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, OCTOBER 2, 2014, AT 3:00 P.M. Commissioners Tommy Southall, Gregory Williams, Carlton Campbell, Teresa Schmidt, Vice-Chair Andre McCloud, and Chairman Gaynette LaRue were present. Commissioner Mary Bunting was absent. Assistant City Attorney Bonnie Brown explained that upon the applicant’s request the first two cases (for Mawusi Scott Properties II, LLC at 3217 Commander Shepard Boulevard) should be deferred until the November Planning Commission meeting, as they have not finalized their proffered conditions. In response to a question from Commissioner Campbell, Terry O’Neill stated that the previous owners of the property now known as Stillwater Tavern located at 555 Settlers Landing Road, violated conditions of their live entertainment permit and their permit was not renewed. City Planner Alison Alexander stated the violations also included police and neighborhood complaints. Mr. O’Neill stated under live entertainment provisions there is a requirement for a mandatory review after 12 months. Deputy Zoning Administrator Jeff Conkle stated the permit can be administratively extended for another 5 year period. In response to a question from Commissioner Teresa Schmidt, Ms. Alexander stated that noise was not listed in the complaints received. Mr. O’Neill stated it is a good idea that City Council included mandatory review in the conditions for all live entertainment permits. Chairman Gaynette LaRue welcomed Teresa Schmidt to the Planning Commission as its newest Commissioner. Senior Budget and Management Analyst Sunshine Torrey presented a brief, informal presentation of the Capital Improvement Plan (CIP) process, which is starting earlier than in prior years. This CIP process will be run prior to the budget, and public feedback will be incorporated. A special session will be held at the November Planning Commission meeting and the CIP will be adopted by City Council in January or February. In response to a question from Vice-Chair McCloud, Ms. Torrey stated with the CIP process is starting earlier, the Neighborhood Commission will be informed about it PC Worksession 20141002 Page 1 this month and the Community Forums will be held in November which will provide ample time for public feedback. Mr. O’Neill stated the Commissioners should let Ms. Torrey know if the format from last year was a good one and if so, should it be continued. The Commissioners agreed the format should be continued. In response to a question from Commissioner McCloud, Ms. Torrey stated the status of the CIP initiatives have not been posted on the website but would be incorporated in the upcoming presentations. In response to a question from Commissioner Williams, Mr. O’Neill stated there is a fine imposed on the violations found at hotels and each time there is a violation it is a separate offense. In response to a question from Commissioner Southall, Mr. O’Neill stated he would try to have an update on the Rental Inspection Program presented at the next meeting by Property Maintenance Division Manager Phil Russell and Deputy Director of Community Development Steve Shapiro. There being no further business, the meeting was adjourned at 3:28 p.m. PC Worksession 20141002 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, OCTOBER 2, 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 Tommy Southall, Gregory Williams, Carlton Campbell, Vice-Chair Andre McCloud, Teresa Schmidt, and Chairman Gaynette LaRue were present. Commissioner Mary Bunting arrived at 3:53 p.m. Chairman LaRue welcomed Councilwoman Teresa Schmidt as the newest member of the Planning Commission. Secretary to the Commission Terry O’Neill welcomed Councilwoman Teresa Schmidt to the Planning Commission on behalf of staff and also thanked Councilwoman Chris Snead, who previously served in this capacity, for her time and service. ITEM III. MINUTES A motion was made by Commissioner Carlton Campbell, seconded by Commissioner Gregory Williams, to approve the minutes of the September 4, 2014 work session and Planning Commission meeting as corrected. 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. STAFF REPORTS A. HOTEL INSPECTION PROGRAM – WANDA ROGERS, DIRECTOR OF HUMAN SERVICES Mr. O’Neill stated the Commission asked staff to consult with Wanda Rogers, the Director of Human Services and have her share with the Commissioners the services she and her department provide to individuals and families who may find themselves in tough circumstances as the policies of the Hotel Inspection Ordinance and other regulatory ordinances are implemented. Ms. Rogers stated she would share the Department of Human Services’ (hereinafter referred to as “Human Services”) approach to the Hotel/Motel Planning Commission20141002 Page 1 Ordinance and the Hotel Inspection Program. Human Services has been a continuous part of the conversation because of the housing services they provide. Human Services is the recipient of Federal funding from the Department of Housing and Urban Development and State funds from the Virginia Department of Housing and Community Development. One of the ways they have been able to use those funds is to address the needs of people who had made hotels their permanent homes which was never to have been the intent of how a hotel should be used. Options available to occupants in hotels start with a screening process intended to determine from which fund of money the citizen may be eligible to receive assistance. An assessment is made of the circumstances of the citizen who is in need of housing assistance. At this point the process is designed to try and prevent someone from becoming homeless or having to be in a hotel for a long period of time. Rapid Re-Housing is a program that provides services through the housing program and is available to anyone in the Greater Peninsula area (Hampton, Newport News, James City County, Williamsburg, York, and Poquoson) and uses the same strategies as applied to assist those individuals who were living in hotels or who are finding it difficult to keep up with utility payments, deposits, or run out of money and are in need of further assistance. This is an effort to rapidly re-house these individuals so they do not once again become a part of the homeless population. Human Services has accepted the challenge to eradicate homelessness in the community and are working aggressively one individual and one family at a time to make sure that happens. Sometimes issues arise where a landlord does not feel they can offer housing to an individual. Human Services will intervene and assist by working with the landlord and assist the individual. Good relationships have been developed with landlords in the community over the years and Human Services has a good knowledge of the housing stock and properties to which they may be able to refer their customers. The following are some of the numbers on individuals whom Human Services were contacted about because of the Hotel/Motel Ordinance and to help move these individuals out of hotels/motels: • Number of applications (extension request) received – 94 • Pending applications – 1 • Moved – 23 • No assistance, DNQ (Do Not Qualify), had arrangements (friends, family, moved out of state) – 39 • People helped with credit issues (referrals made to landlord) – 5 • Screenings in process – 6 • Denials – 20 o Individual refused to move and refused services o Refusals are documented and hotel is notified Planning Commission20141002 Page 2  In response to a question from Commissioner Williams, Ms. Rogers explained the 20 people denied help were individuals and not families. Human Services was able to help all of the families who needed assistance. Ms. Rogers stated the next steps are to perform monthly check-ins with the hotels. A form has been developed for those individuals who seem to have no other housing options so they can be referred to Human Services. Human Services continues to work with families in hotels and continues to obtain information on children being picked up and dropped off at hotels. An ongoing outreach for assessment and planning for permanent housing options is a continuing process by Human Services. In response to a question from Commissioner Williams, Ms. Rogers stated she does not have exact numbers on the total number of individuals or families living in hotels at any one time and there is a difference between homelessness and those individuals who temporarily live in hotels. In response to a question from Vice-Chairmen McCloud, Ms. Rogers stated it is important that Human Services continues to work with the schools regarding children who are being transported to and from hotels. In response to a question from Commissioner Schmidt, Ms. Rogers explained that Human Services continues to work with those individuals who refuse help and if their stay is longer than the 30 days allowed it gives Human Services another opportunity to work with those individuals. The process does not stop and extensions can be given if individuals are working with Human Services. Commissioner Bunting stated in some circumstances people indicated they did not want to move. At the end of the 30 day time period it becomes the responsibility of the hotel owner to have occupant(s) leave the property and the hotel owners have been working with staff on this. The goal is to assist those who have nowhere else to go versus making a life choice decision. Using the hotels as an apartment complex is a de-facto rezoning of a hotel into an apartment building, and that is not supported in land use decision making. The 30 day rule is needed to move people along. The exemption program is in place to help those who do not know where to go. If one has the resources and ability to move, the hotel becomes responsible to have them leave at the end of 30 days. In response to questions from Vice-Chair McCloud and Commissioner Campbell regarding the 30 day rule, Senior Deputy City Attorney Lesa Yeatts stated one can stay at a hotel in the city for up to 30 days in a 180 day period and then come back and stay again for another 30 days in another 180 day period. One cannot go from hotel to hotel. Commissioner Bunting stated there are exemptions written into the ordinance for legitimate, long-term stays such as a fire or flood, corporate work orders, or medical reasons. These exemptions for are kept on file by the Zoning Administrator. Planning Commission20141002 Page 3  Ms. Yeatts stated there are extended stay hotels in the city that are properly zoned which allow longer stays. The Police Division keeps track of these stays by checking hotel registers and they keep track of who has been in what hotel and their length of stay. In response to questions from Commissioner Campbell, , Ms. Rogers stated when a 30 day period has lapsed, the hotel will inform Human Services; Human Services can reconnect with those who may have previously denied accepting service and now need help. Human Services currently has a small staff, but the lead person is required to perform monthly visits. As in the case of the relocation of citizens from Lincoln Park, Human Services has partnered with Section 8 to help in their relocation; Rapid Re-Housing and money from the “prevention pot” can be used for this relocation. Anyone with a housing need can come to the table of Human Services to have their needs assessed. In response to a question from Vice-Chair McCloud, Ms. Rogers stated those not eligible for Section 8 will be assessed for availability to other monies. The goal is to move people into housing so they can be self sustainable after their initial funds are expended. Commissioner Bunting stated the larger question Commissioner McCloud raised was about housing policies adopted and put in place a year ago. Those policies are still in place. Hampton has more than its fair share of low income and affordable housing. Although Hampton is glad to have a continuum of housing price points in the community which help to make Hampton the great diverse community it is, it is also understood at a Council and Planning Commission level that Hampton should not have disproportionately more than its share. This is a regional issue and everyone has to do their part. A barometer type limitation was put in place to suggest when more Section 8 funding would be asked for. Hampton is not asking for more Section 8 funding until the percentages are more in alignment with what can be expected as a regional fair share. Hampton supports what it has and Human Services has creative ways to deal with those who may not be able to get on Section 8 because more Section 8 certificates are not being asked for. The barometer is in place and the housing stock is reviewed each year to see where Hampton should be. Tax supported low-income housing is also in place. Commissioner Bunting stated the hotel owners have worked with the City to develop information so when people check in they are given the information on the front end of their stay. If they have plans that involve an extended stay, extensions may be applied for. Rejection of services is not to be a way to bypass what has been put in place to protect land use. In response to a question from Commissioner Williams, Ms. Rogers stated the Department of Social Services is under the larger umbrella of Human Services and they are made aware through child protective services and other venues if children are involved. Every complaint is addressed when the safety of children is involved. Planning Commission20141002 Page 4  In response to a question from Chairman LaRue, Ms. Rogers stated it is hard to determine the true number of homeless persons in the community. One of the things Human Services looks at is the number of people who show up when a Night’s Welcome is operating (30 – 50 individuals). The annual “time in point” count comes from locations known by Human Services and by what they are told through connected programs that operate to serve the homeless population. In response to a question from Chairman LaRue, Ms. Yeatts replied the enforcement of hotel stays is done by the Police Division with monthly visits to each hotel in the city. Registers are checked and the Police monitor the length of stay. There has been extensive outreach with the hotel managers to inform guests about the rules regarding the length of stay. Only a few incidences have had to be addressed. Chairman LaRue thanked Ms. Rogers for her report on this important issue. ITEM V. PUBLIC HEARING ITEMS: Mr. O’Neill read the public hearing items advertised in the Daily Press on September 18 and September 25, 2014. A. Rezoning Application No. 14-00004: by Mawusi Scott Properties II, LLC to rezone + 4.606 acres at 3217 Commander Shepard Boulevard (LRSN 6000976) and (LRSN 6000977) in the Langley Research and Development Park from Limited Manufacturing (M-1) District to Limited Commercial (C-2) District with proffers, to facilitate the development of a day care, greenhouse, and a second-hand store. Approval of this application would permit a day care establishment for children, a greenhouse for growing fruits, vegetables, and plants, and a second-hand store. This application accompanies Use Permit Application No. 14-00016 for Day Care 3, where the applicant is requesting permission to operate a day care for a maximum of 100 children, ages 0 months to 12 years old. The Hampton Community Plan (2006, as amended) recommends business/industrial for this area. Mr. O’Neill stated, upon the applicant’s request, it has been requested to have this case deferred to the November Planning Commission meeting. Staff recommends accepting the request for deferral of Rezoning Application No. 14-00004 to the November Planning Commission meeting. A motion was made by Vice-Chair Andre McCloud, seconded by Commissioner Carlton Campbell, to defer Rezoning Application No. 14-00004 until the November 6, 2014 Planning Commission meeting. A roll call vote on the motion resulted as follows: AYES: Southall, Williams, Campbell, McCloud, Schmidt, Bunting. LaRue NAYS: None Planning Commission20141002 Page 5  ABST: None ABSENT: None B. Use Permit Application No. 14-00016: by Mawusi Scott Properties II, LLC to operate a Day Care 3 in an existing building at 3217 Commander Shepard Boulevard (LRSN 6000976) in the Langley Research and Development Park. The applicant is requesting permission to operate the day care for up to 100 children, ages 0 months to 12 years old. The property is currently zoned Limited Manufacturing (M-1) District, which does not permit a Day Care 3. This application accompanies Rezoning Application No. 14-00016 to rezone the property listed above as well as an adjacent property, LRSN 6000977, from Limited Manufacturing (M-1) District to Limited Commercial (C-2) District with proffers, which if approved, would permit a Day Care 3 subject to approval of a use permit. The Hampton Community Plan (2006, as amended) recommends business/industrial for this area. Mr. O’Neill stated, upon the applicant’s request, it has been requested to have this case deferred to the November Planning Commission meeting. Staff recommends accepting the request for deferral of Use Permit Application No. 14-00016 to the November Planning Commission meeting. A motion was made by Commissioner Carlton Campbell, seconded by Commissioner Gregory Williams, to defer Use Permit Application No. 14-00016 until the November 6, 2014 Planning Commission meeting. A roll call vote on the motion resulted as follows: AYES: Southall, Williams, Campbell, McCloud, Schmidt, Bunting, LaRue NAYS: None ABST: None ABSENT: None C. Use Permit Application No. 14-00017: by Theresa Sears for Live Entertainment 2 inside Stillwater Tavern restaurant and bar at 555 Settlers Landing Road, Suite O-P [LRSN 2002950] in Downtown. The property is zoned Special Public Interest – Old Hampton Business (SPI-OHB) District, which permits live entertainment in association with a restaurant subject to securing a use permit. The Hampton Community Plan (2006, as amended) recommends mixed use for this site. City Planner Alison Alexander presented Use Permit Application No. 14-00017 by Theresa Sears for Live Entertainment 2 inside Stillwater Tavern restaurant and bar at 555 Settlers Landing Road, Suite O-P [LRSN 2002950] in Downtown Hampton. The operator has been running this restaurant for approximately 1½ years and would like to add live entertainment in order to enhance her business. The property is zoned Special Public Interest – Old Hampton Business (SPI-OHB) District, which permits live entertainment in association with a restaurant subject to securing a use permit. Planning Commission20141002 Page 6  There are several policies that serve as a guide when reviewing such proposals. The Hampton Community Plan (2006, as amended), recommends mixed use in this area, and policies from the Plan call for nurturing small and startup businesses and expanding tourism and entertainment opportunities within the city. The addition of live entertainment at Stillwater Tavern is consistent with these policies. This business is a compatible use and is located within one of the downtown parking garages along with other retail businesses. There are other businesses in the area that have live entertainment. There are twelve conditions attached to this use permit. Some of these are location; hours of operation (11:00 AM to 12:00 AM Sunday through Thursday and 11:00 AM until 2:00 AM Friday and Saturday); sound; prohibition of third party promoters; and term of permit which allows a review in one year. A community meeting was held on September 26, 2014 and no one from the public was in attendance. Staff recommends approval of Use Permit 14-00017 with 12 conditions. The applicant was not present. In response to a question from Commissioner Campbell, Ms. Alexander stated condition No. 6 deals with staffing which is a standard condition for live entertainment. In response a question from Vice-Chair McCloud, Mr. O’Neill stated there is no requirement for an applicant to be present at a Commission meeting; however, scheduling the request to Council could depend on the Commission’s recommendation and a request to defer could be made if Commissioner McCloud is uncomfortable going forward without the applicant being present. Assistant City Attorney Bonnie Brown stated there is no requirement in the Code for an applicant to come to the public hearing. The work has been done with the Planners to get the package in order. The applicant is not required to present their case. The Commission does have the ability to defer the application if there is some reason for concern. The Planners attend the meeting and they give the report. In response to Vice-Chair McCloud, Mr. O’Neill stated when an applicant is not present and the Commissioners have questions it could be considered a legitimate concern. Commissioner Williams stated he would not want an applicant penalized if they could not appear due to something beyond the applicant’s control. Staff does a good job explaining the cases and the Commissioners do have the option to defer. In response to a question from Commissioner Southall, Ms. Brown stated the application can be deferred if the Commission feels it is in the best interest of the public to do so. Planning Commission20141002 Page 7  In response to a question from Commissioner Schmidt, Ms. Alexander stated when she last spoke with the applicant her plan was to attend. Ms. Alexander stated she is not certain why the applicant was not present. The applicant has been operating this restaurant for the last 1½ years. There is a condition in place for review after operating the live entertainment for one year and there is also a revocation clause if there are any violations. The Commissioners further discussed whether or not to defer as there was a concern that it is in the best interest of an applicant to come to the hearing when their request is being heard. In response to a question from Commissioner Southall, Ms. Brown read from the Code that the Commission could defer upon a finding that there is public benefit to be gained by deferring the application. If some of the reasons expressed by the Commissioners and these reasons are articulated in the motion and it is found there is a public benefit to defer the application, the applicant would not be subject to an additional re-advertising fee as normally done when an applicant requests a deferral. The Commissioners have to make that finding in the motion. Commissioner Campbell stated it would have been good to hear from the applicant as to how she planned to address staffing and control of people outside of the facility. Commissioner Campbell stated he is comfortable with the conditions in place and if something negative happens the Use Permit could be revoked. Vice-Chair McCloud stated he does not like having a precedent set although the City Attorney’s office states an applicant does not have to be present. If there is no time restraint and the applicant would not be charged a fee, it is his belief the application should be deferred. There were no public speakers. Vice Chair McCloud made a motion to defer the Use Permit Application No. 14- 00017 to the next Planning Commission meeting; the motion died due to lack of a second. After discussion the Commission approved the following resolution: WHEREAS: the Hampton Planning Commission has before it this day a use permit application by Theresa Sears to permit live entertainment inside the Stillwater Tavern Bar and Grill at 555 Settlers Landing Road, Suite O-P (LRSN 2002950); WHEREAS: the Hampton Community Plan (2006, as amended) calls for the expansion of entertainment and cultural opportunities within the city and nurturing small and start-up businesses; Planning Commission20141002 Page 8  WHEREAS: the site is currently zoned Special Public Interest – Old Hampton Business (SPI-OHB) District, which permits live entertainment with an approved use permit; WHEREAS: twelve conditions are attached to address, among other things, the location of live entertainment, hours of operation, sound, capacity, safety, revocation, and term of permit review; and WHEREAS: no one from the public spoke in favor or opposition of this proposal. NOW, THEREFORE, on a motion by Commissioner Teresa Schmidt and seconded by Commissioner Gregory Williams, BE IT RESOLVED that the Hampton Planning Commission recommends to City Council approval of Use Permit Application No. 14-00017, subject to twelve (12) conditions. A roll call vote on the motion resulted as follows: AYES: Southall, Williams Campbell, Schmidt, Bunting, LaRue NAYS: McCloud ABST: None ABSENT: None ITEM VI. COMMUNITY DEVELOPMENT DIRECTOR’S REPORT A. Annual Report – Keith Cannady, Planning & Zoning Administration Division Planning & Zoning Administration Division Manager Keith Cannady presented the Planning and Zoning Administration Division’s Annual Report. Mr. Cannady stated it is good to pause and reflect on the previous fiscal year and what was completed, and to look ahead to see what is coming in this fiscal year. In the division’s staffing, a part-time position on the Planning side was lost and additional work was gained in support of the youth program. Work is also actively being done to fill a position for Planner. Jeff Conkle received a promotion and is now Deputy Zoning Administrator. Porter Stevens joined the staff as a Zoning Official. Mike Anaya is leaving the position of Environmental Planner, but the position is temporarily being filled by an internal promotion. A summary of the topics to be discussed are development activity statistics; highlights of things worked on in the update of the Zoning Ordinance; an amendment to the Community Plan; a number of implementation projects that the Planning Commission20141002 Page 9 department is involved in; and things expected to be coming up during this fiscal year. Concurrency between staff, the Planning Commission, and City Council was again at 100% for the year. Most things that occur in Hampton are new businesses and new by-right developments that go through a zoning review and a building permit/site plan review. A measure of activity can be shown through the permits that do not come before the Planning Commission or City Council for action. The division also staffs the Board of Zoning Appeals which hears variances, special exceptions, and appeals of the Zoning Administrator. There will be further discussion on how this relates to the activity the Planning Commission sees with respect to the changes in the Zoning Ordinance. The Wetlands Board is also staffed in the division and it reviews activities for permits and potential permits such as shoreline stabilization projects; new piers; and dredging activities. Some of the highlights of rezoning and use permit activities, and a good example of the challenge of redevelopment in Hampton in the past year, were a Rite Aid; Gloria Dei School; and the Kensington Townhomes that entailed changing property lines; ownership; and rezonings. This involved a lot of work with the developer and staff, along with community involvement. In this instance a private school was looking to improve their situation (physical layout) and a commercial developer was looking for a site for a new drug store. Another case was the expansion of an existing townhome development in a very well established area. It was an unusual situation given the configuration and location of the lot that included a lot of interest on the part of the neighborhood. This also represents the challenge of new development and redevelopment in a fully developed city. Communication towers are not normally highlighted but the Tide Mill Lane location of a tower was a more challenging location in the city. Several attempts had been made earlier to place this tower which is a vital utility and facility in a city. Another big activity area is keeping the Zoning Ordinance up-to-date. The world is changing and the ordinance needs to adapt. Variances brought to the Board of Zoning Appeals indicate the need for change in the Zoning Ordinance if a lot of variances are received on a particular activity. An example of a change in the ordinance came about because of a change in fast foods restaurants and their drive-through menu boards. Planning Commission20141002 Page 10  Retail development changes from year-to-year and that sometimes prompts changes in the Zoning Ordinance. In order to stay current, best practices are modeled by observing what happens in other communities and around the country and that may be representative of a change in the way businesses operate. Breweries have gotten smaller and have taken on different activities. When interest was shown in micro-breweries the Zoning Ordinance Advisory Committee and others looked into the subject and brought forward an amendment on micro-breweries. One of the most exciting and significant things this past year was the creation of a Use Table in the Zoning Ordinance. The Use Table makes the ordinance easier to read and understand. Conditional Privileges were combined with Use Permits which also simplifies things and make things easier for customers to understand. Changes in the ordinance are also prompted by changes in State Code requirements. In the Best Practices area was the implementation of changes and updates to the Board of Zoning Appeals process. Examples of work and practices of the Planning Commission were used in changing how the BZA operates. The planning process involved Implementation and amendments of the Hampton Community Plan. One amendment brought before the Commission was related to the Safe and Clean Initiative which was promoted by City Council. Policies with respect to publicly assisted housing were expanded and ways were looked at to strengthen the desire for Hampton to be part of a regional fair share approach to housing and not be one of the communities that takes on a heavier burden with respect to providing publicly assisted housing. It has also been recognized that there are problems that come about both for the residents and neighbors of low income and publicly assisted housing when there are very large developments. A lot has been learned about providing this type of housing in mixed income communities and policies are being steered in that direction. Implementing projects in Master Plan areas is exciting. One of the most visible and broad in scale in the Coliseum Central Master Plan is the Newmarket Creek Park and Trail that goes from the Air Power Park to the Power Plant. This effort is actively being supported. The Downtown Hampton Master Plan has projects coming up that include the construction of the new Circuit Courthouse. Planning Commission20141002 Page 11  A code change proposal that should soon go to City Council involves the development of an Arts and Cultural District for the City of Hampton. This effort is currently being wrapped up. This would include downtown, Hampton University, and the Phoebus community. A lot is going on in Phoebus which includes a zoning proposal for Phoebus that should be brought back to the Commission in the next few months. The main objective is to recognize the value of the old historic main street character that Phoebus has and amend the Zoning Ordinance to protect that area and encourage new development to fit in. The work in the Buckroe Master Plan deals primarily in the area of new residential development. The department is also working in partnership with the Housing Authority to develop new housing on publicly owned property with the layout of new lots and streets. The big news on the North King Street Master Plan is the remarkable transition of the street itself which includes serving not only cars but bicyclists and pedestrians. The Kecoughtan Road Corridor Master Plan area offers another opportunity for a new housing development. Planning is working in cooperation with the Housing Authority to bring forward a proposal with a private developer to submit some proposals for new development in that part of the city. In 2010 there was a planning effort to look at land use compatibility and to maintain the function, mission, and economic impact of Langley Air Force Base in our area. A significant Zoning Ordinance amendment was adopted at that time. It was determined in the planning process that there was no zoning solution that would increase compatibility in the clear zone area. It was recommended that public ownership was the only way to create compatibility in that area. Thanks to a partnership with the Commonwealth of Virginia, properties at the end of the runway are being actively purchased. About $6 million dollars have been spent up to this point and additional funds have been awarded by the General Assembly in their most recent session. With City funds, there are about another $2.5 million dollars to go toward the purchase of property in the Clear Zone. This is an example of a Planning recommendation that is moving forward with real results in the community. The Armistead Pointe Park area has involved a lot of planning. Some of the recommendations from that effort are to continue the support of existing and future operations associated with Boo Williams Sportsplex as well as make Planning Commission20141002 Page 12 recommendations to continue the active and passive recreational activities on the site. The real news from that planning process had to do with sports tourism venues in the city as a whole. Work continues in looking at the Coliseum Central area for an aquatics facility. The BMX facility is another facility to pursue, enhance, and expand in order to make it more popular. Time was spent in the past year on Hampton Roads vulnerability to sea level rise which will be discussed in the next presentation. The Placemaking Awards recognize the good things that are going on every year. Staff revised the program which recognizes what is happening with new construction and rehabilitating existing buildings within the city during this last year. The upcoming year will see more work on the Zoning Ordinance and part of that is to focus on the areas that are dominated primarily by commercial uses where land use needs are often changing. Included will be the Phoebus Commercial District, the Coliseum Central District, and the Downtown Hampton District. New cell communications technology may suggest changes to the Zoning Ordinance. Similar to the Use Table, there are some things in the Zoning Ordinance that can be reorganized to make things easier to understand and administer. In looking ahead, City staff on the Planning side is actively engaged with looking at Zoning and Community Plan amendments for the Fort Monroe property in Hampton. The Coliseum Central Master Plan Update has been funded. The Arts and Cultural District will be wrapped up this year. Work will continue with Public Works and other agencies on capital improvement projects in Master Plan areas. The Joint Land Use Study will continue with the new funding from the General Assembly. Commissioner Williams commended Mr. Cannady on his great presentation. In response to a question from Commissioner Williams, Mr. Cannady stated he had expanded his presentation coverage this year to include all activities the division is involved in. In response to questions from Commissioner Campbell, Mr. Cannady stated the time period covered the fiscal year from July 1 to June 30. As far as the cell tower information, Mr. Cannady stated we had been invited to meet with a company to hear about a new technology that involves a different way to transmit Planning Commission20141002 Page 13 their signal. The anticipation of the new boxes coming up in the localities gives us a heads up to evaluate and determine whether any changes need to be proposed to the ordinance. The cell tower on Tide Mill Lane has been moving forward, but Mr. Cannady stated he is not certain what the time line is. Deputy Zoning Administrator Jeff Conkle stated the site plan was recently approved and the building plans are under review. In response to a question from Commissioner Campbell, Mr. O’Neill stated there are still a few people who need to be relocated from Lincoln Park. Time is getting close to having everyone relocated and once that is complete the demolition will begin. At some point in the not too distant future the City will probably want to incorporate the new plan for Lincoln Park into a plan amendment to recognize the new development. Mr. O’Neill stated he would contact Ron Jackson, Executive Director of the Housing Authority, and see if he can provide a schedule. In response to a question from Commissioner Campbell, Mr. O’Neill stated the summer of 2015 is when the new Courthouse is supposed to be finished. Commissioner Campbell expressed his excitement with what will happen in the Coliseum Central area and thinks it will do wonders for the area if other sports activities can be brought in. In response to Commissioner Williams’ remark on the cell tower boxes, Mr. Cannady replied that it is his understanding that the boxes will work to fill in dead spots with the cell towers, but will not replace the cell towers. Assistant City Attorney Brown stated it was mentioned by one company that the estimate is that there are only two or three years left to get new tower locations and after that the focus will be on the supplemental boxes that take hundreds of people off the main network. Vice-Chair McCloud stated this was a great annual report. It is a reflection on what the Planning Division, Community Development, and Mr. O’Neill continues to do under the leadership of the City Manager. Commissioner Southall stated the annual report reaffirms the great job the staffs of the Community Development and the City Attorney’s Office are doing. The work they do day in and day out is appreciated. Planning Commission20141002 Page 14  Commissioner Campbell stated there was a bus tour to certain areas last year and questioned the possibility to do that again in some of the up-and-coming areas reported on today. The experience was eye opening for him and he believes it would be a good opportunity for those who may be interested so they can understand some of the areas being developed and the thought processes behind them. Mr. O’Neill stated a bus tour is something they could certainly try to do. He and Mr. Cannady, along with the Commissioners, could explore on a special meeting day what might be of interest to the Commissioners. In response to a question from Chairman LaRue about the establishment of an historic district, Mr. Cannady replied a lot of conversation about zoning occurred during Phoebus plan update process including the possibility of a local historic overlay. The consensus was that the community did not want a local historic district overlay but that the current zoning of C-2 (General Commercial District) was not working for them. Staff has worked on something that would achieve the objectives of recognizing and trying to protect the form of the buildings. This could be something as simple as buildings that could come up to the property line or to allow parking in the rear. Essentially what will be proposed to the Commission and what has been developed in working with the Phoebus Partnership, the business and property owners will be to prevent inappropriate infill and protect the investment of the existing, restored older buildings, but stop short of an historic district overlay. It will not go as far as creating an historic district overlay under the State Code section, but it will go a long way to put a better zoning fit for the type of buildings that are there. The existing owners are afraid of what could happen under the current zoning with a new building on an infill site. An example was the proposed Dollar Store. In response to a question from Chairman LaRue, Mr. Cannady stated this will not be an historic district but closer to form-based zoning that doesn’t just look at the use of the building but the form and location of the building. Buckroe was the first area of the City to be studied like this. Staff is looking to doing something in the Zoning Ordinance like the Buckroe Pattern Book to create an incentive to meet this level of design and possibly increase the density. Staff is also looking to use this technique in the Coliseum Central area. Chairman LaRue stated she has received many emails regarding infill lots and establishing design standards. Planning Commission20141002 Page 15  Chairman LaRue stated she does not believe there has been a report with this level of detail. C. Youth Planner Presentation Senior Youth Planner Michael York presented the Youth Planner Report. The Hampton Youth Commission (HYC) recently began their year with their first meeting on Monday, September 8th. The Commissioners discussed and identified actions to address the issues that affect youth. The issues of public safety, transportation, and education were identified at their last retreat. On September 15th, the HYC participated in an activity called “Shark Tank.” The Shark Tank activity takes the concept of the TV show, which involves an inventor or creator of a concept coming before a group of wealthy investors to pitch their idea and possibly get an investment. The creator has to explain their product and then ask for an investment from the investors. The investors then have the option to counter the offer with one of their own, or to simply turn down the idea altogether. The HYC used their “realistic/feasible” ideas from the previous meeting as a baseline to expand off of for the planning portion of the activity. The ideas were broken up into the retreat- established areas of focus (Education, Transportation, and Public Safety). Afterward, the Commission divided into small groups and took on one idea per group in order to expand the idea and develop a budget to follow. Next, the Commissioners designed a promotional visual or advertisement for their projects. Then, they orchestrated short skits that were meant to demonstrate the impact of their project. Finally, the groups presented to the rest of their peers. This was then applied to City Council where the Commissioners were given an imaginary $20,000 each to invest in the project (education, transportation, and public safety) of another group and developed budget goals for their projects. Some groups met their budget goals, others did not. The purpose of this was to teach the Commissioners the process of identifying issues, developing solutions, proposing ideas, and making decisions with limited resources. This taught them how to go about asking for City Council support. On September 22nd the HYC was trained as Stakeholders and used their Shark Tank projects as the basis of acting out what it would be like to be a stakeholder. In response to a question from Commissioner Campbell, Mr. York stated the Commissioners reviewed the other groups as each group did their presentation. B. Sea Level Rise – Matt Smith, City Planner, Planning & Zoning Administration Division City Planner, Matt Smith, explained that this presentation is in response to some questions the Commissioners have expressed and the attention the subject Planning Commission20141002 Page 16 has received in the region. Staff felt it would be of value to present an overview on some of the issues surrounding sea level rise. Mr. Smith stated he would start with the basic questions and the first one is “is sea level rising?” The scientific consensus is that it is rising by ½ foot globally per century. In Hampton Roads sea level is rising 1.5 feet per century and this is the highest rate on the Atlantic Coast. Observations have found that sea level is rising about four milliliters per year which translates to the 1.5 feet. Sea level rise (SLR) depends of two primary factors which are ocean water volume and relative elevation of land. As the atmosphere warms and the water warms with it, it expands. There is also transfer of water from land to ocean when glaciers and ice sheets melt. In Hampton Roads land is subsiding (sinking) which is primarily caused by ground water withdrawal and residual effects of the last ice age. VIMS (Virginia Institute of Marine Science) and the Army Corps of Engineers have found that the subsidence is causing half of the sea level rise in Hampton Roads. The conclusion was drawn from the information given by many scientific groups. The International Panel on Climate Change has found that it is a virtual certainty that sea level will continue to rise during the 21st century; SLR will very likely exceed the historic rate; and estimates indicate SLR in Hampton Roads could reach ~2.5 feet by 2060. In 2012 The National Climate Assessment and VIMS developed a set of scenarios that go from the historic rate to the highest level of sea level rise that takes in ocean warming and an extreme about of ice melt. VIMS took the rate of subsidence and applied it to the scenarios which is geared and focused on Southeast Virginia. There is high confidence that SLR by 2100 could be between 1.5 feet to 7.5 feet. In going further the scientists from VIMS have identified the “Business as Usual” scenario and, if no major global actions are taken to address carbon emissions and climate change, this would be seen as the most likely scenario. Scenarios are valuable for planning services. For instance, if there is a park next to a river that might be vulnerable to flooding and sea level rise, that park might be able to tolerate a lot of risk and one might only need to plan for a low level of sea level rise because it can be inundated. On the other hand there might be an important piece of critical infrastructure which cannot tolerate risk so it might be appropriate to plan for a higher scenario. The map from the National Climate Assessment shows Hampton Roads in relation to the rest of the Southeast Coast and shows Hampton Roads to be one of the most vulnerable areas along with New Orleans and Miami. The Hampton Roads Planning Commission20141002 Page 17 Planning District Commission has been one of the organizations leading some of the investigation into sea level rise. It has mapped sea level rise to the scenarios shown previously to show from the low to higher rate which areas will be inundated. While Hampton is affected, it is in the same situation as other communities in Hampton Roads that will have to address the issue. The VIMS 2100 “Business as Usual” Sea Level Rise Scenario map shows where Hampton might be affected with a 5.5 foot sea level rise in 2100. There is a lot of uncertainty as to if this will happen or to what extent it will happen, but a good picture is given as to what areas of Hampton could be most affected by the rising sea level. In response to a question from Chairman LaRue, the areas on the map in the blue/grey are what would be inundated with the sea level rise. The systems that might be affected for Hampton by a rise in sea level are the economy; transportation network; areas of recreation; critical infrastructure; where people decide to live; some of the important Federal facilities; and how emergencies are dealt with. It is a comprehensive problem that will take comprehensive solutions and no one has all the answers. The regional response to the issue has been proactive and positive. The Planning District Commission has been leading a lot of the work. They have done some studies and have worked to gather others together to discuss the topic. Also fortunate is that there are some universities that have donated significant resources to the issue. Old Dominion has an institute that looks into climate change and sea level rise and they have been partnering with the Planning District Commission to hold a series of adaptation forums that bring the expertise of people from local governments, Federal organizations, and the Military together. Staff has been participating. VIMS has also devoted a lot of their scientific ability to looking at the issue. From a legal perspective, William and Mary’s Costal Policy Clinic has done research and held sessions about the legal issues surrounding sea level rise. We are fortunate to have some major Federal partners looking into this; scientists from NOAA and NASA. The Navy is also interested in the topic as it affects their core operations. NOAA recently provided training to local staff about climate change adaptation. Sea level rise has also been addressed at the State level. VIMS presented a report last year which was issued to the Governor and General Assembly entitled “Recurrent Flooding Study for Tidewater Virginia (SJR 75, 2012). Two takeaways from that document at the most basic level were that the recurrent flooding is a Planning Commission20141002 Page 18 significant and worsening issue and Virginia and coastal localities should begin planning efforts. In looking at response options it is helpful to categorize them. The first category is what the staff and Planning Commission deal with. Planning and Regulatory Tools • Comprehensive Plan – communities can use their comprehensive plan to implement policies that may address flooding and sea level rise • Zoning Ordinance – ordinance recently adopted to increase the freeboard through the flood zone districts • Subdivision Ordinance • Building Code Spending Tools • Capital Improvement Program – the Public Works Department has capital projects that address water management and flooding • Acquisition/Elevation Program- through FEMA grants the Department of Emergency Management has been working to elevate some homes that are repetitive and severely damaged • Conservation Easements Tax and Market-Based Tools • Insurance Rates – these will play a large role and people are beginning to make decisions about where they will live based on flood insurance rates • Tax Incentive Programs • Real Estate Disclosures Responses for certain goals can also be grouped. Any comprehensive plan should incorporate all of these goals. Protection • Prioritizes protecting people, property, and infrastructure typically through hardened structures Accommodation • Conditions development in vulnerable areas to be more resilient to SLR impacts – the flood zone amendment is a good example of this sort of accommodation to changing circumstances Planning Commission20141002 Page 19 Retreat/Preservation • Discourages development in threatened areas • Plans for relocation of some structures • Preserves natural lands Hampton is not new to flooding and it has been addressed through the history of the City. A few years ago citizens developed the Hampton Comprehensive Waterways Management Plan. One of the areas of focus was tidal flooding. It issued some policy and investment recommendations, some of which have been acted on at this point. One was the freeboard change. Another was to acquire LIDAR data which gives more accurate data of elevations in the City. One of the final and most recently implemented recommendations was that the Public Works Department put together a Tidal Floodplain Study and Protection Plan. This had a couple of components, some of it geared toward citizens and helping them understand what the impacts of flooding would be and what roads might be under water. It also involves a tool that soon will be able to be accessed on the City’s GIS system where one can turn on layers that show increments of one foot to 10 feet of sea level rise. Properties that would potentially be inundated would show up on that map. This is also a good planning tool. Recommendations have also been made about specific mitigation projects. Public Works and Community Development have been working on to address the following: • Buckroe Beach Nourishment • Pump Station Resiliency Study • New Market Creek Study • Shoreline Protection Projects • Watershed Studies • CRS Participant • Flood Zone Amendments In response to a question from Commissioner Williams, Mr. Smith stated the tool to view the layers on the GIS map is only available on the internal GIS site. After fully testing this tool it will then be available to the public. He stated he does not know what the timetable for that will be. Planning Commission20141002 Page 20  Mr. O’Neill stated that there will be a public outreach opportunity sometime in November for the public. City staff, members from FEMA, along with other agencies, will be here. Invitations and notices will be sent out to the public. Because of all the changes happening that affect insurance policies people will be in attendance and available to speak with the citizens about programs or regulatory items (freeboard requirements, flood maps, insurance policies). Mr. Smith stated that the City is under the National Flood Insurance Program (NFIP) and the City is involved with the Community Rating System (CRS). The CRS means the City goes above and beyond the minimum requirements of flood insurance programs. FEMA is in the process of issuing the City of Hampton new flood maps so the outreach program is related to the new flood maps. This will allow the citizens to see how their properties are affected. Chairman LaRue stated that the more things the City puts in place to address these issues, the lower the premium costs on flood insurance will be as that is all set by the Federal government. A lot of this is based on what communities are doing. Mr. Smith stated the citizens currently get a 10% reduction on premiums through the Community Rating System (CRS). In response to a question from Commissioner Schmidt, Mr. Smith stated FEMA is the only program of which he is aware that helps with home elevation and they are constrained by money. A property owner can elevate their residence on their own if they want. He stated he is not aware of any other mitigation projects that might affect people’s properties other than broad scale things such as beach nourishment that may affect properties in Buckroe or another watershed project, such as consideration for a tide gate at Newmarket Creek that would benefit properties. In response to Commissioner Schmidt asking if a pumping station or holding tank could help until flood waters recede so it did not go into people’s homes, Mr. Smith stated he had asked the City’s Water Resource Engineer to be present, but Gayle Hicks could not attend. She could probably speak better to this project than he. Commissioner Campbell stated this serves as a reminder that shoreline erosion does occur as reported in the program given previously to the Commission by Donna Millican from VIMS. Mr. Smith stated the slides shown do show what has happened and that there will be some level of sea level rise. Commissioner Williams stated this seems to be more than a Southeast Virginia program and there should be a more coordinated effort and more comprehensive Planning Commission20141002 Page 21 plan developed among all the affected areas. Their resources and talents should be pooled together. Mr. Smith stated he believes some of this is happening and the Federal organizations that have the technical ability are starting to work together, pool their skills, and provide the localities with their knowledge. No city will be able to fund this on its own. Mr. O’Neill stated localities are doing a lot of good things around this, but much of this challenge is on a regional, national, and state scale. Hampton cannot build a wall around itself and keep out floodwaters. Whatever strategy there is needs to be effective across Virginia and the East Coast. We are a long way from figuring out how to deal with this on the big scale. Many people more knowledgeable about this are beginning to argue that the United States needs a national policy like the Netherlands has around water resources. The Netherlands is a country that has had water issues for most of its history and they are dealing with it. The United States at this time does not. There is a need for regional and national support and not just at the local level. Mr. Smith stated that work is being done through the Planning District Commission to hold a “Dutch Dialogue”. They are working with representatives from the Dutch Embassy to bring experts from the Netherlands to Hampton Roads to talk with stakeholders about sea level rise. Virginia Beach, Norfolk, and the City of Hampton are involved in that process. Gayle Hicks, the City’s Water Resource Engineer has been the lead on that. It is interesting that we are trying to mine international ability to address our problem here. Chairman LaRue stated Old Dominion University has taken a lead position on this issue. One of ODU’s professors has done a lot of research on this. Senator Kane has also hosted a large public forum at ODU on this issue that included military people. This area is high on the Federal radar due to all the military institutions in this area. Sea level rise is on everyone’s radar. She stated she is looking forward to more updates. Mr. Smith stated there would be more updates. As far as the Federal facilities, the Navy in particular is interested in this, not just because of their installations, but they are also interested in the communities that surround their base due to their people, supplies, and electricity all come from outside the base. The Navy’s resources trickle out into the neighborhood. ITEM VII. ITEMS BY THE PUBLIC There were no items presented by the public. ITEM VIII. MATTERS BY THE COMMISSION There were no items by the Commission. Planning Commission20141002 Page 22 ITEM IX. ADJOURNMENT There being no further business, the meeting adjourned at 5:44 p.m. Respectfully submitted, ___________________________________ Terry O’Neill Secretary to the Commission APPROVED BY: ____________________________________ Gaynette LaRue Chairman Planning Commission20141002 Page 23