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, JANUARY 5, 2012 AT 3:30 P.M. ITEM I. CALL TO ORDER Vice Chairman Gregory Williams called the Planning Commission meeting to order. ITEM II. ROLL CALL A call of the roll noted Commissioner Donnie tuck and Chairman Carlton Campbell were absent. ITEM III MINUTES A motion was made by Commissioner Gaynette LaRue and seconded by Commissioner James Young to approve the minutes of the December 1, 2011 work session and Planning Commission meeting. A roll call vote on the motion resulted as follows: AYES: LaRue, Young, Mc Cloud, Williams, Bunting NAYS: None ABST: None ABSENT: Tuck, Campbell ITEM IV. STAFF REPORTS A. Youth Planner Report James Payne, Junior Youth Planner stated the Youth Commission has been working on the Variety of Events and how to get teenagers to the events In order to get a closer look and an experience of what a youth friendly environment is, the Youth Commission took a field trip to Fredericksburg (Virginia). Fredericksburg was chosen due to Central Park, Tree House Lounge (like a teen center but more toward a lounge for friends to hang out and enjoy music) and Spotsylvania Mall, which is like the Peninsula Town Center. Another place was Old Town Fredericksburg, like Colonial Williamsburg, because they wanted to give the Commission a chance to see the difference between old and modern shops. Tree House Lounge used to be a restaurant but on Saturday nights the youth go to the lounge. Old Town Fredericksburg is located around the University of Mary Washington where there is a youthful environment because of the college students.  A tour was done around Spotsylvania Town Center and inside the mall. It was decided to compare in depth this town center and the Peninsula Town Center and how the Spotsylvania Town Center showed a youth friendly environment. In response to Commissioner Andre McCloud’s questions on whether the information gathered was germane in regards to what they are trying to get done, James Payne stated that it was. Plans are to review the trip at the Youth Commission meeting on January 16, 2012 and discuss the findings from their field trip. In response to Commissioner Young’s questions about the success of some of the other centers in attracting local youth, Mr. Payne answered that Senior Youth Planner Evelyn Baumgardner would discuss what was discovered at the next Planning Commission meeting. Questions about attracting youth on a scale of 1 to 5 were asked and there were a lot of teenagers, especially in the mall. Community Development Department Director Terry O’Neill explained to the Commission that the assignment and the purpose for the trip was for Youth Planners and Commissioners to go places they were unfamiliar with and with which they have no preconceived notions - whether good or bad - and identify from these visits what elements helped to make them youth friendly and try to transfer those elements to places in Hampton. They are only halfway through their assignment at this point. B. Update on the CIP Process for Fiscal Year 2013 Jonathan McBride updated the Commission on the CIP since December. The Community Forum was held on December 10, 2011, with eight in attendance. There was good discussion around the projects represented. The Neighborhood Commission met on December 12, 2011 and the group expressed an interest in enhancing their roles on engaging the neighborhoods around the city in the process for the upcoming year. The on-line survey, which closed on December 30, 2011, had 543 responses with approximately 130 additional comments. A meeting will be held January 10, 2012 with the Clean City Commission for their update of the process. After the final meeting all the information gathered will be pooled and presented to the CIP Committee and will be presented to the Commission in February. 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 December 23 and 30, 2011. A. Rezoning Application No. 1299-2011 by Abbott Associates, LLC to rezone 4.5± acres roughly bounded by Point Comfort Avenue to the north, S. 1st Street to the east, Seaboard Avenue to the south, and S. 2nd Street to the west, and property on the northeast corner of S. 1st Street and Seaboard Avenue [LRSNs: 12006770, 12006774, 12006773, 12006772, 12006666, and portions of 13001555 and 12006710] from conditional C-2 Limited Commercial District, which requires a combination of multifamily and commercial development, to Special Public Interest – Buckroe Bayfront District (SPI-BBD), which permits single family and multifamily residential uses in keeping with the Buckroe Pattern Book (2007, as amended). The Hampton Community Plan (2006, as amended) recommends this property be a part of a mixed-use district. The Buckroe Master Plan (2005, as amended) recommends a mixture of residential uses that enhances the coastal character of the neighborhood. This item is being concurrently advertised and will be heard by the City Council on January 11, 2012. Mr. Michael Hayes, Senior 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 C-2, a limited commercial district with a set of conditions which limits the development to multi-family development of a fairly large scale as well as some mixed use development along Point Comfort Avenue which will allow commercial on the ground floor. The requested district is SPI-BBD, which is a residential district in this area and allows for a variety of residential types of single-family, duplex style units, or multi-family units that are designed to look like single family units. This property is located near Buckroe Park. The property was previously a trailer park, with some RV’s and trailers still there; however, the majority of the property is vacant. The current zoning is C-2 and with a portion of the property owned by Abbott and Associates zoned SPI-BBD. In rezoning this area, a larger portion will be brought into the SPI-BBD District; as this district was designed with the idea behind it for a district that directly implemented the Buckroe Master Plan. SPI-BBD requires development consistent with the City’s adopted policies found in the Buckroe Master Plan and the Buckroe Bayfront Pattern Book. All development would be residential and require detailed design review, which ensures the use of high quality materials and a coastal character befitting a Chesapeake Bay front community. Staff recommends approval of this application as it moves forward with the Buckroe Master Plan recommendations. In response to questions by Commissioner LaRue, Mr. Hayes stated the triangular shaped property shown is owned by another property owner and there are still some areas zoned C-2 (Limited Commercial) and R-M (Multi-family) that will not be rezoned as some of the parcels were not involved in the previous rezoning  In response to a question by Commissioner McCloud, Sr. Deputy Attorney Valldejuli stated there are time constraints due to the contract between Hampton Redevelopment and Housing Authority (HRHA) and the property owner as to the closing date. In response to Commissioner Young, Mr. Hayes stated the property questioned was formerly part of the trailer park and already zoned SPI-BBD. This would bring the entire area under that zoning district. Benjamin A. Williams, III, 128 Creekview Lane, Hampton, Virginia spoke as representative for Abbott Associates. Mr. Williams stated the principal manager, Curwin Abbott, was also present. The property in question is the former Gordon’s Trailer Court and has been in the Abbott family for approximately 100 years. The arrangement, formerly under contract with the Shores of the Chesapeake for a mixed used project that had multi-family and some commercial and was previously C-2 with a conditional zoning, fell through. The property is currently under contract with HRHA to remove the previous C-2 conditions. Because in their contract the applicant is required to have the property rezoned to SPI-BBD District prior to the sale the applicant is trying to do some clean up in the area and have those conditions removed. The statement of intent section of the zoning ordinance for Special Public Interest – Bayfront District (SPI-BBD) reads that “City - or Hampton Redevelopment and Housing Authority-owned lands located in the Buckroe Bayfront District shall be required to develop in accordance with the SPI-BBD standards. Private properties that are located within the Buckroe Bayfront District, as designated on the Buckroe Bayfront Boundary and Subdistrict Map (section 17.3-131), shall be encouraged to develop in accordance with the SPI-BBD standards.” Mr. Williams stated the applicant is requesting to have the C-2 designation and the conditions of the prior rezoning changed to clear the way for the Housing Authority. The Housing Authority has represented that no project is in the works to go on this property; it is just property to be acquired. The front portion of the property, which is zoned C-2, is the parking lot of the Buckroe Beach Fishing Pier and Resort Boulevard. That property was sold by the Abbott family to the City when the City requested the redo for the Buckroe Fishing Pier; adequate parking and access by Resort Boulevard. The request by the applicant is take care of the contractual obligations to the Housing Authority so all of the area will be the Bayfront District. In response to a question by Commissioner LaRue, Mr. Williams stated the Housing Authority has offered to buy the applicant’s property and the only condition is the applicant put the property back as Bayfront. Mr. Williams stated a neighborhood meeting was held in Buckroe and the concern he heard was not the sale of the property but that the citizens liked the fact the prior zoning had some commercial aspect. The public wants commercial along Point Comfort Avenue to service the beachgoers.  Eddie Deerfield, 1515 Garrow Circle and Chair of the Buckroe Improvement League and Edwin Boone, 45 Snow Street, both located in Hampton, spoke at the hearing. Mr. Deerfield and Mr. Boone attended the neighborhood meeting on December 20, 2011 and both are in opposition to this application because SPI-BBD zoning for this site does not permit commercial uses. They do not want another Parade of Homes. In response to a question by Mr. Deerfield, Terry O’Neill, Secretary to the Planning Commission stated it is a fairly common real estate practice to negotiate contracts between buyer and seller to rezone property prior to sale. If the rezoning does not go through the City and HRHA will not purchase the property. Transactions in a negotiated purchase between a willing seller and a willing buyer, that the buyer enter into a contingency contract to purchase that property subject to the property being zoned for the use that the buyer intends for the property for development, are not uncommon. The City and the Housing Authority are engaging in good practice because if the rezoning does not go through the City and the Housing Authority would not be interested in purchasing the property because it would not be consistent with the goals and objectives of the plans as Mr. Williams stated when he read the ordinance section. The City and HRHA are bound by the ordinance to develop it according to the Buckroe Bayfront District as specifically stated in the ordinance. This had been done to address the concerns of the public so there would be some definitive measure within the Bayfront District that the City would develop it within a certain way according the Pattern Book and development guidelines. In response to questions about the time issues, Commissioner Bunting stated it is her understanding the applicant has time issues they are working with. If the applicant does not sell to the Housing Authority, the question is what the applicant might do with the land. A decision needs to be made and the applicant does have other alternatives. The owner of the property needed assurance that the Housing Authority was going to buy the property in a timely manner, otherwise alternate routes would have to be executed. The Housing Authority requirement needed to be satisfied this month with concurrent advertising for City Council so the final certainty could be achieved for the applicant. The rezoning is necessary by code for the Housing Authority to buy the property. Ben Williams replied a lot of history is behind this property which goes back to the City asking the Abbotts about buying property in order to fix the fishing pier and have a parking lot. The applicants cooperated with the City. At that point there were hearings and some former City employees talked about this property being developed before there were plans for a developer. A majority of the trailer park occupants left because they felt they would be kicked out, but by law would have had a year to relocate. This left the Abbotts without revenues on which they had lived. When the property was marketed, Ms. Allen offered to buy, but that fell through. The Abbotts have cooperated with the City in many ways. The property is zoned where they could still operate a mobile home or RV park and that is still an option. At his point the Housing Authority presented an alternative that the property would be better developed in the long run without remaking it into a trailer park. In response to a question by Commissioner Young, Mr. O’Neill stated when the market study was done the economy was significantly better than it now is. The likelihood of having new residential demand in the neighborhood that drives retail services and the climate for constructing new retail establishments was healthier then than now. In conclusion at that time was that retail would be difficult in the Buckroe area without influx of disposable income from tourism or permanent full time population to support the retail services. Half of the marketing area is in the water. Documents are revisited when major circumstances change and with the changes due to Ft. Monroe it would warrant review. Mr. O’Neill and Commissioner Bunting both stated the City would be receptive to speaking with anyone interested in doing a retail business in the Buckroe area. After discussion, the Commission approved the following resolution: WHEREAS: the Hampton Planning Commission has before it this day Rezoning Application No. 1299-2011, a proposal by Abbott Associates, L.L.C., to rezone approximately 4.5± acres in the Buckroe neighborhood [LRSNs: 12006770, 12006774, 12006773, 12006772, 12006666, and portions of 13001555 and 12006710] from Limited Commercial District (C-2) to the Special Public Interest – Buckroe Bayfront District (SPI-BBD); WHEREAS: the change in zoning is being requested by the applicant as a condition of purchase by the Hampton Redevelopment & Housing Authority; WHEREAS: the site is generally located in the block roughly bounded by Point Comfort Avenue to the north, S. 1st Street to the east, Seaboard Avenue to the south, and S. 2nd Street to the west, and property on the northeast corner of S. 1st Street and Seaboard Avenue; WHEREAS: the applicant’s proposal is consistent with the land use recommendation of the Buckroe Master Plan (2003 as amended) which recommends a mixture of residential development for this site; WHEREAS: the intent of the SPI-BBD is to ensure that new development within the district boundaries are developed to very high standards and all new development is consistent with the coastal beachfront heritage of the area; WHEREAS: an additional intent of the SPI-BBD is to require all land owned by the City of Hampton and the Hampton Redevelopment and Housing Authority to be developed according to the SPI-BBD and Buckroe Pattern Book development standards; WHEREAS: a community meeting was held on December 20, 2011; WHEREAS: two (2) members of the public spoke at the public hearing, both in opposition to this application because SPI-BBD land use designation for this site does not permit commercial uses; and WHEREAS: Commissioners discussed the desirability of eventually developing some “beach oriented” retail services within the Bayfront area to better serve visitors to the beach. NOW, THEREFORE, on a motion by Commissioner James Young and seconded by Commissioner Gaynette LaRue, BE IT RESOLVED that the Hampton Planning Commission recommends approval of Rezoning Application No. 1299-2011. A roll call vote on the motion resulted as follows: AYES: McCloud, LaRue, Bunting, Young NAYS: None ABST: Williams ABSENT: Campbell, Tuck B. Conditional Privilege Application No. 121-2011 by Together Lives Change, LLC, to allow a day care 3 at 2115 Executive Drive, Building 10-D [7001340]. The property is zoned Limited Commercial District (C-2), which permits a day care 3 subject to securing a conditional privilege. The Hampton Community Plan (2006, as amended) recommends Mixed-Use for this area. Mr. David Stromberg, 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 supplement the applicant’s current operation to operate a day care 3 facility for a maximum of 25 children ages 5 to 16 years. The property is located in the Coliseum Central part of the City. The applicant currently has an existing lease within building 10- D of Hampton Professional Park, located at 2115 Executive Drive. This site and surrounding properties are zoned C-2, Limited Commercial District, which permits a day care subject to securing a conditional privilege. This proposal does meet several of the objectives of the Community Plan such as pride in community, facilities and services and promoting a nurturing environment for Hampton Youth. Ten conditions have been placed on this application, some of which are hours of operation; enrollment; licensing; and a termination clause. Staff recommends approval of the application with the ten conditions. Tiffany Hassell, 371 Canaan Circle, Suffolk, Virginia, stated she is one of the partners for Together Lives Change, LLC. They have partnered with Hampton Social Services over the past five years to provide counseling services for the department so they can work with the biological parent or guardian to place children going to foster care back into the home. It has been found that a lot of parents struggle with different issues that involve the children; such as academic failure, truancy and behavioral issues. They want to collaboratively come up with a plan to work with the Hampton Probation Unit, Juvenile and Social Services to provide tutoring services and T-3 - which is teens talking together. T-3 is a girls group which helps young girls who have been exposed to or have a high risk of being exposed to the juvenile justice system. The children are only there three or four hours a day, Monday through Friday and they go over and address with staff issues about truancy, social skills building and academic issues. This is not a traditional day care, There were no questions from the public. In response to a question by Commissioner McCloud, Mr. Hayes stated there was no community meeting but flyers were sent to the surrounding property owners which are mostly business park owners. None of the neighboring tenants responded with any issues. Some of the families are already being serviced by the applicant and would now be there during the day. There is little residential immediately around this area. WHEREAS: the Hampton Planning Commission has before it this day Conditional Privilege Application No. 121-2011, a proposal by Together Lives Change, LLC to operate a Day Care 3 in an existing building in a 6.6± acre site located at 2115 Executive Drive, Building 10-D [LRSN 7001340]; WHEREAS: the applicant requests a Conditional Privilege for a Day Care 3 to allow a maximum of 25 children ages 5-16 years old from 8:30 AM to 5:30 PM Monday through Friday; WHEREAS: the site is zoned Limited Commercial District (C-2) 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 Mixed-Use 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: in response to a question by Commissioner McCloud, staff stated the applicant handed out flyers to adjacent tenants in lieu of a traditional community meeting; and  WHEREAS: no members of the public signed up to speak at the Planning Commission public hearing. NOW, THEREFORE, on a motion by Commissioner James Young and seconded by Commissioner Gaynette LaRue, BE IT RESOLVED that the Hampton Planning Commission recommends approval of Conditional Privilege No. 121-2011, subject to ten (10) conditions. A roll call vote on the motion resulted as follows: AYES: LaRue, Young, McCloud, Williams, Bunting NAYS: None ABST: None ABSENT: Tuck, Campbell C. Zoning Ordinance Amendment 039-2011: Ordinance to amend and reenact chapter 2.1 of the Zoning Ordinance of the City of Hampton, Virginia entitled “Definitions” by amending section 2.1-32 pertaining to the Chesapeake Bay Review Committee and section 2.1-35 pertaining to Coliseum Central Design Review Committee. Sr. Deputy City 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. 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 Zoning Ordinance Amendment 039-2011 to amend and reenact the chapter 2.1 of the Zoning Ordinance of the City of Hampton, Virginia entitled “Definitions” by amending section 2.1-32 pertaining to the Chesapeake Bay Review Committee and section 2.1-35 pertaining to Coliseum Central Design Review Committee; WHEREAS: Section 2.1-32 is amended to reflect the change in the name of the Planning Department now the combined Department of Community Development and also adds the term “designee” to the reference of the chair of the Wetlands Board;  WHEREAS: Section 2.1-35 is amended due to the ever changing roles and titles within the Department of Community Development, and rather than continuing to amend the zoning ordinance, if there is a change in title or role function, the Director of the Department of Community Development will choose the appropriate staff to man the city component of the Coliseum Central Design review Committee (CCDRC); 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 recommends approval of the zoning ordinance amendment to chapter 2.1- Definitions. A roll call vote on the motion resulted as follows: AYES: LaRue, Young, McCloud, Williams, Bunting NAYS: None ABST: None ABSENT: Tuck, Campbell VI. COMMUNITY DEVELOPMENT DIRECTOR’S REPORT 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 4:53 p.m. Respectively submitted, ____________________________ Terry O’Neill APPROVED BY: _________________________ Carlton Campbell Chairman