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, MARCH 1, 2012 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 Vice-Chairman Gregory Williams, Commissioners Gaynette LaRue and Donnie Tuck were absent. ITEM III MINUTES A motion was made by Commissioner James Young and seconded by Commissioner Andre McCloud to approve the minutes of the February 2, 2012 CIP, work session and Planning Commission meeting. A roll call vote on the motion resulted as follows: AYES: Young, McCloud, Bunting, Campbell NAYS: None ABST: None ABSENT: LaRue, Tuck, Williams A motion was made by Commissioner Andre McCloud and seconded by Commissioner James Young to approve the minutes of the February 15, 2012 special CIP Worksession. A roll call vote on the motion resulted as follows: AYES: Young, McCloud, Bunting, Campbell NAYS: None ABST: None ABSENT: LaRue, Tuck, Williams ITEM IV. STAFF REPORTS A. Youth Planner Report James Payne, Junior Youth Planner reported the Hampton Youth Commission is hosting a Candidates Forum on March 19, 2012 from 6:00 – 8:00 P.M. at the Ruppert Sargent building located at 1 Franklin Street, Hampton. This forum is run by the Hampton Youth Commission and those who attend will be teenagers from the four Hampton high schools. The Youth Commission and the youth planners are working on getting questions throughout the city from only teenagers in order to run this event. This forum is being run by the youth. Adults are allowed to attend but participation in the forum is for the youth leadership.  The youth planners have been working on the Youth Friendly Guidebook or Youth Friendly List of Businesses. This gives teenagers of Hampton a list of businesses that are youth friendly. Certain categories determine youth friendly businesses and are evaluated by all youth. These evaluations include the safety, the cleanliness and the way youth are treated by the business. This gives the youth a chance to show their leadership within the community. In response to Commissioner McCloud, Mr. Payne stated the candidate forum is an open forum and all four high schools have been notified and all youth are invited. In response to Chairman Campbell, James stated they are still in the process of contacting the candidates and as of now, no one has responded. In response to Commissioner McCloud, Mr. Payne stated adults may attend, but it is a youth forum and the adults can be there to listen but not participate. In response to Commission Young, Mr. Payne stated the students should know which candidates are attending. He will confer with the Planning Division. In response to Chairman Campbell, Senior Planner, Donald Whipple stated the deadline for submission for Council candidates is not due until the following Monday or Tuesday, so it is not yet known who will be running for City Council or for Mayor. The official invitations will go out at that time along with an RSVP request. It will be known prior to the event who will attend. 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 items advertised in the Daily Press on February 17 and 24, 2012. Mr. O’Neill stated the first two items are related and suggested they be held jointly with two separate actions. Item 1 A. Zoning Ordinance Amendment 043-2012: Ordinance to amend and re-enact chapter 18 of the Zoning Ordinance of the City of Hampton, Virginia entitled “General Provisions” by deleting sections 18-3 through 18-9, section 18-11, section 18-14 through 18-16, sections 18-18 and 18-19, and sections 18-21 through 18-24 in their entirety. Item 2 B. Zoning Ordinance Amendment 045-2012: 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 sections 1-8 through 1-24 previously found in chapter 18 of the zoning ordinance. Senior Deputy City Attorney, Vanessa Valldejuli stated these Zoning Ordinance Amendments are housekeeping amendments. In the first amendment, ZOA 043-2012 – Item A, the deleted sections in chapter 18 will be re-codified in chapter 1 entitled “Zones and General Provisions”. Accordingly provisions pertaining to all zoning districts will now be located in Chapter 1. The second amendment, ZOA 45-2012, adds the provisions deleted in chapter 18 so that provisions pertaining to all zoning districts will be located in one chapter. Staff recommends approval of both zoning ordinance amendments. There were no speakers. After presentation the Commission approved the following amendments: Item 1 WHEREAS: the Hampton Planning Commission has before it this day ZOA-043-2012, a proposed ordinance to amend and re-enact chapter 18 of the Zoning Ordinance of the City of Hampton, Virginia, entitled “General Provisions” by deleting sections 18-3 through 18-9, section 18-11, section 18-14 through 18-16, sections 18-18 and 18-19, and sections 18-21 through 18-24 in their entirety; WHEREAS: the intent of the amendment is to re-codify the provisions deleted from chapter 18 in chapter 1 entitled “Zones and General Provisions” so that provisions pertaining to all zoning districts will now be located in one chapter of the zoning ordinance; and WHEREAS: there were no speakers. NOW, THEREFORE, on a motion by Commissioner James Young, and seconded by Commissioner Andre McCloud, BE IT RESOLVED that the Hampton Planning Commission recommends approval of ZOA- 043-2012, the zoning ordinance amendment to chapter 18 - General Provisions. A roll call vote on the motion resulted as follows: AYES: Bunting, Young, McCloud, Campbell NAYS: None ABST: None ABSENT: LaRue, Tuck, Williams  Item 2 WHEREAS: the Hampton Planning Commission has before it this day ZOA-045-2012, 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 sections 1-8 through 1-24 previously found in chapter 18 of the zoning ordinance; WHEREAS: the intent of the amendment is to add the provisions pertaining to all zoning districts previously deleted in chapter 18 to chapter 1 so that provisions pertaining to all zoning districts will now be located in one chapter of the zoning ordinance; and WHEREAS: there were no speakers. NOW, THEREFORE, on a motion by Commissioner Andre McCloud, and seconded by Commissioner James Young, BE IT RESOLVED that the Hampton Planning Commission recommends approval of ZOA- 045-2012, the zoning ordinance amendment to chapter 1 - Zones and General Provisions. A roll call vote on the motion resulted as follows: AYES: Bunting, Young, McCloud, Campbell NAYS: None ABST: None ABSENT: LaRue, Tuck, Williams C. Capital Improvement Plan (CIP) for Fiscal Years 2013-2017: The proposed five-year schedule includes additions and improvements to the City’s capital assets in the following expenditure categories: Education; Hampton’s Waterways; Maintenance of Public Properties and Performance Support; Master Plans; Neighborhood Support; New Facilities; Other CIP Projects; and Streets and Infrastructure. Cost estimates for the projects proposed in the five- year plan total $153,001,105. In response to the continued fiscal challenges experienced by many of the nation’s localities, the proposed Capital Improvement Plan represents a very conservative approach that will further the City’s capital investments while maintaining compliance with the City’s financial policies. Funding sources for the proposed plan include: General Fund; Economic Development Fund; General Obligation Bond Proceeds; Stormwater Funds; Urban Development Action Grant (UDAG) Funds; Urban Maintenance Contribution and Wastewater Fund.  Lori Braen, Budget Department Analyst, stated this public hearing meets the requirement for the Planning Commission to hold its public hearing after which the City Council will hold its public hearing on March 14, 2012. General comments were made for the viewing audience on the City’s Capital Improvement Plan. The CIP is a five- year funding plan for the long-term acquisition of property and equipment, construction and improvement to public facilities. Each locality has its own set of criteria for capital projects. For the city of Hampton all criteria for capital improvement projects has a cost in excess of $50,000 and a life expectancy of at least five years. In developing the five-year plan there are objectives the committee looks to adhere to; to develop a holistic plan. The objectives are to continue the City’s overall vision of making Hampton “the most livable City in Virginia”; implement the Hampton Community Plan including Master Plan initiatives; maintain current bond rating; merge Hampton City Schools’ strategic plans with City’s capital improvement process; prepare capital budget portion of the annual recommended budget; and balance the on- going economic development needs with existing development. The Planning Commission’s role is to review the proposed plan for its consistency with the Hampton Community Plan. The revenues for the five-year plan for the fiscal year 2013 through 2017 total approximately $153,000,000. All of the revenues can be placed in four broad categories: federal and state government - $153K; general obligation bond proceeds - $51.4M; dedicated sources - $47.3M; and contributions from the general fund - $54.1M. The proposed expenditure projects fall into one of the following categories: education - $37.3M; Hampton’s waterways - $19.2M; Maintenance of public properties/performance support - $50.1M; master plans - $10.3M; neighborhood support -$2.8M; new facilities - $3.0M; other CIP projects - $4.6M; and streets and infrastructure - $25.7M. The majority of the projects included in the five-year plan, especially in FY2013, are maintenance projects which the City is legally obligated to facilitate. The Commissioners were given a copy of the Capital Improvement Plan along with a list of projects. This information is also available in the public libraries, Council Chambers and on-line. Examples were given of things to do that are legally obligated. Under Hampton Waterways there are projects the City has been mandated by the EPA - Environmental Protection Agency - and the DEQ - Department of Environmental Quality. The mandated projects are designed to protect the Chesapeake Bay Watershed by reducing the sewage overflows into the Chesapeake Bay. This project requires the modernization of aged sewer systems. It is not just the city of Hampton but Hampton Roads localities that have come under this consent order by these governing organizations where these issues must be addressed. Outside of the regular maintenance projects are projects recommended by the Waterways Committee which deal with watershed studies, bio-retention and wet ponds that contribute to the healthy waterways in the city of Hampton. Under the category of new facilities Hampton has to construct an animal shelter. Localities in the State of Virginia are required by state code to maintain an animal shelter. Hampton had previously been in a contractual relationship with the SPCA and has been informed that as of June 2013 the SPCA will no longer provide those services to the city of Hampton and the other localities. In turn, due to the requirement by the code of Virginia, Hampton will have to build an animal shelter. In response to Commissioner Young regarding any state or Federal mandates associated with education, Ms. Braen stated the city of Hampton has a legal obligation under state code regarding education that each locality contribute to the site improvements at Thomas Nelson Community College. On a local level the administration in Hampton has been supporting the maintenance and renovation projects for the Hampton City schools. As far as code, Hampton is legally obligated to provide funding for site improvements and that is dependent on the number of Hampton residents enrolled which changes each year. The slide of a pie chart shows the “Strategic Investment Initiatives” and reflects how the projects contained in the five-year plan fall into or align with other strategic investment initiatives. Two categories reflected are “Other Community Plan Initiatives” which cover things such as the fire station on Big Bethel Road, street resurfacing or property acquisition which is city wide and covers more than Master Plan areas; and the second is “Other City Initiatives” which are projects that do not forward the Community Plan Initiatives such as the animal shelter, re-engineering technology and contingency funding. Challenges are always present in developing a five-year plan such as the number of project requests compared with available funding and fiscal constraints of the current economy and factoring in future project funding while staying within the fiscal parameters as set forth by the Council approved financial policies. The graph displayed showing the “Total CIP” shows the monetary dip from prior fiscal years (FY 11 – FY 15) when the economic challenge began. Shown is Hampton’s inability to fund projects as done at previously funded levels. Ms. Braen stated the action requested by the Planning Commission is to receive public comment on the proposed plan and recommend the Plan be forwarded to City Council for approval based on its consistency with the Hampton Community Plan. City Council will hold its public hearing on March 14, 2012 before taking action. The first year of the approved five-year plan will be submitted to City Council as the Capital Budget component of the Manager’s Recommended Budget. The entire plan will be forwarded to City Council. During budget deliberations, City Council will have an opportunity to modify the Capital Budget. For the public’s knowledge, Chairman Campbell stated the Commission has been briefed numerous times on the CIP and questions asked have been adequately addressed by Hampton city staff. There were no speakers.  After discussion, the Commission recommends approval of the Capital Improvement Plan for fiscal years 2013-2017: WHEREAS: the Planning Commission has before it this day the proposed fiscal years 2013-2017 Capital Improvement Plan; WHEREAS: the Planning Commission reviewed the proposed Capital Improvement Plan for consistency with and in support of the City of Hampton’s adopted Community Plan and Master Plans initiatives; WHEREAS: the proposed fiscal years 2013-2017 Capital Improvement Plan is considered a five-year funding plan and is intended to be one of the guides utilized to develop the Manager’s Recommended Budget which will be approved in May 2012; WHEREAS: expenditure categories included in the proposed fiscal years 2013-2017 Capital Improvement Plan are: Education, Hampton’s Waterways, Maintenance of Public Properties and Performance Support, Master Plans, Neighborhood Support, New Facilities, Other CIP Projects, and Streets and Infrastructure; WHEREAS: the estimated cost for the projects included in the proposed fiscal years 2013-2017 Capital Improvement Plan total $153,001,105; WHEREAS: the final adoption of the proposed fiscal years 2013-2017 Capital Improvement Plan will occur at a City Council public hearing to be held on March 14, 2012. Thereafter, the first year of the Plan will be incorporated in the Manager’s Recommended Budget as the Capital Budget component; and WHEREAS: there was no one present to speak during the public hearing. NOW, THEREFORE, on a motion by Commissioner Andre McCloud and seconded by Commissioner James Young, BE IT RESOLVED that the Hampton Planning Commission respectfully recommends the Honorable City Council of the City of Hampton, Virginia, approve the proposed fiscal years 2013-2017 Capital Improvement Plan as presented. A roll call vote on the motion resulted as follows: AYES: McCloud, Young, Bunting, Campbell NAYS: None ABST: None ABSENT: LaRue, Williams, Tuck VI. Community Development Director’s Report There was no report from the Director. VII. Items by the Public There were no items by the public. VII. Matters by the Commission There were no matters by the Commission. IX. Adjournment There being no further business, the meeting adjourned at 4:04 p.m. Respectfully submitted, _______________________________ Terry O’Neill Secretary to Commission APPROVED BY: ________________________________ Carlton Campbell Chairman