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, SEPTEMBER 1, 2011 AT 3:30 P.M. ITEM I. CALL TO ORDER Vice Chairman Andre McCloud called the Planning Commission meeting to order. ITEM II. ROLL CALL A call of the roll noted Chairman James Young and Commissioner Carlton Campbell were absent. ITEM III ELECTION OF OFFICERS A. Election of Chairman Mr. Terry O’Neill, Secretary to the Commission, opened the floor for nominations of Chairman to the Hampton Planning Commission. A motion was made by Commissioner Gregory Williams to nominate Commissioner Carlton Campbell as Chairman to the Hampton Planning Commission. A motion was made by Commissioner Mary Bunting to nominate Vice-Chairman Andre McCloud as Chairman to the Hampton Planning Commission. The nominations for Chairman were closed. A roll call vote on the motion for Commissioner Carlton Campbell as Chairman to the Planning Commission resulted as follows: AYES: LaRue, Williams, Bunting NAYS: McCloud ABST: Tuck ABSENT: Campbell, Young As there was an affirmative vote on the nomination for Mr. Campbell Mr. O’Neill stated there is no need proceed on the second nomination unless those voting members wish to do so. B. Election of Vice-Chairman Due to the absence of the newly elected Chairman Carlton Campbell, Mr. Terry O’Neill, Secretary to the Commission opened the floor for nominations of Vice Chairman to the Hampton Planning Commission.  A motion was made by Commissioner Gaynette LaRue to nominate Commissioner Gregory Williams as Vice Chairman of the Hampton Planning Commission. A roll call vote on the motion resulted as follows: AYES: LaRue, McCloud, Bunting NAYS: None ABST: Williams, Tuck ABSENT: Young, Campbell ITEM IV. MINUTES A motion was made by Commissioner Mary Bunting and seconded by Commissioner Donnie tuck to approve the minutes of the August 4, 2011 work session and Planning Commission meeting. A roll call vote on the motion resulted as follows: AYES: LaRue, Williams, McCloud, Bunting, Tuck NAYS: None ABST: None ABSENT: Young, Campbell ITEM V. STAFF REPORTS A. Youth Planner Report James Payne, Junior Youth Planner updated the Commission on what the Youth Planners have been doing. The Youth Commission went to retreats in July and August and for the first time there are three leadership groups: the Neighborhood Youth Advisory Board; the Teen Center Advisory Board; and the Hampton Youth Commission. He stated the focus of each. The Neighborhood Youth Advisory Board consists of teens working together to better neighborhoods in the city of Hampton; the Teen Center Advisory Board focuses on the problems within the teen center itself; and the Hampton Youth Commission focuses on all of the teen problems within Hampton. This year the Hampton Youth Commission decided to focus on two goals: (1) Improve the youth and adult relationship; (2) Places to go and things to do. The “Places to go and things to do” works well with the task the Youth Planners have received from the fellow Planners with whom they work. The three tasks they have started are: The Wythe School Parking Survey (which is almost finished); updating of the “Friendly Business List”; and updating of the Youth Component. The Wythe School Parking Survey was a good first step in getting their feet wet and figuring out what the Planning Division does. The second one is in the brainstorming phase and is the updating of the “Friendly Business List” which goes hand in hand with the Youth Commission and the work on “Places to go and things to do”. Last but very important is the updating of the Youth Component, which is a guide for the Youth Commission, the Neighborhood Youth Advisory Board and the Teen Center Advisory Board throughout the City of Hampton to make making Hampton the most livable city in Virginia. Commissioner Donnie Tuck asked Mr. Payne what the Youth Commission’s strategy was for improving youth and adult relationships. Mr. Payne stated they wanted to work on the process: learn how to proceed on a task and be able to gain better respect of adults. Mr. Terry O’Neill stated the youth element of the Community Plan has a listing of strategic issues that young people have identified and Youth and Adult Relationships is one of those. As James described at the beginning of each Youth Commission year, which usually coincides with the school year, they meet and go through that document and through discussion they process and identify which of those is a priority for this commission. As James described they will work to flesh out specifics and more detailed actions they would like to pursue at their next work sessions and come back before the Commission or Council to ask for their support so they can go forward. 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. VI. Public Hearing Items Mr. Terry O’Neill read the public hearing item advertised in the Daily Press on August 19 and 26, 2011. A. Zoning Ordinance Amendment 031-2011: Ordinance to amend and reenact the Zoning Ordinance of the City of Hampton, Virginia by amending and reenacting sections 3.1-10(2), 3.2-10(2), 3.3-4(2), 3.3-10(2), 3.4-10(2), 10.1-2(4), 17.2-3(3)(a) wherein references to “R-OS” are deleted to comply with the deletion of the Residential Open Space (R-OS) District on November 8, 1978 and by amending and reenacting sections 20-3 and 20.1-5 wherein references to “R-OS” are deleted and the public hearing provisions are amended to comply with Virginia Code §15.2-2204. Ms. Vanessa Valledejuli, Senior Deputy Attorney, stated the amendment is a housekeeping item to clean up the discrepancies found during the review of the subdivision ordinance that references to R-OS that remained in the text of the Zoning Ordinance. This proposed amendment cleans up the discrepancies. Additionally the amendments to sections 20-3 and 20.1-5 not only delete the references to R-OS but also amend the public hearing provisions to comply with the state code provision governing notice of public hearings in land use matters. Referencing Virginia Code § 15.2-2204 will avoid having to go back to the Planning Commission and Council every time the General Assembly makes a change. The notice requirements have not been weakened in any way. There are no substantive changes proposed. The Commission approved the following resolution: WHEREAS: Hampton Planning Commission has before it this day proposed Ordinance Amendment No. 031-2011 to amend and reenact the Zoning Ordinance of the City of Hampton, Virginia by amending and reenacting sections 3.1-10(2), 3.2-10(2), 3.3-4(2), 3.3-10(2), 3.4-10(2), 10.1-2(4), and 17.2-3(3)(a) wherein references to “R-OS” are deleted to comply with the deletion of the Residential Open Space (R-OS) District on November 8, 1978, and by amending and reenacting sections 20-3 and 20.1-5 wherein references to “R-OS” are deleted and the public hearing provisions are amended to comply with Virginia Code §15.2-2204. WHEREAS: The intent of the amendments is to eliminate references to Residential Open Space District (R-OS) in the zoning ordinance text, which designation had been repealed by City Council in 1978, and to amend the public hearing provisions in sections 20-3 and 20.1-5 by referencing Virginia Code § 15.2-2204 to avoid having to go back to the Planning Commission and Council every time the General Assembly makes a change; and WHEREAS: There were no speakers. NOW THEREFORE, on a motion by Commissioner Mary Bunting and seconded by Commissioner Gaynette LaRue, BE IT RESOLVED that the Hampton Planning Commission does recommend to City Council approval of the zoning ordinance amendments (No. 031-2011) referenced above. A roll call vote on the motion resulted as follows: AYES: LaRue, McCloud, Bunting, Tuck, Williams NAYS: None ABST: None ABSENT: Young, Campbell B. Zoning Ordinance Amendment 032-2011: Ordinance to amend and re-enact chapter 24 of the Zoning Ordinance of the City of Hampton, Virginia entitled  “Amendment of Ordinance” by amending section 24-8(2) pertaining to the number of votes of Councilmembers required to amend an ordinance in accordance with section 3.05 of the City’s Charter and section 2-49 of the City Code and reconsideration of a vote in accordance with section 2-48 of the City Code. Ms. Vanessa Valledejuli, Senior Deputy Attorney stated the City Council adopted the amendments to chapter 24 of the Zoning Ordinance on September 8, 2010. It was recently discovered that section 24-8(2) pertaining to the number of votes of Councilmembers required to amend zoning ordinances did not comply with section 3.05 of the Charter and section 2-49 of the City Code which requires the affirmative vote of at least 4 members of council. Additionally, the reconsideration of a vote, which is set forth in the same section, was amended to comply with section 2-48 of the City Code. This amendment cleans up the discrepancies. The Commission approved the following ordinance: WHEREAS: Hampton Planning Commission has before it this day proposed Ordinance Amendment No. 032-2011 to amend and re-enact chapter 24 of the Zoning Ordinance of the City of Hampton, Virginia entitled “Amendment of Ordinance”; WHEREAS: The intent of the amendment is to eliminate the conflict between the current provision in section 24-8(2) and section 3.05 of the City’s Charter and section 2-49 of the City Code pertaining to the number of votes required for Council to amend an ordinance and section 2- 48 of the City Code regarding the reconsideration of a vote of City Council; and WHEREAS: There were no speakers. NOW THEREFORE, on a motion by Commissioner Andre McCloud and seconded by Commissioner Gaynette LaRue, BE IT RESOLVED that the Hampton Planning Commission does recommend to City Council approval of the zoning ordinance amendment (No. 032-2011) to chapter 24 - Amendment of Ordinance. A roll call vote on the motion resulted as follows: AYES: LaRue, McCloud, Bunting, Tuck, Williams NAYS: None ABST: None ABSENT: Young, Campbell C. Zoning Ordinance Amendment 034-2011: Ordinance to amend and reenact chapter 18 of the Zoning Ordinance of the City of Hampton, Virginia by deleting section 18-12 pertaining to lots of unusual depth. Ms. Vanessa Valledejuli, Senior Deputy Attorney, stated this section of the ordinance is to be amended by deleting section 18-12 of the Zoning Ordinance pertaining to lots of unusual depth as a result of the new subdivision ordinance and placing flag lots in an exception category. It is being deleted because of conflict with the ordinance. It creates referrals to the Board of Zoning Appeals. By deleting this section it is now in compliance with the ordinance. This will still be review by the Commission but it will cut down on conflicts, meaning problems caused by creating flag lots. The Commission approved the following ordinance: WHEREAS: Hampton Planning Commission has before it this day proposed Zoning Ordinance Amendment No. 034-2011 to amend and re- enact chapter 18 of the Zoning Ordinance of the City of Hampton, Virginia entitled “General Provisions” by deleting section 18-12 pertaining to lots of unusual depth; WHEREAS: The intent of the amendment is to eliminate the conflict between the current provision in chapter 18 and the subdivision ordinance (chapter 35 of the City Code) which prohibits the creation of “flag lots”. WHEREAS: With the deletion of section 18-12, a request for the creation of flag lots will be handled as an exception to the subdivision ordinance requiring a public hearing before the Planning Commission and Council inasmuch as such lots may have an adverse impact on adjacent properties and the public health, safety, and welfare; and WHEREAS: There were no speakers. NOW THEREFORE, on a motion by Commissioner Gaynette LaRue, and seconded by Commissioner Mary Bunting, BE IT RESOLVED that the Hampton Planning Commission does recommend to City Council approval of zoning ordinance amendment No. 034- 2011 to chapter 18 - General Provisions.  A roll call vote on the motion resulted as follows: AYES: LaRue, McCloud, Bunting, Tuck, Williams, NAYS: None ABST: None ABSENT: Young, Campbell D. Community Plan Amendment 018-2011 by the City of Hampton to amend the Peninsula Multi-Jurisdictional Hazard Mitigation Plan, by adopting the Peninsula Hazard Mitigation Plan 2011 Update. The updated version of the Peninsula Multi- Jurisdictional Hazard Mitigation Plan called Peninsula Hazard Mitigation Plan 2011 Update provides updated Hazard Identification & Risk Assessment information, Mitigation Actions, and Repetitive Flood Loss Analysis for Hampton. The plan, as well as its implementation, review, and maintenance, are required under the Disaster Mitigation Act of 2000. Ms. Sara Ruch, Acting Emergency Management Coordinator stated the Peninsula Hazard Mitigation Plan 2011 Update is an update to the Peninsula Multijurisdictional Natural Mitigation Plan that was adopted in September 2006. This plan was prepared in accordance with the requirements of the “Disaster Mitigation Act of 2000,” which reinforces the importance of pre-disaster infrastructure mitigation planning to reduce disaster losses, streamline federal disaster relief programs, promote mitigation activities, develop effective public educational policies regarding mitigation, and obtain disaster-related grants in the aftermath of a disaster. The Peninsula jurisdictions of Newport News, Hampton, Williamsburg, James City County, and York County agreed to work under a regional grant from the Virginia Department of Emergency Management (VDEM). While the end product is a regional plan, the planning process was done for each separate jurisdiction and then an overall approach. This provides a Hampton specific plan within the context of the overall plan. The Hazard Mitigation Plan must be updated every five years to include changes in natural hazard vulnerability, new hazard events data, and reconsideration of mitigation actions. Updates from 2006 plan include revised modeling for risk assessment, additional public outreach meetings, and revised goals and objectives. A revised Hazard Identification and Risk Assessment (HIRA) section was created using recent data and modeling techniques. A public outreach meeting was held on June 23, 2011 at Sandy Bottom Nature Park. Goals from the 2006 plan were either continued in either their current form, revised, or combined with other  goals; new goals were also created. Based on the HIRA and revised goals, a total of 31 mitigation actions specific to Hampton were included in the plan. The 2011 update also includes Appendix G, which is an update of the Appendix L repetitive flood loss analysis adopted in February 2010. This appendix includes the most recent numbers of repetitive loss and severe repetitive loss properties as identified by the Virginia Department of Emergency Management. Adoption of Appendix G will enable the city to maintain enrollment in the Community Rating System, resulting in a continued reduction of insurance premiums for residents. Ms. Sara Ruch explained when asked by Commissioner Tuck that plans for snow removal would be handled with messaging through the 311 system and other types of messaging such as press releases. There is not enough equipment to do all street removal; main roadways will be cleared, Commissioner Mary Bunting stated that information is pushed out during storm events. There was the use of reverse 911 messaging. Those with Smart phones and access to Facebook got messaging. There is also messaging by radio, television and distributing flyers by walking through neighborhoods. Community centers may be considered as contact locations. The City is trying to get information out prior to events. Councilman Donnie Tuck asked about requests for property elevation and Ms. Sara Ruch replied that there had been only one request. Work is done by an SRL list (severe repetitive loss program). Commissioner Mary Bunting stated there is 2.5 million dollars in the budget for a loan program to help those who do not qualify through other routes to help with home elevations. Council cannot give direct grants so they work with the Housing Authority. Commissioner Gregory Williams asked if Hampton has an emergency disaster plan that would apply to manmade problems. Ms. Sara Ruch replied they do. Commissioner Mary Bunting stated there are various manmade problems like a pandemic problem. An earthquake was not in the plan, but an earthquake annex will be adopted. WHEREAS: the Hampton Planning Commission has before it this day a request by the City of Hampton to amend the Peninsula Multi-Jurisdictional Natural  Hazards Mitigation Plan by adopting the Peninsula Hazard Mitigation Plan 2011 Update (Community Plan Amendment 018-2011); WHEREAS: the Peninsula Multi-Jurisdictional Natural Hazards Mitigation Plan was approved by Hampton City Council in September 2006. This Plan was prepared in accordance with the requirements of the Disaster Mitigation Act of 2000, which reinforces the importance of pre-disaster infrastructure mitigation planning to reduce losses, streamline federal disaster relief programs, promote mitigation activities, develop effective public educational policies regarding mitigation, and obtain disaster-related grants in the aftermath of a disaster; WHEREAS: the Hazard Mitigation Plan must be updated every five years to include changes in natural hazard vulnerability, new hazard events data, and reconsideration of mitigation actions; WHEREAS: the Peninsula jurisdictions of Newport News, Hampton, Williamsburg, James City County, and York County have worked under a regional grant from the Virginia Department of Emergency Management to update the regional plan; WHEREAS: the update includes revised hazard risk assessment and recommended goals such as increased public outreach, infrastructure improvements, applying for grant funding, and ordinance amendments; WHEREAS: the adoption of Appendix G, the Repetitive Flood Loss Analysis of Hampton, will allow the city to maintain the requirements of enrollment in the Community Rating System, which results in a substantial reduction of residents’ insurance premiums and improved mitigation of losses from natural disasters; WHEREAS: a community meeting was held on June 23, 2011 at Sandy Bottom Nature Reserve; and WHEREAS: there were no speakers at the public hearing. NOW, THEREFORE, on a motion by Commissioner Gaynette LaRue, and seconded by Commissioner Andre McCloud, BE IT RESOLVED that the Hampton Planning Commission recommend approval of Plan Amendment No. 018-2011. A roll call vote on the motion resulted as follows: AYES: LaRue, McCloud, Bunting, Tuck, Williams  NAYS: None ABST: None ABSENT: Young, Campbell VII: PLANNING DIRECTOR’S REPORT A. Update on the CIP Process for Fiscal Year 2013 Terry O’Neill stated the CIP process is being worked on. Updates will be provided. A schedule has been provided and the Commission will be on Board with more details with the process. VIII. ITEMS BY THE PUBLIC There were no items by the public. IX. MATTERS BY THE COMMISSION There were no items by the Commission. X. ADJOURNMENT; The meeting was adjourned at 4:25PM. Respectively submitted, ____________________________ Terry O’Neill APPROVED BY: _________________________ Gregory Williams Vice Chairman