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, DECEMBER 1, 2011 AT 3:00 P.M. Chairman Carlton Campbell, Vice Chair Gregory Williams, and Commissioners Gaynette LaRue, Andre’ McCloud, and James Young were in attendance. Absent were Commissioners Mary Bunting and Donnie Tuck. Keith Cannady, Planning Services Manager served as acting Secretary to the Planning Commission as Terry O’Neill was unable to attend the meeting. Mr. Cannady opened the floor for discussion on the agenda items. The Commission asked questions and discussed the various Zoning Ordinance Amendments . Commissioner Williams asked about the Family Dollar in Phoebus and when it would be coming back before Council. The meeting is scheduled for January City Council and there is a community meeting on December 17 at the Phoebus Firehouse . There being no further business, the meeting adjourned at 3:23 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, DECEMBER 1, 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 Mary Bunting and Donnie Tuck as absent. Commissioner Tuck arrived during the reading of the first public hearing Items. ITEM III MINUTES A motion was made by Commissioner James Young and seconded by Commissioner Gaynette LaRue to approve the minutes of the November 3, 2011 work session and Planning Commission meeting. A roll call vote on the motion resulted as follows: AYES: LaRue, Young, McCloud, Williams, Campbell NAYS: None ABST: None ABSENT: Tuck, Bunting ITEM IV. STAFF REPORTS A. Youth Planner Report Evelyn Baumgardner, Senior Youth Planner stated the Youth Planners have been working on the Variety of Events for teenagers in the city of Hampton. The Policy Committee and Publicity and Philanthropy Committee discussed and defined what the Variety of Events means to them and discussed ways they can address this issue. The most important of the ideas was a partnership with the Teen Center Advisory Board. The Teen Center is a completed project and is now under the careful watch of the Teen Center Advisory Board. The Commission is considering partnering with them in order to improve or add onto the events held at the Teen Center. Improving the events at the Teen Center is a small step in improving the events in Hampton. The Publicity and Philanthropy Committee has finished its work with the Peninsula Town Center Community Standards and has given the results to Raymond Tripp, general manager of Peninsula Town Center. The grant cycle has begun and is geared toward service projects that are working toward improving Hampton for teenagers and usually involving youth leadership. The applications are due January 13, 2012. The Youth Commission will be reopening its recruiting process for the spring semester of the school year.  In response to a comment by Chairman Campbell, Ms. Baumgartner stated the Youth Commission partnering with the Teen Center is still in the brainstorming process and they are looking at more youth friendly events. B. Update on the CIP Process for Fiscal Year 2013 Jonathan McBride, Neighborhood Development Associate presented an update on the Capital Improvement Plan for 2013. There are three more opportunities for public input: Community CIP Forum, December 10 @ 9AM in the Ruppert Sargent Building; CIP Roadshow Briefings, Neighborhood Commission, December 12 @ 5PM at the Northampton Community Center and the Clean City Commission, January 10 @ 3:30 PM at Y. H. Thomas, Clean City Commission Office. There is also an on-line survey. Commissioner Andre McCloud asked if content of this process would be spoken or would it be just the process. When questioned by the Commissioners, Mr. McBride stated that the process will be addressed and then the projects of the next five years will be gone over. There will be feedback provided along with an on-line form. A number of projects have been reduced because of a decrease in funding projections. Public Hearing Procedures Mr. Keith Cannady, acting 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. Keith Cannady read the public hearing item advertised in the Daily Press on November 18 and 25, 2011. A. Use Permit Application No. 1076-2011 by Hampton University for a university use, specifically an equestrian facility and two residences, at 1356 and 1360 N. Mallory Street [LRSN 12005721 and 12005722]. The property is zoned One Family Residence Districts R-13 and R-11, which permits university uses with an approved use permit. The Hampton Community Plan (2006, as amended) recommends low density residential land use in this area. Mr. Michael Hayes, Senior City Planner, presented the staff report, a copy of which is attached hereto and made a part hereof. The application by Hampton University involves a couple of properties to operate and expand an equestrian facility. Two houses are to remain for their staff and they are requesting to continue and expand the horse stable use. In addition to horse stables, the University would like to construct an indoor ring and will have up to 15 horses.  An environmental study was done as the property backs up to Mill Creek to make certain it meets regulations that are in place. There are six parking spaces on site. The residential environment will be maintained. The Use Permit is restricted to the University and cannot be placed on another property. The additional buildings must stick with the proposed site plan; buildings cannot be relocated closer to the road. This facility is for University use only so it will not increase traffic flow. Staff recommends approval of the application with six conditions. Arthur Kamp, of the law firm David, Kamp and Frank, representing Hampton University stated it was his understanding a neighbor was present who had comments to make and he would like to be able to respond to those comments. In response to a question by Commissioner Andre McCloud about condition No. 6 and would there be some new construction, Mike Hayes stated there would be some new buildings and pavement added for a drive aisle and parking spaces. Mr. Kamp stated the new construction is for an indoor riding ring, additional stables and offices for staff. There will be a total of 15 horses and there will be riding out in the pasture. There will be areas to teach about riding the horse and care for the horses. All the students are intended to arrive by bus. The City requires the parking spaces. In response to a question by Commissioner LaRue if both parcels were to be used, Mr. Hayes stated they would be. In response to a question by Commissioner Williams regarding a sign he had seen on the property that one could contact the stables to see about riding lessons, Mr. Kamp replied this would be for University use only and if a sign is there it will be removed. Gregory Twietmeyer, 1359 North Mallory Street stated there are some serious issues with this request. The previous owners had a Use Permit on that property for three horses. Hampton University has increased the number of horses to eight. The field on the site plan is the field they let the horses on. Mr. Twietmeyer stated his concern about the number of horses, their fecal matter in the field across from his property and the flies that are a result. He also expressed concern about the possibility of Civil War artifacts. Another problem is the previous owner filled in the drainage ditch with pipe and all the water in the field and fecal matter dumps into the storm pipe on Mallory Street. There are no stormwater ponds on the property. He stated his biggest concern is that he has never seen anyone clean up the property. Chairman Campbell asked for clarification on where Mr. Twietmeyer’s property is in conjunction with the University’s property and Mr. Twietmeyer’s stated it is located directly across the street from the University’s property.  In response to Chairman Campbell’s question about enough land for appropriate stormwater management due to Mr. Twietmeyer stating the water is not flowing in the right direction and there is nothing preventing everything in the fields from going into the drains, Mr. Hayes stated he is not an engineer but when the plans are reviewed, calculations are required regarding stormwater flow. This has yet to be done in the process. In response to Commissioner Williams as to who is responsible for the backflow, Mr. Hayes stated the area in the back of the property is City maintained (creek area). In response to Commissioner Williams, Mr. Cannady stated in order to get a permit, the stormwater requirements have to be met. It is not known at this time what that will be I n response to Commissioner LaRue’s question about who would be responsible for the property clean up, Mr. Kamp stated that the University has owned the property since 2009 and the University staff would be responsible for the cleanup. The University does not want anything to be an impediment or a problem for the neighbors or the University staff, who would be on the property. Keeping the property clean and the flies away is something the University is interested in. The manure is placed in a dumpster and then removed and if clean up needs to be done more often the University will look into it. As to the possibility of there being graves and a Civil War site located on the property, Mr. Kamp said no one seems to know who was inquiring. The University is cognizant of the regulations in the discovery of graveyards and archaeological items. In response to Commissioner McCloud’s question about an environmental study being done prior to permits being issued, Mr. Cannady stated the stormwater regulations will be addressed. Commissioner McCloud also stated concern about the fly problem. Again Mr. Kamp stated they do not know the reason for the flies, but the issue will be addressed. Commissioner Williams asked if the applicant could come back and request to have more horses and Mr. Kamp responded they would have to come back before the Planning Commission to do so. In response to Commissioner LaRue’s concerns about the drainage pipes draining into Mill Creek and what is going into the waterways, Mr. Kamp responded that cleanup is done every day and there is a schedule. This is the first time they have heard about the fly issue and if it is a problem it will be taken care of.  Mr. Millican – employee of Hampton University - explained the cleanup schedule. There is morning cleanup and the dumpster which is located at the back of the property is emptied weekly. Fairfield Ward, 1364 North Mallory Street, expressed concern that there should be more fenced area provided with the additional horses and possibly the need to utilize another parcel. The stables are cleaned out every day and that is where the manure and hay get mixed to go into the dumpsters. He has not seen anyone go out into the field to clean up. When asked by Commissioner McCloud if he had been bothered by flies, Mr. Ward stated since it had been brought up he noticed that the Air Force has not sprayed the last few times. They do have their share of flies and manure smells. Commissioner Williams stated he lives in the Buckroe area and has noticed more flies but does not know if spraying has anything to do with it. Commissioner Young asked Mr. Millican what is meant by “the property is cleaned” and who cleans it. Mr. Millican replied the schedule calls for the fields to be cleaned every day and the cleaning is done by the University. Sr. Deputy City Attorney Vanessa Valldejuli verified that no permits can be obtained until the proper preliminary procedures are completed. WHEREAS: the Hampton Planning Commission has before it this day Use Permit Application No. 1076-2011 by Hampton University to permit a university use at 1356 and 1360 N. Mallory Street [LRSNs: 12005721 and 12005722]; WHEREAS: specifically the use of the property will be limited to two single family homes and an equestrian facility; WHEREAS: the property is zoned One Family Residence Districts R-9 and R-11, which allows university uses with an approved use permit; WHEREAS: the Hampton Community Plan (2006, as amended) recommends low density residential land use in this area; WHEREAS: Hampton University purchased the property with pre-existing horse stables; WHEREAS: Hampton University proposes expanding those stables, which currently accommodate up to nine horses to allow for the keeping of fifteen horses as well as an indoor riding ring; WHEREAS: conditions are recommended which limit the use of the property to the equestrian facility and two single family homes, establish maximum hours of operation, limit the use of the facility to Hampton University students,  faculty, and staff, the number of horses to fifteen, require conformance to the submitted site plan, permit inspection of the facility, and establish an expiration of the use permit if the proposed site improvements do not occur within two years; and WHEREAS: there were two speakers from the public who expressed concern with the increase in flies this past summer which they think may be linked to the equestrian facility. NOW, THEREFORE, on a motion by Commissioner Donnie Tuck and seconded by Commissioner James Young, BE IT RESOLVED that the Hampton Planning Commission does recommend to City Council approval of the use permit application (No. 1076-2011) referenced above, subject to the 6 conditions. A roll call vote on the motion resulted as follows: AYES: LaRue, Young, McCloud, Williams, Tuck, Campbell NAYS: None ABST: None ABSENT: Bunting Mr. Cannady read the next public hearing item. B. Use Permit Application No. 1077-2011 by Hampton University for a university use, specifically a research facility, at 519 E. Queen Street and a portion of 427 E. Queen Street [LRSN 12001061 and 12001060]. The property is zoned Multiple Residence District (R-M), which permits university uses with an approved use permit. The Hampton Community Plan (2006, as amended) recommends public/semipublic land use for this area. Mr. Michael Hayes, Senior City Planner, presented the staff report, a copy of which is attached hereto and made a part hereof. A use permit for this biomedical research facility, as a university use, was approved by City Council earlier this year for a site on Tyler Street, about two blocks away from the site of this application. Hampton University found that there were issues with infrastructure around the previously approved site that would prevent construction of the building in the time required per the grant funding this facility. Hampton University has returned with an application for a nearby site, the corner of E. Queen Street and College Place. The proposed building is designed to accommodate biomedical research, which would help further the University’s advancements in the sciences and research.  The Hampton Community Plan (2006, as amended) recommends public/semi- public uses in this area in recognition of Hampton University’s presence. The Community Plan also recognizes the need to support Hampton University and the expansion of educational, medical, and research opportunities. No community meeting was held. The use of the building will be as a research and equipment building and that will not change when it is up and running. Some of the parking spaces may be lost during the site plan review. The building will be brick all the way around. Staff supports the approval of the request with five (5) conditions. In response to Commissioner Campbell about the building being the same as earlier approved or modified to fit the lot, Mr. Hayes stated it would be the same building but the parking will be different. Arthur Kamp, with the law firm David, Kamp and Frank, representing Hampton University stated this is exactly the same building approved a year ago by Planning Commission and Council. The grant has specific time limits but there is an HRSD force main there and they could not meet the time limits so another location had to be found. In response to Commissioner William’s question if there was an existing parking lot as the building was initially proposed for Tyler Street where the community hospital was located, Mr. Kamp stated the parking lot would be between there and the health center and the parking lot would be shared. There will be slight modifications as the building was originally sited to back up to residences on College Place and has now been moved around the corner. It is now next to other residences. The closest one is separated by a small piece of property owned by the City which is a multi-family unit. As far as he knows everyone has been notified as required by ordinance. No comments have been received. After discussion, the Commission approved the following resolution: WHEREAS: the Hampton Planning Commission has before it this day Use Permit Application No. 1077-2011 by Hampton University to permit a university use at 519 E. Queen Street and a portion of 427 E. Queen Street [LRSNs: 12001061 and 12001060]; WHEREAS: use of the property will be limited to a biomedical research facility; WHEREAS: the property is zoned Multiple Residence District (R-M), which allows university uses with an approved use permit; WHEREAS: the Hampton Community Plan (2006, as amended) recommends public/semi-public land use in this area in recognition and support of Hampton University’s campus; WHEREAS: five conditions are recommended to be adopted, and those conditions generally deal with the site plan, building elevations, exterior building materials, site lighting, limitation of the use to a research facility, and expiration of the use permit if proposed development does not occur within two years; WHEREAS: no one from the public spoke in regards to this application. NOW, THEREFORE, on a motion by Commissioner Andre McCloud and seconded by Commissioner Gregory Williams, BE IT RESOLVED that the Hampton Planning Commission does recommend to City Council approval of the use permit application (No. 1077-2011) referenced above, subject to the five conditions. A roll call vote on the motion resulted as follows: AYES: LaRue, Young, McCloud, Williams, Tuck, Campbell NAYS: None ABST: None ABSENT: Bunting Mr. Cannady read the next public hearing item. C. Use Permit Application No. 1078-2011 by the City of Hampton for a pier at 35 and 37 Water Street [LRSN 12001132 and 12001133]. The property is zoned Limited Commercial District (C-2), which permits piers with an approved use permit. The Hampton Community Plan (2006, as amended) recommends mix use in this area. The Phoebus Master Plan (2007, as amended) recommends a park with waterfront access be established at this location. Mr. Michael Hayes, Senior City Planner, presented the staff report, a copy of which is attached hereto and made a part hereof. The property is located in the Phoebus neighborhood. In 2004; the City of Hampton purchased the waterfront property at 35 and 37 Water Street. It was recognized that the Phoebus community had very little public access to the waterfront, and that the property is in a strategic location at the end of Mellen Street and the foot of Fort Monroe. The Phoebus Master Plan recommends the establishment of a park with public waterfront access at the end of Mellen Street. This application proposes implementing the waterfront access portion of that recommendation. An approved use permit would permit the City to move forward with constructing and operating a pier that would allow for the launching of canoes and kayaks into Mill Creek. The design of the pier also maintains the view shed down Mellen Street out to Fort Monroe.  Other site improvements further the City of Hampton’s green initiative with old rubble being removed from the shoreline and being replaced by new riprap and what is known as a living shoreline. A living shoreline involves the planting of wetland vegetation in conjunction with the riprap. The combination of the riprap and vegetation helps limit erosion while creating a natural filter for runoff. The city is not looking at doing a full blown park at this time; it is just about the water access. There are three components: 1) out in the water is a floating pier to allow access from the water which will allow getting in and out of small boats easily; 2) landward side is a firm fixed pier coming out into the water; and 3) a gangway that is a flexible piece in between the two. This will be designed to be handicap accessible. Staff recommends approval of Use Permit Application No.1078 with three (3) conditions. In response to Commissioner Williams, Mr. Hayes stated the pier is intended to be more of a boat dock (not for large vessels) but the primary purpose is not for use as a fishing pier. It is for people to anchor in the harbor and bring their small boats in so they can go shopping in Phoebus. In response to a question by Commissioner Larue if there are any plans by the City to do anything with the rest of the property that would be park development or water related, Mr. Hayes stated there is no funding for it nor is the situation necessarily the best for a full park at this point. The uses surrounding this area are the seafood business, a school and a vacant lot. There is not any real activity going on in the evening hours and it could be an attractive nuisance to do a park in this location. If there can be more residential or activity going on in the evening hours and things pick up in Phoebus it would be a more appropriate time to do a full park. There were no speakers. After discussion, the Commission approved the following resolution: WHEREAS: the Hampton Planning Commission has before it this day Use Permit Application No. 1078-2011 by the City of Hampton to permit a public pier at 35 and 37 Water Street [LRSNs: 12001132 and 12001133]; WHEREAS: the property is zoned Limited Commercial District C-2, which allows public piers with an approved use permit; WHEREAS: the Hampton Community Plan (2006, as amended) recommends mixed- use in this area as a part of Downtown Phoebus; WHEREAS: the property is within the boundaries of the Phoebus Master Plan (2007, as amended), which recommends the property be used as a public park with waterfront access; WHEREAS: the Hampton Community Plan also contains policies promoting the appropriate reuse of waterfront property, providing public access to the  waterfront, beautification at gateways and along corridors, and that development be sensitive to shoreline erosion, flood protection, and water quality; WHEREAS: the proposed pier would include a floating section at the end for docking dinghies and launching canoes and kayaks; WHEREAS: the project also includes the development of a living shoreline, which is a green practice involving the combination of rip rap and wetland vegetation to protect and beautify the shoreline while providing benefits to water quality; WHEREAS: three conditions are recommended to be adopted, and those conditions generally deal with the development of the site in conformance with the conceptual site plan, the construction of the pier in conformance with the submitted plans, and expiration of the use permit if proposed development does not occur within two years; WHEREAS: no one from the public spoke in regards to this application. NOW, THEREFORE, on a motion by Commissioner James Young and seconded b by Commissioner Andre McCloud, BE IT RESOLVED that the Hampton Planning Commission does recommend to City Council approval of the use permit application (No. 1078-2011) referenced above subject to three conditions. A roll call vote on the motion resulted as follows: AYES: LaRue, Young, McCloud, Williams, Campbell NAYS: None ABST: Tuck ABSENT: Bunting Mr. Cannady read the next public item. D. Conditional Privilege Application No. 120-2011 by Mirro’z Restaurant and Lounge, LLC, to allow live entertainment at 2710 West Mercury Boulevard [LRSN 3001284]. The property 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, Senior City Planner, presented the staff report, a copy of which is attached hereto and made a part hereof. This is a request for a conditional privilege to provide live entertainment in Mirro’z Restaurant and Lounge, located at 2710 West Mercury Boulevard, the site of the former Captain George’s Seafood Restaurant. The live entertainment will include live bands, karaoke, and/or a disc jockey. Hours of live entertainment will be limited from 12:00 PM until 10:00 PM on Sunday, 11:00 AM until 11:00 PM Monday through Thursday, and 11:00 AM until 1:00 AM Friday and Saturday nights. The existing building was formerly used as a restaurant. The maximum occupancy of this establishment will be limited to 240 persons. Conditions have been placed on the application to mitigate any potential negative effects associated with live entertainment. The Hampton Community Plan (2006, as amended) recommends commercial use for this area. In line with the Plan, this proposal will support a locally-owned small business while also providing for expansion of entertainment and tourism-related activities in the City. Adequate traffic circulation and parking exist on this site and will not be significantly impacted by the addition of live entertainment. The applicant hosted a community meeting at the restaurant on November 28, 2011. Staff recommends approval of Conditional Privilege Application No. 120-2011 subject to 13 conditions. Michael Carr, applicant for Mirro’z stated in visiting the area he saw a need for good service, Southern cuisine and mild entertainment, smooth jazz and karaoke. Dr. Michael E. Pinkston, 2795 Butternut Drive, stated he resides behind the restaurant and requests approval of the application. He stated he is a retired Pastor and has been a professor in Ohio and at Hampton University. After discussion, the Commission approved the following resolution: WHEREAS: the Hampton Planning Commission has before it this day Conditional Privilege Application No. 120-2011, a proposal by Mirro’z Restaurant and Lounge, LLC, to permit live entertainment within an existing building at 2710 West Mercury Boulevard [LRSN 3001284]; WHEREAS: the applicant requests indoor live entertainment occurring on Sunday from 12:00 PM to 10:00 PM, on Monday through Thursday from 11:00 AM to 11:00 PM, on Friday from 11:00 AM to 1:00 AM (Saturday morning), and on Saturday from 11:00 AM to 1:00 AM (Sunday Morning); WHEREAS: the proposal is consistent with the land use recommendations of the Hampton Community Plan (2006, as amended) which recommends commercial 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 on the north side of Mercury Boulevard, approximately 1,000 feet west of Aberdeen Road; WHEREAS: the applicant held a community meeting on November 28, 2011; and WHEREAS: one member of the public spoke in support of the application at the Planning Commission 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 Conditional Privilege Application No. 120-2011, subject to thirteen (13) conditions. A roll call vote on the motion resulted as follows: AYES: LaRue, Young, McCloud, Williams, Tuck, Campbell NAYS: None ABST: None ABSENT: Bunting Mr. Keith Cannady read the next public hearing item. E. Zoning Ordinance Amendment No. 041-2011: Ordinance to amend and re- enact chapter 1 of the Zoning Ordinance of the City of Hampton, Virginia entitled “Zones and General Provisions” by adding sec. 1-7 pertaining to the use of the term “designee”. Senior Deputy Attorney, Vanessa Valldejuli stated this is a housekeeping amendment. As chapters of the zoning ordinance were amended, several chapters but more specifically the definitions chapter 2.1 eliminated the term “designee” from some of the definitions provisions referring to department heads of the city. Rather than adding the term throughout the zoning ordinance, it is simpler to have a general provision that applies to all provisions of the zoning ordinance. Where the department head’s title appears, the title also refers to the authorized designee. Staff recommends approval of the application. There were no speakers. There was no discussion. The Commission approved the following resolution: WHEREAS: the Hampton Planning Commission has before it this day a proposed ordinance to amend and re-enact chapter 1 of the Zoning Ordinance of the  City of Hampton, Virginia entitled “Zones and General Provisions” by adding sec. 1-7 pertaining to the use of the term “designee”; WHEREAS: the intent of the amendment is to clarify that wherever the titles of the various department heads are used throughout the zoning ordinance, the reference also includes the respective authorized designee which had been inadvertently eliminated from some of the definitions provisions in newly adopted chapter 2.1of the zoning ordinance; and WHEREAS: there were no speakers. NOW, THEREFORE, on a motion by Commissioner Gaynette LaRue, and seconded by Commissioner James Young, BE IT RESOLVED that the Hampton Planning Commission recommends approval of the zoning ordinance amendment to chapter 1, Zones and General Provisions. A roll call vote on the motion resulted as follows: AYES: LaRue, Young, McCloud, Williams, Tuck, Campbell NAYS: None ABST: None ABSENT: Bunting F. Zoning Ordinance Amendment No. 042-2011: Ordinance to amend and re- enact chapter 21 of the Zoning Ordinance of the City of Hampton, Virginia entitled “Nonconforming Uses and Structures” by amending section 21-2 pertaining to the alteration, enlargement, and erection of structures in conjunction with a non-conforming use. Senior Deputy Attorney, Vanessa Valldejuli presented the ordinance amendment changes, a copy of which is attached hereto and made a part hereof. This is a housekeeping amendment. In response to the adopted Joint Land Use Study (JLUS) study conducted by Hampton, Langley Air Force Base, Newport News, Poquoson and York County, Council adopted amendments to chapter 1 of the zoning ordinance by adding provisions pertaining to aircraft noise and aircraft accident potential zones and boundaries and special regulations regarding discretionary zoning applications in air installation compatible use zones (AICUZ). Specifically section 1-6 addresses the special regulations applying to discretionary zoning applications which are designed to (a) protect the public health, safety and welfare from adverse impacts associated with high noise levels from flight operations at LAFB and the potential for aircraft accidents associated with proximity to airport operations, and (b) minimize potential encroachments into the accident potential zones that are incompatible with airport operations and may jeopardize the viability of LAFB in a future Base Realignment and closure (BRAC). The alteration or enlargement of nonconforming uses and structures are considered discretionary zoning applications under section 1-6 to which the special regulations apply. This provision has the potential of creating a conflict with section 21-2 pertaining to the alteration, enlargement, and erection of structures in conjunction with a non-conforming use which are administratively allowed under certain conditions. Accordingly, section 21-2 is amended to avoid the potential for conflict between the statutes. The effect of the amendment is that applications for the alteration or enlargement of a nonconforming use or structure in the high noise zones or the accident potential zones will be treated as an exception to chapter 21, section 21-2, and will be subject to the public hearing requirement and the limitations and regulations set forth in section 1-6 of the zoning ordinance. Staff recommends approval of the ordinance amendment. There were no comments from the public. Chairman Carlton Campbell read a letter from the Federal Area Development Authority, a copy of which is attached hereto and made a part hereof. The Commission approved the following resolution. WHEREAS: the Hampton Planning Commission has before it this day a proposed ordinance to amend and re-enact chapter 21 of the Zoning Ordinance of the City of Hampton, Virginia entitled “Nonconforming Uses and Structures” by amending section 21-2 pertaining to the alteration, enlargement, and erection of structures in conjunction with a non- conforming use; WHEREAS: the intent of the amendment is to eliminate a potential conflict between section 21-2 which addresses requests to alter or enlarge nonconforming uses and structures administratively and section 1-6 of the zoning ordinance which addresses such requests through a public hearing before the planning commission and council in furtherance of the special zoning regulations regarding discretionary zoning applications located in accident potential zones and/or in air installation compatible use zones (AICUZ); WHEREAS: the Hampton FADA submitted a letter supporting the amendment citing its importance to preserving the goals achieved by the Hampton-Langley Air Force Base Joint Land Use Study; and WHEREAS: there were no speakers. NOW, THEREFORE, on a motion by Commissioner Andre McCloud, and seconded by Commissioner Gregory Williams, BE IT RESOLVED that the Hampton Planning Commission recommends approval of the zoning ordinance amendment to Chapter 21- Nonconforming Uses and Structures. A roll call vote on the motion resulted as follows: AYES: LaRue, Young, McCloud, Williams, Tuck, Campbell NAYS: None ABST: None ABSENT: Bunting VI. DIRECTOR’S REPORT There was no report from the Director. 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. IX. ADJOURNMENT The meeting was adjourned at 4:45 P.M. Respectively submitted, _____________________________ Keith Cannady APPROVED BY ______________________________________ Carlton Campbell Chairman