Planning Commission Agendas & Minutes

AT THE WORK SESSION OF THE HAMPTON PLANNING COMMISSION HELD IN THE LAWSON CONFERENCE ROOM, 8TH FLOOR, CITY HALL, HAMPTON, VIRGINIA, ON THURSDAY, AUGUST 1, 2013, AT 3:00 P.M. Commissioners Carlton Campbell and Thomas Southall were present. Chairman Gregory Williams, Vice Chairman Gaynette LaRue, and Commissioners Andre McCloud, Chris Snead, and Mary Bunting were absent. Mr. Terry O’Neill, Secretary to the Commission, opened the floor for questions and comments regarding the agenda items. Mr. O’Neill stated this meeting would be Senior Deputy City Attorney Vanessa Valldejuli’s last meeting with the Planning Commission as she is going to the City of Chesapeake to be a Deputy City Attorney . Planning and Zoning Administration Division Manager Keith Cannady will be presenting the Division’s annual report. Most departments give an annual report to the City Manager and he would like to keep the Commission in the loop . Senior Zoning Officials Jeff Conkle and David Stromberg will share an approach for moving forward with the zoning ordinance amendment process. If the Commission is in agreement, staff will move forward and bring this process back at some time for adoption. In response to a question from Commissioner Campbell, Mr. O’Neill stated the structure of the zoning ordinance would be different but easier for the public. This is the process other communities use. Mr. O’Neill stated the addition of sidewalks and bike lanes from Pembroke Avenue to Buckroe has just been completed. The meeting adjourned at 3:15 p.m. Planning Commission Work session 20130801 Page 1 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 1, 2013 AT 3:30 P.M. ITEM I. CALL TO ORDER Commissioner Carlton Campbell called the Planning Commission meeting to order. ITEM II. ROLL CALL A call of the roll noted Chairman Gregory Williams, Vice-Chair Gaynette LaRue, and Commissioner Mary Bunting were absent. Commissioner Bunting’s presence was noted at 3:55 p.m. ITEM III. MINUTES A motion was made by Commissioner Snead seconded by Commissioner Southall, to approve the minutes of the July 11, 2013 work session and Planning Commission meeting. A roll call vote on the motion resulted as follows: AYES: Southall, McCloud, Snead, Campbell NAYS: None ABST: None ABSENT: Bunting, LaRue, Williams ITEM IV. STAFF REPORTS A. Youth Planner Report Senior Youth Planner Chyna Matheny presented the Annual Youth Planner Report. She reflected on some of the Youth Commission’s accomplishments. The Hampton Youth Commission reached out to the community with the Youth Component Update Process, the same process used by staff to update the Community Plan in 2010. The kick-off meeting initiated the process and then the focus groups were conducted. Surveys were held to give the youth an opportunity to give their input on Hampton. The first draft of the Youth Friendly Event Guidebook has been completed and the Hampton Youth Commission had an opportunity to give their input on the budget chats. Since the Hampton Youth Commission (HYC) does not meet regularly during the summer they started with a Boot Camp where their new recruits could be trained in preparation for the coming year. Held from June 26 through June 28, the Boot Camp was separated into three days with the following goals: Planning Commission Minutes 20130801 Page 1  1. Passion to Power –those attending got to know one another and gain passion for the Hampton Youth Commission 2. Understanding the Issues – a local government lesson was covered and concerns for the young people of Hampton were discussed 3. Ready to Lead Team Building Activities – the new commissioners held a mock meeting of what they will be doing on Monday nights during the school year Training will also cover preparation for the work ahead and involves a retreat to be held on August 8th and 9th at the Air & Space Museum; the Planning Commissioners are invited to attend. The HYC will develop a work plan, form committees, and have more team building activities. With the Youth Component Stakeholder meetings, the Youth Commission looks forward to reaching out more and meeting potential stakeholders. They will also work with the Youth Friendly Guidebook. The stakeholders will be given the draft of the Guidebook for their feedback so their suggestions can be put in the final copy. The Master Plan Updates will be given the youth perspective from the Youth Planners. A graph was displayed to show how Youth Civic engagement is incorporated into the Community Development Department. Two of the Youth Planners support the Planning and Zoning staff, and a new position for Youth Planner will support the Housing and Neighborhood staff. There will be an open line of communication for collaboration between the two divisions. In response to questions from Commissioner Campbell, Ms. Matheny stated that all but one of the new commissioners attended the Boot Camp. The first draft of the Youth Friendly Guidebook has been completed and will be taken to potential stakeholders for their suggestions and feedback. This feedback will be printed in the Guidebook. The draft has been posted on the website. In response to a question from Commissioner McCloud, Ms. Matheny stated that everything under the outreach category is continuously done. In response to a question from Commissioner McCloud, Youth Sponsor Rashida Costley-Clarke, stated any feedback received from plans, or if something happens in the community, this information goes back to the Youth Commission and is incorporated into whatever plans to which the feedback relates. The results are brought back to commission meetings and they try to relay this information back to the youth and the public. Commissioner Campbell welcomed former Senior Youth Planner James Payne. ITEM V. PUBLIC HEARING ITEMS There were no public hearing items. Planning Commission Minutes 20130801 Page 2 ITEM VI. COMMUNITY DEVELOPMENT DIRECTOR’S REPORT A. Annual Planning & Zoning Administration Division Report Terry O’Neill stated Planning and Zoning Manager Keith Cannady would be presenting the end-of-the-year annual report for activities within the division. Even though there are other divisions within the Community Development Department with which the Commission may interact, the Planning and Zoning Administration Division is the one the Commission primarily interacts with and is supported by. Mr. O’Neill stated he wanted to take this time to share information with the Commission and take any questions and get any feedback the Commissioners would like to share. Keith Cannady stated this is the opportunity to look back on important events and accomplishments of their work over the last fiscal year, from June 2012 to July 2013. A list of the Planning and Zoning Administration Division staff was displayed. Even though this division was not quite fully staffed for most of the year, it is close with one position vacant. Mr. Cannady introduced Matt Smith, the newest staff member to this division. The major topics to be touched on when summarizing the division’s work are land use cases; ordinance amendments; the Hampton Community Plan; Implementation Projects; Technology; and Looking Ahead. A summary of the land use applications that came before the Commission and Council shows when tracking staff recommendations they are concurrent with the outcome with the Planning Commission findings and City Council findings (100% concurrency). Also reflected were major changes made with the Zoning Ordinance Amendments. Cases over the past year that were particularly important consisted of the following: The corner of Woodland Road and East Mercury Boulevard in the North Phoebus area, an important gateway into Phoebus and Fort Monroe, was identified as important in the Phoebus Master Plan. Shown in the concept plan was how the area was to be developed. This area now houses the new CVS Pharmacy on one corner, with another project proposed for the triangular piece of property on the opposite corner that was brought before the commission earlier in the year which implements an earlier recommendation. Another case was the TR Development project and their proposal to allow a funeral home and crematorium on Big Bethel Road. The Community Plan recommended that this site, located at a fairly busy intersection near Big Bethel Road and Todds Lane, be part of a mixed-use commercial node with a concentration of commercial development. The upper part of the corridor was to be preserved for residential development. Mr. Cannady Planning Commission Minutes 20130801 Page 3 stated that this ultimately appears to be where the project is going. The Commission approved this application and it will go before Council in a couple of weeks. A lot of work was done on ordinance amendments with the update of the Subdivision and Site Plan Ordinances as most significant. Mr. Cannady commended Senior Deputy City Attorney Vanessa Valldejuli and the City Attorney’s Office for their work on the major effort to rewrite these ordinances over the past year. Some of the rewrite was driven by new state regulations and by how the federal government wants to regulate stormwater. One of the zoning ordinance amendments brought forward was wind energy generated at one’s home, which is something new. This ordinance illustrated the need to constantly look at the zoning ordinance and make sure it meets today’s needs. The ordinance was successfully updated to meet the demand in the community. Keeping the Community Plan up-to-date is a big work item. The biggest accomplishment was the update of the Phoebus Master Plan which was completed this past fiscal year. Particularly important in this update was the focus on the changes since the 2007 Plan. The community had put good work into the Plan and the City wanted to closely coordinate the changes with the activities at Fort Monroe, its closing, and the establishment of a national monument. The overall goals were in agreement with the community and the need now is to focus on implementation and getting more things accomplished. A simple summary of what will be worked on next year with this master plan is: • Bringing zoning consistent with the priorities as recommended by the plan • Creating an arts and cultural district in that part of the City • Implementing development and gateway opportunities • Maintaining a clean and safe image so people coming into this area will see it in a positive light as Fort Monroe becomes more of an attraction. Some implementation projects that go on in the community as a result of the developed plans are: • Capital Projects in the Master Plan Areas • Continued work on the Joint Land Use Study and the Clear Zone Acquisition • Historic Resources. The foot of the Mugler Bridge is an example of an area which has long been envisioned as a gateway and where public investment would be a good thing. This will go through a number of phases to completion, the first being clean-up and control of the shoreline erosion, and improving water quality. There has been a lot of work planning, designing, and improving the Buckroe Bayfront and beach area. One improvement is a new picnic shelter at Buckroe Beach. Planning Commission Minutes 20130801 Page 4  One of the key initiatives at North King Street was recognizing the street itself as an important link and gateway between downtown and Langley Air Force Base (LAFB), as well as a front door of the neighborhoods located off North King Street. A conceptual view of the plans for the area was shown. The first phase is currently under construction. Similar opportunities and challenges are found along the Kecoughtan Road Corridor which includes gateway and streetscape improvements; this project is also under construction. Year 2012 saw the culmination of work with sister communities and LAFB on a Joint Land Use Study (JLUS); this is to help make Hampton the best possible neighbor with this important facility and to see that compatible things are built around that facility and its mission. One thing recognized in that planning process is that there is only so much that can be done with the zoning for the vital area at the end of the runway. It was concluded that this area would be a good candidate for public ownership that would allow for control of what goes on there and properly limit the development in the Clear Zone. It was recommended that matching funds be sought to purchase property in this area; currently there are $3 million in State funds with matching City funds so property can be purchased from willing sellers to allow better compatibility between Langley and the uses that surround it. A number of important zoning changes resulted from this JLUS study as well. Several months ago the Commission was briefed on historic resources of the City of Hampton. Staff is excited about the research results. A process has been started to become familiar with what historic data is out there and to share the important Hampton history so it can be understood, appreciated, and preserved as Hampton continues to grow and develop as a city. This will be an important part of the work in the development of the Downtown Master Plan and the development of zoning requirements for Phoebus and other projects as they come up. In looking back over the past year, another important thing for the department has been the benefits from the explosion in technology changes. The new software in use to help coordinate and track permits and site plan review is BasicGov. The software program for documents that will keep track of records and information submitted to the Commission and City Council is also changing. The City’s website is being updated. There has been an increase in geographic information on the web and it affects how the department’s work is done. Also being looked at is how to increase public input in the planning process through a web-based program called Mind Mixer. This program would allow the public to make comments without having to attend a meeting. Things the department is looking forward to in the coming year: • Continued implementation of the Joint Land Use Study • Training opportunities for Staff and Commissioners • Phoebus Master Plan Implementation Planning Commission Minutes 20130801 Page 5  • Capital Projects in Master Plan Areas • Wythe School Reuse • Comprehensive Housing Strategy – The Community Development Department (CDD) will partner with the Hampton Redevelopment and Housing Authority (HRHA) and other city agencies to look at today’s housing market and determine the best way to position the City so it can attract the types of housing wanted for the City. Priorities for future Zoning Ordinance amendments include: • Phoebus: Commercial/Mixed Use/Multi-Family • Conversion to Use Tables – converting the long lists in the Zoning Ordinance of permitted uses into user-friendly tables – easier to use and understand • Updated Design Standards: Downtown and Coliseum Central Strategic Planning Priorities: • Armistead Point – process started to develop a master plan for that area • Downtown • Buckroe Master Plan Much of the planning that is done is governed by state legislation, and staff wants to do what is expected at the local government level. Two of those developments being looked at now are: • VDOT/Transportation - making sure the transportation element of the plan meets recent changes in the State Code. • VIMS/Coastal Zone – mandate for how recommendations are made regarding shoreline stabilization (living shoreline). The Community Development Department has been through important changes and reorganization of divisions over the last several years. Several functions in the City have been consolidated and have had the benefit of coordinating things that could not have been done before, such as Zoning now as a part of Planning. Commissioner Campbell, on behalf of the Planning Commission, welcomed the new city planner, Matt Smith. Also welcomed was Leonard Sledge, the new Economic Development Director. In response to a question from Commissioner McCloud, Mr. Cannady stated the difference in the number of cases (heard by PC and approved by CC) is due to the function of the calendar; some cases that happen between the Commission meeting and the Council meetings are in separate fiscal years. Planning Commission Minutes 20130801 Page 6  In response to a question from Commissioner Campbell, Mr. Cannady stated Phase 1 of the King Street Corridor extends from Old Fox Hill Road to Little Back River Road. Also in response to part of the question from Commissioner Campbell, Commissioner Bunting stated the first phase is scheduled to end in the spring of 2014. If funding continues as expected, completion of the total project will be over a period of multiple years. Mr. O’Neill stated that Mr. Cannady briefly touched on the subject of concurrency. The Commissioners – those in particular who have been to the Planning Institute – know that the concurrence rates between the staff’s recommendations, the Planning Commission recommendations, and Council’s actions, shows an extraordinary and unusual benchmark. Historically the concurrence rate shown is something the department is proud of and Mr. O’Neill hopes the Commission and Council are also, as it doesn’t happen in most communities. This is not expected to happen forever at 100% because disagreement somewhere along the line is actually healthy and a way to learn. The concurrence rate tells us there is good alignment between the staff, the Planning Commission, and Council in evaluating these tough issues. Mr. O’Neill expressed appreciation to the Commission for what they do and for their lines of communication and support. That is what it takes to get to those impressive numbers. Commissioner Campbell stated he and Commissioner Snead attended Planning Institute classes together and, along with Commissioner McCloud, can attest to what Mr. O’Neill stated. They have heard many reports on the differences from other cites/towns/municipalities and those who support them. Commissioner Campbell expressed appreciation to the staff and all who support the Commission for the time, effort, and energy put in to provide the Commission with the information needed to enable the Commissioners to make good, informed decisions. B. Briefing on a Proposed Zoning Ordinance Amendment Mr. O’Neill stated this item will be a briefing by Senior Zoning Official Jeff Conkle on an important idea so movement forward can be made on the monumental task of the redraft and restructuring of the Zoning Ordinance. Mr. Conkle’s presentation will give an idea of what the thoughts are on the project and will give the Commission an opportunity to provide feedback. Mr. Conkle stated this presentation is an introduction to Phase 2 of a longer phased project and the idea of use tables In the Zoning Ordinance to help update and modernize the Zoning Ordinance, and intended to make the ordinance easier to understand. Phase 1 is the Use Permit Conditional Privilege Merger that was approved last month by the Commission that will simplify things for those who did not know the difference between Use Permits and Conditional Privileges. Planning Commission Minutes 20130801 Page 7  Mr. Conkle stated he would start with a brief overview as to “What is Zoning?” • The City’s ability to regulate how private property is used • Federal 1924 Standard State Zoning Enabling Act (upheld by the Supreme Court in 1926), at which time a lot of cities began to use zoning ordinances to control what is done on private property • Every property has a “bundle of rights” - Every property in the city has a zoning district which includes basic rights as to what can be done on that property • Ensures compatibility of adjacent land uses - in the 1920’s it was determined one would not want one’s house located next to a factory • Implementation tool for long range plans. Zoning in Hampton • New City of Hampton zoning ordinance of 1960, after merger of Hampton and Elizabeth City County • Revisions over time, but much of original structure still intact - this has become more problematic as the ordinance becomes larger and more complex • Constant need to modernize and simplify ordinance to remain relevant - wind energy was an example given earlier by Mr. Cannady. What’s Allowed Where? • Base zoning districts (42) (i.e. R-11, C-2, SPI-OHB ) • Overlay zoning district (7) (i.e. SPI-CC, SPI-CBPD) • Ways to permit use • By-right (does not require additional review) • Administrative Approved by  Zoning Administrator Permit Staff (requires some review or conditions approved by staff - i.e. Outdoor Dining 1) • Legislative  Use Permit PC& CC  Conditional Privilege PC & CC  Planning Commission Action PC & CC  Special Exception Board of Zoning Appeals (BZA) (PC & CC – Planning Commission and City Council) If approved by City Council the Conditional Privilege category will no longer be used as Conditional Privileges and will be merged with Use Permits. Planning Commission Action (PCA) is only voted on by the Planning Commission and does not require City Council approval. PCA’s are rare and generally apply to things like utility structures; Commission approval means that it met Community Plan recommendations. Planning Commission Minutes 20130801 Page 8  The Board of Zoning Appeals normally hears Variances, Appeals of the Zoning Administrator regarding a decision that has been made, and Special Exceptions. The current ordinance is in long text form with permitted uses described in paragraph form. The ordinance format is in a “pyramid” structure that builds on the previous chapter’s permitted uses. The current ordinance is difficult to read and understand, especially as the ordinance has become more complex. For example, to determine what can be done on a C-3 piece of property, it takes searching through 36 pages of text. The proposed ordinance use table format would be a switch to what most other cities are using. The proposed ordinance process: • Changes long text format to use table format • Provides at-a-glance information about permitted uses without the need to flip between multiple chapters • Dramatically increases ease-of-use for citizens, realtors, developers, etc. • Adopts a format used by many cities nationwide, including all cities of Hampton Roads • Makes amendments to permitted uses much easier (the dozens of amendments heard recently can be pared down in the future by using use tables, tables that could be amended without having to amend 42 zoning districts) Mr. Conkle stated Senior Zoning Official David Stromberg is also present for questions if there are any. Commissioner Campbell stated this is a great and exciting idea. This concept would have saved him many hours of research when he was a commercial real estate agent. He stated he is in favor of this proposal. Commissioner McCloud stated the proposal looks interesting and looks like it will be helpful once all the information is received and compared. ITEM VII. ITEMS BY THE PUBLIC No items by the public. ITEM VIII. MATTERS BY THE COMMISSION Senior Deputy City Attorney Vanessa Valldejuli stated she is going on to the City of Chesapeake to be a Deputy City Attorney and this is her last meeting. She stated she will be leaving the Commission in the great hands of Bonnie Brown who has been here for a year. Bonnie started out as a fellow from the College of William and Mary, Marshall Wythe School of Law, and has been shadowing her closely and working on many of the projects that the Commission has seen this past year. Ms. Valldejuli stated that Ms. Brown will be a great help to the Commission. Ms. Valldejuli Planning Commission Minutes 20130801 Page 9 stated she will miss the commissioners and has enjoyed her tenure with the Commission. Commissioner Campbell stated on behalf of the Commission that Ms. Valldejuli has been a joy to work with. Her passion and depth of knowledge for the law, zoning, and land use, and how valuable it has been to the commissioners when trying to access how to move forward with proposals, has been appreciated. Commissioner Campbell welcomed Ms. Brown, who has some very big shoes to fill, but confident that Ms. Valldejuli did a great job and trained and prepared her to work with these Commissioners. Terry O’Neill presented the following resolution on behalf of the staff of the Community Development Department and the Planning Commission: WHEREAS: Vanessa Valldejuli, Senior Deputy City Attorney, has served faithfully as the legal counsel to the Community Development Department and the Hampton Planning Commission from September 3, 2009 to August 30, 2013; WHEREAS: Vanessa Valldejuli has been instrumental in updating and modernizing the Planning Commission’s by-laws to ensure compliance with applicable codes and accepted best practices for Planning Commissions in the Commonwealth of Virginia; WHEREAS: She has been one of the driving forces behind the monumental multi-year effort to update and revise a broad range of codes and ordinances associated with land development and land use regulation including the site plan ordinance, the subdivision ordinance, and numerous amendments to the zoning ordinance; WHEREAS: Vanessa Valldejuli has served as the City’s primary real estate attorney and, as such, has been an important member of the team which reviews and implements property acquisitions and development projects which help implement the goals and objectives outlined in the City’s adopted master plans; WHEREAS: She has been a key advisor to City Council, the City Manager, and various City departments in assisting to define the unique relationship between the City of Hampton and Fort Monroe as it has transitioned from an active military installation to a new State- owned and managed enclave within the Hampton City limits; WHEREAS: Vanessa Valldejuli was a key player in revising Hampton’s Chesapeake Bay Preservation District Ordinance to effectively meet the environmental goals mandated by the Commonwealth of Virginia while balancing the rights of Hampton property owners; WHEREAS: She was a key resource in assuring that the Buckroe Park and Buckroe Beach were preserved in perpetuity for current and future Planning Commission Minutes 20130801 Page 10  generations of Hamptonian’s through the placement of a conservation easement on this property; WHEREAS: Vanessa Valldejuli served as a key part of the team which helped to shape the reorganization of the Land Development Services Office into the new Development Services Center which provides more predictable as well as enhanced services to a wide range of customers seeking various types of permits; WHEREAS: Vanessa Valldejuli has served as a respected and trusted advisor and resource to the Hampton Planning Commission and staff throughout her entire tenure, and her departure will create a void that will be difficult to replace. NOW, THEREFORE, BE IT RESOLVED that the Hampton Planning Commission and staff of the Community Development Department do hereby express our deepest gratitude and appreciation for Vanessa Valldejuli’s advice, guidance, mentorship, and dedication to the citizens of Hampton over the entire course of her tenure as Senior Deputy City Attorney for the City of Hampton. BE IT FURTHER RESOLVED that the members of the Hampton Planning Commission as well as all members of the Community Development Department wish to express our admiration and best wishes to Vanessa Valldejuli in all of her future personal and professional pursuits. Given this 1st day of August, 2013. ITEM IX. ADJOURNMENT There being no further business, the meeting adjourned at 4:21 p.m. Respectfully submitted, ___________________________________ Terry O’Neill Secretary to the Commission APPROVED BY: ________________________________________ Gregory Williams Chairman Planning Commission Minutes 20130801 Page 11