis is certainly typical or not uncommon. I want to make sure I am saying the right thing here. Mr. Thornton:I would prefer that -- I mean you all are competent staff of people and if they are violating the intent of what they have agreed to, you will know that, now my colleagues on this panel may not agree with me and they may want to force them back to the table to the public arena, but I would be comfortable with administrative review from the staff and if this thing goes right, goes wrong, I don't think that in three or four years when this has a chance to work itself out, they may end up not even needing this space because of the way the retail world is shaking out. So you know, I am in complete support of this application. If we want to put an administrative review on it,then we can have a motion. Yes sir. Mr. Weiner:Point of information, please explain an administrative review to me. I don't know exactly, how that works? Mr. Frankenfield:It means you don't ever see it again. Mr. Weiner:I needed a little more detail. Mr. Frankenfield:Little more detail, alright, so what if. Mr. Kemp:What that would entail is in our system an inspection would be triggered every year and an inspector would go out, make sure that they meet the conditions. If there are only certain months that are supposed to be there, that gets checked and we would also see if there are any complaints from adjacent property owners. If there have been any property issues in that past year and typically if they have met all the conditions and it has gone on without any issues, it would be administratively approved for another year. Mr. Inman: I need to respond to that. So that means we never have another chance to consider this if they comply with this application conditions? Mr. Kemp: That's correct, unless you put another time limit, for example for five years with an administrative review every year. That would be the only way, it would come back. Mr. Inman: Permanently have number of trailers as requested? Mr. Kemp: Indefinitely as long as they comply. Correct, except if there were problems with the site and we revoke that administrative approval, then they would have to come back to you with another request for the bulk storage. Mr. Thornton: Dave. Mr. Redmond: I have a question to comment on that. So Barry this morning you indicated to us that in a briefing with city council; one of the things that they had mentioned was that they want to see a time limit, correct? Mr. Frankenfield:You are correct but they didn't have any particular consensus or detail. I just wanted to let you know, right, but let me tell you that it has come up in our favorite short-term rentals that if,and I have to ask Kay about this. We didn't determine if this is legal,but they asked that when the administrative review is done, that council be advised of the administrative review. So there is some possibility here you could have a little more oversight then never see it again. Is that right? Ms. Wilson:Yes. You could ask that they let you know what the determination was; also if you have one that is a problem that people complained about. Staff can bring them back to you,and so we can administratively do this, it's yours. Mr. Thornton:So Dave. Mr. Redmond:Well, I am not sure that I agree with the administrative review, I mean, it doesn't sound like it's really much of a review. I don't think a two-year, I don't think coming back for a conditional use permit in two years is a great burden for anybody, so the two-year administrative review, it doesn't sound like much of a review at all, it sounds like unless something goes wrong, then it's going to get renewed. I just don't think that's good enough very frankly, so and I still am concerned about that Hilltop site. Ms. Thornton:Well, unless something does go wrong, why should they have to come back here? Mr. Inman:I can answer that. We are here because times are changing with regard to retail and all. Times are going keep changing and do we want to have anything to say about something that we could have spent an hour and some time talking about the aesthetics. So if it is an aesthetical concern, that may not be necessary after two years or four years or whatever as we review it going down the road, because with the administrative review, we have nothing further to say about it as long as they comply with the conditions. Mr.Thornton:Back to Barry. When Mike says we have nothing to do about it,if you in your review process find a problem, it sounds like Kay said then you can bring it back. Mr. Inman:And if there are no problems with that then we do not have any right to have anything further to say about it. Mr. Thornton:That's what led to my question, if there are no problems, why do we care? But we must or you think we must, anyway. Ron? Mr. Ripley: I'm the same way, administratively, I don't think I have ever seen administrative review come back here that I can remember that we had placed that in there and there was a violation of that such that it came back. I go back two years ago, in good faith, there was representation that there was going to be an attempt to solve this problem and it really hasn't and I think you might be right I think in a couple of years it might solve itself. I mean in the market may just, you know, be so much more online and less in-store, then it solves some of its problems itself. So I think two years is not unreasonable for everybody to put their heads together and try to find a solution that's better than trailers. I think again if I own that retail shop as Dave mentioned then,what's to prevent me to come here and wanting to have a trailer,everybody can have a trailer, it would be really nice. [Crosstalk] but what you said where you gave Walmart 20 trailers, but then I should have one. Ms. Rucinski:I mean size, need, whether or not they have the space, whether or not it's obtrusive to the eye, all of those things would have to be part of the evaluation. Mr. Ripley:I don't have enough space, I need more retail space. Ms. Kwasny:I think you will have to evaluate each of them individually. I don't think you just blank check all of them because you did a Walmart, I disagree. Mr. Thornton:David. Mr. Weiner:Mr. Chairman I will make a motion that the commission approve agenda item number 8 for a conditional use permit with a one-year limitation. Mr. Thornton:Second by Jan Rucinski. Jeff? Mr. Hodgson:I was just going to say; would you be open to a two-year, with a one-year administrative on that one, so that they can still do a two-year;but they can review it after one year in lieu of the fact that it is new, it is visible and we did have speakers against it, so I am with you on the one-year. Mr. Redmond: They are not opposed to it. They did show concern about it and as it is a new store, and it is visible where the other three you cannot even see it. So I don't want to change your motion,but I want to know if you would consider a two-year with a one-year administrative review on that one so they can all come back at the same time if they do come back. Mr. Hodgson:No, I am not, one year. Mr. Thornton:Well, we have a motion and we have a second. So we need to, is that right, you seconded it. Mr. Wall:Can I do a substitute motion? I would like to put a condition, add a condition that you keep two year because that's— is that where we're at? Mr. Thornton: On number eight,the motion has been made to limit it to have a one-year as oppose to a two-year like on number seven and Jeff s argument was make it two but have a one-year administrative so that the four of these can come back together and there is no need to send one back a year from that, three back two years from that, I think that's what you're thinking. Mr. Hodgson:But still want to have some controls on this new site. I am getting smoke signals from the adjacent property owner out there that he is more comfortable with one year, so I am sticking to the one year. Mr. Thornton: Let's have a verbal rather than a smoke signal. Mr. Spatz:As I previously said, you know, one year, there is lot of merit to the one-year because this is a relatively, the Walmart has been opened less than a year, I am not familiar with how the administrative process would work, so I'm really trying to understand that and I'm also trying to understand exactly the layout and where the truck lanes will be, so that's part of the unknowns. And that's on me for not finding out about this earlier and having as much time for the due diligence as I could have. That being said, you know, we are opened to the two-year with a one year administrative review if I could understand that the administrative review is subject to the adjacent property being told that you are not having any issues with it, if that would be ok. Mr. Redmond: I think you hit it on the head. It comes down to this. Are you more comfortable with one year conditional use permit for those storage units, or you comfortable enough with the idea that they have it for two years and after one year the staff would review it. And I would encourage the staff to be very sensitive to adjacent property owners in that and also will be incumbent upon you to make sure there is communicating with them if you have some sort of concerns or objections. If you are comfortable with that two-year time limit with the administrative review, I am perfectly comfortable with that myself. Mr. Spatz:If we can put in their condition to understand that there should be certain compliance with the adjacent property owner to ensure that it is done in a way that's not obtrusive and invasive to the neighbors. Mr. Redmond: Okay, I am reading you to say that you are okay with two years. So Mr. Chairman may I change my motion. I would like to make a motion that we approve agenda item number eight with a two-year limitation and administrative review after one year. Mr. Thornton:And Jan second that so, vote is open. Mr. McNamara: Mr. Chaiiiiian, there was a discussion about the alternative fencing, some alternative fencing, that the screening will be acceptable to the planning director. I don't know, as far as this motion, if you wanted to consider that; right now there is a requirement that it will be fencing. We heard different comments about that and one suggestion was that whether alternative screening be allowed that is acceptable to planning director. Mr. Thornton: What is the Staffs position? Would you rather in be alternative or leave it fixed or let you all work with the applicant. I think Jeff had some concerns about the fence because it could be worse, the cure could be worse than the problem. Ms. Smith: Depends on what type of screening and where you like that screening. Mr. Thornton: We are not really sure where the containers are going to go exactly so not sure we can; all we can do is require screening subject to, can we do that or is that too wide open. Mr. Frankenfield:I am okay with that as I don't like the wood fencing either. Mr.Thornton:Okay, so then the condition would be, the screening would be a requirement subject to your input, it's not very formal but you got the words for that? [Crosstalk]. The type and location is subject to the planning directors, okay. Ms. Rucinski:Do we need to change the motion? Mr. Thornton:Okay, ready for vote? Ms. Cartwright:By recorded vote of 10-0,item number 8,Walmart Real Estate Business Trust has been approved with conditions as amended. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER ABSENT REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE CONDITIONS 1. The location of the bulk storage area for the storage containers shall be limited to the area depicted on the proposed site layout on page 5 of this report, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, subject to all applicable building and fire codes. 2. The storage containers shall not be stacked. 3. The storage containers shall not be placed within any easements. 4. The containers shall be screened from view as depicted on the submitted site layout. The screening wall shall be consistent with the photo titled "Proposed Screening Wall" as depicted on page 6 of this Staff report. 5. Unless otherwise authorized by the Building Official's Office and the Fire Prevention Bureau, the storage containers shall be located as to maintain a 20-foot wide access way for vehicular traffic flow and emergency access to the building and HVAC equipment. 6. No hazardous materials shall be stored within the storage containers. 7. Prior to use of the site for the storage, the applicant shall submit a plan to the Planning Department and the Fire Prevention Bureau showing the location of the storage containers for review and approval. 8. The storage containers shall be limited to 10 and are allowed on site only from September 15 to January 15. 9. This Conditional Use Permit is valid for two years from the date of its approval by the City Council. An Administrative Review shall be done after one year by the City of Virginia Beach Zoning Administrator to determine compliance with the above approved conditions. : \;\,/,..: ".. \y"." ..- -'-'44'';Z ter' -f: F3 ;,� s' . \\\\ Lry//\%•- . , N. 14:797*i. j/ ` .. lit f----, - 1 i .:::::111,7119:: :: 4 - 41:1:411,,N.:'. ifii, • ,_• ,5 .s.„. . , , i. „.... \.,,,., 4.,,,,..,..„.„..„... ilip„, ,,,,.....-F. ; ,e,, . . , . _, .. ., „, , 7._ ,, , .,„ A , , c,„, „,-------/-700 .„--__-_- ___,.. ......_ ,,, i „.. ,...., , ._,,, / ...... , . ----,.., 4,_, .--__ -. ... .. 1j„,,„....„ ..,..... I_ j It----,---11--- itii 400 , ..., , :' (,._ 1444fri , Sii,-"*----_,Th ,//7 ,'i in CA : , jib/// ..,.... , a 44 f� tom '� - -7 _ f f - ri. f `. �~ \~ 1:-.".--:_„---,, N._,. , .-,-. . :.,,4 ir l /. ""---,-.....„.3:' 4.‘ ', C-, ii,, Li rt\a .,,,,, .. ,.Ai r -4Pri Mr- '‘\•• , :•• • ••• (/ N \\' NI14& 1 1------ -- - ''\ r!'"\HO 411, . . Nik,„.....: „..,,..\ : Iii. , .,•,.., 41k, •.\\._•,„ --...'. ‘ 8 . ----.\-----, ' . \ ak y , .., _f.�h tf•-fes._ ,\ ,ir-, -it, 7/44.,'-' ,_, , i 4,4". .,/ c { f \ M \lit,,, ,..;./4,4114 iii," / „ , \\\, -‘-.',\ \,\,•-• ----.7 - \ ..., . i , No. \ ft 1to ,.�, it-... ,,. : ,,,,Tikr/4/1 \'' , \ \CD --1. i 1 P r' f`-, 'r, r^` 4111§7 / . •. , N , . , , , . ,,,,,,„ ., 4,,,, // /\‘‘...\\:. .._ „ ___________, ,,,, ,, , , . ~ �\\.... -- +___ , 44k.„: ''qui I 7 ,, i : „N. \-,<, 7' iloilit., r es. is �.\ r- Jrr / �`e � \ .11.' .—.1 .':"\\:*.., 4:,4 6.N" 4, \ .(�' �` 0 Nk~a1 if' ,Nit,, 1,1 ,. ._' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: WAL-MART REAL ESTATE BUSINESS TRUST [Applicant] LAKE GEM II, LLC & WAL-MART REAL ESTATE BUSINESS TRUST [Property Owners] Conditional Use Permit(Bulk Storage Yard) for the property located at 1149 & 1169 Nimmo Parkway (GPINs 2414261130 & 2414256765), COUNCIL DISTRICT — PRINCESS ANNE. MEETING DATE: August 21, 2018 • Background: On September 20, 2016, City Council approved a Conditional Use Permit for a Bulk Storage Yard with a two-year time limit for the storage up to 20 containers behind the Walmart shopping center at Red Mill Commons. The storage of the containers on the site was further limited to between September 15th and January 15th of each year. As the two-year time limit is approaching, the applicant is requesting a new Conditional Use Permit for a Bulk Storage Yard in order to allow these 20 containers to be located in the same spot, during the same time frame, but without a time limit. The submitted site layout is devoid of any of the required Category VI screening surrounding the bulk storage area. The applicant is requesting that this deficiency be addressed through the provisions of Section 221 (i) of the Zoning Ordinance, which allows City Council to grant deviations to required plantings and fencing. Both the Staff and the Planning Commission support this deviation, as the storage area is sufficiently screened from Newstead Drive by an existing mature hedge of tall evergreen shrubs. • Considerations: The Planning Commission discussed Walmart's four Conditional Use Permit applications for Bulk Storage at one time; then voted on each request separately. Among the Commission's concerns were the storage of merchandise beyond the limits of the building, the negative aesthetics associated with the containers, and the propensity of many retailers to pursue the use of containers rather than constructing a building addition. The applicant's representative stated that Walmart continues to review ways to increase efficiencies and review current logistic practices, but increasing store footprints at this time is cost prohibitive. On this particular parcel, the storage area is proposed near the loading dock, and will be well-screened from the surrounding properties and from the rights-of-way. Wal-Mart Real Estate Business Trust Page 2 of 3 After much discussion, the Planning Commission added Condition 9, as indicated by underlined text, which places a two-year time limit on the Conditional Use Permit, and encouraged the applicant to pursue a long-term solution to the storage problem. The recommended conditions below ensure that no easements are blocked and that adequate access is maintained around the building for vehicles including fire apparatuses. • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this request by a vote of 10-0. 1. The location of the Bulk Storage Yard for the storage containers shall be limited to the area depicted on the proposed site layout on page 5 of this report, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, and shall be subject to all applicable building and fire codes. 2. The storage containers shall not be stacked. 3. The storage containers shall not be placed within any easements. 4. Unless otherwise authorized by the Building Official's Office and the Fire Prevention Bureau, the storage containers shall be so located as to maintain a 20- foot wide accessway for vehicular traffic flow and emergency access to the building and HVAC equipment. 5. No hazardous materials shall be stored within the storage containers. 6. Prior to use of the site for the storage, the applicant shall submit a plan to the Planning Department and the Fire Prevention Bureau showing the location of the storage containers for review and approval. 7. The storage containers shall be limited to 20 and are only permitted on site from September 15th to January 15th. 8. The existing plant material along the western property line that provides a visual screen of the containers from Newstead Road shall remain and shall be properly maintained so as to provide a continuous screen to the Bulk Storage Yard. 9. This Conditional Use Permit is valid for two years from the date of approval by the City Council. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Wal-Mart Real Estate Business Trust Page 3 of 3 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Departme. Agency: Planning Department , (9,61--3 City Manager: Applicant Wal-Mart Real Estate Business Trust Agenda Item Property Owners Lake Gem II, LLC & Wal-Mart Real Estate 1B Business Trust 7 Public Hearing July 11, 2018 Virginia Beach city Council Election District Princess Anne Request '� ` Conditional Use Permit (Bulk Storage Yard) MO killtai" ` �� / o Staff Recommendation , inal �� 0� Approval • ! oor ri M ji Staff Planner IRF ^�,,4`"^r..-4 -‘,-.,. 44-4 Jonathan Sanders \ / ;r o f 4., ,0 Location ' , "(, e' "... /....,' -. 1149& 1169 Nimmo Parkway / f GPINs 1, ' °g 2414261130, 2414256765 tIt.""'' Of,,..., `. Site Size \ f IQ 34.2 acres ¢ AICUZ 65-70 dB DNL; Sub-Area 2 Watershed Southern Rivers Existing Land Use and Zoning District ,i` �1 •, "` 44 Mixed retail/B-2 Community Business w�, Surrounding Land Uses and Zoning Districts .' , .} North +, 4. n : ., '/'; 't Nimmo Parkway ` e Restaurants/B-2 Community Business • - 1 ` South � •'� /sik � 'Na' Mixed retail/B-2 Community Business :' .. ,f ;;,4 - East ,,,. >< -- Mixed retail/ B-2 Community Business `,;; +ti,4 �, `t, West 4.--) „ , Newstead Drive ; u o, Single-Family dwellings/ R-20 Residential - ' `''., •'-1 r',' • Wal-Mart Real Estate Business Trust Agenda Item 7 Page 1 Background and Summary of Proposal • On September 20, 2016, City Council approved a Conditional Use Permit for a Bulk Storage Yard for up to two years that permitted up to 20 containers behind the shopping center on an adjacent parcel, only between September 15th and January 15th of each year. • As the two-year time limit is approaching,the applicant is requesting a new Conditional Use Permit for a Bulk Storage Yard in order to allow these 20 containers in the same location and during the same time frame, and that there be no limit to the length of the Conditional Use Permit. • The storage containers will be placed outside of all easements existing on the property. • The storage containers are sufficiently screened from any rights-of-way by an existing mature hedge of tall evergreen shrubs. 2r Zoning History i B-4 _ t "' / Rte\ # Request "ter 1 CUP(Bulk Storage)Approved 09/20/2016 �'i /1/e/11/„//' >�..\ g_2 MOD Approved 08/12/2008 CUP(Bulk Storage for Pallets, Recyclable Cardboard AG z � ] B2 Materials and Seasonal Sales)Approved 08/05/2003 _ 20CUP(Automobile Service Establishment)Approved Ro =tk12/05/2000 § ata ' 2 MOD Approved 05/13/2010 :'`�/ CUP(Seasonal Outdoor"Green" Market)Approved ��, 4. • • \ 05/26/2009 AG-2 �" `r R-7.5. 3 MOD(Conditions)Approved 11/27/2007 Ac1F ,8-2 ‘-''''',.,,, _ .J `.,5c, Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation Section 228 of the Zoning Ordinance requires that a Bulk Storage Yard be entirely screened with Category VI landscaping, which includes a solid fence, not less than six feet in height, with plants along the exterior of the fence. The submitted site layout is devoid of any of the required fencing surrounding the bulk storage area. The applicant is requesting that this deficiency be addressed through the provisions of Section 221 (i) of the Zoning Ordinance, which allows City Council to grant deviations from required landscaping if"for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties." Staff concludes that a deviation in this requirement will not adversely impact the adjacent properties, particularly given that the existing loading area adjacent to the area being used for storage is heavily screened by 20-foot tall mature plants along Newstead Drive. Wal-Mart Real Estate Business Trust Agenda Item 7 Page 2 The location of the storage containers is conditioned below shall be such that no easements are blocked and that adequate access is maintained around the building for vehicular and fire apparatus. Based on the considerations above, Staff recommends approval of this request with the conditions below. Recommended Conditions 1. The location of the Bulk Storage Yard for the storage containers shall be limited to the area depicted on the proposed site layout on page 5 of this report,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, and shall be subject to all applicable building and fire codes. 2. The storage containers shall not be stacked. 3. The storage containers shall not be placed within any easements. 4. Unless otherwise authorized by the Building Official's Office and the Fire Prevention Bureau,the storage containers shall be so located as to maintain a 20-foot wide accessway for vehicular traffic flow and emergency access to the building and HVAC equipment. 5. No hazardous materials shall be stored within the storage containers. 6. Prior to use of the site for the storage,the applicant shall submit a plan to the Planning Department and the Fire Prevention Bureau showing the location of the storage containers for review and approval. 7. The storage containers shall be limited to 20 and are only permitted on site from September 15th to January 15tH 8. The existing plant material along the western property line that provides a visual screen of the containers from Newstead Road shall remain and shall be properly maintained so as to provide a continuous screen to the Bulk Storage Yard. 9. This Conditional Use Permit is valid for two years from the date of approval by the City Council. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy,are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Wal-Mart Real Estate Business Trust Agenda Item 7 Page 3 Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the Suburban Area. Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a frame work for neighbors and places that are increasingly vibrant and distinctive. The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. Natural and Cultural Resources Impacts The site is located within the Southern Rivers watershed. There does not appear to be any significant natural resources or cultural features associated with the site. The proposed bulk storage units are located over existing impervious surfaces. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Nimmo Parkway 20,668 ADT 1 32,500 ADT i(LOS 2"C") No Change Anticipated 37,100 ADT (LOS E") 1 Average Daily Trips 2 LOS=Level of Service Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service. Wal-Mart Real Estate Business Trust Agenda Item 7 Page 4 Proposed Site Layout 1161.2.56 1161701 1,45707 1145 ((7 1157.114 jes 11))101 1157 104 /157107 £Q ace' LA, Proposed Bulk Storage Area Walmart Wal-Mart Real Estate Business Trust Agenda Item 7 Page 5 Site Photos s 710..amiiimonis _. _ 11 _ - ,wax - _ . 11110P- iii 6Y� s —'. 14 M 44 ;+P r k vo! — • epsiig ;'' ;-, _ SL1. Ur 4114 LIQ ." ' r _ ,. _ ,..,__,..__ . _._. . . _, .. = .. sem" Wal-Mart Real Estate Business Trust Agenda Item 7 Page 6 Disclosure Statement Virginia Beach APPLICANT'S NAME Wal-Mart Real Estate Business Trust DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance,Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals - Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/Ail disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning-Commission and City Council meeting that pertains to the application(s). r ❑ APPLICANT NOTIFIED OF HEARING DATE Id NO CHANGES AS OF DATE Zig/10i J5 _ Jonathan Sanders 0 REVISIONS SUBMITTED DATE Wal-Mart Real Estate Business Trust Agenda Item 7 Page 7 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. ZCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Wal-Mart Real Estate Business- If an LLC, list all member's names If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) Please see attached. (B) List the businesses that have a parent-subsidiary l or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Please see attached. See next page for information pertaining to footnotes' and 2 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Li Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. N Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization,AND THEN, complete the following. (A) List the Property Owner's name:Lake Gem II, LLC _�______ If an LLC,list the member's names:Please see attached. Page 2 of 7 Wal-Mart Real Estate Business Trust Agenda Item 7 Page 8 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) Please see attached. (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner (Attach list if necessary) Please see attached. "Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,Va. Code §2.2 3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent subsidiary relationship,that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2 3101. • - ..„ • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Wal-Mart Real Estate Business Trust Agenda Item 7 Page 9 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) FAccounting and/or preparer of your tax return ® Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than Elthe Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed 111 purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors ❑ ® Engineers/Surveyors/Agents Financing(include current (—� ® mortgage holders and lenders I I selected or being considered to provide financing for acquisition or construction of the property) 0 Legal Services Troutman Sanders LLP Real Estate Brokers/ `' Agents/Realtors for current and anticipated future sales of the subject property ♦ 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Reach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Pi;e4cf7 Wal-Mart Real Estate Business Trust Agenda Item 7 Page 10 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. ,4. ;, w�� Y •� c_ k/e/r4 2s///�,' GNATURE /��/c../ PRINT NAME DATE Page 5 of 7 Wal-Mart Real Estate Business Trust Agenda Item 7 Page 11 Disclosure Statement Conditional Use Permit Application of Wal-Mart Real Estate Business Trust Supplemental Disclosure Information Owner/Annlicant: Wal-Mart Real Estate Business Trust The Owner/Applicant is an affiliate of a publicly-traded company that has numerous officers. directors,members,trustees,partners and shareholders. Parent/Subsidiary Entities: 1. Wal-Mart Inc. 2. Wal-Mart Stores East, LLC 3. WSE Management. I.LC 4. WSE Investment LLC 5. Wal-Mart Stores East, LP 6. Wal-Mart Transportation, I.I.0 7. WaI-Mart.com USA. LLC 8. Wal-Mart Property Co. 9. Wal-Mart Pecos Investment. LLC 10. Wal-Mart Louisiana. LI.0 11. Walmart Starco. LLC 12. WMGS Services. LLC 13. Wal-Mart IRS, LLC 14. Wal-Mart Stores Texas. I.1,C 15. Ft Scott Property. LLC 16. Texas Retail Energy. LLC 17. Wal-Mart Texas I,icensing Holdings. LLC 18. WM Lone Star Licensing. LI.0 19. Quality Licensing Corp. 20. Sam's West. Inc. 21. Sam's East. Inc. 22. SAM'S SPIRITS. LLC 23. Sam's Property Co. 24. Sam's Real Estate Business Trust 25. Sam's TRS. LLC 26. Green River Spirits LLC 27. Sam's Tobacco LLC 28052763,2 Wal-Mart Real Estate Business Trust Agenda Item 7 Page 12 Disclosure Statement \B„ OWNER Via Beam YES i NO SERVICE n PROVIDER luso additional sheets if eeded) i _ Ix' Accounting and/or preparer of LJ �� your tax return n Z Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than X the Applicant)-identify purchaser and purchaser's service providers i Any other pending or proposed (^ purchaser of the subject property I (identify purchaser(s)and purchaser's service providers) lI CX Construction Contractors Engineers/Surveyors/Agents Financing(include current Sun Life Assurance Co.of Canada IzI 7 mortgage holders and lenders u selected or being considered to provide financing for acquisition or construction of the property) I-1 IX Legal Services — 1 Real Estate Brokers / Commercial Real Estate Services ® ❑ Agents/Realtors for current and anticipated future sales of the . subject roeI 4 _,. • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ® an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Wal-Mart Real Estate Business Trust Agenda Item 7 Page 13 Disclosure Statement 1113 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. 11 understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this 1 Application. Please see below PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Lake Gem II,LLC By: GEM Sandbrl.ge, • By: _ 6-1214 8 Jo n L.Gibson,i9• anager Date By: Lakeicte'�`oroup C ---- L -/St-IF Eric C.Anderson,Manager Date Page 7 of 7 Wal-Mart Real Estate Business Trust Agenda Item 7 Page 14 Disclosure Statement Lake Gem II,LLC Members: Gem Sandbridge,LLC;John L.Gibson,Ill; Donna L.MacMillan; Douglas D.Ellis; Bruce A. Berlin;Michael A.Culpepper;Lakeside Group,LLC;Eric C.Anderson;Patricia M.Windsor Revocable Trust;Lucy F.Reasor Inter Vivos Trust Affiliates/Subsidiaries: Lake Gem, LLC; Lake Gem Dl, LLC; Lake Gem D8, LLC; Lake Gem D8A, LLC; Lake Gem H, LLC; Lakeside/Swinson Note, LLC; Lake Gem Apartments, LLC; Gem Sandbridge, LLC; Lakeside Group, LIC; Gem Sandbridge Dl, LLC;Gem Sandbridge D8, LLC; Lakeside Group D8, LLC; Gem Sandbridge H, LLC; Lakeside Group III, LLC;Gem Sandbridge Walk, LLC; Lakeside Walk, LLC; Gem Sandbridge Apartments, LLC; Lakeside Group II,LLC Wal-Mart Real Estate Business Trust Agenda Item 7 Page 15 Item #7 Wal-Mart Real Estate Business Trust Conditional Use Permit 1149 & 1169 Nimmo Parkway District- Princess Anne July 11, 2018 APPROVED Mr. Kleine: Good afternoon Mr. Chairman,members of the Commission. For the record,my name is Tom Kleine. I am a partner with the firm Troutman Sanders, it's also been my privilege for a number of years to serve as council to Wal-Mart Stores for all the projects that they do here in Virginia and I am here on behalf of these four, I realized we have four applications one after another. I will proceed with the first one and then if we want to go on into the next one, however, the chair wishes to proceed. The first application that we have is with respect to the project that we have on Nimmo Parkway and this application as you all know is for the ability for us to have temporary trailers, storage trailers in the back of the store, on the side of the store to help us prepare for the holiday season. We are proposing limitation of 20, no more than 20 containers. There are a number of conditions that we worked very closely with the staff on over the course of last few weeks. I too addressed they are all acceptable to Wal-Mart obviously the location of them would have to be acceptable to the fire marshal or the planning director. They are within the defined area that shown on the site plan. There would be no hazardous materials that would be stored in any of the containers and again there are strict limits on the number and limits on the timeframe to which they would need to be removed. The area of the site, if you have been out there, is an area that is predominantly where you have truck traffic and loading, its located behind the strip center that is adjacent to the Wal-Mart store. It's also bordered on the other side that does not look like it. It's also bordered on the other side by very mature hedge of trees and that area. There is a site plan that everyone has in their packet, it shows the precise location. They would typically be uniform in size, stacked next to one another in that location. We have heard no objections from any of the adjacent property owners. One of the property owners actually signed the application because part of that site is in a shared area with the adjacent like gym, developers that own the balance of the shopping center. Now let me speak to the concern about containers Mr. Ripley. I read your transcript from a couple of years ago and I also heard Mr. Redmond and Mr. Horsley's comments when we have those sessions earlier and I know that there was a concern of, okay we have this discussion two years ago where are we now. I want to assure you all Wal-Mart takes those concerns,this issue very seriously, we have every single store manager for all five Wal-Mart supercenters in Virginia Beach here today. We have the market manager for this whole part of Virginia has come here today to discuss the logistics issues. We also have someone from the corporate office here Ms. Laurie Smalling-Letts,who is senior director for government affairs.We have also reached out to some of the commissioners who are located in the district. We had the privilege of meeting with Dr. Kwasny at the site with the store manager for a period of time the other day to show the location, to talk about the logistics issues and talk about what we are doing. Some of these, this one we are asking for 20, some of them are more limited number and we will speak to those as we get to them. The issue is that these stores, you know while we are trying to manage inventory as best we can,these stores happen to be very popular and very successful stores and we are trying to keep the store successful in a climate in which the retail market has changed dramatically even in the two years since that approval was granted a couple of years ago. We have had situations where we have got Toys R Us that is gone out of business recently,the Babies R Us has gone out of business and I know the Sears from our office at town center is going to be closing and even with the Babies R Us closure, our store manager has mentioned that she has seen an uptick in the demand for some of that merchandise. So we also have seen a huge change in the online shopping environment. People are sitting at home, they are texting, they are saying I want this TV and I want it delivered to that store and I want to be able to get there and pick it up. We have tried to configure the sites to facilitate that to minimize, you know, the number of people in the stores so that they can come, you may notice we have done some restriping in some of the stores. We have added some locations in the parking lot where people can text in advance, come, pick their merchandise up and do some of the online grocery but we are trying to adjust to that but that also means is the stores were still staying very busy and the sales are continuing and so what this effort is during the holiday season it is an extremely demanding time particularly for toys and for some of the merchandise, that's a little bit larger -- bicycles and things like that -- that are difficult to just continuously restocking keep on the shelves and they are doing what they can. Fortunately, this is a large store, it has a large storage area in the back when the garden center is not occupied with plant material and this has a large garden center when it's not occupied during the planting season, we try to use some of that space to maximize the additional merchandise but what this comes down to is the ability for the customer to have the merchandise on the shelf that they are asking for and they are working on that. They are working on logistic, you will see a lots of trucks coming to the stores frequently to keep the merchandise going, to keep them moving, to keep them restocked.When you get into that super high demand period particularly as you lead up to black Friday and get passed Christmas, the demand is really pressing on these stores. They are working to do the best to manage it as best we can. I heard some comments earlier. This happens in one of our bigger stores. Some of the stores we are doing now are smaller,the one we will talk about in few minutes at First Colonial is smaller, we are asking for less trailers here to just get us over the hump,but I mean that's kind of thrust of where we are at so we are looking at these stores and we are saying okay what can we do that can allow us to keep the merchandise to meet the customer demands and another thing the Wal-Mart does that some stores don't do is the layaway option, you know, there are lot of our customers they don't have the ability to pay for the merchandise right away but need to know that it's going to be available there for Christmas and particularly as you get to the holiday season, you are having our customers coming to us asking for that merchandise that may be we are storing and trying to get us really through the thanksgiving push I really say. Once we get passed that, closer to Christmas, there is less demand to have that storage there. But that's the purpose, I mean, I think the good news is as we are seeing retailers and frankly there have been some Wal-Mart Stores that I have taken through the entitlement process in the mid-Atlantic, they have ultimately decided let's not pursue that store. You know, the good news is these stores are successful. These stores are doing well. Virginia Beach has been one of the only markets in the mid-Atlantic where they opened a new store last year,that's the one on First Colonial that we will talk about in a few minutes. We are employing over 2,200 people in Virginia Beach. We have got these five supercenters. They are doing well, we are doing our best to adjust to it and we are trying to do it in a way that's not intrusive, that's not objective. I don't know of any adjacent property owner who has called. I know that we put them on a two- year limit a couple of years ago, I don't know that in that two years that anybody has called us. I asked the zoning administrator a couple of months ago, have we heard any concerns from these from adjacent property owners?I have not heard of any,people know to call me adjacent property owners out there have not called us to let us know about them and we have also tried to do them in an area that's really not going to affect the customer experience going in that shopping center. You come, you drive into that Red Mill Wal-Mart, and you are not going to see these. The only way you are going to see them is if you go all the way behind, all the way around that hedge and up into our loading area and that's where they will be just for that limited period of time. So you know,we respect and we hear the concerns that you all mentioned but that's what we are trying to adjust to. We have got an online issue, we have got an extremely dynamic change in the market place right now,we are trying to keep the merchandise out there and now I heard a comment earlier —well what you do when you cannot have the containers, you know, there are some jurisdictions where that is outright prohibited and we have to adjust but the adjustment in that situation may be just not having the merchandise that the customers are looking for so they'll go to another jurisdiction or go somewhere else or in the lot of jurisdictions we are allowed to have them subject to certain conditions by right actually in some jurisdictions,we are allowed to have them by right, we try to work with the jurisdiction, make sure that they are not offensive, that they are not obtrusive that we don't have adjacent property issues that they are in compliance with zoning requirements and to try to adjust that. So that you know that's kind of the story we take this seriously, they take their stores very seriously here in Virginia Beach because they are so successful and you know we were out there. What was it Monday or Tuesday afternoon in the middle of the afternoon, and there were people that were coming who are vacationing here, you know buying beach supplies,buying all kinds of supplies,buying their groceries,looking for beach chairs,you know that store with all its 450 employees is serving the community and that's all they are asking for is to be able to continue to do that for this limited period of time. I did hear the comment earlier, gosh that seems an awful long amount of time, that's not the holiday season September 15th through,we have really asked for that four months just to make sure that if a trailer shows up a little bit earlier whatever there is layaway demand you know that we don't have situation violation of the zoning ordinance, is a practical matter. I think that Ms. Conway who is the store manager will tell you, they are not there that long, you are not going to have 20 trailers out there from September 15 through January 15 and it is a practical matter, once she has the containers there and the merchandise is out of them,she doesn't have any need for them to continue to be there, so she calls them up and says please remove these but again we ask for 20. So if there are 20 out there at any given time again we are not having the zoning violation or we are not having a situation. So we would certainly again we brought the whole team, every store manager, the market manager, someone from the corporate office were happy to answer any questions but we want you to know we did look at the transcript and we did discuss the transcript with the planning staff from the discussions that you had two years ago and we are working on it. We are trying to keep these stores successful in a very dynamic and changing market. So with that said I will be happy to answer any questions. All of the conditions that we reviewed with the staff are acceptable to us and again I am not aware of any objections or anyone here in opposition. Mr. Thornton: Questions for Mr. Kleine, Mr. Redmond. Mr. Redmond: So you said that in instances where in the jurisdictions where you cannot get approval for this, the store adapts,right? Mr. Kleine: Well when I say adapt, if you cannot have them then you just, there might be merchandise that people are asking for that you just cannot provide, yeah. I mean that's or there might not be the ability to do the layaway or offer that service and offer the merchandise. So it is really just about being able to provide the merchandise that people are asking for that store. Mr. Redmond: What are some jurisdictions where you cannot do that in the Commonwealth of Virginia, are you aware of any? Mr. Kleine: I would have to go back and research, I am not aware. Mr. Redmond:You heard my concern this morning is I don't like doing this with no context,right. Mr. Kleine: I mean I know in Chesapeake they are permitted,you know,you got a lot of containers subject to certain requirements, I know Norfolk you are allowed to do them subject to certain requirements. Some cases you may have a zoning overlay district such as town center for example where we have it screened and you know unless it's like a special event or something, there was certain restrictions on having them there. I would say that puts a big burden on that store too, you know, again town center is a dynamic area, we put our office there at the very beginning so I know how dynamic it is. I watched it grow up outside my window,a few years ago people said well we are not sure that Wal-Mart make sense at Town Center, Wal-Mart compatible with the Town Center model and all that so again that was a by right side that Old Bill's flea market and we work with the staff, Wal-Mart some of these folks, the corporate office worked with the planning staff and did a town center Wal-Mart there, even though it wasn't fully about the zoning ordinance to try to have something that fits in with the environment. That's a hard issue with the holidays to be honest with you,because the reality is you have got all these people saying I would like to put this on layaway, I would like to have access to that equipment. I would like to have that bicycle and we may be in a situation that we just say I am sorry we cannot do that. Mr. Redmond: Why is that unique to Wal-Mart? I am unaware of any other retailer that we have had asked for trailers? Mr. Kleine: Well, I don't think it's unique that we have had trailers in some of our stores. I think it's a lot of just meeting kind of the customer to manage and try to make sure that the merchandise is available and be successful. I don't represent Target, so I don't know to be honestly I don't know that they don't have trailers at their sites, perhaps they don't at the Hilltop site. Mr. Redmond: We haven't seen them, I mean this is the only Wal-Mart is the only retailer I am aware of, that's ever come before us is asked for trailers around Christmas time as I said this morning Kohl's doesn't do it, Target doesn't do it,the extent that there are any J. C. Penneys, they don't do it. I mean retailers that you are talking about before, I have never seen it from Sears or K-Mart for some odd reason.This is particular just for Wal-Mart and look at these shopping centers and I think to myself wouldn't any other retailer be inclined to come and say yeah we'd like a trailer.What about Big Lots which is you know adjacent to that store and once bought, you know, another retailer in some places just said, we could use one or two. I don't think we want to encourage this notion that if you have a store and you are busy in Christmas because they are all busy at Christmas from the guy that has a 1200 square feet, and he just sells shoes to you know couple of hundred thousand square foot Wal-Mart, again you are going to face greater strains at Christmas time. I don't know that's something going forward that we have to think is just sort of assume that that's okay to do that because we do have site plans. Yeah those other four walls will cause some, you know, some constraints and so the changing retail environment is challenging for anybody. This is the only retailer that I am aware of and whatever 11 years of doing this,that's ever asked for this and I don't know that it's necessarily fair to everybody because I would think everybody would want at least one--what a heck, I am selling lot of shoes out of my 1,200 square foot store so anyway that's my concern. So now here what are you saying about it makes easier for Christmas timing and moving bunch of stuff at around and I understand all that but those are constraints that every retailer faces. Mr. Kleine:But I do think you know some of our merchandise is all different sizes. You got lot of bicycles, you got toys, you have things like that and our stores are just very successful. I mean they are,they are extremely busy, very successful stores here. The model is such that you know a lot of people; we have got a lot of traffic to these stores. I don't know what the traffic counts are to other retailers. I think you will have also have a code that would permit other retailers to ask, you know, when there are discretions and I think again we are doing it in a very unobtrusive way. I mean this is literally behind the shopping center in an area that's almost enclosed on four sides because you have got the back of another retailer behind this, retailer on two sides and then there is very mature hedge so you know when I am asking to put them out in the parking field. We are not asking to have them there indefinitely or asking so that we can get through you know this much and that is I mean that's the reality of the situation, I'll ask people like Laurie,the market manager, if they have anything that they want to add to what we said there but I mean that's what we have during that period of time. Mr. Thornton: Ron, a question? Mr. Ripley: Tom if you read that the verbatim we said at the very beginning last year that we are ecstatic that the commerce was there, we want the commerce to continue. The idea of what the discussion we have was in good faith was how do we do that, you know,how do we kind of plank and come forward with to help solve this problem in long term and not have that because there was an objection then and you can see it really hasn't changed as far as the way I think this commission kind of looks at it. When I think about Wal-Mart, Wal-Mart has written, how many books have been written about inventory supply chain management, I mean, it has been studied and the highest business institutions in the country over and over again because it is so efficient. Here we got this what we are looking at here it says inefficiency and it doesn't seem to line up with their philosophy to me. I think what was important to me last time is that the managers did come in and they said yeah,we know we are at this problem. We think we can solve it and I realize things do change in the market place and if the commerce is really doing well. There may be another way to solve it and I think I have heard this morning I think maybe at the most some additional time to help solve it might be palpable but this being a long term solution, I don't think that's the solution. Mr. Kleine: I appreciate that Mr. Ripley and we did share that transcript obviously with the leadership that's here and it has been a changing environment just in those two years, you know, the demand on that store, I am talking about the Red Mill,just continues to go up as we discussed with Dr. Kwasny out there which is great for Virginia Beach, it's great for everyone and so to the extent you know two years ago they were looking and I know that Ms. Conway the store manager, they have looked to re-configure areas in the back.They looked to try to establish more efficiencies and keep merchandise on the shelves, keeping the shelves stocked so that you know you are not going in there and saying oh my god,there is none of this item but it's all back in the storage locker at the back. It mentions they are trying to keep 10 plus items of each thing continuously stocked on those shelves. So that you are coming in and you are looking for something it's there and we are also again trying to have additional efficiencies with respect to the fleet of the Walmart trucks that you see coming, getting the stores off-loaded, getting the merchandising off the shelves. Mr. Ripley: But in that inventory model, I mean, the inventory model is that the warehouse knows exactly when they need something and it's moved up as oppose to putting it out in the parking lot. Mr. Kleine: And for that limited period of time though, there was just not that room, we have got so many people coming into these stores asking for certain items to keep that merchandise continuously on the shelves. To keep them successful, you do have that big press and as I said we are asking for the four months. It's a practical matter, it's not really four months of trailers. I mean, we are having that window just so you don't have a situation where we're in violation but it's really a big push over a shorter compressed period of time,black Friday. Mr. Ripley: I am not speaking for everybody up here but if you had another year or two to help solve this issue, would you be willing to good faith of work on that get it done or not? I mean it buys you time and something you said in the presentation I want to take exception to and that is that you didn't hear anything from the staff. It's incumbent on the applicant to solve the problem not just staff to have to go out and solve the problem. Mr. Kleine: I am sorry if I misspoke. Mr. Ripley: It sounded like nobody has contacted you in the two years about this issue. Mr.Kleine: Oh, no,no,no what I was saying was what I checked was,had there been anyone from the community called to complain that it was a zoning violation or some issues associated with them being out there, that's what I had asked. No, I certainly didn't, we had many discussions with the staff and we are very familiar with the issues. Mr. Ripley: It is incumbent on you to solve these issues. Mr. Kleine: We understand that. And may I introduce, this is Laurie Smalling-Letts with the Walmart corporate office. Ms. Smalling-Letts: Good afternoon, thank you for the time you know as I sit here, I have been with Walmart for 17 and a half years, and I completely understand your concerns but I have seen a drastic change in retail in the time that I have been with the company. We are a good corporate citizen and we provide, as Tom has already said, 2,400 jobs in Virginia Beach. We have given back over 2 million dollars annually to your community through food donations, through CHKD, through local organizations. We have also with just taxes in the State of Virginia, sustain local taxes over a 109 million dollars that are coming back,through tax dollars,so yes we are a corporate citizen that is operating in your city,within your city. I have worked as I said with Walmart for 17 and a half years so I have been at federal state, local, international working with governments on how we engage and how we support the communities we serve. I understand your concern about our inventory management but our stores are built to basically serve customers nine months out of the year. That other additional, there is the influx of traffic. I was just visiting with Melissa who has a store, she has 60,000 customers coming through her door during the holidays. She has an increase in millions of dollars at inventory that's coming in. So I understand that just in time, and pretty much you know most of the year, we are able to do just in time inventory but our just in time inventory now is just in time for the store. The customer wants to be there just in time for that parent that doesn't want the big item to be shipped to their house but they can pick it up at store and then we will have to pay a shipping fee. I just did it this last year, we were buying a shuffleboard table for our boys and it was from Santa we didn't have it shipped to the house. It would have been free to go to the house but it was free to go to the store. We went to the store because we didn't want it on the front step when we came home and didn't know what the box was going to say to surprise what Santa was bringing. So there is a changing dynamic and when you are asked about finding an internal solution to be able to do this, that would be coming back and that would be multi-million dollar expansion of trying to add inventory for the three months, which we would have to go through all the process and everything else. We are in the time right now that in retail we are fighting for our lives. When you look at what retail spaces are going out of business and the retail space that is actively being used, that is going away where it's not generating sales tax revenue, I would love to say that we can come in and tell you that for every store in Virginia Beach,we are going to go in and invest 10 million dollars to expand the stores so we have the inventory space for Christmas. Unfortunately, we are a low-cost retailer. Every cost that adds on adds to the cost of doing business and adds to the cost of every item that your constituents would be purchasing at our stores. So we have to evaluate the kind of the big picture and yes I know trailers don't look great but you are right. Like in all the other jurisdictions that I have worked in, I have had the experience where they understand that we truly like, I tell people, people think oh you are a retailer, we are actually in the people business. We work to get our associates to serve the customers that come through the door. It happens to be the merchandise what's in between and there is a lot of merchandise at Christmas time. It is fortunate that we are having increases in sales but as we have been talking to each of these stores,we have online grocery pickups so we are creating new jobs for those associates to have additional training to be able to serve those customers that want to come in and get their groceries. So we are increasing skill sets, we are investing in our people, we are doing a lot of great things. We have to be able to serve the customer to be able to stay in business and so it is this additional merchandise that we need during the holidays at all of our stores. There was one saying as I have been visiting with some local officials about our community engagement, everybody is like are you facing the same issues in the other jurisdictions?And we are not. We had trailers at all of these stores and so and I have to say that Virginia Beach is absolutely beautiful and you're building and everything else. I understand the pride that you have and making sure that you are making the right decisions but we are trying to make right decisions for our customers. By having the merchandise that they want when they need it and being able to have pickup in our local stores where people can order big items for their kids and surprise them and layaway. A lot of retailers have done away with layaway because it is expensive to store that merchandise and to collect ongoing but that's our core customer. They need layaway because they cannot afford to come in and buy it all in once. So I understand and I would love to say that we could say hey give us another year and we will come back and we will have a solution. Unfortunately, I think that the only thing at this point is that temporary storage to get us through and will continue to work through our inventory and figure out there are ways that we can reduce the number of trailers. I also don't want the company to go out of business. I don't want us to have to reduce inventory because people aren't shopping in our stores and that's what we are facing as you look at the competitive landscape. Where retail is going, more and more is going online and we are here providing jobs in your community,we are providing tax dollars that come directly back to your community and we are serving your customers that are your constituents. So I do appreciate you hearing this but as we are sitting back I know our stores need this because this is the first issue that I heard when I came into the market last year is that the city doesn't like us and it was our trailers. That's the interpretation of our store managers. When they came here two years ago, the feeling as they walked out was that it was easy for you all to kind of say well we don't want to see you and you fix it. They are managing 400-450 associates. They are managing millions of dollars of inventory that's flowing in the stores and unfortunately they are just trying to make sure that they can accommodate customers and serve the customers with the merchandise they want. So if you all decide that we have to come back and come up and invest then maybe Tom will be coming here and saying we are actually closing another store versus building more. That's the retail environment as I said I came into Walmart where we are opening 250-300 stores a year, this year alone we are opening 20, consumers are changing, shopping behaviors are changing that where we can keep our customer shopping in the stores that's what these store managers are here fighting for just to make sure we can serve those customers. Mr. Thornton: Don't go away, we may have some questions. Any questions for Laurie, Mike? Mr. Inman:From either of them, I respect that what you were saying about what Walmart does for the community, I want to thank you all for that. Our job is to a great degree about aesthetics and keeping our city beautiful and this has something to do with the storage units that you have. It is still curious that and I know you guys are smarter than most of them, but nobody else seems to need this. Maybe they haven't figured it out yet,I don't know. What about other off-site warehouse facility,maybe several smaller warehouse facilities that are in an industrial part versus having the trailers right there. I know it's not convenient as far as restocking. It is not as convenient but it's an alternative that would eliminate the trailers, maybe that doesn't work. I mean I understand. I am not trying to restructure Walmart here but what are the alternatives could there be to satisfy? Ms. Smalling-Letts: And we have had those conversations about that and just from the logistical standpoint. So our trucks come in and bring the trailers and then they could place in the parking lot. We don't have short haul like we don't have small trucks that kind of go from point A to point B. When you talk about putting in an outside storage then it becomes running new hauls and it becomes finding CBL drivers that would be beyond the corporate time and then the liability of having the merchandise and being able to transport it back and forth. So we have had those conversations. I know Tom you have had additional conversations even with internal real estate but you know it's we have the space there, we can have associates go out, we have locks on all of it. We can monitor when they are on property. So from that standpoint, it's just we are setup logistically for long haul not short haul just in the way that our logistic system works. Mr. Thornton :David? Mr.Weiner:And I want to thank you also. Walmart does a great job around here and they are very good corporate citizens with the City of Virginia Beach, doing a fine job. I think it took us by surprise that's what I think for pretty much here. I even asked Jimmy. I thought this was a done deal, they are going to take care of this. That's what I think. That's why we are talking about this right now and on the other hand not thinking about the applications. If you looked at the number of people who walked in the Walmart compared to Target, it's probably double and that's why they need a containers because, don't take this wrong way, but if I have to go to Walmart, I will go 5 in the morning where I can get in and out. I think that's why we are here right now because of the people that go there are about double the people that go to Target. I think that's why we are little bit shocked to see this come in front of us again. Mr. Kleine:And I think again,we have those issues with the stores being very successful and again just the changes with the retail market changing. Our firm represents a lot of other type of entities and we are seeing so much dramatic change in business over time, I mean, there have been sites as I mentioned before that I took through very ruling entitlement processes in other parts of the Mid-Atlantic. Walmart ultimately decided we are not going to do the stores, even though we have been through lawsuits and everything, to get them approved. It's changing that much and as she mentioned, with the mode we used to be and building so many stores when last year I think the only store I am pretty sure that this is correct,the only store that they opened in all of Virginia was this one in Hilltop. That's what the change has been. Getting to Mr. Inman's comment, and I respect the concern about the aesthetics, I am a resident of Virginia Beach and I appreciate that. We are trying to find with every one of these applications the places where they are the most unobtrusive and no one is going to have to go back there to look for them here. Ms. Conway,who is a store manager, also gave commissioner Kwasny her word. These things aren't going to be just scattered around there. You have got a defined box we have to keep them in, we have got an understanding with the adjacent property owner that there was a defined area that they are going to be in.They are going to be uniform, there are going to be stacked and again her business model as soon as she doesn't need that thing and she locally had used another thing that has changed. It used to be that the delivery of these trailers etc. was handled at the corporate level. That's changed and it is now handled at the store level as I understand. So Ms. Conway is going to be there at that store, running that store, and she is going to realize we don't need these five trailers. Call up the folks, get them off the site and so maybe you are down to 10, maybe you are down to 15 or whatever. We have deliberately, and you will see with all the other applications, found spots that are going to have to minimize any kind of aesthetics adjacent. The newest one that we have, that we will talk about in a moment, there is some fencing that the staff has asked for because there is an adjacent shopping center, so we have a very cognizant of that sir. Mr. Thornton: Karen? Ms. Kwasny: I don't have a question. I am wondering whether or not we are listening to each one of them individually and then we will have closed it, so that we can have conversation. Because I think, I am passed a point of question for them, I am to the point of wanting to make a comment or two that we could just ask, but don't know when we are going to do that. Mr. Thornton: We are going to close public hearing sooner than later, because I think, unless we have got anymore specific questions but we are going to hear their argument all at once and then we are going to deliberate. We have got to make a decision on each individual one, but I don't want to stop if we got questions, let's keep asking questions and Mr. Redmond. Mr. Redmond: I do have a question. That's the variations in the number of trailers in each one of these four applications, can you explain it? I would prefer some sort of you know specificity and metric, not merely the store manager says 10 or the store manager says 20. As Mr. Ripley said, you guys have a pretty well known and extraordinarily sophisticated logistics and supplied management reputation, I am sure was probably a good bit more specific than that, so 10 versus 20 versus. Mr. Kleine:Well, I think I can address that probably on a site by site basis. On this particular site, we have the room. It's one of our largest stores, 200,000 square feet. So I think this is such a big store between the proximity to all the tourist areas and in the other parts of the city. I think that was evaluated. We also have the space on the side in that area, so that was a 20. With the other stores, we can talk about. Some of it, we have less space. Some of the stores are smaller like the retrofitted K-Mart that we did at First Colonial. Mr. Redmond: Yes, it's a question ahead actually. What's the square foot of store Hilltop?Do you know of the top of your head square footage of the store at Hilltop? Somebody was asking this morning and I don't know. Mr. Kleine: I think in the range of 152,but it's based off of sales. the metric that they do internally and this is from the market manager, they do look at the sales. You know that they have of that store and what the increase demand is anticipated to be with the holiday season in that shift. Then they look it, where feasibly we will be able to house that merchandise based on our historic data, numbers of customers coming in an anticipation with the holiday. Mr. Redmond: Okay, thanks. Mr.Kleine: And there are practical limitations based on do you have space more than like Phoenix Drive, we just have that location on the site. Mr. Thornton: Questions on this side, over here, I see no more hands, I see no more questions. So with that we'll close the public hearing and will debate this matter amongst ourselves,thank you. Mr. Kleine: Thank you. This is just the public hearing on this application. We do have different issues with the other. Mr. Thornton: Why don't you quickly give us the nuances of four of them, so we know Nimmo Parkway has 20 containers, we know where they are going to be, what about, do the next three in executive summary because they all should be reasonably similar except for Hilltop. Mr. Kleine: And then I know with respect the Hilltop just for purpose of keeping the record, we have some gentlemen that are going to want to speak from adjacent property owners. We want to make sure that the record reflects that opportunity. Mr. Thornton: That one will be last. Mr. Kleine: So I think that one in your agenda was actually the next. That was number eight, so perhaps if we wanna skip, now to number nine and ten. Mr. Thornton: Nine is Lynnhaven and ten is Phoenix. Mr. Kleine: Okay, so Lynnhaven again it's a similar situation, this is one of our larger stores with heavy sales. You cannot see it very well with this site plan, but these would be placed around the back of the store, pushed up as close to the stores as the fire marshal will allow us. We'll have to work with the fire marshal on that, outside of any travel lanes. This is part of a larger shopping center. You have got an adjoining shopping center next to us, so this is not a situation where it looks like a parking lot in this but that's actually, this area over here is actually more in line shopping down to that shopping center. So there is a little passage way but from the parking field out here, there's just really no visibility. He is proposing to park some of them along here and then some of them along there. The back of the store has a pretty well defined stormwater management facility. There is also very defined hedge that runs along the back there. The adjacent property notices have been sent out. Signs for the stores have been posted. I am not aware of any of the adjacent or nearby property owners who have any concerns. This is one of the large stores like the Red Mill, a 200,000 square foot store, and again a very successful store. There is a lot of demand for some of the layaway and some of the other merchandise at the holidays. We have a series of conditions that are acceptable to the applicant here, no hazardous limitation on the number, limitation on the time of year that they would be out there. The fmal location of them will have to be subject to fmal approval by zoning and fire marshal etc. But they're back there, near the loading area that is not visible from public right-of-way. You can see the mature hedge across there that's providing successive buffering with any the residential behind is a multifamily. Ms. Rucinski:And how many at that store? Mr. Kleine: That would be no more than 20. The next one, number 10, is Phoenix Drive and this is a store just near the Lynnhaven Mall.You may recall,we came before the Planning Commission and City Council a few years ago for an expansion for this store so that we could add the full grocery component. At this store we are proposing to put them back in this area and have no more than 10 over there. That's where they historically put them at this 168,000 square foot store. It was originally a division one store and it was expanded a few years ago to make a little bit so we had the full service grocery component to it. This again is an area of the site, it has very limited visibility as you can see, very mature hedge along this side. It's way off to the side as you drive into the site, all the vehicular access for the most part is from the front or from the other side big parking field because the side is over parked. I heard your comment earlier about parking, I think this was parked at 4.5 per thousand ratio and the city requirement is 4 per thousand, so we got lot of parking. We are trying to keep them back there, minimize the visibility. There is also a condition, that is a little bit unique from the others that if this site over here were ever to be developed and for whatever reason that hedge were to be removed or thinned out, we would have to put a wooden fence or some type of barrier fence along there. If we were going to continue to have the containers in that location, but again that's a condition that we worked out with the staff. I cannot tell them how they would really have any visibility again. One of the entrance features over here and then entrance over here,there would be very minimal.You really have to drive over there and again there is a lot of parking that's not used at this site. That's where they would be located. So the conditions on that are acceptable. I think those are the three which you have looked at before. The new site is the one at Hilltop and that is agenda item eight. This is an exciting store. I have to say because we worked on this, I live near the store, it took us a long time working on all the documents to get this together. I think for those of you who aren't familiar with this shopping center and Kmart,that was a very dated Kmart that ultimately went out of business and that center was in need of significant work. Walmart came in a few years ago. We went before the City Council for a conditional use permit associated with some of the accessory components that we have over here. It's part of that approval. We also showed architectural detail. We worked very closely with the staff on dressing this up. We took that old Kmart store's respective old walls, for the most part, and gutted it and did a few additions on the sides. If you have been out there, you really have to look to not know that it's a completely brand new store. You would never know that it was essentially, we have retrofitted the older building that's there. You know this site has a shopping center with other retail parcels that kind of surround it. They are owned by different property owners.Those gentleman are here and they are going to speak with us.What she is asking for, the square footage of this one Jackie, 152 and that's approximately the size of the Kmart that we took over with a little bit of few tweaks to accommodate some things around the area around the sites. So on this side, there are reciprocal easements for parking and travel lanes etc.,with this overall shopping center.You can obviously access this site of First Colonial.You can access it off Donna Drive as well. Over this area here is the loading area. Again we try to identify and on this side is our garden center and this is the Autobell. Of course the store faces this way and then passed on a drive, you have Laskin Road up here. What we have done over here is, she has a limited need again for some containers. She is anticipating seven to ten so we are asking for 10. So limit on 10 again the same limitations that we have before. The staff did indicate that because we are adjacent to this retail area, that's owned separately from Walmart, that we could perhaps put in some fencing. There is a screen fence, it screens some of the loading area that's of a wood nature over here. They asked if we could put something similar to that or compatible with that. It would be temporary if you could go to the site plan there kind of a long like that actually it was a previous one, like that, I think the staff reports showed it going all the way down here and comment was that's an awful lot of temporary wooden fencing when you are needing to get into the containers over here. When you have got basically screening yourself from your own store over here because the remainder of the center is over there. The other issue is some questions we had, wait a minute what does this box mean,there is already a site plan that shows some parking spines etc. She would just put some of these containers in those existing parking spines. So we are not proposing to block any travel lanes or drive aisles, it's more just to get them closer to the store. This area back here is a loading area. It has some reinforce concrete, there is a lot of truck activity with the deliveries that are coming back there each day. I know one question is could you push them back little bit further. That's why we have them kind of in these areas over here on our site located to typically put them in some of the perpendicular to one another within the spines. But not interfering with the routine truck travel lanes that are coming into the site or anything that would pose an issue from a fire perspective. I did speak with Mr. Aspin Wall who owns the self storage on the other side here. He does not have any objection to it. I know the gentleman from Pratt Street did want to comment on it, they did. They are new owners of the remaining shopping center and they did contact us last Friday just indicated they have some questions and I believe that they would also like to speak. So on that part, I will be happy to answer any questions or if not defer to the gentleman from the Pratt Street. Mr. Thornton: So you are talking 20, 20, 10 and 10 on number count; we got that? Two at 20 and two at 10. Mr. Klein: Yes sir. Mr. Thornton: Don. Mr. Horsley: These are all 20-foot containers right; they are not 40? Mr. Klein: They are 40. Yes sir. But they would all, have defined limits that we would have to keep them in, so there are precise locations. We have to keep them within those confines. Mr. Thornton: Any other questions for Mr. Klein? Okay thank you. Mr. Klein: Thank you. Ms. Cartwright: Alright, we do have one speaker in opposition for item number eight, Jeff Spatz, would you please come to the podium and state your name for the record? Mr. Spatz: Good afternoon, I'm Jeff Spatz on behalf of Pratt Street Capital, PSC Hilltop and other co-owners of the adjacent center there. As Mr. Klein explained, we own a retail center, over here as well as on this side of the Walmart center. On each side we have properties,retailers are on each side. There is a reciprocal easement agreement between Walmart and our ownership which was placed there by the prior owner,prior to the sale to Walmart to allow both parties to have utilization of access ingress/egress etc., so that there will be kind of cohesive flow to the center even though it is separate parcels. We only did learn about this more recently, there are many factors that are moving parts. One is this Walmart is a relatively new Walmart. As Walmart explained, they have been opened a year. It may be just over a year, but it's a pretty new Walmart and we are still just digesting how the impact is on the center. They have been a great neighbor,we are happy to work with them,but we want to make sure that the traffic flow,the truck loading and the parking do not get adversely impacted. We did get to this a little bit late in the game. I want to thank the Commission and the staff, especially Mr. Davis. I am not sure if he is here, okay he has been very responsive and very helpful. It has made our job of digesting this in a short period of time much easier, so thank you and that being said we want to be good neighbors. We want to accommodate Walmart. We want to help them be successful. Retailers in the market, we just want to ensure that it does not adversely impact the aesthetics as the Commission is concerned, and as far as traffic flow and truck loading as well. The site plan that they put together had a call out for a substantial area where they may or may not put the trailers. We would like to little more closely define it to understand. My understanding from being at the center and from speaking to Walmart is that the trucks actually do come along the back of our retail establishment and go through here so I want to make sure that does not impede and Walmart has verbally said no we would make sure that it doesn't impact the truck ingress/egress and loading area. So we are not in opposition,we just want to make sure that it is working in a cohesive manner with the entire shopping center.Now we could all work together so as much as we are quoted as opposition,we are not here formally saying that we are against it, we just want to be done it in a way that enhances entire center for Walmart as much as you know our retailers. Mr. Thornton: We have a time limit on speaking. Mr. Spatz: Oh, I am sorry,my first time here. Mr. Thornton: That's okay, that's fine, questions for Mr. Spatz from the Planning Commission. Mr. Redmond: Was the fencing a priority for you? Mr. Spatz: The fencing would be helpful but part of that is to understand exactly the layout of the storage facilities and then we can see the visibility, the eye sight. So to understand there is a lot of parking here to understand exactly where in this area. It will now be set,then we can understand exactly the site line. We really want to keep it looking nice aesthetically as we can and we did ask if they could be set back a bit further to kind of keep it out of the view point. As they said, Mr. Klein explained, it's a little difficult because of the loading area, so we are trying to have a discussion of how we could work together to accommodate it from our perspective. Obviously the Commission has to approve it from their perspective but we are trying to work together to see if there is a way we can accommodate. Mr. Redmond: My concern is whether screening ends up looking worse than better and it could end up looking like. We have all seen the construction site fences that go up, and I just don't want the screening to make it look more of an eyesore than it would as you just said the walls of the containers. Mr. Spatz: I agree completely and that part of the factor of is the screening going to be up year round or is that only going to be there when the storage facilities are there, is it going to be maintained, will it need to be power washed, etc. Those are kind of some of the moving parts that were you know trying to have the discussion on to make sure that it works. Mr. Redmond: My understanding is that screening would have to be removed when the containers are moved. Mr. Spatz: That was my understanding and I wanted to confirm that and the question is from one year to the next, how it will be maintained and at this point, the Commission deems that it is an appropriate use because this is a new Walmart and we are still just trying to get our hands around exactly the logistics and the layout and the trucking lanes. We would propose that it would be a more timeline finite period rather than indefinite approval. Mr. Redmond: I think we are all in agreement with that. Mr. Spatz: That's fine, but I just especially with this site, because Walmart has only been opened for a year and there are a lot of open issues from our perspective. Mr. Redmond: Thank you. Mr. Thornton: Jack. Mr. Wall: So currently the traffic flow and the pattern is acceptable? Mr. Spatz: That is correct. We have not had any issues with their trucks going behind our center and our parcel and using that lonely area. We have not had any issues. Mr. Thornton: Okay, Jan. Mr. Rucinski: I have a question for Walmart. Mr. Thornton: Do you need to ask to this while this gentleman is here? Ms. Rucinski: No. Mr. Thornton: Ok. Mr. Spatz: Thank you very much. Mr. Thornton: Thank you sir. Tom she has a question for you. Ms. Rucinski: So my question is this. If the loading trucks are entering behind where those storage units are proposed, why could we move those storage units closer to the building? Mr. Kleine: Thank you for that question. By the way, and I am going to have the store manager to address where the trucks for the most part are coming through, I will say that the short answer is Wal-Mart is never going to allow something that interferes with their ability to get the merchandise in the store and interfere with their truck routes. So not containers. This is Jackie Russell who is the store manager of the new store. Ms. Russell: Good afternoon, so where the trucks come in, they actually come off the Donna Drive and they do go behind, so they go here and they come down through here and this right here is where they back the trucks up. These trucks are really big so in the morning time, I may have possibly anywhere from I want to say five to ten deliveries, different size of vehicles coming from local business partners for grocery merchandise and then I also have our Wal-Mart corporate trucks. They have to back these things up into four different bays. So they need this room right here to back up the maneuver because they are maneuvering around five to ten other vehicles so I cannot put the proposed bulk storage there because then there is just no way. It's going to create an interference. It's going to create safety issue. Ms. Rucinski: I wasn't really talking about back down the corner; I was talking more like closer to the building because it looks like you have got them up in that front corner,but instead of been in the corner move them closer to the building. Ms. Russell: Good question, I actually have a pickup area, so my online grocery shoppers go to the back of the building and we have a door on the side of the building that allows my associates to come out there and provide that service to that customer. So unfortunately I cannot put it there because that's going to impede on those parking spaces for those customers to come in and come out. Mr. Kleine:But the reason, if you go to the exhibit where it would be,with the black one,that one yes; what we are doing there was really just respecting the property line and showing that would be within the limits of where they could be. We are not saying that they would necessarily be pushed off all the way along that area. We would, you know, we are going to try to keep them in existing parking areas in a way that there was not interfere with pickup,you also have the pharmacy pickup. There is a pharmacy drive through and there is designated spot. The people who are doing the online pickup that you are talking about, but if you can go to the one that shows the site plan, well yes, the other one, the one that shows the overhead, I am sorry, yes so where she would do them is a practical matter. There are some parking spaces that run through here and she would have them within those parking spaces, for the most part in those parking space areas. Mr. Thornton: Do you anticipate ten units side by side? Ms. Russell:So there would be like two and then there would be some space, yes and then two, so I am trying to confine it into allocated parking spaces on my property. Mr. Kleine:As a practical matter, more in this right in here, and then we would, and then with respect to the fencing, the wooden fencing, you know, if we wanted to modify that condition, etc. or such appropriate screening as approved by the planning director or something like that, to provide some flexibility, I think that is yes. Someone has asked the question that is it going to be up and around; no, I mean we wouldn't have just a line of fencing there with nothing behind it or whatever. It would be removed, the wooden fencing you know, sometimes it draws attention I agree, you know, I see wooden fencing, you're like okay what's going on behind that, but there is some Shade cloth screening, there is portable temporary screening that I have seen used in some locations and some of our stores. We have sometimes put it on the inside of garden centers that can come on portable racks that they can roll out there, so if you wanted to modify that condition to say or such appropriate screening is approved by the planning director that we can work, you know, with the planning director to find some alternative as well instead of the wood. But if the requirement is that it be wood then, yes, the wood have to go to a fence vendor and they would have to have basically prefab sections put up and they'd have to have the concrete, portable concrete footers, put out there and then have to have all that removed and then they'd have to -- her employees would have to be maneuvering around that -- particularly if they ran all the way down as it was originally proposed, to get back to where those areas are located and again, if you go back to the site plan, the overhead, you know, here is your visibility. I mean this is the end of the shopping center, Mr. Spatz' company owns right there, so we are talking about this area down here. So you know we certainly can work with the staff,planning director on appropriate screening of that corner that we discussed. I would also say that as soon as Mr. Spatz and his company reached and talked to us, we put them in touch with the whole Walmart team. I think he met with the market manager, he has met with the store manager and he is also schedule to be talking to someone from the corporate office that handles all the real estate transactions and all that to establish a relationship and understanding and of course he understands. I won't put words in his mouth,that this is a recommendation,that the matter still has to go before City Council so I imagine we will continue having discussions with him. At the time Walmart bought this side, it was all owned by one owner so we purchased this site from one owner and then the residual still owned by the owner that we purchased with, so that the ECR and everything that he was referencing was put in place as part of that transaction. Mr. Thornton: No more questions, thank you. Mr. Kleine:Thank you. Mr. Thornton: Standby, you may be back, okay any other speakers in opposition? Ms. Cartwright: No that was it. Mr. Thornton: So we have Mr. Kleine speaking in favor, one speaker opposed, and with that we can close the public hearing and discuss it amongst ourselves. So who wants to takeoff with it, Dave? Mr. Redmond:As you know, I have a number of concerns; I think foremost in my mind is that this has to be time limited. Second, I am most concerned about the one at Hilltop because it hasn't been there before and the current owner of the adjacent shopping center hasn't experienced it either. So I think certainly in that instance, you know, we've got to be very careful because if the two don't play well together then he is not going to able to do anything about it. I wouldn't want an adjacent property owner to be disadvantage in any way for his operations to be disadvantaged in any way and have no recourse about it because there is a conditional use permit in place. So particularly on that site, I think we have to look at that. Furthermore, it cannot be the answer that the internet is coming to retail and is changing everybody's shopping just have more 40-foot trailers everywhere. There's got to be some better answer than that long term or have 10,000 40-foot trailers in the city. I think you know what they are facing,by the way, they are one of the largest drivers of the shift to online shopping but what they are facing, everybody in retail is facing and everybody is going to have to grapple with it and all sort of other different aspects of the economy. But we'll leave that aside for now, so as a long term solution,I cannot imagine and I certainly hope that the answer isn't we just string a bunch of 40-foot trailers around our store, no matter who it is, whether it's Walmart or Target or anybody else. There is going to have to be a better or more professional and more creative solution,typically if you have growing sales, you've got to be stick in trailers outside of your store, that means you need more stores, you need to expand stores that you have.That's more expensive than trailers--that's this whole argument.That's all this is about. But I don't know that that's going to be very good for the city. I certainly don't think we ought to encourage it, and we are certainly not doing it without some sort of time limit so we can review it. I don't necessarily know that any considerations have been given to how to manage that in a way like we discussed two years ago and I think that really has to occur because I just don't -- I hope that's not going to be in anybody's head a permanent solution to changes in the market place. I think we all expect that, very frankly, so would I. I don't know about two years in Hilltop, I don't think any more than one year and the reason I say that is because if it impacts this adjacent shopping center, they ought not to wait two years to try and fix it, that just wouldn't be fair to any adjacent property owner. So anyway that's my thoughts. Mr. Thornton:Karen, and then Ron. Ms. Kwasny:So given Dave's last comment I think it might be appropriate for us to,yes,of course be determining, you know, sufficient appropriate use of space, how much, and how long for each application individually of course because each one is different and has its own unique constraints and needs. I think that, you know, while, you know, it's problematic, what might be causing the issue is a conundrum for all of us, we cannot determine for them how to solve it, all we can determine is how we are going to manage it on their sites for now as well. I understand the fear of other businesses doing it, but they would be able to come forward to us to make that request and then we would have to determine whether or not the very same things we're determining on this, whether it's appropriate use of space, how much, how long, or whether or not they have the space to do it. For instance, Big Lots are usually in a retail space. They are not stand alone and they don't have the kind of space that's behind the Walmart at Nimmo for instance and of course the First Colonial has a different type of space and a different amount of space. So we have to handle that one differently and they are asking for fewer units, so in my view, I can understand a time constraint being applied and I can understand a limitation on the number of storage units. But I think as we are doing it, it's going to have to be according to each of them individually and I don't think it should be with the fear that we are going to set a precedent for every retail business putting storage units on their lots. Because many of them don't have lots to do that and,when they come forward,we have to assess them accordingly. So that's not a fear of mine; is whether or not this is appropriate to the use of the the Walmart on Nimmo in Princess Anne or the use of the Walmart space in the First Colonial or Lynnhaven or anywhere else. It's not our job to figure out how they solve that problem, it's how we solve this one. Mr. Thornton:Anybody on this side, Jeff? Mr. Hodgson:I agree with both speakers. I would be supportive of this with the time limitation. I agree with you on doing the First Colonial one at a smaller duration of time to see how it performs. We are trying to,we are always trying to think a solution for this and you know we don't have the answer for that, but if my math is right, these containers are about 8-feet wide by 40-feet long which is like 320 square feet. Ten of those would give you 3,200 square feet of additional retail space. You are talking about facilities that are 150,000 square feet. There a lot of very good contactors in this area that could easily add 3,200 square feet of additional space on to the back of one of these large buildings probably for pretty inexpensive price and there are solutions to this, but I would be willing to support it with some time limitations. Mr. Thornton: Ron. Mr. Ripley: I too, would do that, you know, we see other types of uses needing trailers, churches need them temporarily, schools need them temporarily, and here we have a situation where the retailers need it temporarily. We can accommodate, but we need a longer term solution than that and I think that two years would be appropriate and so I would be in favor of that. Mr. Thornton: Jack, and then Don. Mr. Wall: Well, I think that these are in commercial areas. I think that the location of the trailers as they have been are fairly hidden, you know, not visible so, as it is I think it's okay, but I do support and I feel it's appropriate for time limit as well. Mr. Thornton: Don. Mr. Horsley: I am like Jeff. I have done a little math and I come up with by the time we get 60 containers, we have built a 20,000 square foot warehouse when you put all 60 of them together. So I have always been pro-business and I want people to be successful,but also try to look out for the city's best interest too. And you know every once in a while I can come up with ideas, you know,but what I could see people come out and wanting to just put up a small store front and put a couple containers in the back and start running a business, and saying why wouldn't we be able to do that?Since Walmart is doing it so, so we don't want anything like that to start happening and we think more of the city than that,but I do want Walmart to be successful. They need to stay in the area. I appreciate what they do for our community. but I think they do appreciate what we try to make our city look like. So I would support it for the two-year timeframe like we did two years ago. Mr. Thornton:Okay, Mr. Weiner. Mr. Weiner:I am definitely in support of two years, I am good with two years even with Hilltop, but when you leave from here today, don't think that we don't like you, because we want you to come back and keep doing good work here in Virginia Beach, so yes I am in support of it. Mr. Redmond: I am not on Hilltop; I am much more comfortable with the notion of a one-year administrative review on Hilltop. These are a much tighter quarters than all these other sites and it hasn't been done before and if there are conflicts between the operations of those two things, I think that the adjacent operator ought to have some say in that and I don't think it would be a lot to ask, nor do I think it would be fair if we didn't do that. [Crosstalk]. Mr. Thornton:We are going to hear these individually, so when we make a motion for each, someone make a motion on Hilltop accordingly. We've got to make four motions, but we are not finished. Anybody else down here want to speak? Ms. Rucinski:l was going to say the exact same thing; I have absolutely no issues with,you know, 7, 9, and 10. You can't even tell that containers are there. I mean I knew two years ago that we did it and on a couple of them when I went by, it was like, oh yeah, oh there they are, you know, you have to go looking for them, but I agree the one at Hilltop, it's almost out, I mean, it's not even really behind the building. I mean you will be able to see it from the front row parking so that one, I do have some reservation with. Ms. Thornton:Karen. Ms. Kwasny:I just had one more kind of concern about the way we look at this going forward because I am not sure I want to consider; I want us to be considering adding another 3,200 or whatever however many square feet it would be, of building in any area where that space might be available when the option is for a 4-month span of store units that aren't visible to the eye from the street. So I don't know that I would like that to be the option that's considered going forward. I frankly, in my opinion, I would rather have timeframes that are administratively reviewed for something that impacts us only for four months and most of us don't see except for when we have a timeframe on a brand new building. That's my thought process, so I am not a fan of urging them to consider adding more building space that I don't think is very wise across the city. I do think that each item that comes before us, as I said before, will be assessed individually by us to determine whether or not when a business wants to put in storage units, they are not just going to get their business and then put up storage units. They are going to ask to do that. So we will, it won't set a precedent what we are doing today, we will have to assess each one individually. So the idea of precedent setting doesn't fly with me either, and I don't think we want more building. I think allowing for some temporary space that allows them to continue to do good business on some of these places where it's not obtrusive is a value to all of us. So I think we should be doing that, I agree. It gets good businesses. Mr. Inman: I will make a motion that we approve applications 7, 9, and 10 with a two-year limit. [Crosstalk] Ms. Cartwright:We need to do one at a time please. Mr. Thornton:So before you make a motion, may I have a word. Mr. Weiner: Certainly. Mr. Thornton: Okay these are, I just want to end up the discussion today with a few thoughts and then I will entertain a motion. In, you know, in the big picture we have got the largest retailer in the United States,maybe the world, asking to put 60 trailers in a city of 400,000 people. So I don't think we are going to upset the applecart and ruin anybody's neighborhood or ruin any retailers since another thought is no retailers have asked for this. Well, Target doesn't sell lawnmowers and Target doesn't sell bicycles and Target doesn't sell foosball table whatever, so I don't think we need to charge Walmart with what other retailers do or don't do. The sad thing is Sears,Kmart, Penny's,these people are all out of business and so what we need to do, and somebody said it on this side of the room,what we need to do,we can do to help Walmart stay in business and we also need to,you know,take care of the aesthetics of the City of Virginia Beach. I am in total agreement with what Karen says and what Jan said; these things cannot be seen almost by anybody except for Hilltop, so it's not like we are letting some intrusive thing into neighborhoods and the truth is, if we put a time limit on it,we have a chance to come back and look at this, I would almost rather, I don't know whether we can do it or not, let this be an administrative review so that they don't have to come back into the public arena. What do you think about that? Mr. Redmond:I was going to ask you that,what you were asking for, administrative review on an annual basis or two-year basis is certainly typical or not uncommon. I want to make sure I am saying the right thing here. Mr. Thornton:I would prefer that -- I mean you all are competent staff of people and if they are violating the intent of what they have agreed to, you will know that, now my colleagues on this panel may not agree with me and they may want to force them back to the table to the public arena, but I would be comfortable with administrative review from the staff and if this thing goes right, goes wrong, I don't think that in three or four years when this has a chance to work itself out,they may end up not even needing this space because of the way the retail world is shaking out. So you know, I am in complete support of this application. If we want to put an administrative review on it, then we can have a motion. Yes sir. Mr. Weiner:Point of information, please explain an administrative review to me. I don't know exactly, how that works? Mr. Frankenfield:It means you don't ever see it again. Mr. Weiner:I needed a little more detail. Mr. Frankenfield:Little more detail, alright, so what if. Mr. Kemp:What that would entail is in our system an inspection would be triggered every year and an inspector would go out, make sure that they meet the conditions. If there are only certain months that are supposed to be there, that gets checked and we would also see if there are any complaints from adjacent property owners. If there have been any property issues in that past year and typically if they have met all the conditions and it has gone on without any issues, it would be administratively approved for another year. Mr. Inman: I need to respond to that. So that means we never have another chance to consider this if they comply with this application conditions? Mr. Kemp: That's correct, unless you put another time limit, for example for five years with an administrative review every year. That would be the only way, it would come back. Mr. Inman: Permanently have number of trailers as requested? Mr. Kemp: Indefinitely as long as they comply. Correct, except if there were problems with the site and we revoke that administrative approval, then they would have to come back to you with another request for the bulk storage. Mr. Thornton: Dave. Mr. Redmond: I have a question to comment on that. So Barry this morning you indicated to us that in a briefing with city council; one of the things that they had mentioned was that they want to see a time limit, correct? Mr. Frankenfield:You are correct but they didn't have any particular consensus or detail. I just wanted to let you know, right, but let me tell you that it has come up in our favorite short-term rentals that if,and I have to ask Kay about this. We didn't determine if this is legal,but they asked that when the administrative review is done,that council be advised of the administrative review. So there is some possibility here you could have a little more oversight then never see it again. Is that right? Ms. Wilson:Yes. You could ask that they let you know what the determination was; also if you have one that is a problem that people complained about. Staff can bring them back to you,and so we can administratively do this, it's yours. Mr. Thornton:So Dave. Mr. Redmond:Well, I am not sure that I agree with the administrative review, I mean, it doesn't sound like it's really much of a review. I don't think a two-year, I don't think coming back for a conditional use permit in two years is a great burden for anybody, so the two-year administrative review, it doesn't sound like much of a review at all, it sounds like unless something goes wrong, then it's going to get renewed. I just don't think that's good enough very frankly, so and I still am concerned about that Hilltop site. Ms. Thornton:Well, unless something does go wrong, why should they have to come back here? Mr. Inman:I can answer that. We are here because times are changing with regard to retail and all. Times are going keep changing and do we want to have anything to say about something that we could have spent an hour and some time talking about the aesthetics. So if it is an aesthetical concern,that may not be necessary after two years or four years or whatever as we review it going down the road,because with the administrative review, we have nothing further to say about it as long as they comply with the conditions. Mr. Thornton:Back to Barry.When Mike says we have nothing to do about it,if you in your review process find a problem, it sounds like Kay said then you can bring it back. Mr. Inman:And if there are no problems with that then we do not have any right to have anything further to say about it. Mr. Thornton:That's what led to my question, if there are no problems, why do we care? But we must or you think we must, anyway. Ron? Mr. Ripley: I'm the same way, administratively, I don't think I have ever seen administrative review come back here that I can remember that we had placed that in there and there was a violation of that such that it came back. I go back two years ago, in good faith, there was representation that there was going to be an attempt to solve this problem and it really hasn't and I think you might be right I think in a couple of years it might solve itself. I mean in the market may just, you know,be so much more online and less in-store, then it solves some of its problems itself. So I think two years is not unreasonable for everybody to put their heads together and try to find a solution that's better than trailers. I think again if I own that retail shop as Dave mentioned then,what's to prevent me to come here and wanting to have a trailer,everybody can have a trailer. it would be really nice. [Crosstalk] but what you said where you gave Walmart 20 trailers, but then I should have one. Ms. Rucinski:I mean size, need, whether or not they have the space, whether or not it's obtrusive to the eye, all of those things would have to be part of the evaluation. Mr. Ripley:I don't have enough space, I need more retail space. Ms. Kwasny:I think you will have to evaluate each of them individually. I don't think you just blank check all of them because you did a Walmart, I disagree. Mr. Thornton:Well, I postponed the motion and now I am ready for a motion and I think Mike was making. Mr. Inman:I will make a motion as to agenda item number 7, that it be approved with a two-year time limit. Mr. Thornton:We have a motion and I second on 7, ready for the vote. Ms. Cartwright:By recorded vote of 10-0, item number seven, Wal-Mart Real Estate Business Trust,has been approved with conditions as amended. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER ABSENT REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE CONDITIONS 1. The location of the Bulk Storage Yard for the storage containers shall be limited to the area depicted on the proposed site layout on page 5 of this report, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, and shall be subject to all applicable building and fire codes. 2. The storage containers shall not be stacked. 3. The storage containers shall not be placed within any easements. 4. Unless otherwise authorized by the Building Official's Office and the Fire Prevention Bureau, the storage containers shall be located as to maintain a 20-foot wide accessway for vehicular traffic flow and emergency access to the building and HVAC equipment. 5. No hazardous materials shall be stored within the storage containers. 6. Prior to use of the site for the storage, the applicant shall submit a plan to the Planning Department and the Fire Prevention Bureau showing the location of the storage containers for review and approval. 7. The storage containers shall be limited to 20 and are only permitted on site from September 15th to January 15th 8. The existing plant material along the western property line that provides a visual screen of the containers from Newstead Road shall remain and shall be properly maintained so as to provide a continuous screen to the Bulk Storage Yard. 9. This Conditional Use Permit is valid for two years from the date of approval by the City Council. ihi . 4,....3 ,...„------ r------17! 1 la 11"---- ----r----,„._ 7 -...., ----.---- ., --,..._____) lir f ir..7 .. ---.. . . -,... r*ft'------ 4,-,: , i_____... "•. . 0:,,4:1. .. .iliff. 8, __ C-1- .. ..... ... .,. -..,_ . --, _........._____ ..„.. ..._. ------ )---,---?-___•___________41_ 0-110)-6------„ _ -1,--7 0 _, /...... u to [.- 4z#1 1%1 ,...) 1 IA*/ !___, _______ 2 lei i L -.? '. --.,, .,,,./ L7 .7 alb/ I. , ,. ., -76.,' , ...._ ...._-. 7 Lf------ ,,,a4r,: a 04'11;r --_, ,-....„ -----_,,, L---Hi it)„ 0. rt... 1E7 li i „,. _ _•_._. 0 .„. -,...-...__ ---------,__ ----- --- - Pti---. ---._ ''''------__ _,,..,.. 0" -,._. t -- -_,_,...„. ------. - ..., ,..,.„, .,.., ' -....- -.. .. . -..... ...,_____,.....,__ --,_ --- ---., , , -._......._ ...___,--_______ 141). '''''-i C\I . -- -....... / . , . _______ .._._. -______ Ce ! 1/4, ,h,, co • , . ---„, --,... i i r4--.4-__J ? / i it '.-----..i„j ------ ------ ---_______ ------ - 1 • 1 . li 1 graft ' / I - ; 4.• 1 mi r------, 1,,--1 ,_ i, / eta,. I , 1 i_ 1. .Z.' Cj Elj 1 0 - -1 illr. . ._ 0 E----_ ,1 4- Ir..... 3 . i ,... 7..... 1 II •If --, 1 , ___,' ___ / er, z / -___- , c----„, _________ . " ----,, N r--- / : E_j i j -----) , tj, ! I CD if---7-177 ii—; I II l if---1 * EL/ I 164%44111.6%**44.•-...... .......... c 1 ---1 a.1 ------„,./ .. ------:---t 1 ' C--- ,, c ji.--_,--5-,./ ,/ ------ 7' ( vim --j i i 1 I: I --- \ .,1 Ei7j 1 i r, „ , 11 \ , k _ _ 1 , \ 1 } 7F-7 r-filtt- i i 0.i.. 37--Rfift------------. i L_._______,j i ft - 44_444 --- .- I gC__ riirl.-------41- ilkt -'-. ,iM cd jifsi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: RONALD F. GIESIN, JR. [Applicant] DOWNS PROPERTIES, INC. [Property Owner] Conditional Use Permit (Motor Vehicle Rentals) at the property located at 519 North Witchduck Road (GPIN 1467982404), COUNCIL DISTRICT — BAYSIDE. MEETING DATE: August 21, 2018 • Background: The subject 11 ,490 square foot site is zoned B-2 Community Business. Unaware of the need for a Conditional Use Permit for the rental of vehicles, the applicant submitted an "after-the-fact" application. Specifically, the application is a request for a Conditional Use Permit for Motor Vehicle Rentals for up to two trucks. The rental operation will be subordinate to the applicant's primary business on the property, which is a sports cards and memorabilia retail store. Transactions related to the rentals will take place inside of the retail store. • Considerations: The number of parking spaces on the site exceeds the minimum parking requirement by two; therefore, the display of up to two motor vehicles to rent will not impact the ability of both customers and employees to park. A condition is recommended that specifies the location of the two vehicles in order to limit visibility from the rights-of-way. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request. 1. There shall be no signs placed within the windows or the doors of the rental vehicles. There shall be no pennants, banners, streamers, or portable signs placed on the site or on the vehicles. 2. No more than two trucks or trailers for the purpose of renting shall be allowed on the site at any one time. Rental trucks and rental trailers shall be located only in the area on the site that has been designated on the exhibit entitled, "Proposed Site Layout," as depicted on page 5 of this report. Rental trucks and rental trailers Ronald F. Giesin, Jr. Page 2 of 2 shall not be parked in such a way that impedes the internal vehicular circulation on the site. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting De ea ent/Agency: Planning Department i= ta,"615L City Manager. Applicant Ronald F. Giesin, Jr. Agenda Item Property Owner Downs Properties, Inc. Public Hearing July 11, 2018 2 , City Council Election District Bayside Virginia Beach Request 1 i f Conditional Use Permit(Motor Vehicle Rentals) ' .•,J, , Staff Recommendation „- `" ` ” 4. ""'I.° °''' € Approval �,,��"'w,�''4�q , 4yk Staff Planner , 1.°111.10° Jonathan Sanders • Location wh }c " 519 North Witchduck Road wh.'""; # °°� ,, GPIN i 1 f ,., , a 1 1467982404 € ,.T11..,,x,., w.'w, +��� Site Size 11,490 square feet AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District ' Retail /B-2 Community Business it i Surrounding Land Uses and Zoning Districts : ', ` ? 3 ate,? ` T` �.{ North a _ _ �. • Witchduck Court I i�p . ./ ,,4 ' Church /R-7.5 Residential - / 4, IF South a _ St Duplex /B-2 Community Business "a -,*'w' ' •�4 .4. .-7,4„...._,/ •r�1,�`V" I 4..„.._ it East ii_ -.' ' ,14.\‘' �,„, , r s v ; ` ,• ,4 ' N. Witchduck Road s- ! /'4 ? _ Single-family dwellings /R-7.5 Residential r. "y� • r�'' `°� { r }: rgti<nu Gt ., E West ` r -*-;t — 1,j Vacant lot/ B-2 Community Business .. ,W' , ' t•. . h ,•,',,,-ii t -! .+ � .-,`. lofty, XPmai i . ' Ronald F. Giesin, Jr. Agenda Item 2 Page 1 Background and Summary of Proposal • As the applicant was unaware of the need fora Conditional Use Permit for rental of U-Haul vehicles, the Zoning Staff recently cited the applicant for operating a truck and trailer rental operation on the property without the proper permits. As the Zoning Ordinance requires a Conditional Use Permit for this type of activity,the applicant is now requesting a Conditional Use Permit for Motor Vehicle Rentals that is subordinate to the applicant's primary business on the site, which is a sports cards and memorabilia retail shop. • As the number of parking spaces is minimal, the applicant is requesting to offer no more than two box trucks for rental on the site at any one time. As depicted on the proposed site layout, the rental trucks will be parked on the northern side of the building, behind the front facade of the building. • All transactions related to the rental of the trucks and trailers is proposed to take place within the retail store. • Proposed hours of operation are from 12:00 p.m. to 7:00 p.m., Monday through Thursday; 12:00 p.m. to 5:00 p.m., Friday; 10:00 a.m. through 6:00 p.m., Saturday; and 12:00 p.m. to 2:00 p.m. on Sunday. • The number of parking spaces meets the requirements of the Zoning Ordinance for the retail, office and warehouse uses on the site. The 13 parking spaces exceed the minimum requirement of 11,thus providing two spaces for display of box trucks for rent. A-12' // Al2 I uC A-12' ' R_7.5' "`a •, Zoning History Kti "++,• # Request `-40c _ yhd � �• 1 CRZ(R-7.5 to Conditional A-12)Approved 11/25/1997 # • - 2 MOD Approved 02/25/2014 REZ(PDH-2 to P-1)Approved 08/14/2012 B-25 4i1 R-7 5 CRZ(R-7.5 to Conditional A-12)Approved 03/27/2012 3 MOD(Church)03/27/2012 4 r r 4 CUP(Automotive Repair Shop)Approved 05/26/1998 ' 5 CUP(Automotive Repair)Approved 09/25/2007 6 CUP(Religious Use and Daycare)Approved 12/14/2010 A-12' = P - R.7 5 Application Types CUP-Conditional Use Permit MOD-Modification of Conditions or Proffers FVR-FloodplainVariance REZ-Rezoning NON-Nonconforming Use ALT-Alternative Compliance CRZ-Conditional Rezoning STC-Street Closure SVR-Subdivision Variance Evaluation and Recommendation This request for a Conditional Use Permit for Motor Vehicle Rentals to rent up to two trucks and trailers on this site is acceptable. The applicant worked with Staff to reduce the number of trucks and trailers offered for rent in order to meet the parking requirements of the existing uses. Ronald F. Giesin, Jr. Agenda Item 2 Page 2 In Staff's opinion, this use is compatible with the surrounding commercial uses. The number of parking spaces on the site exceeds the minimum parking requirement by two;therefore, the display of up to two motor vehicles to rent will not impact the ability of both customers and employees to park. A condition is recommended that specifies the location of the two vehicles in order to limit visibility from the rights-of-way. For the reasons stated above, Staff recommends approval of this application, subject to the conditions listed below. Recommended Conditions 1. There shall be no signs placed within the windows or the doors of the rental vehicles. There shall be no pennants, banners, streamers, or portable signs placed on the site or on the vehicles. 2. No more than two trucks or trailers for the purpose of renting shall be allowed on the site at any one time. Rental trucks and rental trailers shall be located only in the area on the site that has been designated on the exhibit entitled, "Proposed Site Layout," as depicted on page 5 of this report. Rental trucks and rental trailers shall not be parked in such a way that impedes the internal vehicular circulation on the site. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code,including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There are no known significant natural or cultural resources associated with this predominately impervious site. Ronald F. Giesin, Jr. Agenda Item 2 Page 3 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic North Witchduck Road 16,574 ADT 1 17,300 ADT 1(LOS 4"C") Existing Land Use 2-190 ADT 27,300 ADT 1(LOS4"D") Proposed Land Use 3-190 ADT 1 Avera ge Da i ly Tri ps 2 as defined by 3,000 square 3as defined by 3,000 squarefeet of a 4 LOS=Level of Service feet of a retail building retail building with truck rental sales office Public Utility Impacts Water&Sewer This site is currently connected to both City water and sanitary sewer service. Ronald F. Giesin, Jr. Agenda Item 2 Page 4 Proposed Site Layout - ! 1 OU AcArtSV t t %)6, CI — - (i— z, •cr, tiN II..•wt-r-!' . -'VLs \ '......,-.."' •.t.• ' .-- I Location for rental • ... ".. of two vehicles 11111‘ „. ;,. -... ..) A i i w- a ' "Cr 0 CC . --: U ILD IN G 4 ' .N:i N i • et N , I '-, 0 N. it ''''N 4 I 1' , Vf' U ' t 2., Ronald F. Giesin, Jr. Agenda Item 2 Page 5 Site Photos . :, ' • 4 a •a v.-t i ' r 1rb , g ` .fit--1=_�' =.--_ 3. 47=4. ,,,t- _. _... . , _. _...,. ,, _ __ .,4. .,_ a "Wr Ir... . ....,:., --- 2 ttt, Urs S x ' R " _ s, Ronald F. Giesin, Jr. Agenda Item 2 Page 6 Disclosure Statement Virginia Beach APPLICANT'S NAME Ronald F. Giesin, Jr. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exce•tion for (EDIP) Board of Zoning Encroachment Request Rezoning A..eals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • s SECTION 1 / APPLICANT DISCLOSURE Page 1 of 7 01 AL'PLICANI NC HE; Ll NO(LLANC ES<, 46 $/201'11 J5 Jonathan Sanders RrVISIONS CUP,MITTrr1 j Ronald F. Giesin, Jr. Agenda Item 2 Page 7 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. HCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary .' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes.' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here If the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. `i Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:Downs Properties, Inc. If an LLC, list the member's names: Page 2 of 7 Ronald F. Giesin, Jr. Agenda Item 2 Page 8 Disclosure Statement 1113 Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) See attached (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act.Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means -a relationship, other than parent-subsidiary relationship. that exists when (i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act. Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Ronald F. Giesin, Jr. Agenda Item 2 Page 9 Disclosure Statement 4\i/B APPLICANT Virginia Beach YES NO L SERVICE PROVIDER(use additional sheets if needed) ▪ XI Accounting and/or preparer of your tax return ▪ ix Architect/ Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed C ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors • IEngineers/Surveyors/Agents Financing (include current 0 mmortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / Agents/Realtors for current and f'` anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Ronald F. Giesin, Jr. Agenda Item 2 Page 10 Disclosure Statement NB Vireinia Beach CERTIFICATION: certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this Application. AJPPP' _ Ronald F.Giesin Jr 3/30/18 APPUCAers r TUBE PRINT NAME DATE Page 5 of 7 Ronald F. Giesin, Jr. Agenda Item 2 Page 11 Disclosure Statement OWNER Virg:ni. Be:t(ii YES NO SERVICE PROVIDER(use additional sheets if needed) EJ Accounting and/or preparer of James Gulick your tax return 1-1 '=, Architect/Landscape Architect/ Land Planner ® Contract Purchaser(if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed El ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors Engineers/Surveyors/Agents Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) XLegal Services John O'Keefe,Ill Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Ronald F. Giesin, Jr. Agenda Item 2 Page 12 Disclosure Statement \A3 Virginia Beach CERTIFICATION: I certify that all of the Information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Appl'cation. 44-Liba-1 L71/4.4 .1 'z t-) PROPERTY OWNERS SIGNATURE PRINT NAME DATE Page 7 of 7 Ronald F. Giesin, Jr. Agenda Item 2 Page 13 Disclosure Statement DOWNS PROPERTIES,INC. 505A,NORTH WITCHDUCK RD. VIRGINIA BEACH,VA.23462 April 5, 2018 TO WHOME IT MAY CONCERN: Officers: Donald W.Downs,President and Treasurer Elizabeth C.Downs,Secretary Board of Directors and Stock Holders Donald W.Downs Elizabeth C.Downs Gattress Andrew Downs,Jr. Lane P.Downs. Donald Downs is the Trustee for The Matthew Lee Kukrall Revocable Living Trust,which owns Stock in The Corporation. t7 ld/^ � c U 7✓ . Donald W.Downs,President Ronald F. Giesin, Jr. Agenda Item 2 Page 14 Item#2 Ronald F.Giesin,Jr. Conditional Use Permit 519 N.Witchduck Road District-BAYSIDE July 11,2018 CONSENT Ms. Whitbeck: The next item is item number two, and that is an application for Ronald F. Giesin, Junior and that's an application for a Conditional Use Permit for Motor Vehicle Rentals on property located at 519 North Witchduck Road, District Bayside. Can you please state your name for the record? Ms. Whitbeck: I am speaking for Ronald Giesin, that's my husband. My name is Bridgette Whitbeck. Ms. Rucinski: Okay and are the conditions acceptable? Ms. Whitbeck: Yes ma'am. Ms. Rucinski: Okay, thank you. You may be seated. Okay, the chair has asked Commissioner Dave Redmond to read that into the record. Mr. Redmond: Mr. Chairman this is an application for a Conditional Use Permit for Motor Vehicle Rentals. In this case specifically, U-Haul vehicles, the applicant who has actually been renting these vehicles on the site was unaware he needed a Conditional Use Permit. It was discovered and now he has gone through this process. He has 13 parking spaces on the site, which is two more than required under the code and as a result is going to rent two vehicles, U-Haul vehicles from this site, and still be within the code as you can see from the graphic will be placed behind the building. The site is appropriate to this use,has operated before without incident. There is no opposition of which we are aware and the Planning Commission grants it by consent. Thank you Mr. Chairman. Mr. Thornton: Thank you. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER ABSENT 1 REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE Ms. Cartwright: By recorded vote of 10-0, the items number one, two, three, five, six, eleven, thirteen, fifteen, and eighteen have been approved by consent with commissioner Hodgson abstaining from item number 15. CONDITIONS 1. There shall be no signs placed within the windows or the doors of the rental vehicles. There shall be no pennants,banners, streamers, or portable signs placed on the site or on the vehicles. 2. No more than two trucks or trailers for the purpose of renting shall be allowed on the site at any one time. Rental trucks and rental trailers shall be located only in the area on the site that has been designated on the exhibit entitled, "Proposed Site Layout," as depicted on page 5 of this report. Rental trucks and rental trailers shall not be parked in such a way that impedes the internal vehicular circulation on the site. 2 k 1 1 1 , - ., " riftr,...e0!", vAet -v ,...,- . • 1„,,....t '.. , :-.:,\I S \ --•,-S ..-', \ \ ...., \ \,- .\.i, \ , \ , .., , . _.. .„...........,,,,_ - :s . ,,. \ , . -•si'.),,, -,::-...„ - , C i i , ' •----q r-tr-ii, t 1 It 1, rn I ,. 1 --j 1 ) it ) li cil I ' . • , • , - - - ,i C C 1 1 .44, I 1 i'l __.----c, y ,''''. • k „ , ri i I M CS\ \\ ,,\S 1111 ' LS rj t• 1 • 1 i ml I 1 i N c-------A.--r il Fr 11 _1 li i .i IIM s. , \\ \\ 1 , 1,? i . 0 LT= C .\_ ,\ ,, , ,, ', \\ '`, \, ''., oci ._.,,j , D , §1/1-1 Arrli „ , , , ,,, , , „, ,, , „ ,„ ,, „ \ \\ „ \\ , _____,- Eng! ci 0 ,.\ \ \A ik , \.\\ \-- t ' \\,, stiO, \ ---1---1--i------\\ '.'s ',, . --1 EFJD 1 Mira 4 I IP * , v , __-r4"---- ) V\ Cok, 1:'5, 5, 0 (Ai. 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MEETING DATE: August 21, 2018 • Background: The subject 1 .97-acre site is zoned B-2 Community Business District. The applicant proposes to develop the property with a one-bay automatic car wash, an auto detail and repair building, and 26 vacuums for use by customers. As required by the Zoning Ordinance, the applicant is requesting a Conditional Use Permit for both a Car Wash and for an Automobile Repair Establishment for these uses. The applicant intends to pursue a variance from the Board of Zoning Appeals for the proposed monument sign within the 20-foot wide Laskin Road frontage. The Zoning Ordinance requires at least 100 feet of frontage along a right-of-way for the installation a freestanding sign. A second freestanding sign is proposed to be installed as a matter of right along Regency Drive. • Considerations: The subject site is located in the Hilltop Strategic Growth Area (SGA). The proposed uses are not consistent with the vision of the Hilltop SGA Plan; however, the market has not yet supported uses that the Plan recommends. The potential use of the property is somewhat constrained due its location in the APZ 1 & 2 as well as the highest noise zone of greater than 75 dB Ldn. The proposed uses are identified in Section 1800 of the Zoning Ordinance as compatible with Naval flight operations. As the site is adjacent to residential dwellings, several of the conditions are designed to ensure compatibility with the neighborhood, specifically with regard to the hours of operation, the protection of the existing buffer, the details of lighting, and the hours of trash removal. Rather than eliminating the six proposed parking spaces with cash vacuums along Regency Drive as suggested by Staff, the Planning Commission recommends that these spaces be angled, thereby providing additional area for streetscape plantings. This modification is reflected in Condition 1 as indicated below and on the revised plan depicted in the updated Staff report. Lynnhaven Area Properties, LLC Page 2 of 3 Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. ■ Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request. 1. When the site is developed, it shall be in substantial conformance with the site layout entitled "CONCEPTUAL SITE LAYOUT & LANDSCAPE PLAN OF HILLTOP CAR WASH, REGENCY DRIVE, VIRGINIA BEACH, VA," dated June 19 July 12, 2018, prepared by MSA, P.C., - -- - --e e - e -- _ _ _ -- parking spaces and cash vacuums along Regency Drive which shall be replaced Regency Drive. 2. When the site is developed, both buildings shall have the architectural style, colors and materials with the rendering entitled "LASKIN ROAD CAR WASH, REGENCY DRIVE AT LASKIN ROAD, VIRGINIA BEACH, VA," dated May 10, 2018, prepared by ionic dezign studios. 3. The hours of operation of the automated car wash, vacuums and auto detailing and repair building shall be limited to between 7:00 a.m. and 9:00 p.m. daily. 4. There shall be no tipping of the dumpster between the hours of 9:00 p.m. and 7:00 a.m. daily. 5. If at any time the existing landscaping in the rear of the site is removed or dies, the applicant shall replace it with a Category IV landscape buffer with plant material as recommended in the Virginia Beach Landscape Guide. 6. The canopy above the vacuums shall be a neutral or earth tone color with the exception of the trim or support structure. 7. The hoses for the vacuum system shall be black in color. 8. A photometric plan (i.e. lighting plan) for the Property shall be submitted for review and approval with the Site Plan and the outdoor lighting fixtures shall be coordinated as to style, material and color. All lighting fixtures shall be equipped with automatic photocell on/off and include programmable dimming to dim the lumen output to 50% (or less). The programmable/automatic dimming must be to the manufacturer's standards and, at a minimum, reduce the lumen output by 50%. The lighting fixtures on the Property shall be dimmed by 50% each day at 9:30 p.m. If approved by the Virginia Beach Police Department, light fixtures within 100 feet of a residential property shall be turned off daily at 10:00 p.m. Lynnhaven Area Properties, LLC Page 3of3 9. All light poles shall be no taller than 14 feet in height. 10.A11 light fixtures shall be shielded and angled away from the adjacent residential uses. 11.No outside storage of equipment, parts, tires, merchandise, or materials shall be permitted on the site. 12.Only light vehicle repair work such as lighting, brakes and fluid replacement shall take place on site. There shall be no engine repair, paint booth, or body work taking place on the site. 13.All vehicle repair shall take place within the building. 14.There shall be no pennants, streamers, air dancers or banners displayed on the site. 15.With the exception of removal by the City of Virginia Beach or their appointed agent for maintenance, the existing vegetation along the property's northern and eastern boundary shall not be removed. 16.Any freestanding sign on the site shall be monument style, no taller than eight feet and have a brick base. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting De• .rt - -t/Agency: Planning Departme cole ' c 14_ City Manager: t`��� Applicant & Property Owner Lynnhaven Area Properties, LLC Agenda Item Public Hearing July 11, 2018 City Council Election District Beach 4 ,/ Virginia Beach Request Conditional Use Permit(Car Wash & Automobile Repair Establishment) _ _, t w.ti.a..N... 4. 1 p 1 w�°"` Staff Recommendation "�� '� x �,.. ap, 51 Approval a Ci"fr 04,.,. a a 5., S 7 Y ■x."1.... .6 Staff Planner ' Jimmy McNamara 3 u.,-,""'' S A2V; `" d Location s , Near the northwest corner of Laskin Road& "P:: ' < 1 ; i ''t Regency Drive t 2, N nuns,.wt , 11 G P I N +P: ., „�.;*. -. 1.=. g_ ..' _ ; 2407485295 : y 1 i Site Size O"°'"""" :Vt• C. 1.97 Acres i ilAkc Ma'T•~ • AICUZ Greater than 75 dB DNL; APZ 1 & APZ 2 Watershed Chesapeake Bay u Existing Land Use and Zoning District Ii 1 Lo" �oI' g-' . Undeveloped /B-2 Community Business o •: ` .f _•� .. .. ,,- �, Kar � '"e.,17147:7-.- Surrounding Land Uses and Zoning Districts r' , M* r7 ° , North 4 - 2"'n + Lex Multi-family dwellings /A-18 Apartmentbe. ' . South `;".1...,4. „' i -7. II * . Laskin Road r„. .1. K ,,. Gas station /B-2 Community Business .' , '``',.)\y' , + x East '' '` ': Single Family, duplex /R-7.5 Residential .. A 'y. West ; ` , „ 4: 4` 44-.f i, Regency Drive ' ; ,. ; Mixed retail /B-2 Community Business „ ., ?� ,':..r '' Lynnhaven Area Properties, LLC Agenda Item 4 Page 1 • Background and Summary of Proposal • The applicant proposes to develop the 1.97-acre site with a one-bay automatic car wash and an auto detail and maintenance facility. • The site layout depicts a 3,840 square-foot car wash located in the rear of the site and a 1,980 square-foot auto detail and maintenance facility located along the northern property line. Along with the detailing aspect of the operation, the applicant intends to offer other minor repair activities, thus a Conditional Use Permit for both a Car Wash and an Automobile Repair Establishment is requested. • The site layout depicts two points of ingress/egress along Regency Drive. The southern access point will be a shared ingress/egress with the existing service station. • A total of 36 parking spaces is depicted on the plan. These parking spaces are comprised of 20 covered spaces with express vacuums, 10 spaces adjacent to the auto detail facility, and six spaces along Regency Drive with cash vacuums. For aesthetic reasons, Staff recommends the elimination of the highly visible cash vacuums and parking spaces immediately adjacent to Regency Drive. The Zoning Ordinance requires only six parking spaces for the uses proposed on the site. • As the site currently has a mature mix of trees and shrubs along the rear of the site adjacent to an existing residential neighborhood, the applicant proposes to retain this plant material to meet the Category IV landscape buffer requirement. However, as much of the growth exists within a 30-foot drainage and utility easement, the possibility of the removal of that plant material does exist, and as such, Staff has recommended a condition that if at any time the plant material is removed, the applicant shall be responsible for planting the required Category IV landscape buffer. • The concept plan depicts the required street frontage, foundation, and parking lot interior landscaping. Although the street frontage landscaping is depicted within a Virginia Electric & Power Company Easement, there are no overhead wires at this location and the proposed landscaping is can be placed within the easement. • The building is designed with EIFS, split-face block,glass and metal as the primary exterior building materials with decorative blue awning accents. • A monument sign is depicted on the site layout along a 20-foot wide portion of the property that is adjacent to Laskin Road. Section 905 (b) of the Zoning Ordinances requires at least 100 feet of frontage in order to install a freestanding sign. The applicant has been informed that a Board of Zoning Appeals Variance will be required in order to place a freestanding sign at this location. • A dumpster is proposed on the rear of the site. As the site is adjacent to residential dwellings, a condition is recommended that limits the hours that the dumpster may be tipped to between the hours of 7:00 a.m. and 9:00 p.m. Lynnhaven Area Properties, LLC Agenda Item 4 Page 2 A-18 _ `737:71 6-2 -R4.5 R Vis',- - Zoning History A_18 a-1E I # Request 0 • , -7 5 1 CUP(Motor Vehicle Repair)Approved 03/17/2015 2 CUP(Motor Vehicle Sales&Service)Approved �//�/ R 7.3'- � " B-2 • 06/08/1999 � 9 -.e . �- 3 CUP(Motor Vehicle Sales)Approved 04/12/2000 I'��i`®� 4 CUP(Motor Vehicle Sales)Approved 08/13/1997 ONL y' Q 5 MOD Approved 01/11/2005 • �S*MR,ad B-2 V 6 CUP(Motor Vehicle Rental)Approved 06/10/2015 7 CUP(Mini-Storage)Approved 12/18/2002 4 B,2'' 1 7 8 CUP(Fuel Sales&Convenience Store)Approved _ 05/12/2002 ari Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—FloodplainVariance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation The subject site is located in the Hilltop Strategic Growth Area (SGA) and the requested use of a Car Wash and an Automobile Repair Establishment is not consistent with the recommended uses of the Hilltop SGA Plan; however, Staff is aware that the market may not be ready to support the uses that the Plan recommends. The potential use of the property is somewhat constrained due its location in the APZ 1& 2 as well as the highest noise zone of greater than 75 dB Ldn. The proposed uses are identified in Section 1800 of the Zoning Ordinance as compatible with navy flight operations. The proposed site layout depicts a 13-foot wide landscape buffer, and six parking spaces with cash vacuums directly along the right-of-way. Staff recommends a condition that these parking spaces be removed and replaced with additional landscaping to further assist in the screening of this use and aid with aesthetics of the site, as Regency Drive serves as the main entrance into the Regency neighborhood. While other similar automobile-centric uses exist in the immediate area along Regency Drive, including an existing oil change facility and the adjacent automobile service station; these uses are located at the busy Laskin Road/Regency Drive intersection. Subject to the conditions, which are designed to address compatibility issues with surrounding uses and ensure high quality aesthetics, Staff recommends approval. Recommended Conditions 1. When the site is developed, it shall be in substantial conformance with the site layout entitled "CONCEPTUAL SITE LAYOUT& LANDSCAPE PLAN OF HILLTOP CAR WASH, REGENCY DRIVE,VIRGINIA BEACH, VA," dated June 19 July 12, 2018, prepared by MSA, P.C.,with the exception of the removal of the six parking spaces and cash vacuums along Regency Drive which shall be replaced with a second row of landscaping similar to the strectscape depicted along Regency Drive. Lynnhaven Area Properties, LLC Agenda Item 4 Page 3 2. When the site is developed, both buildings shall have the architectural style, colors and materials with the rendering entitled "LASKIN ROAD CAR WASH, REGENCY DRIVE AT LASKIN ROAD,VIRGINIA BEACH, VA," dated May 10, 2018, prepared by ionic dezign studios. 3. The hours of operation of the automated car wash, vacuums and auto detailing and repair building shall be limited to between 7:00 a.m. and 9:00 p.m. daily. 4. There shall be no tipping of the dumpster between the hours of 9:00 p.m. and 7:00 a.m.daily. 5. If at any time the existing landscaping in the rear of the site is removed or dies,the applicant shall replace it with a Category IV landscape buffer with plant material as recommended in the Virginia Beach Landscape Guide. 6. The canopy above the vacuums shall be a neutral or earth tone color with the exception of the trim or support structure. 7. The hoses for the vacuum system shall be black in color. 8. A photometric plan (i.e. lighting plan) for the Property shall be submitted for review and approval with the Site Plan and the outdoor lighting fixtures shall be coordinated as to style, material and color. All lighting fixtures shall be equipped with automatic photocell on/off and include programmable dimming to dim the lumen output to 50% (or less). The programmable/automatic dimming must be to the manufacturer's standards and, at a minimum, reduce the lumen output by 50%. The lighting fixtures on the Property shall be dimmed by 50% each day at 9:30 p.m. If approved by the Virginia Beach Police Department, light fixtures within 100 feet of a residential property shall be turned off daily at 10:00 p.m. 9. All light poles shall be no taller than 14 feet in height. 10. All light fixtures shall be shielded and angled away from the adjacent residential uses. 11. No outside storage of equipment, parts, tires, merchandise, or materials shall be permitted on the site. 12. Only light vehicle repair work such as lighting, brakes and fluid replacement shall take place on site. There shall be no engine repair, paint booth, or body work taking place on the site. 13. All vehicle repair shall take place within the building. 14. There shall be no pennants, streamers, air dancers or banners displayed on the site. 15. With the exception of removal by the City of Virginia Beach or their appointed agent for maintenance, the existing vegetation along the property's northern and eastern boundary shall not be removed. 16. Any freestanding sign on the site shall be monument style, no taller than eight feet and have a brick base. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code,including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Lynnhaven Area Properties, LLC Agenda Item 4 Page 4 Comprehensive Plan Recommendations This property is located in the Hilltop Strategic Growth Area, as identified by the Comprehensive Plan and the Hilltop SGA Master Plan. The SGA Plan recommends non-residential mixed-use development for this site, with uses that are deemed compatible with the AICUZ designation. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There do not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Regency Drive 10,450 ADT' 9,900 ADT i(LOS a"D ) 2— 11,100 ADT (LOS E ) Existing Land Use 1,095 ADT Laskin Road 29,621 ADT 1 27,300 ADT'(LOS 4"D") Proposed Land Use 3-743 ADT 31,700 ADT 1(LOS°"E") _ 'Average Daily Trips 'as defined by 1.99 acres of 3 as defined by 5,820 square-foot 4 LOS=Level of Service B-2 zoned property automated car wash and detail center Master Transportation Plan(MTP) and Capital Improvement Program (CIP) There is a roadway CIP project slated for this area. Laskin Road—Phase I-B(CIP 2-156) is for the construction of an eight- lane divided highway in a 160-foot right-of-way from Republic Road to Winwood Drive and a six-lane divided highway in a 150-foot right-of-way from Winwood Drive to Oriole Drive with multi-use path and sidewalk. These limits include the intersections at First Colonial Road and at Birdneck Road. Right-of-way acquisition is complete; however, construction will be delayed beyond 2019 due to construction funding. Public Utility Impacts Water The site must connect to City water. There is an existing 16-inch City water main and a 36-inch City water transmission main along Laskin Road and a 10-inch City water main along Regency Drive. Sewer The site must connect to City sanitary sewer. There is an existing 10-inch City sanitary sewer gravity main and a 42-inch HRSD sanitary sewer force main along Laskin Road and an eight-inch City sanitary sewer gravity main and an eight-inch City sanitary sewer force main along Regency Drive. Pump Station #260, the receiving pump station for this site, has capacity issues and may require system modification. An engineering hydraulic analysis of Pump Station #260 and the sanitary sewer collection system may be required to ensure the sanitary sewer flow proposed from this use can be accommodated. Lynnhaven Area Properties, LLC Agenda Item 4 Page 5 Proposed Site Layout Al tp4 1: 1 , ::" ill 447711%;141:47 . ,"trfi -i-t--4-t;.:;::; /=/'.../•,/i//, 11i.l. I:.::.- qi":I0 kzil_Wil i;agOipg ,! Lt!i UC11'4I.r1.i-111i1. a'jPi*ri.l.A.ql:ili'Pg .1 - , d 4, ii! " 11 lith ki i ! i 11 :it i ., 11 irt .4 I, +. r $ I 42 ) r. 1- ; 4;0 ,--- ------- I • ' c Fig ,....iii111 1 1 Itlii -----k... V /_ 0,40•-, 001 , 9 Nip:t1 \ > ( ldr i Aili t II • `2 , di ,ell \ l'''. I •øØI i i 1 0 04 0.F'•- t 1 ii i 1,1161 1 --1-- 1 P ‘00 ArptiOkt (Yo' 110 gig fLakaF1 -,_ Itt,n limy ju a) VI a iv igir c, 0 . + i f. 4 ILL-lia, ,-;-$ 0 , 1 I 00 ' 1' • I Tr .il !=-1- • Pk ill i Il Alk_ 1 we, I in ii , iipip OPP.iff - - g . It IlLb . 7 4iglti / 0 00h7 , 4ri, it vi. i it it , -- - 4 le 4%OW / , E kn / j WF. 4F1) S - - -- 1'I I b•.!rl i Id •': '.(‘ -I li 0 Ws '',/7 1 1 : 45' :1-.) \ , '- tl < c j , P V a_ gi 11 11,11 si - i r , Al P. 1 ao --a e. ii qf 11 i 1 i Jp ! Y I 61 _i 0 A 1 411 12.t li / I i I VI> Oaf! Ait ai hi i Lynnhaven Area Properties, LLC Agenda Item 4 Page 6 • - - . - - Proposed Renderings • • A 3. I� k .4 !I� 1 1 • fa fd Lynnhaven Area Properties, LLC Agenda Item 4 Page 7 Proposed Renderings N, 4* ■ s 1 A(ash ''. . S IMP , :. , r 4 . . it _ --...-. r, • L it i `r w w - ��'41 it i 1 'y - .y -cam , ,,,111nnn - - •I' Lynnhaven Area Properties, LLC Agenda Item 4 Page 8 Site Photos orf r.: : �yM ,� ♦� .R ya,SIV' { aL • *aC'� Y a - yy L t�R a4 } t • • 4.01' it 41110— .74 • • } • • Lynnhaven Area Properties, LLC Agenda Item 4 Page 9 Disclosure Statement xso..4,„ Virginia Beach APPLICANT'S NAME Lynnhaven Area Properties LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City _ Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special , Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness _ Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 The disclosure contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of Interest under Virginia law, SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two{2;weeks orio-to ary Page 1 of 7 Plannin Commission and City Council meetin.. that pertains to the app.i:aticrt(s}, APPLICANT NOTIFIED OF HEARING DATE: T 17 NO CHANGES AS OF . / DATE: L �li _ Carol A.K Smith REVISIONS SUBMITTED . CAl E: Lynnhaven Area Properties, LLC Agenda Item 4 Page 10 Disclosure Statement Itfi3 Virginia Beach E Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. Xx Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Lynnhaven Area Properties LLC If an LLC,list all member's names- Cheryl McLeskey Willie Wilcox If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) see attached See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only If property owner is different from Applicant. n Check here if the PROPERTY OWNER 1S NOT a corporation, partnership,firm, business, or other unincorporated organization. O Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name:Lynnhaven Area Pr perties LLC_ If an LLC, list the member's names:Cheryl McLeskey,Willie Wilcox Page 2 of 7 Lynnhaven Area Properties, LLC Agenda Item 4 Page 11 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) see attached -Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation," See State and Local Government Conflict of Interests Act,Va Code§2.2-3101. 2 "Affiliated business entity relationship' means "a relationship, other than parent-subsidiary relationship, that exists when (i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or (Iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis: or there is otherwise a close working relationship between the entitles." See State and Local Government Conflict of Interests Act, Va Code§ 2.2-3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or t0 be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: If THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY bac e 3 of 7 Lynnhaven Area Properties, LLC Agenda Item 4 Page 12 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE i PROVIDER one additional sheets if needed) --- n 0 Accounting and/or preparer of Dixon Hughes Goodman I I your tax return • D Architect/Landscape Architect/ MSA PC Land Planner Ionic DeZign Contract Purchaser(if other than F-1 the Applicant)-identify purchaser and purchaser's service providers 1 Any other pending or proposed F(l I purchaser of the subject property It^^ �i (identify purchaser(s)and purchaser's service providers) n ❑X Construction Contractors ® El Engineers/Surveyors/Agents USA PC Financing(include current El a mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) DD LegalServices Real Estate Brokers / 0 Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ Ix an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Lynnhaven Area Properties, LLC Agenda Item 4 Page 13 Disclosure Statement Gryd Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA `meeting, or meeting of any public body or committee in connection with this Application. APPLICANT'S SI Att16. PRINT NAME DATE Page 5of ; Lynnhaven Area Properties, LLC Agenda Item 4 Page 14 Item#4 Lynnhaven Area Properties, LLC Conditional Use Permit Northwest corner of Laskin Road and Regency Drive District- Beach July 11,2018 APPROVED Ms.Cartwright:Alright,the first item here is item number four-Lynnhaven Area Properties LLC. This is an application for Conditional Use Permit, Car Wash, Automobile Repair Establishment on property located here in corner of Laskin Road and Regency Drive. This is in the Beach District. If you could please state your name for the record. Mr. Miller: Yes Bob Miller with MSA and thank you again Chairman Thornton and members of the Commission. I think everything is in order except the cash vacuums that we had talked about and was recommended by Staff to be removed from the front. You can have them on the property but not be able to have them on Regency Drive and I just wanted to note a couple of things. Obviously looking at the architecture of what we are doing, we are doing a high quality facility. That's one of the pictures.There is an updated picture which is this one from the left and then one on the right also. So we are really making an area, that perhaps without disrespect to the other facilities into the area, could use little upgrades. So I took a time to roll around with my wonderful telephone camera and take a few pictures, and what you are going to see from those is that the property that we are on has a large stand of trees between the us and the adjacent neighborhoods. One of which is an apartment complex and the other single family. There is a ditch in there inside that stand of trees but its well inside the stand of trees. We are not going to take down the trees, so we are going to leave all of them. They are natural and that's kind of the backdrop of the first two pictures. I did accidentally,but on purpose maybe sketch the circle K air machine which sits up next to the road. I just wanted to again just say that what we are doing is providing a top quality facility in that area that's going to really make a nice statement for the community and for our owners the McKleskys and be able to have this facility where it is without dealing with the trees now. This is the tree, this is actually where my surveyors picked it up. That's actually the limits of the trees, so that physical body of the tree is back in that land little bit but I don't want to, we are trying to stay out of it altogether and that's why we positioned it where we did. These are the cash vacuums and obviously as you go through the carwash, you come out, you go in to vacuum your vehicle here. There are 20 vacuum facilities here, 20. Not to over emphasize but obviously they are there for the operation of the facility and they give the convenience to the people that are using our car wash to be able to get to a place to vacuum. So we are putting six cash vacuums in front of it and we are 13-feet off the right-of-way. I have talked to Staff about that. They already know what I am going to say and that is I have got 20 vacuums there and you are telling me that these six vacuums somehow or another are really intrusive. No disrespect but I don't think I agree with that and we can provide a little more room in here. I can slant these at 45 degrees, give up more green space if you would like to have some more green space. Some of the pictures are also of again the Kangaroo and the lack of any landscapin. It's been there for long time, and I am not trying to say that I have to go back and plant a landscaping and then also the oil change facility 1 that was just built on the other side and there is landscaping there. So we understand that we should provide some landscaping,but we were really like to have these cash vacuums here. They will be shut down at the same time everything else is, so it's not a case that these going to be opened 24/7, and somebody is going to roll in there at 2 o'clock in the morning to back in the car. They may roll in but they are not going to be able to back in the car. I am not going to prevent them from driving through there and then again we are in conformers with everything else that you have asked for. This is a one particular item that we would like to have some flexibility being able to put these out here again. We will add some landscaping if that's, we will have landscaping obviously that conforms with the site plan ordinance. Also we will have an air facility, a place to get air for the tires and so forth and where that goes will make sure that's on the site somewhere that is not intrusive but that's my presentation and asking your consideration for letting us keep the cash vacuums up here. Even in the realignment, I have got 13-feet, I can probably give 15, 18- feet Staff says, they want 30-feet and I am not sure. I think, I still like for you all will be able to see the building after we put the landscaping up because it really is a beautiful building and that's I will be happy to answer any questions and discuss this. Mr. Thornton: A ny questions for Mr. Miller? Jan? Ms. Rucinski: I just want to make sure that I understand, so I think sitting around the table earlier this morning, I think a lot of our concern was people being able to go any time and use the cash vacuums, so they will be operational when the facility is open. Mr. Miller: They will also be stopped from operations once the facility is shut down at night. Ms. Rucinski: Okay that was my big concern, thank you. Mr. Miller: And won't open till the next morning. Mr. Ripley: They cannot understand where these, the ones you are asking about are, can you point to that with your pointer. Mr. Miller:These 6 right here. Mr. Thornton: Other questions, Dave. Mr. Redmond: If you do slant them, how much more room you would give to put more landscaping in. I guess here is my big concern --the car washing in the Independence Boulevard, across Mount Trashmore. It's my first year doing this and I didn't realize what we could do and some people said that's really, when you drive by there and how you see there are big wires just sticking out, it's not very presentable,just want to just to clean it up this little bit, so you don't see all those big wires,they can come out from the other vacuums. Mr. Miller: So these actually will, in our rendering, the architecture, the architect shows them as having the same group of circle there, they do not have them. He doesn't know that. Mr. Redmond: What we are thinking about is, the front landscaping will block the back ones a little bit. If we can get little bit more front landscaping by those vacuums. Mr. Miller: I am happy to cooperate with some amount, I obviously again, I don't want to prevent people from being able to see the building, as you know, we are going to go to the BZA to try to get the sign out on Laskin and there is a signal at that Regency where it hits Laskin and you can probably imagine that we sit up, it sits up the, the road sits up pretty high there, you can 2 see the building, but I do think that you know we will add landscaping here, but I don't want to imply that, it's going to totally block as if to say you won't be able to see the building, but I will, and how much could I increase it, 3-5 feet somewhere in there. Mr. Hodgson :I think two of my concerns were taken away, one was to how you can control this but you are saying, it is going to be shut off at 9 o'clock that's gone. What you just told Dave, I didn't realize that the overhead hoses were going to be gone so that's going to take away a lot, you want to put a little more landscaping in front of those to shield on more, pretty much took away my concerns there, so you answered all my questions, thank you. Mr. Thornton: Jack. Mr. Wall: What about, you have got 20 vacuums associated with the building, could six of those be paved? Mr. Miller: They could but what if you look at traffic pattern, that would mean that they either we have to re-arrange things so that people will be able to go into that area and drive through their setup for the people to go through the car wash right and so we our customers as each of us knows how long does it take the vacuum if you vacuum my car, it's probably not too long, if you vacuum my wife's car, it may took a long. No disrespect to the ladies,my son's car too, let's go over there okay. So I don't know how long we are just kind of, this is based on a model that comes from my manufacturer or supplier, they tells us this is how many we need. Okay. Mr. Thornton: Other questions. Karen. Ms. Kwasny: So I follow Jeff s thinking in that, they will be shut down at night, you take off the hoses, both of those are amenities to the project, how many fee can you give us to add additional landscaping when you change that design to vertical that's what you said, you are going to put them on like an angle [Crosstalk]. Mr. Miller: Those spaces, we are using as one-way aisle, we can put them at 45 or 60 degrees which will obviously, they are still be just as deep at 13-feet, but I can probably give you 3 more feet there easily, 2 or 3 more feet with that point and [Crosstalk]. Ms. Kwasny: So I am just asking which one do you think you can probably give me? Mr. Thornton: Are you doing a math on that Bob? Mr. Miller: I am not doing the math. Ms. Kwasny: I want a figure instead of 2-3 or 3-5, which one are we going to get? Mr. Miller: When you do the angle, I green all this area. Ms. Kwasny: You are just not sure what that is yet? Mr. Miller: I t could be as much as 4 or 5 feet that I will have, this is a 9-foot dimension so if Jack would do the calculations for the triangle since I am not allowed to do, but seriously it will be, there is a significant area that we will have to be able to add a landscaping in that area if I turn these with an angle. Ms. Kwasny: Okay, will that affect the people being able to back out and go? 3 Mr. Miller: No, it's one-way drive out. We are trying not to have that two-way traffic, it really is. Mr. Redmond: Actually makes it easier I think, for people to know which way to back out and go. Ms. Kwasny: I think so too. Mr. Miller: We angled the others as you see, they are in 60 degrees. Ms. Kwasny: I like that. Mr. Miller: So you will be using this car wash right? Mr. Thornton: The question I have Bob is space is up against the building, they are also vacuum spaces? Mr. Miller: That's right, yes sir. Mr. Thornton: Okay, any other questions for Bob? Okay thank you, with that we will close the public hearing and receive comments from a member of the commission. Anybody Jeff, Mike? Mr. Inman: I just back what Jeff said since he is already said it, I don't want to make him say it again but you know I think that the applicant has given us what we were really looking for in terms of aesthetics and I think it's a good application. Mr. Thornton: Jack? Mr. Wall: I mean I think it's an aesthetically nice building but you know I still am in favor of not having the six spaces upfront. I mean that's just my position. Mr. Thornton: Okay Jeff Hodgson. Mr. Hodgson: I will make a motion to approve Agenda item number four includes the discussion we just had about him working the six spaces, said that they are angled at an either 45 or 60 degree angle and the shutting off of the pumps at 9 o'clock or the vacuum at 9 o'clock and what was the other one? Additional landscaping right in front. Yes, I would like this to have that written into the condition. Mr. Thornton: And we have a second, correct. Ready to vote, vote is open. AYE 10 NAY 1 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER ABSENT REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL NAY 4 WEINER AYE Ms. Cartwright: By the recorded vote of 9-1, item number four Lynnhaven Area Properties LLC has been approved with conditions as amended CONDITIONS 1. When the site is developed, it shall be in substantial conformance with the site layout entitled "CONCEPTUAL SITE LAYOUT& LANDSCAPE PLAN OF HILLTOP CAR WASH, REGENCY DRIVE, VIRGINIA BEACH, VA," dated June 19 July 12, 2018, prepared by MSA, - ' - _ streetscape depicted along Regency Drive. 2. When the site is developed, both buildings shall have the architectural style, colors and materials with the rendering entitled"LASKIN ROAD CAR WASH, REGENCY DRIVE AT LASKIN ROAD, VIRGINIA BEACH, VA," dated May 10, 2018, prepared by ionic dezign studios. 3. The hours of operation of the automated car wash, vacuums and auto detailing and repair building shall be limited to between 7:00 a.m. and 9:00 p.m. daily. 4. There shall be no tipping of the dumpster between the hours of 9:00 p.m. and 7:00 a.m. daily. 5. If at any time the existing landscaping in the rear of the site is removed or dies, the applicant shall replace it with a Category IV landscape buffer with plant material as recommended in the Virginia Beach Landscape Guide. 6. The canopy above the vacuums shall be a neutral or earth tone color with the exception of the trim or support structure. 7. The hoses for the vacuum system shall be black in color. 8. A photometric plan(i.e. lighting plan) for the Property shall be submitted for review and approval with the Site Plan and the outdoor lighting fixtures shall be coordinated as to style, material and color. All lighting fixtures shall be equipped with automatic photocell on/off and include programmable dimming to dim the lumen output to 50% (or less). The programmable/automatic dimming must be to the manufacturer's standards and, at a minimum, reduce the lumen output by 50%. The lighting fixtures on the Property shall be dimmed by 50% each day at 9:30 p.m. If approved by the Virginia Beach Police Department, light fixtures within 100 feet of a residential property shall be turned off daily at 10:00 p.m. 9. All light poles shall be no taller than 14 feet in height. 10. All light fixtures shall be shielded and angled away from the adjacent residential uses. 5 11. No outside storage of equipment, parts, tires, merchandise, or materials shall be permitted on the site. 12. Only light vehicle repair work such as lighting, brakes and fluid replacement shall take place on site. There shall be no engine repair, paint booth, or body work taking place on the site. 13. All vehicle repair shall take place within the building. 14. There shall be no pennants, streamers, air dancers or banners displayed on the site. 6 °FMC., L f„ , CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND SECTION 104 OF THE CITY ZONING ORDINANCE PERTAINING TO THE MAXIMUM AND MINIMUM MISDEMEANOR FINES FOR VIOLATIONS. MEETING DATE: August 21, 2018 • Background: House Bill 709, which was passed by the 2018 General Assembly, eliminated minimum fines for zoning violations and clarified that any 10-day period for which a violation remains is an increased penalty. ■ Considerations: This amendment will bring the City's Zoning Ordinance into compliance with the Virginia State Code. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request. ■ Attachments: Staff Report Minutes of Planning Commission Hearing Ordinance Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Depart • - t/Agency: Planning Department rie,t,‘. ` L City Manager:• Ilk 1 AN ORDINANCE TO AMEND SECTION 104 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO THE MAXIMUM AND 4 MINIMUM MISDEMEANOR FINES FOR 5 VIOLATIONS 6 7 Section Amended: § 104 of the City Zoning 8 Ordinance 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Section 104 of the City Zoning Ordinance is hereby amended and 17 reordained to read as follows: 18 19 Sec. 104. - Violations and penalties. 20 21 (a) Except as provided in subsection (b), any person who violates any of the 22 provisions of this ordinance shall, upon conviction thereof, be guilty of a misdemeanor 23 punishable by a fine of not less than ten dollars ($10.00) nor more than one thousand 24 dollars ($1,000.00). If the violation is uncorrected at the time of the conviction, the court 25 shall order the violator to abate or remedy the violation in compliance with this 26 ordinance, within a time period established by the court. Failure to remove or abate a 27 violation within the specified time period shall constitute a separate misdemeanor 28 offense punishable by a fine of not less than ten dollars ($10.00) nor more than one 29 thousand dollars ($1,000.00)i and any such failure during any a succeeding ten-day 30 period shall constitute a separate misdemeanor offense for each ten day period 31 punishable by a fine of not less than one hundred dollars ($100.00) nor more than one 32 thousand five hundred dollars ($1,500.00); and any such failure during any succeeding 33 10-day period shall constitute a separate misdemeanor offense for each 10-day period 34 punishable by a fine of not more than two thousand dollars ($2,000.00). 35 36 . . . . Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Qtg 1 , , 1),06 --)3.,J ``Planning Department City Attor , Office J CA14446 R-2 June 6, 2018 Applicant City of Virginia Beach Public Hearing July 11, 2018 Agenda Item INP:3Maximum and Minimum Misdemeanor Fines For Violations 18 Virginia Beach Request An Ordinance to Amend Section 104 of the City Zoning Ordinance pertaining to the maximum and minimum misdemeanor fines for violations. Summary of Request The amendments to City Zoning Ordinance Section 104 are required by legislative changes that were passed by the 2018 General Assembly. House Bill 709 eliminated minimum fines for zoning violations and clarified that any 10-day period for which a violation remains is an increased penalty. Section 104 has been amended to reflect these amendments and clarifications. Recommendation Staff believes this amendment will bring the Virginia State Code and the City Zoning Ordinance into compliance with one another and recommends that this amendment be approved. City of Virginia Beach Agenda Item 18 Page 1 Item#18 City of Virginia Beach Amend City Zoning Ordinance July 11,2018 CONSENT Ms. Wilson: Item eighteen is a revision to the code city zoning ordinance and it has been necessitated by a revisions to state code that has deleted the minimum fines for misdemeanor violations of the zoning ordinance and has established a step program for the maximum fines so that with each violation and each consecutive violation, the fines would increase. Ms. Rucinski: Thank you. Chairman that is the last item on the consent agenda, so I would like to make a motion to approve items one,two, three, five, six, eleven, thirteen, fifteen, and eighteen. Mr. Thornton: I have a motion to approve the consent items, do I have a second? Mr. Redmond:Second. Mr. Thornton: Second by Mr. Redmond. Mr. Hodgson: Mr. Chairman. Mr. Thornton: Yes sir. Mr. Hodgson: I need to abstain from agenda item number fifteen. I have a business relationship with the applicant. Mr. Thornton: Okay thank you, any other abstentions? No, we are ready to vote. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER ABSENT REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE Ms. Cartwright: By recorded vote of 10-0, the items number one, two, three, five, six, eleven, thirteen, fifteen, and eighteen have been approved by consent with commissioner Hodgson abstaining from item number 15. 1 L. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS-ELECTRICAL DIVISION COMMUNITY ORGANIZATION GRANT(COG) AND ALLOCATION REVIEW COMMITTEE COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY HEALTH SERVICES ADVISORY BOARD HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATION REVIEW PANEL MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMISSION OLD BEACH DESIGN REVIEW COMMITTEE PERSONNEL BOARD PUBLIC LIBRARY BOARD STORMWATER APPEALS BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *************************** 08/14/2018 pm CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:08/07/2018 PAGE: 1 D A AGENDA V ITEM tt SUBJECT MOTION VOTE A E H W B N E J U I B P DNOK M H L W O O Y L N A 0 R S 0 TR EEENS I 0 0 T TR YS E S N N D CITY COUNCIL'S BRIEFINGS A. SHORT TERM RENTAL—Discussion City Council B. HUMAN RIGHTS COMMISSION Rajeeb Islam, ANNUAL REPORT Chairman H. CITY MANAGER'S BRIEFINGS A. FOOD TRUCKS UPDATE Beverly K.Wilson, Deputy City Attorney B. CITY HALL 65%DESIGN Thomas Nicholas, DEVELOPMENT UPDATE City Engineer C. HOUSING and PROPERTY CONDITIONS Andrew Friedman, SURVEY Director- Housing and Neighborhood Preservation& Wells Freed, Housing Code Administrator IIUIVNN CERTIFICATION CERTIFIED 9-0 Y Y Y Y Y A Y Y Y Y INII A-E A F/G MINUTES July 3,2018 APPROVED 8-0 s Y Y Y Y A Y Y Y Y T A N E D MINUTES July 10,2018 APPROVED 9-0 YY Y Y Y A Y Y Y Y H PUBLIC HEARINGS H.1 RELOCATION OF EASEMENT NO SPEAKERS Landstown Road Improvement Project H.2 SALE OF EXCESS CITY PROPERTY NO SPEAKERS 236 Middle Lane H.3 PROPOSED OPEN AIR CAFÉ NO SPEAKERS FRANCHISE AGREEMENT Fish Bones Cafe At 1211 Atlantic Avenue H.4 ALLOCATION OF EDWARD BYRNE NO SPEAKERS JUSTICE ASSISTANCE GRANT Law Enforcement Purposes ADD-ON RESOLUTION TO APPOINT VICTORIA L. ADDED 9-0 Y Y Y Y Y A Y Y Y Y RICE TO THE POSITION OF ASSITANT CITY ATTORNEY 1.1. Resolution CELEBRATING the 756 ADOPTED 9-0 Y Y Y Y Y A Y Y Y Y Anniversary of Naval Air Station Oceans CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:08/07/2018 PAGE: 2 D A AGENDA V ITEM# SUBJECT MOTION VOTE A E H W B N E J U I B P DNOK M H L W O 0 Y L N A 0 R S 0 T R EEENS 1 0 0 T T R Y S E S N N D 1.2. Resolution to AUTHORIZE/DIRECT City ADOPTED,BY 9-0 Y Y Y Y Y A Y Y Y Y Manager to EXECUTE a First Amendment to CONSENT (MOA)with(HRSD)and its member localities re funding and implementation of Regional Wet Weather Management Plan(RWWMP) I.3. Resolution to SUPPORT Offshore Wind off ADOPTED, A the Coast of Virginia SUBSTITUTE 8-0 Y Y Y Y Y A a Y Y Y VERSION,BY T r CONSENT A N E D 14. Resolution to AMEND the Membership of the ADOPTED,BY 9-0 Y Y Y Y Y A Y Y Y Y Transition Area/Interfacility Traffic Area CONSENT Citizens'Advisory Committee(ITA) 1.5. Resolution to AMEND the Membership of the ADOPTED,BY 9-0 j Y Y Y Y Y A Y Y Y Y Oceana Land Use Conformity Committee CONSENT (OLUCC) - I.6. Ordinance to AMEND City Code re name and ADOPTED,BY 9-0 I Y Y Y Y Y A Y Y Y Y functions of the Department of Aquarium, CONSENT i Historic Houses and Museums 17 Ordinance to GRANT a Franchise Agreement ADOPTED,BY 9-0 Y Y Y Y Y A Y Y Y Y re Open Air Café to Fish Bones at 1211 CONSENT Atlantic Avenue Ordinance to AUTHORIZE the relocation of ADOPTED,BY 8-0 Y Y Y Y Y A A Y Y Y I.8. a 25'portion of an existing Dominion Energy CONSENT Easement along Landstown Road by declaring T excess and granting a 25' Dominion Energy A Easement on the far Eastem Side of the remaining 120'Easement re Landstown Road E Improvement Project 0 1.9 Ordinance to AUTHORIZE/ACCEPT the • ADOPTED,BY 9-0 Y Y Y Y Y A Y Y Y Y dedication of property and easement re CONSENT Buccaneer Road Bulkhead Replacement Project 1.10 Ordnance to AUTHORIZE/ACCEPT the ADOPTED,BY 9-0 Y Y Y Y Y A Y Y Y Y dedication of property located at Indian River CONSENT Road/Lifetime Circle re Right-of-Way purposes I.l I. Ordinance to DECLARE EXCESS City ▪ ADOPTED,BY 9-0 Y Y Y Y Y A Y Y Y Y Property at 236 Middle Lane/AUTHORIZE CONSENT the City Manager to sell to Chad A. and Jennifer L.Ewell I.12. Ordinance to APPROVE the sale of School • ADOPTED,BY 9-0 Y Y Y Y Y A Y Y Y Y Board property re Princess Anne Road VII CONSENT Project/ALLOW the School Board to retain the sale proceeds 1.13. Ordinances re Lynnhaven River Basin ADOPTED,BY 9-0 Y Y Y Y Y A Y Y Y Y Ecosystem Restoration Project: CONSENT a. ESTABLISH CIP Project 7-059/ TRANSFER$3-Million from Water Quality and Restoration Participation Projects II and Lynnhaven River Watershed II CIP Projects b. AUTHORIZE the City Manager to EXECUTE a Project Partnership Agreement with the Army Corps of Engineers CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:08/07/2018 PAGE: 1 D A AGENDA V ITEM# SUBJECT MOTION VOTE A E H W B N E J U I B P DNOKM H L W O 0 Y LN AO R S 0 T R E E ENS I 0 0 T T R Y S ES N N D CITY COUNCIL'S BRIEFINGS A. SHORT TERM RENTAL—Discussion City Council B. HUMAN RIGHTS COMMISSION Rajeeb Islam, ANNUAL REPORT Chairman ll. CITY MANAGER'S BRIEFINGS A. FOOD TRUCKS UPDATE Beverly K.Wilson, Deputy City Attorney B. CITY HALL 65%DESIGN Thomas Nicholas, DEVELOPMENT UPDATE City Engineer C. HOUSING and PROPERTY CONDITIONS Andrew Friedman, SURVEY Director- Housing and Neighborhood Preservation& Wells Freed, Housing Code Administrator II1/IVNN CERTIFICATION CERTIFIED 9-0 Y Y Y Y Y A Y Y Y Y 1/VII A-E A F/G MINUTES July 3,2018 APPROVED 8-0 s Y Y Y Y A Y Y Y Y T A • N E D MINUTES July 10,2018 APPROVED 9-0 YY Y Y Y A Y Y Y Y H PUBLIC HEARINGS H.1 RELOCATION OF EASEMENT NO SPEAKERS Landstown Road Improvement Project H.2 SALE OF EXCESS CITY PROPERTY NO SPEAKERS 236 Middle Lane H.3 PROPOSED OPEN AIR CAFE NO SPEAKERS FRANCHISE AGREEMENT Fish Bones Café At 1211 Atlantic Avenue H.4 ALLOCATION OF EDWARD BYRNE NO SPEAKERS JUSTICE ASSISTANCE GRANT Law Enforcement Purposes ADD-ON Resolution to APPOINT Victoria L.Rice to ADDED 9-0 Y Y Y Y Y A Y Y Y Y the position of Assitant City Attorney 1.1. Resolution CELEBRATING the 75`" ADOPTED 9-0 Y Y Y Y Y A Y Y Y Y Anniversary of Naval Air Station Oceans 1.2. Resolution to AUTHORIZE/DIRECT City ADOPTED,BY Manager to EXECUTE a First Amendment to CONSENT 9-0 Y Y Y Y Y A Y Y Y Y (MOA)with(HRSD)and its member localities re funding and implementation of Regional CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:08/07/2018 PAGE: 2 D A AGENDA V ITEM# SUBJECT MOTION VOTE A E H W B N E J U I B P DNOKM H L W O 0 Y L N A 0 R S 0 T R E E ENS I 0 0 T T R Y S E S N N D Wet Weather Management Plan(RWWMP) 1.3. Resolution to SUPPORT Offshore Wind off ADOPTED, A the Coast of Virginia SUBSTITUTE 8-0 Y Y Y Y Y A B Y Y Y VERSION,BY T CONSENT A N E D I.4. Resolution to AMEND the Membership of the ADOPTED,BY 9-0 Y Y Y Y Y A Y Y Y Y Transition Area/Interfacility Traffic Area CONSENT Citizens'Advisory Committee(ITA) 1.5. Resolution to AMEND the Membership of the ADOPTED,BY 9-0 Y Y Y Y Y A Y Y Y Y Oceana Land Use Conformity Committee CONSENT (OLUCC) 1.6. Ordinance to AMEND City Code re name and ADOPTED,BY 9-0 Y Y Y Y Y A Y Y Y Y functions of the Department of Aquarium, CONSENT Historic Houses and Museums 17 Ordinance to GRANT a Franchise Agreement ADOPTED,BY 9-0 Y Y Y Y Y A Y Y Y Y re Open Air Café to Fish Bones at 1211 CONSENT Atlantic Avenue Ordinance to AUTHORIZE the relocation of ADOPTED,BY 8-0 Y Y Y Y Y A A Y Y Y 1.8. a 25'portion of an existing Dominion Energy CONSENT s s Easement along Landstown Road by declaring T excess and granting a 25' Dominion Energy A Easement on the far Eastern Side of the remaining 120'Easement re Landstown Road E Improvement Project D 1.9 Ordinance to AUTHORIZE/ACCEPT the ADOPTED,BY 9-0 Y Y Y Y Y A Y Y Y Y dedication of property and easement re CONSENT Buccaneer Road Bulkhead Replacement Project 1.10 Ordnance to AUTHORIZE/ACCEPT the ADOPTED,BY 9-0 Y Y Y Y Y A Y Y Y Y dedication of property located at Indian River CONSENT Road/Lifetime Circle re Right-of-Way purposes 1.11. Ordinance to DECLARE EXCESS City ADOPTED,BY 9-0 Y Y Y Y Y A Y Y Y Y Property at 236 Middle Lane/AUTHORIZE CONSENT the City Manager to sell to Chad A. and Jennifer L.Ewell 1.12. Ordinance to APPROVE the sale of School ADOPTED,BY 9-0 Y Y Y Y Y A Y Y Y Y Board property re Princess Anne Road VII CONSENT Project/ALLOW the School Board to retain the sale proceeds 1.13. Ordinances re Lynnhaven River Basin ADOPTED,BY 9-0 Y Y Y Y Y A Y Y Y Y Ecosystem Restoration Project: CONSENT a. ESTABLISH CIP Project 7-059/ TRANSFER$3-Million from Water Quality and Restoration Participation Projects II and Lynnhaven River Watershed II CIP Projects b. AUTHORIZE the City Manager to EXECUTE a Project Partnership Agreement with the Army Corps of Engineers CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:08/07/2018 PAGE: 3 D A AGENDA V ITEM# SUBJECT MOTION VOTE A E H W B N E J U I B P DNOKM H L W O 0 Y L N A 0 R S 0 T R E E ENS 1 0 0 T TR YS ES N N D 1.14. Ordinance to AUTHORIZE a$25,000 Grant ADOPTED,BY 8-0 Y Y Y Y Y A A Y Y Y to the Navy League, re Oceana 75th CONSENT B Anniversary Celebration/ RETRACT the S prior Grant Authorization to We Feed T A N E D I.15. Ordinance to TRANSFER $1-Million from ADOPTED 9-0 Y Y Y Y Y A Y Y Y Y Eastern Shore Drive Drainage Phase I to Ashville Park Drainage Improvements Phase I 1.16. Ordinance to ACCEPT In-Kind Donations to ADOPTED,BY 9-0 Y Y Y Y Y A Y Y Y Y Libraries from the Friends Public Libraries CONSENT and Library Foundation re support Summer Reading Challenge 1.17. Ordinances to ACCEPT/APPROPRIATE: a. Donations totaling$49,961.22 from Friends of ADOPTED,BY Libraries to FY 2017-18 Operating Budget of CONSENT 9-0 Y Y Y Y Y A Y Y Y Y the Libraries b. Grant Funds totaling$88,131 from the Edward ADOPTED, 9-0 YYYYY AY Y Y Y Byrne Justice Assistance Grant to FY2018-19 SUBSTITUTE Operating Budgets of the Sheriff's Office, VERSION,BY Police Department and the Community CONSENT Corrections and Pretrial Division 1.18. Ordinances to APPROPRIATE: a. $80,000 from Fund Balance of the Police ADOPTED,BY 9-0 Y Y Y Y Y A Y Y Y Y Federal/State Seized Assets Special Revenue CONSENT Fund to FY2018-19 Operating Budget of the Police Department re purchase of vehicles for Investigations Division b. $125,000 from the Virginia Tourism Authority ADOPTED,BY 9-0 y YY YY A Y YYY to the FY2018-19 Operating Budget of CONSENT Economic Development / AUTHORIZE Grant to the Virginia Sports Hall of Fame ADOPTED,BY 8-0 A YYYY A Y Y Y Y c. $16,500 from the Eleventh Annual Virginia CONSENT Beach Business Appreciation Charity Golf S r Classic / Networking Reception / A AUTHORIZE three equal donations to The Global Studies Academy/The Achievable Dream Academy/Goodgirls Write Code, D Inc. 1.19. ADD-ON Resolution to APPOINT Victoria L. Rice to ADOPTED,BY 9-0 Y Y Y Y Y A Y Y Y Y the position of Assitant City Attorney CONSENT J. PRINCESS ANNE HOTEL,LLC/CITY OF DEFERRED 9-0 Y Y Y Y Y A Y Y Y Y J.I. VIRGINIA BEACH for a Conditional COZ INDEFINITELY, of from B-2 to Conditional B-4 at the BY CONSENT Northeast Corner of Princess Anne Road/ Community College Place Intersection DISTRICT 7—PRINCESS ANNE CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:08/07/2018 PAGE: 4 D A AGENDA V ITEM# SUBJECT MOTION VOTE A E H W B N E J U I B P DNOKM H L W O 0 Y L N A 0 R S 0 T R EEENS I 0 0 T TRYS ES N N D J.2. HOFD ASHVILLE PARK, LLC for a APPROVED/ 9-0 Y Y Y Y Y A Y Y Y Y Modification of Proffers of a Conditional MODIFIED/ Rezoning at the North and South sides of AS PROFFERED, Ashville Park Boulevard (Approved on BY CONSENT February 24,2004,and Modified on May 10, 2005 and February 14,2012).(Deferred from July 3,2018)DISTRICT 7—PRINCESS ANNE J.3. NATHAN HINCH WAICUNAS for a CUP APPROVED/ 9-0 Y Y Y Y Y A Y Y Y Y re home occupation—retail firearm sales at CONDITONED, 1332 Stringfellow Court DISTRICT 2 — BY CONSENT KEMPSVILLE J.4. BRITTANY PRIMMER/BRANDI APPROVED/ 9-0 Y Y Y Y Y A Y Y Y Y MILLER for a CUP re family day-care CONDITIONED, home at 1001 Eagle Point Drive DISTRICT 1 BY CONSENT —CENTERVILLE J.S. EDITH&DANIEL MONROE for a CUP APPROVED/ 9-0 Y Y Y Y Y A Y Y Y Y re family day-care home at 164 Onondaga CONDITIONED, Road DISTRICT 4—BAYSIDE BY CONSENT J.6. DONNA C.DENHAM for a CUP re family APPROVED/ 8-0 A Y Y Y Y A Y Y Y Y day-care home at 965 Edwin Drive CONDITIONED, DISTRICT 2—KEMPSVILLE BY CONSENT A h E D J.7. H&S DEVELOPMENT GROUP, DEFERRED 9-0 Y Y Y Y Y A Y Y Y Y LLC/COLUMBIA CLUB OF VIRGINIA INDEFINITELY, BEACH for a CUP re communications BY CONSENT tower at 1236 Prosperity Road DISTRICT 6 —BEACH J.8. CHRISTOPHER STANKUS fora CUP re APPROVED/ 9-0 Y Y Y Y Y A Y Y Y Y commercial kennel at 3612 West Neck CONDITIONED, Road DISTRICT 7—PRINCESS ANNE BY CONSENT J.9. Resolution to AUTHORIZE three (3) APPROVED,BY 9-0 Y Y Y Y Y A Y Y Y Y Roadside Guide Signs along Atlantic and CONSENT Pacific Avenues re Edgar Cayce's A.R.E. DISTRICT 5—LYNNHAVEN K. APPOINTMENTS: RESCHEDULED BYCON S ENS US 2040 VISION TO ACTION COMMUNITY COALITION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS — ELECTRICAL DIVISION COMMUNITY ORGANIZATION GRANT (COG)AND ALLOCATION REVIEW COMMITTEE COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATION REVIEW PANEL MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMISSION PUBLIC LIBRARY BOARD OLD BEACH DESIGN REVIEW COMMITTEE CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:08/07/2018 PAGE: 5 D A AGENDA V ITEM# SUBJECT MOTION VOTE A E H W B N E J U I B PDNOKM H L W O O Y LN AO R S 0 T R E E ENS I 0 0 T T R Y S ES N N D STORMWATER APPEALS BOARD ARTS AND HUMANITIES COMMISSION Appointed: 9-0 Y Y Y Y Y A Y Y Y Y Megin R.Kennett Unexpired term thru 6/30/22 Susan C.Grube 4 year term 8/7/18—6/30/22 COMMUNITY POLICY AND Appointed: 9-0 Y Y Y Y Y A Y Y Y Y MANAGEMENT TEAM Joy Rios(Parent) Unexpired term thru 3/31/19 Roni Myers— DAub(VBCPS) Unexpired term thru 1/31/20 Gailyn Thomas (Human Services) Unexpired term thru 1/31/20 GREEN RIBBON COMMITTEE Appointed: 9-0 Y Y Y Y Y A Y Y Y Y Chris Freeman Unexpired term thru 10/31/20 Roy Flanagan Unexpired term thru 10/31/19 Al Henley Unexpired term thru 10/31/19 HUMAN RIGHTS COMMISSION Appointed: 9-0 Y Y Y Y Y A Y Y Y Y Cheryl Caalim (Student) 2 year term 9/1/18—8/31/20 INVESTIGATION REVIEW PANEL Reappointed: 9-0 Y Y Y Y Y A Y Y Y Y Robert Beasley 3 year term 9/1/18—8/31/21 Barbara Booker- Williams 3 year term 9/1/18—8/31/21 William Hearst 3 year Tenn 9/1/18—8/31/21 OCEANA LAND USE CONFORMITY Appointed: 9-0 Y Y Y Y Y A Y Y Y Y COMMITTEE Vice Mayor James L.Wood No term Ronald H. Williams,Jr. No term Capt.Chad Vincelette CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:08/07/2018 PAGE: 6 D A AGENDA V ITEM# SUBJECT MOTION VOTE A E H W B N E J U I B P DNOKM H L W O 0 Y L N AO R S 0 TR EEENS I 0 0 T TR YS ES N N D No term PARKS AND RECREATION Appointed: COMMITTEE Joseph A.Monaco 9-0 Y Y Y Y Y A Y Y Y Y (At-Large) 3 year term 9/1/18-8/31/21 Alex Hakim (Student) 2 year term 9/1/18—8/31/20 Reappointed: Patricia Dolan 3 year term 9/1/18—8/31/21 Kema Geroux 3 year term 9/1/18—8/31/21 Hugh Tierney 3 year term 9/1/18—8/31/21 PERSONNEL BOARD Appointed: Daniel Des Roches 9-0 Y Y Y Y Y A Y Y Y Y Unexpired term thru 2/28/20 WETLANDS BOARD Appointed: Jason Barney 9-0 Y YYYY A Y Y Y Y Unexpired term thru 09/30/22 L/M/N ADJOURNMENT 6:30 P.M. OPEN DIALOGUE 12 SPEAKERS 7:10 P.M.