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, MAY 3, 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 Commissioners Donnie Tuck and Mary Bunting were absent. ITEM III MINUTES A motion was made by Commissioner Gaynette LaRue and seconded by Commissioner Andre McCloud to approve the minutes of the March 1, 2012 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 James Payne, Junior Youth Planner addressed the Commission with a question that he had asked himself, “What exactly makes Hampton a unique city and why does the uniqueness of the city make Hampton so great?” He stated there were many answers, such as Langley Air Force Base and the Virginia Air and Space Museum, but had never thought of what he worked for and the youth civic engagement program he works with. They have made a big impact on the city thanks to the Planning Commission, Planning Division and others. Along with their impact on the city they have helped make the city a unique place. Throughout their work they have worked with Coliseum Central on a youth friendly business project on which the businesses in that area were evaluated on youth friendliness. Many categories were evaluated, such as safety, youth oriented merchandise and how the youth evaluating the facilities were treated. In paying attention to the details of the evaluations he noticed the Youth Commissioners, along with the Youth Planners; make a difference within the city of Hampton. Along with the “Youth Friendly Business Project”, the grant process is part of what brings the unique aspect to the city. Eight out of nine grants applied for were approved. The grant process is where youth serving organizations apply for money for their projects. In order for them to receive this money they must meet criteria with the most important being that it is for a youth purpose. James stated it has taken him to the end of the school year to understand why the Youth Commission and Youth Planners make Hampton unique. Every day they try to make Hampton a better place and a better city to live in. Every day they work on things in order to help the city and themselves because throughout this they learn to be better people working with the City of Hampton and role models like the Planning Commissioners. Chairman Campbell stated it had taken him a year and a half to realize the Youth Commission has a nice Facebook site and they do great work. In response to a question by Commissioner LaRue, James explained how to connect to the Facebook page. If one has an account one would type Hampton Youth Commission in the search bar and click on. In response to a question by Commissioner Williams, James stated the Hampton Youth Commission has focused on the aspect of trying to promote the events around Hampton for youth and the youth friendly business project they have worked on. The Teen Center is run mostly by the Youth Center Advisory Board which is another youth civic engagement group. The Hampton Youth Commission does work a little with them and James offered to get in touch with them and get details on Mr. Williams question as to whom the Teen Center has been marketed and who is served by them. Commissioner Williams expressed that the Youth Commission influence in working with the Teen Center might jumpstart more response from those who would use the center. He would like to see some progress. Secretary Terry O’Neill asked if the Commission would like to have James and Evelyn (Evelyn Baumgardner, Senior Youth Planner) arrange for representatives from the Teen Center to attend an upcoming meeting with a lighter agenda and have a discussion with the Commission. James replied they would work on having that done. Commissioner McCloud stated he had spoken with someone from the Youth Planners, Evelyn Baumgardner, last fall and they are limited with what they can do. They can identify ways to get the youth involved but they cannot make it happen. The adults have to be involved. They can canvas their partners as to why there is little attendance so that can be shared and then something can be done. In response to a question by Chairman Campbell, James stated the Candidate Forum went well. They were able to meet with the mayoral and city candidates and learned a lot about them. In response to a question by Commissioner Young, James replied the second forum they attended, but did not host, was the School Board Forum. A mock election for Mayor and City Council was held, but not for the School Board candidates. Commissioners McCloud, Young, Williams and Chairman Campbell let the Youth Planners and the Youth Commission know they were doing a good job. 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 A. Use Permit Application No. 1081-2012: by Bouraee & Heavens, LLC, to allow outdoor dining at 308 Buckroe Avenue [12006878]. The property is zoned Neighborhood Commercial District (C-1), which permits outdoor dining subject to securing a use permit. The Hampton Community Plan (2006, as amended) recommends Mixed-Use for this site. David Stromberg, City Planner stated the applicant is doing business as Heavens Pizza and Tap House. The applicant is proposing to expand an existing restaurant with outdoor dining which requires a Use Permit. The restaurant is located near Buckroe Beach at 308 Buckroe Avenue, approximately 125 feet west of North Mallory Street. The property is zoned C-1 which is a neighborhood commercial district. The properties adjacent to it and across the street are also zoned C-1. C-1 does permit outdoor dining subject to obtaining a Use Permit from City Council. Properties to the rear of this lot are zoned R-8 which permits single- family and duplex residential. The proposal meets several of the objectives of the Community Plan such as safeguarding existing neighborhoods, nurturing small businesses and providing pedestrian oriented retail. There are seven conditions attached to this application, the most pertinent of which is the patio location, which is proposed to be out front; hours of operation; capacity; lighting; and term of permit. Mr. Stromberg stated Mr. O’Neill handed out the responses received by staff from the public including three emails in support of this application. Staff recommends approval of the Use Permit with the attached conditions. Owner Brian Heavens stated he was before the Commission to ask for consideration in this matter and a few of the conditions, one being the addition of another bathroom to the facility. Through the community support they have received they would like to be grandfathered in to allow outdoor seating, in that the previous tenant had outdoor seating. He stated he would like to have one witness come forward to attest the previous owner having had outdoor seating. Jerry Hardin, 18 Seaview Drive, Hampton stated he had had various businesses in the city, bars, restaurant, real estate, a newspaper and other business ventures. Mr. Hardin stated the applicants need some help and anything the Commission could do would be appreciated. He stated the situation was previously there and does not remember problems that arose. He has had places down the beach since the ‘60’s. This will be a credit and there is a need for more good business people. Mr. Hardin stated he would like to see the young entrepreneurs backed because the big corporations get breaks most of the time. Deputy City Attorney Vanessa Valledejuli read for the record items received in support of the application. – email from John Bowman, Bay Brook Homes and a Buckroe resident for 15 years; the Buckroe Civic Association Board of Directors and general membership; and Joan Darren of 2015 North Mallory, Hampton, VA support the application. Commissioner Williams stated he lives in Buckroe, has eaten at this business and it is good to see businesses in Buckroe. It is tough getting commercial down in that area. He stated he is In favor of the request and expanding the dining area could increase the pedestrian traffic. The applicant Brian Heavens stated the area would increase by eight to ten seats. In doing this they would exceed the 15 seat capacity which would require another bathroom. If the seating cannot be extended it would not be feasible to remain open. Commissioner McCloud asked Mr. O’Neill if this Use Permit follows the same guidelines for periodic review so it is not a detriment to the community. Mr. O’Neill turned the question over to Mr. Stromberg to go through the suggested conditions. Mr. Stromberg explained with outdoor dining or live entertainment there is administrative staff review about a year after it has been implemented. Staff recommends approval of Use Permit No. 1081-2012 with seven (7) conditions. After presentation the Commission approved the following Use Permit: WHEREAS: the Hampton Planning Commission has before it this day a proposal by Bouraee & Heavens, LLC d/b/a Heavens’ Pizza and Tap House to allow outdoor dining at an existing restaurant on a 0.15± acre lot at 308 Buckroe Avenue [LRSN 12006878]; WHEREAS: the applicant requests a Use Permit to allow outdoor dining to expand an existing restaurant; WHEREAS: the proposal complies with the Hampton Community Plan (2006, as amended) and Buckroe Master Plan, which recommends this area provide pedestrian-focused retail and mixed-use buildings; WHEREAS: the site is currently zoned Neighborhood Commercial (C-1) District which permits outdoor dining with a Use Permit; WHEREAS: the site is located on the Buckroe Avenue commercial corridor;  WHEREAS: the Buckroe Civic Association and two members of the public submitted letters in support of the application; and WHEREAS: the applicant addressed the Commission regarding the proposal. NOW, THEREFORE, on a motion by Commissioner James Young and seconded by Commissioner Gregory Williams, BE IT RESOLVED that the Hampton Planning Commission does recommend to City Council approval of Use Permit Application No. 1081-2012, subject to seven (7) conditions. A roll call vote on the motion resulted as follows: AYES: LaRue, Young, McCloud, Williams, Campbell NAYS: None ABST: None ABSENT: Bunting, Tuck Mr. O’Neill read the next public hearing item. B. Rezoning Application No. 1302-2012: by The Rebkee Partners Aberdeen, LLC to rezone four (4) parcels of land at 2401 and 2403 W. Mercury Boulevard, and 3 and 5 Greenwood Drive (LRSNs: 3003445, 3003444, 3003452, 3003453) totaling 1.97± acres from Limited Commercial District (C-2) and One-Family Residential District (R-11) to Limited Commercial District (C-2) with conditions to permit a convenience store and gas supply station. The Hampton Community Plan (2006, as amended) and Coliseum Central Master Plan (2004, as amended) recommend this property as Mixed-Use and Low Density Residential. Senior Planner Donald Whipple stated this is a request for the rezoning of four parcels of property approximately 2 acres in total from C-2, Limited Commercial District and two parcels are R-11, one family district, to conditional C-2 for the purpose of redeveloping the site for a convenience store and gas station. The site is located at the southwest corner of the intersection of Mercury Boulevard and Aberdeen Road. This is the commercial property currently known as Good Wood, with a series of buildings that are connected including a commercial entity occupied by a church. There are also two single family lots. With a respect to the public policy of this area while not within the Coliseum Central Business Improvement District (CCBID) it is within the Coliseum Central Master Plan boundaries and because of that the Community Plan Land Use map shows the two commercial properties as recommended as being mixed use and the other two pieces are still shown as low density residential. The property is within the Coliseum Central Master Plan and is within the Power Plant Parkway Master Plan initiative area. Between these two policies most of the things in the Community Plan speak on commercial development along this corridor. A lot of it, in conjunction with what is mentioned in the Coliseum Central Master Plan, speaks to improving Mercury Boulevard as an urban boulevard with respect to landscaping; unifying the signage; lighting; improving site access; and improving pedestrian connectivity. There have been two community meetings for this rezoning request in June 2011 and in February 2012. During the meetings most of the comments mentioned spoke to safety and security, traffic, lighting, pollution with respect to trash and/or air pollution in regards to the gas station portion. While not part of CCBID it is within the master plan area. The applicant decided to develop the project under the CCBID development standards. Based on these criteria they have proffered five conditions that limit the land uses allowed in C-2, and refer to site design, building design, landscaping and signage. A composite from an aerial view of the redeveloped site was shown along with a slide presentation of the building elevations and in front of the podium was a sample display of the material colors and samples associated with the project. While the interior is a prototype of what they do the exterior has specifically been designed for this Hampton location. Mr. Whipple stated that to his knowledge Wawa has never done a red brick building. Staff has worked with the applicant on the elevations. The front, side and rear elevations are the same with all four sides treated with brick and stone. The gas canopy in front of the building on Mercury Boulevard also has the same building elements with respect to the stone and a grey metal roof. A letter was received from the CCBID in support of the application and an email letter of support was received from the owner of the Greenwood Shopping Center which fronts Mercury to the west, adjacent to this site. Based on the public policy recommendations and the applicant’s willingness to proffer an elevated quality of design and development at the site, staff recommends approval with conditions. In response to a question by Commissioner Young, Mr. Whipple stated the proffered conditions were conveyed to the attendees at two prior meetings. The full presentation was not provided but was summarized as done at this meeting. They did have the building elevations and landscape plans available. In response to a question by Commissioner Young, Randy Royal of Kimley-Horn and Associates, Inc., 501 Independence Pkwy, Chesapeake VA, agent representing REBKEE and Wawa stated the written conditions specifically were not available at the community meetings but everything being done - the additional landscaping, fences, and the berm, etc., were shown on the plans and they were presented. The limited uses where the limited C-2 takes out the objectionable uses were not shown. The request is to rezone from C-2 to a conditional C-2. They need the residential property to square off the L-shaped property and they need the two residential properties for the redevelopment as it is difficult to do the project without them. It would be impossible for Wawa to develop the property without the residential properties and would be difficult for anybody to redevelop the property without the two residential properties.  There are many Wawa stores in the area; this would be the first Wawa in Hampton and they are anxious to do more. It will be an asset to the area and will be well run well and kept clean which are some of the issues that were brought up in response to concern about safety and security. Wawa does not allow loitering; no hang out for teenagers or after hours bar crowds. Stores in other areas and cities can be checked out. They do not have security problems as it is not a typical convenience store. In response to questions about children’s safety and getting them safely across the street; there is a crosswalk at Mercury and Aberdeen; there are sidewalks along the frontage and a sidewalk entry into Wawa to keep pedestrians out of the way of traffic. The Wawa traffic engineer and the City’s Traffic Engineer are available for questions. From a general standpoint there will be three access points; currently there are five. They have eliminated access points which traffic engineers will state one does not want a lot of access points on a busy roadway like Mercury Boulevard. The access point from Greenwood Drive is primarily to serve the residents. The intent is to not put traffic down Greenwood Drive when there is access from Aberdeen or Mercury. The property will be heavily landscaped with berms, landscaping, and fencing. Regarding pollution, the requirements put on gas stations are very restrictive and Wawa does not see a problem with it. There will not be trash on the property as Wawa’s are well run and kept very clean. The current site has no green on it; there are no trees or grass, it is all pavement. Wawa will meet the city’s requirements from a water quality standpoint and air quality standpoint. Putting in the landscaping helps and will be a much nicer looking site. Part of this was done in working with Donald Whipple and staff. Even though Wawa did not have to meet Coliseum Central Business Interest District (CCBID) requirements, they did and upgrades were made to make this a gateway into the CCBID. LED lighting is used and directed inward and downward so it does not spill into the neighborhood. The required maximum number of parking spaces is 26 and the applicant will provide 48 which is what they consider will be needed. With additional parking spaces there are additional stormwater and landscaping requirements. Wawa wants parking on site and not the potential for customers parking on the streets in the area. Buffers have been put in there may be other issues that come up. Wawa met with the civic league and they are not certain what the community really desires and are in support of. Wawa believes it to be an asset to the area. Buildings there are old and Mercury Boulevard is an eight lane arterial that needs to be redeveloped. The old needs to come in with the new and with the new one works with the Planning staff to bring the green in; have a nice looking building; have a use that serves the community and it is like the private developers are a redevelopment authority. Wawa feels this will be an asset to the city of Hampton and to the neighborhood. Mr. Royall stated the traffic engineers, the developer, and a Wawa representative were there to answer any questions. In response to a question by Commissioner LaRue, Mr. Royal stated that Wawa Corporation owns all of the properties and runs everything to their standards. In response to Commissioner LaRue’s second question regarding taking in the historical aspect of the neighborhood, Mr. Royal stated the buffer and the decorative fencing at the back of the property; the berm; and the landscaping will create a nice building and landscaped site. The applicant is not aware of any specifics from the neighborhood. The applicant has met with the neighborhood and will answer any questions they ask. In response to a question by Commissioner Williams, Mr. Royal stated the footprint shown on this project is not a standard footprint. They also have larger stores. There is no way to put this footprint on this lot without the two residential lots. Mr. Royal explained the limitations regarding a lot of this size in order to meet required standards. Work is consistently done with municipalities to work out needs but there is a need for the functionality of the layout. There is no additional space to the rear of the lot. Wawa does not want problems for the customer or the community. The two residential lots are not necessary for the additional parking, but to fit the project on the lots In response to a question by Commissioner Campbell, Mr. Royal stated the number of parking spaces are based on the size of the building, but will vary. A typical retail needs about one space for every 200 feet. Some locations need more than others. The number of spaces is based on the number of vehicles that travel the location. The two residential lots are necessary to physically fit the building on the lot to allow adequate parking. In response to a question by Commissioner Young, Mr. Royal stated there are other Wawa’s that back up to residential neighborhoods and he is not aware of any problems at other Wawa locations with a similar situation. In response to a question by Commissioner McCloud, Mr. Royal stated the number of gas pumps in the area was figured into the marketing study. The Wawa however is more of a deli/small grocery and it is not a typical convenience store. Wawa is more about the fresh foods they offer and the right type of convenience; it also sells gas and there is a need for more pumps. Chairman Campbell stated a letter of support has been received from the Raymond Tripp, President of Coliseum Central. An email in opposition was received from Claude Vann of Aberdeen Gardens Civic Association. A packet of petitions in opposition was received from Attorney Robert Harris from a number of individuals along the Mercury Boulevard Corridor. The first speaker was Claude Vann, Jr., 6 Pilgrim Court, Hampton, Virginia. Mr. Vann stated he had no objections to Wawa, but to the 96 gas pumps in a one mile radius and the traffic. One more item does not need to be added to the safety of that area. There are 36 apartment units across the street if there does happen to be a disaster. One block down the street is a school. Mr. Vann stated there is too much traffic activity in that vicinity and he stated that intersection is one of the most dangerous in the Peninsula. There are vacancies in Todd Center that could be used where one could build a grocery store. Traffic on Greenwood Drive would double. Chairman Campbell stated the commercial properties over by Good Wood are not that visually appealing and bring down the property. The model shown with the application seems to be something that would improve the aesthetics of the area. Chairman Campbell asked Mr. Vann if he opposed the Wawa. Mr. Vann stated he opposes the Wawa; if something should be put there it should be a library with the same architecture for all to use. In response to Commissioner Williams’ question, Mr. Vann stated his opposition was not because of the two residential houses. The historic district is a block away and this project is not a good mix. Mr. Vann stated he could not say he would object to all commercial ventures, it would depend on what it was. Claude Vann, III, 1668 Briarfield Road, Hampton, Virginia, president of the Aberdeen Gardens and Historic District stated he was representing the Association in its opposition to the Wawa at that location. He stated he did not see how the people northbound on Aberdeen would get into Wawa on the diagram shown. It appeared to him they would cut down Weaver Road to Greenwood Drive it would jeopardize the safety of the children. He stated Mr. Royal (Kimley-Horn) mentioned that there had been two meetings where their displeasure was made known. There are four convenience stores on Aberdeen Road. Also not shown on the diagram is the CVS drugstore which one has to go through the AAA parking lot in order to go south on Aberdeen Road. Aberdeen is a congested area. It will not get better. Those against the Wawa continually come back to the issue of traffic on Aberdeen Road. They are concerned about property values and safety if a disaster would take place at that location. There are a lot of environmental factors regarding that location if Wawa goes in. There used to be a Rich’s Supermarket there which was highly used and a good fit for the neighborhood. In response to a question by Chairman Campbell question, Mr. Vann replied no one had been approached regarding the CVS drugstore or the AAA. Commissioner McCloud stated both those properties were already commercial. In response to a question by Commissioner Williams, Planner Donald Whipple stated that there is northbound access to Wawa from Aberdeen Road. In response a question by Chairman Campbell, Mr. Whipple explained there would be a black aluminum ornamental fence more fitting for the residential area and an existing chain link fence between the two commercial properties. Michael Allen, 101 West Queens Way, Hampton, VA stated he owns the commercial property on the corner of Aberdeen Road and Mercury Boulevard where the Good Wood Furniture store is located. He bought the property seven years ago. He also owns the residence at 3 Greenwood Drive. He stated he is a lifelong resident of the Peninsula and grew up in Hampton. Mr. Allen stated he also owns commercial property in downtown Hampton and has managed property along West Mercury Boulevard for twenty plus years. He has witnessed the commercial blight along West Mercury. He invested in the property at the intersection on Mercury Boulevard because he believes in the neighborhood’s ability to be revitalized and return to its roots as one of the commercial driving forces in Hampton. Mr. Allen stated he has worked diligently through the long recession to support his tenants with rent abatements and reductions and to address their concerns with vagrants and trespassing issues that have surfaced as the old prime tenants along West Mercury have been replaced by tattoo shops, car title lenders, and third tiered retail. Through patient efforts he has contacted several national retail restaurants and retail chain developers in an effort to invite their consideration of his property. It was not until the national retail chain Wawa contacted him two years ago that he thought he had found the best choice for his property and the West Mercury Boulevard corridor. Wawa is a nationally recognized commercial citizen that understands what is required not only to compete in the highly competitive retail sector but to excel by offering their customers world class service and quality at a price point that only a national competitor can achieve through national economies of scale. Wawa is unique in the retail convenience sector because all the stores are owned by a single corporation, not by thousands of franchisees or affiliates. As a single corporation, each store is carefully monitored and shepherded to meet and exceed the demands of their unique clientele and markets. Like Target and Walmart, Wawa brings national power to each and every store they invest in. Convincing this national brand to invest in West Mercury Boulevard is a big plus for the community and will have direct impact on influencing other national brands to become interested in what is now a much blighted corridor of the city. Mr. Allen stated over the last two decades he has witnessed the challenges experienced by everyone in the neighborhood: increased criminal activity and loss of quality dining and shopping experience. Wawa will bring their national power to brighten, improve and enhance this important entry point of the West Mercury Boulevard commercial corridor. Instead of bringing new problems to the neighborhood, Wawa will serve as a stellar commercial star that will inject millions of dollars and new investment dollars and offer a living wage to 20 or 30 people who live in the neighborhood who have had to travel far for a decent wage. Hampton will benefit with significant long term revenues. In response to a question by Commissioner LaRue, Mr. Allen stated he does not work for Wawa and someone from Wawa could better answer the question. Ted Iobst stated he is a real estate engineer of Wawa. In answer to Commissioner LaRue’s question, the typical employment would be four full time managers (full time employees) and part time could be anything under 40 hours, which could amount from 30 to 60 part-time employees that would be hired within the outlying area. Regina Gilliam and Leroy Gilliam, 15 Greenwood Drive, Hampton, VA, Regina Gilliam stated she objects to a Wawa on Greenwood Drive. She stated her concern about traffic, safety, and pollution and that it is not right to uproot a neighborhood. Leroy Gilliam stated he is concerned about safety for the neighborhood and the amount of traffic on Greenwood Drive. There are other areas that would be more suitable than this neighborhood. It is already difficult at times to get out of the neighborhood and there are other places to get breakfast or food. He suggested that money be spent to beautify the buildings already there. More problems will be created by allowing a Wawa at this location. Michelle Mitchell, 6 Greenwood Drive expressed her opposition to the Wawa proposed rezoning application. She stated her opposition is based on the fact that the neighborhood’s current level of noise and traffic flow is low. For a gas station/ convenience store to be allowed would bring more people into the neighborhood which would increase noise, fumes, traffic and crime. It would also decrease home values. Ms. Mitchell stated she is In favor of commercial growth in Hampton, but not at the expense of homes, neighborhoods and families. There are empty commercial spaces and they should be considered. Her request of the Commission is to not approve this request. Rudy Langford, P. O. Box 282, Hampton, VA, stated the Commission does not see him often because they are doing their job; the Commission is independent and fair. Mr. Langford stated no one knows Hampton like he does. He has heard this (request) is a done deal and that it has already been decided at the Council level and there is no use to come to the meeting, but, this is a procedure that must be gone through. The question is not how pretty; how accessible; or how many people will be employed by Wawa. The question is not about a commercial building on that site, it is about the safety of the children. Aberdeen is an historic neighborhood and Aberdeen Road is the gateway to the community. Black neighborhoods have been developed and torn down and commercial sites put there. It is happening again. Mr. Langford stated he has nothing against Wawa but the question is about the children. When at the intersection of Aberdeen and Mercury on Election Day he was almost run over by four cars trying to cross the intersection. Aberdeen is the second school in the city to be as close to Wawa with the other one, Spratley Middle School, at Woodland Road and Andrews Boulevard, which is located across the street from a 7-11 store. In response to a question by Commissioner LaRue regarding the establishments there and the activity that goes on there now is commercial and if Mr. Langford opposed having commercial activity in that area, Mr. Langford stated he was not but there are other commercial activities that could be put there such as a furniture store; hair salon; barber shop; or a nice convenience store. He stated the issue is not about any of those things; it is about the quality of life for the children. In response to a question by Commissioner Young, Mr. O’Neill stated Commissioner Young was correct in that the two residential lots need to be rezoned and if there was enough square footage on the current commercial lot Wawa or another store that falls into that realm could come in and build and do business. That is the only reason that necessitates a rezoning application. Commissioner Young stated he wished to address a comment made by Mr. Langford about the word on the street that would cause someone to question the ethics of this commission. Commissioner Young stated he has not discussed this issue with anyone, not even this Commission until today. In response to a question by Commissioner Williams, that if was not for these two residential homes a tattoo parlor could build on that property, Mr. O’Neill stated because a vast majority of the property is zoned commercial, there is a long list of commercial type properties that would be permitted as by-right uses including a smaller gas station. William Hardy, 12 Greenwood Drive, stated there are already several tattoo parlors further down on that strip. He stated he does not want to see a Wawa every day when he comes home from work. He had spoken with Mr. Allen last summer when the area was canvassed that he was totally against having a Wawa in that location. This will not be a convenience, it will be a nuisance. A Wawa will impact traffic and will back up traffic. It will also increase crime. Commissioner LaRue stated there have been so many comments and concerns regarding impact traffic will have on that area she would like to have the City Traffic Engineer speak about the results of their study. Chairman Campbell stated the City Traffic Engineer would come up after the speakers have an opportunity to speak. Robert Harris, 34 West Queensway, Hampton, VA, stated he is an attorney in Hampton and represents a number of convenience stores along the Mercury/ Aberdeen corridor. In response to a comment made by Mr. Allen about Wawa stores being like Target or Wal-Mart, his clients feel the same way as Wal-Mart is known as a destroyer of small businesses. Mr. Harris has at least fourteen small convenience stores that have signed petitions and submitted them to the Commission. This will have a major affect on them. There will be empty buildings and unemployed people when Wawa comes in. This is a competitive country and these small business and convenience stores serve their neighborhoods, which they have been doing for years. For each Wawa employee, when the other stores close their will be unemployed people. Wawa is a major player and he questioned how many more Wawas, Targets, Wal-Marts and giant gas stations were needed in Hampton. Mr. Harris stated he has received four more pages with 18 names on each petition since he has been sitting in this meeting. Elizabeth McCoury, 4410 E. Claiborne Square, Executive Director of Coliseum Central Business Improvement District, stated the CCBID represents over 650 businesses and property owners in a 1,900 acre area. She stated they are in support of this rezoning and the Commission has received a letter from Raymond Tripp. She added that she has worked for over twenty years and in two other sister cities (Portsmouth and Suffolk) with historic districts. Although this parcel is not in an historic district, she has never seen a corporate citizen willing to proffer brick or stone or all four sides.  In response to Chairman Campbell’s question, Ms. McCoury stated she represents the Coliseum Central Business Improvement District and they represent 650 business and property owners. CVS and AAA Car Care Center are the only two businesses along the Aberdeen/ Mercury corridor of CCBID. Unfortunately the Wawa location is just outside of the district, however it is in the Coliseum Central Master Plan. She stated the way to have City services such as libraries, where it is not paid for strictly by the residential property owners, is through businesses. If anyone has had time to review the budget the City of Hampton is having to trim back the library hours and asked everyone to take that into consideration. In response to a question by Chairman Campbell, Mr. Harris stated his petitions are signed by business owners and individual citizens. Tom Bailey, owner of 1509 Aberdeen Road which is next to the Aberdeen Historic District stated this would be a good opportunity to go along with the commercial businesses on the other side of Aberdeen. Sam Daniel, 1215 Micott Drive, Hampton, VA, stated Wawa should be concerned about the people who live in that area and should find another place to relocate. Romy Singh, 35 Michigan Avenue, Hampton, VA stated he represents 7-11 with 9,500 franchise owners in the Hampton Roads area. There are several 7-11’s on Mercury Boulevard. With Wawa the city will gain employment; taxes; and revenue, but in the case of Wawa facts should be studied. There are three counties in Maryland who welcomed Wawa and 90 percent of the 7-11’s and the convenience stores disappeared. There are now only Wawa’s. Each store employed 12 to 14 people. Wawa has put them out of business and caused unemployment for those employees. It was a bad impact on those businesses. Mr. Singh stated there are two 7-11’s within a mile of this location on Aberdeen Road and no one has bothered to check the impact the Wawa would have on those stores. He stated he does not think a Wawa will look good upon entering the Coliseum Central area. The Wawa will also cause an impact on the traffic and the school down the road on Aberdeen Road. John Yorks, Traffic Engineer for the City of Hampton stated the traffic study was performed by the applicant and reviewed by the City and the City staff concur with the findings. In response to the two major concerns to the traffic, one is Greenwood Drive. The study determined there would be a minimum influx of traffic from the Wawa on Greenwood Drive based on two things: 1. Most traffic coming down Greenwood Drive would be from the neighborhood; 2. There are 60,000 vehicles on Mercury and another 10,000 – 15,000 on Aberdeen Road versus a couple of hundred on Greenwood Drive. There is significantly more traffic visiting the site from Mercury and Aberdeen (20%). This is a fairly standard assumption in the industry that the origin destination of traffic is based on how busy the roads are. The City concurs with that.  Chairman Campbell reiterated that 20 % of traffic is expected to come from Aberdeen and 80% would be from Mercury. So, even with an entrance point on Greenwood Drive there is no anticipated increase in traffic. Mr. Yorks stated during peak hours there should be less than 100 vehicles an hour. On a site like this something to consider is that this is considered a “pass-by” site as opposed to being a “destination”. If one tends to go to a convenience store it would be on the way to or from work as one passes by. One from Yorktown would not drive in from Yorktown to go to the Mercury/Aberdeen Wawa. It would be someone who predominantly drives up or down that roadway. The assumption is that maybe those additional 100 cars would make it a destination. This is based on industry standard numbers. In response to a question by Chairman Campbell Mr. Yorks stated the number for the increase in traffic from Mercury was in the study but it was not significant. It does lead into the next concern. In the history within the City it is a fact that there is not a lot of additional traffic from the neighborhood for people to drive through the neighborhoods in order to get to a convenience store. What they do have the potential to have are problems at the major driveways on the major facilities. These concerns were made known to the applicant and the applicant has addressed those concerns. The driveways are located significantly far from the intersection of Mercury/Aberdeen so City Traffic Engineering believes it will not impact that traffic signal and the traffic qued up at that intersection. In response to a question by Commissioner Williams, Mr. Yorks stated he had not directly looked at the school bus drop-off and pick up, but has not seen traffic backed up at Aberdeen Road to Mercury. The concern is considered insignificant because the traffic is less than 100 cars in less an hour compared to the 60,000 cars on Mercury Boulevard. In response to a question by Commissioner LaRue on an earlier comment that this intersection is one of the most dangerous intersections in the city, Mr. Yorks stated that on Mercury Boulevard in general the intersections with traffic signals tend to be the highest crash locations because of the number of vehicles that go through. Most of the problems at this intersection are related to Mercury Blvd. Traffic Engineering staff believe Mercury Boulevard would be only moderately impacted by this site. The facility will bring in some additional traffic and the numbers in the study are based on numbers provided by nationally recognized texts which were used by the applicant to make their calculations. There will not be cut throughs to Wawa. The neighborhood in that particular part on Greenwood would use Greenwood to access the Wawa. Mercury Boulevard is already a destination in its connectivity throughout the city and is already used by a lot of people. In response to a question by Commissioner Young, Mr. Yorks stated he would consider Good Wood a destination, but it would not generate as much traffic as Wawa, but as pointed out by the applicant it has a lot of driveways. The closer the driveways are to the intersection the more chance there is of having a crash.  Mr. Royal stated this property could be redeveloped with any number of things with no upgrades and no hearings, such as a tattoo parlor and it could be 24 hours by right. There is an opportunity to clean up this corner; get tax dollars for the City; to have a nice use. He has heard a number of the opposition say they have no problem with Wawa and yet they do not want it here. They want an old dilapidated building and no control over the tenants. He is certain everyone can see this would be an improvement. The children’s safety and school busses have been looked at with the traffic study. The counts are done during the school year. There is not a problem with this intersection which has been confirmed by the City’s engineer. Mr. Royal requested consideration for approval of this request. Mr. Royal asked Ted Iobst, the Wawa representative to respond to Commissioner LaRue. Mr. Iobst responded one of the benefits of being a fully company owned store as opposed to a franchise store is that they have full control over the training of employees and have immediate enforcement if they deter from those standards. Every one of the gas facilities has a yard person whose exclusive function is to maintain the outside of the store and that includes policing the loitering that happens. They do not get confrontational and will ask the individual(s) to leave and then call and let the appropriate people handle it. Mr. Iobst stated they have full security with cameras inside and outside of the store and will are available for the police force for review. In response to a question by Chairman Campbell, Mr. Iobst stated in addition to the outside security employment they have 12 to 16 security cameras which are monitored and recorded on a DVR. Mr. Allen Born, 22 Lynnhaven Drive, stated it is his belief that zoning was created and adapted by almost every municipality for the benefit of the citizens and the municipalities. At times it does not work and commissions like this must hear arguments as to whether it should to be changed to benefit the citizens or municipalities. He heard Davis make remarks toward the 14 other businesses that work, live and pay taxes in Hampton like they are a bunch of rogues running horrible stores. There are 7-11 stores located next to large apartment complexes that have to call the police every 15 minutes. He does not see this as being different. Mr. Born stated he has been to other Wawa’s around the country, has seen the loiterers and has been asked for handouts. They are not perfect. This location would pick up jobs but other jobs will be lost. He does not see from the design how a tractor trailer could get on the site and sees that there will be problems with traffic off Mercury Boulevard. There will be a large traffic impact on Greenwood Drive. In response to Mr. Born, Chairman Campbell stated that is why there is a commission and he guarantees the commission is not in the business to get into cahoots before the hearings. He did not even speak with Mr. Vann prior to the meeting at his request prior to this. He reserves all of his decision making along with this colleagues based on the information gathered during these meetings and information sent them in advance. Their job is not limited to abiding by a set of rules and laws outlined in the zoning ordinance. Their purpose is to take into account all opinions in addition to making sure that the judgments or votes taken are consistent with what they believe to be the job of this commission. They take their job seriously and do not have preconceived ideas or thoughts on how they are going to vote without disclosure of all information. Staff recommends approval of Rezoning Application No. 1302-2010 with five (5) conditions. After discussion, a motion was made by Commissioner James Young, seconded by Gaynette LaRue to approve RZ 1302-2012 subject to the five (5) proffered conditions. A vote with discussion was taken as follows. Commissioner Young stated he has empathy for the Aberdeen Community residents and is respectful of them. Part of the Commission’s responsibility is to assure applications that come before them are in line with the requirements as stated. Much of the discussion has been outside the Commission’s purview of where they are limited in the decisions they make and is more suited for Council discussion. The Planning Commission’ roll is to insure that the requirements, as stated relative to the zoning in the City, are abided by. Anything beyond that is beyond the Commission’s purview. He stated he is torn by the resident’s and the city’s perspectives on this issue relative to how things look, attracting additional business to the city and relieving tax burdens. Commissioner Young stated he had to come back to what his roll is as a Commissioner and base his decision on that. There is currently a lot at the intersection of Mercury and Aberdeen that is zoned commercial with a commercial business there and across the street. He stated he cannot allow his heart to control his decision and therefore has to vote yes. In response to citizen Rudy Langford, Commissioner McCloud stated he was awake and processing information when called out by Commissioner Langford. Commissioner McCloud stated he has heard his fellow Commissioners say that if the two residential houses were not there they would not be here for this meeting and by-right Wawa could move in. Wawa does not want to move in without the two residential properties. This is therefore a rezoning issue because of those two houses. Having worked with the Neighborhood Commission he brought issues before the Planning Commission and Council on issues that impacted his neighborhood and knows how it feels to represent a neighborhood on issues like this. The problem is that this is not a by- right issue. There is commercial property there. The Tidewater AAA office had been mentioned and that the neighborhood had not been notified regarding it being proposed for its current location because it was already zoned commercial and could go there by-right. People who have lived in the community for years have concerns the Commission needs to hear. Mr. Langford mentioned the safety issues with the nearby school. The environmental issue with gas stations was mentioned. The noise level needs to be considered for a 24/7 business, as well as, the property value issue. Commissioner McCloud stated he would like to know how gas pumps improve the aesthetics of Mercury Boulevard. On behalf of the people living in the community and impacted by this request Commissioner McCloud voted no.  Commissioner Williams said he has also flip-flopped on this issue. His major concern is that if Wawa decided this would be a good location, someone else will also feel the same. Someone else could come in without having to get a rezoning and it could be a smaller gas station that would not have to come before the Commission. He stated his caution is whether to go with Wawa, that he knows has some higher standards, or go with something else that would not need any community approval and be a 24 hour business and not improve the neighborhood and possibly bring it down. He knows the community well and the pride of the community. These citizens are trying to tell him something, therefore he goes along with the citizens and voted no. Chairman Campbell stated it has now come to his vote as to whether an approval or denial decision would go to Council. He stated it is his belief that Wawa is a great facility, if scaled down they could possibly go in that location. However it is hard to ignore the number of those opposed to the application (100 names submitted in opposition of this application). Chairman Campbell stated he has listened to all of the discussion and comments; discussion by his fellow Commissioners and to how they have voted. Based on all of the available information he has on this application Chairman Campbell voted no. A roll call on the vote is as follows: AYES: LaRue, Young NAYS: McCloud, Williams, Campbell ABSTAIN: None ABSENT: Tuck, Bunting Rezoning Application 1302-2011 motion to approve failed due to a vote of two for and three against. A motion was made by Commissioner McCloud, second by Commissioner Young for denial of Rezoning Application 1302-2011: WHEREAS: the Hampton Planning Commission has before it this day Rezoning Application No. 1302-2012, a proposal by The Rebkee Partners Aberdeen, LLC to rezone 1.97+ acres on the southwestern corner of the intersection of W. Mercury Boulevard and Aberdeen Road (LRSN# 3003444. 3003445, 300352, 3003553) from Limited Commercial (C-2) District and One Family Residence (R-11) District to conditional C-2 for a convenience store and gas supply station; WHEREAS: the site improvements include replacing the existing structures with an all brick/stone convenience food store and complementary canopy covered gas fueling area; WHEREAS: the site would be redeveloped in accordance with the design guidelines required in the Special Public Interest – Coliseum Central (SPI-CC) District; WHEREAS: the Hampton Community Plan (2006, as amended) recommends this site as a mixed use node; the Plan also recommends high quality design and site planning that is compatible with surrounding development, enhancing community interaction and personal safety; and also recommends enhancing city corridors and gateways as well as encouraging corridor-oriented commercial development; WHEREAS: the subject property is within the boundaries of the Coliseum Central Master Plan (2004, as amended); WHEREAS: the Plan recommends transforming Mercury Blvd. from an unattractive transportation corridor into a generously landscaped urban boulevard with appropriate access points as well as encouraging redevelopment of aging commercial centers to maintain their competitive edge as the surrounding district changes over time; WHEREAS: the applicant has proffered conditions, including limited land uses building elevations, conceptual site plan, lighting and signage; WHEREAS: the public attended two (2) community meetings that were held on June 18, 2011 and February 18, 2012; WHEREAS: several members of the public spoke in favor of the proposal at the Planning Commission public hearing, citing quality redevelopment of blighted and underutilized property and positive reinvestment for the business community; WHEREAS: several members of the public spoke in opposition to the proposal at the Planning Commission public hearing, citing issues with traffic, safety and security, air pollution, and proximity to historic district, as well as unfair competition with other gas station/convenience stores in the area; and WHEREAS: a motion to approve the application with the proffered conditions by Commissioner James Young and seconded by Commissioner Gaynette LaRue failed by a roll call vote of three (3) nays to two(2) ayes. NOW, THEREFORE, on a motion to deny the application by Commissioner Andre McCloud and seconded by Commissioner James Young, BE IT RESOLVED that the Hampton Planning Commission recommends denial of Rezoning No. 1302-2012. A roll call vote on the motion resulted as follows: AYES: LaRue, Young, McCloud, Williams, Campbell NAYS: None  ABST: None ABSENT: Bunting, Tuck C. Zoning Ordinance Amendment 046-2012: Ordinance to amend and re-enact chapter 3.1 entitled “R-33 District One Family Residence District,” chapter 3.2 entitled “R-22 District One Family Residence District,” chapter 3.3 entitled “R-43 District One Family Residence District,” and chapter 3.4 entitled “R-LL District One Family Residence District” of the Zoning Ordinance of the City of Hampton, by deleting sections 3.1-10, 3.2-10, 3.3-10, and 3.4-10 pertaining to administrative corrections. Deputy City Attorney Vanessa Valledejuli stated this is a housekeeping item of zoning provisions that are either obsolete or not in compliance with the Code of Virginia. The specific provisions in chapters 3.1, 3.2, 3.3 and 3.4 of the zoning ordinance that have been deleted refer to administrative corrections to a comprehensive rezoning which cannot take place in accordance to Virginia law. Once these are deleted the ordinance will be in compliance with the code. In response to a question by Chairman Campbell, Deputy City Attorney Valledejuli stated once a comprehensive rezoning takes place administrative changes cannot be done on a property. Those things are handled by other provisions of the Virginia Code – vested rights or the grandfathering provisions. Staff recommends approval of the zoning ordinance amendment: There were no speakers. After presentation the Commission approved the following amendment: WHEREAS: Hampton Planning Commission has before it this day a proposed Ordinance to amend and re-enact chapter 3.1 entitled “R-33 District One Family Residence District,” chapter 3.2 entitled “R-22 District One Family Residence District,” chapter 3.3 entitled “R-43 District One Family Residence District,” and chapter 3.4 entitled “R- LL District One Family Residence District” of the Zoning Ordinance of the City of Hampton, by deleting sections 3.1-10, 3.2-10, 3.3-10, and 3.4-10 pertaining to administrative corrections; WHEREAS: The intent of the amendment is to delete provisions in chapters 3.1, 3.2, 3.3, and 3.4 of the zoning ordinance pertaining to administrative corrections to a comprehensive rezoning inasmuch as the provisions are not in compliance with the Code of Virginia; 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 does recommend to City Council approval of the zoning ordinance amendment to chapters 3.1, 3.2, 3.3, and 3.4 of the zoning ordinance pertaining to administrative corrections. A roll call vote on the motion resulted as follows: AYES: LaRue, McCloud, Williams, Young, Campbell NAYS: None ABST: None ABSENT: Bunting, Tuck VI. Community Development Director’s Report. Secretary Terry O’Neill stated in front of each commissioner’s seat is information regarding the update of the Phoebus Master Plan As directed by Council, the update process of the Phoebus Master Plan is continuing. The first public session will start May 17 at 6:30 at the American Legion Post 48 in downtown Phoebus. The process will take place over the next several months. Council has also asked for the Buckroe Master Plan update which should begin a few months later and will also run for several months. From a staffing prospective they cannot be handled at the same time. This will be an update and review of existing plans and not a start over and will build off the current plans. The commercial and residential markets are completely different than they were in 2005 and 2007. That information will be updated. The community will be asked to help identify a strategic short list of questions or issues that would be most important to address. The normally scheduled meeting date for July is scheduled for the day after July 4, which typically attendance had overwhelming attendance and has been moved in the past. Mr. O’Neill asked if the Commission would like to change the date for that meeting. It was discussed that a date would be determined at the June 7, 2012 meeting. VII. Items by the Public There were no items by the public. VIII. Matters by the Commission There were no matters by the Commission. IX. Adjournment There being no further business, the meeting adjourned at 6:00 p.m. Respectfully submitted, _______________________________ Terry O’Neill Secretary to Commission APPROVED BY: ________________________________ Carlton Campbell Chairman