Planning Commission Agendas & Minutes

PLANNING COMMISSION City of Hampton, Virginia CHAIRMAN: Gregory Williams VICE-CHAIRMAN: Gaynette LaRue COMMISSIONERS: Mary Bunting, Carlton Campbell, Andre McCloud, Chris Snead, Thomas Southall WORK SESSION July 11, 2013 @ 3:00 PM – Lawson Conference Room I. Questions about agenda items MEETING AGENDA July 11, 2013 @ 3:30 PM – City Council Chambers I. Call to Order II. Roll Call III. Minutes of the June 6, 2013 Planning Commission Meeting IV. Staff Reports A. Youth Planner Report V. Public Hearing Items A. Rezoning Application No. 1310-2013 by TR Development Hampton, LLC to rezone parcels at 978 and 1014 Big Bethel Road [LRSNs 4001445 and 4001446], totaling 4.64± acres from Neighborhood Commercial District (C-1) and Single Family Residence (R-11) to a Limited Commercial District (C-2) with conditions, to construct and operate a Funeral Home and Crematorium. C-2 permits a Funeral Home with an approved Conditional Privilege. The existing use of the site is vacant. The Hampton Community Plan (2006, as amended) recommends the Big Bethel Road corridor to develop as a residential corridor with new and expanded commercial uses concentrated within established commercial nodes; the future land use plan recommends the subject parcels as Mixed Use and Low Density Residential. At its June 12, 2013 meeting, City Council referred this item back to the Planning Commission to review and act upon proposed amendments to the original development proposal. Staff Contact: Donald Whipple, 728-5235 or dwhipple@hampton.gov. B. Conditional Privilege Application No. 135-2013 by TR Development Hampton, LLC to operate a Funeral Home and Crematorium on parcels at 978 and 1014 Big Bethel Road [LRSNs 4001445 and 4001446], totaling 4.64± acres. The parcels are zoned Neighborhood Commercial District (C-1) and Single Family Residence (R-11) which requires a rezoning to Limited Commercial District (C-2), and an approved Conditional Privilege to operate a Funeral Home and Crematorium. The Hampton Community Plan (2006, as amended) recommends the Big Bethel Road corridor to develop as a residential corridor with new and expanded commercial uses concentrated within established commercial nodes; the future land use plan recommends the subject parcels as Mixed Use and Low Density Residential. At its June 12, 2013 meeting, City Council referred this item back to the Planning Commission to review and act upon proposed amendments to the original  development proposal. Staff Contact: Donald Whipple, 728-5235 or dwhipple@hampton.gov. C. Rezoning Application No. 1311-2013 by Archie F. & Linda D. Allen, to amend proffered conditions attached to Rezoning No. 748 for 424 E. Queen Street [LRSN 12001058], totaling 0.2 acre to permit the existing marina with an approved use permit, marina related sales, and a bed and breakfast with an approved conditional privilege. While amending the proffers the base zoning designation would remain Neighborhood Commercial (C-1).The Hampton Community Plan (2006, as amended) recommends public/semi-public land uses in this area and supports water related uses on waterfront property. Staff Contact: Mike Hayes (757) 728-5244 or mhayes@hampton.gov. D. Use Permit Application No. 1088-2013 by Archie F. & Linda D. Allen, to permit a marina at 424 E. Queen Street [LRSN 12001058], totaling 0.2 acre. This application accompanies a rezoning application (RZ #1311-2013) to maintain the base zoning district of Neighborhood Commercial (C-1), but amend the proffers to permit a marina with an approved use permit. The existing use of this property is a marina and related sales. The Hampton Community Plan (2006, as amended) recommends public/semi-public land uses in this area and supports water related uses on waterfront property. Staff Contact: Mike Hayes (757) 728-5244 or mhayes@hampton.gov. E. Conditional Privilege Application No. 138-2013 by Archie F. & Linda D. Allen, to permit a bed and breakfast on a boat at 424 E. Queen Street [LRSN 12001058], totaling 0.2 acre. This application accompanies a rezoning application (RZ #1311- 2013) to maintain the base zoning district of Neighborhood Commercial (C-1), but amend the proffers to permit a marina with an approved use permit and a bed and breakfast with an approved conditional privilege. This application is also accompanied by a use permit (UP #1088-2013) for a marina. The existing use of this property is a marina and related sales. The Hampton Community Plan (2006, as amended) recommends public/semi-public land uses in this area and supports water related uses on waterfront property. Staff Contact: Mike Hayes (757) 728- 5244 or mhayes@hampton.gov. F. Zoning Ordinance Amendment No. 075-2013: Ordinance to Amend and Re-enact Chapter 1 of the Zoning Ordinance of the City of Hampton, Virginia Entitled “Zones and General Provisions” by Adding section 1-27 Pertaining to Standards and Requirements for Manufactured Home Parks and Subdivisions Formerly Found in chapter 20. Staff Contact: Steve Shapiro, 727-6246 or sshapiro@hampton.gov. G. Zoning Ordinance Amendment No. 076-2013: Ordinance to Amend and Re-enact Chapter 3 Entitled “R-R District - Residential Rural” of the Zoning Ordinance of the City of Hampton, by Amending sections 3-1 (1), (11), (13) - (15), (18) - (20), (22) - (26), and (31)-(39) Pertaining to Changing the Term “conditional privilege” to “use permit” and Adding certain uses and Conditions Formerly found in chapters 20 and 20.1 of the Zoning Ordinance. Staff Contact: Steve Shapiro, 727-6246 or sshapiro@hampton.gov. H. Zoning Ordinance Amendment No. 077-2013: Ordinance to Amend and Re-enact Chapter 3.1 entitled “R-33 District - One Family Residence District” of the Zoning Ordinance of the City of Hampton, by Amending sections 3.1-2 (3),(7)-(10),(14), and (18)-(26), and Adding sections 3.1-2 (27) and (28) pertaining to changing the term “conditional privilege” to “use permit” and Adding certain uses and conditions  formerly found in chapters 20 and 20.1 of the Zoning Ordinance. Staff Contact: Steve Shapiro, 727-6246 or sshapiro@hampton.gov. I. Zoning Ordinance Amendment No. 078-2013: Ordinance to Amend and Re-enact Chapter 3.2 entitled “R-22 District - One Family Residence District” of the Zoning Ordinance of the City of Hampton, by Amending sections 3.2-2 (3), (7)-(10),(14), and (18)-(26), and Adding sections 3.2-2 (27) and (28) pertaining to changing the term “conditional privilege” to “use permit” and Adding certain uses and conditions formerly found in chapters 20 and 20.1 of the Zoning Ordinance. Staff Contact: Steve Shapiro, 727-6246 or sshapiro@hampton.gov. J. Zoning Ordinance Amendment No. 079-2013: Ordinance to Amend and Re-enact Chapter 3.3 entitled “R-43 District - One Family Residence District” of the Zoning Ordinance of the City of Hampton, by amending sections 3.3-2 (3),(7)- (9),(13), and (17)- (23), and Adding sections 3.3-2 (24)-(28) pertaining to changing the term “conditional privilege” to “use permit” and Adding certain uses and conditions formerly found in chapters 20 and 20.1 of the Zoning Ordinance. Staff Contact: Steve Shapiro, 727-6246 or sshapiro@hampton.gov. K. Zoning Ordinance Amendment No. 080-2013: Ordinance to Amend and Re-enact Chapter 3.4 entitled “R-LL District - One Family Residence District” of the Zoning Ordinance of the City of Hampton, by Amending sections 3.4-2 (3), (7)-(9), (13), and (17)-(23), and Adding sections 3.4-2 (24)-(28) pertaining to changing the term “conditional privilege” to “use permit” and Adding certain uses and conditions formerly found in chapter 20 and 20.1 of the Zoning Ordinance. Staff Contact: Steve Shapiro, 727-6246 or sshapiro@hampton.gov. L. Zoning Ordinance Amendment No. 081-2013: Ordinance to Amend and Re-enact Chapter 4 entitled “R-15 District - One Family Residence District” of the Zoning Ordinance of the City of Hampton, by Amending sections 4-1 (3), (6), (8)-(12), (14), (15), (18), (22) and (28)-(33) pertaining to changing the term “conditional privilege” to “use permit” and Adding certain uses and conditions formerly found in chapters 20 and 20.1 of the Zoning Ordinance. Staff Contact: Steve Shapiro, 727-6246 or sshapiro@hampton.gov. M. Zoning Ordinance Amendment No. 082-2013: Ordinance to Amend and Re-enact Chapter 5 entitled “R-13 District - One Family Residence District” of the Zoning Ordinance of the City of Hampton, by Amending sections 5-1 (2), (6), (9), (11), (12), (14), (15), (17)- (21), and (24)-(29) pertaining to changing the term “conditional privilege” to “use permit” and Adding certain uses and conditions formerly found in chapters 20 and 20.1 of the Zoning Ordinance. Staff Contact: Steve Shapiro, 727- 6246 or sshapiro@hampton.gov. N. Zoning Ordinance Amendment No. 083-2013: Ordinance to Amend and Re-enact Chapter 9 entitled “R-M District - Multiple Residence District” of the Zoning Ordinance of the City of Hampton, by Amending sections 9-1 (9), (11), (14), (20) - (22), (24) - (26), and (28) - (30) pertaining to changing the term “conditional privilege” to “use permit” and Adding certain uses and conditions formerly found in chapters 20 and 20.1 of the Zoning Ordinance. Staff Contact: Steve Shapiro, 727- 6246 or sshapiro@hampton.gov. O. Zoning Ordinance Amendment No. 084-2013: Ordinance to Amend and Re-enact Chapter 10, article I entitled “MD-T District – Multiple Dwelling Townhouse District” of the Zoning Ordinance of the City of Hampton, by Amending sections 10-2 (3), (4), (9), (13), (14), (16)- (19), (21), (23), and (24), and Adding sections 10-2 (25)-(28)  pertaining to changing the term “conditional privilege” to “use permit” and Adding certain uses and conditions formerly found in chapters 20 and 20.1 of the Zoning Ordinance. Staff Contact: Steve Shapiro, 727-6246 or sshapiro@hampton.gov. P. Zoning Ordinance Amendment No. 085-2013: Ordinance to Amend and Re-enact Chapter 10, article II entitled “MD-2 District – Multiple Dwelling District” and article IV entitled “MD-4 District- Multiple Dwelling District” of the Zoning Ordinance of the City of Hampton, by Amending section 10-13 (3) and amending sections 10-35 (4), (5), (7), (10), (12), (13) and adding sections 10-35 (15) - (20) pertaining to changing the term “conditional privilege” to “use permit” and Adding certain uses and conditions formerly found in chapters 20 and 20.1 of the Zoning Ordinance. Staff Contact: Steve Shapiro, 727-6246 or sshapiro@hampton.gov. Q. Zoning Ordinance Amendment No. 086-2013: Ordinance to Amend and Re-enact Chapter 10.1 entitled “R-T District - Residential Transition District” of the Zoning Ordinance of the City of Hampton, by Amending sections 10.1-2 (1), (2), (4), (6)-(9), (12), (13), (15)-(17), and Adding sections 10.1-2 (18) - (21) pertaining to changing the term “conditional privilege” to “use permit” and Adding certain uses and conditions formerly found in chapters 20 and 20.1 of the Zoning Ordinance. Staff Contact: Steve Shapiro, 727-6246 or sshapiro@hampton.gov. R. Zoning Ordinance Amendment No. 087-2013: Ordinance to Amend and Re-enact Chapter 11 entitled “C-1 District – Neighborhood Commercial District” of the Zoning Ordinance of the City of Hampton, by Amending sections 11-1 (34), (43.1), (43.2), (49), (53), (54), (57), (59), (63), (67), and (72) - (74) pertaining to changing the term “conditional privilege” to “use permit” and Adding certain uses and conditions formerly found in chapters 20 and 20.1 of the Zoning Ordinance. Staff Contact: Steve Shapiro, 727-6246 or sshapiro@hampton.gov. S. Zoning Ordinance Amendment No. 088-2013: Ordinance to Amend and Re-enact Chapter 12 entitled “C-2 District – Limited Commercial District” of the Zoning Ordinance of the City of Hampton, by Amending sections 12-1 (8), (9), (11), (13.1), (13.2), (24) - (29), and (31) pertaining to changing the term “conditional privilege” to “use permit” and Adding certain uses and conditions formerly found in chapters 20 and 20.1 of the Zoning Ordinance. Staff Contact: Steve Shapiro, 727-6246 or sshapiro@hampton.gov. T. Zoning Ordinance Amendment No. 089-2013: Ordinance to Amend and Re-enact Chapter 13 entitled “C-3 District – General Commercial District” of the Zoning Ordinance of the City of Hampton, by Amending sections 13-1 (5), (20) - (22), (24) - (26), (29.1) and (29.2(a)) pertaining to changing the term “conditional privilege” to “use permit” and Adding certain uses and conditions formerly found in chapters 20 and 20.1 of the Zoning Ordinance. Staff Contact: Steve Shapiro, 727-6246 or sshapiro@hampton.gov. U. Zoning Ordinance Amendment No. 090-2013: Ordinance to Amend and Re-enact Chapter 14 entitled “M-1 – Limited Manufacturing District” of the Zoning Ordinance of the City of Hampton, by Amending sections 14- 2 (17) - (19), and Adding sections 14 - 2 (21) - (27) pertaining to changing the term “conditional privilege” to “use permit” and Adding certain uses and conditions formerly found in chapters 20 and 20.1 of the Zoning Ordinance. Staff Contact: Steve Shapiro, 727-6246 or sshapiro@hampton.gov. V. Zoning Ordinance Amendment No. 091-2013: Ordinance to Amend and Re-enact Chapter 15 entitled “M-2 District – Light Manufacturing District” of the Zoning  Ordinance of the City of Hampton, by Amending sections 15-1 (1) and (28) - (31) pertaining to changing the terms “conditional privilege” to “use permit” and Adding certain uses and conditions formerly found in chapters 20 and 20.1 of the Zoning Ordinance. Staff Contact: Steve Shapiro, 727-6246 or sshapiro@hampton.gov. W. Zoning Ordinance Amendment No. 092-2013: Ordinance to Amend and Re-enact Chapter 16 entitled “M-3 District – Heavy Manufacturing District” of the Zoning Ordinance of the City of Hampton, by Amending sections 16-1 (26), (27) and (29) pertaining to changing the term “conditional privilege” to “use permit” and Adding certain uses and conditions formerly found in chapters 20 and 20.1 of the Zoning Ordinance. Staff Contact: Steve Shapiro, 727-6246 or sshapiro@hampton.gov. X. Zoning Ordinance Amendment No. 093-2013: Ordinance to Amend and Re-enact Chapter 17.1 entitled “M-4 District – Langley Flight Approach- Land Intensive Manufacturing District” of the Zoning Ordinance of the City of Hampton, by Amending sections 17.1-3 (1)(d), (e) and (r) and sections 17.1-3(2)(e) and (m),and Adding sections 17.1-3(1)(ff) and 17.1-3(2)(hh) pertaining to changing the term “conditional privilege” to “use permit” and Adding certain uses and conditions formerly found in chapters 20 and 20.1 of the Zoning Ordinance. Staff Contact: Steve Shapiro, 727-6246 or sshapiro@hampton.gov. Y. Zoning Ordinance Amendment No. 094-2013: Ordinance to Amend and Re-enact Chapter 17.2 entitled “M-5 District – Langley Flight Approach- Mixed Use District” of the Zoning Ordinance of the City of Hampton, by Amending section 17.2-3 (3) (d) and Adding sections 17.2-3 (4) (q) and (r) pertaining to changing the term “conditional privilege” to “use permit” and Adding certain uses and conditions formerly found in chapters 20 and 20.1 of the Zoning Ordinance. Staff Contact: Steve Shapiro, 727-6246 or sshapiro@hampton.gov. Z. Zoning Ordinance Amendment No. 095-2013: Ordinance to Amend and Re-enact Chapter 17.3, article IV, Special Public Interest District entitled “PL- Public Land District” of the Zoning Ordinance of the City of Hampton, by Adding sections 17.3- 27 (3)- (10) pertaining to changing the term “conditional privilege” to “use permit” and Adding certain uses and conditions formerly found in chapters 20 and 20.1 of the Zoning Ordinance. Staff Contact: Steve Shapiro, 727-6246 or sshapiro@hampton.gov. AA. Zoning Ordinance Amendment No. 096-2013: Ordinance to Amend and Re-enact Chapter 17.3, article VI, Special Public Interest District entitled “SPI-HRC- Hampton Roads Center District” of the Zoning Ordinance of the City of Hampton by Amending sections 17.3-40 (9) and 17.3-41 (2) and (4), and Adding section 17.3-40 (13) - (19) pertaining to changing the term “conditional privilege” to “use permit” and Adding certain uses and conditions formerly found in chapters 20 and 20.1 of the Zoning Ordinance. Staff Contact: Steve Shapiro, 727-6246 or sshapiro@hampton.gov. BB. Zoning Ordinance Amendment No. 097-2013: Ordinance to Amend and Re-enact Chapter 17.3, article XIII, Special Public Interest District entitled “SPI-HRCNC- Hampton Roads Center North Campus” of the Zoning Ordinance of the City of Hampton, by Amending section 17.3-94 (1)(k), and (s), section 17.3-94 (2) (a) and Adding sections 17.3-94 (1)(cc) – (ii) pertaining to changing the term “conditional privilege” to “use permit” and Adding certain uses and conditions formerly found in chapters 20 and 20.1 of the Zoning Ordinance. Staff Contact: Steve Shapiro, 727- 6246 or sshapiro@hampton.gov. CC. Zoning Ordinance Amendment No. 098-2013: Ordinance to Amend and Re-enact Chapter 17.3, article XIV, Special Public Interest District entitled “SPI-HRCW- Hampton Roads Center West” of the Zoning Ordinance of the City of Hampton, by Amending section 17.3-103 (15) – (17), and Adding sections 17.3-103(18) – (24) pertaining to changing the term “conditional privilege” to “use permit” and Adding certain uses and conditions formerly found in chapters 20 and 20.1 of the Zoning Ordinance. Staff Contact: Steve Shapiro, 727-6246 or sshapiro@hampton.gov. DD. Zoning Ordinance Amendment No. 099-2013: Ordinance to Amend and Re-enact Chapter 17.3, article XI –Special Public Interest District entitled “SPI-OH– Old Hampton District” of the Zoning Ordinance of the City of Hampton, by Amending sections 17.3-70 (1) (e), (g), (h), and (l) and section 17.3-70 (2) pertaining to changing the term “conditional privilege” to “use permit”. Staff Contact: Steve Shapiro, 727-6246 or sshapiro@hampton.gov. EE. Zoning Ordinance Amendment No. 100-2013: Ordinance to Amend and Re-enact Chapter 17.3, article XVII, Special Public Interest District entitled “SPI-BBD- Buckroe Bayfront District” of the Zoning Ordinance of the City of Hampton, by Amending section 17.3-135 pertaining to changing the term “conditional privilege” to “use permit” or “zoning administrator permit” and Adding certain uses and conditions formerly found in chapters 20 and 20.1 of the Zoning Ordinance. Staff Contact: Steve Shapiro, 727-6246 or sshapiro@hampton.gov. FF. Zoning Ordinance Amendment No. 101-2013: Ordinance to Amend and Reenact Chapter 20 of the Zoning Ordinance of the City of Hampton, Virginia, by amending Article I entitled “In General,” Pertaining to the Procedure for Applying for and Reviewing Use Permits and Repealing Articles II and III Entitled “Uses in All or Specified Districts” and “Use Permits for Manufactured Mobile Home Parks or Subdivisions,” Respectively, in Their Entirety. Staff Contact: Steve Shapiro, 727-6246 or sshapiro@hampton.gov. GG. Zoning Ordinance Amendment No. 102-2013: Ordinance to Repeal Chapter 20.1 of the Zoning Ordinance of the City of Hampton, Virginia, entitled “Conditional Privileges,” in its entirety. Staff Contact: Steve Shapiro, 727-6246 or sshapiro@hampton.gov. HH. Zoning Ordinance Amendment No. 103-2013: Ordinance to Amend and Re-enact Chapter 1 of the Zoning Ordinance of the City of Hampton, Virginia Entitled “Zones and General Provisions” by Amending Section 1-13 Pertaining to Fence and Wall Regulations. Staff Contact: Steve Shapiro, 727-6246 or sshapiro@hampton.gov. II. Use Permit Application No. 1086-2013: by Manx Developers to allow a shelter for the purpose of accommodating the Salvation Army Transitional Housing Program for United States Veterans and the Emergency Family Housing Program at 3361 Commander Shepard Boulevard (LRSN 6000970). The property is zoned Neighborhood Commercial (C-1), which permits a shelter subject to securing a use permit. The Hampton Community Plan (2006, as amended) recommends Commercial use for this area. Staff Contact: Alison Alexander, 728-5238 or aalexander@hampton.gov. JJ. Use Permit Application No. 1087-2013: by Skin Deep, Inc. to allow a tattoo parlor at 1531 E. Pembroke (LRSN 12003420). The property is zoned Limited Commercial District (C-2), which permits a tattoo parlor subject to securing a use permit. The  Hampton Community Plan (2006, as amended) recommends Commercial use for this area. Staff Contact: Alison Alexander, 728-5238 or aalexander@hampton.gov. KK. Conditional Privilege Application No. 136-2013: by An Event to Remember, LLC to allow live entertainment at An Event To Remember, a restaurant and catering facility. The restaurant is currently located at 2000 W. Mercury Boulevard (LRSN 4002375). The property is zoned Limited Commercial District (C-2), which permits live entertainment in conjunction with a restaurant, subject to securing a Conditional Privilege. The Hampton Community Plan (2006, as amended) recommends mixed use for this area. Staff Contact: Tamaria Green, 728-5129 or tgreen@hampton.gov. LL. Conditional Privilege Application No. 137-2013: by Eat N Go, LLC to allow live entertainment within an existing 6,114+ S.F. building. The proposed restaurant with live entertainment is located at 1911 N. Armistead Avenue (LRSN 7001181). The property is zoned Limited Commercial District (C-2), which permits live entertainment in conjunction with a restaurant, subject to securing a Conditional Privilege. The Hampton Community Plan (2006, as amended) recommends mixed use for this area. Staff contact: Tolu Ibikunle, 728-5237 or tibikunle@hampton.gov VI. Community Development Director’s Report 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