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, JUNE 7, 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 Chairman Carlton Campbell and Commissioners Gaynette LaRue and Mary Bunting were absent. Gaynette LaRue arrived at 3:50 P.M. ITEM III. MINUTES A motion was made by Commissioner James Young and seconded by Commissioner Andre McCloud to approve the minutes of the May 3, 2012 work session and Planning Commission meeting as amended. A roll call vote on the motion resulted as follows: AYES: Young, McCloud, Williams, Tuck NAYS: None ABST: None ABSENT: LaRue. Bunting, Campbell ITEM IV. Staff Reports A. Youth Planner Report Terry O’Neill, Secretary to the Commission, stated this is Evelyn Baumgardner’s last report to the Commission and the public before she gives up her Youth Planner duties and goes off to college. Evelyn Baumgardner, Senior Youth Planner stated, as the school year is beginning to draw to a close, the Hampton Youth Commission is finishing projects on which they have been working throughout the year. The Policy Committee is finishing the writing of their Youth Friendly Event Guidebook. Through the upcoming year plans are to build relationships with businesses putting on youth events so the strategies they have come up with can be implemented. The Philanthropy and Publicity Committee have written a marketing plan for the upcoming year which includes ways to more effectively get information out to teenagers by use of social media sites such as Facebook and Twitter. The recruitment process for the Commission has ended for the upcoming year and thirteen commissioners have been accepted. Ms. Baumgardner stated she and James Payne have finished their Youth Friendly Business Project and from that they have an evaluation sheet. Focused on were retail businesses, not service or restaurant businesses, located in the Coliseum Central District as shown on the map which was presented. Also presented was a sample evaluation sheet, which showed how each business was evaluated: Safety and Security; Availability; Independence Within Facility; Caring Youth Friendly Staff; Cleanliness; Providing Preparation for the future; Technology; Youth Oriented; and Affordability for teenagers. James Payne and the new Youth Planner will be working on how best to get the information out to the public. Plans are to use a Google map to make an interactive map that people can view to see those businesses that have been rated youth friendly. Ms. Baumgardner stated this is her last presentation and thanked everyone for the opportunity. Evelyn stated she had learned a lot and was certain she would carry many of these lessons with her throughout her life. When asked by Commissioner Young, Ms. Baumgartner stated she would be going to the University of Mary Washington. Commissioner Young offered his congratulations. In response to a question by Commissioner Tuck, Ms. Baumgartner stated letters would be sent to each of the businesses that were evaluated to let them know if they passed or failed, not stating specifically what led to the outcome. This would give the businesses an opportunity to meet with the Youth Planners if they would like to discuss it and get fresh opinions. Terry O’Neill, Secretary to the Commission, stated this is the second time in five or six years the Youth Planners and Commission have undertaken this task. As Evelyn indicated some of the businesses took the opportunity to meet with the Commissioners and the Youth Planners and get feedback as to what the issues were and many were appreciative of it. Not all took advantage of it. 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. ITEM V. PUBLIC HEARING ITEMS Mr. O’Neill read the public hearing item advertised in the Daily Press on May 17 and 24, 2012. A. Conditional Privilege Application No. 124-2012: by I CAN Child Care and Learning Center, LLC, to allow the expansion of a Day Care 3 at 3355 Commander Shepard Boulevard Suites A, B, C & D. [LSRN: 6000971]. The property is zoned Commercial District (C-1), which permits a Day Care 3 subject to securing a conditional privilege. The site also lies within the Special Public Interest - Magruder Visual Corridor Overlay District which recommends proposed developments protect and enhance the visual environment along Magruder  Boulevard. The Hampton Community Plan (2006, as amended) recommends commercial as the land use for the subject property. Staff City Planner, Tamaria Green, stated Conditional Privilege Application No.124- 2012 by I CAN Child Care and Learning Center, LLC. Is proposing to expand an existing day care from 76 to 90 children with ages 6 weeks to 5 years of age and operating five days a week from 6:30 am to 6 pm. The day care center is located at 3355 Commander Shepard Boulevard within the Wythe Creek Shopping Center. The site is currently zoned Neighborhood Commercial District (C-1) which permits day care facilities subject to securing a Conditional Privilege. The site also lies within the Special Public Interest-Magruder Visual Corridor Overlay District which requires all proposed development to be consistent with the existing commerical corridor along Magruder Boulevard. This commercial strip also includes a nail shop; Chinese Restaurant; Curves; a marshall arts studio; and a Pizza eatery. The shopping center was built in 2009; the day care was approved in 2010; in June 2010 an amendment to the conditional priviege was approved in anticipation of the Bojangles Restaurant which allowed a revised circulation plan; and the day care proposed an expansion in April 2012. A conditional privilege is needed for the expansion of a Day Care 3 in a neighborhood commerical C-1 district. The City’s Traffic Engineer reivewed the project and concluded that the proposal is acceptable for vehicle circulation and is not anticiapted to have a significacant impact on the traffic in the area. Ample parking is available on the site. The Hampton Community Plan recommends commerical land use for this area. The Community Plan encourages development that supports high quality community services such as day care centers. The proposal supports the Community Plan’s goals to provide a nurturing environment for youth. Staff recommends approval of this application with eleven (11) conditions. The applicant did not wish to speak. There were no speakers from the public. After discussion, the Commission approved the following resolution: WHEREAS: the Hampton Planning Commission has before it this day a proposal by I Can Childcare and Learning Center, LLC to permit the expansion of a day care center in an existing commercial strip shopping center at 3355 Commander Shepard Boulevard Suite A, Suite B, Suite C, and Suite D [LRSN 6000971]; WHEREAS: the Hampton Community Plan (2006, as amended) recommends commercial land use for this property. The plan also encourages  development that supports high quality community services and a nurturing environment for youth such as day care centers; WHEREAS: the site is currently zoned Neighborhood Commercial (C-1) District which permits Day Care 3 with an approved Conditional Privilege; WHEREAS: eleven conditions are attached to address hours of operation, age and maximum number of children who can be cared for, a requirement to meet Virginia Department of Social Services requirements and a termination clause; and WHEREAS: no one from the public spoke for or against this proposal; and WHEREAS: the applicant opted not to host a community meeting. NOW, THEREFORE, on a motion by Commissioner James Young and seconded by Commissioner Andre McCloud, BE IT RESOLVED that the Hampton Planning Commission does recommend to City Council approval of Conditional Privilege Application No. 124-2012, subject to eleven (11) conditions. A roll call vote on the motion resulted as follows: AYES: Young, McCloud, Williams, Tuck NAYS: None ABST: None ABSENT: LaRue, Bunting, Campbell B. Conditional Privilege Application No. 125-2012: by Brian Harmon to permit a pawn shop at 4908-A West Mercury Boulevard [LRSN 3002528]. The property is zoned Limited Commercial District (C-2), which permits pawn shops subject to securing a use permit. The Hampton Community Plan (2006, as amended) recommends commercial use for this site. Sr. City Planner, Michael Hayes, stated the applicant is requesting a Conditional Privilege to permit a pawn shop. The proposed pawn shop is located at 4908 West Mercury Boulevard, Suite A. The proposal is not to use the entire commercial area; the applicant would just use one of the commercial stalls in the small strip shopping center. The property is zoned C-2, Limited Commercial, which requires a Conditional Privilege for pawn shops. The Hampton Community Plan (2006, as amended), which is the guiding plan for policy issues recommends commercial land uses for this property. The Plan also recommends policies that will encourage and maintain an environment that promotes the continued growth of small businesses.  The applicant, Brian Harmon conducted a community meeting on May 31 and was there for over an hour. No one arrived for this particular meeting. Notices were sent out and the neighborhood commissioner was contacted by phone prior to the meeting. There are eight (8) conditions proposed to be adopted with the conditional privilege which include limiting the hours of operation from 8 am to 8 pm; getting a pawn broker’s license; and a computer system for tracking merchandise that comes with software that is compatible with police deportment software. During the worksession each Commissioner was given a copy of an email from a citizen in opposition to the granting of this conditional privilege. Staff recommends the Conditional Privilege be approved with eight (8) conditions In response to a question from Commissioner McCloud, Mr. Hayes stated the location of the property the email was received from is in the area, but not directly adjacent to this property. In response to a question by Commissioner Young, Mr. Hayes explained the notification process by staff to adjacent property owners. Notification is done within approximately ¼ mile of the applicant’s property. Applicant Brian Harmon, 14 Barnes Court, Hampton, Virginia, stated he also sent notifications to the list of names given to him by Planner Michael Hayes. Mr. Hayes confirmed it was the same list used for staff notifications. In response to a question by Commissioner McCloud, Mr. Hayes stated he could not confirm that the person who had sent the email in opposition was on the list of names of those notified. There were no public speakers signed up to speak. Vice Chairman Williams acknowledged a citizen from the audience. Barbara Stewart, 309 Whealton Road, wanted to know exactly where the pawn shop was to be located. Commissioner Young explained the pawn shop would go into the location of the former Lee Cleaners. Commissioner Tuck stated the location of the email addressee would be approximately two blocks away from the proposed location of the pawn shop. After discussion, the Commission approved the following resolution:  WHEREAS: the Hampton Planning Commission has before it this day a proposal by Brian Harmon to permit the operation of a pawn shop in an existing commercial strip shopping center at 4908 West Mercury Boulevard Suite A [LRSN 3002528]; WHEREAS: the proposal complies with the Hampton Community Plan (2006, as amended), which recommends commercial use of this property and support for small businesses; WHEREAS: the site is currently zoned Limited Commercial (C-2) District which permits pawn shops with an approved Conditional Privilege; WHEREAS: eight conditions are attached to address hours of operation, licensing requirements, integration with the Police Division’s system for tracking merchandise, and revocability of the permit; and WHEREAS: one member of the public submitted an email in opposition to this proposal; and WHEREAS: the applicant arranged a community meeting prior to the public hearing, which no one from the public attended. NOW, THEREFORE, on a motion by Commissioner Andre McCloud and seconded by Commissioner James Young, BE IT RESOLVED that the Hampton Planning Commission does recommend to City Council approval of Conditional Privilege Application No. 125-2012, subject to eight (8) conditions. A roll call vote on the motion resulted as follows: AYES: LaRue, Young, McCloud, Williams, Tuck NAYS: None ABST: None ABSENT: Bunting, Campbell C. Zoning Ordinance Amendment 047-2012: Ordinance to amend and re-enact Chapter 22 of the Zoning Ordinance of the City of Hampton, Virginia entitled “Board of Zoning Appeals” by amending section 22-9 pertaining to appeals to the board and section 22-10 pertaining to procedure on appeal. Sr. Deputy City Attorney Vanessa Valldejuli stated this is a house keeping amendment to chapter 22 sections 22-9 and 22-10 which comes from legislation that was passed by the General Assembly and signed by the Governor on April 4, 2012. The amendment to section 22-9 narrows the instances in which a zoning administrator may modify certain previously issued written orders outside a 60-day time period. Deleted was the phrase “or other nondiscretionary” from the provision that currently excludes “clerical” or “other nondiscretionary” errors from the 60-day limitation. With this amendment the Zoning Administrator would only be able to modify an order that he or an administrator has issued outside the 60-day period for “clerical” errors only. This change is the result of House Bill 166 which was signed by the Governor on April 4, 2012. The amendment to section 22-10 provides that if a vote of the BZA (Board of Zoning Appeals,) pursuant to an appeal, not a variance, results in a tie vote, the person filing the appeal may have the matter carried over until the next meeting of the BZA. Staff recommends approval of the zoning ordinance amendment: There were no speakers. After presentation the Commission approved the following amendment: WHEREAS: the Hampton Planning Commission has before it this day proposed zoning ordinance amendment 047-2012 to amend and re-enact chapter 22 of the Zoning Ordinance of the City of Hampton, Virginia entitled “Board of Zoning Appeals” by amending section 22-9 pertaining to appeals to the board and section 22-10 pertaining to procedure on appeal; WHEREAS: the intent of the amendment to section 22-9 is to narrow the instances in which a zoning administrator may modify certain previously issued written orders outside a 60 day time period by deleting the phrase “or other nondiscretionary” from the provision that currently excludes “clerical” or “other nondiscretionary” errors from the 60-day limitation as required by House Bill 166; WHEREAS: the intent of the amendment to section 22-10 is to provide that if a vote of the BZA, pursuant to an appeal, results in a tie vote, the person filing the appeal may have the matter carried over until the next meeting of the BZA as required by House Bill 1269; 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 the zoning ordinance amendment to chapter 22 of the Zoning Ordinance- Board of Zoning Appeals. A roll call vote on the motion resulted as follows: AYES: LaRue, Young, McCloud, Williams, Tuck NAYS: None ABST: None ABSENT: Bunting, Campbell D. Zoning Ordinance Amendment 048-2012: Ordinance to amend and re-enact chapter 24 of the Zoning Ordinance of the City of Hampton, Virginia entitled “Amendment of Ordinance” by amending sections 24-3(7)(f) and 24-3(10) pertaining to the amendment of proffers. Sr. Deputy City Attorney Vanessa Valldejuli stated this is a house keeping amendment which results from House Bill 326 governing Virginia code §15.2-2302 and talks about rezonings. The change to section 24-3 (7) (f) allows the City Council to amend proffers after the public hearing so long as the changes do not materially affect the overall proposal. The existing legislation allows this action as long as it does not affect use or density. That has now been changed and someone can go before the City Council and the applicant may modify a proffer so long as it does not materially affect the overall proposal. The amended proffer can go forward without going back through the Planning Commission process. The second change to section 23(10) came out of a court case. The change allows a landowner that is subject to proffers already accepted by the City and recorded to apply for an amendment of those proffers so long as other land owners affected by the proffers (in cases where multiple landowners proffered conditions as a result of a land assembly) are given notice pursuant to VA Code §15.22204.H (this notice is provided by the zoning administrator or by the applicant if required by the zoning administrator). The application will be reviewed under the same procedures set forth in section 24-3. Although House Bill 326 gives the city council the option of waiving a public hearing if the amendments do not affect use or density, many of the jurisdictions in Virginia are not choosing to use the waiver provision in order to allow the public to comment on such amendments. Sr. Deputy City Attorney Valledejuli stated her office has researched this and the staff draft has been drafted in such a way that the public hearing is still required. Staff recommends approval of this amendment as drafted. There were no speakers. After presentation the Commission approved the following amendment: WHEREAS: the Hampton Planning Commission has before it this day proposed zoning ordinance amendment 048-2012 to amend and re-enact chapter 24 of the Zoning Ordinance of the City of Hampton, Virginia entitled “Amendment of Ordinance” by amending sections 24-3 (7) (f) and (10) pertaining to the amendment of proffers; WHEREAS: the intent of the amendment to section 24-3 (7) (f) is to allow the city council to amend proffers after the public hearing has begun so long as the changes do not materially affect the overall proposal; WHEREAS: the intent of the amendment to section 24-3(10) is to allow a landowner that is subject to proffers already accepted by the city  and recorded to apply for an amendment to the proffers so long as all other landowners affected by the proffers (in cases where multiple landowners proffered conditions as a result of a land assembly) are given notice pursuant to VA Code §15.2-2204.H; WHEREAS: these amendments are required by House Bill 326 adopted by the 2012 General Assembly; and WHEREAS: there were no speakers 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 the zoning ordinance amendment to chapter 24 of the Zoning Ordinance- Amendment of Ordinance. A roll call vote on the motion resulted as follows: AYES: LaRue, Young, McCloud, Williams, Tuck NAYS: None ABST: None ABSENT: Bunting, Campbell VI. Community Development Director’s Report. Terry O’Neill, Secretary to the Commission stated since the May meeting the first public input session was held on the update of the Phoebus Master Plan. There were about 125 people in attendance. A lot of comments from the public were gathered in terms of the issues they would like addressed in the update process. The consultant team is in the process of doing that. It is anticipated to go back out to the community toward the middle or late summer with the second community input session in regards to the updates of the plan. The Commission will be notified of the next session. 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 4:03 p.m.  Respectfully submitted, _______________________________ Terry O’Neill Secretary to Commission APPROVED BY: ________________________________ Carlton Campbell Chairman