Planning Commission Agendas & Minutes
Regular MeetingHampton, VA · March 5, 2015
Minutes
AT THE WORK SESSION OF THE HAMPTON PLANNING COMMISSION HELD IN THE LAWSON
CONFERENCE ROOM, 8TH FLOOR, CITY HALL, HAMPTON, VIRGINIA, ON THURSDAY, MARCH
5, 2015, AT 3:00 P.M.
Commissioners Tommy Southall, Gregory Williams, Teresa Schmidt, Vice-Chair
Andre McCloud, and Chairman Gaynette LaRue were present. Commissioner Carlton
Campbell was absent. Commissioner Mary Bunting joined the session at 3:23 p.m.
Chairman LaRue stated three of the Zoning Ordinance Amendments would be
given in one presentation, but would still require three votes.
Secretary to the Commission Terry O’Neill stated Zoning Ordinance Amendments
A, B, and C under the Public Hearing Items are related and were briefly addressed at
the last Commission meeting. Staff began receiving a lot of inquiries about locations
for detention facilities from government service administrations looking for properties in
Hampton for use as halfway houses for prisoners being released. It was realized that
Hampton was not in alignment with other jurisdictions regarding this type of use. The RFP
(request for proposals) process is out and Hampton does not want to be unfairly singled
out as the only place that allows this as a by-right use.
Zoning Ordinance Amendment D deals with HRCW (Hampton Roads Center
West), a relatively small piece of property (70 acres) located near the landfill. The
Commissioners have the opportunity to first address this item in closed session. Director
of Development Leonard Sledge is available to speak if needed.
A company is interested in this property and needs a high level of security that
requires specific fencing. The location is fairly isolated. This is a potential opportunity to
bring a business into Hampton.
Mr. O’Neill stated the reason for a closed session is due to the sensitivity about
who the client is.
Commissioner Southall stated he would prefer not to go into a closed session. He
would like the entire district treated as a whole and not just one parcel.
Mr. O’Neill explained the three parcels cover the whole district and each parcel
has the same owner.
In reply to the question of what is the definition of a security fence and what
type of fence the applicant would need, Mr. O’Neill explained the applicant requires a
special variety of fence.
Planning and Zoning Services Manager Keith Cannady stated the tenant requires
a fence that goes beyond a decorative fence. The proposed amendment would
require that the fence along Big Bethel Road be located behind the berm. There is no
change in the requirements dealing with the height of the fence.
Mr. Sledge stated the berm already exists; a casual observer will not recognize a
fence.
Worksession 2015-03-05 Page 1
Commissioner Williams stated he is leaning toward a closed session because the
Commission does not know what the use is and the Commissioners need to know as
much as possible in order to make an informed decision.
HRCW is not one of the districts where barbed wire fences are permitted. City
Code allows barbed wire fences in commercial and manufacturing zone districts.
Mr. O’Neill stated the question at hand is to see if the Commission is comfortable
in hearing this case without a closed hearing.
In response to a question from Commissioner Southall, Mr. Cannady stated the
request does not affect the land use only the fencing.
There was discussion on the concern of what business would require this high
level of security and Mr. O’Neill stated the proposed use is a permitted use.
In response to a question from Commissioner McCloud, Mr. O’Neill explained the
property has vacant buildings and someone wants to come in and use these buildings.
In response to Chairman LaRue’s concern, Mr. Cannady stated the berm is
protected under City Code.
Deputy Zoning Administrator Jeff Conkle stated the berm is required under the
Landscaping Guidelines.
Mr. Sledge stated the berm is located along Big Bethel Road and will not be
easily seen from Big Bethel Road. This business presents an opportunity to backfill the
space.
In response to a question from Vice-Chair McCloud, Mr. O’Neill stated the
proposed use is different from the current use, but it is still a permitted use and the
applicant would not need to come before the Commission if they did not require the
higher security.
When Chairman LaRue asked if the Commissioners still wanted a closed hearing
the decision was made to not have the closed session.
Mr. O’Neill explained there has been another agenda change. Because of bad
weather conditions the Youth Planners had been told to go home from school so there
will be no oral report given. Commissioners have a written Youth Planner report in their
package.
In response to a question from Commissioner Southall about the State of
Virginia’s definition of family, Assistant City Attorney Bonnie Brown stated there are
certain uses that must be treated as single-family. Detention centers do not have to be
treated as single-family.
In response to a question from Commissioner McCloud, Mr. Conkle stated that
there are distance separation requirements of ¾ of a mile between juvenile residences.
Detention facilities are not addressed that way.
Worksession 2015-03-05 Page 2
Ms. Brown read the definition of detention center.
In response to a question from Commissioner Williams, Mr. O’Neill stated the
ordinance changes will determine where these facilities may not be located.
City Planner Matt Smith stated the applicant for the day care 3 held a
community meeting. Mr. Smith also stated he received a phone call from an adjacent
neighbor who would like a fence between her property and the church property if the
Use Permit is approved.
There being no further business, the meeting was adjourned at 3:28 p.m.
Worksession 2015-03-05 Page 3
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, MARCH 5, 2015 AT 3:30 P.M.
I. CALL TO ORDER
Chairman Gaynette LaRue called the Planning Commission meeting to order.
II. ROLL CALL
A call of the roll noted Commissioners Tommy Southall, Gregory Williams, Teresa
Schmidt, Mary Bunting, Vice-Chair Andre McCloud, and Chairman Gaynette LaRue
were present. Commissioner Carlton Campbell was absent.
III. MINUTES
A motion was made by Commissioner Andre McCloud, seconded by
Commissioner Tommy Southall, to approve the minutes of the February 5, 2015 work
session and Planning Commission meeting. A roll call vote on the motion resulted as
follows:
AYES: Williams, Southall, McCloud, Schmidt, Bunting, LaRue
NAYS: None
ABST: None
ABSENT: Campbell
PUBLIC HEARING PROCEDURES
Mr. Terry O’Neill, Secretary to the Commission, read key points of the
Hampton Planning Commission Public Hearing/Comment Rules in order for the
affairs of the Commission to be conducted in a courteous and orderly manner.
IV. PUBLIC HEARING ITEMS
Mr. O’Neill read the public hearing items advertised in the Daily Press on
February 19, and February 26, 2015.
A. Use Permit Application No. 14-00022: by Hampton Church of the Nazarene,
Inc. to operate a day care 3 at 32 Tide Mill Lane [LRSN 7001577]. The property
is zoned One Family Residence (R-13) District, which permits a day care 3
subject to approval of a use permit. The applicant is requesting permission to
operate a day care for a maximum of 110 children. The Hampton Community
Plan (2006, as amended) recommends public/semi-public use for this area.
City Planner Matt Smith presented Use Permit Application No. 14-00022 by
Hampton Church of the Nazarene, Inc. The request is for a use permit to operate a
day care facility for approximately 120 children. Clients will range in age from zero
to twelve years. Proposed hours of operation are 6:30 a.m. to 8:00 p.m. Monday
through Friday. While the applicant requested a capacity of 120 children, staff
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review of the proposal determined that the State building code will limit the
applicant to 110 children.
The applicant is proposing to operate the day care in their existing building
located at 32 Tide Mill Lane. The property is zoned R-13, One Family Residence District,
which permits a Day Care 3 subject to approval of a use permit. The site provides
sufficient parking for a day care serving 110 children. A traffic circulation plan has been
reviewed and approved by staff.
The Hampton Community Plan (2006, as amended) recommends public/semi-
public use for this site and adjacent properties on Tide Mill Lane. The Plan also
establishes policies that support a nurturing environment for children in the community.
The proposed day care is in alignment with these policies of the Community Plan.
If this application is approved, staff recommends attaching conditions that
address aspects of the operation of the day care that include hours of operation,
circulation, and capacity.
A community meeting was held on January 27 and no one attended. An
adjacent property owner called and requested a fence be placed between their
property and the church property.
Staff recommends approval of Use Permit Application No.14-00022 with 10
conditions.
In response to a question from Commissioner Southall, Mr. Smith stated there is
not an enclosed play area and fencing is not required, but that it is something that can
be addressed by the Commission.
Commissioner Williams stated his concern about the safety issue of the children
wandering off, or of uninvited people coming onto the property from the wooded area
behind the church. Mr. Smith stated the wooded area consists of a row of trees
between the two properties.
Dr. Gary Carnahan, 7 Ridge Lake Drive, stated he is the pastor of the Church and
has been at this Church for six years. Although the Church is the owner of the property,
it is attempting to open the day care center in cooperation with another non-profit
ministry. In answer to the question about the wooded area, there have been no
problems with strangers in the area. There is also enough green space around the
Church where there should be no issue and there is enough foot traffic from the people
in the Church to provide security for the children.
Because the present day care is operating in the building where his office is
located, Dr. Carnahan stated he has occasion to see it often. The children are quiet
and orderly. This is a biracial operation and it helps smooth racial issues within the
community.
The occupancy permit is a concern. The use of the building will not be changed.
They are only expanding what they have been doing since 1961 with their original
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occupancy permit and would like the application to go forward. The portion of the
building for the day care has always been used for children’s education.
Dr. Carnahan stated he is in favor of the application going forward.
In response to questions from Vice-Chair McCloud, Dr. Carnahan stated outside
activities such as cook-outs are conducted and the non-profit working with them is
Pattern Interrupt Ministries.
In response to a question from Commissioner Williams, Dr. Carnahan stated that
a fence would be erected if required. A fence was not considered necessary as the
wooded area creates a sufficient barrier for noise and control for any children who
might wander off. There is enough green area around the Church for the play area to
be sufficiently removed from the houses.
In response to a question from Commissioner Schmidt, Dr. Carnahan stated the
day care currently has 12 students with ages from 6 weeks to 3 years.
Commissioner Southall stated safeguarding the children is his concern. There are
currently 12 children which are easy to watch, but that is expanding to 110 which will
not be as easy. With so much in the recent news about things happening in day cares,
it is his belief that it would be better if there was a barrier to prevent the children from
leaving the premises.
Dr. Carnahan stated Burbank Elementary School, with many more children, is
next door and it does not have a fence. The school has had no issues of which he is
aware. Staff will be increased to provide supervision for the additional children. There is
also an additional play area on the side of the building that does not back up to a
residential area.
In response to Commissioner Schmidt’s concern with the building facility and
being able to safe-guard and provide security for the children from people who come
in and for the children going out, Dr. Carnahan stated with the use of fire doors the
children are contained in one section of the building and are protected from
staircases. There is one door for the public to come in and out although there are other
doors that provide an emergency exit.
Assistant City Attorney Bonnie Brown reminded the Commissioners that they have
the authority to recommend approval of the same conditions recommended by staff or
to add or modify conditions, such as the fence, for consideration by City Council. Staff
makes recommendations to the Commission and the Commission makes
recommendations to City Council.
Commissioner Schmidt stated she would not make it a contingency but the
thought needs to be addressed when children are being housed in any manner. It is a
fact of life now that a lot of day cares have lockdown doors and the doors are locked
when the children come in or they have the magnetic doors. It is an area of concern
for everyone. She stated she would not make it a requirement, but a recommendation.
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Dr. Carnahan stated it is a well received recommendation.
Vice-Chair McCloud stated that Burbank is a public school and does not have a
fence. The Church will not have as many children as Burbank and he does not see
making a fence one of the requirements.
Dr. Carnahan stated the Church also owns 26 Tide Mill Lane which could be used
as a play area and it does not back up to residential.
Mark Armstrong, 10 Dunn Circle, stated he has been a youth pastor for 15 years
and has done various camps for children. Safety is foremost on his mind and he
understands the need for care and safety of these children. As part of the planning
process the addition of cameras and door features has been discussed. They are in the
process of getting a computer that requires a parent to use biological touch in order to
identify their child/children. Relating to property issues, the structure and playground
are located well back from the road and the student/staff ratio exceeds State
requirements. The Board decided to use the most stringent security measures. As their
financial situation changes they will erect a fence.
Paul Koss, 31 Edgemont Drive, stated he is a member of the Church of the
Nazarene and has never heard or known of any problems in this area. There are five
churches, a mosque, and two schools located within a three block area. As part of his
church duties, he personally checks all building doors to make certain they are
secured. He expressed his confidence in Brother Armstrong, the Church, the Pastor,
and the Board. They would be derelict if security was not a primary issue.
After discussion the Commission approved the following resolution.
WHEREAS: the Hampton Planning Commission has before it this day a
proposal by Hampton Church of the Nazarene, Inc. to operate a
day care 3 at 32 Tide Mill Lane [LRSN 7001577];
WHEREAS: the property is zoned One Family Residence (R-13) District, which
allows for the operation of a day care 3 subject to approval of a
use permit;
WHEREAS: the Hampton Community Plan (2006, as amended) recommends
public/semi-public use for this site, and establishes policies that
support a nurturing environment for Hampton’s children and youth;
WHEREAS: ten (10) conditions are attached that address aspects of the
operation of the day care including hours of operation, circulation,
and capacity; and
WHEREAS: three representatives of the applicant spoke in support of the
application, and one adjacent property owner requested a fence
to separate her property from the play area of the day care;
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NOW, THEREFORE, on a motion by Commissioner Teresa Schmidt and seconded
by Commissioner Andre McCloud,
BE IT RESOLVED that the Hampton Planning Commission recommends to City
Council approval of Use Permit Application No. 14-00022, subject to
ten (10) conditions.
A roll call vote on the motion resulted as follows:
AYES: Southall, Williams, McCloud, Schmidt, Bunting, LaRue
NAYS: None
ABST: None
ABSENT: Campbell
V. CLOSED SESSION
Closed session pursuant to Virginia Code section 2.2-3711(A)(5) to discuss a
prospective business or industry or the expansion of an existing business or industry
where no previous announcement has been made of the business’ or industry's interest
in locating or expanding its facilities in the community.
During the Planning Commission work session the consensus of the Planning
Commissioners was to not hold a Closed Session meeting.
VI. PUBLIC HEARING ITEM
A. Zoning Ordinance Amendment No. 156-2015: Ordinance To Amend And
Reenact Chapter 2 Of The Zoning Ordinance Of The City Of Hampton, Virginia By
Amending Sections 2-2 Entitled, “Table Of Uses Permitted” And 2-3 Entitled,
“Additional Standards On Uses” Pertaining To Development Standards For Group
Homes, Juvenile Residences, Orphanages And Shelters. Approval of this
amendment would change the uses of detention facility and halfway house
from being permitted by-right to being permitted by use permit in the C-1, C-2,
and C-3 districts and would remove the uses from the RT-1, SPI-OHB and SPI-OHW
districts. This amendment would also change the use of group home 2 from
being permitted by-right to being permitted by use permit in the C-1, and C-2
districts and would remove the use from the RT-1, SPI-OHB, SPI-OHR and SPI-OHW
districts. This amendment would also consolidate the uses of juvenile residence
1, juvenile residence 2 and juvenile residence 3 into one new use named juvenile
residence which will be permitted by use permit in the R-R, R-LL, R-43, R-33, R-22,
R-15, R-13, R-11, R-9, R-8, R-4, MD-T, MD-2, MD-3, MD-4, R-M, C-1 and C-2 districts
with an additional standard requiring separation from other uses of the same
type. This amendment would also change the use of orphanage in the C-2 and
C-3 districts to include an additional standard requiring separation from other
similar uses and would remove the use from the RT-1, SPI-OHB and SPI-OHW
districts. This amendment would also change the use of shelter in the C-1, C-2
and C-3 districts to include an additional standard requiring separation from
other uses of the same type and would remove the use from the RT-1, SPI-OHB,
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SPI-OHR and SPI-OHW districts. This application is also being advertised for the
March 25, 2015 City Council meeting.
B. Zoning Ordinance Amendment No. 157-2015: Ordinance To Amend And Re-
Enact Article XV Of Chapter 17.3 Of The Zoning Ordinance Of The City Of
Hampton, Virginia Entitled “SPI-CC Coliseum Central District” By Amending
Section 17.3-116 Pertaining To Modifications to Permitted Uses. Approval of this
amendment would remove the uses of detention facility, group home 2, halfway
house, juvenile residence, orphanage and shelter from the SPI-CC District. This
application is also being advertised for the March 25, 2015 City Council meeting.
C. Zoning Ordinance Amendment No. 158-2015: Ordinance To Amend And Re-
Enact Chapter 2.1 Of The Zoning Ordinance Of The City Of Hampton, Virginia
Entitled “Definitions” By Amending Section 2.1-2 Pertaining To Definitions.
Approval of this amendment would create new definitions for “detention facility”
and “juvenile residence” while deleting the definitions for “juvenile detention
facility,” “juvenile residence 1,” “juvenile residence 2” and “juvenile residence 3.”
This application is also being advertised for the March 25, 2015 City Council
meeting.
Deputy Zoning Administrator Jeff Conkle presented Zoning Ordinance
Amendment Nos. 156-2015, 157-2015, and 158-2015 together as they are related items.
These Zoning Ordinance amendments will require three separate votes.
The existing Ordinance contains several types of “group living” uses. The three
amendments address group homes; juvenille residences; shelters; orphanages; halfway
houses; and detention facilities. These are permitted in districts which are not in
alignment with the Community Plan or master plans. For example, halfway houses are
permitted by-right in the Coliseum Central area. The solution is to remove these uses
from the Coliseum Central, Downtown, and Residential Transition districts. It would
change these uses to require a use permit in all other districts where previously
permitted by-right.
Staff recommends approval of Zoning Ordinance Amendments 156-2015, 157-
2015, and 158-2015.
In response to a question from Vice-Chair McCloud, Mr. Conkle stated there
were three juvenille residence categories based on the number of residents and the
proposal is to delete those differences and have one new use called “juvenille
residence.” None of these uses will be permitted by-right. A use permit will be required.
Community Development Director Terry O’Neill stated now that use permits are
required, options are given to assess the number of residents requested versus the size
of the structure and location, parking, drop-off, etc.; similar to the review of a day care.
There were no public speakers.
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Commissioner Southall thanked all staff involved for doing the research involved
behind the Ordinance changes which makes it easier for the Commissioners to make
an informed decision.
After discussion the Commission approved the following resolutions:
A. Zoning Ordinance Amendment No. 156-2015
WHEREAS: The Hampton Planning Commission has before it this day ZOA 156-
2015, a proposed ordinance to amend and reenact Chapter 2 of
the Zoning Ordinance of the City of Hampton, Virginia by
amending sections 2-2 entitled, “Table of Uses Permitted” and 2-3
entitled, “Additional Standards on Uses” pertaining to development
standards for group homes, juvenile residences, orphanages and
shelters;
WHEREAS: staff discovered that allowances for group living uses were out of
alignment with the community plan, applicable master plans, and
neighboring jurisdictions;
WHEREAS: this amendment would change the use of detention facilities and
halfway houses from being permitted by-right to being permitted
by use permit in the C-1, C-2, and C-3 districts and would remove
the uses from the RT-1, SPI-OHB, and SPI-OHW districts;
WHEREAS: this amendment would also change the use of group home 2 from
being permitted by-right to being permitted by use permit in the C-
1 and C-2 districts and would remove the use from the RT-1, SPI-
OHB, SPI-OHR, and SPI-OHW districts;
WHEREAS: this amendment would also consolidate the uses of juvenile
residence 1, juvenile residence 2, and juvenile residence 3 into one
new use named juvenile residence which will be permitted by use
permit in the R-R, R-LL, R-43, R-33, R-22, R-15, R-13, R-11, R-9, R-8, R-4,
MD-T, MD-2, MD-3, MD-4, R-M, C-1, and C-2 districts with an
additional standard requiring separation from other uses of the
same type;
WHEREAS: this amendment would also change the use of orphanage in the
C-2 and C-3 districts to include an additional standard requiring
separation from other similar uses and would remove the use from
the RT-1, SPI-OHB, and SPI-OHW districts;
WHEREAS: this amendment would also change the use of shelter in the C-1, C-
2, and C-3 districts to include an additional standard requiring
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separation from other uses of the same type and would remove
the use from the RT-1, SPI-OHB, SPI-OHR, and SPI-OHW districts; and
WHEREAS: there were no speakers from the public.
NOW, THEREFORE, on a motion by Commissioner Southall and seconded by
Commissioner Williams,
BE IT RESOLVED that the Hampton Planning Commission recommends approval
to City Council of the ordinance amendment to Chapter 2 of the
Zoning Ordinance.
A roll call vote on the motion resulted as follows:
AYES: Southall, Williams, McCloud, Schmidt, Bunting, LaRue
NAYS: None
ABST: None
ABSENT: Campbell
B. Zoning Ordinance Amendment No. 157-2015
WHEREAS: The Hampton Planning Commission has before it this day ZOA 157-
2015, a proposed ordinance to amend and reenact Article XV of
Chapter 17.3 of the Zoning Ordinance of the City of Hampton,
Virginia entitled “SPI-CC Coliseum Central District” by amending
section 17.3-116 pertaining to modifications to permitted uses;
WHEREAS: staff discovered that allowances for group living uses were out of
alignment with the community plan, applicable master plans, and
neighboring jurisdictions;
WHEREAS: this amendment would remove the uses of detention facility, group
home 2, halfway house, juvenile residence, orphanage and shelter
from the SPI-CC District; and
WHEREAS: there were no speakers from the public.
NOW, THEREFORE, on a motion by Commissioner Southall and seconded by
Commissioner McCloud,
BE IT RESOLVED that the Hampton Planning Commission recommends approval
to City Council of the ordinance amendment to Chapter 17.3 of
the Zoning Ordinance.
A roll call vote on the motion resulted as follows:
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AYES: Southall, Williams, McCloud, Schmidt, Bunting, LaRue
NAYS: None
ABST: None
ABSENT: Campbell
C. Zoning Ordinance Amendment No. 158-2015
WHEREAS: The Hampton Planning Commission has before it this day ZOA 158-
2015, a proposed ordinance to amend and reenact Chapter 2.1 of
the Zoning Ordinance of the City of Hampton, Virginia entitled
“Definitions” by amending section 2.1-2 pertaining to definitions;
WHEREAS: staff discovered that allowances for group living uses were out of
alignment with the community plan, applicable master plans, and
neighboring jurisdictions;
WHEREAS: this amendment would create new definitions for “detention
facility” and “juvenile residence” while deleting the definitions for
“juvenile detention facility,” “juvenile residence 1,” “juvenile
residence 2,” and “juvenile residence 3”; and
WHEREAS: there were no speakers from the public.
NOW, THEREFORE, on a motion by Commissioner Southall and seconded by
Commissioner Schmidt,
BE IT RESOLVED that the Hampton Planning Commission recommends approval
to City Council of the ordinance amendment to Chapter 2.1 of the
Zoning Ordinance.
A roll call vote on the motion resulted as follows:
AYES: Southall, Williams, McCloud, Schmidt, Bunting, LaRue
NAYS: None
ABST: None
ABSENT: Campbell
D. Zoning Ordinance Amendment No. 159-2015: Ordinance To Amend And Re-
Enact Article XIV Of Chapter 17.3 Of The Zoning Ordinance Of The City Of
Hampton, Virginia Entitled “SPI-HRCW Hampton Roads Center West” By
Amending Section 17.3-105 Pertaining To Building And Screening Materials.
Approval of this amendment would modify the standards for fences in the SPI-
HRCW District. This application is also being advertised for the March 25, 2015
City Council meeting.
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Planning and Zoning Administration Manager Keith Cannady presented Zoning
Ordinance Amendment No. 159-2015 which is a proposal to amend the Special Public
Interest-Hampton Roads Center West district (SPI-HRCW) and specifically to amend
Section 105(6) of Chapter 17.3 referring to building and screening requirements,
specifically fencing requirements.
The SPI-HRCW district is located in the northwest quadrant of the City, bound by
I-64, Big Bethel Road, and the Hampton Landfill.
This amendment is in response to a particular development proposal. The land
use plan recommendation for the properties is business/ industrial.
Approval of this amendment would change the way fences are regulated in the
SPI-HRCW district. The proposed amendment would eliminate restrictions on fence
materials and would allow fences to be located within a required setback. The
amendment would also require that fences located adjacent to Big Bethel Road be
placed behind the existing vegetated berm and landscaping that is provided along
this side of the district. That portion of the property will screen the fence from the public
view. This Zoning Ordinance amendment accompanies a proposed amendment to
the Hampton City Code which would permit barbed wire fences in the SPI-HRCW
district.
The purpose of this Zoning Ordinance amendment is to allow for a greater level
of security for buildings and properties located within the district while also protecting
the screening that is provided from the public right-of-way along Big Bethel Road.
Some of the important Community Plan policies that pertain to this proposed
amendment are:
• Promote high quality design and site planning that is compatible with
surrounding development.
• Preserve and enhance the identity and scenic qualities of city corridors
and gateways.
• Retain, expand, and attract businesses that provide jobs with family-
supporting wages.
Staff recommends approval of Zoning Ordinance Amendment No. 159-2015.
After discussion the Commission approved the following resolution:
WHEREAS: the Hampton Planning Commission has before it this day ZOA 159-
2015, a proposed ordinance to amend and reenact Article XIV of
Chapter 17.3 of the Zoning Ordinance of the City of Hampton,
Virginia entitled, “SPI-HRCW Hampton Roads Center West” by
amending section 17.3-105 pertaining to building and screening
materials;
PCminutes20150305 Page 10
WHEREAS: this amendment would eliminate restrictions on fence materials,
allow fences to be located within the required set back and
require that fences located adjacent to Big Bethel Road be placed
behind the required vegetated berm that is provided along this
side of the district;
WHEREAS: approval of this amendment would allow for a greater level of
security for buildings and properties located within the district while
protecting the screening that is provided from the public right-of-
way along Big Bethel Road;
WHEREAS: this proposed zoning ordinance amendment accompanies a
proposed amendment to the Hampton City Code to allow barbed
wire fences in the SPI-HRCW district; and
WHEREAS: there were no speakers from the public.
NOW, THEREFORE, on a motion by Commissioner Williams and seconded by
Commissioner Southall,
BE IT RESOLVED that the Hampton Planning Commission recommends approval
to City Council of the ordinance amendment to Chapter 17.3 of
the Zoning Ordinance.
A roll call vote on the motion resulted as follows:
AYES: Southall, Williams, McCloud, Schmidt, Bunting, LaRue
NAYS: None
ABST: None
ABSENT: Campbell
VII. COMMUNITY DEVELOPMENT DIRECTOR’S REPORT
Mr. O’Neill stated that because of bad weather conditions the Youth Planners
had been told to go home from school so there will be no oral report given.
Commissioners have a written Youth Planner report in their package. The Commissioners
may forward any questions to either himself or City Planner Tolu Ibikunle.
VIII. ITEMS BY THE PUBLIC
There were no items by the public.
IX. MATTERS BY THE COMMISSION
Commissioner Southall stated he had received an email stating the Budget
Session scheduled for this evening had been cancelled. Another session is planned
for Saturday, March 7, 2015. He asked Commissioner Bunting if she had anything
further to add on the budget sessions.
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Commissioner Bunting stated one of the objectives each year is to get citizen •
input prior to finalization of the Manager' s budget. It helps staff make sure the
Manager' s recommended budget reflects community input as much as fiscal reality
allows before it is put before the City Council. This is not something every city does,
but it has become a Hampton tradition. There is usually one evening and one
weekend session. Because of the bad weather and school facility closures, this
evening' s session was cancelled. Availability for another time and place are being
checked for next week. The Saturday session will be held from 9:30 to 11: 00 a.m. at
Hampton High School. An update of the fiscal conditions of the City, region, and
state, along with their impact on the budget are some of the issues that will be
presented.
Letters were sent to the registered neighborhood and civic associations, as
well as other community partners, with an offer of the presentation to be given to
their associations by staff. This offer also goes out to those interested groups listening
to this broadcast of the Planning Commission meeting.
X. ADJOURNMENT
There being no further business, the meeting adjourned at 4: 15 p. m.
Respectfully submitted,
Terry CUeill
Secretary to the Commission
APPROVED BY:
G ynette ague
airman
Kminutes20150305 Page 12 •
Agenda
PLANNING COMMISSION
CITY OF HAMPTON, VIRGINIA
CHAIR: Gaynette LaRue
VICE-CHAIR: Andre McCloud
COMMISSIONERS: Mary Bunting, Carlton Campbell, Teresa V. Schmidt, Thomas Southall,
Gregory Williams
WORK SESSION
March 5, 2015 @ 3:00 PM – City Hall, Lawson Conference Room, 8th Floor
I. Questions about agenda items
MEETING AGENDA
March 5, 2015 @ 3:30 PM – City Hall, City Council Chambers, 8th Floor
I. Call to Order
II. Roll Call
III. Minutes of the February 5, 2015 Planning Commission Meeting
IV. Public Hearing Items
A. Use Permit Application No. 14-00022: by Hampton Church of the Nazarene, Inc. to
operate a day care 3 at 32 Tide Mill Lane [LRSN 7001577]. The property is zoned One
Family Residence (R-13) District, which permits a day care 3 subject to approval of a use
permit. The applicant is requesting permission to operate a day care for a maximum of
110 children. The Hampton Community Plan (2006, as amended) recommends
public/semi-public use for this area. Copies of documents or information concerning
this proposal may be obtained from the Community Development Department located
in Hampton City Hall, 22 Lincoln Street, or from Matt Smith, 757-727-6077 or
mssmith@hampton.gov.
V. Closed Session
A. Closed session pursuant to Virginia Code section 2.2-3711(A)(5) to discuss a prospective
business or industry or the expansion of an existing business or industry where no previous
announcement has been made of the business' or industry's interest in locating or
expanding its facilities in the community.
B. Certification of the closed session.
VI. Public Hearing Item
A. Zoning Ordinance Amendment No. 156-2015: Ordinance To Amend And Reenact
Chapter 2 Of The Zoning Ordinance Of The City Of Hampton, Virginia By Amending
Sections 2-2 Entitled, “Table Of Uses Permitted” And 2-3 Entitled, “Additional Standards On
Uses” Pertaining To Development Standards For Group Homes, Juvenile Residences,
Orphanages And Shelters. Approval of this amendment would change the uses of
detention facility and halfway house from being permitted by-right to being permitted by
Page 1 of 3
use permit in the C-1, C-2, and C-3 districts and would remove the uses from the RT-1, SPI-
OHB and SPI-OHW districts. This amendment would also change the use of group home 2
from being permitted by-right to being permitted by use permit in the C-1, and C-2
districts and would remove the use from the RT-1, SPI-OHB, SPI-OHR and SPI-OHW districts.
This amendment would also consolidate the uses of juvenile residence 1, juvenile
residence 2 and juvenile residence 3 into one new use named juvenile residence which
will be permitted by use permit in the R-R, R-LL, R-43, R-33, R-22, R-15, R-13, R-11, R-9, R-8, R-
4, MD-T, MD-2, MD-3, MD-4, R-M, C-1 and C-2 districts with an additional standard
requiring separation from other uses of the same type. This amendment would also
change the use of orphanage in the C-2 and C-3 districts to include an additional
standard requiring separation from other similar uses and would remove the use from the
RT-1, SPI-OHB and SPI-OHW districts. This amendment would also change the use of shelter
in the C-1, C-2 and C-3 districts to include an additional standard requiring separation
from other uses of the same type and would remove the use from the RT-1, SPI-OHB, SPI-
OHR and SPI-OHW districts. This application is also being advertised for the March 25, 2015
City Council meeting. Copies of documents or information concerning this proposal may
be obtained from the Community Development Department located in Hampton City
Hall at 22 Lincoln Street or from Jeff Conkle at 757-728-5229 or jconkle@hampton.gov.
B. Zoning Ordinance Amendment No. 157-2015: Ordinance To Amend And Re-Enact Article
XV Of Chapter 17.3 Of The Zoning Ordinance Of The City Of Hampton, Virginia Entitled
“SPI-CC Coliseum Central District” By Amending Section 17.3-116 Pertaining To
Modifications to Permitted Uses. Approval of this amendment would remove the uses of
detention facility, group home 2, halfway house, juvenile residence, orphanage and
shelter from the SPI-CC District. This application is also being advertised for the March 25,
2015 City Council meeting. Copies of documents or information concerning this proposal
may be obtained from the Community Development Department located in Hampton
City Hall at 22 Lincoln Street or from Jeff Conkle at 757-728-5229 or jconkle@hampton.gov.
C. Zoning Ordinance Amendment No. 158-2015: Ordinance To Amend And Re-Enact
Chapter 2.1 Of The Zoning Ordinance Of The City Of Hampton, Virginia Entitled
“Definitions” By Amending Section 2.1-2 Pertaining To Definitions. Approval of this
amendment would create new definitions for “detention facility” and “juvenile
residence” while deleting the definitions for “juvenile detention facility,” “juvenile
residence 1,” “juvenile residence 2” and “juvenile residence 3.” This application is also
being advertised for the March 25, 2015 City Council meeting. Copies of documents or
information concerning this proposal may be obtained from the Community
Development Department located in Hampton City Hall at 22 Lincoln Street or from Jeff
Conkle at 757-728-5229 or jconkle@hampton.gov.
D. Zoning Ordinance Amendment No. 159-2015: Ordinance To Amend And Re-Enact Article
XIV Of Chapter 17.3 Of The Zoning Ordinance Of The City Of Hampton, Virginia Entitled
“SPI-HRCW Hampton Roads Center West” By Amending Section 17.3-105 Pertaining To
Building And Screening Materials. Approval of this amendment would modify the
standards for fences in the SPI-HRCW District. This application is also being advertised for
the March 25, 2015 City Council meeting. Copies of documents or information concerning
this proposal may be obtained from the Community Development Department located in
Hampton City Hall at 22 Lincoln Street or from Jeff Conkle at 757-728-5229 or
jconkle@hampton.gov.
VII. Community Development Director’s Report
A. Youth Planner Presentation
VIII. Items by the Public
IX. Matters by the Commission
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X. Adjournment
Protocol for Public Input at Planning Commission Meetings:
Hampton Planning Commission meetings are open to the public. The public is invited to attend
meetings and to observe the work and deliberations of the Planning Commission. The public may
also address the Planning Commission on public hearing items by signing up to speak. Public hearing
sign-up sheets will be available until the specific item is reached during the course of the meeting.
Speakers will be recognized in the order in which they sign up and are asked to state their name and
address, to limit their comments to 3 minutes, and to avoid repeating comments made by previous
speakers.
As a courtesy to others during the meeting,
please turn off cellular telephones or set them to vibrate.
CITY OF HAMPTON
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING & ZONING ADMINISTRATION DIVISION
22 LINCOLN STREET, 5TH FLOOR
HAMPTON, VA 23669
757-727-6140
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