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Planning Commission Agendas & Minutes

Regular Meeting

Hampton, VA · August 2, 2012

AgendaMinutes

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, AUGUST 2, 2012 AT 3:38 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 Commissioner Chris Snead was absent. ITEM III. MINUTES A motion was made by Commissioner Andre McCloud and seconded by Commissioner James Young to approve the minutes of the July 5, 2012 work session and Planning Commission meeting as amended. A roll call vote on the motion resulted as follows: AYES: LaRue, Young, McCloud, Williams, Bunting NAYS: None ABST: Campbell ABSENT: Snead IV. Staff Reports A. Youth Planner Report Chyna Matheny, Junior Youth Planner stated the Hampton Youth Commission will hold its annual retreat August 7 and 8, 2012 at Old Dominion University. The purpose of holding the retreat outside of Hampton is to acclimate the commissioners to working out of their comfort zones in an unfamiliar place in order to develop a new perspective. The Commissioners will engage in activities that focus on developing teamwork and work skills, as well as getting to know each other. The Youth Commission is also wrapping up the Youth Friendly Business Project. The analysis of the evaluations of these businesses has been completed and the pass or fail letters have been distributed. The letters include the purpose of the project, the results, and contact information if the business wishes to learn more about the process, especially what and how it can improve. Out of 100 businesses 60 passed. Chairman Campbell welcomed Chyna Matheny on her first presentation and on a job done well. In response to a question by Chairman Campbell Ms. Matheny stated there are 28 students on the Commission. 1 In response to a question by Chairman Campbell, Senior Youth Planner, James Payne stated recruitment is done from students who sit in on a work session. They discuss efficient and effective ways to reach out to the youth and they reach out by going into the four (4) area high schools and telling students to also watch Channel 47. In response to a question by Chairman Campbell as to why she became interested in becoming a Youth Planner, Ms. Matheny stated she was recommended by Evelyn Baumgardner, the outgoing Senior Youth Planner. 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. Conditional Privilege Application No. 128-2012: by Zero’s Subs, Inc. T/A The Jewish Mother Deli & Grille, to allow live entertainment at The Jewish Mother Deli & Grille at 2 Towne Centre Way [LRSN 4004599]. The restaurant is part of the larger 14.4± acre Hampton Towne Centre development and is zoned Langley Flight Approach—Limited Business II (M-5D) and Neighborhood Commercial (C- 1), which permits live entertainment in conjunction with a restaurant subject to securing a Conditional Privilege. The Hampton Community Plan (2006, as amended) recommends commercial for this area. Planner Alison Alexander stated Conditional Privilege 128-2012, by Zero’s Subs, Inc. T/A as The Jewish Mother Deli & Grille is a request for a conditional privilege for Live Entertainment II to allow live entertainment to include acoustic acts, local two or three cover bands, jazz, and comedy. The property is located at 2 Town Centre Way and is zoned C-1 (Neighborhood Commercial District) and M-5D (Langley Flight Approach-Limited Business II) which permits live entertainment in conjunction with a restaurant subject to approval of a conditional privilege. The rear of the property is zoned M5-D which is the Langley Flight Approach. The purpose of this area is to regulate development that is incompatible with military operations and to protect and preserve the public health, safety and welfare. This conditional privilege will not increase the intensity of the use in the Langley Flight Approach and in accordance with the Memorandum of Understanding with Langley they have looked over the application and have no objections. The application supports several of the Hampton Community Plan (2006, as amended) policies such as supporting economic development priorities; expanding entertainment opportunities; nurturing small business; and promoting Hampton as a regional retail destination. 2 The application has ten conditions attached to it such as hours of operation; maximum allowable capacity; sound; term of permit; and a revocation clause. Staff recommends approval of Conditional Privilege 128-2012 subject to ten (10) conditions. Mike Culbert, 118F Little Bay Avenue, Yorktown, Virginia, owner and operator of the Jewish Mother Grille stated he was available for any questions. In response to Commissioner Williams, Mr. Culbert stated Scotty Miller still owns the Jewish Mother in Norfolk and Virginia Beach and he owns the one in Hampton. In response to Chairman Campbell, Mr. Culbert stated that due to the small size and shape of his restaurant entertainment will be acoustical during the week with a guitarist playing to liven things up to make a more fun environment for people to enjoy their meals; a jazz saxophone for Sunday brunch; possibly joining a comedy circuit and having an open mike night; maybe a karaoke night one night a week or a cover band on Friday or Saturday. The Jewish Mother has a 40 year reputation for providing live, local entertainment. Most of the entertainment will be during the evenings from 8:00 or 9:00 PM to 11:00 or 12:00 PM. When asked about not having held a community meeting, Mr. Culbert stated he had not realized how quickly the time came up and there was not enough time to send out a notice. There were no public speakers. After discussion, the Commission approved the following resolution: WHEREAS: the Hampton Planning Commission has before it this day a proposal by Zero’s Subs, Inc. T/A The Jewish Mother Deli & Grille to permit live entertainment in a restaurant at 2 Towne Centre Way [LRSN 4004599]; WHEREAS: the Hampton Community Plan (2006 as amended) recommends commercial use for this property, and the plan encourages an environment that promotes the continued growth of small businesses; WHEREAS: the site is currently zoned Neighborhood Commercial (C-1) District and Langley Flight Approach – Limited Business II (M-5D) District which permits Live Entertainment 2 in conjunction with a restaurant with an approved Conditional Privilege; WHEREAS: ten conditions are attached to address hours of operation, capacity, sound, and a termination clause; and WHEREAS: no one from the public spoke for or against this proposal. NOW, THEREFORE, on a motion by Commissioner Gaynette LaRue and seconded by Commissioner James Young, 3 BE IT RESOLVED that the Hampton Planning Commission does recommend to City Council approval of Conditional Privilege Application No. 128-2012, subject to ten (10) conditions. A roll call vote on the motion resulted as follows: AYES: Larue, Young, McCloud, Williams, Bunting, Campbell NAYS: None ABST: None ABSENT: Snead VI: Community Development director’s Report A: Teen Center Update Debbie Russell, Administrator for Youth Education Family Services for the City of Hampton which includes the city’s Before and After School Program; Healthy Families; the Teen Center; and Infant Toddler Connections and many other programs for the city, stated she has had the opportunity to be involved with the Teen Center over the past couple of years and has seen an evolution of what the Teen Center means. It has taken a number of years of planning and thought among the young people in Hampton and many city departments about what it would be. When it opened it centered around a youth inspired, youth focused facility where all youth can discover their potential and participate in a variety of activities that challenges their minds, bodies and spirit and positively impacts who they are and who they will become in the community. The teen center has a focus of working with young people primarily in high school from 13 to the age of 18. Teen Center programs and outside organization sponsored events provide services in the areas of wellness and fitness; expressive and fine arts; civic, social and cultural identity; academic success; career exploration and workforce development; and personal direction and success. One of the things the Teen Center has tried to do over the years is provide programs that meet the needs of young people. As resources have not been available in this economy to invest in a lot of programs and activities, finances are used to staff and operate the building. In recognizing this, the Teen Center has looked at how to take this facility and make it an available resource to all young people in the community. Ms. Russell stated it is her belief the teen center is a jewel in Hampton’s crown that many have not yet discovered. In order to maintain the programs and maintain high standards both of the facility and the resources and services provided, the Teen Center has embarked on a journey inviting and engaging other organizations that serve young people and to utilize this facility in the delivery of those services. There are a number of non-profit organizations; committed citizens; and faith based organizations providing services to young people but struggle with where to provide it, how to offer it and how to have the resources to provide it. It has become the Teen Center’s roll within the community to provide a facility to help these groups. Several examples were given of both private and public sectors, including schools and Parks and Recreation, using the Teen Center. The facility has also been opened up to Social Services for their Foster Care Family 4 luncheon and the Boys and Girls Club use the facility throughout the year for their lock- ins. There are 268 youth members currently enrolled in the Teen Center. Membership is free for Hampton youth and $25 for those who reside outside the city. During the summer, as summer is a quiet time, there is an average of five new members per month, with most of their activity during the school year with students who are bused after school from the four area high schools. The summer afternoons they are open there are 95 to 135 participants. In August they will be shut down to finish their renovation work. Some of the outlined fall activities include a practice dance studio on the first floor; homework and study lounge; swim lessons; “Youth boardroom” which includes high tech audio and visual resources; and home-school programs. The facility will be open Monday through Friday and will provide transportation from the four area high schools. In response to a question by Chairman Campbell, Ms. Russell explained the hours of operation with the higher demand during the school year, and that the facility is available for rental use. Allison Nelson, director of the Teen Center, explained the rental fee schedule. Regardless of the rental use there is a $50 facility use fee to help recover the cost of general wear and tear on the building (carpet, bathrooms, janitorial services etc.). Depending on when used, whether it is the full facility or part of the rooms, there is an hourly rate. Part of what they try to do at the Teen Center is to create a safe and nurturing environment and they have to have staff on site at all times due to the size of the facility and the way it is laid out. There is a minimum of two staff people for each rental to work and make sure that the facility is ready to go. People are loaded in and out in a specific way to make sure the facility is secure. There is a minimum rental time of four hours on the weekend because of the amount of time it takes to cleanup and get people in and out. Rates have been checked out in the community to make sure a quality program is provided at a reduced rate with rates based on cost recovery only. If a group has a financial issue and is unable to pay the rental fee, the center will work with them to see if the event can be co-sponsored or if they can partner with someone to ensure that finances are not an excuse for not being able to use the Hampton Teen Center. In response to a question by Commissioner Campbell, Ms. Nelson stated the rates are not published on the web site because they are done on a case-by-case basis. In response to a question by Commissioner Young, Ms. Russell stated donations can be accepted but they cannot just do a solicitation. They have actively done specific partnerships and can’t solicit private donations because there is a Teen Center Board that is a separate non-profit and donations can be made to that Board. Donations can also be made to the City and can be designated to specific activities. In reply to a question by Chairman Campbell, Ms. Russell stated it is her belief the Teen Center is living up to its potential as the center is doing what it can at this time in providing services to young people. There is room for growth and opportunity. The 5 center is on the right path offering a safe, nurturing place for kids and the kids are taking ownership and responsibility for the center. Terry O’Neill, Secretary to the Commission stated he has been involved with the Teen Center from the beginning of its idea. He stated it is Important to realize that, unfortunately for the center and the city, the center was opened at the time when the economy and revenue were not doing well. The center’s ultimate potential has not been explored as things are constrained in an economy like this. A lot of people are doing a lot with what they have and are looking forward to better days. In response to a question by Chairman Young, Ms. Russell stated tutoring is not currently being offered but there is a group looking at running a tutorial and literacy program for them. They have a place to do the tutoring and are looking for a partner that has that skill to come in and help with it. In response to a question by Commissioner LaRue, Ms. Russell stated the center is actively working on their goal to have kids come straight from school and use the Teen Center as a social center for after school hours. There was one school last year where no one was getting on the van. This year they are wondering if the van will be big enough because there are so many kids interested. Staff has met with the new president of the Hampton Council PTA and talked about how the PTA’s will help get the word out. Resources are not available to do the marketing to let people know they are there, but once kids find them they come back. Commissioner McCloud stated he appreciated the feedback on Ms. Russell’s report. In response to a question by Commissioner McCloud, Ms. Russell stated the more difficult part of the transportation problem is how to get the young people home. The bus picks them up at the different schools and there is an HRT stop at the Teen Center where they can catch a bus to go home. The students rely on parents, each other and some ride their bikes. Getting them home is something that has to be figured out. The center has staffing for only two drivers and two vans that go to the schools to pick up the students. The bus fee is $10 per month and if the school or a parent registering a student identify and ascertain that a student cannot afford to pay for the transportation, the fee can be waived. Allison Nelson will be the contact to help connect students and organizations wanting to get involved. In response to a question by Commissioner Williams, Allison Nelson stated they are getting ready to address at risk students who are economically or academically challenged and who usually get left behind. The Teen Center has not been marketed well in the past to the school system and there have been many missed opportunities. Their team has met to see how to get this information out and get people in their door. Appointments are being set with principals, counselors and PTA’s. The center wants announcements made daily with reminders of the Teen Center and what is happening. They are open for suggestions. 6 Chairman Campbell and the Commissioners thanked Debbie Russell and Allison Nelson for their informative presentation. In response to a question by Chairman Campbell, Ms. Russell stated volunteers are involved to help with staffing issues. For after hours use, volunteers need to be active on a repetitive basis based on the criteria of opening, closing and safety of the facility. B. Historic Preservation Terry O’Neill stated Keith Cannady, Planning and Zoning Administration Manager would introduce this item. Planner Alison Alexander will then present information the staff has put together. Mr. Cannady stated a little background on this subject might be helpful and that this is an informational briefing no recommendation or action is required. There has been some increased interest in historic preservation in the community a lot of which is due to the activities at Fort Monroe and its recognition as a National Historic Landmark and the significant designation as a National Monument. Within the last four years some districts of the city have been recognized, three districts in particular, as state and federal historic districts. Mr. Cannady stated periodically an application for a rezoning will be seen that is in one of these districts and it may become an issue as a part of that. Staff decided it was important to do a little homework and find out where the districts are located in Hampton. They have been impressed with what was found and how those districts may or may not be protected under their current guidelines. Staff thought it important to take this opportunity to share the information with the Commission. There is a local zoning district on the books in Hampton that has never been mapped. Staff is in the process of evaluating other places where it would be appropriate to increase protection for those resources. Mr. Cannady stated Alison Alexander and Jeff Conkle have done a lot of hard work on this and will share what has been found over the last few months. Jeff Conkle stated the actual resources identified in Hampton are mostly through state and federal efforts. A map was presented which showed the ten state or national districts located within the city. Those in orange are the national districts which are also state districts. The three in yellow are just recognized by the state but are in the process of being recognized by the national government. The ten districts significant in their own way are: Aberdeen Gardens Historic District - an historic district recognized for being an early planned community for the African-American population on the Peninsula Downtown Hampton Historic District - one of the earliest examples of town planning in America which still retains some 1900 century architecture from when the city was burned in 1861 7 Fort Monroe Historic District – notable for many things – most significantly for its role in the Civil War as a haven for the escaped slave Fort Wool Historic District – recognized for the importance in protecting the harbor of Hampton Roads and being the location where Abraham Lincoln watched the Union Army seize the city of Norfolk. Hampton University – Hampton Institute Historic District - recognized as one of the earliest institution of higher education for African-Americans in the US NASA Langley Research Center Historic District – important for its role in the development of American aerospace technology Old Wythe Historic District – a classic streetcar suburb from the late 1800’s and early 1900’s with architectural styles from the era which still stand Pasture Point Historic District – significant as an early suburb of Hampton with a lot of intact residential architecture Phoebus Historic District - a classic example of small town America that retains a lot of its original character Victoria Boulevard Historic District – an early suburb of the city with a lot of historical residential architecture There are also 21 individually recognized structures all over the city, some of which are: • Buckroe Beach Carousel • Buildings on Fort Monroe • St. John’s Church • National Cemetery • Thimble Shoals Light Station (4 miles off the coast in the Bay) • Chesterville Plantation - noted for its archeological value as there are no structures remaining there There are five national Historical Landmarks regarding the Man in Space Theme that led to being able to put a man in space: • Variable Density Tunnel • Full Scale Tunnel • Eight-Foot High Speed Tunnel • Rendezvous Docking • Lunar Landing Research Facility Alison Alexander explained the risks to these historical resources as there are risks to resources in any city. Risks to structures like those shown include: • demolition • lack of investment sometimes called demolition by neglect 8 • inappropriate development due to alteration of these structures or through infill, which is development around the actual historic resource which is not appropriate to its character Ms. Alexander stated the three levels of protection are national, state and local. The previous map displayed the different districts. They are: National • recognizes importance and invites preservation • informs local, state and federal government that a resource exists • qualifies property owners for federal tax credits • does not prevent alterations or demolition State • recognizes importance and invites preservation • informs local, state, and federal governments that a resource exists • qualifies property owners for state tax credits • does not prevent alterations or demolition Local At the local level preservation is controlled through the zoning ordinance and as mentioned there is a district on the books but it is not currently in use. • legitimacy comes from state enabling legislation – which provides guidelines on establishing and implementing programs in different municipalities • can prevent alteration or demolition – program set up by locality for specific neighborhoods or structures • may provide for local tax credits Jeff Conkle explained the benefits of preservation. Included are: job creations; heritage tourism; urban revitalization; better urban design; and various environment benefits. A few studies to further these points are: Economic • For every $1 million spent in historic rehabilitation, 5 jobs are created in construction • in related sectors 6 jobs are created Heritage Tourism • tourists visiting historic attractions stay longer, visit twice as many places and spend more than 2 1/2 times as much as other tourists Environmental Impact • A surprising fact is that a new energy efficient building will take over 35 years to recoup the energy loss by demolishing a building that already stands 9 Ms. Alexander stated things that make a place somewhere one would want to visit or live that are hard to quantify are: Intangible benefits • Preservation gives a distinctiveness quality to a community • sense of place • civic pride • quality of life These are things that would make Hampton “the most livable city in Virginia”. A look was taken at the Community Plan and how it spoke to preservation. It talks of building on Hampton’s historic strengths and assets and speaks to the built environment and its effect on physical activity – communities that are high density and more walkable – which is something people are saying they would like to see again - and leading to a healthy population. A lot of the historic neighborhoods are more walkable and dense than some of our newer developments. The Community Plan also speaks to preserving the housing stock, increasing the value and marketability of homes and redeveloping and revitalizing the area. From the environmental side, the Community Plan talks about reducing waste and construction debris is 25 percent of waste each year. Rehabilitation of homes and other structures is definitely a way to reduce waste. The plan also talks about promoting energy conservation through the use of green building and other conservation techniques. At a recent preservation conference it was noted the greenest building is the one that already exists. In response to a question by Chairman Campbell, Ms. Alexander clarified at the national and state level of designation one can still alter or demolish a structure and in order to quality for tax credits the building must be preserved to standards set by the Secretary of the Interior. In response to a question by Commissioner Young, Mr. Conkle stated in research the state and federal districts usually guide the local municipalities so that often all three may align but do not necessarily have to. In response to a question by Commissioner LaRue, Mr. Cannady stated the key to the state and federal designation is that they create an incentive to preserve according to certain standards. It is the “carrot approach” that states if an historically significant structure is altered and it is done in a way that is consistent with the significance of the building, one can get a substantial state and federal tax credit in exchange for doing that. There is nothing that states one cannot do otherwise – it is not a regulation that states the building must be preserved in a certain way. In response to Commissioner LaRue, Mr. Cannady stated little has been done to let people know when obtaining a building permit that they are in an historic district. He stated that is why research has been done and staff is presenting this information to the Commission. When applications are received staff will inform the Commission if a 10 property is in an historic district even if it is not brought out at the public hearing. A lot has been learned in the last six (6) months and he thought it would be good to share the information with the Commission and find other ways to make the community aware of the benefits and incentives that are there as well as the risks that may be there if structures are not preserved and protected in a certain way. Staff has asked themselves what would be a good way to get the word out and let people know that resources are present in the city of Hampton and what the advantages are for being in those districts. Commissioner LaRue stated it would be a good idea of having guidelines established to help answer some of the questions asked when working on structures in historic districts. Commissioner Campbell stated there should possibly be a general mailing made to communities to let them know when houses reside in an historic district and what could be done to rehabilitate or renovate using federal or state funds. In response to by Chairman Campbell, Mr. Cannady stated the process is just beginning and he would like to schedule time with the Neighborhood Commissions and other groups that would want to know this information. In response to a question by Commissioner Williams, Mr. Conkle stated the prior list is an exhaustive list of everything officially recognized as an historic resource in Hampton. A lot of those have been added in the last few years. There has been some effort to add new things to the state or federal registers. Typically in the research one of the main duties of the local preservation board and city staff that would support it is to actively identity possible new districts or buildings that would be eligible for protection. Chairman Campbell thanked staff for the great information. 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 4:46 p.m. 11 Respectfully submitted, _______________________________ Terry O’Neill Secretary to Commission APPROVED BY: ________________________________ Carlton Campbell Chairman 12

Agenda

PLANNING COMMISSION City of Hampton, Virginia CHAIRMAN: Carlton Campbell VICE-CHAIRMAN: Gregory Williams COMMISSIONERS: Mary Bunting, Gaynette LaRue, Andre McCloud, Chris Snead, James Young WORK SESSION August 2, 2012 @ 3:00 PM – Lawson Conference Room I. Questions about agenda items MEETING AGENDA August 2, 2012 @ 3:30 PM – City Council Chambers I. Call to Order II. Roll Call III. Minutes of the July 5, 2012 Work Session and Planning Commission Meeting IV. Staff Reports A. Youth Planner Report V. Public Hearing Items A. Conditional Privilege Application No. 128-2012: by Zero’s Subs, Inc. T/A The Jewish Mother Deli & Grille, to allow live entertainment at The Jewish Mother Deli & Grille at 2 Towne Centre Way [LRSN 4004599]. The restaurant is part of the larger 14.4± acre Hampton Towne Centre development and is zoned Langley Flight Approach—Limited Business II (M-5D) and Neighborhood Commercial (C-1), which permits live entertainment in conjunction with a restaurant subject to securing a Conditional Privilege. The Hampton Community Plan (2006, as amended) recommends commercial for this area. Staff Contact: Alison Alexander, 728-5238 or aalexander@hampton.gov. VI. Community Development Director’s Report A. Teen Center Update B. Historic Preservation VII. Items by the Public VIII. Matters by the Commission IX. Adjournment Protocol for Public Input at Planning Commission Meetings: Hampton Planning Commission meetings are open to the public. The public is invited to attend meetings and to observe the work and deliberations of the Planning Commission. The public may also address the Planning Commission on public hearing items by signing up to speak. Public hearing sign- up sheets will be available until the specific item is reached during the course of the meeting. Speakers will be recognized in the order in which they sign up and are asked to state their name and address, to limit their comments to 3 minutes, and to avoid repeating comments made by previous speakers. As a courtesy to others during the meeting, please turn off cellular telephones or set them to vibrate. CITY OF HAMPTON COMMUNITY DEVELOPMENT DEPARTMENT PLANNING & ZONING ADMINISTRATION DIVISION 22 LINCOLN STREET, 5TH FLOOR HAMPTON, VA 23669 757-727-6140

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