Planning Commission Agendas & 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, MAY 5, 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 Commissioners Gaynette LaRue and Gregory Williams as absent. ITEM III. MINUTES A motion was made by Commissioner Carlton Campbell and seconded by Vice- Chairman Andre McCloud to approve the minutes of the April 7, 2011 work session and Planning Commission meeting. A roll call vote on the motion resulted as follows: AYES: Campbell, McCloud, Bunting, Tuck, Young NAYS: None ABST: None ABSENT: LaRue, Williams Public Hearing Procedures In the absence of Mr. Terry O’Neill, Secretary to the Commission, Mr. Keith Cannady, Planning Services Manager 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. Cannady read the public hearing item advertised in the Daily Press on April 22 and 29, 2011. A. Conditional Privilege Application No. 118-2011 by Dominion Ministries International, Inc. to operate a Day Care 3 in an existing church located at 925 Old Buckroe Road [LRSN 12002800]. The 0.82± acre site is zoned One Family Residence District (R-11) which permits a Day Care 3 subject to securing a conditional privilege. The Hampton Community Plan (2006, as amended) recommends public/semipublic uses 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 request is to operate a Day Care 3 facility for a maximum of 40 children ages 2.5 to 6 years old from 6:00 a.m. to 6:00 p.m. Monday through Friday located at 925 Old Buckroe Road. The request is consistent with the Hampton Community Plan (2006, as amended) which encourages the nurturing of children in the Hampton community. Staff support the request, and therefore recommend approval of Conditional Privilege Application No. 118-2011, subject to eleven (11) conditions. After discussion, the Commission approved the following resolution: WHEREAS: the Hampton Planning Commission has before it this day Conditional Privilege Application No. 118-2011, a proposal by Dominion Ministries International, Inc. to operate a Day Care 3 in an existing church on a 0.82± acre site located at 925 Old Buckroe Road [LRSN 12002800]; WHEREAS: the applicant requests a Conditional Privilege for a Day Care 3 to allow a maximum of 40 children ages 2.5 to 6 years old from 6:00 AM to 6:00 PM Monday through Friday; WHEREAS: the site is zoned One Family Residence District (R-11) which permits a Day Care 3 subject to securing a Conditional Privilege; WHEREAS: the proposal is consistent with the land use recommendations of the Hampton Community Plan (2006, as amended) which recommends Public/Semi-public uses for this area, wherein institutional uses such as day care centers are acceptable; WHEREAS: the proposal also promotes early childhood education and a nurturing environment for youth as recommended in the Community Plan; WHEREAS: no opposition was expressed from the six attendees of a community meeting that was held on May 2, 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 Andre McCloud, BE IT RESOLVED that the Hampton Planning Commission recommends approval of Conditional Privilege No. 118-2011, subject to eleven (11) conditions. A roll call vote on the motion resulted as follows: AYES: Campbell, McCloud, Bunting, Tuck, Young NAYS: None ABST: None ABSENT: LaRue, Williams 2  Mr. Cannady read the next public hearing item. B. Zoning Ordinance Amendment 025-2011 to amend and re-enact the Zoning Ordinance of the City of Hampton, Virginia by deleting sections 3-1(28), 3.1-2(8), 3.2- 2(8), 3.3-2(8), 3.4-2(8), 4-1(9) and 5-1(18) pertaining to “Garage and Yard Sales.” AND C. Zoning Ordinance Amendment 026-2011 to amend and re-enact the Zoning Ordinance of the City of Hampton, Virginia by amending chapter 18 “General Provisions” by adding a new section 18.24 entitled “Garage and Yard Sales.” Ms. Rashida Costley-Clark, City Planner, presented the staff report, a copy of which is attached hereto and made a part hereof. The proposed amendment is to allow community and neighborhood groups the opportunity to purchase garage and yard sale permits which is currently not allowed. The proposed amendment would allow each community or neighborhood group to pay a flat fee of $20 regardless of the number of participants or zoning of the property. The recommendation has been endorsed by the Hampton Neighborhood Commission and reviewed by the Zoning Ordinance Advisory Committee (ZOAC). Staff support the request, and therefore recommend approval of Zoning Ordinance Amendment 025-2011 and 026-2011. After discussion, the Commission approved the following resolution: WHEREAS: the Hampton Planning Commission has before it this day Zoning Ordinance Amendment 025-2011 by the City of Hampton to amend and reenact by deleting the following sections: 3-1(28), 3.1-2(8), 3.2-2(8), 3.3-2(8), 3.4-2(8), 4- 1(9) and 5-1(18) and Zoning Ordinance Amendment 026-2011 to amend and re-enact chapter 18 “General Provisions” by adding a new section 18.24 entitled “Garage and Yard Sales”; WHEREAS: relocating the existing garage and yard sale provisions from the existing chapters of the Zoning Ordinance as set forth in Zoning Ordinance Amendment 025-2011 to the General Provisions chapter 18 of the Zoning Ordinance as set forth in Zoning Ordinance Amendment 026-2011 will allow greater flexibility with respect to garage and yard sale applications; WHEREAS: the intent of the amendments is to allow and individual neighborhood groups to purchase garage and yard sale permits; WHEREAS: the proposed amendment will allows both individual and neighborhood applicants located in single family, duplex, and townhouse residential structures to purchase garage and yard sale permits regardless of underlying zoning; 3 WHEREAS: staff has discussed these amendments with the Hampton Neighborhood Commission and the Zoning Ordinance Advisory Committee who support the recommendations; and WHEREAS: there were no speakers at the public hearing. NOW, THEREFORE, on a motion by Commissioner Andre McCloud, and seconded by Commissioner Donnie Tuck, BE IT RESOLVED that the Hampton Planning Commission recommends to City Council approval of the proposed Zoning Ordinance Amendments. A roll call vote on the motion resulted as follows: AYES: Campbell, McCloud, Bunting, Tuck, Young NAYS: None ABST: None ABSENT: LaRue, Williams Mr. Cannady read the next public hearing item. D. Zoning Ordinance Amendment 028-2011: Ordinance to amend and reenact Article V of the Zoning Ordinance of the City of Hampton, Virginia entitled “Flood Zone District” by (a) amending section 17.3-31.1 pertaining to enabling authority, section 17.3-31.3 pertaining to compliance, section 17.3-32.CC pertaining to the addition of the definition of violation and amending former section 17.3-32.CC pertaining to the definition of watercourse to new section 17.3-32.DD, section 17.3-33.1 pertaining to the adoption date of the new Flood Insurance Study and Flood Insurance Rate Map and the establishment of zoning districts, section 17.3-33.2 pertaining to the official zoning map, and 17.3-34.4.B pertaining to standards for approximated floodplain, and (b) adding section 17.3-31.6 pertaining to jurisdictional boundary changes, section 17.3-33.5 pertaining to submitting technical data, and section 17.3-33.6 pertaining to letters of map revision, as required by the Virginia Department of Conservation and Recreation. Mr. Steve Shapiro, Deputy Director of Community Development, presented the staff report, a copy of which is attached hereto, and made a part hereof. The proposed amendment is a housekeeping measure to add additional text to the City’s ordinance to accommodate the flood zones on Hampton‘s Flood Insurance Rate maps. Staff respectfully requests that the Commission approve the proposed amendment. After discussion, the Commission approved the following resolution: WHEREAS: the Hampton Planning Commission has before it this day Zoning Ordinance Amendment No. 028-2011 by the City of Hampton to amend and reenact Article V of the Zoning Ordinance of the City of Hampton, Virginia entitled “Flood Zone District” by (a) amending section 17.3-31.1 pertaining to enabling authority, section 17.3-31.3 pertaining to compliance, section 17.3-32.CC 4  pertaining to the addition of the definition of violation and amending former section 17.3-32.CC pertaining to the definition of watercourse to new section 17.3-32.DD, section 17.3-33.1 pertaining to the adoption date of the new Flood Insurance Study and Flood Insurance Rate Map and the establishment of zoning districts, section 17.3-33.2 pertaining to the official zoning map, and 17.3-34.4.B pertaining to standards for approximated floodplain, and (b) adding section 17.3-31.6 pertaining to jurisdictional boundary changes, section 17.3-33.5 pertaining to submitting technical data, and section 17.3-33.6 pertaining to letters of map revision, as required by the Virginia Department of Conservation and Recreation; WHEREAS: the Commission recommended approval (July 1, 2010), and Council adopted the new Article V, chapter 17.3-31 through 17.3-36 on August 11, 2010 the flood zones shown on Hampton’s Flood Insurance Rate Maps (as updated by FEMA); WHEREAS: at the time the ordinance was adopted by City Council the City had not received the final flood elevation determination letter from FEMA, which initiates the adoption of the new maps; WHEREAS: the FEMA determination letter was received by the City on February 16, 2011 with an effective date of August 16, 2011 for the new maps; WHEREAS: on March 28, 2011, the Virginia Department of Conservation and Recreation (DCR) advised the City that several additional text amendments to the City’s ordinance were needed as a result of FEMA’s recent review of the State’s model ordinance which the City adopted on August 11, 2010; WHEREAS: this ordinance amendment fulfills DCR’s requirement and completes the map adoption process; and WHEREAS: there were no speakers at the public hearing. NOW, THEREFORE, on a motion by Commissioner Carlton Campbell, and seconded by Commissioner Andre McCloud, BE IT RESOLVED that the Hampton Planning Commission recommends approval of Zoning Ordinance Amendment No. 028-2011. A roll call vote on the motion resulted as follows: AYES: Campbell, McCloud, Bunting, Tuck, Young NAYS: None ABST: None ABSENT: LaRue, Williams 5  Mr. Cannady read the next public hearing item. E. Public Hearing-no action Ordinance Amendment: Ordinance to amend and re-enact chapter 35 of the City Code of the City of Hampton, Virginia entitled “Subdivisions” and to establish or increase fees for review and administration of subdivision ordinance as authorized by Va. Code § 15.2-2241.A.9. Mr. Thomas Jordan, Senior City Planner, presented the staff report, a copy of which is attached hereto and made a part hereof. The proposed amendment is to bring the Subdivision Ordinance into conformance with the Virginia Code provisions, and to be more user friendly through a chronological flow; modernize and simplify the language; codify and refine the existing process; clarify and streamline the procedures; promote consistency of codes and policies; revise the fee schedule; provide flexibility to address emerging development trends and implement better goals and policies from the Hampton Community Plan (2006, as amended). No action. The amendment will be presented at the June pubic hearing. 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 3:58 p.m. Respectfully submitted, _______________________________ Terry O’Neill Secretary to Commission APPROVED BY: ________________________________ James Young Chairman 6