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, NOVEMBER 7, 2013, AT 3:00 P.M. Commissioners Gregory Williams, Carlton Campbell, Andre McCloud, Chris Snead, Chairman Gaynette LaRue and Vice-Chairman Tommy Southall were present. Commissioner Mary Bunting was absent. Chairman LaRue opened the floor for questions and comments regarding the agenda items. In response to a question from Chairman LaRue, Mr. Terry O’Neill, Secretary to the Commission, explained prior attempts made to have additional worksession times either before or after the worksession held on the day of Planning Commission or a worksession held at another time. The worksession could last between 1 to 1 ½ hours, depending on the subject up for discussion. Chairman LaRue stated with the upcoming holidays these meetings could possibly start in January and that staff could give suggested dates and times. Mr. O’Neill stated he would work on a time schedule for the New Year. Mr. O’Neill stated the Budget Department has asked to give the Commission an independent discussion on the Capital Improvement Plan (CIP) when the CIP applications are received in order for the Commission to have a “heads up” on what will be reviewed. Commissioner McCloud stated the time he is aware of an additional worksession having been done, it was done at night. Chairman LaRue stated she had attended the November 4th Youth Commission meeting and was impressed the youth seem to be engaged in understand the CIP presentation. In response to a question from Commissioner Southall regarding Zoning Ordinance Amendment No. 107-2013, Assistant City Attorney Bonnie Brown stated the ordinance language pointed out by Mr. Southall is not changing with the amendment and already exists. This language allows the City, Hampton Redevelopment and Housing Authority, and the Economic Development Authority the right to fence their properties that are up for development in order to limit trespassers. The reasoning behind the ordinance is that fences, as accessory structures, are normally not allowed on vacant land without a primary structure. Planning Commission Worksession 20131107 Page 1 A brief explanation by Mr. O’Neill was that these vacant properties need to be secured until something could be built on them. In response to a question from Commissioner Southall, Mr. O’Neill stated that condition No. 6 for Use Permit Application No. 1091-2013 regarding sufficient staffing to monitor patron behavior is determined by public safety officials. If a complaint is received the location is checked out by appropriate officials and the applicant is notified as to what is necessary to correct the issue. Keith Cannady, Planning and Zoning Administration Manager, stated the goal is to recognize that all situations are not the same and staffing requirements could differ at various locations. It is a judgment call. Zoning enforcement staff provide input to Planning staff regarding these requests prior to their presentation to the Commission. Commissioner Campbell stated he had stopped by this particular location and he was comfortable with the answer he received that there would be sufficient staffing. Staffing would depend on the type of music offered as to what type of crowd it would draw. In response to a question from Chairman LaRue, Mr. Cannady stated the many variables around live entertainment are not conducive to establishing a more specific standard. Mr. O’Neill stated there are other conditions attached to live entertainment applications and upon review permits can be revoked. Mr. O’Neill reminded the Commissioners of the Special Joint Session to be held with City Council on November 13 at the Boo Williams Sportplex. The session will start at 10:00 am and items to be heard are the Armistead Pointe Master Plan update and a briefing on an adoption proposal of Use Tables as part of the zoning ordinance. No action will be asked of either body at this time. Planner Alison Alexander distributed the 2014 Planning Commission calendar and contact information. Ms. Alexander stated Tolu Ibikunle will be the Planning Coordinator starting in December. Commissioner McCloud expressed his thanks to the Commission and staff for his get well cards and support. The meeting adjourned at 3:29 p.m. Planning Commission Worksession 20131107 Page 2 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, NOVEMBER 7, 2013 AT 3:30 P.M. ITEM I. CALL TO ORDER Chairman Gaynette LaRue called the Planning Commission meeting to order. ITEM II. ROLL CALL A call of the roll noted Chairman Gaynette LaRue, Vice-Chair Tommy Southall, Commissioners Gregory Williams, Carlton Campbell, Andre McCloud, and Chris Snead were present. Commissioner Mary Bunting was absent. ITEM III. MINUTES A motion was made by Vice-Chair Southall, seconded by Commissioner Williams, to approve the minutes of the October 3, 2013 work session and Planning Commission meeting. A roll call vote on the motion resulted as follows: AYES: Williams, Campbell, Southall, LaRue NAYS: None ABST: McCloud, Snead ABSENT: Bunting ITEM IV. STAFF REPORTS Youth Planner Report Senior Youth Planner Chyna Matheny provided an update of the Youth Planners and their support of the Hampton Youth Commission for the month of October. Six candidates were recruited on October 15 by the Hampton Youth Commission to fill Commission vacancies. The public meeting held on November 4, 2013 included a briefing on the Capital Improvement Plan (CIP) which informed the Youth Commission on future projects and how they are funded in the City of Hampton. An opportunity was given to the Youth Commissioners for their input. Two special guests attended this meeting; Diana Schor from Brandeis University in Boston and Dr. Peter Rieker from the University of Zurich in Switzerland. The visit is a continuation of their study on Hampton’s framework for Youth Civic Engagement and this meeting gave them an opportunity to observe the youth taking action in Hampton’s government. Planning Commission Minutes 20131107 Page 1  Ms. Matheny thanked Planning Commission Chairman LaRue and City Manager Bunting for attending the November 4 meeting of the Youth Commission and the Commission for its support. In response to a question from Commissioner Campbell, Terry O’Neill stated that Youth Civic Engagement is unique. Ms. Schor, a doctorate candidate from Brandeis University, has been coming to Hampton for the last six or seven years. Her thesis is on Youth Civic Engagement in Hampton. Having been exposed to and being aware of other events outside of Hampton helps Ms. Schor with what is going on in Hampton. Dr. Rieker is a professor at the University of Zurich. Funded by UNICEF, Dr. Rieker is doing research to garner replicable models that allow for getting younger people involved in local government in the European experience, particularly in Germany. Ms. Schor and Dr. Rieker got Hampton’s name through an award nomination from a German not-for-profit organization. This organization told them to visit Hampton and check out what it has done. Somewhere during this process Ms. Schor and Dr. Riker decided to collaborate on this project. In response to a question from Commissioner Campbell, Mr. O’Neill explained that Ms. Schor has worked in other communities to see what they have done and will be returning to Hampton about once a month over the next year as she finishes her doctorate. In doing her dissertation, she has found what Hampton does is quite unique. Mr. O’Neill stated he will see what he can do to get her to share her findings at a Planning Commission meeting. There are two things Ms. Schor can do and they are 1) document what is done, and 2) help us understand how to better what is done. Doing this will make Hampton’s program more replicable to other communities and will help them learn easier. Chairman LaRue and Commissioner Campbell both stated they would like to have Ms. Schor come to a Planning Commission meeting and brief the Commission on her findings in Hampton. Commissioner Williams stated he would like to have the new members of the Hampton Youth Commission come to a meeting. In response to Commissioner Williams, Chairman LaRue stated the Planning Commissioners could attend the Hampton Youth Commission meetings to meet the new members. She also stated how much these youth members impressed her by their understanding of the Capital Improvement Plan (CIP) process. Mr. O’Neill gave Commissioner Snead credit for introducing the CIP to the Youth Commission when she was the Budget Director for the City. Public Hearing Procedures 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. Planning Commission Minutes 20131107 Page 2 ITEM V. PUBLIC HEARING ITEMS A. Rezoning Application No. 1313-2013: by the City of Hampton to rezone 1.59± acres at 35 Water Street [LRSN 12001133] and 47 Water Street [LRSN 12001132] from Limited Commercial (C-2) District to Special Public Interest – Public Land (SPI-PL) District to bring the zoning into conformance with the recommendation of the Phoebus Master Plan (2007, as amended). The Phoebus Master Plan (2007, as amended) recommends the creation of a waterfront park and notes this location as an important gateway to Phoebus and Fort Monroe. City Planner Alison Alexander presented Rezoning Application No. 1313-2013 by the City of Hampton to rezone properties at 35 and 47 Water Street located in Phoebus at the foot of the Mugler Street Bridge from C-2 (Limited Commercial) to SPI-PL (Special Pubic Interest-Public Land), a copy of which is attached hereto and made a part hereof. These and surrounding parcels are zoned C-2. This rezoning will allow facilitation of the redevelopment of this site to the Phoebus Waterfront Park as identified in the Phoebus Master Plan (2007, as amended). The rendering from the Phoebus Master Plan depicts the realization of a long-term waterfront park as well as redevelopment of the surrounding sites. There are many policies in both the Hampton Community Plan (2006 as amended) and the Phoebus Master Plan that provide guidance for reviewing this request. The plans call for promoting public access to the water; promoting the conservation and restoration of waterways; promoting and enhancing the identity of the city’s gateways; and protecting and enhancing public access to waterways and waterfront access. Supported by the community, this request helps achieve the goals of the Master Plans and the City. The proposed use is a park to be completed in several phases. Staff recommends approval of Rezoning Application No. 1313-2013. There were no public speakers, however, a letter from the Partnership for a New Phoebus was received and is in support of the application. After discussion, the Commission approved the following resolution: WHEREAS: the Hampton Planning Commission has before it this day a proposal by the City of Hampton to rezone 35 Water Street [LRSN 12001133] and 47 Water Street [LRSN 12001132]; WHEREAS: the Hampton Community Plan (2006, as amended) recommends mixed use for this property, and the Phoebus Master Plan (2007, as amended) notes this as one of the few locations in Phoebus with public access to Mill Creek and recommends the creation of a waterfront park; WHEREAS: these plans promote public access to the water, promote conservation and restoration of waterways, and promote and enhance the identity of city gateways; Planning Commission Minutes 20131107 Page 3  WHEREAS: the site is currently zoned Limited Commercial (C-2) District; WHEREAS: approval of this application would rezone the property to Special Public Interest – Public Land (SPI-PL) District, which is used for land intended to be conserved and protected and/or used for public open space and recreational purposes; WHEREAS: no proffers are attached to this rezoning; and WHEREAS: no one from the public spoke for or against this proposal. NOW, THEREFORE, on a motion by Commissioner Carlton Campbell and seconded by Commissioner Chris Snead, BE IT RESOLVED that the Hampton Planning Commission recommends to City Council approval of Rezoning Application No. 1313-2013. A roll call vote on the motion resulted as follows: AYES: Williams, Campbell, McCloud, Southall, Snead, LaRue NAYS: None ABST: None ABSENT: Bunting B. Zoning Ordinance Amendment No. 107-2013: Ordinance to Amend and Reenact Chapter 1 Entitled, “Zones and General Provisions”; Chapter 3 Entitled, “R-R District – Rural Residential”; Chapter 3.1 Entitled, “R-33 District – One Family Residence District”; Chapter 3.2 Entitled, “R-22 District – One Family Residence District”; Chapter 3.3 Entitled, “R-43 District – One Family Residence District”; Chapter 3.4 Entitled, “R-LL District – One Family Residence District”; Chapter 4 Entitled, “R-15 District – One Family Residence District”; Chapter 5 Entitled, “R-13 District – One Family Residence District”; Chapter 6 Entitled, “R-11 District – One Family Residence District”; Chapter 7 Entitled, “R- 9 District – One Family Residence District”; Chapter 8 Entitled, “R-8 District – Two Family Residence District”; Chapter 9 Entitled, “R-M District – Multiple Residence District”; Chapter 10 Article I Entitled, “MD-T District – Multiple Dwelling Townhouse District”; Chapter 10 Article II Entitled, “MD-2 District – Multiple Dwelling District”; Chapter 10 Article III Entitled, “MD-3 District – Multiple Dwelling District”; Chapter 10 Article IV Entitled, “MD-4 District – Multiple Dwelling District”; and Chapter 10.1 Article I Entitled, “RT-1 District – Todds Lane And Big Bethel Road” of the Zoning Ordinance of The City of Hampton, Virginia, By Amending Sections 1-13, 3-8, 3.1-9, 3.2-9, 3.3-9, 3.4-9, 4- 8, 5-8, 6-8, 7-8, 8-8, 9-8, 10-12, 10-23, 10-34, 10-42, and 10.1-11 Pertaining to Fences, As The Provisions Governing Residential Fencing Were Formerly Located In Chapter 18 But Are Now Located In Chapter 1 Of The Zoning Ordinance. Planning Commission Minutes 20131107 Page 4  Assistant City Attorney Bonnie Brown presented the staff report. The proposed amendment to the ordinance is a housekeeping amendment correcting a cross- reference in 17 chapters of the zoning ordinance. In a prior zoning ordinance amendment, residential fence regulations were moved from Chapter 18 into Chapter 1 which governs general provisions, but all the residential chapters still refer to Chapter 18; this amendment will correct that error. The entire section can be removed because Chapter 1 will apply to all residential rural, one or two family residence, multiple residence, multiple dwelling, or residential transition districts, so there is no need to state it in each of the 17 districts. In response to questions from Commissioner McCloud and Commissioner LaRue, Mr. Terry O’Neill stated the regulations in all zones will remain the same and there will be no cross reference or confusion as to where it is located in the ordinance. After discussion, the Commission approved the following resolution: WHEREAS: the Hampton Planning Commission has before it this day ZOA 107- 2013, a proposed ordinance to amend and reenact Chapter 1 Entitled, “Zones and General Provisions”; Chapter 3 Entitled, “R-R District – Rural Residential”; Chapter 3.1 Entitled, “R-33 District – One Family Residence District”; Chapter 3.2 Entitled, “R-22 District – One Family Residence District”; Chapter 3.3 Entitled, “R-43 District – One Family Residence District”; Chapter 3.4 Entitled, “R-LL District – One Family Residence District”; Chapter 4 Entitled, “R-15 District – One Family Residence District”; Chapter 5 Entitled, “R-13 District – One Family Residence District”; Chapter 6 Entitled, “R-11 District – One Family Residence District”; Chapter 7 Entitled, “R-9 District – One Family Residence District”; Chapter 8 Entitled, “R-8 District – Two Family Residence District”; Chapter 9 Entitled, “R-M District – Multiple Residence District”; Chapter 10 Article I Entitled, “MD-T District – Multiple Dwelling Townhouse District”; Chapter 10 Article II Entitled, “MD-2 District – Multiple Dwelling District”; Chapter 10 Article III Entitled, “MD-3 District – Multiple Dwelling District”; Chapter 10 Article IV Entitled, “MD-4 District – Multiple Dwelling District”; and Chapter 10.1 Article I Entitled, “RT-1 District – Todds Lane And Big Bethel Road” of the Zoning Ordinance of the City of Hampton, Virginia by amending Sections 1-13, 3-8, 3.1-9, 3.2-9, 3.3-9, 3.4-9, 4-8, 5-8, 6-8, 7-8, 8-8, 9-8, 10-12, 10-23, 10-34, 10-42, and 10.1-11 pertaining to fences; WHEREAS: the provisions governing residential fencing were formerly located in Chapter 18 but are now located in Chapter 1 of the Zoning Ordinance; WHEREAS: the Zoning Ordinance sections listed above now incorrectly reference Chapter 18; Planning Commission Minutes 20131107 Page 5  WHEREAS: this amendment will correct that erroneous reference to Chapter 18; WHEREAS: no one from the public spoke for or against this proposal. NOW, THEREFORE, on a motion by Commissioner McCloud and seconded by Commissioner Williams, BE IT RESOLVED that the Hampton Planning Commission recommends to City Council approval of Zoning Ordinance Amendment 107-2013. A roll call vote on the motion resulted as follows: AYES: Williams, Campbell, McCloud, Southall, Snead, LaRue NAYS: None ABST: None ABSENT: Bunting C. Use Permit Application No. 1091-2013: by Cathy Kane for live entertainment inside The Point restaurant at 30 E. Mellen St. [LRSN 12001399]. The property is zoned Limited Commercial (C-2) District, which permits with an approved use permit, live entertainment in association with a restaurant. The Hampton Community Plan (2006, as amended) recommends mixed-use in this area. The Phoebus Master Plan (2007, as amended) supports the development of Mellen St. as a regional destination occupied by unique businesses that maintain the distinctive character of the neighborhood. City Planner Matt Smith presented Use Permit 1091-2013 by Cathy Kane for live entertainment inside the Point Restaurant at 30 E. Mellen Street, located in Phoebus, a copy of which is attached hereto and made a part hereof. The applicant proposes to supplement the current lunch and dinner business by offering their patrons live entertainment. The parcel is zoned C-2 (Limited Commercial) which allows live entertainment with a use permit. City policy speaks to this and promotes the expansion of this use. The Hampton Community Plan (2006, as amended) promotes the expansion of entertainment opportunities throughout Hampton and the Phoebus Master Plan promotes Phoebus as a unique regional destination. Additionally, as part of the Phoebus Master Plan, a market study was conducted that indicated development efforts could benefit from building Phoebus’ brand as an arts and cultural district. Staff recommends the attachment of 12 conditions to this use permit which includes location of the live entertainment within the restaurant; hours; restrictions on sound; third party promoters; and term of permit. Staff recommends approval of Use Permit No. 1091-2013 with 12 conditions, Planning Commission Minutes 20131107 Page 6  A letter of support from the Partners for a New Phoebus was submitted to Chairman LaRue. Commissioner Campbell commented that this is a perfect venue for this request. Applicant Cathy Kane, 31 Tidball Road, Fort Monroe, VA, stated no community meeting had been held but she and her partner went to all the surrounding residents and merchants and advised them of what the request involved. The type of clientele their venue attracts will be for the “laid back” 30+ age group. Commissioners Campbell and Williams welcomed new City Planner Matt Smith. There were no public speakers. After discussion, the Commission approved the following resolution: WHEREAS: the Hampton Planning Commission has before it this day a use permit application by Cathy Kane to permit live entertainment inside The Point restaurant at 30 E. Mellen St. (LRSN 12001399); WHEREAS: the Hampton Community Plan (2006, as amended) calls for the expansion of entertainment and cultural opportunities within the city, and the Phoebus Master Plan (2007, as amended) supports the development of Mellen Street as a regional destination; WHEREAS: the site is currently zoned Limited Commercial (C-2) District, which permits live entertainment with an approved use permit; WHEREAS: twelve conditions are attached to address, among other things, the location of live entertainment, hours of operation, sound, capacity, safety, revocation, and term of permit review; and WHEREAS: no one from the public spoke for or against this proposal. NOW, THEREFORE, on a motion by Commissioner Andre McCloud and seconded by Commissioner Gregory Williams, BE IT RESOLVED that the Hampton Planning Commission recommends to City Council approval of Use Permit Application No. 1091-2013, subject to twelve (12) conditions. A roll call vote on the motion resulted as follows: AYES: Williams, Campbell, McCloud, Southall, Snead, LaRue Planning Commission Minutes 20131107 Page 7  NAYS: None ABST: None ABSENT: Bunting ITEM VI. COMMUNITY DEVELOPMENT DIRECTOR’S REPORT A. CIP Process Update Sunshine Torrey, Senior Budget and Management Analyst, presented the Capital Improvement Plan (CIP) Road Show and gave an update on where they will go from that point. For a project to be considered, certain basic criteria must be met: finance long-term acquisition projects; have a minimum cost of $50,000; and a life expectancy of at least 5 years. The challenges are: limited resources; Federal/State mandates; and maintaining existing infrastructure. To date 100 applications have been received. Funding sources for projects are general obligation bonds; the General Fund; dedicated sources such as VDOT; and State and Federal Funds. Expenditure categories range from education to public safety. Two Stakeholder Roadshow presentations have been done. One of those was with the Economic Development Authority and the other was with the Hampton Youth Commission. After the road shows the CIP will go forward to the public input forums that are scheduled for November 14 and December 7, 2013. The projects are ranked on a point system by category: legal or contractual obligation; existing Council priorities; Master Plan/Community Plan/Strategic Investment; maintenance of current assets; and service delivery expansion or enhancement. Once the ranking of these projects is done the Budget Department will brief the Planning Commission and City Council with the findings. The first year of the plan is the only plan that will be adopted as part of the City Manager’s recommended budget to Council. The remaining four years are planning years so the process does not start over fresh each year. The next steps are the Community forums; preparing the FY15-19 CIP; public hearings; and having the first year of the CIP approved. In response to a question from Commissioner Campbell, Ms. Torrey stated road shows have been done for Economic Development and the Hampton Youth Commission. In response to a question from Commissioner Campbell, Budget Director Gloria Washington stated funding alternates from year-to-year for the various improvements to the schools and their routine maintenance versus future Planning Commission Minutes 20131107 Page 8 investments. This is predicated on financial policies regarding bond financing for various areas for schools along with competing for city needs. These are City bonds and not State revenue. Commissioner McCloud thanked the Budget Department for the work it has done and stated that it has taken a long time to get this kind of input and it gets better each year. The briefings from Budget give the Commission an opportunity to do what they should and the added Roadshow makes it more unique. Chairman LaRue thanked the Budget Department for bringing a format to the Commission they could understand. She stated she would like to have how the CIP plans are tied into the Community Plan identified on the CIP graphs in the presentation. Commissioner McCloud agreed with Chairman LaRue that it would be helpful when looking at the CIP to see what projects are affected. Terry O’Neill stated it had been mentioned in the work session to hold a special briefing work session once more information on the CIP and the applications have been received. Ms. Washington stated the last forum will be on December 7, 2013. At that time the public input will be completed and the compilation of the CIP process will be done. Mr. O’Neill stated that a time to meet will be determined after the December Planning Commission meeting and it could be held directly after the first meeting in January 2014. After discussion and in response to questions from Commissioners McCloud and Williams, Mr. O’Neill stated the special CIP briefing will be held directly after the next Planning Commission meeting on January 2, 2014. In response to a question from Commissioner McCloud, Ms. Torrey stated the next session of the Roadshow will be November 14, 2013 at 6:00 pm at the Westhampton Community Center; the Saturday, December 7, 2013 presentation will be at Kecoughtan High School at 10:00 am. ITEM VII. ITEMS BY THE PUBLIC There were no items by the public. ITEM VIII. MATTERS BY THE COMMISSION Commissioner McCloud thanked the Commission and staff for the concern shown him during his recent illness. ITEM IX. ADJOURNMENT There being no further business, the meeting adjourned at 4:24 p.m. Planning Commission Minutes 20131107 Page 9  Respectfully submitted, ___________________________________ Terry O’Neill Secretary to the Commission APPROVED BY: ________________________________________ Gaynette LaRue Chairman Planning Commission Minutes 20131107 Page 10