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, AUGUST 4 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 were all present. ITEM III. MINUTES A motion was made by Commissioner Donnie Tuck and seconded by Vice- Chairman Andre McCloud to approve the minutes of the June 2, 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 Mr. Michael Bock, Youth Planner/Program Assistant introduced the newest members of the Planning Division, Youth Planners, Evelyn Baumgardner and James Payne, who are area high school students. As Mr. Bock gave the following commentary and an update on the Youth Planner Program, Evelyn and James performed a short skit transforming them from students to young adults working in the business community. Mr. Bock stated workshops on skills useful to their duties have been provided and he has been mentoring them on fulfilling their responsibilities. They have attended the Youth Commission Boot Camp – a two-day training offered to new Youth Commissioners and Youth staff; and they began providing staff support to the Youth Commission at the youth Civic Engagement retreat held at Williams and Mary on July 25th and 26th. The Youth Commission joined with members of the Neighborhood Youth Advisory Board, the Superintendant’s Advisory Group and the Teen Center Advisory Board for a two-day retreat that started on July 25tth. This retreat offered each of the groups an opportunity to engage with each other while also allowing each of the groups to establish their goals for the upcoming year. Ms. Baumgardner and Mr. Payne will continue providing staff support to the Hampton Youth Commission. They have also been working on a project studying the parking patterns and availability around the Wythe Elementary School building, ball fields and the Wythe Fire Station. The building no longer serves as a school and the parking study will provide insight into the existing demands on the area with the swim meets, baseball games and practices occurring during the summer and this information will be important as the City of Hampton considers repurposing the building in the future. ITEM V. PRELIMINARY SUBDIVISON PLAT A. Preliminary Subdivision Plat: Tarrant Trace: Section One by A.D. Potts & Associates, Inc. for Arlington Chisman, Jr., to subdivide 1.73+ acres for five (5) single- family residential lots. The property is currently a single unaddressed lot with the LRSN 6000736. Mr. Michael Hayes, Senior City Planner, presented the staff report, a copy of which is attached hereto and made a part hereof. This subdivision is proposed to be developed on an undeveloped parcel located on Butler Farm Road. The property is zoned One Family Residence District (R-11), and all surrounding parcels are zoned single family residential, either R-11 or R-9. The Hampton Community Plan (2006, as amended) recommends low density and this is one of the single family districts. There is a proposed new road and five lots within the subdivision and it also meets requirements of applicable codes and ordinances, and therefore staff supports and recommends approval of Tarrant Trace, Section One preliminary subdivision plat. In response to Jock Boardraye, 43 Butler Farm Road, as to the size of houses to be built if the lot is to be divided into five (5) houses, Mr. Hayes stated the ordinance allows one house per lot. The applicant is taking two acres and dividing it into five lots. He stated many of the houses on Butler Farm Road are in districts that allow smaller lots. Mr. O’Neill explained there are R-9 and R-11 lots on Butler Farm Road. . Vice Chairman Andre’ McCloud asked if the actual size of the R-11 lots would be 6,000 square feet. Mr. O’Neill stated they would not be 6,000 square feet; they would be a minimum of 9,000 square feet. After discussion, the Commission approved the following resolution: WHEREAS: the Hampton Planning Commission has before it this day a proposed 1.61+ acre subdivision by Arlington Chisman, Jr. at an unaddressed parcel[LRSN 6000736] along Butler Farm Road for five (5) single-family residential lots; WHEREAS: this site is in the One Family Residence District (R-11), which allows single family residential lots with a minimum street frontage of 70 feet and minimum lot size of 9,000 square feet; WHERAS: the Hampton Community Plan (2006, as amended) recommends low density residential land use; and WHEREAS: the “Tarrant Trace Section One” preliminary plat meets the requirements of the R-11 zoning district and other required codes and ordinances of the City of Hampton. NOW, THEREFORE, on a motion by Commissioner Mary Bunting and seconded by Commissioner Gaynette LaRue, BE IT RESOLVED that the Hampton Planning Commission recommends approval of the “Tarrant Trace Section One” preliminary subdivision plat. A roll call vote on the motion resulted as follows: AYES: Campbell, LaRue, Williams, McCloud, Bunting, Tuck, Young NAYS: None ABST: None ABSENT: None Public Hearing Procedures Mr. Terry O’Neill, Secretary to the Commission 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 July 22 and 29, 2011. Mr. O’Neill asked the Commission if they would hear both items for the Chesapeake- Portsmouth Broadcasting Corporation as a joint hearing with actions to be separate; Rezoning application No, 1295-2011 and Use Permit 1073-2011. The Commission concurred. A. Rezoning Application No. 1295-2011 by Chesapeake-Portsmouth Broadcasting Corporation to rezone a 3.1± acre lot located at 555 Michigan Drive (LRSN 2000240) from Multiple Residence District (R-M) to Neighborhood Commercial District (C-1) to allow a radio station. C-1 permits a radio station with an approved Use Permit. The applicant has proffered conditions which are  available for review in the Planning Division of the Community Development Department. Mr. Chris Dyser, 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 R-M to C-1 to allow a radio station within an existing building. The applicant has proffered conditions that would only permit the use of the site as a radio station. A radio station is a use first permitted in the C-1 district. The change of zoning is being requested in order to bring the existing land use of the site into conformance with the zoning ordinance. The site is currently occupied by the WTJZ AM radio station and three existing towers standing 197’ tall. The site is zoned Multiple Residence (R-M) District which requires a change in zoning to the C-1 district to allow continuation of the site as a radio station. Access to the tower will be off Michigan Drive via a 22’ easement paved road adjacent to the Horizon Apartments to the east of the tower site. The Hampton Community Plan (2006, as amended) recommends commercial land use for this site. The Land Use recommendations for this site reflect the existing uses of the site at the time of adoption of the Community Plan. The proposal is for a change in zoning that would comply with the Community Plan’s land use policy for this area of the city. Staff supports the proposed request and recommends approval of Rezoning Application 1295-2011, subject to 5 conditions. In response to a question by Commissioner McCloud about additional noise when adding an additional tower Mr. Dyser stated no it would not add additional noise. In response to a question by Commissioner Campbell about what warrants a rezoning when the radio station has been in operation if only a tower is being added, Mr. Dyser stated the rezoning is a matter of housekeeping and doing this will bring this use into where it is allowed in the ordinance. Mr. O’Neill stated staff is trying to phase out the R-M zoning designation. Chairman Young stated that had they not asked for another tower they would not have had to ask for a rezoning. In response to a question by Chairman Young, Mr. Dyser answered that the two people who attended the community meeting were a representative from the apartments and another citizen with questions. In response to a question by Chairman Young as to the fourth tower’s location, Mr. Dyser answered that it would be located behind the building.  In response to a question by Commissioner Campbell, Mr. Dyser stated the fencing currently there is what is required. In response to a question by Chairman Young, Mr. Dyser stated there is existing landscaping around the tower site and existing fencing and the applicant will just be filling in gaps along the property line. Commissioner Gaynette LaRue stated she is pleased to see the request is consistent with the Community Plan. Attorney for the applicant, Billy Millner, Jones, Blechman, Woltz & Kelly, recognized his co-attorney, Nick Hobbs. Mr. Millner expressed his appreciation to planner, Chris Dyser and other city personnel who assisted him during the application process. Mr. Millner stated the existing towers are inadequate. After hiring an engineer, going to the FCC, the site was studied and they went to a new location. The engineer pinpointed where the tower is to be. This site required more regulations and Mr. Dyser led them through the process. A new tower will afford a higher quality radio service for 1270 AM WTJC Christian Broadcasting channel. He mentioned Henry Hood was present to answer any technical questions. Mr. Millner stated when the FCC gives approval they have a time limit and the time for them expires September 18. He stated they had met with the adjacent apartment representative, Walter Hoffman and that the radio station would maintain the roadway to the tower. After discussion, the Commission approved the following resolution: WHEREAS: the Hampton Planning Commission has before it this day Rezoning Application No. 1295-2011, a proposal by Chesapeake-Portsmouth Broadcasting Corporation to rezone a 3.1+ acre lot located at 555 Michigan Drive (LRSN# 2000240) from Multiple Residence District (R-M) to Neighborhood Commercial District (C-1) to allow continuation of a radio station; WHEREAS: the change in zoning is being requested in order to bring the existing land use of the site into conformance with the zoning ordinance; WHEREAS: the site is located approximately 78+ feet south of I-64; WHEREAS: the applicant’s proposal is consistent with the land use recommendations of the Hampton Community Plan (2006, as amended) which designates commercial land use for this site; WHEREAS: the applicant has proffered conditions which include the sole use of the  property to remain as a radio station and all other commercial uses would be excluded; WHEREAS: two (2) members of the public attended a community meeting that was held on July 13, 2011; WHEREAS: the applicant spoke on behalf of their application; and WHEREAS: there were no other members of the public that spoke at the public hearing. NOW, THEREFORE, on a motion by Commissioner Donnie Tuck and seconded by Commissioner Gregory Williams, BE IT RESOLVED that the Hampton Planning Commission recommends approval of Rezoning Application No. 1295-2011, subject to five (5) proffered conditions. A roll call vote on the motion resulted as follows: AYES: Campbell, LaRue, Williams, McCloud, Tuck, Bunting, Young NAYS: None ABST: None ABSENT: None After discussion, the Commission approved the following resolution: B. Use Permit Application No. 1073-2011 by Chesapeake-Portsmouth Broadcasting Corporation to allow construction of 197’ tower within a 45’X45’ equipment compound area located at 555 Michigan Drive [LRSN 2000240]. The 3.1+ acre lot is zoned Multiple Residence District (R-M) which permits a communications tower with an approved Use Permit. WHEREAS: the Hampton Planning Commission has before it this day Use Permit Application No. 1073-2011, a proposal by Chesapeake-Portsmouth Broadcasting Corporation to construct a 197’ freestanding communications tower within a 45’X45’ equipment compound area located at 555 Michigan Drive (LRSN# 2000240); WHEREAS: the applicant requests a Use Permit to allow construction of a 197’ tower that would accommodate space for a total of (3) carriers; WHEREAS: the site is currently zoned Multiple Residence District (R-M) which permits communications towers subject to securing a Use Permit; WHEREAS: the proposal is consistent with the land use recommendations of the Hampton Community Plan (2006, as amended) which recommends Commercial land use for this site; WHEREAS: the proposal also complies with the “Placement Hierarchy” within the Hampton Community Plan which supports placement of towers on sites occupied by existing towers; WHEREAS: eight (8) conditions related to the construction of the tower, including limiting the maximum height of the tower and tower removal due to inactivity are recommended in order to minimize the impact on the surrounding uses; WHEREAS: two (2) members of the public attended a community meeting that was held on July 13, 2011; WHEREAS: the applicant responded to the questions of the Commissioners; and WHEREAS: no other members from the public spoke. NOW, THEREFORE, on a motion by Commissioner Andre McCloud and seconded by Commissioner Mary Bunting, BE IT RESOLVED that the Hampton Planning Commission recommends approval of Use Permit No. 1073-2011, subject to eight (8) conditions. A roll call vote on the motion resulted as follows: AYES: Campbell, LaRue, Williams, McCloud, Tuck, Bunting, Young NAYS: None ABST: None ABSENT: None ITEM V. DIRECTOR’S REPORT There were no items by the Director. ITEM VI. ITEMS BY THE PUBLIC There were no items by the public. ITEM VII. MATTERS BY THE COMMISSION There were no items by the Commission. ITEM VIII. ADJOURNMENT There being no further business, the meeting adjourned at 4:10 p.m. Respectfully submitted,  _______________________________ Terry O’Neill Secretary to Commission APPROVED BY: ________________________________ James Young Chairman