Planning Commission Agendas & Minutes
Regular MeetingHampton, VA · March 3, 2011
Minutes
AT A PUBLIC HEARING AND REGULAR MEETING OF THE HAMPTON PLANNING
COMMISSION HELD IN THE COUNCIL CHAMBERS, 8TH FLOOR, CITY HALL,
HAMPTON, VIRGINIA, ON THURSDAY, MARCH 3, 2011 AT 3:30 P.M.
ITEM I. CALL TO ORDER
Chairman James Young called the Planning Commission meeting to order.
ITEM II. ROLL CALL
A call of the roll noted all members present.
ITEM III. MINUTES
A motion was made by Commissioner Gregory Williams and seconded by Vice-
Chairman Andre McCloud to make a correction to the December 2, 2010 minutes to change
“grocery store” to “book-n-card store” located on page three, first paragraph of line five. A
roll call vote on the motion resulted as follows:
AYES: Campbell, LaRue, Williams, McCloud, Bunting, Tuck, Young
NAYS: None
ABST: None
ABSENT: None
A motion was made by Commissioner Mary Bunting, and seconded by Commissioner
Donnie Tuck to approve the minutes of the January 6, 2011 work session and Planning
Commission meeting. A roll call vote on the motion resulted as follows:
AYES: Campbell, LaRue, Williams, McCloud, Bunting, Tuck, Young
NAYS: None
ABST: None
ABSENT: None
ITEM IV. STAFF REPORTS
A. Youth Planner Report
Mr. Terry O’Neill, Secretary to the Commission, stated as it has been done in the past
because the Youth Planners are coming from school, he asked that the Youth Planner
Report be moved to the end of the agenda.
The Commission was in agreement to move the Youth Planner Report to the end of
the agenda.
Public Hearing Procedures
Mr. O’Neill read key points of the Hampton Planning Commission Public
Hearing/Comment Rules in order for the affairs of the Commission to be conducted in a
courteous and orderly manner.
ITEM V. PUBLIC HEARING ITEMS
Mr. O’Neill read the public hearing item advertised in the Daily Press on February 18
and 25, 2011.
A. Rezoning Application No. 1293-2011 by the Hampton Redevelopment and Housing
Authority to rezone 0.17+ acres at 723 Old Point Avenue [LRSN 13002684] from One
Family Residence District (R-9) to Multiple Dwelling District (MD-2) for a clubhouse
associated with the adjacent Old Point Townhomes. R-9 allows up to 6.5 units per
acre, and MD-2 allows up to 16 units per acre. The Hampton Community Plan (2006,
as amended) recommends medium density residential in this area, and the Phoebus
Master Plan (2007, as amended) recommends a single family residential street along
Old Point Avenue with townhomes located on the interior portion of the site.
Conditions have been proffered and such proffers are available for public review in
the Planning Division of the Department of Community Development.
Mr. Michael Hayes, Senior City Planner, presented the staff report, a copy of which is
attached hereto and made a part hereof. The request is to rezone the property from One
Family Residence District (R-9) to Multiple Dwelling District (MD-2) to permit a clubhouse in
association with the adjacent Old Point Townhomes. As per the recommendation of the
Hampton Community Plan (2006, as amended), Hampton Redevelopment and Housing
Authority (HRHA) has ensured staff that the proposed building fits within the context and
builds upon the quality of single-family homes along Old Point Avenue. Proffered conditions
have been attached to preserve the residential character of the neighborhood. Staff
supports the proposed request and recommends approval of Rezoning Application No.
1293-2011, subject to 14 conditions.
In response to a question by Commissioner Campbell, Mr. Hayes stated
approximately two individuals attended the community meeting, and he believes they were a
married couple. There was a discussion about being content with the proposal, but he
hesitates to speak beyond that discussion in terms of framing someone else’s comments or
thoughts.
In response to a question by Commissioner Campbell, Mr. Hayes concurred that
there was not an outright rejection of the proposal.
In response to a question by Vice-Chairman McCloud, Mr. Hayes stated the function
of the clubhouse is to provide office space for the property manager, but there is also a
meeting space as well as a kitchen area. He stated it is not a clubhouse in terms of having
a pool or recreational activities, but it will have a meeting or gathering space.
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In response to a question by Vice-Chairman McCloud, Mr. Hayes stated the meeting
space would be for the residents of the townhouses. No one can come and randomly rent
out the space for a party.
In response to a question by Commissioner Campbell, Mr. O’Neill stated the
proposed request is considered part of the townhouse project which is a multi-family project
that necessitates a change in zoning.
In response to a question by Commissioner Williams, Mr. Hayes concurred that the
proposed request serves a dual purpose (i.e., a place for the project manager to work, and a
meeting place). He introduced Mr. Carter to provide further information.
Mr. Aaron Carter, Development Coordinator, HRHA, noted that the townhouses are
not for purchase, but for rent. If a person wanted to rent one of the townhomes, they would
come into the office to discuss it with the project manager.
In response to a question by Commissioner Williams, Mr. Carter stated the property
manager currently resides off site.
Mr. Carter stated in addressing Commissioner Campbell’s question, there were two
residents who attended the meeting, and he believes they were married, even though they
did not state it. Their main concern was having eyes on the development, and the proposed
request plays perfectly into what they were looking to have on site, which also plays into
what HRHA wants to have as well (i.e. someone on site to answer questions, lease, move,
and to provide a space for the residents to enjoy).
In response to a question by Commissioner Campbell, Mr. Carter stated there are 27
townhomes for rent.
Commissioner LaRue commented that the proposed request appears to be a creative
and innovative use for a small piece of property that would have been difficult if developed
any other way. It also meets unmet needs of the townhouse development.
In response to a question by Chairman Young, Mr. Carter stated while the property
manager is at the facility during the day, the residents can come in and enjoy the facility.
HRHA is not looking at renting out the facility to the tenants because there would not be
anyone there to monitor the facility after business hours.
In response to a question by Vice-Chairman McCloud, Mr. Carter stated at this point
the facility could not be rented out for a social function after hours. It is something that
HRHA can look into.
In response to a question by Vice-Chairman McCloud, Ms. Vanessa Valldejuli,
Deputy City Attorney, stated in Proffer #2 submitted by the applicant, it specifically states
that the property will be leased exclusively for Old Point Townhomes and will not be leased
to anyone who is not a resident of Old Point Townhomes, except for HRHA.
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Vice-Chairman McCloud wanted clarification that if he is a resident of Old Point
Townhomes and he wants to have a Christmas party, could he use the proposed facility to
do that, and Mr. Carter stated yes, the residents could do that.
Commissioner Williams stated he thought Mr. Carter mentioned that the facility would
only be available if the property manager was on the premises. If he was going to have a
Christmas party, the property manager would have to be present during the hours of
operation when the property manager was there and Mr. Carter concurred.
Commissioner Williams stated HRHA may want to rethink the use of the facility
because it sounds like the clubhouse is open from 9 a.m. to 5 p.m. at this point. He stated
what Vice-Chairman McCloud is articulating is if the residents want to do something in the
evening, it is no use to have a clubhouse because they cannot use it. It is more of a place
for the property manager to reside than a traditional clubhouse, which is his personal
opinion.
Mr. O’Neill stated for clarification, the condition that Ms. Valldejuli mentioned is a
condition that speaks to some part of the proposal which is before the Commission to act
on. He is not stating that some of the discussion is not important or germane to the
conversation because it is, but he wants to be clear that the Commission knows what is in
the condition and what it does and does not say. He stated the condition implies that
anyone who is a resident of the townhouse complex can lease the clubhouse with the
approval of HRHA staff. How HRHA manages the space is an internal organization policy,
and it is not a condition of the case.
Commissioner Tuck stated if it is primarily a place for the property manager to
occupy, why not build another unit that would be an office versus a clubhouse.
Mr. Carter stated it is an office/clubhouse; the office for leasing purposes, and the
clubhouse because there will be elderly living in the townhomes, mobile impaired residents,
and during the day, they can use the facility. But as Mr. O’Neill and Ms. Valldejuli pointed
out, the wording in that proffer allows HRHA to have an employee after hours if HRHA
wanted to.
Mr. O’Neill stated to Commissioner Tuck that staff has worked with HRHA to make
the project comply closely as possible with the Phoebus Master Plan (2007, as amended)
recommendation. The Phoebus Master Plan (2007, as amended) is clear about maintaining
the single family scale and character along the Old Point Avenue block because that is what
is on both sides. Staff was hesitant about bringing the townhouses out to the street because
staff felt it violated that principle in the plan that Old Point Avenue is primarily on the
frontages of a series of single-family homes. Staff wanted to maintain the scale, look, and
structure, and HRHA could not build a single-family structure because of the configuration of
the property.
Commissioner Tuck stated he is fine with the proposal. He was just following along
the line of questioning about the proposed request being a clubhouse that apparently cannot
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be used after hours, when one would think a function of a clubhouse would be that if
someone wanted to have an event, they could have it after hours. He stated if that is not
part of the purpose of the clubhouse, why not just build another unit. Not that the proposal
is not in keeping with the residential design that is already there, but build a unit where the
property manager would reside, but he is fine with the proposal.
After discussion, the Commission approved the following resolution:
WHEREAS: the Hampton Planning Commission has before it this day Rezoning Application
No. 1293-2011, a proposal by the Hampton Redevelopment and Housing
Authority, to rezone from One Family Residence District (R-9) to Multiple
Dwelling District (MD-2) the area consisting of 0.17+ acre at 723 Old Point
Avenue (LRS 13002684);
WHEREAS: the proposal is to allow for the development of a clubhouse containing meeting
space, a kitchen, and a property manager’s office in conjunction with the Old
Point Townhomes development;
WHEREAS: the Hampton Community Plan (2006, as amended) recommends medium
density residential (9-15 units per acre) in this area;
WHEREAS: both the Hampton Community Plan and the Phoebus Master Plan (2007, as
amended) recommend maintaining the single family residential character of
Old Point Avenue;
WHEREAS: the applicant has proffered conditions, including building elevations and
conceptual site plan, which ensure the lot will be developed in keeping with the
single family character of Old Point Avenue, and that the use of the property
will be limited to the clubhouse and property manager’s office;
WHEREAS: two members of the public attended a community meeting that was held on
February 22, 2011; and
WHEREAS: no members of the public signed up to speak at the Planning Commission
public hearing.
NOW, THEREFORE, on a motion by Commissioner Mary Bunting and seconded by
Commissioner Donnie Tuck,
BE IT RESOLVED that the Hampton Planning Commission recommends approval of
Rezoning No. 1293-2011, subject to fourteen (14) conditions.
A roll call vote on the motion resulted as follows:
AYES: Campbell, LaRue, Williams, McCloud, Bunting, Tuck, Young
NAYS: None
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ABST: None
ABSENT: None
Mr. O’Neill read the next public hearing item.
B. Conditional Privilege Application No. 116-2011 by Peninsula Town Center, LLC, to
allow live entertainment at Terra Restaurant and Bar at 2330 McMenamin Street
[LRSN 13002022]. The restaurant is part of the larger 77± acre Peninsula Town
Center development and is zoned Limited Commercial (C-2), which permits live
entertainment in conjunction with a restaurant subject to securing a Conditional
Privilege. The Hampton Community Plan (2006, as amended) recommends
commercial for this area.
Mr. David Stromberg, City Planner, presented the staff report, a copy of which is
attached hereto, and made a part hereof. The proposed use is to allow live entertainment
which includes recorded music, live instrumental music, and/or disk jockey. The proposal is
consistent with the Hampton Community Plan (2006, as amended). The proposal is an
acceptable use in conjunction with existing restaurant activity. Staff supports the proposed
request, and recommends approval of Conditional Privilege Application No. 116-2011,
subject to 11 conditions.
In response to a question by Commissioner LaRue, Mr. Stromberg stated the
Conditional Privilege would add live entertainment outdoors, but it would also allow greater
capacity and extended hours of operation indoors.
In response to a question by Commissioner Williams, Mr. Julius Wilson and David
Nesbitt, owners of Terra Restaurant and Bar introduced themselves, and Mr. Wilson
concurred that the later hours begin Wednesday through Saturday.
In response to a question by Commissioner Williams, Mr. Wilson stated as of March
st
1 , they are open everyday from 11:00 a.m. to 2:00 a.m. with the exception of Sundays.
After discussion, the Commission approved the following resolution:
WHEREAS: the Hampton Planning Commission has before it this day Conditional Privilege
Application No. 116-2011, a proposal by Hampton Terra, LLC, doing business
as Terra Restaurant and Bar, to permit live entertainment within an existing
restaurant at 2330 McMenamin Street [LRSN 13002022];
WHEREAS: the applicant proposes indoor live entertainment occurring from 11:00 a.m. to
11:00 p.m. Sunday through Tuesday, and 11:00 a.m. to 2:00 a.m. Wednesday
through Saturday, and outdoor live entertainment occurring from 11:00 AM to
9:00 p.m. Sunday through Thursday, and 11:00 a.m. to 10:00 p.m. Friday and
Saturday;
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WHEREAS: the proposal is consistent with the land use recommendations of the Hampton
Community Plan (2006, as amended) which recommends mixed use for this
area and expansion of tourism, entertainment, and cultural opportunities within
the city;
WHEREAS: the site is zoned Limited Commercial (C-2) District which permits live
entertainment in conjunction with a restaurant subject to securing a
Conditional Privilege;
WHEREAS: the site is located in Peninsula Town Center and can be accessed from
multiple points off of Mercury Boulevard, Coliseum Drive, and Cunningham
Drive;
WHEREAS: no members of the public attended a community meeting that was held on
February 15, 2011; and
WHEREAS: no members of the public signed up to speak at the Planning Commission
public hearing.
NOW, THEREFORE, on a motion by Commissioner Carlton Campbell and seconded by
Commissioner Gaynette LaRue,
BE IT RESOLVED that the Hampton Planning Commission recommends approval of
Conditional Privilege No. 116-2011, subject to eleven (11) conditions.
A roll call vote on the motion resulted as follows:
AYES: Campbell, LaRue, Williams, McCloud, Bunting, Tuck, Young
NAYS: None
ABST: None
ABSENT: None
Mr. O’Neill read the next public hearing item.
C. Zoning Ordinance Amendment 023-2011: Ordinance to amend and reenact the
Zoning Ordinance of the City of Hampton, Virginia by amending and reenacting
sections 3-5, 3.1-6, 3.2-6, 3.3-6, 3.4-6, 4-5, 5-5, 6-5, 7-5, 8-5, 9-5, 10-2, 10-8(3), 10-
19(3), 10-30(3), 10.1-2, 10.1-5, 12-1,13-1,15-1(1), 17.3-24(5), 18-4, 18-7, 19-1 and
19-2 by deleting the term “churches” and replacing with the term “religious facilities”
as set forth in chapter 2.1-144 of the zoning ordinance.
Ms. Vanessa Valldejuli, Deputy City Attorney, presented the staff report a copy of
which is attached hereto and made a part hereof. The amendment is a housekeeping
measure to replace the term “churches” with the term “religious facilities” to encompass all
venues of worship in the Zoning Ordinance. Staff respectfully requests that the Commission
approve the proposed amendment.
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After discussion, the Commission approved the following resolution:
WHEREAS: the Hampton Planning Commission has before it this day proposed amendments
to the Zoning Ordinance for the following: sections 3-5, 3.1-6, 3.2-6, 3.3-6, 3.4-6,
4-5, 5-5, 6-5, 7-5, 8-5, 9-5, 10-2, 10-8(3), 10-19(3), 10-30(3), 10.1-2, 10.1-5, 12-1,
13-1,15-1(1), 17.3-24(5), 18-4, 18-7,19-1, and 19-2;
WHEREAS: the intent of the amendments is to delete the term “churches” and replace it with
the term “religious facilities” as set forth in chapter 2.2-144 of the zoning
ordinance;
WHEREAS: staff has discussed these amendments with the Zoning Ordinance Advisory
Committee who support the recommended text changes; and
WHEREAS: there were no speakers at the public hearing.
NOW, THEREFORE, on a motion by Commissioner Donnie Tuck, and seconded by
Commissioner Carlton Campbell,
BE IT RESOLVED that the Hampton Planning Commission does recommend to City Council
approval of the Zoning Ordinance Amendment to amend and reenact the Zoning
Ordinance of the City of Hampton, Virginia by amending and reenacting sections
3-5, 3.1-6, 3.2-6, 3.3-6, 3.4-6, 4-5, 5-5, 6-5, 7-5, 8-5, 9-5, 10-2, 10-8(3), 10-
19(3), 10-30(3), 10.1-2, 10.1-5, 12-1,13-1,15-1(1), 17.3-24(5), 18-4, 18-7,19-1,
and 19-2 by deleting the term “churches” and replacing it with the term “religious
facilities” as set forth in chapter 2.2-144 of the zoning ordinance.
A roll call vote on the motion resulted as follows:
AYES: Campbell, LaRue, Williams, McCloud, Bunting, Tuck, Young
NAYS: None
ABST: None
ABSENT: None
Mr. O’Neill read the next public hearing item.
D. Public Hearing-no action
Zoning Ordinance Amendment 021-2010: Ordinance to amend and reenact
chapter 18 of the Zoning Ordnance of the City of Hampton, Virginia entitled “General
Provisions” by amending section 18-9 pertaining to fence and wall regulations.
Mr. Jeff Conkle, City Planner, presented the staff report, a copy of which is attached
hereto and made a part hereof. The proposed amendment is to provide greater flexibility for
fencing in response to numerous citizen requests for variances from the current language.
The amendment had two options (short and long version), and the Zoning Ordinance
Advisory Committee (ZOAC) recommended the longer version. Upon further staff review,
issues were raised which increased the length and scope of services. A draft was
presented to ZOAC, and will proceed to the Planning Commission April public hearing. No
action is needed at this meeting.
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In response to a question by Commissioner Williams, Mr. Conkle stated he is not
aware of any other restrictions on the type of materials that can be used for fencing.
Commissioner Williams stated he would like staff to look at whether or not the type of
fencing is appropriate with other housing in the neighborhood or fits in with the community
so that we do not have anyone building eight foot cinder blocks. He is not saying
aesthetically what the fence looks like, but the materials.
Mr. O’Neill stated staff will provide him an answer to that question, but he can tell the
Commission in general that staff is limited in these type of ordinances as to appearance and
aesthetic aspects of the type of fencing that neighbor A or B builds. These issues are best
governed by restrictive covenants that are civil matters in a neighborhood. That could be a
part of staff’s response when Ms. Valldejuli helps staff craft the language. Staff has to deal
specifically with structure and the land use application unless it is in a historic district where
staff has greater power.
In response to a question by Commissioner LaRue, Mr. O’Neill concurred that the
homeowner is required to go through the building permit process to build a fence, but it is
mostly for structural integrity and public safety type issues of the code. It is not about telling
a person the type of materials they can use or how it looks unless they are in a historic
district that has specific guidelines that can be enforced.
In response to a question by Vice-Chairman McCloud, Mr. O’Neill stated the Property
Maintenance Code gives some ability to regulate the condition of fencing, but it has to be
structural integrity or public safety. It cannot regulate the ground in regards to the way it
looks. Staff does not have a lot of room in that area. He reiterated that their enforcement
deals with structure, soundness, safety, etc. The City has a Weed and Debris Ordinance,
so there are some provisions that weed and debris can be enforced.
In response to a question by Chairman Young, Mr. O’Neill stated the Commission
should see these items at the April public hearing. No action is needed at this meeting.
Mr. O’Neill read the next public hearing item.
E. Public Hearing-no action
Zoning Ordinance Amendment No. 022-2010 by the City of Hampton to amend and
re-enact Chapter 1 of the Zoning Ordinance of the City of Hampton, Virginia entitled
“Zones and General Provisions” by amending section 1-2 pertaining to zoning maps
and adding section 1-5 pertaining to aircraft noise and aircraft accident potential
zones and boundaries and section 1-6 pertaining to special regulations regarding
discretionary zoning applications in air installation compatible use zones (AICUZ).
Mr. David Stromberg, City Planner, presented the staff report, a copy of which is
attached hereto and made a part hereof. The proposed amendment is to adopt the Air
Installation Compatible Use Zone (AICUZ), boundaries to the official zoning map, and adopt
special regulations on discretionary development within AICUZ boundaries (i.e. rezonings,
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use permits, conditional privileges). The proposed amendment implements
recommendations of Hampton-Langley Joint Land Use Study (JLUS); meets State code
requirements, reduce future incompatible land use; supports Langley Air Force Base
(LAFB); and protects private property rights. The amendment was presented to the Zoning
Ordinance Advisory Committee. The amendment meets the general polices in the Hampton
Community Plan (2006, as amended), as well as several specific actions in the JLUS. The
amendment was presented to the Zoning Ordinance Advisory Committee with feedback
from the committee. No action is needed at this meeting. The amendment will be
presented to the Commission at the April public hearing.
In response to a question by Commissioner LaRue, Mr. Stromberg stated the City is
in a better situation than Virginia Beach in regards to boundaries because having smaller
AICUZ boundaries means there is less of a chance of incompatible development.
Ms. Valldejuli stated Oceana is a bigger base; it is a master jet base, which means
their flight patterns are different and their noise zones are expanded, but the encroachment
issue is greater in Virginia Beach, and it always has been. Hampton has been proactive in
working with LAFB in establishing noise boundaries. It is not a new thing, and the only thing
staff is doing is incorporating the existing boundaries into the zoning map which is a
requirement of 15.2-2295 in order to enforce real estate disclosures.
Commissioner Mary Bunting stated being a member of the City for many years, she
recalled certain actions the City had taken in the 90’s, some of which were referenced, and
others which were not, that in the early 90’s, the City made sure they did everything they
could to BRAC proof LAFB, as well as other facilities. What Mr. O’Neill explained to her is
that even though the City already had regulations in place, the City is trying to use the same
language that LAFB and other military installations like to use. She stated in using the
AICUZ language, it is very important to the military and federal government because they
know that language. They do not necessarily know the unique local zoning language, but by
adopting the full AICUZ program, it gives them a greater degree of comfort because they
know what that language is.
Ms. Valldejuli stated earlier in the work session, she distributed a new page dealing
with some clerical amendments that was discovered during the publication of the ordinance
that the Commission has. It deals with the flood zone ordinance that the Commission
previously approved, and City Council adopted. These amendments highlighted in red will
be coming forward to the Commission and it is outlined in blue so the Commission can see
the difference. It deals with terminology that was incorporated into Article 5, Chapter 17.3
which needs to be mirrored in Section 1-2.
Mr. O’Neill read the next public hearing item.
F. Public Hearing-no action
Zoning Ordinance Amendment 024-2011: Ordinance to amend and reenact
chapter 18 of the Zoning Ordnance of the City of Hampton, Virginia entitled “General
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Provisions” by amending section 18-16 pertaining to projections allowed in yards and
courts.
Mr. Jeff Conkle, City Planner, presented the staff report, a copy of which is attached
hereto and made a part hereof. The proposed amendment is to provide greater allowance
for front porches in response to citizen requests for variances to allow front porches. Staff
provided draft language which was reviewed by the Zoning Ordinance Advisory Committee
(ZOAC), and they recommended staff to proceed. This is also in alignment with the plans
and policies of the City. Staff proposes to allow porches to project up to 8 feet into the front
setback provided that the porch is at least 10’ from the front property line. No action is
needed at this meeting. The amendment will be presented to the Commission at the April
public hearing.
In response to a question by Commissioner LaRue, Mr. Conkle stated a lot of the
newer community homes are built with the City’s regulations in mind. These neighborhoods
have porches pushed back beyond the front setback, and they were designed with the
thought that the homeowners want a front porch, but the regulation does not allow it. He
cannot answer how the older neighborhood front porches were regulated.
Ms. Valldejuli commented that in addition, some of the homeowners went before the
Board of Zoning Appeals and requested a variance for the porches. Because of the size of
the lot, the home owner was granted the variance, and the State Code states that when you
have a request that becomes a common place rather than meet the distances of the
neighborhood, then it is time to look at amending the Zoning Ordinance.
In response to a question by Chairman Young, Mr. O’Neill stated staff can send him
information regarding how balconies are regulated. He stated there is a lot of different
language in the Zoning Ordinance that deals with various types of projections (i.e. bay
windows, balconies, chimneys, etc.) that staff will research and send to him.
Youth Planner Report
Mr. Troy Elliott, Youth Planner, stated the Downtown Landscape Design is in its final
stages of completion. It was forwarded to the Youth Planner Program Supervisor, Donald
Whipple for approval, and comments will be presented to the Youth Planners at their staff
meeting. The Buckroe Parade of Homes and Wythe School Parking Analysis is a work in
progress. He showed a slide of a map indicating the location of lighting fixtures in
Downtown Hampton, and stated it is a documentation of existing conditions. He showed a
slide of a map indicating locations of décor and signage which includes different bench
types, trash cans, public art, and sculptures within the City. He stated there is also an Excel
sheet that has a tally of the number and different types of décor and signage in the
Downtown area.
In response to a question by Commissioner Campbell, Mr. O’Neill stated he does not
believe the Youth Planner Reports are online because they have not been given to their
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supervisor. The reports can be placed on Planning’s website once the information is
completed.
Mr. Elliott stated the presentation can be made available on the web as early as
Monday of next week.
Commissioner Campbell suggested a simple summary write-up that could be posted
on the web that may not have all the details until it goes through the proper channels, but
just what the Youth Planners and Commission are working on.
In response to a question by Commissioner Williams, Mr. Elliott stated the Buckroe
Parade of Homes project is similar to the Downtown Hampton documentation in regards to
the process of what is happening in the Buckroe development which is taking pictures of the
process of the project.
Mr. O’Neill stated in major areas like Downtown, Coliseum Central, Buckroe or
Phoebus where there are major projects for public and private improvement, particularly if
they are recommendations coming out of an existing plan, staff will keep a pictorial history
and inventory of those projects. Mr. Elliott and Ms. Leeper have been helping Planning staff
do this by going out periodically taking pictures and inventory of various things.
ITEM VI. PLANNING DIRECTOR’S REPORT
Mr. O’Neill reminded the Commission of the Community Plan meeting to be held on
Tuesday, March 8, 2011, 6:30 p.m. at the Convention Center. It is a check point meeting for
the public who is invited to come and see the mid-point report from various focus groups.
They will have an opportunity to make comments and suggestions on the progress to date.
On Thursday, March 10, 2011 at the Ruppert Sargent Bldg., in the Veteran’s Conference
Room on the first floor, representatives from each of the ten focus groups will participate in a
dialogue work session. They can share what they heard collectively as a group from
Tuesday night’s meeting, as well as help begin conversations of where issues cross focus
groups and how staff can set up means for the groups to talk about those common issues
and goals that they are working on. He encouraged the Commissioners to attend one or
both of the meetings.
Mr. O’Neill stated Phase 1 of the Community Plan process which is the strategic plan
of the process, is suppose to be rapping up by the May timeframe. Staff is trying to
schedule a joint work session with the Planning Commission and City Council sometime in
June. He asked the Commission to look at their schedule and if it is a major issue with the
majority of the Commission members, staff will look for an alternate date. Staff has typically
done this work session when there are updates to the Community Plan and the Commission
and Council come together to receive a briefing on what the likely recommendations will be
coming out of the focus groups. The Commission and Council will have approximately an
hour and a half or two to talk about their early impressions before they eventually come to
each body for a formal adoption in the months that would come after. He stated June 8th is
the meeting date. Typically what staff has done is have the work session at 10:00 a.m. or
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11:00 a.m. on the Wednesday of Council meeting which allows Council to go into their 1:00
p.m. regular Council meeting.
In response to a comment by Commissioner Williams, Mr. O’Neill assured
Commissioner Williams that the exercise for the Hampton Community Plan does not go into
a black hole. He stated most of the focus groups should have received through the
conveners or facilitation teams a two and a half page list of projects or initiatives that have
been implemented or come out of the previous Hampton Community Plan or Strategic Plan
process. It is not an all encompassing list, but it is an impressive list of projects, initiatives,
and programs that directly come out of recommendations from these type processes. He
would hate for anyone to go forward thinking it is just an exercise for a document. He stated
all of the things do not come to pass, but a lot of very important things do. If the
Commission does not have the list, he asked that they e-mail him, and he will forward the
list to them. He reiterated that this is the strategic part of the document. It identifies major
issue areas and goals, and this part will end up being the strategic plan and it will be
forwarded to the Commission for their adoption, and forwarded to Council.
Commissioner Bunting stated in building on Mr. O’Neill’s comments, the Hampton
Strategic Plan is intended to be a five year document. The expectations should not be that
everything will be done immediately. What the plan does is it guides staff’s work in terms of
how they research items that are forwarded to Council, and how it is budgeted. One of the
things the City Manager is evaluated on is the management of work in accordance with the
Strategic Plan and Hampton Community Plan. She stated it is very much a living breathing
document, and she echoed Mr. O’Neill’s sentiments, that it may not be that everything can
be done in the creative brainstorming environment that staff tries to foster during the
Strategic Plan process. Sometimes ideas are generated, and when staff tries to implement
them, they find out that they do not have the legal authority from the State of Virginia, but
they try to actively pursue the overwhelming majority, if not all things that come forward over
that five year period of a five year document. It is a guiding document for her organization,
and she expects the department heads will foster their work plans in accordance with the
plan, and they need to report to her on the plan, and she reports to Council. One of the
things she would like to do coming out of the process is to have a more active report card
document for the community so that they do not have to wait for an update. The process
lasts several months, but possibly a quarterly or semi-annual report card to the community
about what has been achieved or action steps taken towards larger goals. She stated one
of the things that had been done in the past is having a Strategic Plan Oversight Group
where citizens participate in the process and met on a quarterly basis, and she is looking at
reconvening such a group in the future after Planning Commission and City Council review
the document. She stated all of these things are ways to make sure that citizens who have
invested time and energy don’t feel like it has been for naught.
Commissioner Williams stated Ms. Bunting’s comments are along his line of thinking,
and he will make the assumption that there are previous five year Strategic Plans, and there
are documents codified somewhere what the accomplishments were every five years.
13
Commissioner Bunting concurred with Mr. William’s comments and stated when she
first came to the organization in 1989, the City was in the process of an update. In that
particular timeframe, many of the ideas that came out of that Strategic Plan are active
components of the City government today. For instance, the Healthy Families Partnership,
Healthy Start program, Parenting programs, etc., were all envisioned back in the early 90’s.
The Neighborhood Initiative and how it ultimately came to be fostered to include not only the
Neighborhood Department, but the Neighborhood College, the Neighborhood College
Alumni program, and the Neighborhood Commission were outgrowths of the 1990 and 1995
update to the Hampton Community Plan. There are specific concrete actions that come out
of the Hampton Strategic Plan efforts; many of which are living breathing organisms today.
She stated roughly every five years, staff updates the Hampton Strategic Plan element of
the Hampton Community Plan, and that is why staff reinitiated it this year because it was
time to do that again.
In response to a question by Vice-Chairman McCloud, Mr. O’Neill stated the meeting
on Thursday, March 10th will be at the Ruppert Sargent Building, Veteran’s Conference
Room, first floor beginning at 6:30 p.m.
Commissioner Bunting wanted to remind the Commission and viewing audience that
the City is in the process of the community polling for the City budget priorities for fiscal year
2012. An event will be held this evening at Jones Middle School where audience
participation polling will take place from 7:00 p.m. to 9:00 p.m. Another one will be held on
Saturday morning at the Teen Center facility, but it is not restricted to the young members of
the community, but open to everyone. There is also the online polling which can be
accessed through the City’s web page www.Hamptonvalues.com or the www.Hampton.gov
web page. She hoped that the Commissioners would take the opportunity to participate in
either event, or the online polling so that their perspective can be heard as part of this
important process. She encouraged the rest of the citizenry to do so as well. Also being
scheduled are organizational chats or opportunities for neighborhood or other organized
groups who would like to have a more in-depth conversation about the budget. She sees
the whole month of March as an active budget engagement opportunity for residents and
organizations alike.
Vice-Chairman McCloud stated in regards to the planning process, he had the
opportunity to participate in the 1989 process which was painful. He mentioned meeting
after meeting, and implementation, and that it is still going on as far as he is concerned. He
wanted to give accolades to the City for doing this process. He stated the concern comes in
regarding the budget and the opportunity to do things and thinking out of the box. A lot of
things surfaced from those meetings that will not happen because it cannot. He was on the
first Neighborhood Commission and a lot of the initiatives he worked with, and programs and
work that is going on in Downtown Hampton came out of those visions and sessions. He
stated there is a document, and a lot of effort went into them, and now it is a continuation of
the process.
14
ITEM VII. ITEMS BY THE PUBLIC
There were no items by the public.
ITEM VIII. MATTERS BY THE COMMISSION
There were no items by the Commission.
ITEM IX. ADJOURNMENT
There being no further business, the meeting adjourned at 5:57 p.m.
Respectfully submitted,
_______________________________
Terry O’Neill
Secretary to Commission
APPROVED BY:
________________________________
James Young
Chairman
15
Agenda
PLANNING COMMISSION
City of Hampton, Virginia
CHAIRMAN: James Young VICE-CHAIRMAN: Andre McCloud
COMMISSIONERS: Carlton Campbell, Gaynette LaRue, Gregory Williams,
Donnie Tuck, Mary Bunting
WORK SESSION
March 3, 2011 @ 3:00PM – Lawson Conference Room
I. Questions about agenda items
MEETING AGENDA
March 3, 2011 @ 3:30 PM – City Council Chambers
I. Call to Order
II. Roll Call
III. A. Minutes of the January 6, 2011 Work Session, and Planning Commission Meeting
B. Correction to the December 2, 2010 Planning Commission minutes
IV. Staff Reports
A. Youth Planner Report
V. Public Hearing Items
A. Rezoning Application No. 1293-2010 by the Hampton Redevelopment and Housing
Authority to rezone 0.17+ acres at 723 Old Point Avenue [LRSN 13002684] from One
Family Residence District (R-9) to Multiple Dwelling District (MD-2) for a clubhouse
associated with the adjacent Old Point Townhomes. R-9 allows up to 6.5 units per acre,
and MD-2 allows up to 16 units per acre. The Hampton Community Plan (2006, as
amended) recommends medium density residential in this area, and the Phoebus Master
Plan (2007, as amended) recommends a single family residential street along Old Point
Avenue with townhomes located on the interior portion of the site. Staff Contact: M.
Hayes, 728-5244 or mdhayes@hampton.gov.
B. Conditional Privilege Application No. 116-2011 by Peninsula Town Center, LLC, to
allow live entertainment at Terra Restaurant and Bar at 2330 McMenamin Street [LRSN
13002022]. The restaurant is part of the larger 77± acre Peninsula Town Center
development and is zoned Limited Commercial (C-2), which permits live entertainment
in conjunction with a restaurant subject to securing a Conditional Privilege. The
Hampton Community Plan (2006, as amended) recommends commercial for this area.
Staff Contact: D. Stromberg, 728-5233 or dstromberg@hampton.gov.
C. Zoning Ordinance Amendment 023-2011: Ordinance to amend and reenact the Zoning
Ordinance of the City of Hampton, Virginia by amending and reenacting sections 3-5,
3.1-6, 3.2-6, 3.3-6, 3.4-6, 4-5, 5-5, 6-5, 7-5, 8-5, 9-5, 10-2, 10-8(3), 10-19(3), 10-30(3),
10.1-2, 10.1-5, 12-1,13-1,15-1(1), 17.3-24(5), 18-4, 18-7, 19-1 and 19-2 by deleting the
term “churches” and replacing with the term “religious facilities” as set forth in chapter
2.1-144 of the zoning ordinance. Staff Contact: Sr. Deputy City Attorney Vanessa T.
Valldejuli; phone: 728-5172, vvalldejuli@hampton.gov.
D. Public Hearing-no action
Zoning Ordinance Amendment 021-2010: Ordinance to amend and reenact chapter 18
of the Zoning Ordnance of the City of Hampton, Virginia entitled “General Provisions”
by amending section 18-9 pertaining to fence and wall regulations. Staff Contact: J.
Conkle, 728-5229 or jconkle@hampton.gov.
E. Public Hearing – no action
Zoning Ordinance Amendment 022-2010 by the City of Hampton to amend and re-
enact Chapter 1 of the Zoning Ordinance of the City of Hampton, Virginia entitled
“Zones and General Provisions” by amending section 1-2 pertaining to zoning maps and
adding section 1-5 pertaining to aircraft noise and aircraft accident potential zones and
boundaries and section 1-6 pertaining to special regulations regarding discretionary
zoning applications in air installation compatible use zones (AICUZ). Staff Contact: D.
Stromberg, 728-5233 or dstromberg@hampton.gov.
F. Public Hearing – no action
Zoning Ordinance Amendment 024-2011: Ordinance to amend and reenact chapter 18
of the Zoning Ordnance of the City of Hampton, Virginia entitled “General Provisions”
by amending section 18-16 pertaining to projections allowed in yards and courts. Staff
Contact: J. Conkle, 728-5229 or jconkle@hampton.gov.
VI. Planning Director’s Report
VII. Items by the Public
VIII. Matters by the Commission
IX. Adjournment
Protocol for Public Input at Planning Commission Meetings:
Hampton Planning Commission meetings are open to the public. The public is invited to attend meetings and to observe
the work and deliberations of the Planning Commission. The public may also address the Planning Commission on
public hearing items by signing up to speak. Public hearing sign-up sheets will be available until the specific item is
reached during the course of the meeting. Speakers will be recognized in the order in which they sign up and are asked
to state their name and address, to limit their comments to 3 minutes, and to avoid repeating comments made by previous
speakers.
As a courtesy to others during the meeting,
please turn off cellular telephones and pagers or turn them to vibrate.
COMMUNITY DEVELOPMENT/PLANNING DIVISION ●
1 FRANKLIN STREET SUITE 603 ● HAMPTON, VA 23669
Phone: (757-727-6140) ● Fax (757) 728-2449
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