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, SEPTEMBER 4, 2014, AT 3:00 P.M. Commissioners Carlton Campbell, Andre McCloud, Gregory Williams, Vice-Chair Tommy Southall, and Chairman Gaynette LaRue were present. Commissioners Chris Snead and Mary Bunting were absent. A discussion was held on the upcoming Board elections. Secretary to the Board Terry O’Neill reminded those present that only the Chair can serve for two consecutive years. In response to a question from Commissioner McCloud about the Annual Report, Mr. O’Neill stated that a site has not been selected for the Wythe Fire Station. In response to a question from Commissioner Campbell, Senior Zoning Official David Stromberg stated the CRS point system for the Flood Insurance program is scored on a scale from 10 to 1 with the biggest reduction based on a 1. In response to a question from Vice-Chair Southall, City Planner Matt Smith stated the Hampton Yacht Club is in the process of purchasing the property for the Use Permit request. One does not have to have a main structure to request a Use Permit if there are docks. In response to a question from Vice-Chair Southall, Assistant City Attorney Bonnie Brown stated that a marina is considered a primary use in the zoning ordinance, which can be located on an otherwise vacant parcel of land if a use permit is obtained. A pier, however, is considered an accessory use, which would not be permitted on a vacant parcel. In response to a question from Vice-Chair Southall, Mr. O’Neill stated the property previously had an old industrial building on the site and remaining are abandoned foundations which could possibly account for the posted “unsafe” danger signs. Mr. Smith stated the community meeting for the Hampton Yacht Club application was well attended and no one expressed opposition. He received an email after the meeting from one of the attendees stating concern about losing the view from their property because of the screening to be put in place. The screening denotes residential from non-residential uses and serves as a riparian buffer. In response to a question from Chairman LaRue, Mr. O’Neill stated the applicant is in the process of purchasing the property at 91 E. Mercury Boulevard if the Rezoning is approved. Ms. Brown explained a number of uses are being proffered for the site. PC Worksession 20140904 Page 1 There being no further business, the meeting adjourned at 3:33 p.m. PC Worksession 20140904 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, SEPTEMBER 4, 2014 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 Commissioners Gregory Williams, Carlton Campbell, Andre McCloud, Chris Snead, Vice-Chair Tommy Southall, and Chairman Gaynette LaRue were present. Commissioner Mary Bunting was absent for roll call and arrived at 4:23 P.M. ITEM III. PLANNING COMMISSION ELECTION FOR CHAIRMAN AND VICE-CHAIRMAN A. Election of Chairman A motion was made by Vice-Chair Tommy Southall and seconded by Gregory Williams to nominate Chairman Gaynette LaRue as Chairman to the Hampton Planning Commission for a one-year term. A roll call vote on the motion resulted as follows: AYES: Williams, Campbell, McCloud, Snead, Southall NAYS: None ABST: LaRue ABSENT: Bunting B. Election of Vice-Chairman A motion was made by Commissioner Carlton Campbell and seconded by Vice-Chair Tommy Southall to nominate Commissioner Andre McCloud as Vice- Chairman to the Hampton Planning Commission. A roll call vote on the motion resulted as follows: AYES: Williams, Campbell, McCloud, Snead, Southall, LaRue NAYS: None ABST: None ABSENT: Bunting ITEM IV. MINUTES A motion was made by Commissioner Carlton Campbell, seconded by Commissioner Gregory Williams, to approve the minutes of the August 7, 2014 work session and Planning Commission meeting as corrected. A roll call vote on the motion resulted as follows: Planning Commission 20140904 Page 1  AYES: Williams, Campbell, McCloud, Snead, Southall, LaRue NAYS: None ABST: None ABSENT: Bunting 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 V. PUBLIC HEARING ITEMS: Mr. O’Neill read the public hearing items advertised in the Daily Press on August 21 and August 28, 2014. A. Rezoning Application No. 14-00006: by Robert and Jody Egan to rezone 0.9+ acre at 1080 Big Bethel Road [LRSN 4002751] from One Family Residence (R- 11) District to Residential Transition (RT-1) District without proffers to allow for a chiropractic office. The Hampton Community Plan (2006, as amended) recommends Low Density Residential use for this area. City Planner Alison Alexander presented Rezoning Application No. 14-00006 by Robert and Jody Egan to rezone 0.9+ acres at 1080 Big Bethel Road from One Family Residence (R-11) District to Residential Transition (RT-1) District without proffers to allow for a chiropractic office. The applicants rezoned the adjacent parcel located at 1078 Big Bethel Road in 2004 to RT-1 to allow their chiropractic business in an existing building. Their business has done well and they are now looking to expand and would like to have the adjacent parcel (1080 Big Bethel Road) rezoned to allow for the expansion. Developed for this area, the RT-1 District has four specific objectives: 1. To create a district that serves as a buffer between single-family residential districts and major arterial streets; 2. To create a district that allows only uses compatible with single-family development, recognizing that these uses may be interspersed with residential development along the corridors; 3. To create a district that allows non-residential development, but which requires that development to maintain the existing residential scale along the corridors; and 4. To create a district that will not significantly increase traffic along the corridors, by allowing only those uses that generate no more than two and one-half (2½) times the total average daily traffic trips generated by single-family development, or eighty-eight (88) trips per acre. Planning Commission 20140904 Page 2  In addition to the objectives there are City policies that provide guidance for evaluating land use proposals from a regional, city-wide, and neighborhood perspective; safeguards the integrity of existing residential neighborhoods; and nurtures small and start-up businesses. Because of the many controls built into the RT District there are no proffered conditions built into this application. If the property is ever redeveloped there are stipulations on types of structures and character of development in order to keep building types compatible with its surroundings. Staff recommends approval of Rezoning No. 14-00006 with no proffered conditions. In response to questions from Commissioner Campbell, Ms. Alexander stated a community meeting was held on Wednesday, September 3, 2014 and there were no members from the public in attendance. The applicants will be using both parcels and there are no plans to connect the two structures and there are no plans to vacate the property lines. In response to a question from Commissioner Southall, Ms. Alexander stated there are certain restrictions within the RT-1 zoning district to control the character of a use and ensure that the character is compatible. It also ensures the uses that go into an RT- 1 zone are proper and that they are compatible with the existing single family housing. Commissioner Southall stated the permitted uses of the RT-1 District run from adult care residences, to massage parlors, to boat repair facilities. Located in the area of this request are entrances to a high school and K-4 through 8 grade schools. If the rezoning is granted it could make this larger RT-1 strip of land more appealing to someone else who might want to locate a bank or a fast food restaurant on the parcel. Commissioner Southall stated his concern and questioned how this could be kept from happening. In response to Commissioner Southall’s question, Terry O’Neill, Secretary to the Commission, stated the essence of the RT District was to allow some group of uses that are small in scale with restrictions that talk to the scale, character, and structure of buildings. The structures have to be ones that will coexist with residential structures. Another major limiting factor is the traffic generation limit which would protect Big Bethel Road from becoming a strip of traditional commercial development. Businesses like fast food could not meet those restrictions. Some of the permitted uses may not meet the traffic generation limit. Any application received would have to go through a review of all the provisions before a recommendation is made. In response to a question from Commissioner Campbell, Mr. O’Neill stated that the average amount of generated traffic could be no more than 2½ times the total average daily traffic trips generated by single-family development, or eighty-eight (88) trips per acre. Big Bethel Road was limited to four lanes of traffic years ago by City Council. Planning Commission 20140904 Page 3  Dr. Robert Egan, 1080 Big Bethel Road, stated his business has been successfully operating at 1078 Big Bethel Road since 2004. He stated he and his wife live and work in Hampton. There were no public speakers. After discussion the Commission approved the following resolution: WHEREAS: the Hampton Planning Commission has before it this day a proposal by Robert and Jody Egan to rezone 1080 Big Bethel Road [LRSN 4002751]; WHEREAS: the Hampton Community Plan (2006, as amended) recommends Low Density Residential for this property; WHEREAS: the site is currently zoned Single Family Residential (R-11) District; WHEREAS: approval of this application would rezone the property to Residential Transition (RT-1) District, which applies to the Big Bethel Road and Todds Lane Corridor and allows a mix of residential, low- intensity commercial, and institutional uses meeting specific design, development, and traffic criteria; WHEREAS: this proposed rezoning will accomplish all goals of the RT-1 district; 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 Gregory Williams and seconded by Commissioner Carlton Campbell, BE IT RESOLVED that the Hampton Planning Commission recommends to City Council approval of Rezoning Application No. 14-00006 with no proffered conditions. A roll call vote on the motion resulted as follows: AYES: Williams, Campbell, McCloud, Southall, Snead, LaRue NAYS: None ABST: None ABSENT: Bunting B. Rezoning Application No. 14-00007: by Ego Ami, LLC c/o Kingsway Physical Therapy LLC and Riverside Healthcare Assoc. Inc. to rezone 2.66+ acres at 91 E. Mercury Boulevard [LRSN 8001553] from One Family Residence (R-13) District to Neighborhood Commercial (C-1) District with proffers for commercial use, primarily a physical therapy office. The Hampton Planning Commission 20140904 Page 4  Community Plan (2006, as amended) recommends Commercial use for this area. City Planner Matt Smith presented Rezoning Application No. 14-00007 by Ego Ami, LLC c/o Kingsway Physical Therapy LLC and Riverside Healthcare Assoc., Inc. to rezone 2.66+ acres at 91 E. Mercury Boulevard from One Family Residence (R-13) District to Neighborhood Commercial (C-1) District with proffers for commercial use, primarily a physical therapy office. This property was developed in 1984 for use as a medical office. In 2002, the City of Hampton rezoned the property to One Family Residence (R-13) District for the purposes of permitting a nursing school by Riverside Healthcare. When Riverside opened the school, it continued to use the building constructed in 1984. That same commercial building currently sits vacant. Today, the applicant requests to reuse the building for a physical therapy office. Accessed directly off of a major roadway (Mercury Boulevard) the property is surrounded by a church, Ridgeway Park, and a fast food restaurant. The applicant currently operates a physical therapy business on Fox Hill Road and has grown to the point where a larger building is needed and the location of 91. E. Mercury Boulevard suits their needs. The site is zoned R-13 which does not permit a medical office. Rezoning the property to a commercial zoning district, as proposed, also supports the land use recommendation of the Hampton Community Plan (2007, as amended), which recommends commercial use of this property. The Community Plan recognizes low inventory of vacant developable land; the nurture of small businesses; and supports development and expansion of appropriate medical activities. The applicant has proffered a condition that limits the uses of the site to a subset of C-1 (Neighborhood Commercial) District uses: • Retail • Restaurants • Catering • Dry Cleaning collection • Banks • Print shops • Professional offices • Medical offices A community meeting was held on Wednesday, September 3, 2014, and no members of the public were in attendance. Staff recommends approval of Rezoning Application No. 14-00007 with one proffered condition. Planning Commission 20140904 Page 5  In response to a question from Chairman LaRue, Mr. Smith stated the property was originally zoned R-M (Multiple Residence), which the City has disfavored. When the nursing school wanted to go there it was suggested the property be zoned R-13 in conjunction with the nursing school, but a medical office is not allowed in that district. Shola Asenuga, 208 Fox Hill Road, as representative for the applicant, stated the facility has outgrown its current location and would like to stay in Hampton. She stated she is a physical therapist in the Air Force and retiring soon and would also like to stay in Hampton. Marvin Teachey, 3 Pine Cone Drive, stated he owns the property located across Mercury Boulevard from the applicant’s location. Mr. Teachey stated his concern is not the use of the property but the dredging the City has done of the canal and the Hampton River around Ridgway Park. This work has created mud flats. Mr. Teachey stated his concern is the area of trees on the property. If the property is made commercial, there would be more damage caused to the Hampton River from the additional runoff and filling-in of the creek. In response to a question from Chairman LaRue, Mr. O’Neill stated the Planning Commission does not have the authority to get into the issue about which Mr. Teachey is concerned, although Mr. Teachey has a right to express his concerns. If further construction is done there are stringent regulations in place to address the issue and protect the Bay. Mr. Teachey stated the canal and trees next to Hardees and Ridgway Park have no protection. Chairman LaRue stated the Commission is aware of the new challenges that Hampton and other cities have with the sea level rise, but it is not in the Commission’s purview. City staff and other Boards and Commissions are working on the issue. Mr. O’Neill stated there are new Chesapeake Bay, Stormwater, and Erosion Control requirements that will work on this issue. The current environment is very different than when Hardees went in or when Mercury Boulevard was originally developed. In response to a question from Vice-Chair McCloud, Mr. O’Neill stated one would have to go through the process of meeting all the standards of administrative review before any permits were issued if the rezoning is granted and one would want to build another structure on the property in the future. In response to Commissioner Williams, Mr. O’Neill stated an applicant would only come before the Commission again if they wanted to do something not permitted by the rezoning. However, to build anything additional, the administrative review process would have to be done. Assistant City Attorney Bonnie Brown stated due to the proximity of this location to the water, if a site plan is presented for this property, the applicant would have to go before the Chesapeake Bay Preservation District Review Committee. Planning Commission 20140904 Page 6  After discussion the Commission approved the following resolution: WHEREAS: the Hampton Planning Commission has before it this day a proposal by Ego Ami, LLC c/o Kingsway Physical Therapy, LLC and Riverside Healthcare Assoc. Inc. to rezone 91 East Mercury Boulevard [LRSN 8001553]; WHEREAS: the Hampton Community Plan (2006, as amended) recommends Commercial Land Use for this property; WHEREAS: the site is currently zoned Single Family Residential (R-13) District; WHEREAS: approval of this application would rezone the property to Neighborhood Commercial (C-1) District, with proffered conditions; WHEREAS: the proffered conditions limit the specific commercial uses permitted on the property; WHEREAS: the existing development was originally constructed for use as a medical office; WHEREAS: the property was previously rezoned to R-13 in order to accommodate a nursing school; 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 Rezoning Application No. 14-00007 with five proffered conditions. 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. 14-00015: by Hampton Yacht Club, Inc. for a marina at 515 Bridge St. [LRSN 2003828]. The property is zoned Special Public Interest – Old Hampton Waterfront (SPI-OHW) District, which permits marinas subject to securing a use permit. The Hampton Community Plan (2006, as amended) recommends mixed use for this site. City Planner Matt Smith presented Use Permit Application No. 14-00015 by Hampton Yacht Club, Inc. for a marina at 515 Bridge Street just north of their current facility. Planning Commission 20140904 Page 7  The Hampton Yacht Club (HYC) currently has facilities that include a private club and a marina. HYC is proposing to expand their marina facilities to 515 Bridge Street. The proposal includes 28 boat slips that can accommodate larger recreational vessels, and parking for 14 to 16 vehicles. The City of Hampton’s Zoning Ordinance allows for marinas in the Special Public Interest – Old Hampton Waterfront (SPI-OHW) District with approval of a use permit by City Council. Most of the property falls under the Chesapeake Bay Preservation District, a portion in the Intensely Developed Area (IDA) and a portion in the Resource Management Area (RMA), and allows for mitigation if certain measures are taken. The Hampton Community Plan (2006, as amended) calls for building on existing assets such as the City’s waterfront and waterways. It also recognizes that Downtown Hampton is a boating destination, and that deep water access to the waterfront is limited but includes the lower Hampton River. Community Plan policies include promoting appropriate use of the waterfront, promoting boating access and water uses, encouraging development of docking facilities, and ensuring that waterfront development is sensitive to environmental concerns. Hampton Yacht Club’s proposal is in alignment with these policies. The Downtown Master Plan (2004, as amended) calls for maintaining public views of the Hampton River. The marina will not obstruct views of the river. Staff recommends attaching conditions to the application that include: • Limiting the marina to 28 slips • Visual and ecological buffering • Minimizing spillover lighting onto adjacent parcels A community meeting was held by the HYC on August 25, 2014. Twenty seven people attended with Georgetown Condominium residents making up a majority of those attendees. No opposition to the use was voiced. Staff received an email from a Georgetown Condominium resident that expressed concern about the impact of the proposed buffer on his view of the Hampton River. Staff recommends approval of Use Permit Application No. 14-00015 with seven conditions. Commissioner Campbell asked if there is any way to not have the riparian buffer or screening that would block the Georgetown Condominium resident’s view or was it something that has to be consistent across for the buffer. In response Mr. Smith stated that the buffer calls for a dual use of screening - the use and the accessory use of the parking - from the residential development to the north. It has a visual aspect and a riparian function which call for a shrubbery layer, an understory layer, and a canopy layer. It is fairly specific as to how the buffer should be created but does allow for some options on the number of understory trees in the buffer. The choice may be for more trees than shrubs. The condition allows the applicant to choose how they want to put in the understory layer. Planning Commission 20140904 Page 8  Frear Hawkins, One E. Queens Way, representing the applicant, stated the property had a marina for years, but it was taken down when a condominium project was proposed. Also proposed with the condominium project was a 32 slip marina, but that project did not work out. The HYC is asking for a Use Permit to be granted so the marina facility could be expanded by 28 slips. The HYC has been working with the Georgetown Board of Directors making certain there is ample room for the vessels to come in and out. The riparian line has been moved. The Yacht Club has been working so that boats can easily come in and out of both facilities. The HYC met with the Board of Directors of the Georgetown Condominiums and the Board did not seem to have any concerns. A community meeting was held with no adverse comment at that time nor has any been received to this point by the Commission or the Planning staff. Approximately ninety notices were mailed out and approximately 27 people attended the meeting. Mr. and Mrs. Blake, who live in the last unit at Georgetown Condominiums, expressed concern about the buffer. The buffer is one of the conditions staff has requested the HYC proffer. The HYC is willing to work with Mr. and Mrs. Blake and the staff so an acceptable alternative can be worked out to allow construction of a buffer that will do the filtration that is necessary for the Chesapeake Bay Act and to also protect the Blake’s concerns. Mr. Hawkins stated a newspaper article earlier in the week reported that part of the property might be conveyed to Hampton Roads Sanitation District (HRSD) to allow for the relocation of a pump station. Phil Briggs, 4013 Chesapeake Avenue, slip manager for the marina, explained when questioned by Chairman LaRue that the staging area shown on the map is an 80’+ long floating dock for boats that come to the marina to use of the pump-out station. There is a small crane that would be used to erect masts on sail boats that come in for the regattas. It is a small pole and is not used for lifting boats. Irvin Blake, 467 Bridge Street, stated he and his wife Susan live in the individually owned condo units and they are not rental units. They are pleased the HYC bought the property in question, but they are concerned that the need for screening will block their view of the river and the channel. Mr. Blake believes there is plenty of room for the riparian buffers. In response to a question from Chairman LaRue, Mr. Smith stated there is a condition for a 20 foot buffer between the two properties. Mr. O’Neill stated if the current buffer condition is a concern, the Commissioners can modifiy the recommendation before the Use Permit goes to City Council. In response to a question from Vice-Chair McCloud, Mr. Smith stated the condition for the buffer comes from the Virginia Department of Conservation and Recreation Riparian Buffers Modification Mitigation Manual. Planning Commission 20140904 Page 9  In response to a question from Commissioner Williams, Mr. Blake stated he is concerned the growth of the buffer over time would block the view, but it is the screening that is more of a concern than the riparian buffer. Mr. Smith stated that often conditions or proffers from a rezoning application provide for a landscape buffer between two types of uses. In this case staff felt they might as well make it function from a riparian aspect as well as the screening function. The manual should be followed to make it as functional as possible. Chairman LaRue stated the waterfront is one of the major assests of Hampton. She suggested staff work with the applicant and Mr. Blake to develop a plan before the next Council meeting to best allow the view for as many of the residents that are there. In response to a question from Commissioner Campbell, Mr. Blake stated he had been informed of the application, but learned about the screening during the Yacht Club’s presentation. He (Mr. Blake) does not want his view of the club to be screened. Larry Cumming, 2236 Cunnigham Drive, stated he was present at this (PC) meeting as a citizen and member of the Yacht Club and not as an attorney, although for full disclosure he has represented the Yacht Club in the past. The HYC is an important element of the community and is somewhat unique. It is not merely a social activity for the members. It is a very active sailing club and boating club that brings lots of people to our city that might not otherwise come to Hampton for their events. It complements other businesses and marinas and many people gain a benefit from having the HYC. The ability to expand the club and permit larger boats and permit the club to maintain a healthy, active facility in the city will be beneficial not only to the yacht club but to the City and other businesses in the city. The Hampton River is a key element of the downtown and has always been a yachting mecca. Recommending approval of the Use Permit will ensure that it continues to be so. Expansion of the marina will be helpful and will complement the existing facility. Mr. Cumming stated if it were possible to have the lower bushes closer to the water and the the larger trees closer to Bridge Street, the height of the buffer could be tapered as it gets to the waterway. Everyone is trying to buffer different uses but in this case there are those in Georgetown who love the view of the waterway and the marina and it is a vital benefit to everyone there. It might make everyone happy if the screening is done like this and can still be accomodating with the CBPD Act. Mr. Cumming requested approval of the application. Chairman LaRue and Commissioner Bunting, as members of the Hampton Yacht Club, stated they would abstain from voting on this application. After discussion, the Commissioners approved the following resolution: WHEREAS: the Hampton Planning Commission has before it this day a proposal by Hampton Yacht Club, Inc. for a marina located at 515 Bridge St. [LRSN 2003828]; Planning Commission 20140904 Page 10  WHEREAS: Hampton Yacht Club has a need to accommodate larger recreational vessels, and is proposing to expand their current marina facilities by adding up to 28 new boat slips; WHEREAS: the property is zoned Special Public Interest – Old Hampton Waterfront (SPI-OHW) District, which allows for the operation of a marina subject to approval of a use permit; WHEREAS: the Hampton Community Plan (2006, as amended) calls for building on existing assets such as the City’s waterfront and waterways, and includes policies supporting this initiative; WHEREAS: seven (7) conditions are attached that address the extent of the use, buffering, and lighting; WHEREAS: two members of the public spoke regarding this proposal, one voicing support and another requesting that the buffering condition be readdressed; and WHEREAS: the Hampton Planning Commission directed Planning staff to work with Hampton Yacht Club and residents of the Georgetown Condominiums to readdress the buffer condition; NOW, THEREFORE, on a motion by Commissioner Andre McCloud and seconded by Commissioner Chris Snead, BE IT RESOLVED that the Hampton Planning Commission recommends to City Council approval of Use Permit Application No. 14-00015, subject to seven (7) conditions. A roll call vote on the motion resulted as follows: AYES: Williams, Campbell, McCloud, Southall, Snead NAYS: None ABST: Bunting, LaRue ABSENT: None D. Zoning Ordinance Amendment No. 154-2014: Ordinance to Amend and Reenact Article XI of Chapter 17.3 Entitled, “SPI-OH Old Hampton District” of the Zoning Ordinance of the City of Hampton, Virginia Pertaining to Development Standards. Approval of this amendment would correct an inadvertent deletion in a prior amendment governing retail sales and wholesaling downtown. Assistant City Attorney Bonnie Brown presented Zoning Ordinance Amendment No. 154-2014, an Ordinance to amend and reenact Article XI of Chapter 17.3 Entitled “SPI-OH Old Hampton District” of the Zoning Ordinance of the City of Hampton, Virginia pertaining to development standards. Planning Commission 20140904 Page 11  Ms. Brown stated this is a housekeeping amendment for an item that was inadvertently deleted governing retail sales and wholesaling downtown, stating that all business must be conducted inside the building. In response to a question from Chairman LaRue, Ms. Brown explained that Bay Days is a Special Event and has different regulations. There were no speakers from the public. After discussion, the Commissioners approved the following amendment: WHEREAS: the Hampton Planning Commission has before it this day ZOA 154- 2014, a proposed ordinance to Amend and Reenact Article XI of Chapter 17.3 Entitled, “SPI-OH Old Hampton District” of the Zoning Ordinance of the City of Hampton, Virginia Pertaining to Development Standards; WHEREAS: staff discovered that a provision governing outdoor sales in Downtown was inadvertently deleted in a prior amendment; WHEREAS: this amendment would re-adopt the requirement that all permitted stores, shops, offices, or businesses except gas station and parking lots shall be located within a wholly enclosed building and no more than fifty (50) percent of the floor area of any building shall be used for the storage of merchandise in the Downtown area; and WHEREAS: there were no speakers from the public. NOW, THEREFORE, on a motion by Commissioner McCloud and seconded by Commissioner Southall, BE IT RESOLVED that the Hampton Planning Commission recommends to City Council approval of the ordinance amendment to Chapter 17.3 of the Zoning Ordinance. A roll call vote on the motion resulted as follows: AYES: Williams, Campbell, McCloud, Southall, Snead, Bunting, LaRue NAYS: None ABST: None ABSENT: None ITEM VI. COMMUNITY DEVELOPMENT DIRECTOR’S REPORT A. Extended Stay Hotels - Wanda Rogers, Director, Department of Human Services Planning Commission 20140904 Page 12  Wanda Rogers has had to reschedule her discussion and insight until the October Planning Commission meeting on the services provided by Human Services for individuals and families that may get caught up in the inspection programs of hotels. Mr. O’Neill stated a copy of the Planning and Zoning Administration Division’s Annual Report information was included in each Commissioner’s package and an oral report and discussion will be held at the October meeting. B. Youth Planner Presentation Bryauna Kralik, Junior Youth Planner, presented the Hampton Youth Commission (HYC) report. The HYC held their annual retreat at Hampton University and the Rupert Sargent Building on the 20th and 21st of August. The HYC’s annual retreat is a comprehensive training program designed to prepare Commissioners for the upcoming work year. Throughout the retreat, the Commissioners participated in teambuilding activities, workshops, and input discussions. The Commissioners learned about the history and importance of Hampton, and participated in a scavenger hunt based in Downtown Hampton and helped the Commissioners learn more about the downtown area. The discussion the Commissioners participated in covered comparing problems faced from the past versus the present. The three top issues they listed are education, public safety, and transportation. The hands-on-learning was a facilitation practice meeting with the Commissioners splitting into small groups with each having a rotating facilitator and where each led discussions on solutions about the three top listed issues. The Commissioners learned about the history of Youth Civic Engagement, the Youth Planner Program, and the Hampton Youth Commission. The Commissioners learned about Work Plans, their purpose, and how to construct a work plan. They participated in a Planning Process exercise practicing what it is like to be a Planner. The Commissioners toured the Harbor Square area. During the Hampton Youth Planners orientation they had a debriefing on their retreat and discussed the pros and cons and how to improve for the next year. Also discussed was the program expectations, employee etiquette, and assignment due dates. The first HYC meeting will be on September 8, 2014 in the Community Development Conference Room where they will further discuss their area of focus and identify the main tasks for their work year. The Planning Commissioners welcomed Ms. Kralik to her first Planning Commission meeting and stated they looked forward to working with her during the coming year. Planning Commission 20140904 Page 13 ITEM VII. ITEMS BY THE PUBLIC There were no items presented by the public. ITEM VIII. MATTERS BY THE COMMISSION Commissioner Southall commended staff on the hard work and research involved on all the amendments brought forward today. ITEM IX. CLOSED SESSION Chairman LaRue entertained a motion to convene a closed session pursuant to the exemption from open meetings allowed by Section 2.2-3711(A)(7) of the Code of Virginia to consult with legal counsel regarding specific legal matters requiring the provision of legal advice by such counsel. A motion was made by Commissioner Williams and seconded by Commissioner Campbell that the Hampton Planning Commission enters into closed session. A roll call vote on the motion resulted as follows: AYES: Williams, Campbell, McCloud, Southall, Snead, Bunting, LaRue NAYS: None ABST: None ABSENT: None Certification of Closed Session Chairman LaRue entertained a motion to certify that to the best of each member’s knowledge: 1. Only public business matters lawfully exempted from open meeting requirements under Virginia law were discussed, and 2. Only public business matters as were identified in the motion, by which the closed meeting was convened, were heard, discussed, or considered in the closed meeting by the Planning Commission. A motion was made by Commissioner Snead, and seconded by Commissioner Campbell that to the best of each member’s knowledge: 1. Only public business matters lawfully exempted from open meeting requirements under Virginia law were discussed, and 2. Only public business matters as were identified in the motion, by which the closed meeting was convened, were heard, discussed, or considered in the closed meeting by the Planning Commission. Planning Commission 20140904 Page 14  A roll call vote on the motion resulted as follows: AYES: Williams, Campbell, McCloud, Southall, Snead, Bunting, LaRue NAYS: None ABST: None ABSENT: None ITEM X. ADJOURNMENT There being no further business, the meeting adjourned at 5:59 p.m. Respectfully submitted, ___________________________________ Terry O’Neill Secretary to the Commission APPROVED BY: ____________________________________ Gaynette LaRue Chairman Planning Commission 20140904 Page 15