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Planning Commission Agendas & Minutes

Regular Meeting

Hampton, VA · March 5, 2015

AgendaMinutes

Minutes

AT THE WORK SESSION OF THE HAMPTON PLANNING COMMISSION HELD IN THE LAWSON CONFERENCE ROOM, 8TH FLOOR, CITY HALL, HAMPTON, VIRGINIA, ON THURSDAY, 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 PCminutes20150305 Page 1 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 PCminutes20150305 Page 2 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. PCminutes20150305 Page 3 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; PCminutes20150305 Page 4 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, PCminutes20150305 Page 5 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. PCminutes20150305 Page 6 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 PCminutes20150305 Page 7 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: PCminutes20150305 Page 8 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. PCminutes20150305 Page 9 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. PCminutes20150305 Page 11 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 Page 2 of 3 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 Page 3 of 3

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