Planning Commission Agendas & Minutes

AT THE WORK SESSION OF THE HAMPTON PLANNING COMMISSION HELD IN THE SUPERINTENDENT’S CONFERENCE ROOM, JONES MAGNET MIDDLE SCHOOL, 1819 NICKERSON BOULEVARD, HAMPTON, VIRGINIA, ON THURSDAY, JULY 20, 2017 AT 3:00 P.M. Chairman Tommy Southall called the meeting to order at 3:00 p.m. A call of the roll noted Commissioners Trina Coleman, Ruthann Kellum, Carole Garrison, Christopher Carter, and Chairman Southall as being present. Commissioners Jimmy Gray and Pete Peterson were noted as absent; however, they arrived after the roll call. Staff in attendance were Secretary to the Commission/Director of Community Development Terry O’Neill, Senior Assistant City Attorney Bonnie Brown, Planning & Zoning Administration Manager Michael Hayes, Housing & Neighborhood Services Manager Jonathan McBride, (temporary) Deputy Zoning Administrator Matt Smith, City Planner Charles “Porter” Stevens, and Recording Secretary/Administrative Assistant Kristie Graves. The Commission and staff discussed the following agenda items, with staff providing the following information: Chairman Southall introduced and welcomed the new Planning Commissioners, Dr. Trina Coleman, Carole Garrison, and Ruthann Kellum. June 22, 2017 Work Session & Public Meeting Minutes: Director O’Neill and Senior Assistant City Attorney Bonnie Brown noted that in order for the minutes to be approved there would need to be a majority of the Planning Commissioners present and voting. All three new Commissioners were present at the meeting. All of the new members cannot abstain or the minutes would not be approved. If there are not enough members present to vote, the minutes can be deferred until the next month’s meeting. Director O’Neill explained the purpose of the Work Session to the new Commissioners. No action is taken by the Commission during the Work Sessions. Work Sessions are open for the public to attend; they don’t typically participate in the discussions because it is not a public hearing. Work Sessions are primarily used for training and educational purposes or to ask clarifying questions about any of the cases or materials. Use Permit Application No. 17-00007: by First United Church of Christ to permit a Commercial Day Care 2 for approximately 50 children at 1017 Todds Lane. For both rezoning and use permit applications, the approval runs with the land. For a day care, we typically know who the provider will be and the conditions are tailored to that provider. For this case, we do not know who the provider will be; however, the conditions were drafted based upon the application that was received and what has been approved for day cares in similar situations in the past. There is a concern that once a provider is found, another application may be submitted to amend the conditions. The Planning Commission handles land use and the potential impacts on surrounding uses, not the certifications of providers. Staff does review the building plans to make sure the standards are met regarding the ratio of children to space. There is a standard condition regarding licensing and compliance with the applicable State laws. Zoning Ordinance Amendment No. 17-00002: by the City of Hampton to Amend And Re-Enact Chapter 8, Article 7 Of The Zoning Ordinance Of The City Of Hampton, Virginia Entitled “Phoebus Districts.” The City was approached by the Phoebus Partnership regarding dumpsters being placed in back of the new restauarants. Currently, PH-1 (Phoebus Business) does not permit dumpsters, storage, and equipment between a building and any right-of-way. This poses a problem in the situations where a right-of-way runs along the back property line, making it difficult, if not impossible, to locate a dumpster on certain blocks. The proposed amendment WS & Public Meeting Minutes 20170720 Page 1 would permit the location of dumpsters, storage, and equipment at the back of buildings. The proposed ordinance changes have been reviewed and accepted by the Partnership for a New Phoebus and local businesses. Rezoning Applications No. 17-00001, 17-00002, and 17-00003: by the City of Hampton to rezone properties in or near the Langley Air Force Base APZ (Accident Potential Zones). In partnership with the State, the City has purchased multiple parcels of land in order to keep the flight approach area clear of concentrations people and development; this will ensure that Langley Air Force Base can continue to operate safely. The parcels will be rezoned to the very use restrictive Langley Flight Approach Districts (17-00001, 17-00002) and Public Open Space District (17-00003), which is consistent with the Langley Joint Land Use Study (JLUS) recommendation. Zoning Ordinance Amendments No. 17-00004 and 17-00005: by the City of Hampton to Amend And Re-Enact Chapter 9, Article 2, Of The Zoning Ordinance Of The City of Hampton, Virginia Entitled, “O-CBP District – Chesapeake Bay Preservation Overlay”, and to Amend And Re-Enact Chapter 2 Of The Zoning Ordinance Of The City Of Hampton, Virginia Entitled “Definitions” By Amending Section 2-2. Approval of this amendment would update definitions pertaining to the O-CBP District including “Green Area,” “Impervious Surface,” Resource Delineation,” “Special Green Area,” “Water Quality Impact Assessment, Major,” and “Water Quality Impact Assessment, Minor.” The two amendments relate to the Chesapeake Bay Preservation District (O-CBPD) and are linked with regard to voting. The exception review process will shift from the Chesapeake Bay Review Committee (largely comprised of City staff) to the Board of Zoning Appeals (BZA), a Circuit Court-appointed board. BZA deals with variances to the Zoning Ordinance on different kinds of regulations. The current ordinance and State regulations protect lots that were recorded before the Chesapeake Bay Preservation Act was enacted. There are restrictions on development in order to minimize their impact on enviromentally sensitive areas; they do not take away the development rights for a lot that existed prior to the adoption of the Chesapeake Bay Preservation Act. There are regulations to guide development in those sensitive areas. The development requires the approval of the Chesapeake Bay Review Committee but State code has given all Tidewater localities the authority to administratively evaluate them. The “special green area” is a new provision requested by City Council. The intent is to ensure that homes have a useable yard area outside the protected RPA buffer, mainly for newly plotted lots. The “special green area” only applies when the RPA buffer is vegetated. Prior to the proposed amendment, the only requirement on lots was a buildable area for the house; there is no backyard requirement. It is up to the developer to decide the size of a house, as long as it is compliant with the minimum dwelling size. Presentation of Commissioner Resolutions: Commissioner Resolutions will be presented to Councilwoman Teresa Schmidt, Gregory Williams, and Carlton Campbell. Gaynette LaRue will not be present at today’s meeting. Election of Chairman and Vice-Chairman: The August Planning Commission meetings are typically when the elections of Chairman and Vice-Chairman occur. The current Chairman cannot be re-elected. By-laws state that the Chairman can only serve two 1-year terms. Elections occur each year. Work session adjourned at 3:25 p.m. WS & Public Meeting Minutes 20170720 Page 2 AT THE REGULAR MEETING AND PUBLIC HEARING OF THE HAMPTON PLANNING COMMISSION HELD IN THE FORUM, JONES MAGNET MIDDLE SCHOOL, 1819 NICKERSON BOULEVARD, HAMPTON, VIRGINIA, ON THURSDAY, JULY 20, 2017 AT 3:30 P.M. l. CALL TO ORDER Chairman Tommy Southall called the meeting to order at 3:31 p.m. II. ROLL CALL A call of the roll noted Commissioners Trina Coleman, Ruthann Kellum, Carole Garrison, Christopher Carter, Jimmy Gray, Pete Peterson, and Chairman Southall as being present. Staff in attendance were Secretary to the Commission/Director of Community Development Terry O’Neill, Senior Assistant City Attorney Bonnie Brown, Deputy Director of Community Development Steve Shapiro, Planning & Zoning Administration Manager Michael Hayes, Housing & Neighborhood Services Manager Jonathan McBride, (temporary) Deputy Zoning Administrator Matt Smith, Senior City Planner Tolu Ibikunle, City Planner Charles “Porter” Stevens, Housing Reinvestment Specialist Daniel McCormick, Junior Youth Planner Symone Gibbs, and Recording Secretary/Administrative Assistant Kristie Graves. III. MINUTES – JUNE 22, 2017 WORK SESSION & PUBLIC MEETING A motion was made by Commissioner Pete Peterson and seconded by Commissioner Jimmy Gray to approve the minutes of the June 22, 2017 Work Session and Planning Commission meeting. A roll call vote on the motion resulted as follows: AYES: Coleman, Carter, Gray, Peterson, Southall NAYS: None ABST: Kellum, Garrison ABSENT: None Commissioners Kellum and Garrison abstained from voting because they were not present in their official capacity as Planning Commissioners at the June meeting. IV. CHAIRMAN’S REMARKS A. WECOME OF NEW PLANNING COMMISSIONERS Chairman Southall introduced and welcomed new Commissioners Dr. Trina Coleman, Carole Garrison, and Ruthann Kellum to the Planning Commission. B. PRESENTATION OF COMMISSIONER RESOLUTIONS Resolutions were presented by Chairman Southall to former Planning Commissioners Teresa Schmidt, Gregory Williams, and Carlton Campbell, Sr. Councilwoman Schmidt remarked that it has been an honor to serve on the Hampton Planning Commission. She stated that Hampton has great hearts and great minds, and felt that everyone puts forth their best efforts to make Hampton a great city. She told the new Commissioners that she appreciated their efforts. WS & Public Meeting Minutes 20170720 Page 3  Mr. Williams thanked Chairman Southall and the present Planning Commission members. He said the experience will be long remembered and very rewarding. Mr. Williams also thanked the Commissioners who served during his tenure. He commented that he served with a wonderful group of people who were dedicated to making the city of Hampton one of the better cities, if not the best in Virginia. Mr. Campbell thanked Chairman Southall, Director O’Neill, and the present and former members of the Planning Commission. He stated that he was honored and appreciated the time he was able to serve. Mr. Campbell remarked that the Planning department was outstanding and it was a pleasure working with them. He encouraged members of the community to continue to attend meetings; expressing their concerns and thoughts contributed in helping to make Hampton a better place to live. He again thanked the Commission for the opportunity and said that he looked forward to serving with them as a member of the Economic Development Authority. Director O’Neill explained that a vote would be required to approve the Commissioners’ Resolutions. A motion was made by Commissioner Christopher Carter and seconded by Commissioner Jimmy Gray to approve the Commissioners’ Resolutions and make them official. A roll call vote on the motion resulted as follows: AYES: Coleman, Kellum, Garrison, Carter, Gray, Peterson, Southall NAYS: None ABST: None ABSENT: None V. PUBLIC HEARING ITEMS Director O’Neill read the 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 manner. Director O’Neill suggested that the next three related public hearing items be part of one presentation and public hearing. A separate motion and vote will be required for each item. A. RZ 17-00001 – CITY OF HAMPTON, 3101 NASA DRIVE, 3105 COMMANDER SHEPARD BLVD, UNADDRESSED PROPERTY ON TIDEWATER DRIVE, 2972, 2935, 2927, 2921, 2917, AND 2909 N. ARMISTEAD AVENUE Director O’Neill read the public hearing notice on the agenda item. Rezoning Application No. 17-00001: by the City of Hampton to rezone 39.34+ acres of land owned by the City of Hampton located at 3101 Nasa Drive, 3105 Commander Shepard Blvd., an unaddressed property on Tidewater Drive, 2972 N. Armistead Ave., 2935 N. Armistead Ave., 2927 N. Armistead Ave., 2921 N. Armistead Ave., 2917 N. Armistead Ave., and 2909 N. Armistead Ave., which are located in an area west of Langley Air Force Base, to the south of Commander Shepard Blvd., east of Magruder Blvd., and north of Hampton Roads Center Pkwy [LRSNs 13004064, 6000853, 6000759, 6000758, 6000757, 6000756, 6000824, 6000822, 6001304, 6000802, 6000803, 6000804 and, 6000805, respectively]. The application WS & Public Meeting Minutes 20170720 Page 4  is to rezone the property from C-3 General Commercial (LRSNs 13004064 and 6000853), LFA-2 Langley Flight Approach Mixed Business and Manufacturing (LRSNs 6000756, 6000757, 6000758, 6000759, 6001304, 6000802, 6000803, 6000804, and 6000805), and M-2 Light Manufacturing (LRSNs 6000822 and 6000824), to Langley Flight Approach Manufacturing (LFA-1). Approval of this application would support the Hampton-Langley Joint Land Use Study, which encourages adjacent land uses that are compatible with base operations at Langley Air Force Base. The Hampton Community Plan (2006, as amended) recommends Business/Industrial uses and Open Space for these properties. Copies of documents or information concerning this proposal may be obtained from the Community Development Department located in City Hall at 22 Lincoln Street or from Charles “Porter” Stevens, 757-727-6256 or cpstevens@hampton.gov. B. RZ 17-00002 – CITY OF HAMPTON, UNADDRESSED PROPERTY ON N. ARMISTEAD AVENUE Director O’Neill read the public hearing notice on the next agenda item. Rezoning Application No. 17-00002: by the City of Hampton to rezone 22.03+ acres owned by the City of Hampton located at an unaddressed property on N. Armistead Ave., which is on the east side of N. Armistead Ave. and on the south side of Potter Lane, just south of Langley Air Force Base [LRSN 6000831]. The application is to rezone the property from Neighborhood Commercial (C-1) with proffered conditions and General Commercial (C-3) with proffered conditions to Langley Flight Approach Mixed Business and Manufacturing (LFA-2). Approval of this application would support the Hampton-Langley Joint Land Use Study, which encourages adjacent land uses that are compatible with base operations at Langley Air Force Base. The Hampton Community Plan (2006, as amended) recommends Business/Industrial uses for this site. Copies of documents or information concerning this proposal may be obtained from the Community Development Department located in City Hall at 22 Lincoln Street or from Charles “Porter” Stevens, 757-727-6256 or cpstevens@hampton.gov. C. RZ 17-00003 – CITY OF HAMPTON, 199 SANTA BARBARA DRIVE AND UNADDRESSED PROPERTY ON DIGGS DRIVE Director O’Neill read the public hearing notice on the next agenda item. Rezoning Application No. 17-00003: by the City of Hampton to rezone 50.1+ acres owned by the City of Hampton located at 199 Santa Barbara Drive and an unaddressed property on Diggs Drive, which are both on the western shore of the southwest branch of the Back River, north of Tide Mill Lane and just south of Langley Air Force Base [LRSNs 6000003 and 6000005]. The application is to rezone the property from Single Family Residential (R-9, R-11) to Parks and Open Space General (PO-1). Approval of this application would support the Hampton-Langley Joint Land Use Study, which encourages adjacent land uses that are compatible with base operations at Langley Air Force Base. The Hampton Community Plan (2006, as amended) recommends Open Space for this site. Copies of documents or information concerning this proposal may be obtained from the Community Development Department located in City Hall at 22 Lincoln Street or from Charles “Porter” Stevens, 757-727-6256 or cpstevens@hampton.gov. WS & Public Meeting Minutes 20170720 Page 5  City Planner Charles “Porter” Stevens presented the staff report on the subject applications, a copy of which is attached to the original minutes. He stated that staff recommends approval of the three (3) rezoning applications. In response to a comment from Commissioner Peterson, Mr. Stevens confirmed that all of the sites requested for rezoning were acquired with a combination of State and City funds in order to protect the flight approach zone of Langley Air Force Base from encroachment. There being no additional questions or speakers, the Commission approved the following resolution: WHEREAS: the Hampton Planning Commission has before it this day a request by the City of Hampton to rezone 39.34± acres of land located at 3101 Nasa Drive, 3105 Commander Shepard Blvd., an unaddressed property on Tidewater Drive, 2972 N. Armistead Ave., 2935 N. Armistead Ave., 2927 N. Armistead Ave., 2921 N. Armistead Ave., 2917 N. Armistead Ave., and 2909 N. Armistead Ave. [LRSNs 13004064, 6000853, 6000759, 6000758, 6000757, 6000756, 6000824, 6000822, 6001304, 6000802, 6000803, 6000804 and, 6000805, respectively]; WHEREAS: the application is to rezone the property from General Commercial (C-3) [LRSNs 13004064 and 6000853], Langley Flight Approach Mixed Business and Manufacturing (LFA-2) [LRSNs 6000756, 6000757, 6000758, 6000759, 6001304, 6000802, 6000803, 6000804, and 6000805], and Light Manufacturing (M-2) [LRSNs 6000822 and 6000824] to Langley Flight Approach Manufacturing (LFA-1); WHEREAS: all properties subject to this rezoning are owned by the City of Hampton, and are currently vacant; WHEREAS: the Hampton Community Plan (2006, as amended) recommends business/industrial uses for these properties; WHEREAS: the Hampton Community Plan strongly encourages the City of Hampton to partner with Langley Air Force Base to promote compatible land uses within the flight approach and noise areas surrounding the facility; WHEREAS: there is a long history of collaboration between Langley Air Force Base and the City of Hampton, as the City has continued to grow and expand, to ensure that adjacent land uses are managed such that this key military facility can continue to accomplish its mission, while also protecting the health, safety, and general welfare of the public; WHEREAS: in 2010, the Air Force and the City completed the Hampton-Langley Joint Land Use Agreement which encourages the City to adopt land use and growth policies to keep high concentrations of people and development away from Langley; WHEREAS: such efforts are encouraged to concentrate on a specific area off the western end of Langley’s main runway, known as the flight approach area or APZ; WHEREAS: the APZ is designated as having the greatest statistical probability, in the unlikely event of an emergency involving an aircraft taking off or landing at Langley, for said aircraft to crash; WS & Public Meeting Minutes 20170720 Page 6 WHEREAS: the City of Hampton, in an effort to keep the APZ clear of development, has worked to use City and State funding to acquire property in this area; WHEREAS: the City of Hampton has also created the six (6) Langley Flight Approach (LFA) special zoning districts, which are designed specifically for this area, and permit only low density, non-residential uses; WHEREAS: the properties subject to this rezoning are proposed to be rezoned to LFA-1, which is the most restrictive of the six (6) LFA districts and is designed for properties within or encroaching into the APZ; and WHEREAS: no one from the public spoke for or against this proposal. NOW, THEREFORE, on a motion by Commissioner Jimmy Gray and seconded by Commissioner Christopher Carter, BE IT RESOLVED that the Hampton Planning Commission recommends to City Council approval of Rezoning Application No. 17-00001. A roll call vote on the motion resulted as follows: AYES: Coleman, Kellum, Garrison, Carter, Gray, Peterson, Southall NAYS: None ABST: None ABSENT: None The Planning Commission also approved the following resolution: WHEREAS: the Hampton Planning Commission has before it this day a request by the City of Hampton to rezone 22.03± acres of land located at an unaddressed property on the east side of N. Armistead Ave., the south side of Potter Lane, and just south of Langley Air Force Base [LRSN 6000831]; WHEREAS: the application is to rezone the property from Neighborhood Commercial (C-1) with proffered conditions and General Commercial (C-3) with proffered conditions to Langley Flight Approach Mixed Business and Manufacturing (LFA-2); WHEREAS: the property subject to this rezoning is owned by the City of Hampton, and is currently vacant; WHEREAS: the Hampton Community Plan (2006, as amended) recommends business/industrial uses for this property; WHEREAS: the Hampton Community Plan strongly encourages the City of Hampton to partner with Langley Air Force Base to promote compatible land uses within the flight approach and noise areas surrounding the facility; WHEREAS: there is a long history of collaboration between Langley Air Force Base and the City of Hampton, as the City has continued to grow and expand, to ensure that adjacent land uses are managed such that this key military facility can continue to accomplish its mission, while also protecting the health, safety, and general welfare of the public; WS & Public Meeting Minutes 20170720 Page 7 WHEREAS: in 2010, the Air Force and the City completed the Hampton-Langley Joint Land Use Agreement, which encourages the City to adopt land use and growth policies to keep high concentrations of people and development away from Langley; WHEREAS: such efforts are encouraged to concentrate on a specific area off the western end of Langley’s main runway, known as the flight approach area or APZ; WHEREAS: the APZ is designated as having the greatest statistical probability, in the unlikely event of an emergency involving an aircraft taking off or landing at Langley, for said aircraft to crash; WHEREAS: the City of Hampton, in an effort to keep the APZ clear of development, has worked to use City and State funding to acquire property in this area; WHEREAS: the City of Hampton has also created the six (6) Langley Flight Approach (LFA) special zoning districts, which are designed specifically for this area, and permit only low density, non-residential uses; WHEREAS: the property subject to this rezoning is proposed to be rezoned to LFA-2, which is the second most restrictive of the six (6) LFA districts and is designed for properties not encroaching into, but are directly adjacent to, the APZ; and WHEREAS: no one from the public spoke for or against this proposal. NOW, THEREFORE, on a motion by Commissioner Ruthann Kellum and seconded by Commissioner Trina Coleman, BE IT RESOLVED that the Hampton Planning Commission recommends to City Council approval of Rezoning Application No. 17-00002. A roll call vote on the motion resulted as follows: AYES: Coleman, Kellum, Garrison, Carter, Gray, Peterson, Southall NAYS: None ABST: None ABSENT: None The Planning Commission also approved the following resolution: WHEREAS: the Hampton Planning Commission has before it this day a request by the City of Hampton to rezone 50.1± acres located at 199 Santa Barbara Drive and an unaddressed property on Diggs Drive [LRSNs 6000003 and 6000005]; WHEREAS: the application is to rezone the property from Single Family Residential (R-9, R-11) to Parks and Open Space General (PO-1); WHEREAS: all properties subject to this rezoning are owned by the City of Hampton, and are currently vacant; WHEREAS: the Hampton Community Plan (2006, as amended) recommends open space uses for these properties; WS & Public Meeting Minutes 20170720 Page 8 WHEREAS: the Hampton Community Plan strongly encourages the City of Hampton to partner with Langley Air Force Base to promote compatible land uses within the flight approach and noise areas surrounding the facility; WHEREAS: there is a long history of collaboration between Langley Air Force Base and the City of Hampton, as the City has continued to grow and expand, to ensure that adjacent land uses are managed such that this key military facility can continue to accomplish its mission, while also protecting the health, safety, and general welfare of the public; WHEREAS: in 2010, the Air Force and the City completed the Hampton-Langley Joint Land Use Agreement, which encourages the City to adopt land use and growth policies to keep high concentrations of people and development away from Langley; WHEREAS: such efforts are encouraged to concentrate on a specific area off the western end of Langley’s main runway, known as the flight approach area or APZ; WHEREAS: the APZ is designated as the area most likely, in the event of an emergency involving an aircraft taking off or landing at Langley, for said aircraft to crash; WHEREAS: the City of Hampton, in an effort to keep the APZ clear of development, has worked to use City and State funding to acquire property in this area; WHEREAS: the properties subject to this rezoning, while not located near the APZ, were determined to have current zoning that was generally inappropriate for a large undeveloped property near Langley Air Force Base; WHEREAS: rezoning these properties to Parks and Open Space (PO-1) will also preserve open space and protect sensitive wetlands and marine habitats; and WHEREAS: no one from the public spoke for or against this proposal. NOW, THEREFORE, on a motion by Commissioner Pete Peterson and seconded by Commissioner Christopher Carter, BE IT RESOLVED that the Hampton Planning Commission recommends to City Council approval of Rezoning Application No. 17-00003. A roll call vote on the motion resulted as follows: AYES: Coleman, Kellum, Garrison, Carter, Gray, Peterson, Southall NAYS: None ABST: None ABSENT: None D. UP 17-00007 – FIRST UNITED CHURCH OF CHRIST, 1017 TODDS LANE Director O’Neill read the public hearing notice on the next agenda item. Use Permit Application No. 17-00007: by First United Church of Christ to permit a Commercial Day Care 2 for approximately 50 children at 1017 Todds Lane, which WS & Public Meeting Minutes 20170720 Page 9  is on the north side of Todds Lane, west of Big Bethel Road and just south of the campus of Liberty Baptist Church [LRSN 4000574]. The property is currently zoned single family residential (R-13) which allows for a Commercial Day Care 2 with a use permit. The Hampton Community Plan (2006, as amended) recommends public/semi-public uses for this site. Copies of documents or information concerning this proposal may be obtained from the Community Development Department located in City Hall at 22 Lincoln Street or from Charles “Porter” Stevens, 757-727-6256 or cpstevens@hampton.gov. City Planner Charles “Porter” Stevens presented the staff report on the subject application, a copy of which is attached to the original minutes. He stated that staff recommends approval of the use permit application with ten (10) conditions. In response to a question from Chairman Southall, Mr. Stevens responded that the hours noted in the conditions are generally what are permitted for commercial day cares; staff allows some operational flexibility over the applicants proposed hours of operation. If the hours are set at very specific time slots, the day care would need to submit a use permit application each time they want to change their hours of operation. In response to a question from Commissioner Carter, Mr. Stevens stated that as part of the application evaluation process, the application is forwarded to the Public Works staff who specialize in traffic evaluation. The application is then analyzed based on the number of children and staff at the location. The Public Works staff did not foresee any traffic problems from the proposal. Chris Henderson, 101 Keystone, Williamsburg, is the Chairman of Trustees at First United Church of Christ. Mr. Henderson, representing the applicant, presented background information on First United Church of Christ and the day care use permit application. Mr. Henderson expressed that the Church has a lengthy history of operating in the local community. They are a small congregation called to service and view the day care as central to the church’s mission of worshiping God, growing spiritually, and serving others. He said they are called to use their resources to maximum benefit and believe that a day care facility in the church will help them help the local community. They have identified it as a need for the local community as two local facilities are closing, which will bring a day care shortage to the community. Mr. Henderson added that the Church has interviewed multiple operators who are interested in the space. When the space was initially advertised, the Church received numerous inquiries from people interested in coming to the facility because of the centralized location and the amenities their facility could offer a day care provider. Mr. Henderson stated that the space was previously occupied by the Kings Way Montessori School until Spring 2016, when the operator retired. The Church is near finalizing their selection for a day care operator. Mr. Henderson commented that in the future, the Church may be seeking an opportunity to provide after school care. They are looking for local partners to aid in hosting after-school care at their facility. Mr. Henderson noted that the days of operation they are seeking for the day care are Monday through Friday, not Monday through Thursday as in the staff presentation. He also requested that the opening time be 5:30a.m. instead of 6:00a.m.; some parents need to be at work prior to 7:00a.m., or driving distance requires them to drop their child off earlier. The day care does not plan to stay open until 10:00p.m. Mr. Henderson also communicated that the day WS & Public Meeting Minutes 20170720 Page 10 care would like to open by September 1 to accommodate parents when the school year begins. In response to questions from Commissioner Carter, Mr. Henderson stated that the Church will not be the operator of the day care; they will contract out the operator of the day care. Mr. Henderson explained that thirty years ago the Church operated a day care facility. With the membership status and the age of the congregation, the Church is not in a position to operate a day care. They have identified multiple operators in the area with whom they share a common philosophy and approach in the care of children, and believe they can operate consistently with the Church’s mission. Mr. Henderson responded that the day care would not be named First United Church of Christ Day Care but would be operating in the Church facility. He added that the operator understands what their obligation would be, operating in a church. The operator will have access to the Church’s commercial kitchen, play areas, and fellowship hall, making it a warm and welcoming environment for children in the area. In response to a question from Commissioner Coleman, Mr. Henderson replied that the operator will be responsible for the selection of the children attending the day care. He added that the three (3) final applicants all share a commitment to service and interest in meeting the needs of the community. They are able to offer reduced rates to deserving but financially limited families as a result of a subsidized lease arrangement with the Church. The Church as some involvement but will not screen or select the children. In response to questions from Commissioner Peterson, Senior Assistant City Attorney Bonnie Brown responded that the Planning Commission can recommend a change in days/hours of operation to City Council for approval. Director O’Neill replied that use permits are connected with the property and not the individual operator. There being no additional questions or speakers, the Commission approved the following resolution: WHEREAS: the Hampton Planning Commission has before it this day a proposal by the First United Church of Christ to operate a Commercial Day Care 2 at 1017 Todds Lane [LRSN 4000574]; WHEREAS: the applicant is proposed to host a commercial day care for up to fifty (50) children at this location; WHEREAS: the property is zoned Single Family Residential (R-13) District, which permits a Commercial Day Care 2 subject to approval of a use permit; WHEREAS: the Hampton Community Plan (2006, as amended) recommends public/semi- public use for this site; WHEREAS: the Hampton Community Plan establishes policies that encourage us to facilitate great participation in the workforce by promoting quality day care services; WHEREAS: ten (10) conditions are attached that address aspects of the operation of the day care, including hours of operation, circulation, and capacity; WHEREAS: the applicant organized and held a community meeting on July 18, 2017, but no members of the public attended; WS & Public Meeting Minutes 20170720 Page 11 WHEREAS: at the hearing, the applicant requested an amendment to Condition #2 in order to allow the day care to open at 5:30 am instead of 6:00 am; and WHEREAS: no one from the public spoke for or against this proposal. NOW, THEREFORE, on a motion by Commissioner Carole Garrison and seconded by Commissioner Ruthann Kellum, BE IT RESOLVED that the Hampton Planning Commission recommends to City Council approval of Use Permit Application No. 17-00007, subject to ten (10) conditions, and amending the permitted start time to 5:30 am. A roll call vote on the motion resulted as follows: AYES: Coleman, Kellum, Garrison, Carter, Gray, Peterson, Southall NAYS: None ABST: None ABSENT: None E. ZOA 17-00002 – AMEND AND RE-ENACT CHAPTER 8, ARTICLE 7, “PHOEBUS DISTRICTS” Director O’Neill read the public hearing notice on the next agenda item. Zoning Ordinance Amendment No. 17-00002: by the City of Hampton to Amend And Re-Enact Chapter 8, Article 7 Of The Zoning Ordinance Of The City Of Hampton, Virginia Entitled “Phoebus Districts.” Approval of this amendment would update requirements for screening and location of accessory structures and equipment. Copies of documents or information concerning this proposal may be obtained from the Community Development Department located in City Hall at 22 Lincoln Street or from Porter Stevens, 757-727-6256 or cpstevens@hampton.gov. City Planner Charles “Porter” Stevens presented the staff report on the subject amendment, a copy of which is attached to the original minutes. He stated that staff recommends approval of the Zoning Ordinance amendment. In response to questions from Commissioner Kellum, Director O’Neill answered this issue is specifically concerning commercial dumpsters. He explained that many of the restaurants needed one or more large dumpsters to handle their refuse, which was in conflict with the provision. Director O’Neill further explained that accessibility to the dumpster would be managed between the provider and the business; the only provision is that once permitted, the dumpster needs to be screened. The City does not control where the dumpster goes as long as it is within the permitted rear yard area. Director O’Neill added that the City has worked closely with the Phoebus Partnership to partner in constructing a dumpster location for those businesses who did not have ample space to place a dumpster. Two (2) dumpsters, located in the public parking lot behind the library, are for general use of businesses in that block, and are screened by a brick wall. The businesses pay for the dumpster service. WS & Public Meeting Minutes 20170720 Page 12  In response to questions from Commissioner Gray, Director O’Neill explained that the two dumpsters may not accommodate all of the businesses on the block, and some may have their own dumpster. The City and Phoebus Partnership wanted to find a solution for those businesses who do not have a readily available space. The dumpsters are available to any business who wishes to pay for the service. Currently, the businesses possibly use a public dumpster, use some other dumpster that is not on-site, or have a dumpster that is in violation of the ordinance. The City has suspended any enforcement of the ordinance until a solution could be found. There being no additional questions or speakers, the Commission approved the following resolution: WHEREAS: the Hampton Planning Commission has before it this day Zoning Ordinance Amendment No. 17-00002 to amend and re-enact Chapter 8, Article 7 of the City of Hampton, Virginia Entitled “Phoebus Districts” by amending Section 8-62(f)(i), to change language pertaining to the location and screening of dumpsters, sheds, and other types of utility equipment; WHEREAS: the PH-1 Special District is a zoning district created in 2015 to regulate development within the historic Phoebus commercial district; WHEREAS: the development standards for PH-1 are designed to ensure new/infill development along Phoebus’s historic main street is contextually sensitive, reinforces the District’s sense of place, and generally enhances the downtown area; WHEREAS: Section 8-62(f)(i) currently states that “Ground-level trash enclosures, storage areas, and utility, stormwater or mechanical equipment shall be screened from public view by use of walls or landscaping and is prohibited in the space between the building and any public right-of-way.”; WHEREAS: in the past few months, it has been brought to the attention of City staff that this section must be applied to several public ROWs that exist behind commercial buildings along Mellen Street, thereby effectively prohibiting local businesses from locating dumpsters, storage sheds, or other essential equipment behind their buildings; WHEREAS: this Zoning Ordinance Amendment deletes the language referencing public right-of-ways, and introduces new language that allows dumpsters, storage areas, and utility, stormwater or mechanical equipment in the rear yard, but prohibits them in the front yard as well as, in the case of corner lots, the side yard; WHEREAS: the new language still requires dumpsters and trash compactors to be screened with durable materials; WHEREAS: the City of Hampton worked with the Partnership For A New Phoebus to craft the new ordinance language; and WHEREAS: no one from the public spoke for or against this proposal. NOW, THEREFORE, on a motion by Commissioner Ruthann Kellum and seconded by Commissioner Jimmy Gray, WS & Public Meeting Minutes 20170720 Page 13 BE IT RESOLVED that the Hampton Planning Commission recommends to City Council approval of Zoning Ordinance Amendment No. 17-00002. A roll call vote on the motion resulted as follows: AYES: Coleman, Kellum, Garrison, Gray, Peterson, Southall NAYS: None ABST: None ABSENT: Carter Director O’Neill suggested that the next two related public hearing items be part of one presentation and public hearing. A separate motion and vote will be required for each item. F. ZOA 17-00004 – AMEND AND RE-ENACT CHAPTER 9, ARTICLE 2, “O-CBP DISTRICT – CHESAPEAKE BAY PRESERVATION OVERLAY” Director O’Neill read the public hearing notice on the next agenda item. Zoning Ordinance Amendment No. 17-00004: by the City of Hampton to Amend And Re-Enact Chapter 9, Article 2 Of The Zoning Ordinance Of The City of Hampton, Virginia Entitled, “O-CBP District – Chesapeake Bay Preservation Overlay”. Approval of this amendment would reorganize the ordinance, create new “special green area” requirements, authorize administrative review of permitted encroachments into the Resource Protection Area buffer, and transfer responsibility for review of exception requests from the existing Chesapeake Bay Review Committee to the Board of Zoning Appeals. This item is proposed in conjunction with Zoning Ordinance Amendment No. 17-00005 to amend definitions pertaining to the O-CBP District. Copies of documents or information concerning this proposal may be obtained from the Community Development Department located in City Hall at 22 Lincoln Street or from Matt Smith, 757-727- 6077 or mssmith@hampton.gov. G. ZOA 17-00005 – AMEND AND RE-ENACT CHAPTER 2, DEFINITIONS, SECTION 2-2 Director O’Neill read the public hearing notice on the next agenda item. Zoning Ordinance Amendment No. 17-00005: This is a proposal by the City of Hampton to Amend And Re-Enact Chapter 2 Of The Zoning Ordinance Of The City Of Hampton, Virginia Entitled “Definitions” By Amending Section 2-2. Approval of this amendment would update definitions pertaining to the O-CBP District including “Green Area,” “Impervious Surface,” Resource Delineation,” “Special Green Area,” “Water Quality Impact Assessment, Major,” and “Water Quality Impact Assessment, Minor.” This item is proposed in conjunction with Zoning Ordinance Amendment No. 17-00004 to reorganize the O-CBP District. Copies of documents or information concerning this proposal may be obtained from the Community Development Department located in City Hall at 22 Lincoln Street or from Matt Smith, 757-727-6077 or mssmith@hampton.gov. Temporary Deputy Zoning Administrator Matt Smith presented the staff report on the subject amendments, a copy of which are attached to the original minutes. He stated that staff recommends approval of the two (2) Zoning Ordinance amendments. WS & Public Meeting Minutes 20170720 Page 14  In response to questions from Commissioner Garrison, Matt Smith responded that a property owner is not required to notify their neighbors of an appeal to the Board of Zoning Appeals (BZA); City staff notifies neighbors of all applications that come before BZA. Senior Assistant City Attorney Bonnie Brown further explained that if a third party is going to be specifically impacted by the decision of the Board; they can file an appeal to the Circuit Court within 30 days of BZA’s decision. She reiterated that affected property owners receive specific notifications from City staff and can appear at the BZA hearing, which is the first level. Commissioner Garrison expressed that she appreciates that the BZA members are not part of the City and the City has no control over the training, although they can make suggestions. She suggested that the members have continuous training so new members also understand the rules. Commissioner Garrison disclosed that she attended BZA meetings in the past and noticed that the rules are confusing to the applicants and Board members. She remarked that when joining a Board, knowing the rules is good for the member. In response to a question previously asked by Commissioner Garrison in the Work Session, Matt Smith elaborated that property owners are currently permitted to redevelop in the Resource Protection Area (RPA); those applications are reviewed by staff and the process is not proposed to change. Senior Assistant City Attorney Bonnie Brown mentioned that the proposed ordinance was reviewed by the Virginia Department of Environmental Quality (DEQ) to be sure it comported with all State regulations. DEQ approved the proposed ordinance with minor comments that were addressed by staff. There being no additional questions or speakers, the Commission approved the following resolution: WHEREAS: the Hampton Planning Commission has before it this day Zoning Ordinance Amendment No. 17-00004 to amend and re-enact Chapter 9, Article 2 of the Zoning Ordinance of the City of Hampton, Virginia Entitled, “O-CBP District – Chesapeake Bay Preservation Overlay”; WHEREAS: approval of this amendment would reorganize the ordinance, create new “special green area” requirements, authorize administrative review of permitted encroachments into the Resource Protection Area buffer, and transfer responsibility for review of exception requests from the existing Chesapeake Bay Review Committee to the Board of Zoning Appeals; WHEREAS: the Chesapeake Bay Preservation Act was enacted by the Virginia General Assembly to improve water quality in the Chesapeake Bay through land use planning practices that balance economic development and water quality protection; WHEREAS: the City of Hampton manages a water quality preservation program that has been determined to be in full compliance with the Chesapeake Bay Preservation Act and its associated management regulations by the Virginia Department of Environmental Quality; WHEREAS: this item is proposed in conjunction with Zoning Ordinance Amendment No. 17-00005 to amend definitions pertaining to the O-CBP District; WS & Public Meeting Minutes 20170720 Page 15 WHEREAS: there were no speakers at the public hearing for this item. NOW, THEREFORE, on a motion by Commissioner Ruthann Kellum and seconded by Commissioner Jimmy Gray, BE IT RESOLVED that the Hampton Planning Commission recommends to City Council approval of Zoning Ordinance Amendment No. 17-00004. A roll call vote on the motion resulted as follows: AYES: Coleman, Kellum, Garrison, Gray, Peterson, Southall NAYS: None ABST: None ABSENT: Carter The Planning Commission also approved the following resolution: WHEREAS: the Hampton Planning Commission has before it this day Zoning Ordinance Amendment No. 17-00005 to amend and re-enact Chapter 2 of the Zoning Ordinance of the City Of Hampton, Virginia Entitled “Definitions” by amending Section 2-2; WHEREAS: approval of this amendment would update definitions pertaining to the Chesapeake Bay Preservation Overlay District (O-CBP) including “Green Area,” “Impervious Surface,” Resource Delineation,” “Special Green Area,” “Water Quality Impact Assessment, Major,” and “Water Quality Impact Assessment, Minor”; WHEREAS: the Chesapeake Bay Preservation Act was enacted by the Virginia General Assembly to improve water quality in the Chesapeake Bay through land use planning practices that balance economic development and water quality protection; WHEREAS: the City of Hampton manages a water quality preservation program that has been determined to be in full compliance with the Chesapeake Bay Preservation Act and its associated management regulations by the Virginia Department of Environmental Quality; WHEREAS: this item is proposed in conjunction with Zoning Ordinance Amendment No. 17-00004 to reorganize the O-CBP District; WHEREAS: there were no speakers at the public hearing for this item. NOW, THEREFORE, on a motion by Commissioner Trina Coleman and seconded by Commissioner Ruthann Kellum, BE IT RESOLVED that the Hampton Planning Commission recommends to City Council approval of Zoning Ordinance Amendment No. 17-00005. A roll call vote on the motion resulted as follows: WS & Public Meeting Minutes 20170720 Page 16  AYES: Coleman, Kellum, Garrison, Gray, Peterson, Southall NAYS: None ABST: None ABSENT: Carter V. COMMUNITY DEVELOPMENT DIRECTOR’S REPORT A. OLD NORTH HAMPTON NEIGHBORHOOD PLAN Director O’Neill noted that the Old North Hampton Neighborhood Plan briefing was for informational purposes and required no action from the Planning Commission. It is not an amendment to the Hampton Community Plan (2006, as amended) and there are no recommendations in the update that alter or change the recommendations in the Community Plan or the North King Street Master Plan. This update offers recommendations from the Old North Hampton neighborhood relative to elaborating on certain initiatives, or focusing on civic or social recommendations within the community. The update was requested from the neighborhood to City Council, to explore the idea of establishing the Old North Hampton neighborhood as a proposed Housing Venture area, and was a collaborative process. Daniel McCormick, the City of Hampton’s Housing Reinvestment Specialist, briefed the Planning Commission on the update to the Old North Hampton Neighborhood Plan. This informational briefing proposes the Old North Hampton neighborhood as a Housing Venture area, and will go to City Council for action on the designation in August. The Hampton Housing Venture Initiative: o Encourages reinvestment in the existing housing stock and increased home ownership in older Hampton neighborhoods which include Pasture Point, Old Hampton, and Sussex o Requires a Neighborhood Plan o Is designated by City Council o Concentrates various financial resources in that area including Federal block grants, HOME funds, CIP funding (if approved), and Neighborhood Commission grants o Conducts neighborhood organizing The process involved several steps: o Agreement on process, dates, and ground rules o Stakeholder Analysis – who are they, where are they, and how does leadership reach them o Identify Stakeholders – Outreach, recruit, invite to join, and inform o Stakeholder Check-in o Data Gathering and Analysis o SWOT Analysis – Strengths, Weaknesses, Opportunities and Threats o Visioning – Vision Statement and Action Plan development:  Main components of the Old North Hampton Neighborhood’s vision: WS & Public Meeting Minutes 20170720 Page 17   Safe place to live, work, and play  Easy accessibility for pedestrians and traffic flow:  Bike trails  Easy access to Mercury Boulevard  Attractive, clean, and appealing  Diversity in housing stock:  Single family  Multi-family  Senior housing  Vibrant community center  Viable neighborhood commercial properties  Curb, gutter, and sidewalks  Effective neighborhood organization o Goal Setting, Outcomes, and Action steps:  Seven (7) Priority Areas:  Safe community  Attractive and appealing neighborhood  Diversity of housing stock:  Single-family  Multi-family (highest priority)  Effective neighborhood organization  Easy accessibility within the neighborhood  Quality neighborhood-oriented commercial establishments  Multi-generational community center o Complete Draft Plan and Leadership Team Review o Community comments on Plan – invitation by Leadership Team o Finalize Plan o Plan Finalization Process begins:  Plan approval by neighborhood  Plan supported by Neighborhood Commission  Plan supported by Planning Commission  Plan adopted by City Council Physical Development proposals in accordance with the North King Street Master Plan: 1. Extension of Rowe Street and new housing development 2. Construction of Farm Street from Rowe Street to Easterly Avenue 3. Extension of Seldendale Drive to Easterly Avenue Additional Developments: 1. Develop a “Senior Village” for independent living 2. Improve the housing stock 3. Improve gateways, entrances, and connections WS & Public Meeting Minutes 20170720 Page 18  Chairman Southall commended the Old North Hampton Neighborhood on collaborating with staff to work on the Plan. He commented that it takes great effort and desire to get people together to make their neighborhood better. He also thanked the staff for their hard work. B. JUNIOR YOUTH PLANNER INTRODUCTION Senior City Planner Tolu Ibikunle introduced Junior Youth Planner Symone Gibbs to the Planning Commission. Ms. Ibikunle remarked that Hampton has a long-standing history in youth civic engagement. One of the components is the Youth Planner Program where the Community Development Department hires a high school Junior and Senior to work within the Department and serve as staff support for the Youth Commission. In addition to Janaria Lickey, who is now the Senior Youth Planner, Symone will be conducting presentations in the coming months before the Planning Commission. Commissioner Coleman welcomed Ms. Gibbs to the Planning Commission. In response to a question from Commissioner Coleman, Ms. Gibbs responded that she did not intend to go into public service once she graduated from high school. Ms. Ibikunle pointed out a memo in the meeting package where Ms. Gibbs introduced herself to the Planning Commission. Ms. Gibbs is a student at Bethel High School and is interested in the medical field. Ms. Ibikunle remarked that the biggest benefit of the Youth Planner Program is that it exposes the youth to real world experiences in the workplace, and added that regardless of what profession they chose, being a Youth Planner gives them an amazing experience that is difficult to duplicate. Director O’Neill and Ms. Ibikunle joked that they will try to persuade Ms. Gibbs to enter into public service after her graduation. Chairman Southall welcomed Ms. Gibbs and stated that he looked forward to working with her in the future. In response to a question from Director O’Neill, Ms. Ibikunle shared that on Monday, July 24th, the Youth Planners, Director O’Neill, and herself are invited to participate in a Master’s Class with PhD students at Old Dominion University. The class is centered on civic engagement and one of the components is youth civic engagement. They have been invited to talk about Hampton’s legacy, the Youth Planner’s experiences, and the impact of the Youth Planner program/youth civic engagement on their lives. VI. ITEMS BY THE PUBLIC There were no items by the public. VII. MATTERS BY THE COMMISSION Chairman Southall shared that on Wednesday, August 2nd, at 10:00 a.m., a special welcome home ceremony will be held for Hampton’s Streetcar 390. Streetcar 390 is one of the last remaining streetcars that once served the City of Hampton. The ceremony, being held at 57 Patch Road, Fort Monroe, is free and open to the public. The streetcar will be renovated and on display in downtown Hampton. VIII. ADJOURNMENT There being no further business, the meeting was adjourned at 4:59 p.m. WS & Public Meeting Minutes 20170720 Page 19