Planning Commission Agendas & Minutes

AT THE WORK SESSION OF THE HAMPTON PLANNING COMMISSION HELD IN THE LAWSON CONFERENCE ROOM, 8TH FLOOR, CITY HALL, HAMPTON, VIRGINIA, ON THURSDAY, NOVEMBER 5, 2015, AT 3:00 P.M. Commissioners Gaynette LaRue, Gregory Williams, Carlton Campbell, Teresa Schmidt, Vice-Chair Andre McCloud, and Chairman Tommy Southall were present. Commissioner Mary Bunting was absent. Zoning Ordinance Amendment 177-2015 was discussed. Senior Assistant City Attorney Bonnie Brown answered Commissioner Campbell’s question that approval of this amendment would allow for a reduction or waiver of fees for use permit and rezoning applications for qualified arts and cultural businesses. City Planner Alison Alexander explained that City Council has already approved the arts and cultural district and that this amendment is the last piece in this process. In response to a question from Commissioner Campbell, Ms. Alexander stated the arts and cultural District is an economic development incentive district. Ms. Brown stated the Zoning Ordinance has to be amended to go along with the changes to the City Code in order to complete the incentives for the district. Commissioner Campbell stated this is the first time since he has been a Commissioner that fees have been waived and wanted to know how this information is being marketed. Ms. Alexander explained the incentives will be effective in January 2016. Staff will be working with the community and local groups to educate them on this new district. Zoning Ordinance Amendment 178-2015 was discussed. Ms. Brown explained that seasonal sales relate to agricultural items. A permit will have to be obtained from the office of the Commissioner of Revenue. Seasonal sales may only be conducted from lots that would allow for retail sales. Ms. Alexander stated this ordinance accompanies the recent package of City Code amendments approved by City Council to revamp the Special Events process and related temporary uses. In response to a question from Vice-Chair McCloud, Ms. Brown stated a permit is required and the 120 days of sales are allowed throughout a calendar year. Use Permit 15-00014 was discussed. Zoning Official Matt Smith stated information on this application was received after the Planning Commission package had gone out. The Public Works Department received a survey that shows a portion of the property belongs to the State. The 2007 survey was incorrect and this loss of property causes the applicant to lose a number of his parking spaces. The applicant is required to have 33 parking spaces in order to allow for the live entertainment. Mr. Smith stated additional conditions have been applied by staff to this application. The State property is expected to become city right-of-way. Ms. Brown explained the applicant could apply for a city right-of-way encroachment from the Public Works Department. Worksession Minutes 20151105 Page 1  Commissioner Campbell stated that it was his feeling that most people in attendance at the community meeting were opposed to the request. The letter from the applicant stated that he misunderstood about the live entertainment use when the property was purchased. Mr. Smith stated it is the belief of staff that the conditions placed on the application could mitigate the issues. The application has been weighed against the policies to bridge the gap. When asked by Commissioner Campbell about the reduction in hours, Mr. Smith stated to keep live entertainment conditions consistent the same conditions that were placed on the live entertainment request from Grandview Island Grill have been placed on this current request. Mr. Smith stated when a question was received from Chairman Southall, on how often compliance of live entertainment is checked, that compliance is usually checked on a complaint basis. Mr. O’Neill explained that the City Council worked long and hard on live entertainment conditions when the ordinance was adopted. In reply to Vice-Chair McCloud’s question, Mr. O’Neill explained that there is a condition that the compliance for a Use Permit for live entertainment be checked after one year, but prior to that they are checked only if legitimate complaints are received. In 2008, City Council did turn down a previous request for live entertainment at this address. Mr. Smith stated the applicant had requested staff provide addresses for their community meeting, but staff accidently omitted Mallory Apartments. Staff did provide legal notice to Mallory Apartments. There being no further business, the meeting adjourned at 3:29 p.m. Worksession Minutes 20151105 Page 2 AT A PUBLIC HEARING AND REGULAR MEETING OF THE HAMPTON PLANNING COMMISSION HELD IN THE COUNCIL CHAMBERS, 8TH FLOOR, CITY HALL, HAMPTON, VIRGINIA, ON THURSDAY, NOVEMBER 5, 2015 AT 3:30 P.M. I. CALL TO ORDER Chairman Tommy Southall called the Planning Commission meeting to order. II. ROLL CALL A call of the roll noted Commissioners Gaynette LaRue, Gregory Williams, Carlton Campbell, Teresa Schmidt, Vice-Chair Andre McCloud, and Chairman Tommy Southall as present. Commissioner Mary Bunting was absent. III. MINUTES A motion was made by Commissioner Gregory Williams, seconded by Commissioner Carlton Campbell, to approve the minutes of the October 1, 2015 work session and Planning Commission meeting. A roll call vote on the motion resulted as follows: AYES: LaRue, Williams, Campbell, Schmidt, McCloud, Southall NAYS: None ABST: None ABSENT: Bunting 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 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 A. Zoning Ordinance Amendment No. 177-2015: Ordinance to Amend and Reenact the Zoning Ordinance of the City of Hampton, Virginia by Amending Article I of Chapter 1 Entitled, “Administration and Enforcement of Ordinance” Pertaining to Review Process for Zoning Permit Applications; Article I of Chapter 14 Entitled, “Use Permits” Pertaining to Application Requirements; Article II of Chapter 14 Entitled, “Rezoning, Conditional Zoning, and Zoning Ordinance Amendments” Pertaining to Application Submission, Schedule, and Content. Approval of this amendment would allow for reduction of fees of use permit and rezoning applications for qualified arts and cultural businesses. Alison Alexander presented the staff report, a copy of which is attached. This Zoning Ordinance amendment follows a City Code amendment which was approved by City Council in October. That City Code ordinance created an Arts and Cultural Planning Commission 20151105 Page 1 District. This Zoning Ordinance amendment will complete the Arts and Cultural District and allow for a waiver of some use permit and rezoning fees. Staff recommends approval of this Zoning Ordinance amendment which will become effective on January 1, 2016. WHEREAS: the Hampton Planning Commission has before it this day an Ordinance to Amend and Reenact the Zoning Ordinance of the City of Hampton, Virginia by Amending Article I of Chapter 1 Entitled, “Administration and Enforcement of Ordinance” Pertaining to Review Process for Zoning Permit Applications; Article I of Chapter 14 Entitled, “Use Permits” Pertaining to Application Requirements; Article II of Chapter 14 Entitled, “Rezoning, Conditional Zoning, and Zoning Ordinance Amendments” Pertaining to Application Submission, Schedule, and Content; WHEREAS: the ordinance governs review processes for zoning permit applications and review by the Planning Commission and City Council and associated fees; WHEREAS: the amendment will make qualified arts and cultural businesses located in a designated Arts and Cultural District eligible for a 100% reduction in the zoning permit application fee, and a 100% reduction in the use permit or rezoning application fee; WHEREAS: this amendment accompanies the recent creation of an Arts and Cultural District; and WHEREAS: no one from the public spoke for or against this amendment. NOW, THEREFORE, on a motion by Commissioner Gaynette Larue and seconded by Commissioner Andre McCloud, BE IT RESOLVED that the Hampton Planning Commission recommends to City Council approval of Zoning Ordinance Amendment No. 177-2015. A roll call vote on the motion resulted as follows: AYES: LaRue, Williams, Campbell, McCloud, Schmidt, Southall NAYS: None ABST: None ABSENT: Bunting Planning Commission 20151105 Page 2  B. Zoning Ordinance Amendment No. 178-2015: Ordinance to Amend and Reenact the Zoning Ordinance of the City of Hampton, Virginia by Amending Article V of Chapter 8 Entitled, “Downtown Districts” Pertaining to Development and Lot Size Standards and Article III of Chapter 9 Entitled, “O-CC District – Coliseum Central Overlay” Pertaining to Modifications to Permitted Uses. Approval of this amendment would mean that uses allowed pursuant to a Special Event Permit issued under the City Code in the DT-1, DT-2, and O-CC Districts may be conducted outdoors. Approval of this amendment would also clarify which other uses may be permitted outdoors in those districts, limit the amount of floor area in a building to be used for storage, and govern minimum lot areas and dimensions. This item is being concurrently advertised for the November 12, 2015 City Council agenda. City Planner Alison Alexander presented the staff report, a copy of which is attached. This Zoning Ordinance amendment follows up on City Code amendments approved by Council in October. This amendment goes along with some changes to the Special Event process and some related temporary uses. Staff recommends approval of Zoning Ordinance amendment 178-2015. In response to a question from Commissioner Campbell, Ms. Alexander stated that food trucks are allowed in other areas of the City without a Special Event permit, but not in Downtown or in Coliseum Central. In response to a question from Commissioner Schmidt, Mr. O’Neill explained that the McDonald’s Garden Center that is set-up in Peninsula Town Center was set-up for retail which would have been allowed for that district. Zoning Administrator Jeff Conkle stated that the temporary McDonald’s Nursery Garden Center was evaluated and considered an accessory to the center as a whole and not to any particular store. Community Development Director Terry O’Neill explained that City Council wanted things made easier for businesses and the Downtown Hampton Partnership, the Coliseum Central Business Improvement District, the Phoebus Partnership, and neighborhoods to have these types of special activity events to make life in the City more interesting and to bring people together. Work was done on the City Code, the Zoning Ordinance, and internal city policies to make interpretation and enforcement easier and to make the application process easier. City Planner Alison Alexander and Sr. Assistant City Attorney Bonnie Brown did a lot of work on the process. In response to questions regarding taxes on seasonal sales, Ms. Alexander stated all seasonal sales require permitting through the Commissioner of Revenue and are only allowed to be held for up to 120 days. The permit process will regulate when and where these sales are done. Planning Commission 20151105 Page 3  WHEREAS: the Hampton Planning Commission has before it this day an Ordinance to Amend and Reenact the Zoning Ordinance of the City of Hampton, Virginia by Amending Article V of Chapter 8 Entitled, “Downtown Districts” Pertaining to Development and Lot Size Standards Including Standards for Permitted Uses and Article III of Chapter 9 Entitled, “O-CC District – Coliseum Central Overlay” Pertaining to Modifications to Permitted Uses; WHEREAS: the ordinance governs special districts and overlay districts, and more specifically outdoor sales within the Downtown business districts and the Coliseum Central district; WHEREAS: the amendment will permit outdoor sales as authorized by a Special Event Permit and permit seasonal sales as authorized by Section 34-7 of the City Code; WHEREAS: this amendment accompanies recent changes to the City’s Special Events process and Seasonal Sales; and WHEREAS: no one from the public spoke for or against this amendment. NOW, THEREFORE, on a motion by Commissioner Andre McCloud and seconded by Commissioner Carlton Campbell, BE IT RESOLVED that the Hampton Planning Commission recommends to City Council approval of Zoning Ordinance Amendment No. 178-2015. A roll call vote on the motion resulted as follows: AYES: LaRue, Williams, Campbell, McCloud, Schmidt, Southall NAYS: None ABST: None ABSENT: Bunting C. Use Permit Application No. 15-00014: by Elvie Wilson for live entertainment inside LV’s Sports Bar and Grille at 1565 Briarfield Rd. [LRSN 3005371]. The property is zoned Neighborhood Commercial (C-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 commercial use for this site. City Planner Matt Smith presented the staff report, a copy of which is attached. A community meeting was held on October 22, 2015 and everyone who spoke at the meeting was opposed to the use. Planning Commission 20151105 Page 4  Staff was made aware of new information after the Commission package went out that the submitted property survey plat was incorrect. A stamped survey from an engineer showed the ownership of the parcel. It was found at the time the Public Works Department did some unrelated work on the property that the State owns a portion of the lot on which the applicant’s business is located. Because of this finding it further limits some of the parking the restaurant had been using. With that information staff decided it was appropriate to add a parking condition. The parking condition requires 33 parking spaces for live entertainment for up to 98 people. Staff recommends approval of Use Permit Application 15-00014 with 12 conditions. In response to a question from Commissioner Schmidt, Mr. Smith explained that the live entertainment would be along the western wall of the building. Elvie Wilson, 1565 Briarfield Road, owner of LV’s Sport’s Bar and Grille, stated the name has been changed to LV’s Sports Bar and Restaurant. He stated he applied for a live entertainment permit when he found that it was not a permitted use as he had thought when he purchased the property. After speaking with people in the neighborhood, Mr. Wilson stated he discovered there had been issues with the previous owner and there was opposition to his request. Mr. Wilson stated he opened the restaurant on May 2, 2015 and has not had live entertainment. He currently uses a CD player and the radio for music. The applicant read his mission statement in which was stated his goal is to interact with the neighborhood and gain its respect. Mr. Wilson explained his community work started with the Riverdale Association. During his time with the Riverdale Association he started a multi-cultural event to get people talking to each other and he is committed to working with the neighborhood. He has invited senior citizens to a free-of-charge senior citizen day at the restaurant. Even if not granted the live entertainment, Mr. Wilson stated he will continue to pursue to make his business work. In response to a question from Commissioner Campbell, Mr. Wilson explained that he has had no live entertainment during the time he has owned the restaurant. In response to a question from Commissioner Campbell, Mr. Smith stated the previous owner’s live entertainment application was denied because unpermitted live entertainment had been held. A lot of the issues resulted from disorderly conduct, noisy people leaving the restaurant, and inadequate parking. In response to Chairman Southall’s question regarding the applicant’s thoughts on how to address past problems such as noise outside of the building, Mr. Wilson stated it was his belief that some of the noise comes from the ball park across the street and from the people coming from the ball field that park in his lot. He has cleaned and fixed the lot and fixed the building. Mr. Wilson stated he has plans to provide security. Planning Commission 20151105 Page 5  Commissioner Williams suggested the applicant provide supervision in the parking lot. Mr. Wilson replied he has plans to hire security guards once he has live entertainment. Mr. Smith explained one of the conditions (No. 6) requires sufficient staff to monitor people leaving the building. Linda Fleet, 1553-P Briarfield Road, stated she and her mother have lived in the Mallory Apartments for 13 and 26 years, respectively. They have found it to be a nice, quiet, comfortable place to call home. The Mallory’s are conscientious property owners and maintain the buildings and property well. It would be disgraceful if the city of Hampton allowed this type of business to occur on the front doorsteps of such a good business. There is a city park on the south side of Briarfield Road that is attractive and well maintained. Where she lives there is no problem with noise from the park. On the north side of Briarfield Road are apartments and houses. To put a “night-club” in that area is poor placement of that type of business. Ms. Fleet asked the Commission to think about something of this nature 20 feet from their bedroom windows. She implores the Commission to not allow this type of use in this building. In response to a question from Commissioner Campbell, Ms. Fleet stated occasionally noise can be heard from the ball park, but it is not continuous noise. When the building was not used people got used to parking in the restaurant lot, but there was no additional noise. Anna Edie, 1553-T Briarfield Road, stated the applicant bought a restaurant from a real estate agent and was not told what may or may not have been grandfathered for the restaurant. It is not the fault of the residents that the applicant did not do a thorough job on his research on this restaurant that would have shown he could not have live entertainment. If the applicant is losing money he needs a different type of clientele. The residents have not seen any advertising on the restaurant; however, the menu is nice. Ms. Edie asked why Mr. Wilson should be allowed to have a business that would disrupt the neighborhood. He does not have this in his back yard and the Mallory residents do not want it in theirs. Doris Vincent, 1553-R Briarfield Road, stated it is her belief the applicant bought a restaurant, not a night-club. Most restaurants do not have a band; they have piped in music. As far as security, Mr. Wilson said he would have security in the parking lot, but the security people cannot do but so much. A lot of the residents work at night and there is a concern about those who may be staggering around or arguing in the parking lot. Commissioner LaRue stated she sees a bar located in the club now and does not see how live music will affect that. There are regulations about the noise and Planning Commission 20151105 Page 6 decibel levels that are allowed. If regulations are not followed the use permit could be taken away from the applicant. Ms. Vincent posed the question as to how many times the police would have to be called before action was taken. She has not heard or seen anything since the applicant has been there as she did not know there was a restaurant. There have only been a few cars parked there at any time. Ms. Vincent stated she has only seen advertisement for the night club and nothing for the restaurant. Keith Flora, 20 Butler Drive, stated the ball field is seasonal and not every night. The applicant is applying for something that will happen every night, 12 months a year. Mr. Flora stated he is not certain the capacity number given by Mr. Smith was accurate. Mr. Smith replied that the capacity certificate lists the capacity number at 98. Mr. Flora stated Mr. Wilson only became aware of the properly layout about 90 days ago and at that time duplicated the parking space lines that were on the property. Mr. Flora stated he has lived on Butler Drive for 50 years and participated in the activities two nights a week (Friday and Saturday) when the Mallory’s owned the restaurant and the problem then was the parking; people parked everywhere and even blocked Butler Drive. Mr. Wilson can control what goes on in his building and on his parking lot, but he cannot control what goes on with the overflow beyond his building. The noise from the ball field is not violent noise and the ball field noise is not combined with alcohol. As a resident, Mr. Flora stated he has seen from the three sales of the business that it is more harmful than beneficial to the neighborhood. He stated he is interested in keeping the integrity of the neighborhood. In response to questions from Mr. Flora, Mr. Smith stated it was staff who recommended approval of this application and that the business on the opposite corner, although zoned the same as Mr. Wilson’s business, could only have live entertainment in association with a restaurant. In response to a question from Commissioner Campbell, Mr. Flora stated even though he used to patronize the business when it was owned by the Mallory’s when they had live entertainment, he does not support this request. He is more concerned at this stage of his life because he may be the one needing the police or an ambulance. In response to a question from Commissioner Campbell, Attorney for Mallory Apartments Larry Cumming explained that the business owned for 46 years was not the restaurant, but the Mallory Apartments, which was what he referred to in his letter. He also stated that in 1971 a permit was apparently issued to allow live entertainment to a prior owner, but he is not certain when that use ended. The Planning Commission 20151105 Page 7 subsequent owner had live entertainment, but did so without a permit which caused trouble and disruption to the community. The position of the apartment owners is that if the live entertainment is repeated it will damage the apartment business that has been there for 46 years. The Mallory Apartments is the business Mr. Cummings stated he had referred to as being damaged. Mr. O’Neill cautioned the Commission as to appropriate procedure. Speakers or individuals need to be addressed and brought forward to the podium so they can be heard through the television for any questions that may need to be entertained. Latitia Green, 14-H Big Bethel Road, stated the restaurant is nice, but she is concerned about the entertainment. She stated it reminds her of her association with clubs. The apartments are close to the restaurant. There is no alcohol allowed at any time at the ball park. Ms. Green explained she has not seen the restaurant opened up late enough for live entertainment. That use would cause standing room only. The entertainment would change the whole dynamic. Ms. Green stated that one block down from the clean, quaint Mallory Apartments are Briarfield Park and Sweetbriar Apartments that are “off the chain.” There is a place for this type of business, but this location is not it. In response to a question from Commissioner LaRue as to any different regulations for restaurants that have a bar and have live entertainment from something that might be considered a night-club, Ms. Brown stated that one of the proposed conditions in the staff report is about dancing. There are two methods to allow dancing at an establishment. One is a dance hall that may be more commonly known as a night club, which requires a big permit and a review process through the Commissioner of Revenue and involves Fire and Police. That is not this situation. If one does not get a dance hall permit, all that can be done is to use no more than 10 percent of the floor area for dancing and that can only be done if the business is a restaurant with a valid ABC license. In response to a question from Commissioner LaRue and Chairman Southall, Mr. Smith stated the hours of live entertainment are the only hours of operation recommended in the staff report and the hours of operation of the restaurant could be different from those hours. Shirley Gibson, 1561-A Briarfield Road, stated her building is the one closest to the restaurant and is located only about 20 feet from the end of the restaurant and about 10 feet from the parking area. The last time there was a lot of noise it was loud and there was foul language. People who drink seem to lose all their sense. In the 12 years she has lived there, the ball field has presented no issues. She respectfully requests the application be denied; the neighbors are aging and they deserve peace of mind. Planning Commission 20151105 Page 8  In response to a question from Commissioner Campbell, Ms. Gibson stated when she spoke about the fighting and cursing it was when the previous owner of the restaurant had live music without a permit. When that owner applied for live entertainment was when she and others went to City Council and that request was denied because Council determined it to be too close to the residential area. Randy Drebenstedt, 1159–O Briarfield Road, stated she has lived in the apartment complex for 16 years and it is very clean and respectful. She stated the residents are not complaining about the restaurant, they are complaining about the live entertainment. Her bedroom is right next to the rear door of the restaurant. The residents only want a quiet, peaceful place to live. Ellen Dishman, 10-A Big Bethel Road stated she cannot hear the noise where she lives. Her concern is about the kind of clientele going to the restaurant and what could occur, as drinking can sometimes produce fighting. There are some people that are not good people who come to the neighborhood from other places. They may come to that night club. There are a lot of elderly people in the area. Sharon Mallory, 103 Creekview Road, stated she is the manager and one of the three owners of the apartments; her sisters are the other owners. The apartments were built by her family in 1968 and it has been owned and managed by her family since that time. In the passing years the area surrounding the complex has become more heavily crime ridden. It is hard to maintain safe, affordable housing for people; that can be a challenge in that part of the City. A man was shot in the afternoon last September at the Sweetbriar and Brittany Apartments which are located less than one-half mile from the Mallory Apartments. The police were concerned the gunman would try to escape at the Mallory complex and that resulted in the police checking to see if he was in their complex. It is possible for crime from the area to come into their complex. Ms. Mallory stated the applicant has said he is prepared to provide security in and around his restaurant. However, this doesn’t always help prevent crime from happening. In August, 2013 a woman was shot in the parking lot of The Alley by another patron from The Alley, which is located in Newport News in the 100 block of Newmarket Square Shopping Center. According to a Daily Press (newspaper) article, The Alley employed eleven security officers inside and eight police officers working extra duty outside in the parking lot who were being paid by The Alley. This happened at 4:30 in the afternoon and the security was not enough to prevent this incident. Also according to the article, patrons were required to go through a metal detector and two pat downs. It is the belief of the owners of Mallory Apartments that live entertainment would bring a more disruptive type of patron. LV’s is close to the adjoining apartment community and is located only a few feet from their building. It is their belief that allowing the live entertainment would seriously and negatively impact the community and create noise and disturbance due to the music itself and noise Planning Commission 20151105 Page 9 and problems that will occur in the parking lot. There is also concern these people will try to use the parking lots of the apartment complexes. Therefore the owners request denial of this application for live music or entertainment. In response to a question from Commissioner Campbell, Mr. Smith stated that live entertainment did not exist during the time crime statistics had been reviewed at that location. Larry Cumming, 2236 Cunningham Drive, a lawyer with Kaufman and Canoles stated he represents the owners of Mallory Apartments. The residents of Mallory Apartments have a large, long-standing community, some who have lived there for 15 to 20 years. Many of these tenants are elderly and like peace and quiet. What the Commission is being asked to judge is the balance between the equities, between an individual citizen, Mr. Wilson and his desire for live entertainment, and the welfare of the surrounding community. It is the duty of Mr. Wilson to provide a compelling reason why he should benefit to the detriment of the community. Mr. Wilson does not have a right to the permit just because he has applied for one. Mr. Cumming stated that one of the factors that the Commissioners have never had is the close proximity of these two properties. It is not that there is a recreational area between the two; it is the elderly citizen’s bedrooms. It also is not a situation where an applicant is in a commercial area that would encourage other business; the business is isolated. If not successful for the applicant then the community will be quiet but it will not help the applicant. If the business is very successful that is when the damage will occur. The residents want the applicant to have a successful restaurant, but the quality and nature of the clientele inevitably will be different if there is live entertainment rather than a family restaurant. Commissioner Williams stated he could understand the issue if the music were outdoors, but it is indoors. The other issue is the correlation between the live music and drinking. He does not see where live music will escalate things to a greater degree. He goes to places and listens to live music but does not go out into the parking lot to start a fight. But he has seen places where people overdrink and there are problems. Mr. Cumming replied that there is a different clientele for a place of business where one goes for the live entertainment. They do not go there for the restaurant, just the live music and to drink, but not eat. The Mallory Apartments residents had the experience when the former owner had live entertainment and there were issues. It did not matter whether there was a live entertainment permit, the same activity would have taken place. The problem was the type of clientele. Commissioner Williams stated the problems may have been because of the owner. He goes to places for the live entertainment and there is not necessarily a Planning Commission 20151105 Page 10 brawl in the parking lot and he does not see what the detriment is. He cannot go with a blanket statement that because there was a problem before there would always be a problem. Mr. Cumming explained that the past experience is the basis for concerns of the community. Approving the live entertainment is risking the community’s welfare. Commissioner LaRue stated she agrees with a lot of what Mr. Williams has said. There has been a lot of talk about undesirable activity occurring in places not necessarily on the lot where this building is located. It is her belief that they are wandering from what the Planning Commission is to deal with. They are to deal with land use issues, meeting rules and regulations, and following land use and community plan policies. What is happening is a terrible specter to a neighborhood that has aged and tenants that have aged and are experiencing some of the problems that occur with an aging population. They are experiencing some social issues that the City needs to deal with and may need some protection they are not getting. Commissioner LaRue does not believe that is in the Commission’s purview. Commissioner LaRue stated she has a hard time making a connection with a facility that serves food and alcohol and does not have these problems. The previous owner had live entertainment and had problems, but the owner prior to that one did not. Because the current applicant has to meet requirements the previous owner did not have there is more potential for more oversight and recourse to be taken if something does happen. The Commissioners need to determine its outcome based on land use planning. Vice-Chair Andre McCloud stated he was not aware that the original owner of the apartments had owned the building in question. Thirty years ago the building had live entertainment. In thirty years people’s attitudes have changed. The picture being painted is that the applicant will do something detrimental to the neighborhood. This is not something brand new to the community. The restaurant has been there all of the time as the apartments. Sharon Mallory explained the family history of these properties. The building in question was originally a grocery store. The properties were originally owned by her grandfather. Her father inherited the apartments after her grandfather died. In the early 1970’s the restaurant was deeded to her now deceased uncle who ran it with his son and they had live entertainment. It is her recollection that there were issues with the live entertainment and part of the issue was parking which negatively impacted the apartments. It does tend to bring in a more rowdy, rambunctious, and younger crowd. Her cousin decided he did not want the aggravation of running the restaurant. Her cousin sold the restaurant to the Hendricks, who had the unpermitted live entertainment and the Hendricks sold it to Mr. Wilson. Michael Hause, 1559-M Briarfield Road, stated the live music would directly affect him. Currently without the live music he can hear what goes on in the restaurant and see the lights through his apartment window. Planning Commission 20151105 Page 11  When he moved into the neighborhood the restaurant was being renovated under construction. He thought the area was great and neighbors kept an eye out for each other. He has seen police officers checking out their apartment complex since that time. He stated he does not want live entertainment in his neighborhood. In response to a question from Commissioner Campbell, Mr. Wilson stated he plans on having a variety of music, but no hard rock or rap. The music will be conventional jazz, modern jazz, pop, and Country and Western. He just wants enjoyable music and if there are special events, they would be there on Fridays or Saturdays and he would be open to limiting it to those two days. He is flexible even if he cannot get live entertainment. In response to a question from Commissioner LaRue, Mr. Wilson stated he cannot control what happened in the past and understands the fears that were expressed. His plans are to try to eliminate things like profanity and follow all guideline limits for the amount of drinking allowed. He wants his customers to leave in a safe manner. Commissioner LaRue explained that what is decided at today’s Planning Commission still has to go before City Council. The people will take their concerns to City Council and her suggestion is the applicant work out some kind of strategy for someone who may have disruptive behavior outside of his restaurant and work with the community on issues. Mr. Wilson stated he has a detailed security plan in mind. Vice-Chair McCloud stated the people from the community are passionate about not allowing live entertainment. He stated his concern is that if the applicant had patrons who wanted live entertainment his supporters should have been present. The applicant needs his support if he wants impact. Mr. Wilson stated this was an oversight on his part. Mr. Cumming presented documents signed by 80 people in the neighborhood who object to the live entertainment request. In response to a question from Chairman Southall, Mr. Smith stated 33 parking spaces are required for the live entertainment and 45 spaces are required for the restaurant. The conditions recommended, after the fact of receiving the updated survey information, that the applicant will be required to have 33 parking spaces on site for the live entertainment. It appears the applicant lacks one spot due to the VDOT information, but there is potential. After discussion, Commissioner LaRue made a motion to recommend approval of the application. The motion was seconded by Commissioner Williams, but after a roll-call vote the result was a tie, therefore the motion did not carry. Planning Commission 20151105 Page 12  Sr. Assistant City Attorney Bonnie Brown explained that because the motion did not carry; a new motion should be made. Commissioner Campbell left the meeting prior to the new motion. Commissioner Williams made a motion to recommend approval of the application, which was seconded by Commissioner LaRue. The Planning Commission approved the following resolution: WHEREAS: the Hampton Planning Commission has before it this day a proposal by Elvie Wilson for Live Entertainment 2 inside a restaurant located at 1565 Briarfield Road [LRSN 3005371]; WHEREAS: the property is zoned Neighborhood Commercial (C-1) District, which allows for Live Entertainment 2 in conjunction with a restaurant subject to approval of a use permit; WHEREAS: the Hampton Community Plan (2006, as amended) recommends commercial use of this property and provides policies calling for safeguarding residential neighborhoods, promoting community interaction, nurturing small businesses, and expanding entertainment opportunities; WHEREAS: staff recommended thirteen (13) conditions be attached to the use permit addressing hours of operation, location of live entertainment, staffing, noise, parking, and review; WHEREAS: discussion focused on impacts of the currently permitted use and proposed use to the adjacent Mallory Apartments; WHEREAS: eleven members of the public spoke in opposition to the use and 78 signed letters were submitted opposing the use; NOW, THEREFORE, on a motion by Commissioner Williams and seconded by Commissioner LaRue, BE IT RESOLVED that the Hampton Planning Commission recommends to City Council approval of Use Permit Application No. 15-00014, subject to thirteen (13) conditions. A roll call vote on the motion resulted as follows: AYES: LaRue, Williams, Southall NAYS: McCloud, Schmidt ABST: None ABSENT: Campbell, Bunting Planning Commission 20151105 Page 13 V. COMMUNITY DEVELOPMENT DIRECTOR’S REPORT A. Planning and Zoning Division Annual Report Keith Cannady, Planning and Zoning Administration Division Manager, presented the Planning and Zoning Division’s Annual Report, a copy of which is attached. Commissioner LaRue stated it is her understanding a charrette will be done on the Old Courthouse and wanted to know if any decision has been made. In response to Commissioner LaRue’s question, Mr. O’Neill stated that City Council has given a directive to go forward with the reuse options on the Court House. City Planner Alison Alexander is working on a kick-off meeting for this process. Chairman Tommy Southall stated he sees that a lot of hard work by many dedicated people has gone into this report. It is great that the Commissioners can go to other communities and let them know about the great leadership and staff and what has been done to help them in their job as Commissioners. Mr. O’Neill stated that Sr. Assistant City Attorney Bonnie Brown has been adopted by the Community Development Department even though she belongs to another department. She is a big part of the CDD team and Mr. O’Neill credits her on her contributions to the work done in the Community Development Department. B. Youth Planner Report Virgil Thornton, Junior Youth Planner, presented the Youth Planner Report for the month of November, a copy of which is attached. Mr. Thornton reported on the new HYC chairs: Brianna Pittman, Marketing Committee (Publicity for HYC); Nmadinobi Okafor, Special Committee (Neighborhood Commission, Candidates Forum, YCE 20th Anniversary); Matteo ConcepiÓn, Transportation Committee (Youth-transportation involvement); and Keyshaun Howard, Youth Are Prepared). In response to a question from Commissioner LaRue about financial issues as it is a subject the HYC is interested in, Mr. Thornton stated it is possible that the discussions and projects the Youth Commissioners are involved in could be taken back to their schools. In response to a question from Commissioner LaRue regarding having a teacher come to the schools to help with financial literacy, Mr. O’Neill explained that Wells Fargo is one of the partners the Youth Commission has begun to reach out to. Representatives from Wells Fargo were at the Statewide Neighborhood Convention and they shared information with the youth commissioners attending the conference about their Wells Fargo programs which include a community Planning Commission 20151105 Page 14 outreach program and program for financial literacy for youth and adults. That may be a partnership the Youth Commissioner' s explore based on that contact. Vice -Chair McCloud stated Mr. Thornton' s report was wonderful, but he was able to make the report because of the work he has done with the HYC. Vice -Chair McCloud stated he looks forward to hearing the Youth Planner monthly report. In response to Commissioner Schmidt' s question regarding encouraging diversity from across Hampton in the HYC group, Mr. Thornton stated it seems to just come together. The different committees are formed by interests of the individual commissioners. Mr. O' Neill explained that one of the fundamental values of the Youth Commission is diversity and inclusiveness. One of the things the adults who help with the Youth Commission on the projects the HYC have identified for the year is to make sure as the Youth go about their work that these fundamental values are applied to that work. They are required to figure out how to engage other youth organizations and youth from the community and all walks of life. They need to include all these many perspectives. The HYC go through extensive training to learn the tools needed for them to accomplish this. Chairman Southall stated it seems the Youth Commission is having more fun at their meetings than the Planning Commissioners seem to have at theirs. It is nice to be able to go out to other communities and talk to other Planning Commissioners about what the Hampton youth are doing. The other Commissioners are amazed at what the Hampton youth do. VI. ITEMS BY THE PUBLIC There were no items by the Public. VII. MATTERS BY THE COMMISSION There were no items by the Commission. VIII. ADJOURNMENT There being no further business, the meeting was adjourned at 6: 18 p. m. Respectfully submitted, Terry QNeill Secretary to the Commission APPROVED BY: Planning Commission 20151105 Page 15  1 Tommy Southall Chairman j Planning Commission 20151105 Page 16