Planning Commission Agendas & Minutes

AT THE WORK SESSION OF THE HAMPTON PLANNING COMMISSION HELD IN THE LAWSON CONFERENCE ROOM, 8TH FLOOR, CITY HALL, HAMPTON, VIRGINIA, ON THURSDAY, SEPTEMBER 3, 2015, AT 3:00 P.M. Commissioners Gregory Williams, Carlton Campbell, Teresa Schmidt, Mary Bunting, Vice-Chair Andre McCloud, and Chairman Gaynette LaRue were present. Commissioner Tommy Southall was absent. Commissioner Campbell stated there are seven different ordinance changes this evening regarding Phoebus. Chairman LaRue mentioned a meeting she had attended on the Arts and Cultural Center that was given by City Planner Alison Alexander. Ms. Alexander stated information on the Arts and Cultural Center will be presented to the Commission at a later date. Community Development Director and Secretary to the Commission Terry O’Neill stated the actions at today’s Planning Commission meeting are impact items on the Master Plan. In response to a question from Vice-Chair McCloud, Mr. O’Neill stated the Arts and Cultural District came about as a request during the Master Plan process. The change of zoning would be the first item. The Arts and Cultural Center request requires changes in the City Code and therefore will go to City Council and not the Planning Commission. Sr. Assistant City Attorney Bonnie Brown stated there are economic development incentives that do not come through the Planning Commission. In response to a question from Commissioner Campbell, City Planner Lucy Stoll stated she presented a Comprehensive Plan Amendment and not a change to the Master Plan. In response to a question from Vice-Chair McCloud, Mr. O’Neill explained Enterprise Zones. The State allows adoption of these and establishes the criteria. The Comprehensive Plan Amendment will not change the land use. Planning and Zoning Administration Division Manager Keith Cannady stated the information on the Arts and Cultural District will be one of the items included in the Planning Commission package for October. Mr. O’Neill mentioned that the Planning Commission elections would be held during today’s 3:30 p.m. meeting. Mr. O'Neill stated there is a whole package in today’s agenda on amending and adopting a special district for Phoebus. Each item will be acted on separately, but will be presented at the same time. PCWorksession20150903 Page 1  In response to a question from Commissioner Campbell, Chief Planner Mike Hayes stated he had not received any negative comments on Rezoning Application No. 15-00003 by Franciscus Homes, Inc. There had been some discussion on a left turn lane and that would need approval from Public Works. The property for this request is located directly on Power Plant Parkway. In response to a question from Commissioner Campbell, Ms. Stoll stated the reduction in the number of children in the request for Use Permit Application No. 15- 00007 for a day care 3 at 2625 N. Armistead Avenue was due to the application being received prior to discussion on what the different codes would allow. No community meeting was held as the applicant did not see the request as being highly controversial. In response to questions, Ms. Alexander stated the playground for Use Permit Application No. 15-00011 will be funded through the Neighborhood Commission. The applicant held a community meeting in November 2014. There has been no opposition expressed. Mr. O’Neill stated when the Neighborhood Commission offers a grant as it has for the playground requested in UP 15-00011, it asks that the grantee have community partners. In response to a question from Commissioner Campbell about Use Permit Application No. 15-00012 for 87 Lincoln Street, Ms. Alexander stated the request was for live entertainment and the Downtown Hampton Development Partnership had submitted a letter of support. Mr. O’Neill explained staff changed the hours of operation requested by the applicant in order to be consistent with other applications in the area. It eliminates the applicant from having to come back at a future time to make a request to change their hours. If something happens there is also the revocation clause. There being no further business, the meeting adjourned at 3:27 p.m. PCWorksession20150903 Page 2 AT A PUBLIC HEARING AND REGULAR MEETING OF THE HAMPTON PLANNING COMMISSION HELD IN THE COUNCIL CHAMBERS, 8TH FLOOR, CITY HALL, HAMPTON, VIRGINIA, ON THURSDAY, SEPTEMBER 3, 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 Gregory Williams, Carlton Campbell, Teresa Schmidt, Mary Bunting, Vice -Chair Andre McCloud, and Chairman Gaynette LaRue as present. Commissioner Tommy Southall was absent. III. PLANNING COMMISSION ELECTION OF CHAIR AND VICE -CHAIR A. Election of Chairman A motion was made by Commission Gregory Williams and seconded by Commissioner Teresa Schmidt to nominate Commissioner Tommy Southall as Chairman of the Hampton Planning Commission for a one -year term. A roll call vote on the motion resulted as follows: AYES: Williams, Campbell, McCloud, Schmidt, Bunting, LaRue NAYS: None ABST: None ABSENT: Southall B. Election of Vice -Chairman A motion was made by Commissioner Gregory Williams and seconded by Commissioner Carlton Campbell to nominate Commissioner Andre McCloud as Vice - Chairman of the Hampton Planning Commission. A roll call vote on the motion resulted as follows: AYES: Williams, Campbell McCloud, Schmidt, Bunting, LaRue NAYS: None ABST: None ABSENT: Southall The meeting was turned over to Vice -Chair Andre McCloud due to Chairman Tommy Southall' s absence. PUBLIC HEARING PROCEDURES Mr. Terry O' Neill, Secretary to the Commission and Director of the Community Development Department, read key points of the Hampton Planning Commission Planning Commission 20150903 Page 1 Public Hearing /Comment Rules in order for the affairs of the Commission to be conducted in a courteous and orderly manner. IV. MINUTES A motion was made by Commissioner Carlton Campbell and seconded by Commissioner Gaynette LaRue, to approve the minutes of the August 6, 2015 work session and Planning Commission meeting. A roll call vote on the motion resulted as follows: AYES: Williams, Campbell, Schmidt, Bunting, LaRue, McCloud NAYS: None ABST: None ABSENT: Southall V. PUBLIC HEARING ITEMS A. Rezoning Application No. 15- 00003: by Franciscus Home, Inc. and property owners Rosalind Slater, James Hunsucker, Glenn Hudgins, and Celia Hudgins to rezone 28. 05+ acres at 1625, 1633 and 1635 Power Plant Parkway, along with unaddressed parcels off of W. Queen Street [ LRSN: 3004765, 3004766, 3004773, 3004774, 3004775, 3004776] from One Family Residence [ R - 11 ] District to Multiple Dwelling ( MD -2) District with proffered conditions. The property is also within the Flood Zone Overlay and Chesapeake Bay Preservation Overlay Districts, which will not change if this application is approved. Approval of this application would permit development of a maximum of 125 townhouses on 9. 5± acres. The Hampton Community Plan ( 2006, as amended) recommends medium density residential land use in this location. Chief Planner Mike Hayes presented the staff report, a copy of which is attached hereto and made a part hereof. This is a request to rezone 28.05± acres along Power Plant Parkway adjacent to New Market Creek from Single -Family Residential ( R - 11) to the MD -2, Multifamily district. The adjacency to New Market Creek and existence of wetlands on site limit the developable acreage of the site to approximately 9. 5 acres. The maximum number of units that would be permitted with the proffered conditions would be 125, which is approximately 13. 12 units per acre on the buildable acreage. There will be 25 buildings. The Hampton Community Plan ( 2006, as amended) recommends medium density residential land use, which the Plan further specifies is between 9 and 15 units per acre. The Plan further clarifies that the expectation is that such density would occur in the form of dense single -family or low scale multi -family development. Promoting a diverse mix of housing types and responding to demographic and market trends are emphasized in the policies of the Community Plan. At the same time, it is important to develop in a way that is compatible with neighboring land uses as well as natural features. Quality site design will not only avoid constructing in high hazard environmental areas but treat natural resources as amenities. The property is located in a flood zone and in the Chesapeake Bay area which does constrain the amount of Page 2 Planning Commission 20150903 property that can be built on; at the some time it does, however, help connect the residents with the natural features and the creek. Public policy recognizes environmental constraints and opportunities. It encourages a diverse mix of housing, promotes high quality design and site planning, and promotes the preservation and enhancement of open spaces. This property does not fall into the Coliseum Central Master Plan area but is close to the Power Plant District and to the regional entertainment district in the larger Coliseum area. The applicant is proposing 125 units over 25 residential buildings, a conceptual plan that shows the layout that is generally set in a block pattern with a lot of pedestrian connectivity within the development itself as well as out to Power Plant Parkway. The building elevations have also been proffered. A number of amenities are included in the proposal for the site given that it is in an isolated area off the Parkway and has a creek to the south. The proposed buildings would be two stories tall and in a coastal design with a variety of design features on each fagade. The site is designed to provide great pedestrian access between buildings, to the club house and pool, and down to New Market Creek. Where the walkways cross, courtyards with central features similar to those often found on newer apartment roof tops would be created to provide a communal amenity. The developer has proposed a coastal character for the buildings with a number of ornaments along the roof line to break up the buildings. Each unit will have its own entrance from the outside and each unit will have its own garage with access to the interior. Each will also have a small amount of outdoor space. The fronts of the buildings will be seen from the Parkway and garages are oriented toward the interior of the site. Staff recommends approval of Rezoning Application No. 15 -00003 with 15 conditions. In response to a question from Commissioner Williams, Mr. Hayes stated the units will have a one car garage, but there will be additional parking spaces behind the units. In response to a question from Commissioner Campbell, Mr. Hayes stated flooding has been addressed. The building of the units will be done on the higher ground located on the northern portion of the site. There is nothing the developer can do to help with tidal flooding along Newmarket Creek. Past this proposed development toward the creek and the power lines is an almost five -foot drop. All stormwater will be captured and held on higher ground and it will meet all new stormwater regulations. In response to a question from Commissioner Schmidt, Mr. Hayes stated the builder will stay out of the area that would require the three -foot freeboard. However, any units that might possibly fall into a flood zone that would require a freeboard would have to meet all requirements. Page 3 Planning Commission 20150903  In response to a question from Commissioner Campbell, Mr. Hayes stated the applicant held a community meeting on July 3, 2015 and he is not aware of any opposition to this request. A representative from Aberdeen Gardens was present. Larry Cummings, attorney for Kaufman and Canoles, 2236 Cunningham Drive, stated he represents the applicant. Mr. Cumming stated this proposed development before the Commission being by Franciscus Homes, Inc. is exciting. Gary Werner of Franciscus Homes, Inc. is also present to speak. Mr. Cumming stated that the developer and staff have worked hard on this project. The Hampton Community Plan recommends medium density for this area. The property is located just below the Coliseum Master Plan boundary. The applicant is requesting a multifamily zone which will be an appropriate transition zone from commercial to residential. The waterway is an amenity the City is focusing on and this property is a potential extension of that focus. The City has requested the applicant provide sidewalk access to the residential area of Town Park and the commercial area above it as well. Away from New Market Creek, out of the sensitive environmental area, and the above power lines, the applicant proposes to come down to the waterfront with the possibility of a kayak launch or other utilization to tie into the Newmarket Creek system the City is proposing. The site will have courtyards and there will also be overlook points to the creek. This proposed site has close access to the commercial area, but is almost like it has a nature preserve beside it on the site. The site will also have a pool house and swimming pool. The different land uses will be separated by a privacy fence. All units will front on promenades with parking in the rear. The unit owners will have access to the green area and that will be the access to their homes. Gary Werner, president of Franciscus Homes, stated Franciscus Homes started almost 40 years ago and has built nearly 4,000 homes in every major city in Hampton Roads. Their drive is not just to build more homes, but to build homes better. They always try to improve. A few years ago, Franciscus Homes was presented with a Home Buyers Diamond Builders award from one of the larger home warranty companies in the country and at that time there were no complaints on over 3,000 homes they had built. Mr. Werner explained that no less than six different building designs and two dozen site plans were tried. This new building design has rear loading garages which allows for access to be clustered behind the units and screened from view. There will also be ample owner and visitor parking provided on -site. Plans for the site include a pool and club house in the northeast corner of the site. The key in the design is to provide residents in this community with public spaces where they can meet and greet their neighbors. All units will have patios and entry Planning Commission 20150903 Page 4 ways to the homes that face the public spaces. Interaction between residents is encouraged through the use of the landscaped greenbelts. Connectivity is great whether going to the pool area or on a walk to the overlooks on the wet ponds that look to the pastureland to the south. The applicant, in working with staff and consultants, has been mindful to how environmentally sensitive the site is. The units will be 100% out of the flood plains and buffer areas. The units will be built out of the freeboard part of the property. Stormwater ponds will retain the water and filter any water that comes from the community and impervious services. In extreme weather circumstances they have the capacity to hold the water and trickle it out into the creek. The architectural design is Carolina Coastal with subtle pastels in earth tones. The buildings will have standing seam roofs and the exteriors will have board and batten siding and lap siding. Pediments and architectural features will be on the overhang. The units will consist of two or three bedrooms. All units have individual entrances. Mr. Cumming stated the project will not cross over any other properties and will not cause traffic problems. A left turn stacking lane into the complex will be provided. The plan, the location, and the builder are excellent. This project is consistent with the Community Plan and will support the retail center to the north. In response to questions from Commissioner Campbell, Mr. Cumming explained which properties were under contract for the project and that the target price for these units is $ 220, 000 to $250,000. Mr. Cumming stated the path to the creek will be owned and maintained by the Association. In response to a question from Commissioner LaRue, Mr. Cumming explained that the connection to Newmarket Creek cannot be determined at this point, but it will connect the development to the creek. In response to a question from Commissioner Schmidt, Mr. Cumming stated the units will be on a slab and that the building elevations, which are the visual appearance of the units, is the design as shown on the slides. Joseph Skelly, 30 N. Hope Street, stated his question was how many units there would be. As stated it is 125 units which would equate to about 450 residents. The developer may want to include space to allow for gardening. In response to a question from Mr. Skelly, Mr. Werner stated the walkways and access to the creek will be for private use by the residents. After discussion, the Commission approved the following resolution: WHEREAS: the Hampton Planning Commission has before it this day a request by Franciscus Home, Inc. and property owners Rosalind Slater, James Hunsucker, Glenn Hudgins, and Celia Hudgins to rezone Planning Commission 20150903 Page 5  28.05+ acres at 1625, 1633 and 1635 Power Plant Parkway, along with unaddressed parcels off of W. Queen Street [ LRSN: 3004765, 3004766, 3004773, 3004774, 3004775, 3004776] to Multiple Dwelling MD -2) District with proffered conditions; WHEREAS: the property is currently zoned One Family Residence (R - 11) District; WHEREAS: the Hampton Community Plan ( 2006, as amended) recommends medium density residential land use, which the Plan further specifies is between 9 and 15 units per acre; WHEREAS: the Hampton Community Plan also promotes the efficient use of land, the protection and enjoyment of environmental features, a diverse mix of housing types, and high quality design; WHEREAS: fifteen ( 15) proffered conditions include a conceptual layout with onsite amenities for residents and a high level of internal pedestrian connectivity, coastal themed building elevations, limiting development to 125 residential units with each building containing up to five units, installing sidewalk along Power Plant Parkway, and a left turn lane into the site off of Power Plant Parkway as approved by Public Works; WHERAS: the proposed density is 13.2± units per acre; WHEREAS: the prosed development, with the exception of the water access, would be constructed outside of the Chesapeake Bay Preservation District and the AE Flood Zone areas; and WHEREAS: no one from the public spoke for or against this proposal. NOW, THEREFORE, on a motion by Commissioner Carlton Campbell and seconded by Commissioner Gregory Williams, BE IT RESOLVED that the Hampton Planning Commission recommends to City Council approval of Rezoning Application No. 15- 00003, subject to fifteen ( 15) proffered conditions. A roll call vote on the motion resulted as follows: AYES: Williams, Campbell, McCloud, Schmidt, Bunting, LaRue NAYS: None ABST: None ABSENT: Southall Planning Commission 20150903 Page 6  B. Use Permit Application No. 15- 00007: by Hannah Carruthers to operate a day care 3 at 2625 N. Armistead Ave [ LRSN 7001710) for 196 children with 30 employees. The property is zoned One -Family Residential ( R - 11) District, which permits a day care 3 subject to approval of a use permit. The property is also located in 70 -75db DNL noise contour of the air installation compatible use zones ( AICUZ), as well as the Coliseum Central master plan area. The Hampton Community Plan ( 2006, as amended) recommends public /semi- public for this area. City Planner Lucy Stoll presented the staff report, a copy of which is attached hereto and made a part hereof. This is a request for a use permit to operate a day care. The proposed day care would operate within an existing religious facility. Clients will range in age from zero to twelve years. While the applicant originally requested a capacity of 196 children and 30 employees, after reviewing the building code and existing conditions and working with the applicant, staff is recommending a condition to limit the applicant to a maximum occupancy of 100 people. Proposed hours of operation are S: OOAM - 9: OOPM Monday through Saturday. The applicant is proposing to operate within an existing building. The property is zoned One -Family Residential ( R - 1 l) which allows for a day care 3 with a use permit. The site provides sufficient parking for the day care operation and appropriate vehicle circulation for drop -off and pick -up. The Hampton Community Plan ( 2006, as amended) recommends public /semipublic use for this site. The Plan sets out a vision that " Hampton' s children and youth will thrive and succeed in a caring community," and establishes policies that support this vision. The proposed day care is in alignment with the policies and vision of the Hampton Community Plan. If this application is approved, staff recommends attaching conditions that, among others, address hours of operation, capacity, and the nullification and revocation clauses. Staff recommends approval of Use Permit Application # 15 -00007 with 10 conditions. Ms. Stoll stated there was no receipt of any letters or other notification of opposition or support. In response to a question from Commissioner Campbell, applicant Hannah Carruthers stated she was speaking on behalf of Sharon Baptist Church where the day care will be located. In response to why a community meeting was not held, it was decided after talking with staff that this request was a non -controversial issue since it is a religious establishment. In addition, the clientele will start with their church membership. The Church has a good reputation in the community. Planning Commission 20150903 Page 7  Commissioner Campbell stated he would encourage the applicant to reach out to the community. Ms. Carruthers stated as far as reducing the number of children, the original proposal for 196 children was based on the amount of space they had. When it was determined after initial discussion with staff and realization of what would be allowed by the building code, it was decided it would not have been a good use of their time and resources. It was better to have a more concise ministry. The extended hours will help accommodate their clients. With the reduction in the number of children, the number of employees will also be reduced. In response to a question from Commissioner Schmidt, Ms. Carruthers stated they will address the noise level from Langley Air Force Base by being up front with the parents and a waiver for the parents will also be provided. In response to a question from Vice -Chair McCloud, Ms. Carruthers stated there was enough green area to buffer any noise that would impact the adjacent neighborhood. She stated traffic was not a concern with the adjacent neighborhood and the Boo Williams Sportsplex located across the street from the Church. Ms. Carruthers stated she had received advice from a consultant from Langley providing different directions to help guide the parents into Langley. In response to Commissioner Campbell as to the availability of the day care to others outside of the church, Ms. Carruthers stated it would be open to others. After discussion, the Commission approved the following resolution: WHEREAS: the Hampton Planning Commission has before it this day a proposal by Hannah Carruthers to operate a day care 3 at 2625 N Armistead Avenue [ LRSN 7001710]; WHEREAS: the property is zoned One Family Residence ( R - 11) 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 an environment in which Hampton' s children and youth will thrive and succeed; 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: no one from the public spoke for or against this proposal. NOW, THEREFORE, on a motion by Commissioner Carlton Campbell and seconded by Commissioner Gaynette LaRue, Planning Commission 20150903 Page 8  BE IT RESOLVED that the Hampton Planning Commission recommends to City Council approval of Use Permit Application No. 15- 00007, subject to ten ( 10) conditions. A roll call vote on the motion resulted as follows: AYES: Williams, Campbell, McCloud, Schmidt, Bunting, LaRue NAYS: None ABST: None ABSENT: Southall C. Use Permit Application No. 15- 00011: by Reverend Dr. Jason Snow on behalf of Wesley United Methodist Church for an active park /playground at 2510 N. Armistead Ave [ LRSN 7001643]. The property is zoned One -Family Residential R - 11) District, which permits active parks /playgrounds with the approval of a use permit. Portions of this property are also within the Flood Overlay ( O -FZ) Zone, Chesapeake Bay Overlay ( O -CBP), and Air Impact Compatible Use Zone ( O- AICUZ. The Hampton Community Plan ( 2006, as amended) recommends public /semi -public for this area. City Planner Alison Alexander presented the staff report, a copy of which is attached hereto and made a part hereof. Wesley United Methodist Church is located at 2510 N. Armistead Avenue, at the intersection of N. Armistead Avenue and Tide Mill Lane, and desires to construct a new active park /playground that will be an ADA accessible playground to serve the community. The property is zoned One -Family Residential ( R - 11) district, which permits publically accessible parks /playgrounds with the approval of a use permit. The site is impacted by other overlay zones, but they do impact the specific site where the park /playground is to be located. There are several public policies that promote this facility which include the following: Promote family, school, and community interaction. Promote access to recreational opportunities for youth. Provide parks and recreational facilities that contribute to health and safety, encourage physical activity, and are accessible to pedestrians and bicyclists. Several conditions apply to this application some of which are location, fencing, lighting, and the revocation clause. This park is geared toward children from ages of 2 to 12 and is anticipated to hold 65 to 75 children. A community meeting was held in November 6, 2014. The applicant has been working through the Neighborhood Commission in order to obtain funding and in working through that process the applicant has done their community outreach. They Page 9 Planning Commission 20150903 have worked with the Riverdale and Tide Mill /Machen communities and the Hampton Community Schools Advisory Committee. There has been no further input in support or opposition since that time. Staff recommends approval of Use Permit Application # 15 -00011 with 7 conditions. In response to a question from Commissioner LaRue about there being any other ADA accessible playgrounds in the City, Ms. Alexander stated she is not well versed in knowing which City playgrounds are ADA accessible. In response to a question from Commissioner Williams, Ms. Alexander stated that there were no hours of operation. In response to questions from Vice -Chair McCloud, Ms. Alexander stated the hours of operation will be up to the Church. The public will be allowed to use the playground. Because the Church opened the playground for use by those other than the Church community, the Church was required to apply for the use permit. In response to a question from Vice -Chair McCloud, Mr. O' Neill stated that public parks, unless otherwise specified, are open from sunup to sundown. As this playground is privately owned, the use permit will not set the hours of operation. This is a topic to discuss with the applicant. Commissioner Bunting stated there are other ordinances that would help, such as the curfew ordinance. Vice -Chair McCloud expressed concern as to who would manage the playground when no one was at the Church. Commissioner Campbell stated a condition could be added to the use permit that would restrict the hours. In response to a question from Commissioner Schmidt, Ms. Alexander stated staff did not recommend a chain link fence because of aesthetic purposes as the location is a fairly visible street along Armistead Avenue and Tide Mill Lane. The applicant agreed to this recommendation after looking over the conditions. Jason Snow, 8 Bexley Lane, stated he is the pastor for Wesley United Methodist Church. Reverend Snow stated it was never their intention to have 24 -hour playground accessibility. The process to build this ADA -accessible playground started l Y2 years ago. It is an expensive process to have a playground that will allow all children accessibility and the church recognized it would require assistance to make this happen. They applied to the Neighborhood Commission in September of 2014 to go through the grant process and the grant was approved in June 2015. The playground will be located next to the fellowship hall side of the building. It will be completely fenced in because the road is right next to the play area. Plans were to have something more aesthetically pleasing than a chain link fence, but it would still be safe. Planning Commission 20150903 Page 10  In response to questions about the fencing from Commissioners LaRue and Campbell, Reverend Snow stated the playground will be closed in with a 3 to 5 foot high fence with a door to get in although it will be not be locked. In response to a question from Commissioner Campbell about the community meeting having been held in 2014 and other possible community interest, Vice -Chair McCloud stated when the Neighborhood Commission partners with other groups it shows the support of the neighborhood. Mr. O' Neill explained to receive a Neighborhood Commission grant one goes through an extensive process and outreach with the neighborhood. The Church has gone through this process and it has been vetted at the Neighborhood Commission when the application was evaluated. The Church met all the criteria, value, and requirements of the grant in terms of community outreach and community partnership. Mr. O' Neill stated he concurs with Vice -Chair McCloud' s conclusion that the Neighborhood Commission would not have approved the grant if there was opposition or anything other than support from the Commission and the neighborhood. Mr. O' Neill stated the Planning Commission has the authority to discuss additional conditions with the applicant and if it is something the Commission would like to include, such as the hours of operation that could be noted in their documentation before forwarding it to City Council. In response to a question from Commissioner LaRue regarding whether the Pastor had any reservations with adding a condition concerning hours of operation, Pastor Snow stated that signage stating hours of operation could be posted as they do not plan to lock the gate. Mr. O' Neill clarified to the Commissioners that if posted hours are added as a condition of the use permit and there is a complaint and the Church is found to be in violation, that action would be enforceable by the inspectors. Vice -chair McCloud expressed concern about the gate to the playground being left open and questioned who would be considered in violation if no one is at the Church even with signage posted stating the hours. Senior Assistant City Attorney Bonnie Brown stated that if a notice is received it will go to the owner of the property which in this case is the church. In response to questions from Commissioner Williams, Mr. O' Neill stated the major difference is that publicly owned facilities, such as Buckroe Beach, is that the park rangers and police enforce the rules and regulations associated with the park facility and a church with a use permit is under a City Code enforcement process. There are a number of ordinances that control after hours use of properties. In response to a question from Commissioner LaRue, Ms. Alexander stated staff did not discuss the afterhours issue regarding the playground. Commissioner Campbell stated there are a number of churches throughout the City that are not burdened with hours of operation being placed on them. Page 11 Planning Commission 20150903  Mr. O' Neill stated that Commissioner Campbell' s statement was correct and that the trust is in the churches policing their own properties. Churches have a vested interest in doing so. Wesley United Methodist Church was given a grant which means this Church has forged a strong partnership with the community and the Church' s partners. These facilities sometimes have special events for children that are not during regular church hours. Vice -Chair McCloud stated his concern for those who live nearby and the noise that may be created by the playground. He is concerned that no one will manage the playground after hours and what is going on. The curfew may take care of it. Commissioner Campbell stated that churches with playgrounds, if open to the public, should be open for the public to use during reasonable hours. Commissioner Schmidt compared this playground to the basketball court application heard earlier in the year by the Commission and stated the basketball court had attracted older children and young adults. The type of equipment at the Church will not encourage teenagers. The school down the street has a playground. Vice -Chair McCloud stated this application has only raised the issue because it requires a use permit and a use permit usually has limits placed on it. Commissioner Williams expressed his concern is the possibility of transients with the playground being open. A sign would not deter these types of people. When asked by several Commissioners if a sign could be posted to limit the hours the public could use it, Ms. Brown stated that would have to be connected in some way to a land use and that she is not certain how that could be done. A sign might state " to be used during Church hours ". Commissioner LaRue stated there is an elementary school with a playground down the street from the Church and that the Neighborhood Commission does not have a problem with the applicant' s request. Commissioner LaRue stated she is inclined to support the request as it stands. Sammy Turbeville, 7 Tide Mill Lane, stated the Church property abuts his property and he, as his father' s agent, is all for the Church having the playground. Mr. Turbeville stated his concerns were if the playground would impact the wetlands; the possibility of transients being on the property when children come to use the playground; and the many accidents that happen at this intersection. He also stated concern about the police having visibility of the playground from their vehicles. Mr. Turbeville stated they would hel in any way they can. The noise is not an issue as Hampton Christian School is on the other corner of Tide Mill and Armistead and children play there all the time. In response to a question from Commissioner Campbell, Ms. Alexander stated that not having a chain link fence was an aesthetic issue as the intersection is a fairly prominent corner. Also the applicant was not considering the use of a chain link fence. Planning Commission 20150903 Page 12  In response to the questions concerning the fencing, Reverend Snow stated that although the fencing will not be chain link, one will be able to see through it; he gave the fence at Ivy Memorial Baptist Church as an example. Staff recommends approval of Use Permit Application # 15- 00011 with 7 conditions. Commissioner LaRue stated she was impressed with the church taking on the ADA playground. After discussion, the Commission approved the following resolution: WHEREAS: the Hampton Planning Commission has before it this day a proposal by Reverend Dr. Jason Snow on behalf of Wesley United Methodist Church for an active park /playground at 2510 N. Armistead Avenue [ LRSN 7001643]; WHEREAS: the Hampton Community Plan ( 2006 as amended) recommends public /semi -public use for this property, and the policies of the Plan call for promoting family, school, and community interaction; promoting access to recreational opportunities for youth; and providing parks and facilities that contribute to health and safety, encourage physical activity, and are accessible to pedestrians and bicyclists; WHEREAS: the site is currently zoned One -Family Residential ( R - 11) District, which permits active parks /playgrounds with an approved use permit; WHEREAS: the site is also in the Chesapeake Bay Preservation Overlay (O -CBP) District, Flood Zone Overlay ( O -FZ) District, and Air Installation Compatible Use Zone Overlay ( O- AICUZ) District, none of which impact the proposed use; WHEREAS: seven conditions are attached to address, among other things, location, fencing, lighting, and a revocation clause; and WHEREAS: one person from the public spoke on this proposal. NOW, THEREFORE, on a motion by Commissioner Gaynette Larue and seconded by Commissioner Carlton Campbell, BE IT RESOLVED that the Hampton Planning Commission does recommend to City Council approval of Use Permit Application No. 15- 00011, subject to seven ( 7) conditions. A roll call vote on the motion resulted as follows: Page 13 Planning Commission 20150903  AYES: Williams, Campbell, McCloud, Schmidt, Larue NAYS: None ABST: Bunting ABSENT: Southall D. Use Permit Aoolicatlon No. 15- 00012• by David Leonardi DBA Papa Ciccio' s Italian Family Restaurant for live entertainment inside Papa Ciccio' s Italian Family restaurant at 87 Lincoln Street [ LRSN 2003249]. The property is zoned Downtown Business ( DT -1) District, which permits live entertainment in association with a restaurant subject to securing a use permit. The Hampton Community Plan ( 2006, as amended) recommends mixed use for this site. City Planner Alison Alexander presented the staff report, a copy of which is attached hereto and made a part hereof. The applicant proposes providing live entertainment at an existing restaurant located at 87 Lincoln Street. Entertainment to be offered will focus on open mic nights, karaoke, and music for group reservations /private parties. The property is a mixed -use property and is zoned Downtown Business ( DT -1) District, which allows for live entertainment with a use permit. The Hampton Community Plan ( 2006, as amended) calls for nurturing small and startup businesses and expanding tourism and entertainment opportunities within the City. Live entertainment at Papa Ciccio' s, an independently run restaurant, is consistent with the policies and goals of the Plan. Requested hours of live entertainment are from 10:30AM until 10: 00PM Monday through Thursday, 10:30AM until 11: OOPM on Friday and Saturday and 11: 00AM until 9: OOPM on Sunday. Staff recommends hours of Sunday through Thursday from 11: OOAM to 12:OOAM and Friday and Saturday from 11: OOAM to 2:00 AM. Staff proposes more extensive hours than those requested to remain consistent with other use permits for live entertainment in the Downtown, and to allow future operational flexibility. The restaurant is located in two storefronts of the shopping center. The applicant would like to offer live entertainment on an 8' x12' stage, primarily for parties for varying audiences. The Downtown Hampton Development Partnership ( DHDP) submitted a letter in approval of this application. Staff recommends approval of UP application # 15 -00012 with twelve ( 12) attached conditions. There was no community meeting and the applicant was not present. There were no speakers. After discussion, the Commission approved the following resolution: Planning Commission 20150903 Page 14  WHEREAS: the Hampton Planning Commission has before it this day a proposal by David Leonardi DBA Papa Ciccio' s Italian Family Restaurant for live entertainment inside Papa Ciccio' s Italian Family restaurant at 87 Lincoln Street [ LRSN 2003249); WHEREAS: the Hampton Community Plan ( 2006 as amended) recommends mixed use for this property, and the policies of the Plan call for supporting the City' s economic development; expanding entertainment opportunities throughout Hampton; and nurturing small and startup businesses; WHEREAS: the site is currently zoned Downtown Business ( DT -1) District, which permits indoor live entertainment 2 with an approved use permit; WHEREAS: twelve conditions are attached to address, among other things, location, hours of operation, sound, and a revocation clause; and WHEREAS: no one from the public spoke for or against this proposal. NOW, THEREFORE, on a motion by Commissioner Teresa Schmidt and seconded by Commissioner Greg Williams, BE IT RESOLVED that the Hampton Planning Commission does recommend to City Council approval of Use Permit Application No. 15- 00012, subject to twelve ( 12) conditions. A roll call vote on the motion resulted as follows: AYES: Williams, Campbell, McCloud, Schmidt, Bunting, Larue NAYS: None ABST: None ABSENT: Southall Secretary to the Commission Terry O' Neill stated the following agenda items are all related. They will be read collectively, comments will be entertained, comments will be taken, and action will then be taken on each item separately. E. Zoning Ordinance Amendment No. 167 -2015: Ordinance To Amend And Reenact Chapter 1 Of The Zoning Ordinance Of The City Of Hampton, Virginia Entitled " General Provisions" By Amending Section 1 - 30 Pertaining To General Green Area Requirement. Approval of this amendment would include PH -1 ( Phoebus Business District) among the districts that are exempt from the general requirement to set aside 10% of a lot for trees, shrubs, and turf. This item is proposed in conjunction with Zoning Ordinance Amendments 171 - 15, 172 -15, 173 -15, 174 -15, and 175 -15 to establish a new commercial zoning district for Phoebus in support of the recommendations of the Phoebus Master Plan ( 2007, as amended). Page 15 Planning Commission 20150903  F. Zoning Ordinance Amendment No. 171 - 2015: Ordinance To Amend And Reenact Chapter 2 Of The Zoning Ordinance Of The City Of Hampton, Virginia Entitled " Definitions" By Amending Section 2 -2 Entitled, " Definitions" Pertaining To Primary Entrances, Signs and Small Artisan Shops. This item is proposed in conjunction with Zoning Ordinance Amendments 167 -15, 172 -15, 173 -15, 174 -15, and 175 -15 to establish a new commercial zoning district for Phoebus in support of the recommendations of the Phoebus Master Plan 2007, as amended). G. Zonina Ordinance Amendment No. 172 -2015. Ordinance To Amend And Reenact Chapter 3 Of The Zoning Ordinance Of The City Of Hampton, Virginia Entitled " Uses Permitted" By Amending Section 3- 2 To Add The New Zoning District Titled PH -1 ( Phoebus Business District) To the Use Table and Section 3-3 Pertaining to Additional Standards On Permitted Uses. This item is proposed in conjunction with Zoning Ordinance Amendments 167 -15, 171 - 15, 173 -15, 174 -15, and 175 -15 to establish a new commercial zoning district for Phoebus in support of the recommendations of the Phoebus Master Plan 2007, as amended). Approval of this amendment would govern the uses permitted in the new PH -1 ( Phoebus Business) district. H. Zoning Ordinance Amendment No 173 -2015. Ordinance To Amend And Reenact Chapter 8 Of The Zoning Ordinance Of The City Of Hampton, Virginia Entitled " Special Districts" By Adding Article 7 - Phoebus Districts As Part Of the Adoption Of A New Zoning District For The Commercial District of The Phoebus Neighborhood. Approval of this amendment would create a new zoning district appropriate for the historic and commercial core of Phoebus with new development regulations that limit the required parking on individual sites, place parking to the rear of buildings, regulate lot depth, building height, building setbacks, and fapade composition in order to support pedestrian activity and ensure development consistent with the overall scale of historic Phoebus. This item is proposed in conjunction with Zoning Ordinance Amendments 167 -15, 171 - 15, 172 -15, 174 -15, and 175- 15 in support of the recommendations of the Phoebus Master Plan ( 2007, as amended). Zoning Ordinance Amendment No 174 -2015. Ordinance To Amend And Reenact Chapter 10 Of The Zoning Ordinance Of The City Of Hampton, Virginia Entitled " Signs" By Amending Article 2, Section 10- 10 As Part Of The Adoption Of A New Zoning District For The Commercial District Of The Phoebus Neighborhood. Approval of this amendment would regulate the types of signs permitted and prohibited in the new PH -1 ( Phoebus Business) district. This item is proposed in conjunction with Zoning Ordinance Amendments 167 -15, 171 - 15, 172 -15, 173 -15, and 175 -15 in support of the recommendations of the Phoebus Master Plan ( 2007, as amended). I Zoning Ordinance Amendment No 175 -2015. Ordinance To Amend And Reenact Chapter 11 Of The Zoning Ordinance Of The City Of Hampton, Planning Commission 20150903 Page 16  Virginia Entitled " Parking" By Amending Section 11 - 8 Pertaining To Parking Credits, Exemptions And Reductions As Part Of The Adoption Of A New Zoning District For The Commercial District Of The Phoebus Neighborhood. Approval of this amendment would exempt or reduce certain uses in the PH- 1 ( Phoebus Business) district from the general parking requirements set forth in Chapter 11. This item is proposed in conjunction with Zoning Ordinance Amendments 167 -15, 171 - 15, 172 -15, 173 -15, and 174 -15 in support of the recommendations of the Phoebus Master Plan ( 2007, as amended). K. Rezonina Application No. 15- 00004: by the City of Hampton to rezone 45.3+ acres including 14 E County St., 2 - 300 E Mellen St ( both sides of the street), 608 and 617 E Mercury Blvd, 111 Howard St ( excluding the portion directly adjacent to the Howard St right -of -way for a depth of 90', 20 and 170 Libby St, 1 - 200 N Mallory St ( both sides of the street, but only a 200' deep portion, measured from the right -of -way, of 42 and 50 N Mallory St), 14 N Willard Ave, 110 S Curry St, 13, 15, and 122 S Hope St, 1 - 241 S Mallory St ( both sides of the street), 104 S Willard Ave, 1 1 - 25 Tennis Ln ( odd addressed side only), 6, 8 and 10 W County St, 1 - 18 W Mellen St ( both sides of the street), 23, 28, 48, and 52 Water St, along with a number of unaddressed parcels on E Mellen St, Lancer St, Libby St, N Mallory St, S Hope St, S Mallory St, Tennis Ln, W Mellen St, Downes St, and Water St designated as LRSNs: 12001 123, 12001 124, 12001130, 12001131, 12001134 - 12001140, 12001143, 12001145, 12001146, 12001148, 12001157, 12001161, 12001162, 12001326, 12001335, 12001337 - 12001342, 12001346, 12001352, 12001354 - 12001358, 12001367, 12001370, 12001371 - 12001386, 121001388 - 12001409, 12001418 - 12001421, 12001434, 12001452 - 12001454, a portion of 12001455 to a depth of 155' from the S Mallory St right - of -way, 12001456, 12001507 - 12001521, 12001536, 12001611, 12001661, 12001704, 12001732, 12001966, 12001967 - 12001976, 12001979, 12001981 - 12002001, 12002004, 12002005, 12002812, 12008745, 1300219] from Two Family Residential ( R -8) District, One Family Residential ( R - 13) District, Neighborhood Commercial ( C -1) District, Limited Commercial ( C -2) District, Light Manufacturing ( M -2) District, and Heavy Manufacturing ( M -3) District to Phoebus Business ( PH -1) District. The Hampton Community Plan ( 2006, as amended) and Phoebus Master Plan ( 2007 as amended) recommend the development of a mixture of residential and commercial land uses in a pedestrian oriented development pattern for this area. This rezoning is a zoning map amendment that identifies the boundaries of the new PH - 1 Phoebus Business) zoning district and accompanies the adoption of the zoning ordinance text amendments associated with PH -1 ( Phoebus Business District) including ZOAs 167, 171, 172, 173, 174, and 175 -2015. Together, all of the amendments will constitute a new base zoning district for the commercial core of Phoebus. Chief Planner Mike Hayes presented the staff reports of six Zoning Ordinance Amendments and one rezoning application, copies of which are attached hereto and made a part hereof. Planning Commission 20150903 Page 17  These Zoning Ordinance amendments and the one rezoning without conditions are an opportunity to place base zoning on these properties. Staff is requesting the adoption of the Phoebus Business District ( PH - 1) which will cover the core commercial area of Phoebus. An effort has been made to move forward with the Phoebus Master Plan and the focus is on the commercial area. Phoebus has a traditional pattern to its development. Businesses tend to be pulled forward to the street and there are a lot of small lots in the area. It is a different development plan than the current zoning encourages. The original ordinance was written in 1960 and even though there have been a few amendments since, some of the older areas, such as Phoebus, have not received the special attention they need in order to have districts that fit their development patterns; this is an attempt to do so. Phoebus has a National designation of historic boundaries, but is not a local historical preservation district. The National designation allows for tax credits for meeting certain standards, but one is not required to meet those standards. A local historic preservation district would limit the ability to tear down historic buildings, limit the ability to make changes to those buildings, and detail requirements for repairs and new development in that district. The Phoebus Master Plan had action updates that accompanied it when approved by City Council. At the top of the updates were action items, and updating the zoning was a key highlight. Staff has continued to work with the Partnership for a New Phoebus and a number of stakeholder groups in developing this district. There are a number of zoning districts. There are a number of current zoning districts that apply to properties in this area and they vary from residential to manufacturing. The standards for development in the C -2 commercial areas along the length of Mercury Boulevard do not apply to Phoebus even though they may have the same zoning designation ( C -2). Differences are parking in the front of buildings, the heights of buildings, and the types of buildings that can be built. Phoebus is different. Mallory Street even includes some M -2 ( manufacturing) district property. The Wanchese property is a waterfront property with an almost industrial use and is split between C -2 ( commercial) and R - 13 ( single -family residential). It carries a non- conforming, but grandfathered use. A change in the zoning district will not change the standing of that business. If a property exists legally now, a change in zoning will not inherently push anyone out. Proposed is to promote a mixed -use, retail, restaurant, arts and cultural hub. The core of Phoebus is seen as a hub for these types of activities. Zoning is being looked at to see how these building standards and development fit. The particular uses are also being looked at in the district. There are not a lot of changes in PH - 1, but some changes would allow micro -breweries and distilleries. Part of the process is looking at the use of small artisan shops which would allow metal works or woodworks on a small scale for artisans. Planning Commission 20150903 Page 18  In keeping the pedestrian- orientation in mind, one would need a use permit for drive -thrus such as gas stations, as gas stations are now developed differently than when Phoebus was first developing. Each site would need to be looked at to see how it would fit with the surrounding environment. One change would be to bring buildings up to the property line. There would be an opportunity for a small setback if a courtyard is created providing such amenities as seating and lighting. Building heights will be capped at three stories. A signage package would be brought forward that would limit the signage to what is appropriate for a walkable community. This would allow for more creative signs like wall painted signs. The Phoebus Master Plan was adopted in 2013 and has had community involvement throughout the process. Partnership for a New Phoebus has also helped in the process by reaching out to stakeholders and property owners and getting their feedback along the way. Staff recommends approval of Zoning Ordinance Amendments 167 -2015, 171- 2015, 172 -2015, 173 -2015, 174 -2015, 175 -2015 and Rezoning Application No. 15- 00004. In response to a question from Commissioner Campbell regarding drive- thrus, Mr. Hayes stated PH - 1, to a certain extent, has tried to maintain a sense of small feel and look of community. Newer development is migrating toward a look that Phoebus already has which is a walkable district. In response to Commissioner Campbell' s question about a specific district tailored to Phoebus being written into the Master Plan, Mr. Hayes stated that it was not, but it was an action item attached to the Master Plan. The stakeholders and the Partnership for a New Phoebus have seen this information and language along the way. A letter of support has been received from the Partnership for a New Phoebus. In response to a question from Commissioner Schmidt regarding not allowing manufacturing, Mr. Hayes stated there is a distinction between a large scale brewery and a micro -brewery and a micro -brewery would be allowed. He is not certain about Mango- Mango' s operation. Zoning Administrator Jeff Conkle stated that Mango -Mango was evaluated and it was determined that their manufacturing is an accessory use to their primary restaurant use. Items such as this are scrutinized to determine the type of use and category. Mr. Hayes stated in response to a question from Vice -Chair McCloud that PH - 1 is a direct implementation of the Master Plan as were the overlays in the Buckroe Master Plan. Secretary to the Commission /Director of Community Development Terry O' Neill stated an example of this as encouraged in the Phoebus Master Plan is to have a mixed -used vertically in a building with retail below and an apartment above. When the Plan was adopted the Zoning Ordinance did not support that concept. Temporary fixes have been done in the meantime, but what has been proposed is to coordinate Planning Commission 20150903 Page 19 the pictures and recommendations in a more comprehensive and more integrated way and allow them as hoped for in the Plan. Bruce Scott, 42 Bainbridge Avenue, stated his complex is located behind a cemetery and not in the impacted area, but he is interested to find out what is going on. He stated he would appreciate being able to bike ride and walk towards Fort Monroe and enjoy Phoebus as a pedestrian. It is hard to get around during rush hour or in the summer when people use his street as a cut -through in order to get to the interstate. Mr. Scott also expressed an interest in the possibility of a micro -brewery. Richard Levin, owner of 31 - 33 Mellen Street, stated that Phoebus is a great area. He has purchased several Mellen Street properties including restaurants and is also working with the micro -brewery. The brewery will work with the restaurants. Customers will be able to order food from the local food establishments. He is selective in what he will bring in as it is important as to what is brought into Phoebus. Mr. Levin stated that the City of Hampton has been a pleasure to work with and he is excited about what the Planning Department is doing. In response to Mr. Levin' s question, Mr. Hayes stated that box signs would not be allowed. Mr. Levin stated he would like to make a suggestion that special exceptions be allowed on manufacturing and drive -thrus on Mellen Street and to allow by special exception drive -thrus such as banks on Mallory. Tattoo parlors are also a use that has become fashionable. Missy Martinovich, 4635 Town Creek Drive, Williamsburg, stated she is a commercial real estate agent. She is attending this meeting because she is excited by what is going on in Phoebus. Ms. Martinovich stated her questions have already been answered. Mark ( Maida) Suiter, 306 Autumn Way, Yorktown, stated he is the Vice President of Maida Property which has been in Phoebus since 1947. One of the Maida' s properties shows on one of the maps as in the proposed PH - 1 district, but it is not shown on another one of the PH -1 related maps. The property in question is on Howard Street, between the streets of Mallory and Williams. He asked for clarification. In response to Mr. Suiter' s statement, Mr. Hayes stated that the applicant was correct and the property should not have been shown on the map as being in PH -1. Mr. Suiter explained that the Maida factory formerly located in Phoebus between Libby and Mallory streets was originally in downtown Hampton. When Hampton wanted to build Mill Point, Maida was moved to Phoebus. He is in support of upgrading Phoebus, but is concerned about the PH -1 restraints. Maida does not want to end up with a piece of property they cannot do much with. Planning Commission 20150903 Page 20  This property is bound by a McDonald' s, a bank, two commercial office buildings that are vacant, a gas station, apartments, and houses - some of which are abandoned. The diagrams seen and the desires of mixed -use on that property seem to be a stretch for where their property is located. People do not want to pay good money for their property because of what is around the building. Maido does not want to create something when real estate developers they have spoken with have said the property would require a rent that would be more than the property could support right now. People sleep on the porches of houses that can be seen from the Maida property. It would be better if the property between Libby Street and Mallory Street was zoned multifamily residential. The manufacturing building has already been torn down. They have spoken with developers about putting apartments there that would improve Phoebus, would not compete with any retailers, but would create additional customers. At the level it is now, they can find no one who has any interest. Mr. Suiter stated that Maida Properties requests that the piece of property in question be zoned residential because it cannot be marketed with the PH -1 zoning. Mr. Hayes stated the property in question is the 4. 9 acres located on Mallory Street. Mr. O' Neill stated the Commission does not have the ability to rezone the property in question as requested by Mr. Suiter at this time. Mr. Hayes explained that multifamily would be permitted on this property in the proposed PH -1 zone, but it would have to meet certain requirements. The applicant could still apply for a rezoning on the property. In response to a question from Commissioner Campbell as to why the property is included in the current proposal, Mr. Hayes stated it is included because it was in the original Master Plan. In response to a question from Commissioner LaRue, Mr. Hayes explained that although multifamily would be permitted on this parcel, it might be required to be more urban in nature to fit in with the older, more traditional style of Phoebus. It may not fit in with the Plan for Phoebus and what the Partnership for a New Phoebus wants. Mr. O' Neill stated this pertains to where the building(s) would be located and how they address the street. A lot of it is about form; some builders are used to and comfortable in building urban settings. Mr. Suiter stated one restriction is the extension of Howard Street that bisects the property. That would inhibit the pedestrian- oriented neighborhood. Maida was told by Planning that their plan needed sharp corners on buildings, coffee shops on the first floor, and that they would recommend against garden -style apartments. Maida has found that banks do not like to lend on buildings that have commercial on the bottom floor. They feel this space supports residential more than commercial and they would prefer a regular multifamily residential zoning. Page 21 Planning Commission 20150903  Mr. Hayes stated this proposed zoning change would not require the road to go through the Maida property. The requirements on the Maida property would be the same as the other properties. In response to a question from Vice -Chair McCloud, Mr. Hayes stated an applicant can always apply for a rezoning on their property. Mr. O' Neill answered Commissioner Campbell' s question that if PH - 1 is approved the property owner could build multi -family by right. Ned Maida, 133 Spooner Court, Yorktown, stated as an inducement to move Maida from downtown Hampton to Phoebus, the City got rid of Howard Street and changed the deed. When Maida applied for a rezoning they were told by Planning that Howard Street would have to be restored, and they were told by their developer that restoring Howard Street would make their plan no longer viable. Zoning Ordinance Amendment No 167 -2015 WHEREAS: the Hampton Planning Commission has before it this day an Ordinance To Amend And Reenact Chapter 1 Of The Zoning Ordinance Of The City Of Hampton, Virginia Entitled " General Provisions" By Amending Section 1 - 30 Pertaining To General Green Area Requirement; WHEREAS: the proposed amendment would include Phoebus Business District PH - 1) among the districts that are exempt from the general requirement to set aside 10% of a lot for trees, shrubs, and turf; WHEREAS: the Hampton Community Plan ( 2006, as amended) identifies the commercial core of Phoebus as a mixed -use district; WHEREAS: the Phoebus Master Plan recommends development that enhances the traditional pedestrian- oriented atmosphere, which is urban in nature and brings buildings up to the sidewalk; WHEREAS: this amendment is part of a package of amendments to create the Phoebus Business District ( PH - 1); and WHEREAS: two members of the public spoke in favor of the rezoning and two members of the public asked that the district not be applied to the property at 20 Libby Street. NOW, THEREFORE, on a motion by Commissioner Teresa Schmidt and seconded by Commissioner Gaynette LaRue, BE IT RESOLVED that the Hampton Planning Commission recommends to City Council approval of Zoning Ordinance Amendment No. 167 -2015. A roll call vote on the motion resulted as follows: Planning Commission 20150903 Page 22  AYES: Williams, Campbell, McCloud, Schmidt, Bunting, LaRue NAYS: None ABST: None ABSENT: Southall Zoning Ordinance Amendment No. 171 - 2015 WHEREAS: the Hampton Planning Commission has before it this day an Ordinance To Amend And Reenact Chapter 2 Of The Zoning Ordinance Of The City Of Hampton, Virginia Entitled " Definitions" By Amending Section 2 -2 Entitled, " Definitions" Pertaining To Primary Entrances, Signs and Small Artisan Shops; WHEREAS: the Hampton Community Plan ( 2006, as amended) identifies the commercial core of Phoebus as a mixed -use district; WHEREAS: the Phoebus Master Plan recommends development that enhances the traditional pedestrian- oriented atmosphere and builds upon Phoebus' history and existing assets as they pertain to the arts and a unique atmosphere; WHEREAS: this amendment is part of a package of amendments to create the Phoebus Business District ( PH -1); and WHEREAS: two members of the public spoke in favor of the rezoning and two members of the public asked that the district not be applied to the property at 20 Libby Street. NOW, THEREFORE, on a motion by Commissioner Teresa Schmidt and seconded by Commissioner Gaynette LaRue, BE IT RESOLVED that the Hampton Planning Commission recommends to City Council approval of Zoning Ordinance Amendment No. 171 - 2015. A roll call vote on the motion resulted as follows AYES: Williams, Campbell, McCloud, Schmidt, Bunting, LaRue NAYS: None ABST: None ABSENT: Southall Zoning Ordinance Amendment No. 172 -2015 WHEREAS: the Hampton Planning Commission has before it this day an Ordinance To Amend And Reenact Chapter 3 Of The Zoning Page 23 Planning Commission 20150903  Ordinance Of The City Of Hampton, Virginia Entitled " Uses Permitted" By Amending Section 3-2 To Add The New Zoning District Titled PH -1 ( Phoebus Business District) To the Use Table and Section 3-3 Pertaining to Additional Standards On Permitted Uses; WHEREAS: the Hampton Community Plan ( 2006, as amended) identifies the commercial core of Phoebus as a mixed -use district; WHEREAS: the Phoebus Master Plan recommends development that enhances the traditional pedestrian- oriented atmosphere and builds upon Phoebus' history and existing assets as they pertain to the arts and a unique atmosphere; WHEREAS: key distinctions in the proposed uses within this district include being more permissive with respect to residential over commercial uses, be more permissive with respect to outdoor dining, permit micro- breweries/ wineries/ distilleries, and require use permits for auto - oriented uses ( drive -thrus and gas stations), WHEREAS: this amendment is part of a package of amendments to create the Phoebus Business District ( PH - 1); and WHEREAS: two members of the public spoke in favor of the rezoning and two members of the public asked that the district not be applied to the property at 20 Libby Street. NOW, THEREFORE, on a motion by Commissioner Teresa Schmidt and seconded by Commissioner Gaynette LaRue, BE IT RESOLVED that the Hampton Planning Commission recommends to City Council approval of Zoning Ordinance Amendment No. 172 -2015. A roll call vote on the motion resulted as follows: AYES: Williams, Campbell, McCloud, Schmidt, Bunting, LaRue NAYS: None ABST: None ABSENT: Southall Zonina Ordinance Amendment No. 173 -2015 WHEREAS: the Hampton Planning Commission has before it this day an Ordinance To Amend And Reenact Chapter 8 Of The Zoning Ordinance Of The City Of Hampton, Virginia Entitled " Special Districts" By Adding Article 7 - Phoebus Districts As Part Of the Adoption Of A New Zoning District For The Commercial District of The Phoebus Neighborhood; Planning Commission 20150903 Page 24  WHEREAS: the Hampton Community Plan ( 2006, as amended) identifies the commercial core of Phoebus as a mixed -use district; WHEREAS: the Phoebus Master Plan recommends development that enhances the traditional pedestrian- oriented atmosphere and builds upon Phoebus' history and existing assets as they pertain to the arts, dining, and a unique atmosphere; WHEREAS: key distinctions in the proposed new district include requiring new commercial and mixed -use buildings to be built to the front property line, with an exception for courtyards, incorporating substantial fenestration on the first floor, creating a minimum height of eighteen feet and maximum of three stories or fifty feet, and placing any onsite parking to the rear of the building; WHEREAS: this amendment is part of a package of amendments to create the Phoebus Business District ( PH - 1); and WHEREAS: two members of the public spoke in favor of the rezoning and two members of the public asked that the district not be applied to the property at 20 Libby Street. NOW, THEREFORE, on a motion by Commissioner Teresa Schmidt and seconded by Commissioner Gaynette LaRue, BE IT RESOLVED that the Hampton Planning Commission recommends to City Council approval of Zoning Ordinance Amendment No. 173 -2015. A roll call vote on the motion resulted as follows: AYES: Williams, Campbell, McCloud, Schmidt, Bunting, LaRue NAYS: None ASST: None ABSENT: Southall Zonina Ordinance Amendment No. 174 -2015 WHEREAS: the Hampton Planning Commission has before it this day an Ordinance To Amend And Reenact Chapter 10 Of The Zoning Ordinance Of The City Of Hampton, Virginia Entitled " Signs" By Amending Article 2, Section 10- 10 As Part Of The Adoption Of A New Zoning District For The Commercial District Of The Phoebus Neighborhood; WHEREAS: the Hampton Community Plan ( 2006, as amended) identifies the commercial core of Phoebus as a mixed -use district; Page 25 Planning Commission 20150903  builds upon Phoebus' history and existing assets as they pertain to the arts, dining and a unique atmosphere; WHEREAS: the proposed amendment recognizes the traditional development pattern of the core commercial area of Phoebus and the vision for future development in the area, WHEREAS: lowering onsite parking requirements relative to the existing commercial districts in recognition of the ample on- street and public parking available is proposed; WHEREAS: this amendment is part of a package of amendments to create the Phoebus Business District ( PH - 1); and WHEREAS: two members of the public spoke in favor of the rezoning and two members of the public asked that the district not be applied to the property at 20 Libby Street. NOW, THEREFORE, on a motion by Commissioner Teresa Schmidt and seconded by Commissioner Gaynette LaRue, BE IT RESOLVED that the Hampton Planning Commission recommends to City Council approval of Zoning Ordinance Amendment No. 175 -2015. A roll call vote on the motion resulted as follows: AYES: Williams, Campbell, McCloud, Schmidt, Bunting, LaRue NAYS: None ABST: None ABSENT: Southall Rezoning Application No. 15 -00004 WHEREAS: the Hampton Planning Commission has before it this day a request by City of Hampton to rezone 45. 3± acres including 14 E County St., 2 - 300 E Mellen St ( both sides of the street), 608 and 617 E Mercury Blvd, 111 Howard St ( excluding the portion directly adjacent to the Howard St right -of -way for a depth of 90', 20 and 170 Libby St, 1 - 200 N Mallory St ( both sides of the street, but only a 200' deep portion, measured from the right -of -way, of 42 and 50 N Mallory St), 14 N Willard Ave, 110 S Curry St, 13, 15, and 122 S Hope St, 1 - 241 S Mallory St ( both sides of the street), 104 S Willard Ave, 11 25 Tennis Ln ( odd addressed side only), 6, 8 and 10 W County St, 1 18 W Mellen St ( both sides of the street), 23, 28, 48, and 52 Water St, along with a number of unaddressed parcels on E Mellen St, Lancer St, Libby St, N Mallory St, S Hope St, S Mallory St, Tennis Ln, W Mellen St, Downes St, and Water St designated as LRSNs: 12001 123, Planning Commission 20150903 Page 27  12001124, 12001130, 12001131, 12001134 - 12001140, 12001143, 12001145, 12001146, 12001148, 12001157, 12001161, 12001162, 12001326, 12001335, 12001337 - 12001342, 12001346, 12001352, 12001354 - 12001358, 12001367, 12001370, 12001371 - 12001386, 121001388 - 12001409, 12001418 - 12001421, 12001434, 12001452 - 12001454, a portion of 12001455 to a depth of 155' from the S Mallory St right -of -way, 12001456, 12001507 - 12001521, 12001536, 12001611, 12001661, 12001704, 12001732, 12001966, 12001967 - 12001976, 12001979, 12001981 - 12002001, 12002004, 12002005, 12002812, 12008745, 13002191 to Phoebus Business ( PH -1) District; WHEREAS: the properties are currently zoned a combination of Two Family Residential ( R -8) District, One Family Residential ( R - 13) District, Neighborhood Commercial (C -1) District, Limited Commercial (C -2) District, Light Manufacturing ( M -2) District, and Heavy Manufacturing (M -3) District; WHEREAS: The current zoning standards do not support the vision set forth in the Phoebus Master Plan ( 2007, as amended); WHEREAS: the Hampton Community Plan ( 2006, as amended) identifies the commercial core of Phoebus as a mixed -use district; WHEREAS: the Phoebus Master Plan recommends development that enhances the traditional pedestrian- oriented atmosphere in the commercial core with parking to the rear, taking advantage of public parking, buildings constructed at the sidewalk, large first floor windows, and height limits; WHEREAS: the PH -1 zoning district was specifically designed to provide appropriate use, setback, height, fenestration, parking, and signage standards for the commercial core of Phoebus; and WHEREAS: two members of the public spoke in favor of the rezoning and two members of the public asked that the district not be applied to the property at 20 Libby Street. NOW, THEREFORE, on a motion by Commissioner Mary Bunting and seconded by Commissioner Gregory Williams, BE IT RESOLVED that the Hampton Planning Commission recommends to City Council approval of Rezoning Application No. 15- 00004. A roll call vote on the motion resulted as follows: AYES: Williams, Campbell, McCloud, Schmidt, Bunting, LaRue NAYS: None Planning Commission 20150903 Page 28  ABST: None ABSENT: Southall V. COMMUNITY DEVELOPMENT DIRECTOR' S REPORT A. Dutch Dialogues - Matt Smith, City Planner Due to the extended length of the meeting, the Dutch Dialogues report will be moved to the next meeting date, October 1, 2015. B. Youth Planner Report Junior Youth Planner Virgil Thornton, II presented the September 3, 2015 Youth Planner Report. August has been a productive month for the Youth Planners. They have begun preparing for the upcoming Hampton Youth Commission ( HYC) year. The Youth Planners have established a GroupMe mobile chatroom with the Commissioners. This way, the Commissioners have an easy and convenient way to stay up -to -date on the upcoming annual retreat scheduled for Saturday and Sunday, September 26 -27, 2015, and other training opportunities. During the annual retreat the Commissioners will learn about the history of HYC, the importance of their and the executive' s rolls, Robert' s Rules of Order, team building, and they will craft a work plan for the upcoming year. The Youth Planners have started to plan for a trip to the 2015 Virginia Statewide Neighborhood Conference, being held from Thursday to Friday, September 24 -25, 2015 at the Sheraton Norfolk Waterside Hotel. The Youth Planners and the Youth Commissioners will attend. " The annual Virginia Statewide Neighborhood Conference provides an excellent opportunity for communities from across the Commonwealth to come together and share their knowledge, experience and vision on how to make Virginia' s neighborhoods the neighborhoods of choice." This conference has a Youth Caf6, which is a concurrent conference specifically designed for engaging young people in their communities. At the Youth Cafe, young people interact with their peers to learn about civic engagement, volunteer opportunities, and outreach efforts being undertaken across Virginia, while developing new friendships along the way. The Youth Planners have communicated with the Commissioners regarding the conference, verifying the ones planning on attending, and ensuring all of them are well informed about the event. The first HYC meeting will be held on September 14, 2015. Vice -Chair McCloud and Commissioner Williams welcomed Mr. Thornton and complimented him on his presentation. C. Coliseum Central Master Plan update - Donald Whipple Planner Page 29 Planning Commission 20150903  Chief Planner Donald Whipple presented the Coliseum Central Master Plan update. The Commissioners will have the Coliseum Central Master Plan update in their October Planning Commission packages and they will be asked to endorse this update at that meeting. Master Plans are the more focused strategic geographic areas to the Plan. They are shorter, more immediate in a 5 to 10 year time frame. They address market realities and changes. They focus on " implementation actions" that are typically used in the Capital Improvement Plan. The report contents contain the executive summary, the planning process, the analysis, the redevelopment, and the redevelopment policies, the frameworks for growth, the initiative areas, and the plan implementation. The process started about a year ago with an update of the market study of the area. The stakeholders were engaged. The 2004 Plan was revisited and then work began on updating the Plan. The public input process started with a design charrette in January 2015, a stakeholder checkpoint meeting was held in May 2015, a public checkpoint meeting was held in June 2015, and there were opportunities for online feedback. There has been discussion about the internet changing the traditional retail market, but market analysis still shows the largest demand for retail focuses on restaurants and entertainment. Some large box retail has been growing. Residentially there is still a strong market for apartments and townhouses. There is limited opportunity for new office space in the near -term. There has been a lot of discussion on the hotel situation especially around the Coliseum Central area and the need to reposition to provide more quality hotel rooms for the Convention Center. The marketing analysis shows the need for 2,310 new housing units with average rates between $ 1, 100 for a one -bedroom unit to $ 1, 700 for a three - bedroom unit. There is a need for 250 quality hotel rooms for the short -term, 750 quality hotel rooms for the long -term, and a total goal of 1, 500 rooms. New retail square footage would be between 25, 000 to 45,000 square feet which would be mostly restaurants although there is still the option to add big box retail. The City is still recovering from the economic downturn, but in the near term Class A office space is still an option along with office space in the Peninsula Town Center area, as well as the medical profession around the hospital. For the long- term, future Class A office space is seen for sites that are visible from the interstate and Crossroads area. In addition to the Market Analysis there has been analysis of the street networks, open space and pedestrian connectivity, and transportation. Planning Commission 20150903 Page 30  The redevelopment policies talk about organizing scales of development that are compatible, such as the Coliseum and the Convention Center which are large - scale civic uses. There has been discussion about integration of residential and commercial into mixed -use developments, with Peninsula Town Center offered as a perfect example. Also discussed was the creation of walkable areas that are pedestrian friendly along with more walkable public streets. New ordinance changes are being worked on for Coliseum Central. The Urban Core in the middle of the Coliseum Central District is where the focus will be.. Plans include improving existing streets and adding new street connections. Emphasis has been placed on the importance of open space and connectivity with the green spaces throughout the District, largely through Tide Mill Creek and the Armistead Pointe Park area as it goes into the opportunity to do neighborhood parks around both of the existing elementary and middle schools within the district. The New Market Creek green infrastructure will follow down from there. There are still six initiative areas. Coliseum North, Coliseum South, and Crossroads are in the Urban Core and are critical areas. There are significant changes recommended for Coliseum South from the original 2004 Plan and most are centered around this area being repositioned as the true corridor for hotel development and redevelopment; it also recommends entertainment and restaurants to go along with the hotel development. On the east side of Coliseum Drive, Langley Federal Credit Union is interested in redeveloping their existing site that would include a new branch bank and development of some potential new retail. There will be a new street created, and Saville Road will add connectivity with the Riverdale Shopping Center site and redevelopment. The Crossroads is the heart of the district and will house the larger civic uses such as the Coliseum and Convention Center. There is also the possibility of a new festival park for outdoor events and a sports facility. The Power Plant area will have continued support along with continued growth in Todd Center. A new area added since 2004 is the area between the interstate and Power Plant Parkway. The preferred option from the Tide Mill Creek initiative and the Park Master Plan, which includes Armistead Pointe Park, has been combined with the Sentara Initiative in this Master Plan. Page 31 Planning Commission 20150903  Around the Sentara Medical complex plans include medical office uses and residential units to help those in the medical community. The next steps are to have the Coliseum Central briefing for the Coliseum Central Business Improvement District on September 22, the Planning Commission presentation on October 1, the City Council briefing on October 28, and City Council action on November 12. The report will be in the Planning Commission package for October. VI. ITEMS BY THE PUBLIC There were no items by the public. VII. MATTERS BY THE COMMISSION There were no matters by the Commission. VIII. ADJOURNMENT There being no further business, the meeting was adjourned at 6: 42 p. m. Respectfully submitted, Terry (UNeill Secretary to the Commission APPROVED BY: r Andre McCloud Vice Chairman Planning Commission 20150903 Page 32