Planning Commission Agendas & Minutes

AT THE WORK SESSION OF THE HAMPTON PLANNING COMMISSION HELD IN THE LAWSON CONFERENCE ROOM, 8TH FLOOR, CITY HALL, HAMPTON, VIRGINIA, ON THURSDAY, NOVEMBER 3, 2011 AT 3:00 P.M. Chairman Carlton Campbell, Commissioners Gregory Williams and Donnie Tuck were in attendance. Commissioners Gaynette LaRue, James Young, Andre McCloud and Mary Bunting were absent. Mr. Terry O’Neill, Secretary to the Commission opened the floor for questions and comments regarding the agenda items. Vanessa Valldejuli discussed the Zoning Ordinance amendments and explained definitions of “accessory structure” and “accessory building” and “small summer homes”. There being no further business, the meeting adjourned at 3:10 p.m. 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, NOVEMBER 3, 2011 AT 3:30 P.M. ITEM I. CALL TO ORDER Chairman Carlton Campbell called the Planning Commission meeting to order. ITEM II. ROLL CALL A call of the roll noted Commissioners Gaynette LaRue, Andre McCloud and Mary Bunting were absent. Commissioners Bunting and McCloud arrived during the reading of the first item in the Public Hearing Items. ITEM III MINUTES A motion was made by Commissioner Gregory Williams and seconded by Commissioner James Young to approve the minutes of the October 6, 2011 work session and Planning Commission meeting. A roll call vote on the motion resulted as follows: AYES: Young, Williams, Campbell NAYS: None ABST: Tuck ABSENT: LaRue, McCloud, Bunting ITEM IV. STAFF REPORTS A. Youth Planner Report James Payne, Junior Youth Planner stated the Committees of the Hampton Youth Commission are moving forward with the next steps in improving the issue of having places to go and things to do for teens in the City of Hampton. Each committee has identified the lack of variety of activities appealing to teens as a core issue. The Policy & Philanthropy/Publicity Committees will come up with various ways to approach the concerns for improving Hampton. The Philanthropy and Publicity Committee is also partnering with the Peninsula Town Center to develop ways of promoting the standards of conduct or community norms at the Peninsula Town Center. Also, on September 19th the commission narrowed down their focus on “Variety of Events”, which is simply advertising the events around Hampton for teens. The Committees then took a deeper look inside the problem with the Variety of Events. The Philanthropy and Publicity Committee came up with numerous ideas considering social networking sites as a way to grab the attention of teens around Hampton. The Hampton Youth Commission has just completed a Fall recruitment and welcomes 3 new members to the commission.  The Youth Planners have focused on supplying the Youth Commission with the information they need and using their facilitation skills to organize their meetings. The Hampton Wythe School Parking Survey has come to a close and the presentation is being prepared. The estimated date of the first draft presentation was by Tuesday October 25th. After the presentation Commissioner Tuck asked whose standards were being represented and James Payne stated they are Town Center’s. They want the standards expressed and publicly displayed in a youthful way that there be no skateboarders, no stealing, and no loitering. Commissioner Williams asked if the signs addressed cursing and James stated they do. Commissioner Young asked about the baggy pants issues, loud music and if it was necessary to drive through the Peninsula Town Center, questions which were from his 14 year old daughter. James Payne answers were that he would like the baggy pants issue addressed and all questions and ideas are being given to the Director of the Peninsula Town Center, Mr. Raymond Tripp. B. Update on the CIP Process for Fiscal Year 2013 Jonathan Mc Bride, Neighborhood Development Associate presented an update of the Capital Improvement Plan for FY 2013-FY2017. He stated additional meetings have been scheduled. On November 15, 2011 there will be a meeting at the Hampton Roads Convention Center and it is open for the public to attend. There will be a CIP Road Show where the update will be presented to different groups and it will also be posted on the website. There were no questions. 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. V. Public Hearing Items Mr. Terry O’Neill read the public hearing item advertised in the Daily Press on October 21 and 28, 2011. A. Zoning Ordinance Amendment No. 036-2011: Ordinance to amend and re- enact chapter 18 of the Zoning Ordinance of the City of Hampton, Virginia entitled “General Provisions” by (i) deleting section 18-1 pertaining to additional use requirements, section 18-10 pertaining to gasoline dispensing, and section  18-13 pertaining to lot area requirement for motel or tourist court, and (ii) amending section 18-18 (7) by deleting references to small summer homes. Vanessa Valldejuli, Senior Deputy City Attorney presented the amendment. Ms. Valldejuli explained this request is basically housekeeping amendments as staff goes through the ordinance. Staff recommends approval of the proposed ordinance amendment. There were no comments from the public or Commission. The Commission approved the following resolution: WHEREAS: the Hampton Planning Commission has before it this day Zoning Ordinance Amendment No. 036-2011 by the City of Hampton to amend and reenact chapter 18 of the Zoning Ordinance of the City of Hampton, Virginia entitled “ General Provisions” by (i) deleting section 18-1 pertaining to additional use requirements, section 18- 10 pertaining to gasoline dispensing, and section 18-13 pertaining to lot area requirement for motel or tourist court, and (ii) amending section 18-18 (7) by deleting references to small summer homes; WHEREAS: the amendments are housekeeping in nature; WHEREAS: section 18-1 of the zoning ordinance is no longer used and as such is deleted; WHEREAS: section 18-10 is redundant in that gasoline dispensing is already regulated under the Fire Code, and accordingly, the deletion of the provision is appropriate; WHEREAS: section 18- 13 is deleted since the term “motel” or “tourist court” has been eliminated from the zoning ordinance; WHEREAS: in section 18-18 (7) the term “small summer houses” is deleted inasmuch as the term is no longer used in the zoning ordinance and the use is no longer permitted; and WHEREAS: there were no speakers at the public hearing. NOW THEREFORE, on a motion by Commissioner Donnie Tuck and seconded by Commissioner Mary B. Bunting BE IT RESOLVED that the Hampton Planning Commission does recommend to City Council approval of the zoning ordinance amendment (No. 036-2011) referenced above. A roll call vote on the motion resulted as follows:  AYES: Bunting, Tuck, McCloud, Williams, Young, Campbell NAYS: None ABST: None ABSENT: LaRue B. Zoning Ordinance Amendment 037-2011: Ordinance to amend and reenact Article V of the Zoning Ordinance of the City of Hampton, Virginia entitled “Flood Zone District” by amending section 17.3-32 pertaining to the addition of the definition of flood insurance study and floodproofing and section 17.3-33.A.3 pertaining to delineation of the approximated floodplain district as recently recommended by the Federal Emergency Management Agency (FEMA). Vanessa Valldejuli, Senior Deputy City Attorney, presented amendment. Ms. Valldejuli explained these changes are due to additional FEMA recommendations made after approval of the City’s Flood Zone District ordinance: two definitions and addition of a delineation method for the approximated floodplain district (page 4) which had not been mentioned in prior reviews. There were no comments from the public or Commission. The Commission approved the following resolution: WHEREAS: the Hampton Planning Commission has before it this day Zoning Ordinance Amendment No. 037-2011 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 amending section 17.3-32 pertaining to the addition of the definition of flood insurance study and floodproofing and section 17.3-33.A.3 pertaining to delineation of the approximated floodplain district as recently recommended by the Federal Emergency Management Agency (FEMA); WHEREAS: the Commission recommended approval of the new Article V, chapter 17.3-31 through 17.3-36 on July 1, 2010 in order to accommodate the flood zones shown on Hampton’s Flood Insurance Rate Maps (as updated by FEMA); 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 upon which the City based the ordinance adopted on August 11, 2010, and those amendments were adopted by Council on June 8, 2011; WHEREAS: on August 1, 2011, in a letter to the Mayor advising that the City’s ordinance was in compliance with the National Flood Insurance  Program, FEMA recommended the addition of two definitions and the addition of a delineation method for the approximated floodplain district which had not been mentioned in prior reviews; WHEREAS: the proposed ordinance amendment complies with the latest FEMA recommendation; and WHEREAS: there were no speakers at the public hearing. NOW THEREFORE, on a motion by Commissioner James Young and seconded by Commissioner Andre McCloud BE IT RESOLVED that the Hampton Planning Commission does recommend to City Council approval of the zoning ordinance amendment (No. 037-2011) referenced above. A roll call vote on the motion resulted as follows: AYES: Bunting, Tuck, McCloud, Williams, Young, Campbell NAYS: None ABST: None ABSENT: LaRue C. Zoning Ordinance Amendment 038-2011: Ordinance to amend and reenact chapter 2.1 of the Zoning Ordinance of the City of Hampton, Virginia entitled “Definitions” by amending section 2.1-4 pertaining to accessory structures. Vanessa Valldejuli, Senior Deputy City Attorney presented the amendment. Ms. Valldejuli stated that Chapter 2 of the zoning ordinance pertaining to definitions was repealed by City Council on August 11, 2011 and replaced with Chapter 2.1. Chapter 2.1 eliminated the term “accessory building” found in former section 2-2 with the intent of using the term “accessory structure” in section 2.1-4 since both accessory building and structures are subordinate to a principal building or structure. However, the former term appears in many of the zoning provisions pertaining to residential districts and has caused some confusion. Accordingly the definition found in section 2.1-4 is amended to include the term accessory “building”: as well as accessory “structure”. Said terms are interchangeable throughout the zoning ordinance. There were no comments from the public or Commission. The Commission approved the following resolution: WHEREAS: the Hampton Planning Commission has before it this day Zoning Ordinance Amendment No. 038-2011 by the City of Hampton to amend and reenact chapter 2.1 of the Zoning Ordinance of the City  of Hampton, Virginia entitled “Definitions” by amending section 2.1- 4 pertaining to accessory structures; WHEREAS: chapter 2 of the zoning ordinance pertaining to definitions was repealed by City Council on August 11, 2010 and replaced with chapter 2.1. Chapter 2.1 eliminated the term “accessory building” found in former section 2-2 with the intent of using the term “accessory structure” in section 2.1-4 since both accessory buildings and structures are subordinate to a principal building or structure; however, the former term appears in many of the zoning provisions pertaining to residential districts and has caused some confusion; WHEREAS: the definition found in section 2.1-4 is proposed to be amended to include the term “accessory building” as well as “accessory structure” with said terms used interchangeably throughout the zoning ordinance; and WHEREAS: there were no speakers at the public hearing. NOW THEREFORE, on a motion by Commissioner James Young and seconded by Commissioner Mary B. Bunting, BE IT RESOLVED that the Hampton Planning Commission does recommend to City Council approval of the zoning ordinance amendment (No. 038-2011) referenced above. A roll call vote on the motion resulted as follows: AYES: Bunting, Tuck, McCloud, Williams, Young, Campbell NAYS: None ABST: None ABSENT: LaRue VI. PLANNING DIRECTOR’S REPORT Mr. O’Neill announced that the Waterways Committee report is final and will be presented to Council Wednesday evening. There is a copy of the report in the Commissioner’s packages. This report was a year in the making and took a lot of hard work from city personnel and citizens. The effort on the citizen committee side is coming to a close. The Commission recommended adoption of the Community Plan in September. Mr. O’Neill stated the Community Plan has been presented to other boards and commissions and so far they have been receptive to the plan. VII. ITEMS BY THE PUBLIC  There were no items by the public. VIII. MATTERS BY THE COMMISSION There were no items by the Commission. X. ADJOURNMENT; The meeting was adjourned at 3:55 PM. Respectively submitted, ____________________________ Terry O’Neill APPROVED BY: _________________________ Carlton Campbell Chairman