Planning Commission Agendas & Minutes

AT THE WORK SESSION OF THE HAMPTON PLANNING COMMISSION HELD IN THE LAWSON CONFERENCE ROOM, 8TH FLOOR, CITY HALL, HAMPTON, VIRGINIA, ON THURSDAY, NOVEMBER 6, 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 arrived at 3:43 pm. In response to a question from Commissioner Southall, Deputy Director of Community Development Steve Shapiro stated that a Day Care 3 is allowed in an M-1 zone if it is an accessory use of the business. In response to a question from Commissioner Campbell, City Planner Tolu Ibikunle stated the Langley Research and Development Park Business Association met with the applicant to hear the applicant’s proposal, but the Association does not support the request because it wants to make certain that parcels are not spot-zoned and the Park remains a business park. Allowing this request would set a precedent as the request does not fit the vision for the business park. Commissioner Williams stated it is his belief that the business does not fit in with what is currently there. In response to a question from Commissioner Campbell, Ms. Ibikunle stated although there was a public meeting, the applicant met with the Association as the Association was opposed to rezoning the property to allow the second hand store (retail). Day care is permitted in an M-1 District if it is an accessory use to the main business. This was an informational meeting. In response to a question from Commissioner Williams, Ms. Ibikunle stated the reason for the list of uses is that the applicant wanted to list uses that might possibly come up in the future. The notification time for the community meeting was short. In response to a question from Chairman LaRue, Assistant City Attorney Bonnie Brown stated if the Commissioners decided to support one portion of the rezoning request the applicant would have to modify their proffered conditions. The Commissioners will have to act on what is asked for in this request. Director of Community Development Terry O’Neill stated the Industrial Park was initially purchased by the former Regional Redevelopment & Housing Authority and reserved for the purpose to have land near NASA for research and industrial purposes. City Councilwoman Chris Snead stopped by the meeting to the let the Commissioners know how much she enjoyed working with them and staff and that she had learned a lot about land use during this time. PCWorksession20141106 Page 1  Sunshine Torrey, Office of Budget and Management, gave a brief presentation on the Capital Improvements Plan (CIP) with a tentative schedule for the community outreach schedule and the community forums. So far their office has met with five groups. At this point their work is focused on feedback and any questions they might get. The plans are to finish in December. The tentative date for the Community Forum is December 2, 2014 at Kecoughtan High School. January and February 2015 will be the schedule for plan review. Commissioner Mary Bunting stated the Community Forum is for citizen input prior to finalizing the CIP. In response to a question from Vice-Chair McCloud, Commissioner Bunting stated the community will be informed about the Community Forum through ads run, electronic messaging through the ENEWS systems, and social media. Commissioner Tommy Southall stated he had finished up his Planning Certification class this past week. He had also attended a planning conference in Henrico where a variety of sessions were offered. Another conference is being planned in Norfolk that will be held in July 2015. He took an interesting tour of Short Pump and was told when this mall came on line an additional $200 million was added to the tax base. Offering $700,000 condos located over retail shops, the area had originally been planned as an office park. Commissioner Southall stated the conference was very well attended. There being no further business, the meeting was adjourned at 3:29 p.m. PCWorksession20141106 Page 2 AT A PUBLIC HEARING AND REGULAR MEETING OF THE HAMPTON PLANNING COMMISSION HELD IN THE COUNCIL CHAMBERS, 8TH FLOOR, CITY HALL, HAMPTON, VIRGINIA, ON THURSDAY, NOVEMBER 6, 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. ITEM III. MINUTES A motion was made by Commissioner Andre McCloud, seconded by Commissioner Gregory Williams, to approve the minutes of the October 2, 2014 work session and Planning Commission meeting.. 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. PUBLIC HEARING ITEMS: Mr. O’Neill read the public hearing items advertised in the Daily Press on October 23, and October 30, 2014. The two cases are related items and will be presented in one public hearing with separate motions taken for each item. This will allow one staff report and one presentation by the applicant. 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) within the Langley Research and Development Park from Limited Manufacturing (M-1) District to Limited Commercial (C-2) District with proffers, to facilitate the operation of a day care, greenhouse, and a second-hand store. This property is also covered by the Air Installations Compatible Use Zone (AICUZ) 70 decibel noise contour. 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 Planning Commission20141106 Page 1  Hampton Community Plan (2006, as amended) recommends business/industrial for this area. This application was deferred for 30 days on request of the applicant. 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) within 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, Monday through Sunday from 5:30AM to 8:00PM. The property is currently zoned Limited Manufacturing (M- 1) District, which does not permit a Day Care 3. This property is also covered by the Air Installations Compatible Use Zone (AICUZ) 70 decibel noise contour. This application accompanies Rezoning Application No. 14-00004 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 this Use Permit. This application was deferred for 30 days on request of the applicant. The Hampton Community Plan (2006, as amended) recommends business/industrial for this area. City Planner Tolu Ibikunle presented Rezoning Application 14-00004 by Mawusi Scott Properties II, LLC from Limited Manufacturing (M-1) District to Limited Commercial (C-2) District (4.606± acres) with proffers, to facilitate the operation of a day care, greenhouse, and a second-hand store. If the rezoning is approved, in addition to the three uses, the following uses such as business/medical offices; restaurants/catering establishments; retail stores; and business and medical office would also be permitted at 3217 Commander Sheppard Boulevard (LRSNs 600976 and 600977) within the Langley Research and Development Park and Use Permit No. 14-00016 to request permission to operate the day care in the existing building for up to 100 children, ages 0 months to 12 years old with operating hours of 7 days a week from 5:30 a.m. to 8 p.m. The property is currently zoned Limited Manufacturing (M-1) District, which does not permit a Day Care 3. The Research Park is surrounded by Magruder Boulevard and Commander Shepard Boulevard. This Park contains approximately 150 acres situated outside of the NASA/Langley Air Force Base southern gate. Another notable landmark in this park is Langley Speedway. The subject properties are zoned Limited Manufacturing (M-1) District which is a zoning district for uses such as light industrial, research and development operation. The majority of the surrounding properties are zoned M-1 which is typical for a research park such as this. The cluster of land at the intersection of Magruder and Commander Shepard Boulevards is zoned C-1 District or Neighborhood Commercial and is intended to serve as a commercial node for support services to the businesses within the Research Park and the surrounding area. The property beside the M-3 zoned property was a recent rezoning and proffered out of M-3 use, has an M-1 condition, and is essentially M-1 zoned. There are two previous land use applications associated with this address - Rezoning Application No. 1254 and Use Permit Application No. 1031. In July 2007, Planning Commission20141106 Page 2 Hampton City Schools (HCS) requested to rezone 3217 Commander Shepard Boulevard from Limited Manufacturing (M-1) District to General Commercial (C-3) District for a school. The application was withdrawn because the City was pursuing a Zoning Ordinance amendment to allow schools in M-1 with a Use Permit. In September 2007, Hampton City Council approved a Use Permit to HCS for the development of Bridgeport Academy, an alternative school for secondary education. M-1 and C-2 Districts allow business and professional offices; medical offices; and restaurants; Day Care 3; greenhouse (which would be an accessory use to the day care); second hand store; catering establishments; and retail shops are allowed in the C-2 District but not the M-1 district and that is the reason for the request to rezone the property. The existing building is being used by the applicant for general office space to facilitate the operation of their business, Agape Counseling and Therapeudic Services, Inc., which occupies a building adjacent to the subject properties. 3221 Comander Shepard Boullevard is not under this Rezoning or Use Permit Application. The proposed day care and second hand store would occupy the existing building. Traffic circulation is on site and if the day care is approved, for safety purposes the children attending the day care would be dropped off and picked up on site. Some of the property contains wetlands and the proposed walking trail, additional parking spaces, and the greenhouse would be located within the wetlands on the back of the property. If the Use Permit for the day care is approved it will have 10 attached conditions, some of which are the hours of operation; the capacity; the traffic circulation; and will include a revocation clause. The future Land Use Plan identifies the subject properties and the entire park as business and industrial uses. The purpose of this designation is to provide a critical mass of land to support NASA and Langley’s operation with the concentration of the commerical nodes at the intersection of Commander Shepard and Magruder Boulevards. The Hampton Community Plan (2006, as amended) recommends business and industrial uses for this area (Langley Research and Development Park). The M-1 Zoning District and the Langley Research and Development Park were created to offer land for knowledge-based business to support the work of Langley AFB and NASA Langley. This business park was designed and intended for firms engaged in light manufacturing, research, and development (ED-16) and accordingly is not an appropriate location for a daycare as a primary use, second-hand store, greenhouse, and the other retail oriented use the applicant is proposing. Rather, commercial services that support the surrounding business parks are encouraged within designated commercial nodes along the Magruder Corridor as laid out in the Community Plan. The proposal does not align with the goals and objectives of the Environmental Stewardship policies in the Hampton Community Plan (2006 as amended). The Planning Commission20141106 Page 3 Community Plan states the importance of balancing growth and economic development with protection of the natural environment. The proposal does not align with the Community Plan environmental objectives because the proposed development and site improvements are potentially within wetlands. The Hampton and Langley Joint Use Study (JLUS) identified that the business and industrial growth designated on the land west of LAFB would most likely not have anywhere else to be redirected as there is only one other large region in the city of this type of development. There are nine proffered conditions attached to this Rezoning application which would limit the uses to what is proposed by the applicant and would include the standard conditions ensuring compliance with all City codes and ordinances. They would still be required to go through the site plan process if approved. The applicant held a community meeting on October 8 and no members of the public were in attendance. On November 5, 2014, the Langley Research and Development Park Business Association held a meeting. The applicant’s agent and a City staff member were present to help for a better understanding of the proposal. In summary, the Hampton Community Plan (as amended 2006) identifies Langley Research and Development Park as a business and industrial park as the vision for the area. The types of support services the applicant is proposing are identified in the Plan and are in the commercial nodes mentioned along the Magruder and Commander Shepard Corridors. If these requests are approved it would set a precedent for future land use proposals that piecemeal decisions on rezonings which do not align with the community’s vision. Part of what is being proposed is within an environmentally sensitive area and does not align with the Community Plan that was adopted by all the citizens of this community. Staff recommends denial of Rezoning Application No. 14-00004 with nine (9) conditions and denial of Use Permit Application No. 14-00016 with ten (10) conditions. In response to a question from Vice-Chair McCloud, Ms. Ibikunle stated that development in wetlands is not totally prohibited, but a permit is required from the United States Army Corps of Engineers (hereinafter referred to as the “Corps”) and other entities that deal with environmentally sensitive areas. If granted, conditions will be attached and it will involve a long, intricate process. Terry O’Neill, Director of Community Development, stated involved in the process is submittal of a permit application which would be reviewed by the Corps and the State Department of Environmental Quality. If their stringent criteria are met they may issue someone a permit for disturbance of wetlands area. Often if granted, conditions will be attached to the permit regarding compensatory mitigation of the wetlands that have been disturbed. It is possible, but not easy. In response to a question from Vice-Chair McCloud, Mr. O’Neill stated that the Commissioners are going to act on a land use change and they should be aware if the request goes forward the applicant would have to meet other requirements once plans are submitted for construction. Planning Commission20141106 Page 4  In response to a question from Commissioner Campbell, Ms. Ibikunle stated if the Commission recommends approval for the Rezoning then the Use Permit may also be approved. If the Rezoning is denied then the Use Permit would have to be denied by default. Assistant City Attorney Bonnie Brown stated that a Day Care 3 is permitted in a C- 2 zoning district subject to the approval of a Use Permit. Both the Rezoning and the Use Permit are needed to allow the day care. In response to a question from Commissioner Campbell, Ms. Ibikunle stated in the School’s (Bridgeport Academy) case there was a Zoning Ordinance Amendment (ZOA) and not ultimately a conditional rezoning. The ZOA permitted primary and secondary education within an M-1 zoning which was kept intact. The applicant is proposing to rezone the two parcels into a commercial district. A day care is only permitted in an M- 1 as an accessory use to a permitted use. Mr. O’Neill stated that prior to the Zoning Ordinance Amendment being approved there was much conversation with many of the property owners in the Langley Research and Development Park. Previous proposals had been made for higher education, training, or school type uses to be located in some of the buildings with the idea that some were work force training centers, vocational/educational type schools or simply higher education type facilities. Through the ZOA process the majority of the property owners and stakeholders felt that that particular use was something they were willing to include as a viable use in a business/industrial park but they wanted some control so it was not just by-right and that was why the Use Permit was attached to it. This process that went through a majority of the property owners and a school is different from a day care that is a complementary use of the business/research park, which was the reason behind the zoning ordinance amendment. In response to a question from Commissioner Campbell, Ms. Brown stated the rezoning covers more than just the four uses being discussed. In response to a question from Commissioner Campbell, Ms. Ibikunle stated that at the time the decisions were made, they were seen as the best decision at that particular time. Today the focus is that this is an industrial business park and, in looking forward, the vision of the Community Plan has this area as an M-1 zoning district. Commissioner Williams stated he has an issue with the fact that people were asked to come together and establish a Community Plan and now others want to come in and change that plan. It is part of his job now as a Commissioner to uphold the Community Plan and there is no reason to send a change to Council. In response to questions from Chairman LaRue, Mr. O’Neill explained that the M-1 zoning designation was created as the research and modern business park kind of zoning in the City of Hampton. It is more restrictive in terms of limitations of uses and how the buildings are to appear and where storage is located on the site, etc. It is in contrast to Copeland Industrial Park or Hampton Industrial Park which are older areas. All of the land in the Langley Research and Industrial Park zoned M-1 was acquired Planning Commission20141106 Page 5 through the former Regional Redevelopment & Housing Authority explicitly to provide land for research, business, and technology firms in close proximity to LAFB and NASA/Langley. Public money was used to acquire the property but much of it has been sold and is now privately owned. The roads were put in and the property was developed for the purpose of being a research and industrial park. In response to a question from Chairman LaRue, Ms. Ibikunle stated that the applicant could not come back and apply to just have a day care. In response to questions from Chairman LaRue, Mr. O’Neill stated a day care and school are different and an M-1 zone does not allow for a day care center. The wetlands issue is not about the use from a regulatory perspective, it is about disturbing the wetlands. The term “wetlands” has a scientific definition and any filling or disturbing of any jurisdictional wetlands requires the permit process previously discussed. It does not matter what use is chosen, it is disturbing this natural piece of the eco system. Lindsey Carney, a partner in the law firm of Patten, Wornom, Hatten & Diamonstein and legal counsel to Mawusi Scott Properties II, stated she resides at 209 Hilton Terrace, Newport News. Also present are the applicant, Sherry Mawusi, and Bob Cosby of AES Consulting and Engineers. Ms. Carney requested to reserve 3 minutes for rebuttal if necessary. The subject property was acquired by Mawusi Scott Properties in December 2013 as an ideal location for additional space to facilitate the operations of Agape, Foundations, Inc. Agape Foundations is a non-profit organization dedicated to creating a pathway to self-sufficiency for homeless and low income individuals by providing the resources and support needed to improve credit; housing opportunities; education and job opportunities; physical fitness; nutrition; and wellness. The resources provided by Agape Foundations include parenting classes; support groups; organization and time management; clothing assistance; and counseling and therapy programs. Throughout Agape’s 14 years of providing educational life and mental health counseling and treatment to clients in order to help them attain a sense of self worth, learning to have a healthy lifestyle and advocate for themselves, the principals of Agape learned that certain life skills, if taught at an early age, help facilitate that growth and independence. From that the idea of Kids & Books Academy was born. Kids & Books Academy will provide day care and early childhood development services to the children of Agape’s clients and the employees of local businesses and other residents of the city of Hampton. In describing the Kids & Books curriculum, Ms. Carney stated children will be provided a developmentally appropriate curriculum where they will be encouraged and given the opportunity to develop development milestones which include cognitive, social, emotional, physical, and creative skills. The comprehensive curriculum is centered around the book of the week and encompasses literacy, math, social studies, sciences, art, music, and physical education. Planning Commission20141106 Page 6  Monica Swanson who has a Bachelor’s Degree in fine Arts and Communications and a Teachers certification in early childhood education will serve as the Executive Director. Ms. Swanson has 15 years of childcare ownership and 5 years of elementary school teaching experience. She is well versed in the Virginia Standards of Learning, Virginia Preschool Initiative, and Social Service standards for licensed child care facilities. The subject property is located in the corridor of the Langley Research and Development Park and serves as a gateway to the southern gate of NASA/Langley. The Park is designated as an area that is ideal for expanding or starting a new business, especially in the areas of government contracting, office, research, or development. The Park serves as the location that is central to 800,000 employees in Hampton Roads and 365, 000 employees within 20 minutes of the area. While the City’s desire to preserve research and development areas in the City is understood, the subject property was previously used as an alternative school which is a use similar to a day care. Since the Hampton City Schools vacated the property in early 2013, the previous owner was unable to fill the vacancy in the building until Ms. Carney’s client purchased it in December 2013. Specific to the Langley Research Park, the applicant and the attorney spoke with several representatives of the business association and the comments were that they wished there were more commercial uses in the park and that it not be limited to M-1 because they would like to see increased business in the park and surrounding areas. Furthermore NASA/Langley, which is arguably the biggest attractor for research and development in the area, was contacted by the City about the application and has no objection to the application. The old adage “if you build it they will come” and the deviation that “if there is a dedicated office the research and development will come” no longer holds the weight it once did. The Brookings Institute recently published a study about the rise of innovation districts that said “a new geography of innovation in America has been highlighted by a transition from corporate campuses to innovation districts”. Those districts house start-ups, incubators, accelerators, as well as the necessary services that support them which would include mixed-use housing, office, retail, and other amenities. By co-locating amenities Brookings Institute stated that these districts with research and development, especially in preexisting vacant buildings, promote efficient land use, prevent extensive sprawl, and environmental degradation. One third of the subject property will be used for the day care with six planned classrooms and a large play area which is ample room for learning, growth, and creativity, The rear third of the property will be for other mixed-uses, but proffers have been made to limit the commercial uses. The proffers will be binding on the applicant and its entitled successors. Already a large employer in the area, Agape intends to increase its employee base which currently has about 200 employees who are mostly Hampton residents. It hopes to broaden its current contribution to the city’s coffers. All Planning Commission20141106 Page 7 of the proposed uses are planned for operation by Agape Foundation or its affiliates and are intended to help provide job opportunities for the clients of the Foundation. The front third of the property will be used for office space and there will be two playground locations adjacent to the building. The applicant has taken measures to ensure the proposed use will not be detrimental to or endanger the public’s health, safety, or general welfare. Engineers have been retained so there are adequate public facilities for the intended use. Adequate measures have been made to ensure the ingress and egress design to minimize vehicle traffic on Commander Shepard Boulevard and to provide for safe pedestrian traffic to and from the entrance. More than the minimum number of on-site parking has been provided. A Wetlands Delineation has been submitted to the Corps which has been preliminarily approved. Because the proposed encroachment is less than ½ acre, a Joint Nationwide 18 Permit will be submitted to the Corps and the Virginia Department of Environmental Equality (DEQ). The Joint Nationwide Permit is different from an individual permit and is a little less burdensome on the applicant and has a faster approval process as they are disturbing less than an acre. The meetings held with the Corps indicated that mitigation would not have to be done because the impact on the existing wetlands area is so small. There are no streams and the property is called “forested wetlands”. The concept plan has been proffered and there will be no future impacts to the wetlands without coming back before the Commission and City Council for additional approval. If the rezoning is approved, the property line between the two existing parcels will be extinguished and this will affectively preserve most of the wetlands on the rear of the property, as it will have to conform to the same concept plan The proposed use of the property is consistent with certain directives in the Hampton Community Plan. One directive is that the healthy growth and development of children and youth be successful in creating and sustaining a favorable quality of life with the focus on learning, and creating a safe, secure and, nurturing environment. Kids and Book Academy intend to offer that. Some land use and community design goals that focus on promoting the efficient use of land and promoting capability and synergy among different lands uses are that an existing building will be used and support services will be created for the Langley Research Park. Ms. Carney stated a letter of support had been received from an adjacent property owner, William Overman, III. A community meeting was held and there was no one from the public in attendance. In response to questions from Commissioner Campbell, Ms. Carney stated she did not want to be misleading that the applicant had received support from the Corps, but Planning Commission20141106 Page 8 what the applicant does have is the preliminary jurisdiction delineation which was received today. What it says is that the Corps preliminarily approves the wetland delineation that has been submitted and that means there is no discrepancy in what the applicant and the Corps consider as wetlands. In terms of the mitigation there has been a verbal response from the representative, so there should be no problem. The greenhouse is on the wetlands but will not have a concrete or asphalt floor. Everything will be grown from the ground and not potted. The first third of the building is currently office, there is nothing in the middle and there is some line dancing done in the back third, but nothing is permanent there right now. The school vacated the property in January 2013 and was vacant for an entire year. The applicant did not purchase the property until December 2013. In response to a question from Vice-Chair McCloud, Mr. O’Neill stated if the applications are approved, the proffered conditions go with the property. In response to questions from Chairman LaRue, Ms. Carney stated Kids & Books is a curriculum and there will be teaching, but it is not a school. The nature trail is a proposed walking trail through the wetlands. There is a new movement and there are wetlands it is destined to be preserved and people like to have trails through them. It will not be concrete or asphalt and will be on the applicant’s property. Carol Kleemeier, 20 Research Drive, President of the Langley Research and Development Park Business Association, stated the Association is not in favor of the applicant’s proposal. They would rather see the City focus on a more comprehensive or Master Plan recommended use for the business park than to address rezoning anything. In response to a question from Vice-Chair McCloud, Ms. Kleemeier stated the Association has concerns regarding traffic throughout the Park, vandalism (while Bridgeport was there, some slight vandalism occurred), additional foot traffic through the park, and that this might not be the right location for a day care with jets flying overhead all the time. In response to a question from Vice-Chair McCloud, Ms. Ibikunle stated the Community Plan recommends the subject property, as well as the Business Park, be used for business and industrial uses. Historically the Park was placed there to be used as support businesses to the NASA/Langley operation and the applicant’s proposal does not align with the vision of the Park. Also part of what is proposed is in an environmentally sensitive area and today is the first time anything has been heard about the response from the Corps. The staff recommendation is based on the analysis of what is requested on the application. In response to a question from Commissioner Campbell, Mr. O’Neill stated he is not certain how long the property was vacant. Bionetics leased the property for a time. Commissioner Campbell stated it is hard for him to not approve the request when there are potential funds that could be generated for the City because it is not research. He sees this as a positive opportunity for the City and it would benefit some of the people in that area from the potential business uses it could offer. Planning Commission20141106 Page 9  Commissioner Williams stated he does not like looking at vacant buildings either, but allowing businesses that do not uphold the Master Plan can change the character of the Business Park and possibly cause the loss of credibility with the community. In response to a question from Vice-Chair McCloud, Mr. O’Neill stated when the building was occupied by Bridgeport Academy the School was in need of a temporary location; Bridgeport did move out and into another space. Commissioner Southall stated he has no problem with the layout of the request or services to be rendered; it is the location that is a problem. In September 2013 a Use Permit for a school was approved, but schools are allowed; however, a school is not what is being proposed. The Hampton Community Plan is a guide for the Commissioners to follow for looking into the future. The economy does not currently support the research, development, and light manufacturing the City would like to see. This property has been set aside for that operation. A similar case in Roanoke was recently denied because they wanted to reserve the industrial property for future use. It is the job of the Commission to look for the best and highest use of property. Although this case could be granted and the City could begin to receive tax revenue, it does not determine what the tax revenue could be further down the road if the request is not granted. Once rezoned, the potential might never be reached and therefore he could not recommend approval. Commissioner Schmidt stated she would not have a problem with a day care and it could complement whatever would be there, but there is no promise that it would remain in the future. She also stated she is concerned about the property’s wetlands. With these concerns and the Community Plan in mind she would vote no. Commissioner Bunting stated she does not have a problem with the day care use as it is supportive, but there are other uses that might come along with this rezoning that would not be supportive of the industrial use. Hampton has limited land left that would support our industrial and commercial tax base. This is what helps keep a lower tax base for the residents. Landlocked and nearly fully developed, this property and the City’s future need to be protected. In response to a question from Commissioner Campbell, Mr. O’Neill stated he does not know how much industrial property is left in the City. Commissioner Bunting stated when the Research and Development Park states it has problems with this request they know more about what is needed. She would like to see this property filled but with something that is compatible. Leonard Sledge, Director of Economic Development reported that this building is approximately 28,000 square feet and was constructed in 1965 in the Langley Research and Development Park. It is advantageous to have existing buildings on sites when there are economic development inquiries. There are other vacant pieces of land in the City that are ready for commercial and industrial development. When this property was vacant before the applicant purchased the property it was something that could have been put on the market or respond to for prospect inquiries. Planning Commission20141106 Page 10  In response to questions from Commissioner Campbell, Mr. Sledge stated there are no publicly owned buildings that are constructed that would have heavy or light industrial use. There is vacant land in the Langley Research and Development Park that is owned by the City’s Economic Development Authority. Each of the other business parks along Magruder Boulevard, Hampton Roads Center North across Magruder Boulevard, Hampton Roads South, and Hampton Roads Central Business Parks has property that the Economic Development Authority owns. Mr. Sledge stated that Economic Development Authority does not look at properties as an “acceptable use” but a use that is commensurate with the Langley Research & Development Park. They look for opportunities across the City to attract new businesses as well as to work with existing businesses to expand. The more available inventory that has been developed by the private sector increases the likelihood of that happening. In response to a question from Chairman LaRue, Mr. Sledge stated a new concept is “new urbanism” or a “live/work/ play” environment. The technology sector or corridor recently seen is where more tech savvy companies are looking to descend into more urban environments and not necessarily the traditional office park. This does not mean office parks are becoming obsolete. He stated he had an opportunity a year ago to visit with a company in North Carolina and while riding through Research Triangle Park (RTP), after having heard so much about RTP, it was interesting to see the activity was not as bustling as he thought he would be. At the same time, close to NC State University there was a significant amount of entrepreneurial and technological activity. In an environment like the City of Hampton there is an opportunity for both. There are premier office parks in the Hampton Roads Center Corridor. With the development of Hampton Roads Center North, a portion of the Park is being branded as a science park anchored by the National Institute of Aerospace. A shell building program has been entered into with Craig Davis Properties in a portion of that Park to build more Class A office buildings. One area of that Park has been set aside to attract the retail amenities with another part earmarked for light industrial uses. In Hampton, with a city of its size and flavor with the existing industries in such a small geographic area, there are opportunities for all. Mr. Sledge stated outside of city government and from personal experience, it was good to be able to stop by the dry cleaners and to have things close by. With the amount of time people work during the course of the day and with commuting patterns, those different types of amenities were important. From a planning and land use standpoint it is important to cluster those amenities together in the right places. Commissioner Williams expressed that he would prefer the proposed items be reviewed in light of the Community Plan. He stated he is against just dropping things in without setting aside time for the community, the Commission, and those involved to decide whether there needs to be changes made in these plans. Ms. Carney stated her closing comments would be in response to Commissioner Campbell’s question. On the Langley Research and Development Park website that serves as an informational and marketing piece, it states there are currently 150 acres in Planning Commission20141106 Page 11 the entire Park and currently there are 40 acres available for other research and development opportunities. In response to another of Commissioner Campbell’s questions, Ms. Carney stated that the City notified NASA about the application. Ms. Ibikunle stated that NASA responded and they did not object to the proposal. In response to a question from Commissioner Campbell, Ms. Kleemeier stated that NASA is not a part of the Langley Research and Development Park Business Association. Mr. O’Neill clarified that under the JLUS the City is required to notify LAFB when an application is received that is within the boundaries of that study. LAFB then looks at the application(s) in respect to the key criteria of the JLUS (crash potential, noise potential, etc.). LAFB did not object to the application, but they do not weigh in the same as the Commission would. Their objective is to review a set of particular items. LAFB did suggest, as this is an older building and the potential use would be used by children, that more noise cancelling devices be put into the building to address the relatively high noise zone. Chairman LaRue stated that she finds this to be a hard decision because she loves the applicant’s concept of how to use the building. In her opinion the Corps said it was okay to put a greenhouse on a piece of wetlands on the property and likes the idea of the nature trail. She wonders about the wisdom of not including amenities like the day care center for the employees and those working near the business park. It would be an attraction for a business to locate there. The unofficial comment from Mr. Sledge was that it might be something that would be attractive. She also stated her concern about supporting the Community Plan and that this might be an opportunity for the Planning staff and Economic Development to get together and review what the Brookings Institute called the innovation districts. Maybe Hampton could get what it wants, do things a little differently, and plan for these amenities; incorporate some of the ideas of the “innovation districts” and get some of these ideas and activity into the Community Plan. Then Economic Development can use this to go out and sell the City to businesses. She had attended a Coliseum Central BID meeting where the speaker brought up this idea where younger people can walk or ride their bikes to work and be environmentally conscious. Hopefully this conversation will lead to discussion on this by City staff. Ms. Ibikunle stated the Use Permit for Bridgeport Academy was approved in 2007 which was prior to the approval by City Council of the Joint Land Use Study between Hampton and Langley. LAFB is requesting that more noise cancelling devices be used. A. Rezoning Application No. 14-00004 After discussion the Commission denied the following resolution: Planning Commission20141106 Page 12  WHEREAS: the Hampton Planning Commission has before it this day a rezoning application by Mawusi Scott Properties II, LLC to rezone 4.606+ acres at 3217 Commander Shepard Boulevard (LRSN 6000976) and (LRSN 6000977) within the Langley Research and Development Park from Limited Manufacturing (M-1) District to Limited Commercial (C-2) District with proffers, to facilitate the operation of a day care, greenhouse, 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, ranging in age from 0 months to 12 years old; WHEREAS: the sites are currently zoned Limited Manufacturing (M-1) District and are also covered by the Air Installations Compatible Use Zone (AICUZ) 70 decibel noise contour; WHEREAS: in that the Hampton Community Plan (2006, as amended), recommends business and industrial land uses for this area, staff recommends denial of this rezoning application; WHEREAS: in accordance with the Memorandum of Understanding between the City of Hampton and Langley Air Force Base (LAFB), LAFB was notified of the proposed rezoning application and suggested that the building design incorporate additional noise attenuation to bring the level down by at least 30dB since it is currently in the 70dB AICUZ, to minimize the effects noise will have on sleeping children. Per the City of Hampton Zoning Ordinance, noise attenuation is required for residential and not the proposed day care; WHEREAS: nine conditions are proffered which limit the uses to what is being proposed by the applicant (day cares, greenhouses, and second- hand stores) in addition to the following uses: business and professional offices, medical offices, restaurants, catering establishments, and retail stores. The standard conditions ensuring adherence to the site plan review process and compliance with all codes and ordinances are also included; WHEREAS: the President of the Langley Research and Development Park Business Association spoke on behalf of the Association in opposition to this proposal. NOW, THEREFORE, on a motion by Commissioner Tommy Southall and seconded by Commissioner Gregory Williams; BE IT RESOLVED that the Hampton Planning Commission recommends to City Council denial of Rezoning Application No. 14-00004. A roll call vote on the motion resulted as follows: Planning Commission20141106 Page 13  AYES: Southall, Williams, McCloud, Schmidt, Bunting, LaRue NAYS: Campbell ABST: None ABSENT: None B. Use Permit Application No. 14-00016 After discussion the Commission denied the following resolution: WHEREAS: the Hampton Planning Commission has before it this day a use permit application for Day Care 3 by Mawusi Scott Properties II, LLC to operate a day care in an existing building at 3217 Commander Shepard Boulevard (LRSN 6000976) in the Langley Research and Development Park. The request is for approximately 100 clients ranging in age from zero (0) months to twelve (12) years old, with hours of operation 5:30AM to 7:00PM, seven (7) days a week. 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 (10±children), subject to approval of a use permit; WHEREAS: the site is currently zoned Limited Manufacturing (M-1) District and is also covered by the Air Installations Compatible Use Zone (AICUZ) 70 decibel noise contour; WHEREAS: in that the Hampton Community Plan (2006, as amended) recommends business and industrial land uses for the subject property and surrounding area, staff recommends denial of this rezoning application; WHEREAS: in accordance with the Memorandum of Understanding between the City of Hampton and Langley Air Force Base (LAFB), LAFB was notified of this use permit application and suggested that the building design incorporate additional noise attenuation to bring the level down by at least 30dB since it is currently in the 70dB AICUZ, to minimize the effects noise will have on sleeping children. Per the City of Hampton Zoning Ordinance, noise attenuation is required for residential and not the proposed day care; WHEREAS: nine conditions are attached which address matters such as: hours of operation, capacity, traffic circulation, and a revocation clause; WHEREAS: the President of the Langley Research and Development Park Business Association spoke on behalf of the association in opposition to this proposal. Planning Commission20141106 Page 14  NOW, THEREFORE, on a motion by Commissioner Tommy Southall and seconded by Commissioner Gregory Williams; BE IT RESOLVED that the Hampton Planning Commission recommends to City Council denial of Use Permit No. 14-00016. A roll call vote on the motion resulted as follows: AYES: Southall, Williams, McCloud, Campbell, Schmidt, Bunting, LaRue NAYS: None ABST: None ABSENT: None ITEM VI. COMMUNITY DEVELOPMENT DIRECTOR’S REPORT A. Youth Planner Presentation Junior Youth Planner Bryauna Kralik presented the Youth Planner Report. The Youth Planners have been assisting the Hampton Youth Commission (HYC) with their meetings to ensure the Commissioners are being productive, and also making it an enjoyable experience. The HYC participated in training focused on comprehensive planning. They put their newly acquired skills to the test with the goal that it would teach the Commissioners what a comprehensive plan is, how to apply the training to the Hampton community, and to prepare the Commissioners for a presentation on comprehensive planning by a Planning and Zoning Division staff member. The training for the Commissioners focused on Comprehensive Planning for the Coliseum Crossroads area. They looked at possible locations for project construction in the Coliseum Crossroads with an observatory and waterfront rentals as some of their ideas. Senior Planner Donald Whipple gave a presentation on ideas on the areas of the Downtown and Coliseum Central Master Plan. For the Harbor Square and Bright’s Creek area (located in the Downtown Master Plan) the Commission suggested a family park and a baseball field for a Low Density Plan. For the Medium Density Plan this area would be better used as a space for shops and amenities, possibly a big retailer. The suggestion made by the Commission were for close parking, an archery range, water equipment rentals, a BMX track visible from the Interstate, and an aquatics center for the Coliseum Master Plan area. Planning Commission20141106 Page 15  The October 20th meeting gave the Commission an opportunity to participate in training focused on stakeholder analysis. The objective was to teach the Commissioners how to determine important stakeholders in the three topic areas defined at their retreat which are: education, transportation, and public safety. On October 27th the Commission conducted research on the Youth Serving Organizations which is a list compiled of organizations in the area that serve youth. The Commissioners analyzed how the organizations relate to Public Safety, Transportation, and Education. Each organization was categorized by using a matrix and topic area. They also looked at possible partnerships. Organizations used in this research were Alternatives, Inc., the Youth Volunteer Corps, the Mayor’s Youth Commission, and the Center for Child and Family Services. The next steps for the HYC will be to meet with a Transportation Stakeholder and discuss the possibility of a partnership. Commissioner Williams stated the Youth Commissioners do a wonderful job with the professional presentation and commended them all. 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. ITEM IX. ADJOURNMENT There being no further business, the meeting adjourned at 5:12 p.m. Respectfully submitted, ___________________________________ Terry O’Neill Secretary to the Commission APPROVED BY: ____________________________________ Gaynette LaRue Chairman Planning Commission20141106 Page 16