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Planning Commission Agendas & Minutes

Regular Meeting

Hampton, VA · April 3, 2014

AgendaMinutes

Minutes

AT THE WORK SESSION OF THE HAMPTON PLANNING COMMISSION HELD IN THE LAWSON CONFERENCE ROOM, 8TH FLOOR, CITY HALL, HAMPTON, VIRGINIA, ON THURSDAY, APRIL 3, 2014, AT 3:00 P.M. Commissioners Gregory Williams, Carlton Campbell, and Andre McCloud were present. Commissioner Mary Bunting arrived after the worksession began. Commissioner Chris Snead, Vice-Chair Tommy Southall, and Chairman Gaynette LaRue were absent. Assistant City Attorney Bonnie Brown read from the Federal Telecommunications Act of 1996 which limits local discretion in communication tower applications and what the Commission may and may not use as basis for decisions made in the cases of cellular towers. In response to a question from Commissioner Williams, Ms. Brown stated the division of revenue for cell towers among property owners is not within the Commission’s bounds. In response to a question from Commissioner McCloud, Ms. Brown stated the Zoning Ordinance regulates the height of cellular towers. City Planner Alison Alexander stated zoning regulates towers and that Langley Air Force Base has been notified of the subject request. The Riverdale Regional Civic Association supports the request although some residents from the neighborhood have concerns such as not liking the location on the subject site. In response to a question from Commissioner Campbell, Ms. Alexander stated the tower as proposed for 57 Tide Mill Lane would be located behind a church at 55 Tide Mill Lane. The three applications for 57 Tide Mill Lane are a rezoning to remove a condition; a use permit to allow the operation of a tree farm/nursery; and a use permit to allow construction of a communication tower. If the rezoning is approved a use permit will be required to allow the tree farm. In response to a question from Commissioner Campbell, City Planner Matt Smith stated Goodwill Industries/Thomas Nelson Community College held an open house for their constituents at 1911 Saville Road, but not one for the community. Mr. Smith also stated that the students would have to go through the vacant space even though a garage door will be put in to allow materials to be brought in and out. In response to a question by Commissioner Campbell, Commissioner McCloud stated the property at 3311 Kecoughtan Road housed a school at one time. Ms. Alexander stated that applicant opted not to have a community meeting. In response to Commissioner Campbell, Mr. Smith stated there was a community meeting held for Lutheran Family Services, 130 Research Drive, but no one showed up other than himself and the applicant. The applicant intends to only use part of the facility; a floor plan will have to be approved. Work session minutes 20140403 Page 1 In response to a question from Commissioner Campbell, Secretary to the Commission Terry O’Neill stated there may be some teaching in the day care center, but schools require certain certifications. Day cares are a business and most schools are not-for- profit. In response to a question from Commissioner Campbell, Mr. O’Neill stated the applicant is acting on behalf of the property owner for the land –use and the communications company for the communication tower. In response to a concern of Commissioner McCloud, Mr. O’Neill stated there is a difference between operating a church on a premises and the facility operating as a church. Ms. Brown stated for zoning purposes the owner of the land is not what is considered. In response to a question from Commissioner McCloud, Senior Zoning Official Jeff Conkle stated an R-13 zone allows day care if approved. The worksession meeting was over at 3:32 p.m. Work session minutes 20140403 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, APRIL 3, 2014 AT 3:35 P.M. ITEM I. CALL TO ORDER Acting Chairman Andre McCloud called the Planning Commission meeting to order. ITEM II. ROLL CALL A call of the roll noted Commissioners Gregory Williams, Carlton Campbell, Andre McCloud, Chris Snead, and Mary Bunting were present. Chairman Gaynette LaRue and Vice-Chair Tommy Southall were absent. ITEM III. MINUTES A motion was made by Commissioner Carlton Campbell, seconded by Commissioner Gregory Williams, to approve the minutes of the March 6, 2014 work session and Planning Commission meeting. A roll call vote on the motion resulted as follows: AYES: Williams, Campbell, Bunting NAYS: None ABST: Snead, McCloud ABSENT: Southall, LaRue PUBLIC HEARING PROCEDURES Mr. Terry O’Neill, Secretary to the Commission, read key points of the Hampton Planning Commission Public Hearing/Comment Rules in order for the affairs of the Commission to be conducted in a courteous and orderly manner. ITEM IV. PUBLIC HEARING ITEMS: Mr. O’Neill read the public hearing items advertised in the Daily Press on March 20 and 27, 2014. A. Rezoning Application No. 14-00001: by Jonathan L. Yates to rezone 13.9+ acres at 57 Tide Mill Lane [LRSN 7001624] from One Family Residence (R-15) District with proffers to One Family Residence (R-11) District without proffers. Proffers on the site from a prior rezoning restrict use of the parcel to a tree farm operation and single family residential development meeting R-11 standards. Approval of this application will permit all uses in R-11, including a communications tower subject to an approved use permit. The Hampton Community Plan (2006, as amended) recommends Rural Density Residential use for this area. This application accompanies UP14-00001 and UP14-00002. PC Minutes 20140403 Page 1 B. Use Permit Application No. 14-00001: by Jonathan L. Yates to operate a tree farm/nursery at 57 Tide Mill Lane [LRSN 7001624]. The property is currently zoned One Family Residence (R-15) District with proffered conditions permitting a tree farm. This application accompanies RZ 14-00001, which would rezone the property listed above from R-15 with proffered conditions to R-11 without proffered conditions, which would permit a tree farm/nursery subject to securing a use permit. Approval of this application would permit the existing tree farm/nursery to remain in operation.The Hampton Community Plan (2006, as amended) recommends Rural Density Residential use for this area. This application also accompanies UP14-00002. C. Use Permit Application No. 14-00002: by Jonathan L. Yates to construct a communications tower at 57 Tide Mill Lane [LRSN 7001624]. The property is zoned One Family Residence (R-15) District with proffered conditions restricting use of the parcel to a tree farm operation and single family residential development meeting R-11 standards. This application accompanies RZ 14-00001, which would rezone the property listed above from R-15 with proffered conditions to R-11 without proffered conditions, which would permit the construction of a communications tower subject to securing a use permit. The Hampton Community Plan (2006, as amended) recommends Rural Density Residential use for this area. This application also accompanies UP14-00001. These three items are related and will be presented in one public hearing with separate motions taken for each item. This will allow for one staff report and one presentation by the applicant. City Planner Alison Alexander stated there are three applications related to 57 Tide Mill Lane, Rezoning Application No. 14-00001: Use Permit Application 14-00001; and Use Permit Application 14-00002. The rezoning from R-15 with proffers to R-11 without proffers and a Use Permit are to allow a tree farm. All of the applications are spurred by the Use Permit for the communications tower. When there is a Use Permit for a communications tower City policy requires consideration of a placement hierarchy which identifies preferred sites for the placement of such tower. The range from most preferred to least preferred is as follows: 1. Co-location on existing towers 2. Tall buildings and structures 3. Large industrial sites and parks 4. Approved school properties 5. Commercial areas 6. High density residential areas 7. Low/medium density residential areas 8. Parks 9. Scenic views/waterfront PC Minutes 20140403 Page 2 She stated that 57 Tide Mill Lane falls into the low- to medium-density residential areas. The applicant has considered other sites and has found none of them to be suitable for their needs. The proposed site, 57 Tide Mill Lane, is located in the Riverdale area. The site and tower have a lot of history with it. In 2011, the applicant presented a tower Use Permit application request at 95 Tide Mill Lane. That applicant initially deferred and then withdrew the application because of an impending merger between AT&T and T- Mobile and opposition from the community. In October of 2013 AT&T explored the Paul Burbank Elementary School location at 40 Tide Mill Lane because it was a pre- approved site and had a higher hierarchy than 95 Tide Mill Lane. The Paul Burbank Elementary School location has since been removed from the pre-approved list at the request of the school system. The property at 57 Tide Mill Lane is currently zoned R-15 (One Family Residence District) with proffers which do not allow a communications tower. The two conditions limit the use of the property to a tree farm and single family residential and no commercial advertising relating to retail sales except from November 15 to January 1. Under the R-15 zoning district a use permit was not required for a tree farm, but under the current R-11 zoning a use permit is required. The Hampton Community Plan (2006, as amended) calls for the area to be low density residential. The properties surrounding the subject site are all R-11 residential so the rezoning request would be in keeping with the surrounding area. A large portion of the property to the north is wetlands and some of it is in a Resource Protection Area (RPA). If the rezoning is approved, the existing tree farm will need a Use Permit to continue operation. Conditions will be attached to include hours of operation which would limit sales and deliveries of the tree farm from 8:00 AM to 8:00 PM, as it is a residential area; and a revocation clause that, if the use is discontinued for a certain amount of time which makes the Use Permit no longer valid, or if any rules are broken, the City reserves the right to revoke the Use Permit. The main issue is the Use Permit for the communications tower. The tower is a 145’ monopole communications tower with a 3’ lightning rod at the top of the monopole. This would support four (4) communications carriers to allow for future co-location. There are two communication carriers ready to be located on the tower. The tower would be located on the southwestern portion of the property and have a 60’x60’ footprint. Maps of the coverage area were shown with and without the tower. Simulated views of images were shown from St. Paul’s Court; from travelling down Tide Mill Lane; and from Charlton Drive, all of which showed the tower well hidden by trees. There are eleven (11) conditions attached with the communication tower including: location; tower height; fencing; landscaping; and tower removal. If the tower ceases to be used there is a requirement for it to be removed. PC Minutes 20140403 Page 3 City policies from the Hampton Community Plan (2006 as amended) relating to the rezoning and use permits are: 1. Evaluate land use proposals from a regional, city-wide, and neighborhood perspective. 2. Encourage location of new communication towers in preferred sites. 3. Nurture small and start-up businesses. An analysis of what was presented is: • Supported by policies in the Hampton Community Plan (2006 as amended) • R-11 zoning is consistent with zoning of surrounding parcels • Use permit brings existing tree farm into compliance with today’s ordinance • Applicant located communications tower site according to placement hierarchy, as outlined in the Community Plan. Staff recommends approval of all three applications: Rezoning application No. 14-00001; Use Permit No. 14-00001 with 5 conditions; and Use Permit No. 14-00002 with 11 conditions. Applicant Jonathan Yates and Design Engineer for AT&T, Bill Schwartz, appeared before the Commission. Mr. Yates stated he has never worked with such a diligent planning staff. Mr. Yates stated Mr. Schwartz is the AT&T Design Engineer and has been working on this project for 8 years. The area in question has a loss of service AT&T is trying to fix. This project has a long history. Several locations that have been looked at were found to be undesirable. It had been suggested at a community meeting last fall that the applicant look at Reginald Edwards’s property (57 Tide Mill Lane). Siting cell towers is never easy and Mr. Edwards’s property seemed to be the right property to site one. What is being provided is infrastructure, such as telephone lines, water, and sewer lines that presently serve the Riverdale community. What is needed is one strategically placed facilty to cover the area not only for AT&T, but some of their other competitors. A second carrier, T-Mobile USA, is already wanting to co- locate on this tower. This leaves space for two other competitors. The peril in the placement of cell towers is that wherever placed they will be next door to somebody. Their mandate is to follow the rules which are embodied by the City of Hampton Zoning Ordinance and the Hampton Community Plan (2006 as amended). What the applicant has presented is a job that follows the rules. Mr. Edwards has given them an incredible piece of property to work with; a 14 acre tree farm in a suburban setting. Originally zoned R-11 in 1984 a rezoning process began in 1986 to allow tree sales. This location provides a property with the advantage of 14 acres with natural tree growth that works for Mr. Schwartz. PC Minutes 20140403 Page 4 The criteria of the Zoning Ordinance have all been met for this facility. Proposed is a short facility - a 145’ tall tower. It is designed for AT&T and T-Mobile USA will use it. This will allow for two additional carriers per the Zoning Ordinance and the Hampton Community Plan (2006 as amended). The site has been reviewed and approved by the Federal Aviation Administration; the FAA has determined that lights will not have to be placed on the tower. Mr. Yates stated the only complaints he has ever had after a tower has gone up is about lights. Due to the nature of the property the site has been located away from the wetlands and the 100’ RPA buffer. They have still managed to achieve incredible setbacks and have exceeded all four of the 50’ setbacks required for placement of the tower site. The facility is a 145’ monopole design with no lights and provides the best platform to deploy the equipment. There will be a six-foot fence surrounding the facility which is required by code and there will also be plantings of 40 red hollys and eight Leyland Cypress trees. It was mentioned at the community meeting that the Leyland Cypress trees may not be the best way to go so that will be reconsidered. All in all the site meets the rules. Finding a site with 14 acres that has tree coverage and placing a tower where Mr. Schwartz and T-Mobile want it to be is phenomenal. Langley Air Force Base (LAFB) reviewed and approved the tower to an overall height of 156’ AMSL, which they will be under. Gately Communications reviewed the facility for radio compliance with the public safety radio system of the City of Hampton and noted approval, that it would not interfere. The site was reviewed as required by David Charles Cotton, Jr., of Sitesafe International, a Professional Engineer of the Commonwealth of Virginia. The maximum power density that AT&T will emit at that site is only 1.012 percent of what is allowed. The site was reviewed and certified by Habib Azouri, P.E., that it meets the standards of the ANSY EIA TIA-222E and is designed properly to hold the equipment of AT&T and three of its competitors. Compliance is shown with the ASCE factored windspeed of 115 MPH with no ice and 30 MPH with 0.50 inch radial ice. Mr. Yates stated that after having viewed several sites; having met the rules in the ordinance; having met the placement hierarachy as laid out in the Hampton Community Plan (2006, as amended); having met §Section 20-5.14; having met the policies and goals of the Community Plan; they have found the best possible location. A community meeting was held at Paul Burbank Elementary School. A facility cannot be found where there is no next door neighbor. They have done the best job possible to minimize what is seen on the ground and to not be a detraction. From the photo simulations there was a little visibilty from Tide Mill Lane and they will not detract at the minimum height of the facility. Bill Schwartz, Art Design Engineer for AT&T in this area of the State of Virginia, stated there is a substantial coverage gap between existing sites as seen on the propogation maps. During the study it was determined that a height of 145’ is what it will take to bridge the gap to provide excellent service. The study has been done; all PC Minutes 20140403 Page 5 the rules and regulations have been followed; and there will be no adverse health affects. In response to a question from Commissioner Williams, Mr. Schwartz stated there is a dead zone in the area for AT&T and he believes as well for T-Mobile. In response to questions from Commissioner Campbell, Ms. Alexander stated the rezoning from R-15 to R-11 will allow for communications towers. The R-15 zone had two proffers and limited the advertising for the tree farm. Rezoning to R-11 will have no proffers; instead, conditions will be attached to the two Use Permits. The R-11 zoning will allow tree farms and the existing tree farm is operated by the existing owners. She also stated there are parks that have towers as noted in the hierarchy. There are no parks in the surrounding area of this request that would fit what is needed by AT&T except Burbank School Community Park, but it was removed from the pre-approved listing of possible sites. The Boo Williams site at Armistead Pointe is currently undergoing a Master Plan process to allow a park, but is probably too far from what is needed for AT&T. In response to a question from Commissioner Campbell, Mr. Schwartz stated there is some overlap in the coverage area which is necessary for vehiclular traffic. The only park directly in the area of which he is aware is Burbank Park. In response to a question from Commissioner Williams, Mr. Yates stated they were led to the subject site while at a community meeting. In response to a question from Commissioner Campbell, Mr. Yates stated landscaping will consist of 40 winter red holly shrubs and 8 evergreen trees. In response to a question from Commissioner McCloud, Ms. Alexander stated the site has gone through an array of zonings since it was rezoned to R-R in 1986 to allow the owners to have a tree farm. The tree farm can remain under the R-11 zone with a use permit and still be allowed tree sales. Howard Kershaw, 3 St. Paul Court, stated he is approximately 1,200 feet from the proposed location. He stated he has lived there for over 20 years and has been through several of these proposals. There are four antennaes within two miles. Two towers are within one mile. Mr. Kershaw stated he does feel another tower is needed. Mr. Kershaw stated if the proposal does go forward, Mr. Edwards’s property is a better location. T-Mobile had a proposal on this property in 2007. Mr. Kershaw stated his concern is the vicinity the tower would be in and its proximity to the church. He believes a better location would be to place the tower further back towards the lake and closer to the Sacremento properties which would give a bigger buffer zone to residents on both sides of the creek. He would prefer the tower to be lower in height; set back further in the tree line; possibly disguised as a pine tree; and access using the existing road onto the property. In response to a question from Commissioner Campbell, Mr. Yates stated the tower has to be kept out of the wetlands and RPA. The height has two factors, one which is to allow the co-locations. Mr. Schwartz stated the height is also necessary PC Minutes 20140403 Page 6 because of the existing height of the trees in the area; this compromise will allow the tower to work for all the carriers and keep the carriers’ units from interferring with each other. Mr. Yates stated he believes it to be the community’s goal to do this just once and provide the platform for the coverage needed. The height is needed for all the carriers. The pole that looks like a pine tree does not work well in a coastal area. The proposed pole will be a monopole with no lights. W. M. Peters, 16 St. Paul Court, stated he lives approximately 350 meters from the proposed site. His primary objections are due to property values and health concerns. He stated he does not understand why the Boo Williams Complex cannot be used. He also does not understand cell phones not working because his does. He asked if his taxes would be reduced if the property value goes down. Mr. Peters stated he does not want his community destroyed. In response to a question from Commissioner Campbell, Secretary to the Commission Terry O’Neill stated he believes the coverage the applicant needs may not be there and the question could be better answered by the engineer. Mr. Schwartz stated he is from out of the area and is not as familiar with the Boo Williams site. He is fairly certain the Boo Williams site would have already been researched and that it would not fill in the area needed for coverage. In response to a question from Commission Campbell, Mr. Yates stated he has not seen any affect of diminution of property values in any tower location; the reverse has been found, that younger people are settling in areas where there is good wireless coverage to operate their electronics. Providing sufficient coverage is just good 21st Century infrastructure. Commissioner Campbell stated he wants to make certain each person with concerns or questions on how a case affects a community has their questions answered. In response to a question from Commissioner Williams, Mr. Peters stated he did not have any factual information that would give evidence to where towers have caused devaluation of properties. Andy Bigelow, 39 Inglewood Drive, stated he was at the meeting today to ask the Commission to recommend approval of Beacon Towers’ cell tower Rezoning and Use Permit applications. He stated he has led a number of successful campaigns against the construction of cell towers as Past President of the Riverdale Regional Civic Association and he is convinced that all four of these tower construction recommendations and all four of the past efforts to run them down were rational attempts to do what was best for the communtiy. Mr. Bigelow stated In his view the arguments against this tower proposal are not rational nor reasonable. The underlying objections to the siting and operation of this tower generally lack validity and mostly cannot be legally considered. PC Minutes 20140403 Page 7 Mr. Bigelow stated the last time he came before Council to successfully oppose a cell tower placement proposal in his neighborhood, Mayor Molly Ward requested that telecommunication companies and the Riverdale Regional Civic Association work together to try and find a location for a tower that would work overall for the neighborhood and the industry. Mr. Bigelow stated he could personally attest that Beacon Towers, AT&T, and T-Mobile, in the culmination of today’s proposal to that effort, have worked to coordinate, design, and place a tower that is the least offensive to the community. Unfortunately, this is one of the times “you can’t please all of the people all of the time.” Mr. Bigelow stated when he presented the tower request proposal to the Riverdale Regional Civic Association Board two weeks ago, the Board voted unanimously to approve the Use Permit request for a cell tower and that is his request of the Commission today. Serge Small, 111 St. Paul Court, stated he lives across from the proposed placement of the cell tower. The trees are about 5’ to 18’ tall. The tower will be approximately 150’ tall and 400’ from his property and 120’± from the back of the church. He is worried the site will be an eyesore and gave Motel 6 at the intersection of LaSalle Avenue and North Armistead Avenue an example. Mr. Small stated the Boo Williams site has been mentioned and if the tower does not cover 400 to 800 yards away he questioned how many towers were needed in the neighborhood. There are already towers on LaSalle Avenue and at the Sentara Hospital complex. He stated Mr. Bigelow had said he was in favor but that is because Mr. Bigelow lives far away from this site. Mr. Small repeated that Mr. Bigelow had stated that “we do not agree that we see that their property values, the rights of the property owners, and their quality of life are affected.” Mr. Small stated Mr. Kershaw had said he had found some information that “property values increase the farther away they were from towers.” Mr. Small stated it is true no one wants to buy a house that does not have service. He moved to his current address 20 years ago, before cell phones. When T- Mobile did not have a signal he moved to Verizon and now has an iphone, ipad, and wi-fi. Everything works in his house. This proposed tower is a behemouth and he questioned why it could not be moved. The holly bushes and the Leyland Cypress trees do grow fast but the trees have no tap roots and fall over. Mr. Small stated he does not see why the people at his end of the street have to deal with the fact that no one else is bothered by it. He stated he believes the tower will affect his property value. Mr. Small stated he was offered $10,000 to put shrubbery around his property. He does not want the $10,000, he just wants the tower somewhere else. When Commissioner Campbell asked if all of those from the community who spoke belonged to the RRCA, the answer was that they did. PC Minutes 20140403 Page 8 In response to Commissioner McCloud, Mr. Yates stated a review was done by the Federal Aviation Administration (FAA) of all the air space in the area. There were two parts to this determination regarding lights on the tower; the review for any hazard to air navigation and to make sure that lighting and marking are not necessary to make sure there are no hazards. The FAA determined in both instances that there was no hazard in navigation and lighting and marking were not necessary. Commissioner McCloud stated there seemed to be no contention except for the tower. He did not hear any oppostion to the two other requests. He stated it is interesting for someone to come out of their home and see something that was not there when their house was purchased. Commissioner Bunting stated that the Federal Telecommunications Act of 1996 limits local discretion in what can or cannot be done. As a locality Hampton cannot take action that effectively inhibits a carrier from offering service. The fact that some carriers are able to provide service does not mitigate the requirement for Hampton to be reasonable in accomodating all carriers. That means that at some point or at sometime, suit can be brought against Hampton for failure to bring a reasonable response if an acceptable location is not found. Commissioner Bunting stated she has lived through this like others and appreciates the fact that the applicant has heard from the RRCA about the areas where they were absolutely opposed and has withdrawn their applications when that was made clear and discussed. The school site was withdrawn many years ago along with the Elks Lodge and then the school again. Ultimately the school system heard loud and clear from the neighborhood and withdrew the site from the eligible list. The applicant has done the right thing each time in trying to find another site. As Mr. Bigelow stated, although it is not pleasing to every member in the neighborhood, and rarely is anything considered pleasing to everyone in the neighborhood, the Board of the neighborhood association has endorsed this site. Commissioner Bunting stated she does not know what more can be realistically asked of the applicant if they have been steered to this site by the neighborhood and the neighborhood association has endorsed the site. In looking at the requirements under the Telecommunications Act she does not see how, as one Commissioner, she could be opposed to the request. Mr. Small stated there are only eight people on the RRCA. The Association does not speak for everyone and most residents are not involved in the association. He believes a survey should be taken if they really want to know what the people want. In response to Mr. Small, Commissioner McCloud stated that is why a public hearing is held, so public input can be given. He stated he and Commissioner Campbell were not certain if property at the Boo Williams site was available and if it could even be used for the purpose of a cell tower. In response to Commissioner McCloud’s statement, Commissioner Bunting stated she lives here and can understand why the engineer could not remember each location that has been researched over the past eight years. Even if the site were to be moved to the Boo Williams property it would still be located next to someone’s PC Minutes 20140403 Page 9 neighborhood and there would still be issues. In all due respect to Mr. Small, the City works actively with neighborhood associations and she, as a former resident of Riverdale, has seen a lot of advertisement for this issue. Notices were actively sent out to the neighborhood regarding the previous day’s community meeting concerning the application. The applicant has actively looked for sites and was led to the current site by the neighborhood. She recommends moving for approval of the application. Commissioner Campbell clarified that his question was to determine if the Boo Williams site had been considered. Commissioner Snead stated she empathizes with the homeowners but in researching the issue she did not see any impact on home values in areas where homes were built and then have towers placed there. She stated that finding a location for this cell tower has been going on for many years and she appreciates that no one wants it “in my back yard.” There are developments being built where towers already exist and people do not seem to mind buying homes there. A. Rezoning Application No. 14-00001 After discussion the Commission approved the rollowing resolution: WHEREAS: the Hampton Planning Commission has before it this day a proposal by Jonathan L. Yates to rezone 13.9+ acres located at 57 Tide Mill Lane [LRSN 7001624] from One-Family Residence (R-15) District with proffers to One-Family Residence (R-11) District without proffers to facilitate the construction of a communications tower; WHEREAS: the property is currently zoned One-Family Residence (R-15) District. In 1986, the current property owners rezoned from One-Family Residence (R-11) District to Rural Residence (R-R) District with two proffers, in order that they may operate a tree farm; WHEREAS: the City of Hampton comprehensively rezoned the property in 1988 to Rural Suburban Residence (R-S) District with proffers; WHEREAS: in 1995, the City of Hampton renamed the Rural Suburban Residence (R-S) District to One-Family Residence (R-15) District; WHEREAS: approval of this application would allow for continued operation of the existing tree farm, with the approval of a use permit, and the construction of a new communications tower, with the approval of a use permit; WHEREAS: the Hampton Community Plan (2006, as amended) recommends low density residential for this property. All adjacent properties are also zoned One-Family Residence (R-11) District. The proposal is consistent with the recommendations of the Hampton Community Plan (2006, as amended); and PC Minutes 20140403 Page 10 WHEREAS: there are no proffered conditions attached to this rezoning. NOW, THEREFORE, on a motion by Commissioner Mary Bunting and seconded by, Commissioner Carlton Campbell; BE IT RESOLVED that the Hampton Planning Commission recommends approval to City Council of Rezoning Application No. 14-00001 with no proffered conditions. A roll call vote on the motion resulted as follows: AYES: Williams, Campbell, McCloud, Snead, Bunting NAYS: None ABST: None ABSENT: Southall, LaRue B. Use Permit Application No. 14-00001 After discussion the Commission approved the rollowing resolution: WHEREAS: the Hampton Planning Commission has before it this day a proposal by Jonathan L. Yates to operate a tree farm/nursery at 57 Tide Mill Lane [LRSN 7001624]; WHEREAS: the property is zoned One-Family Residence (R-15) District with proffers and is going through a rezoning to One-Family Residence (R-11) District without proffers, which permits a tree farm/nursery with a use permit; WHEREAS: approval of this application would permit the proposed tree farm/nursery at 57 Tide Mill Lane; WHEREAS: the Hampton Community Plan (2006, as amended) recommends low density residential development for this property. The Hampton Community Plan (2006, as amended) also recommends policies that nurture small and startup businesses; and WHEREAS: there are five (5) conditions attached to this use permit to ensure, among other things, that the tree farm/nursery shall only be located at 57 Tide Mill Lane, and sales and deliveries will occur between the hours of 8:00 A.M. and 8:00 P.M., and providing that violation of any of the conditions shall be grounds for revocation of the use permit. NOW, THEREFORE, on a motion by Commissioner Gregory Williams and seconded by Commissioner Chris Snead, PC Minutes 20140403 Page 11 BE IT RESOLVED that the Hampton Planning Commission recommends approval to City Council of Use Permit Application No. 14-00001 with five (5) conditions. A roll call vote on the motion resulted as follows: AYES: Williams, Campbell, McCloud, Snead, Bunting NAYS: None ABST: None ABSENT: Southall, LaRue C. Use Permit No. 14-00002 After discussion the Commission approved the rollowing resolution: WHEREAS: the Hampton Planning Commission has before it this day a proposal by Jonathan L. Yates to construct a new communications tower at 57 Tide Mill Lane [LRSN 7001624]; WHEREAS: the property is zoned One-Family Residence (R-15) District with proffers and is going through a rezoning to One-Family Residence (R-11) District without proffers, which permits the construction of a communications tower with a use permit; WHEREAS: approval of this application would permit the proposed 145’ tower with a 3’ lightening rod and 4 communication co-location opportunities; WHEREAS: the Hampton Community Plan (2006, as amended) recommends low density residential development for this property. The Plan also outlines a placement hierarchy process to follow when locating a communications tower, and the applicant has demonstrated an effort to pursue all other sites; and WHEREAS: there are eleven (11) conditions attached to this use permit to ensure, among other things, the tower is located as indicated on the submitted site plan, the tower does not exceed 156’ above sea level in height, the tower is surrounded by both a fence and landscaping, no portion of the tower or supporting equipment is constructed in the Chesapeake Bay Resource Protection Area or buffer, and the tower and associated equipment shall be removed should it cease operation, and providing that if any of the conditions are violated this shall be grounds for revocation of the use permit; NOW, THEREFORE, on a motion by Commissioner Mary Bunting and seconded by Commissioner Chris Snead, PC Minutes 20140403 Page 12 BE IT RESOLVED that the Hampton Planning Commission recommends approval to City Council of Use Permit Application No. 14-00002 with five (5) conditions. A roll call vote on the motion resulted as follows: AYES: Williams, Campbell, McCloud, Snead, Bunting NAYS: None ABST: None ABSENT: Southall, LaRue D. Use Permit Application No. 14-00004: by Sovonia Golden to operate a day care 3 at 3311 Kecoughtan Drive [LRSN 13002647]. The property is zoned One Family Residence (R-13) District, which permits a day care 3 subject to securing a use permit. The applicant is requesting permission to operate the day care for approximately 49 children. The Hampton Community Plan (2006, as amended) recommends Public/Semi-public use for this area. This item was deferred by the Planning Commission at its March 6, 2014 meeting and is being concurrently advertised for a public hearing at the April 9, 2014 City Council meeting. City Planner Alison Alexander presented Use Permit Application No. 14-00004 by Sovonia Golden, to operate a Day Care 3 for up to 49 children at 3311 Kecoughtan Road. This is a request for a use permit to operate a day care facility for a maximum of 49 children ages 0 to 12 years from 6:00 A.M. to midnight Monday through Friday. The applicant initially requested 70 children however, after staff review of the proposal, it was determined that state building codes will limit the applicant to 49 children in this facility. The applicant intends to lease the building from Faith Ministry Outreach in which the day care will be located in the Kecoughtan Corridor at 3311 Kecoughtan Road. The church provides sufficient parking to allow the addition of day care services. The property is zoned R-13, One Family Residence District, which permits a Day Care 3 subject to securing a use permit. The applicant plans to open in April or as soon as everything is approved and in order. There are conditions attached to the application which include hours of operation, capacity, traffic circulation, and a revocation clause. The Hampton Community Plan (2006, as amended) recommends Public/Semi- public use for this area. The Plan also recommends policies that will encourage and maintain an environment that nurtures children in the Hampton community. PC Minutes 20140403 Page 13 In line with the Hampton Community Plan (2006, as amended), this proposal will encourage a nurturing atmosphere for children by providing a healthy and educational environment for children who are out of parental care for a portion of the day. Staff recommends approval of Use Permit No. 14-00004 with ten (10) conditions. Sovonia Golden, 703 Delaware Avenue, stated she is the applicant and thanked the Commission for considering her application. In response to a question from Commissioner Campbell, Ms. Golden stated she opted out of a community meeting because it was her belief that any questions could be addressed at the public hearing. In response to a question from Commissioner Campbell, Ms. Alexander stated she had received inquiries as to what was being requested, but nothing was stated in support or opposition of the request. Commissioner McCloud stated he does not oppose the request as there has been a similar use at this location in the past. He lives in the community, is president of the neighborhood association, and has been working with the community and the City for over 20 years. Things like this occur and have been to City Council and the Planning Commission many times. Some people are not able to attend Planning Commission meetings and City Council so community meetings are encouraged to allow the people in the neighborhood to find out what applicant’s are requesting and to be able to express their concerns. After discussion the Commission approved the rollowing resolution: WHEREAS: the Hampton Planning Commission has before it this day a proposal by Sovonia Golden to permit a day care 3 in an existing building at 3311 Kecoughtan Road [LRSN 13002647]; WHEREAS: the Hampton Community Plan (2006 as amended) recommends public/semi-public use for this property, and the Plan encourages an environment that promotes high quality community services and facilities; WHEREAS: the site is currently zoned One Family Residence (R-13) District which permits a day care 3 with an approved use permit; WHEREAS: ten conditions are attached to address hours of operation, traffic and circulation, capacity, and a revocation clause; 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, PC Minutes 20140403 Page 14 BE IT RESOLVED that the Hampton Planning Commission does recommend to City Council approval of Use Permit Application No. 14-00004, subject to ten (10) conditions. A roll call vote on the motion resulted as follows: AYES: Bunting, Campbell, McCloud, Snead, Williams NAYS: None ABST: None ABSENT: LaRue, Southall E. Use Permit Application No. 14-00005: by Goodwill Industries of Central Virginia, Inc. for a school at 1911 Saville Row [LRSN 7001205]. The property is zoned Limited Commercial (C-2) District and is in the Special Public Interest – Coliseum Central (SPI-CC) overlay district, which allows for the operation of a school subject to approval of a use permit. The applicant is proposing to lease the property to Thomas Nelson Community College (TNCC) for use as part of TNCC’s Workforce Development vocational training program. The Hampton Community Plan (2006, as amended) recommends mixed-use for this property and in the surrounding area. The Coliseum Central Master Plan (2004, as amended) recommends mixed-use consisting of community- and neighborhood-serving retail, and medium-density housing. City Planner Matt Smith presented Use Permit Application No. 14-00005 by Goodwill Industries of Central Virginia, Inc. for a vocational training program (school) at 1911 Saville Row. Thomas Nelson Community College (TNCC) has a need to expand its workforce development training program beyond the capacity available at its Hampton campus. TNCC is proposing to partner with Goodwill Industries of Central Virginia, Inc. (Goodwill), to offer vocational training at Goodwill’s 1911 Saville Row facility. The applicant intends to lease approximately 5,000 square feet of their property to TNCC to provide the service. Some of the following TNCC training programs provide workforce for: HVAC; residential electrician; certified apartment maintenance technician; weatherization technician; and energy auditor. The property is zoned Limited Commercial (C-2) District and is in the Special Public Interest – Coliseum Central (SPI-CC) overlay district, which allow for the operation of a school subject to approval of a use permit. The Hampton Community Plan (2006, as amended) recommends mixed-use for this property and also calls for support of educational opportunities; improvement of non-vehicular access to education facilities; promotion of cooperation with local institutions of higher education; and maintenance of a top-notch workforce. The Coliseum Central Master Plan (2004, as amended) generally recommends retail and medium-density housing around mixed-use nodes. In the vicinity of the PC Minutes 20140403 Page 15 Goodwill site the plan calls for multi-family residential; a park; and realignment of Pine Chapel Road. The variation of the proposed use from the Master Plan is not considered to be significant because of the lack of physical impact to the site, underutilization of the existing building, and changes in market-driven development expectations since the adoption of the Plan. Staff recommends attaching conditions to the Use Permit, some of which are location of use; student transportation; and terms of termination. A community meeting was held on March 13. Staff recommends approval of Use Permit Application No. 14-00005 with seven (7) conditions. Michael Winkle, Vice President of Workforce Development for Goodwill, work address 1911 Saville Row, stated he is a resident of the County of Henrico, but works here. He thanked the Commission for hearing the application and believes this use will have a positive impact on the community and the individual constituents of the city of Hampton. Goodwill’s mission is workforce development. The location at 1911 Saville Row is a retail operation but space is available that can be shared with TNCC. It is important to note that although a lease, the lease is a reimbursement for cost of utilities. Goodwill will not profit in any way from the lease arrangement. Commissioner Williams congratulated Goodwill for taking the space as it had been vacant for some time. He also commended TNCC for having decided to use extra space located in the building. Providing the educational piece makes things even better. Commissioner Williams stated the site is located in a commerical area; an educational piece is being provided; and there is plenty of parking. Commissioner Campbell also stated this request is a wonderful use of an empty space and it is a good partnership. In response to a question from Commissioner Campbell, Mr. Winkle stated the layout of the disciplines will be done as presented. He stated he hopes for its success so they can come back and ask for more space. Elizabeth McCroury, Executive Director of Coliseum Central, 4410 East Claiborne Square and Coliseum Central, has no objections to this request. In response to a question from Commissioner Snead, Mr. Smith stated the portion of the building requested for this use permit is 5,000 square feet with the total building size of 18,000 square feet. The conditions limit the use to that space. After discussion the Commission approved the following resolution: WHEREAS: the Hampton Planning Commission has before it this day a proposal by Goodwill Industries of Central Virginia, Inc. (Goodwill) for a school located at 1911 Saville Row [LRSN 7001205]; PC Minutes 20140403 Page 16 WHEREAS: Goodwill is partnering with Thomas Nelson Community College (TNCC) to offer vocational training through TNCC’s Workforce Development program at this site; WHEREAS: the property is zoned Limited Commercial (C-2) District and is in the Special Public Interest – Coliseum Central (SPI-CC) overlay district, which allow for the operation of a school subject to approval of a use permit; WHEREAS: the Hampton Community Plan (2006, as amended) recommends mixed-use for this property, and the Coliseum Central Master Plan (2004, as amended) recommends mixed-use consisting of community- and neighborhood-serving retail and medium-density housing; WHEREAS: seven conditions are attached to address the location of the school, traffic, capacity, 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 Chris Snead and seconded by Commissioner Carlton Campbell, BE IT RESOLVED that the Hampton Planning Commission recommends to City Council approval of Use Permit Application No. 14-00005, subject to seven (7) conditions. A roll call vote on the motion resulted as follows: AYES: Williams, Campbell, McCloud, Snead, Bunting NAYS: None ABST: None ABSENT: Southall, LaRue F. Use Permit Application No. 14-00006: by Lutheran Family Services of Virginia, Inc. for a school at 130 Research Dr. [LRSN 13000452]. The property is zoned Limited Manufacturing (M-1) District, which permits the operation of a school subject to approval of a use permit. The property is also located within the Special Public Interest – Magruder Visual Corridor (SPI-MVC) overlay district, and the Air Installations Compatible Use Zone (AICUZ) 70 – 75 dB noise contour. Approval of this application would permit an educational program for adults with intellectual and developmental disabilities on the property. The Hampton Community Plan (2006, as amended) recommends business and industrial use for this property and in the surrounding area. City Planner Matt Smith presented Use Permit Application No, 14-00006 by Lutheran Family Services of Virginia, Inc. The applicant intends to provide educational PC Minutes 20140403 Page 17 services at their current facility located in Langley Research and Development Park at 130 Research Drive. The applicant currently leases about 7,000 square feet of space and this site space will be used in conjuction with the use permit. The applicant proposes to offer day support services for adults with intellectual and developmental disabilities. These types of facilities are regulated by the Virginia Department of Behavior and Development Services. In order to gain their approval they need to submit a floor plan; a service plan; and a staffing plan. The property is zoned Limited Manufacturing (M-1) District, which allows for the operation of a school with a use permit. The property is also located within the Special Public Interest – Magruder Visual Corridor (SPI-MVC) overlay district, and the Air Installations Compatible Use Zone (AICUZ) 70 – 75 dB noise contour. The Hampton Community Plan (2006, as amended) recommends business and industrial use for this property. The Community Facilities section of the Community Plan most directly speaks to this type of use and an objective of that section calls for addressing the needs of special populations including low income youth, elderly, and persons with disabilities. It also calls for support of educational opportunities for citizens; and to promote cooperation and partnership with public and private educational institutions. The City also tries to work closely with Langley Air Force Base on discretionary development proposals to assess whether there will be an impact on the operations of the Base. The use was found to be compatible with the Air Installation and Compatible Use Zone (AICUZ) and no objection was received from LAFB. Staff recommends attaching conditions to the use permit regarding the location of use; student transportation, capacity, and licensure. A community meeting was held March 17, 2014. Staff recommends approval of Use Permit Application No. 14-00006 with eight (8) conditions. Ray Radke, stated he is the Chief Operating Officer for Lutheran Family Services of Virginia, a resident of Hanover County and his business address is 130 Research Drive, Hampton. Mr. Radke thanked the Commission for consideration of this request. The addition of the day support services will allow them to fully utilize the space they currrently have that was too much space for their current operation. This will allow them to continue leasing the space they are in and continue providing this service. This use meets a need in the community and Lutheran Family Services is happy to provide the service. In response to a question from Commissioner Campbell, Mr. Radke stated the space they will be repurposing is a big space that is currently vacant. Walls will be PC Minutes 20140403 Page 18 moved to make an open space for this purpose and there will be modification of the bathroom areas. After discussion the Commission approved the rollowing resolution: WHEREAS: the Hampton Planning Commission has before it this day a proposal by Lutheran Family Services of Virginia, Inc. for a school located at 130 Research Dr. [LRSN 13000452]; WHEREAS: Lutheran Family Services proposes to adapt a portion of its existing Hampton facility to provide habilitation, training, and skill building activities for adults with intellectual and developmental disabilities; WHEREAS: the property is zoned Limited Manufacturing (M-1) District, and is in the Special Public Interest – Magruder Visual Corridor (SPI-MVC) overlay district, and the Air Installations Compatible Use Zone (AICUZ) 70 – 75 dB noise contour, which permit the operation of a school subject to approval of a use permit; WHEREAS: the Hampton Community Plan (2006, as amended) recommends business and industrial use for this property; WHEREAS: eight conditions are attached to address the location of the school, traffic, capacity, licensure, 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 Carlton Campbell and seconded by Commissioner Chris Snead, BE IT RESOLVED that the Hampton Planning Commission recommends to City Council approval of Use Permit Application No. 14-00006, subject to eight (8) conditions. A roll call vote on the motion resulted as follows: AYES: Williams, Campbell, McCloud, Snead, Bunting NAYS: None ABST: None ABSENT: Southall, LaRue ITEM V.__COMMUNITY DEVELOPMENT DIRECTOR’S REPORT A. CIP Update Senior Budget and Management Analyst Sunshine Torrey stated the purpose of the presentation today is to provide information on the developing Capital Improvement Plan (CIP) and is one of the final updates before the proposed FY PC Minutes 20140403 Page 19 2015-2019 CIP is delivered. Today’s presentation is to provide an update of the progress on developing the CIP as well as to provide information on the polling results received from the on-line polling. A refresher on the CIP is that it is a five-year funding plan which involves the first year being adopted. In order to be eligible for the plan you must meet a minimum cost of $50,000 and have a life expectancy of at least five years. As the CIP committee develops the proposed plan they keep in mind the CIP objectives and why the plan is being constructed. These objectives are: • Continue the City’s overall vision of making Hampton “the most livable City in Virginia.” • Implement the Hampton Community Plan (2006, as amended) including Master Plan Initiatives. • Maintain/protect current bond rating by adherence to Council approved financial policies. • Merge Hampton City Schools’ capital improvement plans with the City’s process. • Prepare capital budget portion of the annual recommended budget. • Balance the city’s economic development needs with existing development and capital renewal plans. In moving forward the Planning Commission will be asked to review the plan for consistency with the Community Plan. Some of the meetings that have been held are: • October 3, 2013 – CIP Kickoff Meeting • November 4, 2013 – CIP Road show Presentation • December 5, 2013 – Update next CIP Community Forum • January 2, 2014 – Held special meeting (work session) • February 6, 2014 – CIP Update During development of the CIP the Budget Department went out into the community to gather feedback to ensure the plan being developed was consistent with what the community wanted. There were nine stakeholder “road shows”; two community educational forums; on-line polling; and the ranking of the CIP submission by CIP Committee with consideration give to feedback/input received from the community balanced against CIP objectives. PC Minutes 20140403 Page 20 This year’s on-line polling campaign consisted of 828 responses with 25% of them not being Hampton residents. Citizens were asked to look at the list projects and recommend which projects they would like to see added to the plan. The on- line results mirrored the results of the road shows. The expenditure categories are grouped together to simplify the process and are listed from least amount to most amount of votes: Coliseum Drive Extension; Hampton Roads Center; Coliseum Drive Pedestrian Overpass; Housing Improvement Grants; Buckroe Boardwalk Renovations; and Blighted Property Acquisition. Polling on the amount of votes received on recurring Maintenance projects that are done every year listed from least to most is: public properties, parks and recreations, and schools. Votes received on the polling of Public Safety projects from least to most are: buildings security, weapon range repairs, in-car cameras, E911 voice recorder, and police technology. The polling on the Streets and Infrastructure projects from the amount of votes received from least to most is: Armistead Pointe pump station; Old Northampton; pump station expansion; pump station generators; and miscellaneous repairs. The only project not noted is the Salt Ponds project which was heavily polled in the community forum, but the data was not available when set up on-line. Polling on the amount of votes received of New Facilities/Major Upgrades projects (a newly created category to define some of the submissions under maintenance of public properties) from least to most is: Briarfield Park redesign, Phoebus Waterfront Park, Activity buses, aquatic facility with 50-meter pool, BMX Park relocated and expanded; Bluebird Gap Farm; and Gosnold’s Hope Park. Broken down between polling received from residents and visitors (determined by where one lives) with the highest ranked starting with No. 1: Residents Visitors 1. Bluebird Gap Farm 1. BMX Park 2. Gosnold’s Hope Park 2. Gosnold’s Hope Park 3. Aquatics Facility 3. Briarfield Park 4. Activity Buses 4. Bluebird Gap Farm 5. Phoebus Waterfront Park 5. Activity Buses 6. BMX Park 6. Indoor Sports Facilities 7. Outdoor Fields 7. Aquatics Facility PC Minutes 20140403 Page 21 8. Briarfield Park 8. Outdoor Fields To finalize the process the Planning Commission will be asked to receive public comment and recommend the Plan be forwarded to City Council for approval based on its consistency with the Hampton Community Plan (2006, as amended). The next steps in the process are: • April 15, 2014 – Proposed Operating/CIP Budget to City Council • May 1, 2014 – Planning Commission public hearing on proposed CIP • May 14, 2014 – 1st Year of Approved CIP is adopted as part of the Manager’s Recommended Budget – City Council will have an opportunity to modify the Plan prior to adoption. Ms. Torrey stated this was her first year working with the Planning Commission on the process and she and the Budget Office would like to thank the Commission for being such a great group to work with. In response to a question from Commissioner Campbell, Ms. Torrey stated the online information had already been developed, but the Salt Ponds project was addressed during the two community events. Commissioner Bunting stated the Salt Ponds dredging was already in the CIP as an ongoing maintenance responsibility. Things that were already basically covered were not put on the polling process. In the two community events, those members of the community that live around Salt Ponds came out and expressed that the City dredge as it needs to (possibly every 5 years) instead of every two years which would extend the dredging and be a long term fix. The Salt Ponds dredging is already in the CIP; the City has a legal obligation to this ongoing maintenance expense. In response to a question from Commissioner Campbell, Ms. Torrey stated those considered visitors was determined when one entered one’s address when doing the online polling. Commissioner Bunting stated it should probably have been worded as “non- resident.” There is a difference between a non-resident and an out-of-town visitor. In response to a question from Commissioner Campbell, Commissioner Bunting stated the Teen Center does do some supplemental fund raising for PC Minutes 20140403 Page 22 activities that may exceed what is covered by the annual operating expenses of the Teen Center. The maintenance, lights, and some programming offered for the Teen Center is in the operating budget and not in the Capital Budget. The CIP covers renovating a facility; building out more aspects of a facility; or changing a facility’s use. Commissioner McCloud stated he has been on the Planning Commission for some time and this year the CIP process has moved by leaps and bounds and he is now prepared to recommend the CIP to City Council. B. Update on Master Plan Implementation City Planner Tolu Ibikunle stated this Master Plan Implementation Series update will be on Coliseum Central. This Plan was adopted by City Council in 2004 with amendments to the Tide Mill Creek Initiative Area in 2005 and 2007. Coliseum Central is seen as a strategic area because the success of this commercial district is critical to the success of the city of Hampton. It has historically served as one of the major regional shopping districts of the Virginia Peninsula and generated a significant portion of taxes for the City. The Coliseum Central area encompasses about 1900 acres and includes the Coliseum Central Business Improvement District (CCBID) which is located at the crossroads of Interstates 64 and 664. There are six initiative areas within the planned area and they include: Sentara Medical Campus; Tide Mill Creek; Coliseum North; Coliseum South; Coliseum Crossroads; and Power Plant Parkway. There are several goals of the plan that are categorized by five themes: Street Network; Pedestrian Accessibility; Recreational Amenities and Open Space; More Urban Mixed-Use Development Patterns; and New Development - an improved street network that makes multiple modes of transportation safe and accessible for all users; pedestrian accessibility and connectivity; access to recreational amenities and destination amenities or entertainment amenities or open space; and urban mixed-use development patterns and new development that promotes a mix of commercial, residential, office, and recreational uses. To achieve these goals several strategies have been implemented within the Master Plan area, beginning first with the Sentara Medical Campus and the Tide Mill Creek Initiative areas. PC Minutes 20140403 Page 23 There has been new development to the east and west of the Sentara Medical Campus and additions made to the hospital itself. A transportation and sewer study was completed for properties north of Hampton Roads Center Parkway (HRCP) to ensure adequate infrastructure to support future development. One of the outcomes of this study was the recommendation for the extension of Coliseum Drive to Butler Farm Road. Phase One of the extension is from HRCP to the Billy Wood Canal and is currently in the Capital Improvements Plan (CIP). Phase Two of the extension would go from the Billy Wood Canal to Butler Farm Road. The Armistead Pointe Master Plan Update process is currently taking place. There has been a lot of reinvestment in the Coliseum North and Coliseum South Initiative areas. Peninsula Town Center, formerly Coliseum Mall, was redeveloped into the urban mixed-use development seen today. The Coliseum Central Business Improvement District (CCBID) Board and staff and City staff are consistently working together to improve this area. There have been streetscape, gateway, and infrastructure improvements. There has been ongoing planning to improve the Newmarket Creek Park and Trail System from the Air Power Park Initiative area and traversing some of the other initiative areas. These improvements increase pedestrian connectivity and make the area more competitive for private investment. The Power Plant Parkway Initiative area is located to the west of I-64. There has been a significant amount of commercial reinvestment, new development, and improvements to Blue Bird Gap Farm in this area, and this trend is expected to continue. The Coliseum Crossroads Initiative is best known for the Convention Center and the Coliseum. There have been parking lot improvements made to the Convention Center. Coliseum Drive was extended in conjunction with additional streetscaping with better pedestrian access. Convention Boulevard was constructed and the H2O residential development is an ongoing project. There are sites outside of these initiative areas that have undergone commercial reinvestment and residential development. An ongoing project is the Coliseum Central Design Guidelines that will serve as a policy document to ensure attractive and quality development. Ms. Ibikunle stated in conclusion of this presentation that overall a lot of new development is happening in this master plan area and more than can be covered in a short amount of presentation time. It is important to know that there has been PC Minutes 20140403 Page 24 over a billion dollars of public and private investment that has gone into this area since the adoption of the plan in 2004. The public and private partnerships and the Coliseum Central Master Plan have served as catalysts for the redevelopment of this district and the preservation of the City’s tax base. With more future projects and further implementation of the Plan, Coliseum Central will continue to thrive. Commissioner Campbell stated it is exciting to see all that has happened in the Coliseum Central area and he applauds the City for its efforts in investment in that area. In response to a question from Commissioner Campbell, Ms. Ibikunle stated the residences in Phase One of H2O that can be seen from I-64, have been completed. Phase Two is “stacked” townhouses and construction is continuing on these. Mr. O’Neill stated the vacant land to the right of the Convention Center and adjacent to the parking is not part of the H2O project. The City has been acquiring land between these structures for parking in case the Convention Center is ever expanded. This land was included in the planning for future development of the Crossroads Project. Commissioners McCloud and Campbell thanked Ms. Ibikunle for her presentation and for bringing the Commission up-to-date on this Master Plan. Mr. O’Neill stated as a reminder the reason the Commissioners had asked for presentations on Master Plan updates is that they want to see the early conceptual side of the planned projects and plans. These presentations are a way to help close the loop on the evolution of these projects and give some satisfaction on what has happened. Mr. O’Neill stated when he goes out to community groups the connection between the pretty pictures and the actual result of the effort that materializes in bricks and mortar is not always seen. It is difficult to communicate the connection between that and the final project. City Manager Bunting and Councilwoman Snead have also found this happens when they are out in the community. With these presentations, it is hoped that the Commissioners will also be able to convey this information to the public on the progress of the plans since it can take a long time from concept to completion. C. Youth Planner Report Junior Youth Planner Michael York presented the Hampton Youth Commission (HYC) report. PC Minutes 20140403 Page 25 Events that took place in March were Facilitation Training on March 10; Youth Master Plan Update Meeting - March 17; Joint Planning Commission/Hampton Youth Commission Meeting - March 18; visit from Commonwealth Attorney Anton Bell - March 24; and Hampton Youth Recruitment Interviews - March 31. The Facilitation Training helped them to be more prepared for the Youth Master Plan Update Meeting and the Joint Session of the Youth Commission and the Planning Commission. The Community Plan Update Meeting for the Youth Master Plan Update was held at the Teen Center with various community stakeholders attending. The Youth Commission facilitated and recorded this meeting and from this meeting good input was obtained. The Joint Planning Commission/HYC was held on March 18 at the Hampton Teen Center which provided insightful discussion; numerous networking opportunities; created a stronger relationship between the Planning Commission and the HYC; and provided a good exercise of Youth Share Leadership. Commonwealth Attorney Anton Bell visited the HYC and discussed with them his role in the community; what it means to be an elected official; and shared his personal story. The HYC began recruiting for its new Commission for the upcoming year at City Hall on March 21, 2014. Another interview session will be held April 24, 2014. Commissioners will be selected by the end of the month. Upcoming Events are: • April 14th – Preparation for Candidate’s Forum • April 21st - Youth Candidate’s forum • April 24th – Second HYC Interviews - 5th Floor, City Hall, 6-7 pm • May – Youth Planner Interviews • June – Draft Youth Component completed • June – YES Guide completed Commissioner Campbell stated the youth did an outstanding job on the March 17 and 18 sessions. It was good insight to see what the youth do. The enthusiasm and excitement they had were admirable. Commissioner Williams stated this was the first time he had been to one of their events. The event was run very well and everyone participated. It gave him insight as to what the Youth Planners and Commissioners are about and how committed they are to what they want to accomplish. Commissioner McCloud stated he had been working with Hampton youth for a long time. The Neighborhood Commission had the Youth/Adult Neighborhood College PC Minutes 20140403 Page 26 at one time. Fond memories were brought back from what he observed at the March 18 meeting. Commissioner Bunting stated she was very impressed, from an administrator’s perspective, with many of the young people, as were the Commissioners. She stated she had called one or two of the parents, including Michael’s, to tell them how strong the young people’s facilitation was and that she would be proud to have many of them on her staff if they were out of school and had finished their college career. They were exemplary not just from a community perspective but an administrative perspective. Commissioner Snead complimented Mr. O’Neill and his staff and stated how the planners were doing right by the youth in coaching and facilitating. She also complimented Michael for a job well done; what was done was well thought out. Commissioners Campbell and McCloud also thanked Chyna Matheny, Senior Youth Planner, for the job she has done. Commissioner Williams complimented the Planning staff and Sunshine Torrey for their efforts. Mr. O’Neill stated he would be remiss if he did not mention that Keith Cannady, Division Manager of Planning and Zoning Administration, spends a lot of his time with his staff, including the youth, so the mentoring and coaching kudos also go to Keith and the work he does. Commissioner McCloud stated had Chairman LaRue be in attendance she would be saying the same thing, that all of the Planning Commissioners are excited about what the Planning Division does for them and what they do with the young people. Having worked for some time with these programs, it is rewarding to see where they have come from in years past from the start of the Neighborhood Initiative before Youth Planners. He stated some of this falls on City Manager Bunting’s shoulders as well, and they are totally appreciative of the work she and City Council do in working with the young people. Mr. O’Neill stated they have come a long way from when they would meet in the basement of the old Hampton General Hospital. ITEM VI. ITEMS BY THE PUBLIC There were no items by the public. ITEM VII. MATTERS BY THE COMMISSION There were no matters presented by the Commission. ITEM VIII. ADJOURNMENT PC Minutes 20140403 Page 27 There being no further business, the meeting adjourned at 5:45 p.m. Respectfully submitted, ___________________________________ Terry O’Neill Secretary to the Commission APPROVED BY: ____________________________________ Gaynette LaRue Chairman PC Minutes 20140403 Page 28

Agenda

PLANNING COMMISSION City of Hampton, Virginia CHAIR: Gaynette LaRue VICE-CHAIR: Thomas Southall COMMISSIONERS: Mary Bunting, Carlton Campbell, Andre McCloud, Chris Snead, Gregory Williams WORK SESSION April 3, 2014 @ 3:00 PM – Lawson Conference Room I. Questions about agenda items MEETING AGENDA April 3, 2014 @ 3:30 PM – City Council Chambers I. Call to Order II. Roll Call III. Minutes of the March 6, 2014 Planning Commission Meeting IV. Public Hearing Items A. Rezoning Application No. 14-00001: by Jonathan L. Yates to rezone 13.9+ acres at 57 Tide Mill Lane [LRSN 7001624] from One Family Residence (R-15) District with proffers to One Family Residence (R-11) District without proffers. Proffers on the site from a prior rezoning restrict use of the parcel to a tree farm operation and single family residential development meeting R-11 standards. Approval of this application will permit all uses in R-11, including a communications tower subject to an approved use permit. The Hampton Community Plan (2006, as amended) recommends Rural Density Residential use for this area. This application accompanies UP14-00001 and UP14-00002. Copies of documents or information concerning this proposal may be obtained from the Community Development Department located in Hampton City Hall at 22 Lincoln Street or from Alison Alexander, 757-728-5238 or aalexander@hampton.gov. B. Use Permit Application No. 14-00001: by Jonathan L. Yates to operate a tree farm/nursery at 57 Tide Mill Lane [LRSN 7001624]. The property is currently zoned One Family Residence (R-15) District with proffered conditions permitting a tree farm. This application accompanies RZ 14-00001, which would rezone the property listed above from R-15 with proffered conditions to R-11 without proffered conditions, which would permit a tree farm/nursery subject to securing a use permit. Approval of this application would permit the existing tree farm/nursery to remain in operation.The Hampton Community Plan (2006, as amended) recommends Rural Density Residential use for this area. This application also accompanies UP14-00002. Copies of documents or information concerning this proposal may be obtained from the Community Development Department located in Hampton City Hall at 22 Lincoln Street or from Alison Alexander, 757-728-5238 or aalexander@hampton.gov. C. Use Permit Application No. 14-00002: by Jonathan L. Yates to construct a communications tower at 57 Tide Mill Lane [LRSN 7001624]. The property is zoned One Family Residence (R-15) District with proffered conditions restricting use of the parcel to a tree farm operation and single family residential development meeting R-11 standards. This application accompanies RZ 14-00001, which would rezone the property listed above from R-15 with proffered conditions to R-11 without proffered conditions, which would permit the construction of a communications tower subject to securing a use permit. The Hampton Community Plan (2006, as amended) recommends Rural Density Residential use for this area. This application also accompanies UP14-00001. Copies of documents or information concerning this proposal may be obtained from the Community Development Department located in Hampton City Hall at 22 Lincoln Street or from Alison Alexander, 757-728-5238 or aalexander@hampton.gov. D. Use Permit Application No. 14-00004: by Sovonia Golden to operate a day care 3 at 3311 Kecoughtan Drive [LRSN 13002647]. The property is zoned One Family Residence (R-13) District, which permits a day care 3 subject to securing a use permit. The applicant is requesting permission to operate the day care for approximately 49 children. The Hampton Community Plan (2006, as amended) recommends Public/Semi-public use for this area. This item was deferred by the Planning Commission at its March 6, 2014 meeting and is being concurrently advertised for a public hearing at the April 9, 2014 City Council meeting. Copies of documents or information concerning this proposal may be obtained from the Community Development Department located in Hampton City Hall, 22 Lincoln Street, or from Alison Alexander, 757-728-5238 or aalexander@hampton.gov. E. Use Permit Application No. 14-00005: by Goodwill Industries of Central Virginia, Inc. for a school at 1911 Saville Row [LRSN 7001205]. The property is zoned Limited Commercial (C- 2) District and is in the Special Public Interest – Coliseum Central (SPI-CC) overlay district, which allow for the operation of a school subject to approval of a use permit. The applicant is proposing to lease the property to Thomas Nelson Community College (TNCC) for use as part of TNCC’s Workforce Development vocational training program. The Hampton Community Plan (2006, as amended) recommends mixed-use for this property and in the surrounding area. The Coliseum Central Master Plan (2004, as amended) recommends mixed-use consisting of community- and- neighborhood-serving retail, and medium-density housing. Copies of documents or information concerning this proposal may be obtained from the Community Development Department located in Hampton City Hall at 22 Lincoln Street or from Matt Smith, 757-727-6077 or mssmith@hampton.gov. F. Use Permit Application No. 14-00006: by Lutheran Family Services of Virginia, Inc. for a school at 130 Research Dr. [LRSN 13000452]. The property is zoned Limited Manufacturing (M-1) District, which permits the operation of a school subject to approval of a use permit. The property is also located within the Special Public Interest – Magruder Visual Corridor (SPI-MVC) overlay district, and the Air Installations Compatible Use Zone (AICUZ) 70 – 75 dB noise contour. Approval of this application would permit an educational program for adults with intellectual and developmental disabilities on the property. The Hampton Community Plan (2006, as amended) recommends business and industrial use for this property and in the surrounding area. Copies of documents or information concerning this proposal may be obtained from the Community Development Department located in Hampton City Hall at 22 Lincoln Street or from Matt Smith, 757- 727-6077 or mssmith@hampton.gov. V. Community Development Director’s Report A. CIP Update B. Update on Master Plan Implementation C. Youth Planner Report VI. Items by the Public VII. Matters by the Commission VIII. 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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